Procurement is the process of acquiring goods and services. It involves:
- identifying a need for goods or services
- sourcing them
- negotiating contracts
- receiving the goods or services
- maintaining proper records to ensure accountability.
In line with the Public Governance, Performance and Accountability Act 2013(Opens in a new tab/window) (Cth) (PGPA Act), we must ensure the proper use of public resources when procuring goods and services.
Under the PGPA Act, the Commonwealth Procurement Rules(Opens in a new tab/window) guide how we buy goods and services to get value for money.
We publish open tenders and any contracts awarded to suppliers on AusTender(Opens in a new tab/window). AusTender is the Australian Government's centralised procurement information system. It contains business opportunities, annual procurement plans and contracts awarded across all Australian Government agencies, including the NBA.
Reported contracts
We publish contracts on AusTender that are valued at $10,000 or more including GST.
We also publish information about our contracts for blood product supply:
Selling to the National Blood Authority
For some procurements, we must seek sellers from the Department of Finance whole of Australian Government arrangements(Opens in a new tab/window).
See more information on how to sell goods and services to government(Opens in a new tab/window).
Complaints
To make a complaint relating to procurement, please follow this process.
Procurement Complaints Management Procedure
Introduction
1. The National Blood Authority (NBA) is committed to conducting procurement in a manner that is in accordance with the Commonwealth Procurement Rules (CPRs).
2. The NBA has developed this Procurement Complaints Management Procedure to ensure that the concerns of any supplier whose interests are affected by the NBA’s conduct in relation to procurement are adequately addressed. NBA staff must follow this procedure whenever a supplier (including a potential supplier) makes a complaint about the conduct of an NBA procurement process.
3. Following the introduction of the Government Procurement (Judicial Review) Act 2018, the NBA is required to observe certain procedures in relation to complaints about covered procurements, which are procurements to which both Divisions 1 and 2 of the CPRs apply (i.e. procurements with an estimated value of $80,000 (including GST) or more excluding purchases from existing panels).
4. The procurement of blood plasma products or plasma fractionation services is exempt from the rules of Division 2 of the CPRs and therefore those categories of procurement are not covered procurements.
5. In this procedure, a reference to a supplier means a person, partnership or other group who supplies, or could supply, goods or services.
Procedure for covered procurements
6. Parties wishing to make a complaint (complainant) should initially raise a complaint in writing to the NBA Chief Executive.
By post:
Chief Executive
National Blood Authority
Locked Bag 8430
CANBERRA ACT 2601
Or by email to procurement@blood.gov.au.
7. The written complaint must include the following information:
(a) the name of the complainant and the procurement to which the complaint relates;
(b) a statement as to what part(s) of the CPRs the NBA may has breached, or may be proposing to breach, in conducting the procurement;
(c) copies of, or references to, evidence of information to support the complainant’s view; (d) a statement as to how the complainant’s interests have been affected by the NBA’s conduct; (e) a statement as to the complainant’s desired outcome.
8. Upon receipt of the written complaint, the NBA will:
(a) confirm that the complaint is in relation to a covered procurement (or otherwise deal with the complaint in accordance with the non-covered procurements procedure below);
(b) suspend the procurement process that is the subject of the complaint (unless a public interest certificate is in force in relation to the procurement – refer to Attachment A – Issuing Public Interest Certificates) and notify all potential suppliers in relation to the procurement process of the suspension; and
(c) appoint an investigator to investigate the conduct alleged in the complaint who will:
(i) within 5 working days of its receipt, acknowledge the complaint, notify the complainant if a public interest certificate is in place in relation to the procurement, and provide an indication of the time frame for a formal response to the complainant regarding the outcome;
(ii) liaise with the complainant to obtain further information or clarification as required; (iii) conduct an investigation and prepare a report;
(iv) following appropriate internal consultation, notify the complainant of the outcome of the investigation and provide them with a copy of the report.
9. A suspension of a procurement process will be lifted when the earliest of the following occurs:
(a) the complainant informs the NBA that it considers the complaint to be resolved;
(b) the complainant withdraws the complaint;
(c) the NBA Chief Executive issues a public interest certificate in relation to the procurement; or
(d) if court proceedings in relation to the conduct have been initiated, the court makes a finding that the NBA’s conduct was or was not in contravention of the CPRs.
10. The NBA will notify all potential suppliers of the continuation of the procurement following suspension and any revised details associated with the process (e.g. revised submission time frames).
11. If the complainant is not satisfied with the NBA’s handling of its complaint, the complainant may decide to apply for compensation or injunctive relief in the Federal Court or Federal Circuit Court pursuant to the Government Procurement (Judicial Review) Act 2018, or pursue an external option such as approaching the Commonwealth Ombudsman or Australian Government Procurement Coordinator.
12. A flowchart showing the procedure for dealing with complaints about covered procurements is provided at Attachment B.
Procedure for non-covered procurements
13. A complainant should initially raise a complaint in writing to the contact officer named in the request documentation setting out:
(a) their name and the procurement to which the complaint relates;
(b) a statement as to what the complainant considers was defective in the procurement process;
(c) copies of, or references to, evidence of information to support the complainant’s view; and
(d) a statement as to what the supplier wishes to achieve from the complaint process.
14. The NBA will acknowledge the complaint within 5 working days of its receipt, and will seek to address the complaint within 10 working days of receipt. The NBA officer may contact the complainant for further information or clarify the complainant’s concerns.
15. If the complainant is not satisfied with the NBA’s handling of its complaint, the complainant may write to the NBA Chief Executive for internal review of the complaint, or pursue an external option such as approaching the Commonwealth Ombudsman or Australian Government Procurement Coordinator.
For further information, please contact the NBA’s Procurement Officer by telephone at 02 6151 5070 or email procurement@blood.gov.au.
You can download a copy of this process.
Under some circumstances, you may be able to lodge a complaint under the Government Procurement (Judicial Review) Act 2018 (Cth). Find out more on the Department of Finance's Handling Procurement Complaints(Opens in a new tab/window).
Get in touch
Email: finance@blood.gov.au
Last updated: 27 Mar 2024