The Parliamentary Budget Office (PBO) encourages suppliers (including potential suppliers) to lodge a complaint if you believe we have breached the Commonwealth Procurement Rules (CPRs).
All procurement complaints will be handled fairly, without discrimination and as efficiently as possible. Complaints will not prejudice a supplier, or potential suppliers, participation in any future procurement process.
There are two types of complaints you can make:
- a general procurement complaint or
- a complaint under the Government Procurement (Judicial Review) Act 2018 (the JR Act).
General procurement complaints
A general procurement complaint can be made about any aspect of the procurement process relating to any procurement activity. A general complaint is one that does not satisfy the requirements for a JR Act complaint.
JR Act complaints
Complaints under the JR Act allow a supplier to make a complaint to the accountable authority about a contravention of the relevant CPRs (so far as those rules relate to a covered procurement).
The JR Act protects the rights of suppliers or potential suppliers when making a complaint.
The JR Act applies to covered procurements, as defined in Section 5 of the Act and paragraph 6.9 of the CPRs.
Where a complaint is made in writing, the PBO will assess whether the complaint meets the requirements of the JR Act, including whether it relates to a covered procurement, identifies an actual or proposed breach of the CPRs, and demonstrates that the complainant’s interests are affected. If the complaint is a valid complaint under the JR Act, it must be handled in accordance with the guidance in Resource Management Guide 422.
The PBO is required to formally investigate complaints made in accordance with the JR Act, and to suspend procurements during the investigation of a complaint, unless a public interest certificate is in place.
Public Interest Certificates
The PBO may issue a Public Interest Certificate (PIC) if it considers that it is not in the public interest for a specified procurement to be suspended while complaints are being investigated or applications for injunctions are being considered.
How to lodge a complaint
To make either a general complaint or a JR Act complaint, please email corporate@pbo.gov.au (attention: Procurement Complaints) and include the following information:
- Procurement reference (ATM ID# or RFQ# or Purchase Order Number)
- AusTender ID (if known)
- Contact name
- Business name
- ABN
- Street address/PO Box
- Suburb
- Country
- Phone
- Nature of your procurement and complaint (max 500 words)
- Documents to support your complaint.
To help the PBO to formally assess your complaint, make sure you include all the above required information so we can get started. We’ll reach out to you if anything is missing.
What happens next?
When we receive your complaint, the PBO will:
- acknowledge receipt of your complaint as soon as practicable;
- assess whether the complaint meets the requirements of the JR Act (where applicable);
- where required, suspend the procurement while the complaint is investigated (unless a Public Interest Certificate is in place);
- investigate the complaint and seek to resolve the issue in a timely and transparent manner; and
- provide written advice to the complainant on the outcome of the investigation.
Further information
If you are not satisfied with the outcome of your complaint, you may have alternative options available, including seeking independent review or legal remedies in accordance with the Government Procurement (Judicial Review) Act 2018.