Procurement Complaints

The Office of the Director of Public Prosecutions (Cth) (CDPP) must comply with the Commonwealth Procurement Rules (CPRs) when procuring goods and services. The CPRs govern how the CDPP procures goods and services and are designed to ensure the CDPP and taxpayers obtain value for money.

The Government Procurement (Judicial Review) Act 2018 (the Act) establishes an independent complaint mechanism for government procurement processes. The Act provides suppliers and/or potential suppliers with a mechanism for lodging a formal complaint.

Covered procurements

According to the 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.

Under the Act, complaints must be made in writing to the relevant entity immediately after becoming aware of the alleged breach of the relevant CPRs.

Lodging a complaint

If you believe the CDPP has or will breach the CPRs in relation to a covered procurement and this will affect your interests, email your complaint to procurement@cdpp.gov.au.

Information you need to include in your procurement complaint:

  • your full name, business name, address, and telephone contact details
  • a reference to which procurement the complaint is in regard to
  • the Commonwealth Procurement Rule you think we have breached or are proposing to breach
  • sufficient detail about the issue to allow us to investigate and respond to it
  • what your interests are and how they will be affected
  • details of any other conduct that you are complaining about; and
  • include any relevant evidence.

Your obligations as a complainant

For information on your obligations as a supplier when raising a complaint under the Act, refer to the Department of Finance Resource Management Guide 422: Handling complaints under the Government Procurement (Judicial Review) Act 2018.

How the CDPP will respond

Once the CDPP receives your written complaint we will:

  • acknowledge receipt of your complaint as soon as practicable
  • assess if your claim demonstrates that a breach has or will occur in accordance with section 18(1) of the Act
  • immediately suspend the procurement activity if your complaint is determined to be valid. The exception to this is if a Public Interest Certificate (PIC) is already in force. The CDPP will advise you if this is the case
  • investigate legitimate complaints and work with you to find a solution within seven working days. However, if the matter is complex, more time may be required to resolve the complaint. The CDPP will keep you informed if an extension is required;
  • seek your written confirmation that the complaint is resolved. You have five working days to respond to the CDPP’s request
  • provide a written report informing you of the outcome of the investigation.

Please note: Where the procurement has already been completed (i.e. contract(s) awarded), it is not possible to change the procurement decision, awarding a contract to another party is not an available remedy.