दफा ४७
Application May Be Filed Before The Chief Of Public Entity
(1) A bidder or proponent may file an application before the chief of the concerned Public Entity for review against any error or decision made by the Public Entity stating the cause for the damages the bidder will suffer or is likely to suffer from the error or breach of the duty, imposed on the Public Entity in carrying out the procurement proceedings or making decision.
(2) The application to be filed pursuant to Sub-section (1) shall be limited with respect only to the proceedings prior to entry into force of the procurement contract.
(3) The application under Sub-section (1) shall have to be filed within the period specified, if any, in this Act for making application and, if not so specified, within seven days from the date of the bidder or proponent having
become aware of that the Public Entity has made an error or has dishonored the duty relating to the procurement proceedings.
(4) In the application under Sub-section (1), the applicant shall have to state clearly the commission or omission of an act by the Public Entity that led to such error or breach of duty and the provision of this Act or Regulations or
guidelines made thereunder that have been contravened by such decision.
(5) An application for review received after the expiry of the period under Sub-section (3) shall not be processed.
(6) If, from the inquiry made in respect of the application received pursuant to Sub-section (1), an error is found in the procurement proceedings or the Public Entity is found to have breached its duty or such decision is found to
be contrary to law, the chief of the Public Entity shall suspend the procurement proceedings and make a decision with reason in writing within five days of receipt of such application.
(7) The decision under Sub-section (6) shall also state how the procurement proceedings shall further proceed on.
(8) If the application under Sub-section (1) is in respect of the procurement proceedings of an amount below the prescribed one, no application can be submitted before the Review Committee for review against
the decision made by the chief of the Public Entity pursuant to Sub-section (6).
(2) The application to be filed pursuant to Sub-section (1) shall be limited with respect only to the proceedings prior to entry into force of the procurement contract.
(3) The application under Sub-section (1) shall have to be filed within the period specified, if any, in this Act for making application and, if not so specified, within seven days from the date of the bidder or proponent having
become aware of that the Public Entity has made an error or has dishonored the duty relating to the procurement proceedings.
(4) In the application under Sub-section (1), the applicant shall have to state clearly the commission or omission of an act by the Public Entity that led to such error or breach of duty and the provision of this Act or Regulations or
guidelines made thereunder that have been contravened by such decision.
(5) An application for review received after the expiry of the period under Sub-section (3) shall not be processed.
(6) If, from the inquiry made in respect of the application received pursuant to Sub-section (1), an error is found in the procurement proceedings or the Public Entity is found to have breached its duty or such decision is found to
be contrary to law, the chief of the Public Entity shall suspend the procurement proceedings and make a decision with reason in writing within five days of receipt of such application.
(7) The decision under Sub-section (6) shall also state how the procurement proceedings shall further proceed on.
(8) If the application under Sub-section (1) is in respect of the procurement proceedings of an amount below the prescribed one, no application can be submitted before the Review Committee for review against
the decision made by the chief of the Public Entity pursuant to Sub-section (6).