The Department of the Prime Minister and Cabinet (PM&C) must comply with the Commonwealth Procurement Rules (CPRs) when procuring goods and services.

The Government introduced the Government Procurement (Judicial Review) Act 2018 (GPJR Act) to provide suppliers and/or potential suppliers with a mechanism for lodging a formal complaint if they believe:

  • a department has or will breach relevant CPRs relating to a covered procurement, and
  • this will affect their interests.

A more detailed explanation of the GPJR Act is provided in the Department of Finance resource guide Handling Complaints under the Government Procurement (Judicial Review) Act 2018 (RMG 422).

If your complaint is not related to procurement, please visit Complaints.

Read our Government Procurement (Judicial Review) Complaint Handling Policy.

Covered procurements

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.

What we need from you

If you believe that PM&C has or will breach the CPRs in relation to a covered procurement and this will affect your interests, submit your complaint using the online form. Please complete all the mandatory fields to allow us to address your complaint promptly. This includes:

  • providing your name, the business you represent and your contact details
  • identifying which PM&C procurement activity you are complaining about
  • clearly referencing the relevant paragraph(s) of the CPRs you believe have or will be breached
  • explaining how your interests will be affected by the alleged contravention(s).

How the department will respond

The Department 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 GPJR 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 Department 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 Department 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 Department’s request.
  • provide a written report informing you of the outcome of the investigation.

Procurement complaint form

Note: Only PM&C procurement-related complaints submitted will be acknowledged and responded to.