The Public Procurement Rules 2008 - LGED

(e)
members and the Chairperson on such terms and conditions as may be
deemed appropriate;
depending on the nature of the complaint, the Review Panel may request the
CPTU to co-opt two (2) members on a case-by-case basis, out of the lists of
specialists maintained by the CPTU.
(3) The CPTU shall maintain the list of specialists and the list of Review Panels and they
shall be made available to any interested Person.
(4) In order to ensure smooth operation of the Review Panels, a provision for an
incentive or honorarium, in the form as specified in Schedule II , for payment to each member of
the Review Panel shall be made.
(5) The CPTU shall issue a detailed work procedure governing the functioning of the
Review Panel.
(6) The CPTU shall under no circumstances be involved in the proceedings of a
complaint or appeal but shall provide necessary logistic support to the Review Panel in the
discharge of its responsibilities and functions.
59. Authority to Suspend Issuance of Notification of Award until resolution of
Appeal. |— (1) Upon receipt of an appeal with Registration Fee and Security Deposit as specified
in Schedule II , , the CPTU shall select, within the period specified in Schedule II, a Review
Panel on a rotational basis and shall pass that appeal for disposal to that Review Panel
advising at the same time the Person and the Secretary of the concerned Ministry or Division of
the action it has taken thereby preventing the Procuring Entity from proceeding to award the
Procurement contract under review until a decision by the panel is issued.
(2) When a complaint is being considered by the Procuring Entity or Review Panel
Notification of Award shall not be issued until a final decision on the complaint or appeal has been
made , but the Tender evaluation and approval process will continue. .
(3) The suspension of Notification of Award (NOA), provided for by Sub-Rule (1), shall
not apply if the Head of the Procuring Entity, having obtained the approval of the concerned
Secretary or Minister, certifies that public interest considerations require the Procurement to
proceed.
(4) The basis of considering the inevitability of carrying out the Procurement in
certification issued under Sub Rule (3) shall be specifically stated in recording the Procurement
proceedings and, shall be conclusive with respect to all levels of complaint except judicial review
(5) If the Security Deposit and Registration Fee are not attached as per Sub-Rule (1),
the CPTU shall inform the Person that the complaint cannot be placed before the Review Panel,
with a copy to the Procuring Entity.
(6) Promptly after appointment, the Chairperson of the Review Panel shall determine the
working procedures to be followed in accordance with work procedure issued by the CPTU.
60. 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.
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