Section 50: Method of Review

1) A bidder or consultant filing an application for review under Section 48 before the Review Committee shall have to file an application in the case of clause (a) of Section 49 within seven days and in the case of clause (b) of the same Section within a period of thirty days from the date of conclusion of such contract.

2) Within three days of receipt of the application pursuant to sub-section (1), the Review Committee shall notify, by transmitting a copy of such application and document attached to such application, if any, to the Public Entity concerned to provide the information about the action taken in that respect and comments thereon.

3) Within three days of the receipt of notice pursuant to sub-section (2), the Public Entity shall provide to the Review Committee with information and comments related thereto.

4) The Review Committee shall have to make decision within thirty days of receipt of the application pursuant to sub-section (1) on the basis of the information and comments received in accordance with sub-section (3), the evidence submitted by the applicant along with the application and, if necessary, by hearing both the parties.

5) In making a decision pursuant to sub-section (4), the Review Committee may decide as follows:

(a) Dismissing the application,

(b) In the cases where the procurement contract has not been concluded:

(1) Giving an order to the Public Entity not to commit or make an unauthorised act or decision, or to pursue an incorrect procedure,

(2) Annulling the whole or part of an unauthorised act or decision made by the Public Entity,

(3) If bids or proposals need to be re-evaluated due to the occurrence of an error in their evaluation, issue an order for re-evaluation, citing such error as well, if any, in the evaluation.

(c) Where a procurement contract has already been concluded, if the Review Committee considers that such a contract should have been awarded to the applicant, it recommends that the Public Entity pay a reasonable amount (quantum merit) to the applicant, having regard to the grievances suffered by the applicant.

6) An applicant filing an application for review pursuant to this Section shall have to deposit security as prescribed.

7) In cases where an application is dismissed pursuant to clause (a) of sub-section (5), such security shall be forfeited.