The National Indigenous Australians Agency (NIAA) takes all complaints seriously and is committed to ensuring that it manages all complaints fairly, efficiently and with due consideration to our obligations under the Public Government, Performance and Accountability Act 2013 and the Commonwealth Procurement Rules (CPRs).
There are 2 types of procurement complaints that may be submitted:
- A complaint made under section 18 of the Government Procurement Judicial Review Act 2018 (a ‘GPJR Act complaint’).
- A complaint regarding something that the NIAA proposes to do, or has done, during a procurement process, that does not satisfy the requirements for a GPJR Act complaint (a general complaint).
Raising a complaint against the NIAA will not prejudice a supplier, or potential supplier’s participation in any future procurement process undertaken by the NIAA.
Please note, this guidance does not apply to disputes that arise between the NIAA and the successful contractor (if any) after contract execution. Any such disputes should be managed according to the terms and conditions of the relevant contract and the dispute resolution process contained in that contract.
This page covers information on raising a complaint against a procurement process undertaken by the NIAA. If you are seeking general information relating to the Commonwealth’s policy on procurement complaints, please visit the Department of Finance website.
GPJR Act complaints
Under the GPJR Act, a supplier (complainant) can make a written complaint to the accountable authority of the NIAA about contraventions of the relevant CPRs paragraphs relating to covered procurements by the Commonwealth entity, that affects the complainant’s interests.
A GPJR Act complaint can only be submitted for a covered procurement. The following procurements conducted by the NIAA are not considered covered procurements:
- Procurements valued below the relevant procurement thresholds (specified in paragraph 9.7 of the CPRs);
- Procurements from standing offers under panel arrangements;
- Procurements that are exempt from Division 2 in accordance with Appendix A of the CPRs; and
- Procurements where paragraph 2.6 of the CPRs has been applied.
- Procurements which are part of a class of procurements that has been determined by the Finance Minister to not be covered procurements for the purposes of the Act.
All other procurements are considered covered procurements.
The Act applies to alleged contraventions of all paragraphs in Division 2 of the CPRs, as well as those paragraphs in Division 1 of the CPRs that are declared to be relevant by paragraph 6.10 of the CPRs.
For further information on GPJR Act complaints, please see the GPJR Act and the Department of Finance website, including RMG 422: Handling complaints under the Government Procurement (Judicial Review) Act 2018.
General procurement complaints
A general procurement complaint is a procurement complaint that does not satisfy the requirements for a GPJR Act complaint.
A general complaint can be made about any aspect of the procurement process and can relate to any procurement activity.
How to lodge a complaint
If a supplier or potential supplier would like to submit a GPJR Act complaint or general procurement complaint about an NIAA procurement process, they should raise the complaint with the NIAA in writing to procurement@niaa.gov.au, immediately after becoming aware of an alleged breach of a relevant CPRs paragraph, or upon forming a grievance or objection to something that the NIAA has done or proposed to do.
To assist the NIAA with resolving complaints in a timely manner, the complaint should include the following information:
Contact details
- Business name*
- ABN*
- Address*
- Telephone number*
- Email address*
- Name and contact details (email address and phone numbers) of an individual who the NIAA can contact regarding the complaint*
Procurement details
- AusTender ID (ATM ID/CN ID/SON ID)*
- Estimated contract value
- Product or service being procured*
- United Nations Standard Products and Services Code (UNSPSC)
- Relevant times and dates (i.e. issuance of tender/tender closing/contract award)
Complaint
- Whether the complaint is intended to be a complaint under the GPJR Act*
- Provisions of the Commonwealth Procurement Rules that it is alleged have been breached (if this is a GPJR Act complaint) and how it is alleged that they have been breached.*
- Detailed statement of all relevant events and facts in support of the complaint, including how the complainant is affected and the alleged breach*
- Relevant dates and times*
Form of relief requested
- Details of the remedy being sought*
- Complaint costs and/or tender preparation costs, if applicable*
Attachments
- Any additional information which will assist with resolving the complaint, including any correspondence or other evidence
Please note, * denotes mandatory information for those procurement complaints which are made under the Government Procurement (Judicial Review) Act 2018 (Cth).
Complaints handling process
Upon receiving a procurement complaint, the NIAA will:
- Acknowledge the receipt of the complaint in writing within a reasonable timeframe. This will usually be within three (3) working days of receiving the written complaint.
- Determine whether the complaint is a GPJR Act complaint or a general complaint and advise the complainant of the determination. The NIAA may contact the complainant for additional information if required.
- Investigate the complaint within a reasonable timeframe. Procurement complaints take time to review and as such, it is not always possible to provide a timeframe for when the complaint will be resolved. The NIAA will endeavour to provide an outcome expeditiously and provide updates where appropriate as the process unfolds.
- Where required, request any further information or correspondence from the complainant. The NIAA will allow a reasonable timeframe to respond to any communications, noting that timeframes will depend on the urgency of the matter.
- At the end of the process, notify the complainant in writing of the outcome of the investigation and solutions where applicable.
- Upon closure of the complaint, consider lifting any suspension (if there is one in place) according to the requirements relevant to the GPJR Act Complaint or the General Procurement Complaint.
Please note, the investigation of a procurement complaint is unable to result in a
re-evaluation of any response to an approach to market or change any conclusion as to value for money in a particular procurement.
Suspension of Procurements
For complaints made under the GPJR Act, the relevant procurement process will be suspended unless a contract has already been awarded, a Public Interest Certificate is issued or already in place, or the complainant withdraws the complaint. The NIAA will advise affected suppliers that the procurement has been suspended.
The NIAA 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 a GPJR Act complaint is investigated. The NIAA will advise potential suppliers if a PIC has been issued for a particular procurement. For further information on the NIAA’s use of PICs, please visit the Public Interest Certificates page.
For general procurement complaints, the relevant procurement will not be suspended while the complaint is investigated. A general procurement complaint will be treated consistently with paragraph 6.9 of the CPRs.
Further steps
If the complainant is satisfied with the outcome, the NIAA will close the matter and consider it resolved.
If the complainant is not satisfied with the outcome of the investigation, they can:
- raise their concerns with the Australian Government Procurement Coordinator;
- contact the Commonwealth Ombudsman; or
- seek independent legal advice about their review rights.