Challenge Procedures. 1. In the event of a complaint by a supplier that there has been a breach of this Chapter in the context of a government procurement, each Party shall encourage the supplier to seek resolution of its complaint in consultation with the procuring entity. In such instances the procuring entity shall accord impartial and timely consideration to any such complaint, in a manner that is not prejudicial to obtaining corrective measures under the challenge system.
2. Each Party shall provide non- discriminatory, timely, transparent and effective procedures enabling suppliers to challenge alleged breaches of this Chapter arising in the context of government procurements in which they have, or have had, an interest. 3. Each Party shall provide its challenge procedures in writing and make them generally available.
4. Each Party shall ensure that documentation relating to all aspects of the process concerning government procurement covered by this Chapter shall be retained at least for three years. 5. The interested supplier may be required to initiate a challenge procedure and notify the procuring entity within specified time-limits from the time when the basis of the complaint is known or reasonably should have been known, but in no case within a period of less than 10 days. 6. Challenges shall be heard by an impartial and independent reviewing authority with no interest in the outcome of the government procurement and the members of which are secure from external influence during the term of appointment. A reviewing authority which is not a court shall either be subject to judicial review or shall have procedures which provide at least the following: (a) participants can be heard before an opinion is given or a decision is reached; (b) participants can be represented and accompanied; (c) participants shall have access to all proceedings; (d) proceedings can take place in public; (e) opinions or decisions are given in writing with a statement describing the basis for the opinions or decisions; (f) witnesses can be presented; and (g) documents are disclosed to the reviewing authority.
7. Challenge procedures shall provide for: (a) rapid interim measures to correct breaches of this Chapter and to preserve commercial opportunities. Such action may result in suspension of the procurement process. However, procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account in deciding whether su...
Challenge Procedures. (i) A challenge must be in writing and shall –
Challenge Procedures. In the event of a complaint by a supplier that there has been a breach of this Chapter in the context of a government procurement, each Party shall encourage the supplier to seek resolution of its complaint in consultation with the procuring entity. In such instances the procuring entity shall accord impartial and timely consideration to any such complaint, in a manner that is not prejudicial to obtaining corrective measures under the challenge system.
Challenge Procedures. Any challenge to the recognized Association as defined in this Agreement shall be in accordance with the appropriate provisions of Sections 4117 ORC.
Challenge Procedures. 1. In the event of a complaint by a supplier of a Party that there has been a breach of this Chapter in the context of procurement by another Party, that Party shall encourage the supplier to seek resolution of its complaint in consultation with the procuring entity of that other Party. In such instances the procuring entity of that other Party shall accord timely and impartial consideration to any such complaint, in such a manner that is not prejudicial to obtaining corrective measures under the challenge system.
2. Each Party shall provide suppliers of the Parties with non-discriminatory, timely, transparent and effective procedures to challenge alleged breaches of this Chapter arising in the context of procurements in which they have an interest.
3. Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its procuring entities to receive and review a challenge by a supplier arising in the context of a covered procurement.
4. Unless the tender document specifies otherwise, a Party’s total liability for any breach of this Chapter or compensation for loss or damages suffered shall be limited to the costs for tender preparation reasonably incurred by the supplier for the purpose of the procurement.
5. The issues arising under paragraphs 1 to 4 of this Article are to be determined by each Party according to its domestic laws and regulations.
Challenge Procedures. 1. The challenge procedures shall be applied in accordance with the provisions of the annex to this article for the Parties indicated therein.
2. In order to promote fair, open and impartial procurement procedures, each Party shall adopt and maintain challenge procedures for purchases covered by this Chapter in accordance with the following:
(a) each Party shall permit suppliers to have recourse to the challenge procedure in relation to any aspect of the procurement process which, for the purposes of this Article, commences from the time an entity has defined its procurement requirement and continues until the award of the procurement contract;
(b) before initiating a challenge procedure, a Party may encourage the supplier to seek with the procuring entity a solution to its complaint;
(c) each Party shall ensure that its entities consider in a timely and impartial manner any complaints or challenges regarding purchases covered by this Chapter;
(d) whether or not a supplier has attempted to resolve its complaint with the entity, or after failure to reach a satisfactory resolution, a Party may not prevent the supplier from initiating a challenge or other remedy;
(e) a Party may request a supplier to notify the entity of the initiation of a challenge procedure;
(f) a Party may limit the period within which a supplier may initiate the challenge procedure, but in no case shall this period be less than ten working days from the time the supplier knows or should have known of the basis of the complaint;
(g) each Party shall establish or designate a review authority with no substantial interest in the outcome of the procurement to receive challenges and issue relevant rulings and recommendations;
(h) upon receipt of the challenge, the reviewing authority shall proceed to investigate it expeditiously;
(i) a Party may require its reviewing authority to limit its considerations to the challenge itself;
(j) in investigating the challenge, the reviewing authority may delay the award of the proposed contract until the challenge is resolved, except in cases of urgency or where delay would be contrary to the public interest;
(k) the reviewing authority shall issue a recommendation to resolve the challenge, which may include directions to the entity to reevaluate the bids, terminate the contract, or rebid the contract;
(l) Generally, entities shall follow the recommendations of the reviewing authority;
(m) at the conclusion of the challenge procedure, each Party shall empo...
Challenge Procedures. 1. In the event of a complaint by a supplier of a Party that there has been a breach of this Chapter in the context of procurement by the other Party, that Party may encourage the supplier to first seek resolution of its complaint in consultation with the procuring entity of the other Party.
2. Each Party shall provide suppliers of the other Party with non- discriminatory, timely, transparent and effective procedures to challenge alleged breaches of this Chapter arising in the context of procurements in which they have, or have had, an interest.
3. Each Party shall provide its challenge procedures in writing and make them generally available.
4. Challenges shall be heard by a court or by an impartial and independent review body with no interest in the outcome of the procurement and the members of which are secure from external influence during the term of appointment.
5. A Party’s total liability for any breach of this Chapter or compensation for loss or damages suffered shall be limited to the costs for tender preparation reasonably incurred by the supplier for the purpose of the procurement.
Challenge Procedures. Any employee or group of employees, or any labor organization acting on their behalf, which challenges the Association as the exclusive bargaining representative shall comply with the requirements of the Illinois Educational Labor Relations Act.
Challenge Procedures. (1) A challenge must be in writing and shall—
(i) State the specific grounds for challenging the asserted restriction;
(ii) Require the Performer to respond within sixty (60) days;
(iii) Require the Performer to provide justification for the assertion based upon records kept in accordance with paragraph (b) of this article and such other documentation that are reasonably available to the Performer, in sufficient detail to enable the Agreement Officer to determine the validity of the asserted restrictions; and
(iv) State that an Agreement Officer's final decision, during the three-year period preceding this challenge, or action of a court of competent jurisdiction or Board of Contract Appeals that sustained the validity of an identical assertion made by the Performer (or a licensee) shall serve as justification for the asserted restriction.
(2) The Agreement Officer shall extend the time for response if the Performer submits a written request showing the need for additional time to prepare a response.
(3) The Agreement Officer may request additional supporting documentation if, in the Agreement Officer’s opinion, the Performer's explanation does not provide sufficient evidence to justify the validity of the asserted restrictions. The Performer agrees to promptly respond to the Agreement Officer's request for additional supporting documentation.
(4) Notwithstanding challenge by the Agreement Officer, the parties may agree on the disposition of an asserted restriction at any time prior to an Agreement Officer's final decision or, if the Performer has appealed that decision, filed suit, or provided notice of an intent to file suit, at any time prior to a decision by a court of competent jurisdiction or Board of Contract Appeals.
(5) If the Performer fails to respond to the Agreement Officer's request for information or additional information under paragraph (f)(1) of this article, the Agreement Officer shall issue a final decision, in accordance with the Disputes article of this agreement, pertaining to the validity of the asserted restriction.
(6) If the Agreement Officer, after reviewing any available information pertaining to the validity of an asserted restriction, determines that the asserted restriction has—
(i) Not been justified, the Agreement Officer shall issue promptly a final decision, in accordance with the Disputes article of this agreement, denying the validity of the asserted restriction; or
(ii) Been justified, the Agreement Officer shall issu...
Challenge Procedures. 1. Each Party shall establish a timely, effective, transparent and non-discriminatory administrative or judicial review procedure through which a supplier may submit challenges related to a covered procurement in which the supplier has an interest, alleging a breach of this Chapter.
2. Each Party shall establish or designate at least one impartial administrative or judicial authority, independent of its entities, to receive and review the challenges referred to in paragraph 1, and make appropriate findings and recommendations.
3. Where a supplier's challenge is initially reviewed by an authority other than those referred to in paragraph 2, the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or judicial authority independent of the entity that is the subject of the challenge.
4. Each Party shall provide that the authority established or designated in accordance with paragraph 2 shall have the authority to take, without delay, interim measures to preserve the supplier's opportunity to participate in the procurement and ensure that the Party complies with this Chapter. Such measures may have the effect of suspending the procurement proceedings.
5. Without prejudice to other challenge procedures provided or developed by each Party, each Party shall ensure the following:
(a) A sufficient time period for the supplier to prepare and submit written challenges, which in no case shall be less than ten
