Common use of Challenge Procedures Clause in Contracts

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. 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 '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.