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Part 3—Compensation

Part 3 Compensation

   

15   Simplified outline of this Part

•      The Federal Court or the Federal Circuit Court may order the payment of compensation for a contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement).

16   Compensation for a contravention of the relevant Commonwealth Procurement Rules

                   If:

                     (a)  a relevant Commonwealth entity; or

                     (b)  an official of a relevant Commonwealth entity;

has contravened, is contravening, or is proposing to contravene, the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement), the Federal Court or the Federal Circuit Court may, on the application of a supplier whose interests are affected by the contravention or proposed contravention, make whichever of the following orders is applicable:

                     (c)  if the relevant Commonwealth entity is a non-corporate Commonwealth entity—an order directing the Commonwealth to pay to the supplier, by way of compensation, an amount not exceeding the sum of:

                              (i)  reasonable expenditure incurred by the supplier in preparing a tender for the procurement; and

                             (ii)  reasonable expenditure incurred by the supplier in connection with making a complaint under section 18 to the accountable authority of the relevant Commonwealth entity about the contravention or proposed contravention; and

                            (iii)  reasonable expenditure incurred by the supplier in connection with making a reasonable attempt to resolve such a complaint;

                     (d)  if the relevant Commonwealth entity is a corporate Commonwealth entity—an order directing the corporate Commonwealth entity to pay to the supplier, by way of compensation, an amount not exceeding the sum of:

                              (i)  reasonable expenditure incurred by the supplier in preparing a tender for the procurement; and

                             (ii)  reasonable expenditure incurred by the supplier in connection with making a complaint under section 18 to the accountable authority of the relevant Commonwealth entity about the contravention or proposed contravention; and

                            (iii)  reasonable expenditure incurred by the supplier in connection with making a reasonable attempt to resolve such a complaint.