Common use of Appeals Clause in Contracts

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by GoR Second Appellate Authority: Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Principal Secretary, Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Rate Contract for Selection of Logistic Partner for e-Bazaar Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Finance Secretary (Budget), Finance Department, GoRGoR.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 <10> days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Joint Secretary, IT&C, GoR Second Appellate Authority: Finance DepartmentCommissioner & Special Secretary, IT&C, GoR f) Form of Appeal: a. Every appeal under (a) and (c) above shall be as per Annexure-16 along with as many copies as there are respondents in the appeal. b. Every appeal shall be accompanied by an order appealed against, if any, affidavit verifying the facts stated in the appeal and proof of payment of fee. c. Every appeal may be presented to First Appellate Authority or Second Appellate Authority, as the case may be, in person or through registered post or authorised representative. g) Fee for Appeal: Fee for filing appeal: a. Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall be rupees ten thousand, which shall be non-refundable. b. The fee shall be paid in the form of bank demand draft or banker’s cheque of a Scheduled Bank payable in the name of Appellate Authority concerned. h) Procedure for disposal of appeal: a. The First Appellate Authority or Second Appellate Authority, as the case may be, upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and documents, if any, to the respondents and fix date of hearing. b. On the date fixed for hearing, the First Appellate Authority or Second Appellate Authority, as the case may be, shall,- i. hear all the parties to appeal present before him; and ii. peruse or inspect documents, relevant records or copies thereof relating to the matter. c. After hearing the parties, perusal or inspection of documents and relevant records or copies thereof relating to the matter, the Appellate Authority concerned shall pass an order in writing and provide the copy of order to the parties to appeal free of cost. d. The order passed under (c) shall also be placed on the State Public Procurement Portal. i) No information which would impair the protection of essential security interests of India, or impede the enforcement of law or fair competition, or prejudice the legitimate commercial interests of the bidder or the procuring entity, shall be disclosed in a proceeding under an appeal.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section subsection within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) I above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be be: First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 <10> days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appeals. a(i) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. 1) Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. 2) Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b(ii) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c(iii) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d(iv) The officer or authority to which an appeal is filed under (c) I above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e(v) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary/ Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be.. Final RFP-Rate Contract for Selection of Logistic Partner for e-Bazaar d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Finance Department, GoRGoR.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by PrincipalSecretary, IT&C, GoR Rate contract for Printing and Delivery of PVC Cards and other documents (Before Pre-Bid) Second Appellate Authority: Secretary finance (Budget), Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable.. Rate contract for Printing and Delivery of PVC Cards and other documents (After Pre-Bid) b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by PrincipalSecretary, IT&C, GoR Second Appellate Authority: Secretary finance (Budget), Finance Department, GoR

Appeals. a) A Subject Actuary against whom a decision of private reprimand, public reprimand, suspension, or expulsion has been rendered shall be entitled to “Appeal appeal such a decision on the grounds of a material procedural error by the Disciplinary Panel, or the existence of new evidence that was not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of reasonably available during the procuring entity is in contravention Disciplinary Panel proceedings. Appeals shall be subject to the provisions following: A. The notice of appeal shall be in writing, and shall state the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it specific grounds for the purpose, within a period of 10 days appeal. B. The Council shall select an Appeal Panel from the date of such decision or action, omission, Pool meeting the same selection criteria as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration those set forth in Section 3 for Disciplinary Panels. No member of a bidder as successful in terms of “Award of Contract”, Disciplinary Panel may serve on the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates Appeal Panel considering the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptablesame matter. bC. All rights and privileges of membership in the Subject Actuary’s Party organization(s) The officer to whom an appeal is filed under (a) above shall deal with be retained during the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing pendency of the appeal. cD. The Subject Actuary may appear personally and with counsel (at the Subject Actuary’s expense) If the officer designated under (a) above fails to dispose before a hearing of the appeal filed under Appeal Panel to explain the Subject Actuary’s position concerning the Disciplinary Panel’s determination and the basis for appeal. The role of the Subject Actuary’s counsel shall be limited to advising the Subject Actuary and articulating appropriate legal objections; the role of the Appeal Panel’s counsel shall be similarly limited. A hearing need not be held if both the Subject Actuary and the Appeal Panel agree that sub-section within it not be held. E. The scope of the period specified Appeal Panel’s review shall be limited to determining whether there was a material procedural error in (c) abovethe Disciplinary Panel proceedings, or if whether new evidence exists that was not reasonably available during the bidder Disciplinary Panel proceedings. The decision of the Disciplinary Panel may be affirmed, or prospective bidder or remanded to the procuring entity Disciplinary Panel with instructions for further proceedings. In the case of a remand, the matter shall be remanded to the Disciplinary Panel that previously considered the matter, unless the matter is aggrieved remanded due to a procedural defect in the composition of the original Disciplinary Panel, in which case the matter shall be remanded to a new Disciplinary Panel convened by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry Council. An action of the period specified Appeal Panel requires a simple majority vote of the entire membership of the Appeal Panel. F. The decision of the Appeal Panel to affirm a Disciplinary Panel decision shall be effective on the date the appeal is decided. However, in (cthe event the Appeal Panel decision affirms a suspension of greater than two years or an expulsion, such decision shall be referred to the Party organization(s) above of which the Subject Actuary is a member for a final disciplinary decision. The organization may affirm the decision, or reduce the discipline to no less than a suspension of two years. Such action shall be effective on the date of receipt of the order passed under (b) above, as the case may beorganization’s decision. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by GoR Second Appellate Authority: Finance Department, GoR

Appeals. aThe interim rule provides certain appeal options for applicants that were not awarded funding. Under section 422(g) Subject to “Appeal not to lie in certain cases” belowof the XxXxxxxx-Xxxxx Act, if any bidder or prospective bidder is aggrieved more than one collaborative applicant submits an application covering the same geographic area, HUD must award funds to the application that scores the highest score based on the selection criteria set forth in section 427 of the Act. Consistent with HUD‘s use of the term Continuum of Care in the interim rule where the statute uses collaborative applicant, as explained earlier in the preamble, the interim rule stipulates that if more than one Continuum of Care claims the same geographic area, then HUD will award funds to the Continuum applicant(s) whose application(s) has the highest total score and that no projects from the lower scoring Continuum of Care will be funded (and that any decisionprojects submitted with both applications will not be funded). To appeal HUD‘s decision to fund the competing Continuum of Care, action or omission the applicant(s) from the lower-scoring Continuum of Care must file the procuring entity is written appeal in contravention to the provisions such form and manner as HUD may require within 45 days of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of HUD‘s announcement of award. If an applicant has had a certification of consistency with a consolidated plan withheld, that applicant may appeal such a decision or action, omission, as to HUD. HUD has established a procedure to process the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that appeals and no later than 45 days after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of an appeal, HUD will make a decision. Section 422(h) of the order passed XxXxxxxx-Xxxxx Act provides the authority for a solo applicant to submit an application to HUD and be awarded a grant by HUD if it meets the criteria under (b) abovesection 427 of the XxXxxxxx-Xxxxx Act. The interim rule clarifies that a solo applicant must submit its application to HUD by the deadline established in the NOFA to be considered for funding. The statute also requires that HUD establish an appeal process for organizations that attempted to participate in the Continuum of Care‘s process and believe they were denied the right to reasonable participation, as reviewed in the case context of the local Continuum‘s process. An organization may be. dsubmit a solo application to HUD and appeal the Continuum‘s decision not to include it in the Continuum‘s application. If HUD finds that the solo applicant was not permitted to participate in the Continuum of Care process in a reasonable manner, then HUD may award the grant to that solo applicant and may direct the Continuum to take remedial steps to ensure reasonable participation in the future. HUD may also reduce the award to the Continuum‘s applicant(s). Section 422(h)(1) of the XxXxxxxx-Xxxxx Act requires that ―HUD establish a timely appeal procedure for grant amounts awarded or denied under this subtitle to a collaborative application.‖ The officer or authority to which interim rule sets an appeal is filed process for denied or decreased funding under (c) above shall deal with the § 578.35(c). Applicants that are denied funds by HUD, or that requested more funds than HUD awarded, may appeal as expeditiously as possible and shall endeavour to dispose it by filing a written appeal within 45 days of within 30 days from the date of filing HUD‘s announcement of the award. HUD will notify applicant of its decision on the appeal within 60 days of the date of HUD‘s receipt of the written appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by GoR Second Appellate Authority: Finance Department, GoR.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid bid before the opening of the financial Bidbid, an appeal related to the matter of financial Bid bid may be filed only by a bidder whose technical Bid bid is found to be acceptable.. Rate contract for procurement of security Holograms b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by GoR Chairman, RISL Second Appellate Authority: Principal Secretary, Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 <10> days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings:: Rate Contract for Setting up of Interactive Digital Amusement Gallery during various events b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appeals. a) A Subject Actuary against whom a recommendation of private reprimand, public reprimand, suspension, or expulsion has been made shall be entitled to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any appeal such a decision, action or omission . The Subject Actuary may appeal the recommendation of the procuring entity Hearing Panel on the grounds of a material procedural error in the Hearing Panel proceedings, a material factual error by the Hearing Panel evident from the record of the proceedings, a material misconstruction or misapplication of the Code of Professional Conduct (the “Code”) by the Hearing Panel or the existence of new evidence that was not reasonably available during the Hearing Panel proceedings. The Council shall dismiss any appeal that is in contravention not based upon one of these grounds. Appeals shall be subject to the provisions following: A. The notice of appeal shall be in writing, shall state the specific grounds for the appeal and must be submitted within thirty (30) days of the Act or date on which the rules or guidelines issued thereunder, he may file an appeal to such officer Hearing Panel recommends disciplinary action; B. The Presidents and Presidents-Elect of the procuring entity, as may be designated by it for Parties of which the purpose, within Subject Actuary is a period of 10 days member shall select an Appeal Panel from the date Pool under the same procedures, meeting the same selection criteria, and subject to the same right of such decision or actionobjection, omission, all as set forth in Section 3 for Hearing Panels. No member of a Hearing Panel may serve on the case may be, clearly giving Appeal Panel considering the specific ground or grounds on same matter. C. The Subject Actuary shall retain all rights and privileges of membership in the Parties of which he feels aggrieved: a. Provided that after or she is a member during the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing pendency of the appeal. cD. The Subject Actuary may appear personally and with counsel (at the Subject Actuary’s expense) If the officer designated under (a) above fails to dispose before a hearing of the appeal filed under Appeal Panel to explain the Subject Actuary’s position concerning the Hearing Panel’s recommendation and the basis for appeal. The role of the Subject Actuary’s counsel shall be limited to advising the Subject Actuary and articulating appropriate procedural objections; the role of the Appeal Panel’s counsel shall be similarly limited. A hearing need not be held if both the Subject Actuary and the Appeal Panel agree that sub-section within it not be held. E. The scope of the period specified Appeal Panel’s review shall be limited to determining whether there was (i) a material procedural error in the Hearing Panel proceedings, (cii) above, or if the bidder or prospective bidder or the procuring entity is aggrieved a material factual error by the order passedHearing Panel evident from the record of the proceedings, (iii) a material misconstruction or misapplication of the Code or (iv) the existence of new evidence that was not reasonably available during the Hearing Panel proceedings. The recommendation of the Hearing Panel may be affirmed, reversed or vacated. Any decision reversing or vacating the recommendation of the Hearing Panel may be remanded to the Hearing Panel with instructions for further proceedings if in the opinion of the Appeal Panel such further proceedings are necessary. In the case of a remand, the bidder or prospective bidder or matter shall be remanded to the procuring entityHearing Panel that previously considered the matter, as unless the matter is remanded due to a procedural defect in the composition of the original Hearing Panel, in which case may be, may file the matter shall be remanded to a second appeal to an officer or authority designated new Hearing Panel convened by the State Government in this behalf within 15 days from the expiry Presidents and Presidents-Elect of the period specified in (c) above or Parties of which the Subject Actuary is a member. An action of the date of receipt Appeal Panel requires a simple majority vote of the order passed under (b) above, as entire membership of the case may beAppeal Panel. d) F. The officer or authority decision of the Appeal Panel to which an affirm a Hearing Panel recommendation shall be effective on the date the appeal is filed under (c) above shall deal with the appeal as expeditiously as possible decided and shall endeavour be promptly referred to dispose it the Parties of within 30 days from which the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by GoR Second Appellate Authority: Finance Department, GoRSubject Actuary is a member for disposition.

Appeals. (a) Subject If a party to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission a Dispute disagrees with a determination of the procuring entity is in contravention Dispute Resolutions Group made pursuant to clause 10.2, that party may refer that Dispute to the provisions GNGB Board for determination, provided that such referral is made within10 Business Days of the Act or applicable Dispute Resolution Certificate being issued by the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptableDispute Resolution Group. (b) The officer GNGB Board will consider a Dispute referred to whom an appeal it pursuant to clause 10.3(a) (including undertaking reasonable consultation with, and accepting and considering submissions from, all parties to the Dispute) at the next occurring meeting of the GNGB Board (unless the GNGB Board has not received reasonably sufficient notice of the Dispute prior to the next occurring meeting, in which case the Dispute will be considered at the subsequent meeting) and will, by written notice to the parties to the Dispute, make a determination as to the Dispute and such determination will, subject to any contrary determination pursuant to clause 10.3(c), be binding on the parties to that Dispute. Notwithstanding the foregoing, if there is filed under (a) above shall deal with no scheduled meeting of the appeal as expeditiously as possible and shall GNGB Board within [30] days of the date that a Dispute is referred to the GNGB Board, GNGB will endeavour to dispose it of within 30 days from the date of filing convene a meeting of the appealGNGB Board for the purposes of considering that Dispute as soon as reasonably practicable. (c) If the officer designated under (a) above fails a party to dispose a Dispute disagrees with a determination of the appeal filed under GNGB Board made pursuant to clause 10.3(b) that sub-section party may refer that Dispute to arbitration by an independent arbitrator, provided that such referral is made within 10 Business Days of the period specified GNGB Board making its determination. Arbitration must be conducted in accordance with the Australian Centre for International Commercial Arbitration (cACICA) Expedited Arbitration Rules. The seat and place of arbitration shall be Sydney, Australia and the language of the arbitration shall be English. The parties to the dispute will each bear their own costs in respect of the arbitration process, unless otherwise determined by the arbitrator. (d) Notwithstanding any referral pursuant to clause 10.3(a) or 10.3(c), a determination made pursuant to clause 10.2 or 10.3(b) (as applicable) subject to clause 10.3(e) below, remains binding on the parties to the relevant Dispute until a contrary determination is made pursuant to clause 10.3(b) or 10.3(c) (as applicable). (e) In circumstances in which a party to a Dispute disagrees with a determination, in relation to that Dispute, of: (i) the Dispute Resolutions Group made pursuant to clause 10.2 and refers that Dispute to the GNGB Board for determination in accordance with clause 10.3(a); or (ii) the GNGB Board made pursuant to clause 10.3(b) and refers that Dispute to arbitration by an independent arbitrator in accordance with clause 10.3(c), that party to the Dispute may, at the time of the relevant referral, make a request to (in the case of paragraph (i) above, or if ) the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (aDispute Resolutions Group) or (din the case of paragraph (ii) above shall above) the GNGB Board, to suspend the coming into effect of some or all parts of the relevant determination, pending the outcome of the applicable referral. The Dispute Resolutions Group or the GNGB Board (as applicable) will consider any such request(s) in good faith, but will retain sole discretion in relation to whether or not to grant a request (and the terms on which such request may be : First Appellate Authority: Principal Secretary or as determined by GoR Second Appellate Authority: Finance Department, GoRgranted).

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such Rate Contract for Supply, Installation, commissioning and FMS of Edge equipment’s under Surveillance and Incident Response Project in the State of Rajasthan officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appeals. 9.1 Employees have the right of appeal against all disciplinary sanctions imposed by the authority. Any appeal must be submitted in writing using the appropriate form (Appendix A1) and provide full details of the grounds of appeal Oral warning Head Teacher or nominee Director of Education or member of Education Leadership Team Written warning Head Teacher or nominee Director of Education or member of Education Leadership Team Final written warning Final Written Warning (or any other level of warning) Final written warning (or any other level of warning) Dismissal Head Teacher or nominee Nominated member of the Education Leadership Team Director of Education Director of Education Director of Education or member of Education Leadership Team Director of Education Teaching Staff Appeals Committee Teaching Staff Appeals Committee 9.2 At any appeal the appellant can be represented by his/her trade union representative. All appeals which end at departmental level will follow the procedures below: a) Subject to “Appeal not to lie The appellant and/or the appellant’s representative shall present the appellant’s case in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission the presence of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as management representative. Witnesses may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptablecalled. b) The officer management representative shall have the opportunity to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing ask questions of the appealappellant and/or the appellant’s representative and any of the witnesses called by the appellant. c) If The management representative shall put the officer designated under (a) above fails to dispose case in the presence of the appeal filed under that sub-section within appellant and the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case appellant’s representative. Witnesses may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may bebe called. d) The officer or authority appellant and/or the appellant’s representative shall have the opportunity to which an appeal is filed under (c) above shall deal with ask questions of management and any witness called by the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal:management. e) The officer hearing the appeal shall have the opportunity to ask questions of either party and of any witnesses. f) Witnesses introduced by either party may be questioned by the other party’s representative and by the officer hearing the appeal. The officer hearing the appeal can recall a witness to clarify any point in question or authority may do so at the request of either the appellant/appellant’s representative or the departmental representative. g) The appellant and/or the appellant’s representative followed by the management representative shall have the opportunity if he/she so wishes to sum up his/her case, introducing no new material. h) There may be circumstances where it may be necessary to reconvene a meeting, for example, to clarify any areas where doubt remains. In these circumstances the management representative, the appellant and the appellant’s representative will be recalled. i) The officer hearing the appeal may communicate the decision to both parties at the conclusion of the meeting. The decision shall be confirmed in writing to the appellant within 5 days. 9.3 For the avoidance of doubt, the officer hearing the appeal must not have been involved in the original decision to initiate formal procedures under paragraph 5.9 and / or the decision to proceed with a disciplinary hearing under paragraph 6.1. 9.4 All appeals against dismissal will be referred to the Teaching Staff Appeals Committee and will follow the procedures below: a) Disciplinary appeals submitted to the Teaching Staff Appeals Committee (hereafter referred to as the Appeals Committee) are heard under SNCT Conditions of Service for Teachers. Details of the grounds for the appeal will be included in the appellant’s submission for the meeting agenda which is made available to all parties. b) At the hearing there may be present at all times:  the panel of Elected Members from the Appeals Committee;  officers appointed to advise the Appeals Committee, one each from Legal Services and Human Resources;  the appellant;  the appellant’s representative (where there is one);  the department representative;  a person or persons acting in a supportive capacity only to the appellant, his/her representative or to the department representative, may also be permitted to be present at the hearing, at the discretion of the Chair, provided such persons are made known to the Appeals Committee prior to the case commencing;  witnesses shall only be present when they are called to be asked questions and following questioning, shall be asked be withdraw unless recalled for further clarification; and,  a clerk to the Appeals Committee. c) The Chair will outline the procedure, the purpose of the hearing and confirm who is presenting the case on either side. d) The appellant’s representative and/or the appellant shall put the appellant’s case in the presence of the department’s representative and may call any witnesses required. e) The department representative shall have the opportunity to ask questions of the appellant (and/or their representative if present) and of any witnesses called by the appellant. f) The members of the Appeals Committee shall then have the opportunity to ask questions of the appellant’s representative and/or the appellant and any witnesses called by the appellant. g) The department representative shall put forward the department’s case in the presence of the appellant and his/her representative and call such witnesses as may be required. h) The appellant’s representative and/or the appellant shall have the opportunity to ask questions of the department representative and of any witnesses called by the department. i) The members of the Appeals Committee shall then have the opportunity to ask questions of the department representative and of any witnesses called by the department. j) The department representative and the appellant’s representative or the appellant shall have the opportunity, if they wish, to sum up their case, introducing no new material. k) The department representative, the appellant and their representative and any other individual formally involved in the case will then withdraw. l) The Appeals Committee, in the presence of the officers appointed to advise the Appeals Committee, shall then deliberate in private, only recalling the department representative the appellant and his/her representative, to clarify points of uncertainty on evidence already given. If recall is necessary, both parties are to return notwithstanding only one is concerned with any points requiring clarification. m) The Appeals Committee may communicate its decision to both parties at the conclusion of the hearing. In any event, the appellant will be notified in writing of its decision within 5 working days. n) Under the Council’s Scheme of Administration, the Appeals Committee is authorised to uphold or reject appeals against disciplinary action or to order the varying of the disciplinary action taken. The form of the decision to be announced by the Appeals Committee shall be one of the following as appropriate:  the appeal is upheld  the appeal is partially upheld  the appeal is not upheld o) Where an appeal may be filed under (a) or (d) above is partially upheld and the Appeals Committee vary the disciplinary action previously taken to action other than dismissal, the appellant shall be : First Appellate Authority: Principal Secretary or as determined by GoR Second Appellate Authority: Finance Department, GoRdeemed to have been reinstated to the employment of the Council with effect from the date of the dismissal.

Appeals. a4.1 Following the entry of the Arbitration Award, either party (the “Appellant”) Subject shall have a period of thirty (30) calendar days in which to notify the other party (the “Appellee”), in writing, that the Appellant elects to appeal (the “Appeal”) the Arbitration Award (such notice, an “Appeal not Notice”). The date the Appellant delivers an Appeal Notice to lie the Appellee is referred to herein as the “Appeal Date”. The Appeal Notice must be delivered to the Appellee in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to accordance with the provisions of Paragraph 3.1 above with respect to delivery of an Arbitration Notice and must describe the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer nature of the procuring entityappeal and the remedies sought. In addition, as may be designated by it together with delivery of the Appeal Notice to the Appellee, the Appellant must also pay for the purpose, within a period of 10 days from the date (and provide proof of such decision or actionpayment to the Appellee together with delivery of the Appeal Notice) a bond in the amount of 110% of the sum the Appellant owes to the Appellee as a result of the Arbitration Award that the Appellant is appealing. In the event a party does not deliver an Appeal Notice to the other party within the deadline prescribed in this Paragraph 4.1, omissionsuch party shall lose its right to appeal the Arbitration Award, as and the case may beArbitration Award shall be final. 4.2 In the event an Appellant delivers an Appeal Notice to the Appellee in compliance with the provisions of Paragraph 4.1 above, clearly giving the specific ground or grounds on which he feels aggrievedfollowing provisions shall apply with respect to the Appeal: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above The Appeal will be heard by a three (3) person arbitration panel (the “Appeal Panel”). Within ten (10) calendar days after the Appeal Date, the Appellee shall deal select and submit to the Appellant the names of five (5) arbitrators that are designated as “neutrals” or qualified arbitrators by Utah ADR Services (xxxx://xxx.xxxxxxxxxxxxxxx.xxx) (such five designated persons hereunder are referred to herein as the “Proposed Appeal Arbitrators”). For the avoidance of doubt, each Proposed Appeal Arbitrator must be qualified as a “neutral” with Utah ADR Services. Within ten (10) calendar days after the appeal Appellee has submitted to the Appellant the names of the Proposed Appeal Arbitrators, the Appellant must select, by written notice to the Appellee, three (3) of the Proposed Appeal Arbitrators to act as expeditiously as possible and shall endeavour the members of the Appeal Panel. If the Appellant fails to dispose it select three (3) of the Proposed Appeal Arbitrators in writing within 30 days such 10-day period, then the Appellee may select such three (3) arbitrators from the date Proposed Appeal Arbitrators by providing written notice of filing such selection to the Appellant. If the Appellee fails to submit the names of the appeal. c) If Proposed Appeal Arbitrators to the officer designated under (a) above fails Appellant within the time period required above, then the Appellant may at any time prior to dispose the Appellee so designating the Proposed Appeal Arbitrators, select the names of the appeal filed under that sub-section within the period specified in five (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by GoR Second Appellate Authority: Finance Department, GoR5)

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Rate Contract for GPU based Workstations for WS&APS with Five Years O&M Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoRGoR.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder Bidder(s) or prospective bidder Bidder(s) is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder Bidder(s) as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder Bidder(s) who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder Bidder(s) whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder Bidder(s) or prospective bidder Bidder(s) or the procuring entity is aggrieved by the order passed, the bidder Bidder(s) or prospective bidder Bidder(s) or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary/ Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved:: Rate Contract for Supply, Installation, commissioning and FMS of Edge equipment’s under Surveillance and Incident Response Project in the State of Rajasthan (After Pre-bid) a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunderthere under, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, Department of Agriculture, GoR Second Appellate Authority: Principal Secretary, Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) I above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary/ Secretary, IT&C, GoR Second Appellate Authority: Principal Secretary, Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved:aggrieved:‌ a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Finance Department, GoRGoR.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary/ Secretary, IT&C, GoR Second Appellate Authority: Principal Secretary, Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 <10> days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal.. Rate Contract for Setting up of Interactive Digital Amusement Gallery at Permanent Centers (Digital Museum) c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by GoR Secretary, IT Second Appellate Authority: Secretary (Budget) Finance Department, GoRDept.

Appeals. (a) Subject to “Appeal not to lie in certain cases” belowWhere the Union launches an objection under the terms of this agreement, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention Employer shall provide a written response to the provisions of Union within thirty (30) calendar days. (b) If the Act Employer’s written response is not acceptable, or not provided within the rules or guidelines issued thereundertime limit, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purposeUnion may, within a further period of 10 days from thirty (30) days, refer the date of such decision or action, omission, as dispute to the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration arbitration process consisting of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by sole arbitrator for a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptablefinal and binding decision. b(c) The officer to whom an Any appeal is filed under (a) above by the Union shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing include written reasons in support of the appeal. c(d) If Within sixty (60) calendar days of the officer designated under (a) above fails to dispose receipt of the appeal filed under that sub-section within the period specified Arbitrator shall make every effort to hear the dispute and render a final and binding decision in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may bewriting. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above decision of the Arbitrator shall be : First Appellate Authority: Principal Secretary based upon the same criteria applicable to the parties themselves. Where the Arbitrator allows the appeal, their decision shall be limited to a direction that: i) the position be assigned to another existing job description and may include a direction that any incumbent in the position be displaced and that any vacancy be posted under Article 16.01 of the Collective Agreement; ii) a new job description be prepared by the Employer that more appropriately describes the type of duties, level of responsibilities and required qualifications of the position; or iii) except as outlined below, the job be appropriately classified, provided that the Arbitrator shall not have jurisdiction to classify a job except within the existing benchmark class specifications including the rate level; iv) where the Arbitrator concludes that a position does not conform to an existing benchmark class specification, the Arbitrator shall notify the Employer and the Union of their decision. The Employer and the Union shall endeavor to establish an appropriate benchmark class specification for the position. Failing mutual agreement by the parties, each party shall make a submission within thirty (30) days to the Arbitrator as to the appropriate benchmark to be established. The Arbitrator shall establish a new benchmark or amend an existing benchmark and the decision of the Arbitrator shall be binding on the parties. The Arbitrator shall also establish an appropriate wage level for the new or revised benchmark. (f) A hearing called by the Arbitrator shall have the same status as determined by GoR Second Appellate Authority: Finance Department, GoRan Arbitration Board pursuant to Article 11 of the Collective Agreement.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Principal Secretary, Finance Department, GoR

Appeals. aWhere a regular employee receives a performance evaluation which gives an overall rating of below standard, he/she may appeal the rating as follows: A. The employee shall be entitled to union representation in the following meetings. “Union representation” shall mean up to one xxxxxxx and one union employee as representation. The Court will provide release time for only one Court employee to provide representation. B. Within ten (10) Subject working days of receiving the evaluation, the employee may request a meeting with his/her manager to “Appeal not review the overall rating of below standard. Such meeting shall be held only if the employee has first met with the original evaluator in an effort to lie resolve any differences regarding the evaluation rating. The employee’s request to meet with his/her manager shall be in certain cases” below, if any bidder or prospective bidder writing. The manager may ask the evaluator to attend as well. X. If the employee is aggrieved that any decision, action or omission unsatisfied with the result of the procuring entity is in contravention to meeting with his/her manager, the provisions employee may, within ten (10) working days of the Act or meeting with his/her manager, request a meeting with the rules or guidelines issued thereunderCourt Human Resources Director to review the overall rating of below standard. The employee’s request to meet with the Court Human Resources Director shall be in writing. The Court Human Resources Director may ask the evaluator and/or the employee’s manager to attend the meeting as well. D. If the employee is unsatisfied with the result of his/her meeting with the Court Human Resources Director, he may file an appeal to such officer the employee may, within ten (10) working days of the procuring entitymeeting with the Court Human Resources Director, request a meeting with the Court Executive Officer to review the overall rating of below standard. The employee’s request to meet with the Court Executive Officer shall be in writing, and the employee shall file a copy of his/her request with the Court Human Resources Director. E. The Court Executive Officer shall review the facts and order such action as he/she determines is appropriate. His/her decision shall be final. F. If an employee initiates the appeal process outlined above, his/her evaluation shall not be placed in his/her personnel file until after the appeal is concluded. The appeal shall be considered concluded either (1) when the employee does not request a meeting at any of the levels described above within the stated time periods; or (2) if the employee pursues his/her appeal up to and including the meeting with the Court Executive Officer, when the Court Executive Officer makes his/her decision. G. The term “review”, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government used in this behalf within 15 days from the expiry section, is defined as a fact finding examination for purposes of the period specified in (c) above or detecting and correcting any abuse of the date of receipt of the order passed under (b) above, as the case may bediscretion. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by GoR Second Appellate Authority: Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (cII(c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary Secretary, DoIT&C or as determined by GoR Second Appellate Authority: Finance Department,XxXX&X,GoR f) Form of Appeal: a. Every appeal under (a) and (c) above shall be as per Annexure-15 along with as many copies as there are respondents in the appeal. RISL Final Rate Contract for Establishing Smart Classroom (After Pre-bid) b. Every appeal shall be accompanied by an order appealed against, GoRif any, affidavit verifying the facts stated in the appeal and proof of payment of fee. c. Every appeal may be presented to First Appellate Authority or Second Appellate Authority, as the case may be, in person or through registered post or authorised representative. g) Fee for Appeal: Fee for filing appeal: a. Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall be rupees ten thousand, which shall be non-refundable. b. The fee shall be paid in the form of bank demand draft or banker‟s cheque of a Scheduled Bank payable in the name of Appellate Authority concerned. h) Procedure for disposal of appeal: a. The First Appellate Authority or Second Appellate Authority, as the case may be, upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and documents, if any, to the respondents and fix date of hearing. b. On the date fixed for hearing, the First Appellate Authority or Second Appellate Authority, as the case may be, shall,- i. hear all the parties to appeal present before him; and ii. peruse or inspect documents, relevant records or copies thereof relating to the matter. c. After hearing the parties, perusal or inspection of documents and relevant records or copies thereof relating to the matter, the Appellate Authority concerned shall pass an order in writing and provide the copy of order to the parties to appeal free of cost. d. The order passIIer (c) shall also be placed on the State Public Procurement Portal. i) No information which would impair the protection of essential security interests of India, or impede the enforcement of law or fair competition, or prejudice the legitimate commercial interests of the bidder or the procuring entity, shall be disclosed in a proceeding under an appeal.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Principal Secretary, Finance Department, GoR

Appeals. a4.1 Following the entry of the Arbitration Award, either party (the “Appellant”) Subject shall have a period of thirty (30) calendar days in which to notify the other party (the “Appellee”), in writing, that the Appellant elects to appeal (the “Appeal”) the Arbitration Award (such notice, an “Appeal not Notice”). The date the Appellant delivers an Appeal Notice to lie the Appellee is referred to herein as the “Appeal Date”. The Appeal Notice must be delivered to the Appellee in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to accordance with the provisions of Paragraph 3.1 above with respect to delivery of an Arbitration Notice and must describe the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer nature of the procuring entityappeal and the remedies sought. In addition, as may be designated by it together with delivery of the Appeal Notice to the Appellee, the Appellant must also pay for the purpose, within a period of 10 days from the date (and provide proof of such decision or actionpayment to the Appellee together with delivery of the Appeal Notice) a bond in the amount of 110% of the sum the Appellant owes to the Appellee as a result of the Arbitration Award that the Appellant is appealing. In the event a party does not deliver an Appeal Notice to the other party within the deadline prescribed in this Paragraph 4.1, omissionsuch party shall lose its right to appeal the Arbitration Award, as and the case may beArbitration Award shall be final. 4.2 In the event an Appellant delivers an Appeal Notice to the Appellee in compliance with the provisions of Paragraph 4.1 above, clearly giving the specific ground or grounds on which he feels aggrievedfollowing provisions shall apply with respect to the Appeal: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above The Appeal will be heard by a three (3) person arbitration panel (the “Appeal Panel”). Within ten (10) calendar days after the Appeal Date, the Appellee shall deal select and submit to the Appellant the names of five (5) arbitrators that are designated as “neutrals” or qualified arbitrators by Utah ADR Services (xxxx://xxx.xxxxxxxxxxxxxxx.xxx) (such five designated persons hereunder are referred to herein as the “Proposed Appeal Arbitrators”). For the avoidance of doubt, each Proposed Appeal Arbitrator must be qualified as a “neutral” with Utah ADR Services. Within ten (10) calendar days after the appeal as expeditiously as possible and shall endeavour Appellee has submitted to dispose it of within 30 days from the date of filing Appellant the names of the appeal. cProposed Appeal Arbitrators, the Appellant must select, by written notice to the Appellee, three (3) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, Proposed Appeal Arbitrators to act as the case may beArbitration Provisions, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by GoR Second Appellate Authority: Finance Department, GoRPage 4

Appeals. aa. Client is the “plan sponsor,” “plan administrator” and “named fiduciary” with respect to the PBM Plan, as such terms are interpreted under Applicable Law. Client, as Plan Administrator, retains complete authority and responsibility for the PBM Plan, its operation, and the benefits provided thereunder. Meritain is empowered to act on behalf of Client in connection with the PBM Plan only to the extent expressly stated in this PBM Schedule, and except as provided in this Section: (i) Subject the PBM Services will not include the power to “Appeal exercise discretionary authority over Plan operations or Plan assets (if any), and (ii) Meritain will not for any purpose be deemed to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission be the "Plan Administrator" of the procuring entity is in contravention Plan or a "fiduciary" with respect to the provisions Plan. Meritain’s services under this PBM Schedule are intended to and will consist only of those "ministerial functions" described in 29 C.F.R. 2509.75-8, D-2 and will be performed within the framework of policies and interpretations established by Client. Client has the sole and complete authority to determine eligibility of persons to participate in the PBM Plan, and has selected and is solely responsible for the PBM Plan’s benefit and coverage design. b. Client and Meritain agree that with respect to Section 503 of ERISA, Meritain, except as set forth under Section 6.d. of this PBM Schedule, will be the "appropriate named fiduciary" of the Act or PBM Plan for the rules or guidelines issued thereunderpurpose of reviewing appeals of denials of prior authorization requests and appeals of denials of PBM Claims under the PBM Plan (“Appeals”). Client understands that the performance of fiduciary duties under ERISA necessarily involves the exercise of discretion on Xxxxxxxx’s part in the determination and evaluation of facts and evidence presented in support of any Appeals. Therefore, he may file an appeal and to such officer the extent not already implied as a matter of law, Client hereby delegates to Meritain discretionary authority to determine entitlement to benefits under the applicable Plan Documents for Appeals received, including discretionary authority to determine and evaluate facts and evidence, and discretionary authority to construe the terms of the procuring entityPBM Plan. It is also agreed that, as may be designated by between Client and Meritain, Meritain’s decision on any Appeals is final and that Meritain has no other fiduciary responsibility. c. Meritain shall receive, on behalf of Client, Appeals, and review Appeals received during the Term using its Appeal review procedures in a manner consistent with the Plan and Applicable Law. d. If Meritain receives any Appeals involving or arising out of cost-share provisions or any other matter not expressly within the scope of Meritain’s obligations under this Section it will refer such to Client for its exclusive and final resolution. e. If the purpose, within a period denial is upheld in the final level of 10 days from appeal under the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”Plan Document, the appeal may Appeal will be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates reviewed to determine if the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under eligible for External Review Organization (a“ERO”) above shall deal with review, and if eligible, then the appeal as expeditiously as possible and shall endeavour PBM Participant will be informed of his or her right to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may beERO. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by GoR Second Appellate Authority: Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, ,” the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : : a. First Appellate Authority: Principal Secretary or as determined by GoR Commissioner IT&C, GoR. b. Second Appellate Authority: Finance DepartmentAdditional Chief Secretary , GoRIT&C, GoR.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Finance Secretary (Budget), Finance Department, GoRGoR. f) Form of Appeal: Rate Contract for Selection of Logistic Partner for e-Bazaar a. Every appeal under (a) and (c) above shall be as per Annexure-15 along with as many copies as there are respondents in the appeal. b. Every appeal shall be accompanied by an order appealed against, if any, affidavit verifying the facts stated in the appeal and proof of payment of fee. c. Every appeal may be presented to First Appellate Authority or Second Appellate Authority, as the case may be, in person or through registered post or authorised representative.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunderthere under, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, Department of Agriculture, GoR Second Appellate Authority: Secretary, Finance (Budget) Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Principal Secretary, Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Finance Secretary (Budget), Finance Department, GoRGoR.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be.. Rate Contract for Proc. of MS-Exchange Server Licenses, Device CALs including Support Services d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Principal Secretary, Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie You may appeal, in certain cases” belowwriting, if any bidder or prospective bidder is aggrieved that any decision, action or omission against the decision made within 10 working days of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) decision. • Under sanctions 1 – 3 above, you should write to theStudent Accommodation Manager. • Under sanction 4 you should send your appeal in writing to the Director of Property & Facilities. • Under sanction 5, you may appeal to the University Secretary. The appeal against a decision made as a result of the case disciplinary procedure under the sanctions noted above, may be. d) be made on the following grounds:  The officer or authority to which an appeal is filed under (c) above shall deal penalty was out with the appeal scope of the Regulations.  There was a procedural irregularity in the process undertaken which materially influenced the final decision.  The decision reached was unreasonable as expeditiously as possible a result of the Authorised Officer’s actions or omissions.  The penalty imposed was unreasonable or in excess of the penalties specified.  New evidence is available which might have caused the hearing to reach a different conclusion but could not have been made available at the time of the hearing.  You may appeal, in writing, against a charge issued outwith the scope of a disciplinary hearing, to the Accommodation Officer within 5 working days. Arbitration 27 In the event of any dispute or difference arising between the Landlord and the Tenant with regard to this Tenancy Agreement, the same shall endeavour be and is hereby referred to dispose it the decision of within 30 days from one arbiter to be mutually appointed or in the event of the Landlord and Tenant failing to agree upon the arbiter to be appointed then the arbiter shall be appointed by the Sheriff at Edinburgh on the application of either of the parties or their representatives. Tenancy Agreement - Acknowledgment of Legally Binding Contract 28 I the Tenant understand that the contract I am entering into by virtue of this Tenancy Agreement is a legally binding contract and will endure until the Tenancy Agreement terminates on the contractual date of filing termination stated on the first page of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by GoR Second Appellate Authority: Finance Department, GoRthis Tenancy Agreement.

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as Rate Contract for Supply of Digital Signature Certificates (with USB Tokens) and Server SSL Certificates the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Principal Secretary, Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 5 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order ord er passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Secretary, Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunderthere under, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by & Commissioner, IT&C, GoR Second Appellate Authority: Principal Secretary, Finance Department, GoR

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 <10> days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable.. Rate Contract for Setting up of Interactive Digital Amusement Gallery during various events b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary or as determined by Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR