The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
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(e)<br />
members and the Chairperson on such terms and conditions as may be<br />
deemed appropriate;<br />
depending on the nature of the complaint, the Review Panel may request the<br />
CPTU to co-opt two (2) members on a case-by-case basis, out of the lists of<br />
specialists maintained by the CPTU.<br />
(3) <strong>The</strong> CPTU shall maintain the list of specialists and the list of Review Panels and they<br />
shall be made available to any interested Person.<br />
(4) In order to ensure smooth operation of the Review Panels, a provision for an<br />
incentive or honorarium, in the form as specified in Schedule II , for payment to each member of<br />
the Review Panel shall be made.<br />
(5) <strong>The</strong> CPTU shall issue a detailed work procedure governing the functioning of the<br />
Review Panel.<br />
(6) <strong>The</strong> CPTU shall under no circumstances be involved in the proceedings of a<br />
complaint or appeal but shall provide necessary logistic support to the Review Panel in the<br />
discharge of its responsibilities and functions.<br />
59. Authority to Suspend Issuance of Notification of Award until resolution of<br />
Appeal. |— (1) Upon receipt of an appeal with Registration Fee and Security Deposit as specified<br />
in Schedule II , , the CPTU shall select, within the period specified in Schedule II, a Review<br />
Panel on a rotational basis and shall pass that appeal for disposal to that Review Panel<br />
advising at the same time the Person and the Secretary of the concerned Ministry or Division of<br />
the action it has taken thereby preventing the Procuring Entity from proceeding to award the<br />
<strong>Procurement</strong> contract under review until a decision by the panel is issued.<br />
(2) When a complaint is being considered by the Procuring Entity or Review Panel<br />
Notification of Award shall not be issued until a final decision on the complaint or appeal has been<br />
made , but the Tender evaluation and approval process will continue. .<br />
(3) <strong>The</strong> suspension of Notification of Award (NOA), provided for by Sub-Rule (1), shall<br />
not apply if the Head of the Procuring Entity, having obtained the approval of the concerned<br />
Secretary or Minister, certifies that public interest considerations require the <strong>Procurement</strong> to<br />
proceed.<br />
(4) <strong>The</strong> basis of considering the inevitability of carrying out the <strong>Procurement</strong> in<br />
certification issued under Sub Rule (3) shall be specifically stated in recording the <strong>Procurement</strong><br />
proceedings and, shall be conclusive with respect to all levels of complaint except judicial review<br />
(5) If the Security Deposit and Registration Fee are not attached as per Sub-Rule (1),<br />
the CPTU shall inform the Person that the complaint cannot be placed before the Review Panel,<br />
with a copy to the Procuring Entity.<br />
(6) Promptly after appointment, the Chairperson of the Review Panel shall determine the<br />
working procedures to be followed in accordance with work procedure issued by the CPTU.<br />
60. Disposal of Appeal by Review Panels. |— (1) <strong>The</strong> Review Panel, upon receiving a<br />
complaint through the CPTU and having been properly provided with the Security Deposit and<br />
Registration Fee , shall advise the Procuring Entity to continue the suspension of the issuance of<br />
Notification of Award until such time as the decisions of the Review Panel have been announced.<br />
(2) <strong>The</strong> Review Panel shall within the period specified in Schedule II, issue a written<br />
decision to the Person with a copy to the Secretary of the concerned Ministry or Division, the<br />
CPTU and the Procuring Entity.<br />
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