Enter your search here

ARTICLES

LEGAL RESOURSES

Exchange rate:

$ 18.19

    • Article 1017: Bid Challenge

    1. In order to promote fair, open and impartial procurement procedures, each Party shall adopt and maintain bid challenge procedures for procurement covered by this Chapter in accordance with the following:

  • Each Party shall allow suppliers to submit bid challenges concerning any aspect of the procurement process, which for the purposes of this Article begins after an entity has decided on its procurement requirement and continues through the contract award;

    •  

  • A Party may encourage a supplier to seek a resolution of any complaint with the entity concerned prior to initiating a bid challenge;

    •  

  • Each Party shall ensure that its entities accord fair and timely consideration to any complaint regarding procurement covered by this Chapter;

    •  

  • Whether or not a supplier has attempted to resolve its complaint with the entity, or following an unsuccessful attempt at such a resolution, no Party may prevent the supplier from initiating a bid challenge or seeking any other relief;

    •  

  • A Party may require a supplier to notify the entity on initiation of a bid challenge;

    •  

  • A Party may limit the period within which a supplier may initiate a bid challenge, but in no case shall the period be less than 10 working days from the time when the basis of the complaint became known or reasonably should have become known to the supplier;

    •  

  • Each Party shall establish or designate a reviewing authority with no substantial interest in the outcome of procurements to receive bid challenges and make findings and recommendations concerning them;

    •  

  • On receipt of a bid challenge, the reviewing authority shall expeditiously investigate the challenge;

    •  

  • A Party may require its reviewing authority to limit its considerations to the challenge itself;

    •  

  • In investigating the challenge, the reviewing authority may delay the awarding of the proposed contract pending resolution of the challenge, except in cases of urgency or where the delay would be contrary to the public interest;

    •  

  • The reviewing authority shall issue a recommendation to resolve the challenge, which may include directing the entity to re-evaluate offers, terminate or re-compete the contract in question;

    •  

  • Entities normally shall follow the recommendations of the reviewing authority;

    •  

  • Each Party should authorize its reviewing authority, following the conclusion of a bid challenge procedure, to make additional recommendations in writing to an entity respecting any facet of the entity's procurement process that is identified as problematic during the investigation of the challenge, including recommendations for changes in the procurement procedures of the entity to bring them into conformity with this Chapter;

    •  

  • The reviewing authority shall provide its findings and recommendations respecting bid challenges in writing and in a timely manner, and shall make them available to the Parties and interested persons;

    •  

  • Each Party shall specify in writing and shall make generally available all its bid challenge procedures; and

    •  

  • Each Party shall ensure that each of its entities maintains complete documentation regarding each of its procurements, including a written record of all communications substantially affecting each procurement, for at least three years from the date the contract was awarded, to allow verification that the procurement process was carried out in accordance with this Chapter.

    • 2. A Party may require that a bid challenge be initiated only after the notice of procurement has been published or, where a notice is not published, after tender documentation has been made available. Where a Party imposes such a requirement, the 10-working day period described in paragraph 1(f) shall begin no earlier than the date that the notice is published or the tender documentation is made available.