176CSuspension of procurement

#### 176C Suspension of procurement 176C Suspension of procurement > > (1) A government agency head to whom a complaint is made under this Division must suspend all processes involved in the procurement that the government agency head considers would adversely affect the complainant’s participation in the procurement if the processes were continued. > > > (2) However, subsection (1) does not apply if— > > > > > (a) a public interest certificate has already been issued in respect of the procurement, or > > > > > (b) a contract for the procurement has already been entered into. > > > (3) The government agency head must ensure that suspended processes remain suspended until the time when the earliest of the following occurs— > > > > > (a) the complainant withdraws the complaint, > > > > > (b) the complainant informs the government agency head that the complainant considers the complaint to be resolved, > > > > > (c) a public interest certificate is issued in respect of the procurement after the complaint is made, > > > > > (d) proceedings are commenced in the Supreme Court under Division 6 in relation to the conduct that is the subject of the complaint. > > > > Note. > > > > The Supreme Court may grant an interim injunction under section 176D to prevent the continuation of conduct that may be a contravention of an enforceable procurement provision pending a final determination on the issue. > > > (4) When a complaint relates to a refusal or failure to include a supplier on a procurement list or procurement panel— > > > > > (a) if the process for compiling the list or establishing the panel has not yet ended—the suspension of processes involved in the procurement must include the process of compiling the list or establishing the panel, and > > > > > (b) if the process for compiling the list or establishing the panel has ended—the suspension of processes involved in the procurement does not prevent the use of other suppliers on the list or panel for procurements. > > > (5) For procurement lists that have already been compiled and to which new suppliers may be added, subsection (4) does not prevent— > > > > > (a) the addition of new suppliers to the list, or > > > > > (b) the use of suppliers who are already included on the list. > > **pt 11, Division 5 (ss 176A–176C):** Ins 2018 No 72, Sch 1\[6\].