Procurement practitioners may have noticed that on 25 May 2017, the Commonwealth Government introduced
the Government Procurement (Judicial Review) Bill 2017 designed to give the Commonwealth
procurement rules some extra teeth.
What does the Bill propose?
The Bill would enable the Federal Court to
grant an injunction or order for compensation for a contravention of relevant
Commonwealth Procurement Rules by a Commonwealth entity.
A supplier whose interests are affected by the relevant
conduct (which includes a potential supplier ie bidder) may make an application
to the court for compensation or an injunction, which may halt the procurement
process or preserve the supplier's rights in the process.
The Bill also provides for complaints to be made to the
accountable authority of a relevant Commonwealth entity about a contravention
of the relevant Rules, which must then be investigated.
Does this impact Victoria?
The bill does not affect state procurements. In
Victoria, an unsuccessful bidder has to bring proceedings (including an
injunction) against an agency under contract law, for breach of the contract
that may have been formed through the procurement process.
If you'd like any more information about government procurement, please contact:
Assistant Victorian Government Solicitor
9947 1404
Managing Principal Solicitor
9947 1403
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