Common use of Challenge Procedures Clause in Contracts

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 such measures should be applied; (b) an 8. With a view to the preservation of the commercial and other interests involved, the challenge procedure shall normally be completed within a reasonable time.

Challenge Procedures. 1. In the event of a complaint by a supplier that there has therehas been a breach of this Chapter in the context of a government agovernment procurement, each Party shall encourage the supplier thesupplier to seek resolution of its complaint in consultation inconsultation with the procuring entity. In such instances the procuring entity shall accord impartial and timely consideration timelyconsideration to any such complaint, in a manner that is not isnot prejudicial to obtaining corrective measures under the challenge thechallenge system. . 2. Each Party shall provide non- discriminatory, timely, ,transparent and effective procedures enabling suppliers to challenge tochallenge alleged breaches of this Chapter arising in the context thecontext of government procurements in which they have, or have orhave had, an interest. 3. Each Party shall provide its challenge procedures in writing inwriting and make them generally available. 4. Each Party shall ensure that documentation relating to all toall aspects of the process concerning government procurement governmentprocurements covered by this Chapter shall be retained at least for three for3 years. . 5. The interested supplier may be required to initiate a challenge achallenge procedure and notify the procuring entity within specified withinspecified time-limits from the time when the basis of the complaint thecomplaint is known or reasonably should have been known, ,but in no case within a period of less than 10 days. 6. A Party may require that a challenge procedure beinitiated only after the notice of procurement has beenpublished or, where a notice is not published, after tenderdocumentation has been made available. Where a Partyimposes such a requirement, the 10 day period described inparagraph 5 above shall begin no earlier than the date thatthe notice is published or the tender documentation is madeavailable. 7. Challenges shall be heard by an impartial and independent andindependent reviewing authority with no interest in the outcome theoutcome of the government procurement and the members of which ofwhich are secure from external influence during the term of appointmentofappointment. A reviewing authority which is not a court shall either be subject to judicial review or shall have procedures haveprocedures which provide at least the followingthat: (a) participants can be heard before an opinion is given isgiven 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 astatement describing the basis for the opinions or opinionsor decisions; (f) witnesses can be presented; and (g) documents are disclosed to the reviewing authorityreviewingauthority. 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 such measures should be applied; (b) an 8. With a view to the preservation of the commercial and other interests involved, the challenge procedure shall normally be completed within a reasonable time.

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- 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 procurements 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. days from that time. 6. Challenges shall be heard by a court or 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 review authority which is not a court shall either be subject to judicial review or shall have procedures which provide at least the following: that: (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 and (g) documents are disclosed to the reviewing authorityreview body. 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 such measures should be applied; . In such circumstances, just cause for not acting shall be provided in writing; (b) anan assessment and a possibility for a decision on the justification of the challenge; (c) correction of the breach of the Chapter or compensation for the loss or damages suffered, where appropriate. In the case of compensation for the loss or damages suffered, it shall be limited to costs for tender preparation or protest. 8. With a view to the preservation of the commercial and other interests involved, the challenge procedure shall normally be completed within in a reasonable timetimely fashion.

Challenge Procedures. (1. In ) A challenge must be in writing and shall- (i) State the event of a complaint by a supplier that there has been a breach specific grounds for challenging the asserted restriction; (ii) Require the Contractor to respond within sixty (60) days; (iii) Require the Contractor to provide justification for the assertion based upon records kept in accordance with paragraph (b) of this Chapter clause and such other documentation that are reasonably available to the Contractor, in sufficient detail to enable the Contracting Officer to determine the validity of the asserted restrictions; and (iv) State that a Contracting Officer's final decision, during the three-year period preceding this challenge, or the actions of the Office of Disputes Resolution for Acquisition (ODRA) or a court of competent jurisdiction (see clause 3.9.1-1 Contract Disputes) that sustained the validity of an identical assertion made by the Contractor (or a licensee) shall serve as justification for the asserted restriction. (2) The Contracting Officer shall extend the time for response if the Contractor submits a written request showing the need for additional time to prepare a response. (3) The Contracting Officer may request additional supporting documentation if, in the context Contracting Officer's opinion, the Contractor's explanation does not provide sufficient evidence to justify the validity of the asserted restrictions. The Contractor agrees to promptly respond to the Contracting Officer's request for additional supporting documentation. (4) Notwithstanding challenge by the Contracting Officer, the parties may agree on the disposition of an asserted restriction at any time prior to a government procurementContracting Officer's final decision or, if the Contractor has appealed that decision, filed, or provided notice of an intent to file with the ODRA. (5) If the Contractor fails to respond to the Contracting Officer's request for information or additional information under paragraph (f)(1) of this clause, the Contracting Officer shall issue a final decision, in accordance with the Contract Disputes clause of this contract, pertaining to the validity of the asserted restriction. (6) If the Contracting Officer, after reviewing the written explanation furnished pursuant to paragraph (f)(1) of this clause, or any other available information pertaining to the validity of an asserted restriction, determines that the asserted restriction has- (i) Not been justified, the Contracting Officer shall issue promptly a final decision, in accordance with the Contract Disputes clause of this Contract, denying the validity of the asserted restriction; or (ii) Been justified, the Contracting Officer shall issue a final decision, in accordance with the Contract Disputes clause of this Contract, validating the asserted restriction. (7) A Contractor receiving challenges to the same asserted restriction(s) from more than one Contracting Officer shall notify each Party Contracting Officer of the other challenges. The notice shall encourage also state which Contracting Officer initiated the supplier to seek resolution of its complaint first in time unanswered challenge. The Contracting Officer who initiated the first in time unanswered challenge, after consultation with the procuring entity. In such instances other Contracting Officers who have challenged 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 restrictions and the members of which are secure from external influence during Contractor, shall formulate and distribute a schedule that provides 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 such measures should be applied; (b) an 8. With a view to the preservation of the commercial and other interests involved, the challenge procedure shall normally be completed within Contractor a reasonable timeopportunity for responding to each challenge.

Challenge Procedures. 1. In Each Party shall have a timely, effective, transparent and non-discriminatory method of administrative or judicial review in accordance with the event principle of a complaint by due process through which a supplier that there has been may challenge: (a) a violation of this Chapter, or (b) where a supplier does not have the right to directly challenge a breach of this Chapter in under a Party's law, the context of failure to comply with measures taken by 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 implement this Chapter arising in the context of government procurements a covered procurement in which they havethe supplier has, or have has had, an interest. The procedural rules for challenges shall be in writing and shall be publicly available. 2. In the event that a supplier submits, in the context of a covered procurement in which it has or has had an interest, a complaint of a breach or non-compliance referred to in paragraph 1, the procuring entity Party shall, if appropriate, encourage that entity and the supplier to seek a resolution of the complaint through consultations. 3. Each Party supplier shall provide its challenge procedures be given sufficient time to prepare and submit an appeal, which in writing and make them generally availableno case shall be less than ten (10) days from the time the supplier became aware of the basis for the challenge, or reasonably should have become aware of it. 4. 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 from a supplier arising in the context of a covered procurement. 5. Where a body other than the authority referred to in paragraph 4 initially reviews a challenge, the 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 appeal the initial decision to initiate a challenge procedure and notify an impartial administrative or judicial authority that is independent of the procuring entity within specified time-limits from whose procurement is the time when the basis subject of the complaint is known or reasonably should have been known, but in no case within a period of less than 10 days. challenge. 6. Challenges Each Party 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 ensure that a court review body, other than a court, shall either be have its decisions subject to judicial review or shall have procedures which methods in place that provide at least the following: that: (a) participants can be heard before an opinion is given or a decision is reached; the procuring entity shall respond in writing to the challenge and disclose all relevant documents to the review body; (b) participants can in the proceedings have the right to be heard before the review body decides on the challenge; (c) participants have the right to be represented and accompanied; ; (cd) participants shall have access to all proceedings; (d) proceedings can take place in public; performances; (e) opinions participants have the right to request that the proceedings be open to the public and that witnesses may be present; and (f) the review body shall make its decisions or decisions are given recommendations in writing with and in a statement describing timely manner, including an explanation of the basis for the opinions each decision or decisions; (f) witnesses can be presented; and (g) documents are disclosed to the reviewing authorityrecommendation. 7. Challenge procedures Each Party shall adopt or maintain methods, in accordance with its respective legal system, that provide for: : (a) rapid interim measures to correct breaches of this Chapter and preserve the supplier's ability to preserve commercial opportunitiesparticipate in the procurement. Such action interim measures may result in suspension have the effect of suspending the procurement processproceedings. However, procedures The methods may provide that overriding the prevailing adverse consequences for the interests concerned, including the public interest, may be taken into account in deciding whether to apply such measures should measures. Good cause shall be applied; stated in writing for not taking such measures, and (b) an 8. With where the review body has found a view breach of this Chapter or of the non-compliance referred to in paragraph 1, corrective measures or compensation for loss or damage suffered, which may be limited to the preservation costs of preparing the commercial and other interests involvedtender or the costs related to the challenge, the challenge procedure shall normally be completed within a reasonable timeor both.

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 t o 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- 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 procurements 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. days from that time. 6. Challenges shall be heard by a court or 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 review authority which is not a court shall either be subject to t o judicial review or shall have procedures which provide at least the following: that: (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 and (g) documents are disclosed to the reviewing authorityreview body. 7. Challenge procedures shall provide for: : (a) rapid interim measures to correct breaches of this Chapter and to t o 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 such measures should be applied; . In such circumstances, just cause for not acting shall be provided in writing; (b) anan assessment and a possibility for a decision on the justification of the challenge; (c) correction of the breach of the Chapter or compensation for the loss or damages suffered, where appropriate. In the case of compensation for the loss or damages suffered, it shall be limited to costs for tender preparation or protest. 8. With a view to the preservation of the commercial and other interests involved, the challenge procedure shall normally be completed within in a reasonable timetimely fashion.