Domestic Review Procedures for Supplier Challenges Sample Clauses

Domestic Review Procedures for Supplier Challenges. 1. Each Party shall provide a timely, effective, transparent and non-discriminatory administrative or judicial review procedure according to the due process principle through which a supplier may challenge: (a) breaches of this Chapter; or (b) where the supplier does not have a right to challenge directly a breach of this Chapter under the domestic law of a Party, a failure to comply with a Party's measures implementing this Chapter, Arising in the context of a covered procurement, in which the supplier has, or has had, an interest. The procedural rules for all challenges shall be in writing and made generally available. 2. In the event of a complaint by a supplier, arising in the context of covered procurement in which the supplier has, or has had, an interest, that there has been a breach or a failure as referred to in paragraph 1, the Party of the procuring entity shall encourage that entity and the supplier to seek resolution of the complaint through consultations. 3. Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge, which in no case shall be less than ten days from the time when the basis of the challenge became known, or reasonably should have become known, to the supplier. 4. Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its procuring entities (hereinafter referred to as the "review body") to receive and review a challenge by a supplier arising in the context of a covered procurement. 5. Where a body other than a review body referred to in paragraph 4 initially reviews a challenge, the Party shall ensure that the supplier may appeal the initial decision to a review body that is independent of the procuring entity whose procurement is the subject of the challenge. 6. Each Party shall ensure that a review body that is not a court shall either have its decisions subject to judicial review or have procedures that provide that: (a) the procuring entity shall respond in writing to the challenge and disclose all relevant documents to the review body; (b) the participants to the proceedings (hereinafter referred to as "participants") shall have the right to be heard prior to a decision of the review body being made on the challenge; (c) the participants shall have the right to be represented and accompanied; (d) the participants shall have access to all proceedings; (e) the participants shall have the right to request that the proceedings...
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Domestic Review Procedures for Supplier Challenges. 1. Each Party shall ensure that its procuring entities accord impartial and timely consideration to any complaints from suppliers regarding an alleged breach of this Chapter arising in the context of a covered procurement in which they have, or have had, an interest. Each Party shall encourage suppliers to seek clarification from its procuring entities through consultations with a view to facilitating the resolution of any such complaints. 2. Each Party shall provide a timely, effective, transparent, and non-discriminatory administrative or judicial review procedure in accordance with the due process principle through which a supplier may challenge alleged breaches of this Chapter arising in the context of covered procurements in which the supplier has, or has had, an interest.
Sample 1Sample 2Sample 3See All (26)
Domestic Review Procedures for Supplier Challenges. Each Party shall provide a timely, effective, transparent and non-discriminatory administrative or judicial review procedure according to the due process principle through which a supplier may challenge where the supplier does not have a right to challenge directly a breach of this chapter under the domestic law of a Party, a failure to comply with a Party's measures implementing this Chapter; arising in the context of a covered procurement, in which the supplier has, or has had, an interest. The procedural rules for all challenges shall be in writing and made generally available.
Sample 1
Domestic Review Procedures for Supplier Challenges. In the event of a complaint by a supplier of a Party regarding an alleged breach of this Chapter in the context of covered procurement, each Party shall encourage suppliers to seek clarification from its entities through consultations with a view to facilitating the resolution of any such complaints.
Sample 1

Related to Domestic Review Procedures for Supplier Challenges

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