Commonwealth Consolidated Acts Commonwealth Consolidated ActsIf:
(a) a relevant Commonwealth entity ; or
(b) a n 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 contrav ention 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.