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legal hub
MORE SCRUTINY OF PROCUREMENT DECISIONS – ARE YOU READY?
BY DAVID SMITH, SPECIAL ADVISOR
The Government Procurement (Judicial Review) Act 2018 will be in force by 20 April 2019.
WHAT DOES IT MEAN?
WHO IS A SUPPLIER?
A supplier will be able to take action under the Act for past, current or proposed contraventions of certain CPRs that happen after commencement, for a covered procurement. This even applies where the procurement started before commencement.
Suppliers can be organisations who could supply goods and services, even if they currently don’t. It’s not just unsuccessful bidders. It could be sub-contractors or potential consortium members. Look beyond the usual suspects to industry associations, peak bodies, educational and research institutions and more. Think about who could be interested in the business opportunity?
Any contravention of Division 2 of the CPRs will be vulnerable, along with contraventions of key Division 1 rules (which are yet to be prescribed). It’s not just open tenders. Contract extensions and variations could also be procurements subject to the Act.
YOUR CONTRACTS ARE SAFE A procurement contract can’t be overturned under the Act.
THE PULSE ISSUE TWO
COMPLAINTS A supplier can complain in writing to the agency head about a contravention of the relevant CPR rules. The agency head must investigate and prepare a written report. These responsibilities can be delegated.
