14Compensation for contravention

14 Compensation for contravention

(1)  If a relevant government agency has contravened, is contravening, or is proposing to contravene, in relation to a covered procurement, an enforceable procurement provision, the Supreme Court may, on the application of a supplier whose interests are affected by the contravention or proposed contravention, make an order –

(a) if the relevant government agency is not a corporation sole or a body corporate – against the State; or

(b) if the relevant government agency is a corporation sole or body corporate –against the relevant government agency –

to pay to the supplier, by way of compensation, the relevant amount in respect of the contravention, or proposed contravention, in relation to a covered procurement.

(2)  For the purposes of subsection (1) , the relevant amount in respect of a contravention or proposed contravention, in relation to a covered procurement, is an amount that is not more than the sum of –

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

(b) reasonable expenditure incurred by the supplier in connection with making a complaint under section 7 about the contravention or proposed contravention; and

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