Complaint and Appeal

An aggrieved tenderer can lodge complaint and appeal following Rules-56 and 57 of the Public Procurement Rules (PPR) 2008 at two levels. The administrative level is for complaint and the Review Panel level is for appeal. The administrative level has three stages.

1.  Administrative Level: At this level, tenderer first submits a complaint in writing within 7 calendar days of the awareness of the circumstances to the concerned procuring entity, PE (project director-PD, project manager, PM/project officer, PO/ authorized officer-AO/ line director-LD), issuing tender document (TD)/request for proposal (RFP) document.

The PE has 5 working days to consider the complaint and state the reasons for its rejection or take any corrective action. If not satisfied, the Complainant addresses the same complaint to head of the procuring entity (HOPE) within subsequent 3 working days after the elapse of 5 working days from the date of the lodging of the complaint to PE.

If the HOPE is the chairperson/member of the technical evaluation committee (TEC)/ proposal evaluation committee (PEC), the HOPE must forward the complaint to the concerned Secretary within 3 working days; keeping the complainant informed

If it is under the purview of HOPE, he/she shall will issue a decision to the complainant within 5 working days: stating the reasons for rejection; or indicating any corrective measures. If not satisfied, the complainant addresses the same complaint to the Secretary of the Ministry or Division or Department within subsequent 7 working days after the elapse of 5 working days from the date of lodging of the complaint to the HOPE.

The Secretary takes decision within 5 working days as to rejection of the complaint stating reasons; or indicating corrective measures taken informing the complainant and keeping PE and BPPA posted.

2.  Review Panel Level

An aggrieved tenderer can lodge appeal to Review Panel only when a he/she has exhausted all his or her options of complaints at the Administrative Level

If the Complainant is not satisfied with the decision of the Secretary, he or she may appeal for the complaint to the Review Panel within 7 working days of the receipt of such decision from the Secretary.

The Review Panel shall issue written decision within maximum 12 working days. [Please refer to Rules 56-60 for detailed procedures]

Disposal of Appeal by Review Panels:

(1) The Review Panel, upon receiving a complaint through the BPPA 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 BPPA and the Procuring Entity.

(3) Unless it dismisses the complaint as being frivolous and as applicable, in the case of forfeiture of the Security Deposit of the Person, in the disposal of appeal the Review Panel may take, either any or in combination thereof of the following decisions, as deemed appropriate -

1. Reject the appeal, stating its reasons and suggest that a Procuring Entity continue with Procurement proceedings; or

(b) State the Rules or principles that govern the subject matter of the appeal and advise the parties to act accordingly for its disposal; or

(c) Recommend remedial measures if the Procuring Entity has taken action contrary to its obligations under the Rules; or

4. Suggest annulment in whole or in part of a non-compliant action or decision of a Procuring Entity, other than any action or decision bringing the Procurement contract into force; or

(e) Suggest the payment of compensation by a Procuring Entity for costs incurred by the Person, such as, cost of preparation of Tender Document and expenses associated with legal fees and other expenses incurred in lodging his or her complaint, including the return of the Security Deposit paid under Rule 57 (12) (c), if a Procuring Entity is in breach of its obligations under these Rules; or

(f) Recommend that the Procurement proceedings be completed.

(4) Decisions of the Review Panel shall be taken on the basis of majority opinion.

(5) The decision of the Review Panel shall be final, and all concerned parties will act upon such decision.

(6) After the decision has been issued by the Review Panel, the complaint raised in the appeal and the decision shall be promptly made available for inspection to the general public, provided that no information shall be disclosed if its disclosure-

(a)Would be contrary to laws of Bangladesh;

• (b) Would impede law enforcement;

(c) Would not be in the public interest;

(d) Would prejudice legitimate commercial interests of the parties; or

(e) Would inhibit fair competition.

7. Any decision by a Procuring Entity or by the Review Panel under this Rule and the grounds and circumstances thereof shall be made part of the record of the Procurement proceedings.