Formation of Review Panel
01/08/2017 12:00 AM
Complaints Handling Mechanism
Basically there are four (4) tiers in the complaints submission ladder as described in the Rule 57 of Public Procurement Rules 2008.
First, the tenderer submits the complaints to the concerned officer of the Procuring Entity (the Project Director (PD), Line Director (LD), Project Manager (PM), Procurement Officer, Officer assigned for Procurement who issued the Tender or Proposal Document). If the tenderer does not receive the response within 7 working days or is not satisfied with the response of the officer, then complaint can be submitted to the Head of Procuring Entity (HOPE). HOPE should respond in 3 working days. If the tenderer is not satisfied with the response from HOPE, the complaint can be submitted to the Secretary of Ministry. Secretary of Ministry should give response within 7 working days. If the tenderer is still not satisfied with the response then the tenderer may wish to consider pursuing the appeal through the Review Panel. Person may appeal to a Review Panel only if the Person has exhausted all his or her options of complaints to the administrative authority (i.e. Secretary) under the Rule 57 of PPR-2008. The Review Panel shall issue written decision within maximum 12 working days. [Please refer to Rules 56-60 for detailed procedures]
Disposal of Appeal by Review Panels
(1) The Review Panel, upon receiving a complaint through the CPTU and having been properly provided with the Security Deposit and Registration Fee, shall advise the Procuring Entity to continue the suspension of the issuance of Notification of Award until such time as the decisions of the Review Panel have been announced.
(2) The Review Panel shall within the period specified in Schedule II, issue a written decision to the Person with a copy to the Secretary of the concerned Ministry or Division, the CPTU and the Procuring Entity.
(3) Unless it dismisses the complaint as being frivolous and as applicable, in the case of forfeiture of the Security Deposit of the Person, in the disposal of appeal the Review Panel may take, either any or in combination thereof of the following decisions, as deemed appropriate -
(a) Reject the appeal, stating its reasons and suggest that a Procuring Entity continue with Procurement proceedings; or
(b) State the Rules or principles that govern the subject matter of the appeal and advise the parties to act accordingly for its disposal; or
(c) Recommend remedial measures if the Procuring Entity has taken action contrary to its obligations under the Rules; or
(d) Suggest annulment in whole or in part of a non-compliant action or decision of a Procuring Entity, other than any action or decision bringing the Procurement contract into force; or
(e) Suggest the payment of compensation by a Procuring Entity for costs incurred by the Person, such as, cost of preparation of Tender Document and expenses associated with legal fees and other expenses incurred in lodging his or her complaint, including the return of the Security Deposit paid under Rule 57 (12) (c), if a Procuring Entity is in breach of its obligations under these Rules; or
(f) Recommend that the Procurement proceedings be completed.
(4) Decisions of the Review Panel shall be taken on the basis of majority opinion.
(5) The decision of the Review Panel shall be final and all concerned parties will act upon such decision.
(6) After the decision has been issued by the Review Panel, the complaint raised in the appeal and the decision shall be promptly made available for inspection to the general public, provided that no information shall be disclosed if its disclosure-
(a) Would be contrary to laws of Bangladesh;
(b) Would impede law enforcement;
(c) Would not be in the public interest;
(d) Would prejudice legitimate commercial interests of the parties; or
(e) Would inhibit fair competition.
(7) Any decision by a Procuring Entity or by the Review Panel under this Rule and the grounds and circumstances thereof shall be made part of the record of the Procurement proceedings.