16Compensation for a contravention of the relevant Commonwealth Procurement Rules

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 and Family Court of Australia (Division 2) 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.