Approval Process; Complaints and Appeals

Shish Haider Chowdhury Finance Controller (Army), Log Area Dhaka Cantonment BPI, 6 March 2012

Approval of Tender or Proposal(Rule 11)

The Approving Authority, considering the overall recommendations of the Evaluation Committee , may either (a) approve the recommendations; or (b) seek any clarification from the Committee through the Procuring Entity on any specific issues in connection with such recommendations; or (c) explaining the reasons (i) reject the recommendations, and request the Committee for a re-evaluation; or (ii) reject the recommendations, and issue instructions to reprocess the Procurement in accordance with the provisions of the Act and these Rules.

Companies and use of public fund

In cases where the companies, registered under the Companies Act, 1994 (Act No. 18 of 1994), use public funds received through the Government Revenue or Development budget for undertaking any procurement, they shall follow their own administrative and financial delegations as applicable to them under the Companies Act with regard to approval of the Evaluation Report and Award of contract.

Delegated Procurement (Rule 12)

If a Ministry, Division, Department, or Directorate does not posses adequate technical capability for certain procurements of Goods, Works or Services, in that case it may delegate the task to a Procuring Entity, competent for such procurement.

Delegated Procurement (Rule 12)

The Head of the Procuring Entity and the Procuring Entity of the designated executing agency for such delegated procurement shall act as the Head of the Procuring Entity and the Procuring Entity respectively and shall perform as follows(a) undertake the procurement in accordance with the provisions of these Rules; (b) give approvals as per the Delegation of Financial Powers; (c) administer the Contract and supervise the project implementation.

Approval Process
If AA is HOPE/PD/PM/AO then: EC ER ER with recommendation HOPE/PD/PM/AO [Decides & Returns]

PE

Approval Process
If AA is Ministry then: EC ER Purchase Proposal along with ER with recommendation HOPE Secretary [Add Comments] Ministry Decides & Forwards PE

Approval Process
If RA is CCGP then: EC ER Purchase Proposal along with ER and recommendations HOPE Secretary Minister [Add Comments] Secretary [Summary]Minister CCGP [Decides] PE

Approval Process
If AA is Secretary then: EC ER ER with recommendation Secretary [Decides & Returns] PE

Up on receipt of approval, the PE....

issues Notification of Award (NOA) within 7 working days but before the validity provided that no complaint or appeal in regard to the Tender or Proposal under the Act and these Rules, is pending; ensures confidentiality in regard to approval of the "Purchase Proposal" by all officers and staff concerned with the Procurement process either directly or indirectly.

Delegation of Financial Power

Means the instructions with regard to the delegation of Financial Authority, issued by the government from time to time, relating to the conduct of public procurement or subdelegation of financial powers under such ddelegation

How DFP relates to Approval?

The approving authority considering the overall recommendations of the EC matches it with the DFP; The authority of the AA is the power which in accordance with the DFP approves the award of contract for the procurement of goods, works and services.

Further Notable
Procuring Entities shall, for Procurement above the threshold specified in Schedule i.e. G&W TK 10m and above and for Services TK. 5 m and above, shall submit to the CPTU procurement related reports on quarterly basis indicating the time; Procuring Entities, Evaluation Committees and Approving Authorities shall, for performing activities, from the time of Tender opening to the issuance of the Notification of Award following time-limits specified in Part of Schedule III. (7) All the Procuring Entities shall, in the case of procurement processing and approval, use the check lists in Schedule IV.

To Remember
ER be finanlised and NOA issued before the expiry of the Tender/Proposal validity; ER be sent to the AA strictly by adhering to the Rule 36; AA approves after review or raises objections within the time limit allowed; Objections if any be sent to the Chairperson of the EC who meets them within 5 days (WD) from the date of receipt following the same route; AA while instructs the re-process that leads to the cancellation of Tenders/Proposals; PE then may proceed for re-tender as per Rule 33.

Complaints and Appeals

Key Elements
Test of transparency; Credibility; Public Confidence; Trust.

Who can complaints?

Any person who claims to have suffered loss or damages due to breach of a responsibility assigned with PE, may lodge a complain

Right to Complain
Grounds: Pre-qualification documents not ready or available; Failure to respond promptly to request for clarifications; Failure by TEC to evaluate qualifications in accordance with criteria set out in prequalification document; Perceived unfair denial of pre-qualification; Possible corrupt or collusive practice.

Right to Complain
Advertisement procedures not adhered to; Tender documents not ready; Failure to respond promptly to request for clarifications; Framing technical specifications around small number of suppliers/manufacturers of particular products; Failure to hold pre-tender meeting meeting in accordance with advertisement.

Right to Complain
Failure to open tender in accordance with advertisement; Opening any tender received prior to the set deadline; Failure to open all tenders on time; Failure to evaluate tenders in compliance with stabilised criteria; Attempts by PE to negotiate with successful tenderers;

Right to Complain
Corrupt or collusive practice; Unfair or erroneous award of contract; Breaking confidentiality at the time of clarifications (in case of TSTM)

Right to Complain (Services RFP)

Breaking confidentiality after opening the technical proposal; Opening the financial proposal at the time of opening the technical proposal; Failure to evaluate in accordance with criteria set out in RFP

Right to Complain (Services RFP)

Attempt by PE to force a revision of fee rates during negotiation (where price is a factor in negotiation); Possible corrupt or collusive practices; Perceived unfair and not impartial award of contract.

No right to complaint
The choice of procurement methods for goods, works and services; A refusal to short-list an applicant; The decision to reject applications for prequalification, tenders, quotations or proposals; A decision of award made by CCGP

Level of complaints
Administrative Level Review Level.

Administrative Level
PE (PD/PM/PO/AO) issuing TD/RFP; HOPE; Secretary.

Review Panel
Only when a person has exhausted all his or her options of complaints at the administrative level.

Administrative Level: PE
A person submits complaints in writing within 7 CD of awareness of the circumstances to PE issuing TD/RFP; PE has 5 WD to consider the complaint and state the reasons for this rejection or take any corrective actions; If not satisfied, the complainant addresses the same complaint to HOPE within subsequent three WD after elapse of 5 WD from the date of lodging the complaint to PE.

Administrative Level: HOPE

The Chairperson/Member of the TEC/PEC must forward the complaint to the concerned Secretary within 3 WD keeping the complainant informed; If under purview, the HOPE shall issue a decision to the complainant within 5 WD:
Stating the reason for rejection; or Indicating any corrective measures.

If not satisfied, the complainant addresses the same complaint to the Secretary of the Ministry within subsequent 7 WD after elapse of 5 WD from the date of lodging the complaint to HOPE.

Administrative Level: Secretary

Decides within 5 WD as to:
Rejection of the complaint stating reasons; Indicating corrective measures taken
Informing the complainant and keeping the PE and CPTU posted

If the complainant is not satisfied with the decision of the Secretary, he or she may appeal for the complaint to the review panel within 7 WD of the receipt of such decision from the Secretary.

Administrative to Review Panel

Options for complaints at the administrative level once exhausted dissatisfied, the complainant may appeal to review panel.

Modes of complain to RP
Addressed to chairperson RP duly sealed and confidential through DG, CPTU; Cover letter to DG, CPTU shall mention the type of complaint; Appeal shall include the registration fee and SD of specified amount in favour of DG, CPTU; Opened only by the Chairperson,RP

Fees and SD
Below 10 m RF TK. 10,000 and SD TK. 50,000 From 10 m to 50 m RF TK. 15,000 & SD TK. 1,00,000; From 50 m to 100m RF TK. 20,000 and SD TK. 2,00,000; Above 100m RF TK. 25,000 and SD TK. 5,00,000 For complaints on issues prior to Tender opening, RF TK. 10,000 & SD TK. 50,000

Review panel formation

CPTU establishes a list of wellk-nown specialists with maximum of 10 from each of:
Legal experts; Technical expert in PP; Specialist in contract management (FBCCI)

Review panel formation

Each RP shall have a minimum of 3 member of whom one will the chair; Each RP shall have at least one member from each of the categories; No officer of the republic is eligible to be included.

Appointment
By CPTU (members and Chair) with TOR with approval of the M/O planning; RP may request the CPTU for co-opt 2 m2wmbers from the list of specialist on a case by case basis.

Processing of complaint
Up on receipt of the SD and RF CPTU selects the RP on a rotational basis within 5 WD; No complaint will be entertained without RF and SD.