(1) A
challenge under section 43 of the Act shall be made in the form
set out in the Second Schedule.
(2) For
the purposes of section 43(3)(b), a
challenge shall not be entertained unless it is submitted within 5 days from
the invitation to bid or from the opening of bids.
(3) Where
the challenge concerns any aspect of the procurement process prior to the award
of the contract, the Chief Executive Officer of the public body concerned shall
in the case of a major contract, obtain all relevant information from the
Board.
(4) Unless
the challenge is resolved by mutual agreement, the Chief Executive Officer of
the public body shall issue a written decision stating his reasons within 7 days of the filing of the application.
(5) Where
the Chief Executive Officer of the public body fails to issue a decision within
7 days or if the bidder is not satisfied with
his decision, the bidder may submit an application for review to the Review
Panel, provided that the application is filed within 7
days of receipt of the decision of the public body or the time when that
decision should have been received.
(6) For
the purposes of section 45(1) (c) of the Act the threshold
shall be 1million rupees.
(7) An
application for review under section 45(1)(c)
of the Act, from an unsatisfied bidder after the entry into force of a
procurement contract the value of which is above the prescribed threshold, as
specified in paragraph (6), stating that he is not satisfied with the
procurement proceedings on a ground specified in section 43(1),
shall be made within 5 days of the date the applicant becomes aware of alleged
breach.