Procurement complaint process

Services Australia (the agency) takes procurement complaints seriously. We are committed to managing complaints efficiently, fairly and with due consideration of our obligations under the Public Governance, Performance and Accountability Act 2013 (Cth), the Commonwealth Procurement Rules (CPRs) and the Government Procurement (Judicial Review) Act 2018 (Cth) (GPJR Act), if applicable.

Issues or enquiries arising during a procurement process should, in the first instance, be directed to the Contact Officer identified in the procurement documentation.

Contractual disputes should be managed in accordance with the executed contract between the parties. This is detailed in the Dispute resolution, termination and default clause of the contract.

Complaints will not prejudice a supplier’s or potential supplier’s participation in any future procurement process with the agency. The procurement complaints process is outlined below.

How to lodge a procurement complaint

Suppliers should raise any concerns with the Contact Officer first. If you consider a CPR contravention has occurred or is likely to, and it hasn’t been adequately resolved by the Contact Officer, then you can lodge a procurement complaint.

A supplier can lodge a written complaint to the agency about CPR contraventions, or proposed contraventions, that affect their interest. These should be raised as early as possible upon identification of any CPR contravention or proposed contravention.

To submit a complaint, email procurement.complaints@servicesaustralia.gov.au. Please include all the following details so we can assess the complaint on time.

Contact details

• Supplier name
• Address
• Telephone number
• Email address
• Name and contact details of who can be contacted regarding the complaint.

Information on the procurement

• Approach to market reference number
• Any other relevant reference numbers
• Relevant times and dates (for example issuance of tender/closing or tender/contract award).

Complaint details

• Detail on the relevant paragraph/s of the CPRs that you consider having been contravened, and why you believe this is so
• A detailed statement of your complaint, including information to support your complaint and any relevant events and facts
• Details of any attempts to resolve the complaint (noting in the first instance you should raise issues or concerns with the Procurement Contact Officer before making a complaint)
• An outline of how your interests are affected because of the alleged CPR contraventions.

You should include a statement of relief requested, which details what remedy is being sought in response to the complaint.

Please also include any relevant attachments or supporting documentation.

At any time during the procurement complaints process, the supplier can notify the agency that their complaint has been withdrawn or resolved by emailing procurement.complaints@servicesaustralia.gov.au.

Where the procurement has already been completed, for example contracts awarded, it’s not possible to change the procurement decision, so awarding the contract to another party is not an available remedy.

What the complaint process is

When we receive a complaint, we’ll follow these steps:

1. acknowledge your complaint within 2 business days
2. start an investigation into your complaint
3. engage with you where necessary to resolve the complaint
4. advise you of the findings when the investigation is complete.

Additionally, if we consider your complaint is a Covered Procurement under the GPJR Act, as part of the investigation and response, we’ll:

• let you know if a Public Interest Certificate (PIC) is in place
• where a PIC isn’t in place or hasn’t been issued, suspend the procurement while the complaint is investigated
• where suppliers affected by a suspension can be identified, advise those impacted suppliers that the procurement has been suspended
• establish an Internal Review Committee (IRC) to conduct an independent investigation of your complaint and consider appropriate actions to resolve it
• inform the decision-making delegate, not directly involved in the procurement process, to consider the findings and recommendations of the IRC
• notify you of the outcome of the investigation including the reason for the decision
• seek your written confirmation that the complaint is resolved. You’ll have 5 business days to respond to the agency’s request.

According to the GPJR Act, a Covered Procurement is:

• a procurement where both Division 1 and 2 of the CPRs apply
• usually, an Open or Limited Tender using the Conditions for Limited Tender outlined in part 10.3 of the CPRs
• where the procurement value is at or above the following thresholds:
  • $80,000 (including GST) - for procurements other than construction services
  • $7.5 million (including GST) - for procurements of construction services
• not otherwise exempt from compliance with Division 1 and/or Division 2 of the CPRs.

How to get a decision reviewed

If, following completion of the investigation, you’re dissatisfied with the outcome of your complaint, you may contact the:

• Commonwealth Ombudsman through their website
• Australian Government Procurement Coordinator through the Department of Finance website
• Federal Courts for complaints subject to the Government Procurement (Judicial Review) Act 2018 on the Federal Register of Legislation website.

How we protect your personal information

Your personal information is protected under the Privacy Act 1988 (Cth), which includes the Australian Privacy Principles (APPs).

Services Australia will collect your personal information, including sensitive information, for the purpose of investigating your complaint. To investigate your complaint, we may be required to share your personal information, including sensitive information, with other relevant areas within Services Australia.

We may also share your information with other government agencies if, for example, we think that they can better assist you in relation to your complaint or we require information from that agency to consider and resolve your complaint.

If you don’t wish for your personal information, including sensitive information, to be disclosed, please advise Services Australia when you make your complaint.

Our Privacy Policy provides more information about how we protect your personal information and who to contact if you have a privacy-related enquiry or complaint.