Procurement-related complaints

The National Museum of Australia (the Museum) must comply with the Commonwealth Procurement Rules (CPRs) when procuring goods and services.

The Government Procurement (Judicial Review) Act 2018 (GPJR Act) provides suppliers and/or potential suppliers with a mechanism to lodge a formal complaint if they believe:

• the Museum has or will breach relevant CPRs relating to a 'covered procurement'; and
• this will affect the supplier’s interests.

For further detail and explanation on the GPJR Act and its implications, please visit the Department of Finance’s resource guide Handling Complaints under the Government Procurement (Judicial Review) Act 2018 (RMG 422).

A complaint under the GPJR Act will be handled in accordance with the Museum’s Complaints handling procedures.

Covered procurement under the GPJR Act

A 'covered procurement' under the GPJR Act 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:
  • $400,000 (incl. GST) for procurements other than construction services
  • $7.5 million (incl. GST) for procurements of construction services

How to lodge a complaint

If you believe the Museum has or will breach the CPRs in relation to a 'covered procurement' and this will affect your interests, you can make a complaint by email addressed to Manager Legal Services or Chief Finance Officer at complaintscoordinator@nma.gov.au.

Please provide the following information to allow the Museum to address your complaint promptly:

• your name, the business you represent, and your contact details
• which procurement activity you are complaining about
• clear reference to the relevant paragraph(s) of the CPRs you believe have been breached
• an explanation of how your interests have been affected by the alleged contravention
• any other information, documentation, or evidence in relation to your complaint

How your complaint will be handled by the Museum

A complaint under the GPJR Act will be handled in accordance with the Museum’s Complaints handling procedures.

When the Museum receives a complaint, the Museum will:

• promptly acknowledge the complaint after receiving it
• assess whether it meets the criteria under the GPJR Act
• if appropriate, suspend the procurement (unless a Public Interest Certificate is issued)
• investigate the complaint and work with the supplier and/or potential supplier to resolve the issue
• provide the supplier and/or potential supplier with the outcomes of the investigation

Public Interest Certificates

The Museum may issue a Public Interest Certificate (PIC) in circumstances where the Museum considers it is not in the public interest for a procurement process to be suspended. Where the Museum issues a PIC, this will be published on the Museum’s website.

For more information about PICs, please see the Department of Finance’s resource guide Handling Complaints under the Government Procurement (Judicial Review) Act 2018 (RMG 422).