The Public Procurement Rules 2008 - LGED

(iii)
failure to evaluate the Proposals in accordance with the evaluation criteria
set out in the RFP;
(iv) attempt by the Procuring Entity to force an Applicant to revise fee rates
during the negotiation of the Contract where price is a factor in the
evaluation;
(v) possible corrupt or collusive practices; and
(vi) perceived unfair and not impartial award of Contract .
57. Submission of Complaints to the Administrative Authority, Disposal of Appeal,
Etc. |— (1) A Person shall submit his or her complaint in writing within the period specified in
Schedule II .
(2) In the first instance, the Person shall submit his or her complaint in writing to the
concerned officer of the Procuring Entity (such as, the Project Director (PD), Line Director (LD),
Project Manager (PM), Procurement Officer, Officer assigned for Procurement who issued the
Tender or Proposal Document.
(3) The officer concerned, specified in Sub-Rule (2), shall consider the subject matter of
the complaint and decide whether to reject the complaint or to take any corrective action.
(4) The officer concerned shall, within the period specified in Schedule II , issue a written
decision to the Person, stating either the reasons for the rejection of the complaint or advising
what corrective actions have been or will be taken, such as, issue of an addendum amending
unacceptable provisions in the Tender or Proposal Documents.
(5) If the Person is not satisfied with the written decision, taken under Sub-Rule (4), and
wishes to pursue his or her complaint, he may address the same complaint to the Head of the
Procuring Entity within the period specified in Schedule II .
(6) The Person shall submit the complaint, under Sub-Rule (5), in writing to the Head of
the Procuring Entity who shall -
(a) if he or she is a member or Chairperson of the Evaluation Committee then he or
she shall forward it to the Secretary of the concerned Ministry or Division within
the period specified in Schedule II , advising the Person that he or she has so
forwarded the complaint; or
(b) if he or she is in a position to accept the complaint then he or she shall decide
whether to reject the complaint, or to implement any corrective actions and shall,
within the period specified in Schedule II , issue a written decision to the Person
stating either the reasons for the rejection of the complaint or informing of the
corrective action that has been taken.
(7) If the Person is not satisfied with the decision of the Head of the Procuring Entity, he
shall submit a complaint to the Secretary of the concerned Ministry or Division within the period
specified in Schedule II .
(8) the Secretary of the concerned Ministry or Division shall, within the period specified in
Schedule II , consider the subject matter of a complaint under Sub-Rules (6) or (7) and decide
whether to reject the complaint or to make any corrective actions and shall issue a written
decision to the Person stating either the reasons for the rejection of the complaint or advising on
the corrective action that has been taken, copying the decision to the Procuring Entity and the
CPTU.
(9) if the Person fails to receive a written decision within the time period stated at each
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