A public interest certificate (PIC) is a document issued by the Secretary of Defence (or their delegate) in accordance with section 22 of the Government Procurement (Judicial Review) Act 2018 (the JR Act).
A PIC will state that it is not in the public interest for a particular procurement process to be suspended while applications for injunctions are being considered, or complaints are being investigated, under the JR Act.
The following PICs have been issued by the Department of Defence:
|Procurement||Date Issued||Public Interest Certificate|
|Request for Tender (RFT AS-DSVS/AGSVA/8498)||21 July 2019||AGSVA Public Interest Certificate|
|Defence Maritime Support Services Program Request for Tender (MSD/RFT/7281/1)||22 July 2019||DMSSP Public Interest Certificate|
|Defence Fuel Transformation Program - Fuel Services Contract (DFTP-FSC) (FSB/DFS/2019/02-2))||26 November 2019||JLC Public Interest Certificate|
|Building works at HMAS Stirling and Henderson, Western Australia. (ATM AZ6124)||10 December 2019||E&IG Public Interest Certificate|
|National supply and distribution of ADF petroleum, oil and lubricant supplies. (FSB/SPPLY/2019/01)||19 December 2019||JLC Public Interest Certificate|
|ATM ID AZ6172 for Unexploded Ordnance Management and Advice; and ATM ID AZ6173 for Unexploded Ordnance Survey and Safeguarding||22 January 2020||E&IG Public Interest Certificate|
In addition to the table above, the issuance of a PIC will be notified to suppliers in the following manner:
Notification when using AusTender
Notification will depend on the stage of the Approach to Market (ATM) at which the PIC is issued.
If the PIC is issued before the request documentation is released, a copy of the PIC will be provided with the ATM documentation.
If the PIC is issued while the ATM is open, suppliers will be notified through an ATM addendum that a PIC has been issued. A copy of the PIC will be provided with the addendum.
If the PIC is issued after the ATM has closed, potential suppliers that submitted a response will be notified and issued with a copy of the PIC.
Details of the PIC that has been issued will also be published on the Defence website.
Notification when not using AusTender
Where an ATM is not required to be published on AusTender (for example, a limited tender) the suppliers will be advised in the same way as the initial ATM that a PIC has been issued, and suppliers will be provided with a copy of the PIC as soon as practicable after the PIC has been issued.