Right to Review

Any contractor that claims to have suffered, or that may suffer, loss or injury due to a breach under this Handbook by the procuring entity may seek review. Not withstanding the foregoing, the following shall not be subject to review:

• the selection of a method of procurement; or
• a decision by the procuring entity under Section 2.8 of the GPP Handbook to reject all tenders, proposals, or offers, prior to acceptance.

Review by Procuring Entity

On receipt of a complaint, the head of the procuring entity shall ensure that the complaint is copied to the Sector or Procurement Committee, as applicable, with responsibility for approval of the award recommendation and shall deal with the complaint in accordance with the procedures set out below.

The complaint shall be received by the procuring entity within twenty (20) days of the date the complainants became aware or the date upon which the complainants should have become aware, whichever is earliest, that the circumstances giving rise to the complaint had occurred.

Unless the procuring entity and the complainant have reached agreement on the resolution of the complaint the head of the procuring entity shall, within fourteen (14) days of receipt of the complaint, issue a written decision to the complainant stating the reasons for the decision and indicating that any appeal of said decision shall be lodged with the NCC within fourteen days of the contractor’s receipt of the procuring entity’s decision. Appeals shall be addressed to the NCC and copied to the head of the procuring entity. The decision of the procuring entity shall be final unless an appeal has been lodged within the fourteen-day period.

A copy of complaints and resolution decisions shall be maintained in the record of the procurement.

Administrative Appeal

A contractor may seek appeal of a decision made by the Head of the Procuring Entity. The contractor’s appeal shall be directed to and received, in writing, by the NCC within fourteen (14) days of the contractor’s receipt of the procuring entity’s decision. The appeal shall contain the complaint addressed to the procuring entity, the procuring entity’s decision and the rationale upon which the contractor has relied in determining the validity of the decision to appeal. The NCC shall, within fourteen (14) days of receipt of the appeal request, recommend appropriate resolution a copy of which shall be communicated to the head of the procuring entity, the contractor and any other person deemed appropriate. Should the procuring entity fail to comply with the recommendation of the NCC, the contractor may institute proceedings under Section 2.12.4. of the GPP Handbook. The NCC shall adopt any additional procedures in investigating and recommending resolution in respect of appeals, as far as it considers fair and reasonable in the circumstances.

A copy of appeals and resolution recommendations shall be maintained in the record of the procurement.

Judicial Review

The Courts have jurisdiction over actions pursuant to Section 2.12.4 of the GPP Handbook and petitions for judicial review of decisions made by review bodies, or of the failure of those bodies to make a decision within the prescribed time limits.