Common use of Appeals Clause in Contracts

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 3 contracts

Sources: Rate Contract, Rate Contract for Various Surveillance Items, Rate Contract for Supply, Installation and Commissioning

Appeals. a) 1. Subject to “Appeal not to lie in certain cases” belowsection 4 of RTPP Act, 2012, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the this Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 ten days or such other period as may be specified in the pre-qualification documents, bidder registration documents or bidding documents, as the case may be, from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. : Provided that after the declaration of a bidder as successful in terms of “Award of Contract”section 27of RTPP Act, 2012 , the appeal may be filed only by a bidder who has participated in procurement proceedings: b. . Provided further that in case a procuring entity evaluates the technical Bid bid before the opening of the financial Bidbid, an appeal related to the matter of financial Bid bid may be filed only by a bidder whose technical Bid bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) 2. If the officer designated under sub-section (a1) above fails to dispose of the appeal filed under that sub-section within the period specified in subsection (c) above3), or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passedpassed under sub section (2), the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 fifteen days from the expiry of the 31 period specified in sub-section (c3) above or of the date of receipt of the order passed under sub-section (b) above2), as the case may be. d) The officer or authority to which 3. Every appeal shall be accompanied by an appeal is filed under (c) above shall deal with order appealed against, if any, affidavit verifying the facts stated in the appeal as expeditiously as possible and shall endeavour to dispose it proof of within 30 days from the date payment of filing of the appeal:fee. e) The officer or authority to which an 4. Every appeal may be filed under (a) or (d) above shall be : presented to First Appellate Authority: Principal Secretary, IT&C, GoR Authority or Second Appellate Authority: Secretary (Budget), Finance Departmentas the case may be, GoRin person or through registered post or authorised representative. 5. Fee for filing appeal a. Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall be rupees ten thousand, which shall be non-refundable. b. The fee shall be paid in the form of bank demand draft or banker’s cheque of a Scheduled Bank payable in the name of Appellate Authority concerned. 6. Whoever intentionally files any vexatious, frivolous or malicious appeal or complaint with the intention of delaying or defeating any procurement or causing loss to any procuring entity or any other bidder, shall be punished with fine which may extend to twenty lakh rupees or five per cent of the value of procurement, whichever is less. .

Appears in 3 contracts

Sources: Rate Contract RFP for Development and FMS of Web Portals & Websites in Aem, Rate Contract RFP for Development and FMS of Web Portals & Websites in Aem, Rate Contract RFP for Development and FMS of Web Portals & Websites in Aem

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget)Principal Secretary, Finance Department, GoR

Appears in 3 contracts

Sources: Rate Contract for Supply of Digital Signature Certificates and Server SSL Certificates, Rate Contract for Supply of Digital Signature Certificates and Server SSL Certificates, Rate Contract for Supply of Digital Signature Certificates and Server SSL Certificates

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, Secretary or as determined by GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 3 contracts

Sources: Rate Contract for Security Audit, Rate Contract for Security Audit, Rate Contract for Security Audit

Appeals. a(i) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. 1) Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. 2) Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b(ii) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c(iii) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d(iv) The officer or authority to which an appeal is filed under (c) I above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e(v) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary/ Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 2 contracts

Sources: Rate Contract, Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Rate Contract for Selection of Logistic Partner for e-Bazaar Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Finance Secretary (Budget), Finance Department, GoRGoR.

Appears in 2 contracts

Sources: Rate Contract for Selection of Logistic Partner, Rate Contract for Selection of Logistic Partner

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 <10> days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Joint Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget)Commissioner & Special Secretary, Finance DepartmentIT&C, GoR f) Form of Appeal: a. Every appeal under (a) and (c) above shall be as per Annexure-16 along with as many copies as there are respondents in the appeal. b. Every appeal shall be accompanied by an order appealed against, if any, affidavit verifying the facts stated in the appeal and proof of payment of fee. c. Every appeal may be presented to First Appellate Authority or Second Appellate Authority, as the case may be, in person or through registered post or authorised representative. g) Fee for Appeal: Fee for filing appeal: a. Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall be rupees ten thousand, which shall be non-refundable. b. The fee shall be paid in the form of bank demand draft or banker’s cheque of a Scheduled Bank payable in the name of Appellate Authority concerned. h) Procedure for disposal of appeal: a. The First Appellate Authority or Second Appellate Authority, as the case may be, upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and documents, if any, to the respondents and fix date of hearing. b. On the date fixed for hearing, the First Appellate Authority or Second Appellate Authority, as the case may be, shall,- i. hear all the parties to appeal present before him; and ii. peruse or inspect documents, relevant records or copies thereof relating to the matter. c. After hearing the parties, perusal or inspection of documents and relevant records or copies thereof relating to the matter, the Appellate Authority concerned shall pass an order in writing and provide the copy of order to the parties to appeal free of cost. d. The order passed under (c) shall also be placed on the State Public Procurement Portal. i) No information which would impair the protection of essential security interests of India, or impede the enforcement of law or fair competition, or prejudice the legitimate commercial interests of the bidder or the procuring entity, shall be disclosed in a proceeding under an appeal.

Appears in 2 contracts

Sources: Rate Contract for Supply of Usb Cryptographic Tokens, Rate Contract for Supply of Usb Cryptographic Tokens

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 <10> days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 2 contracts

Sources: Rate Contract, Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section subsection within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) I above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be be: First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 2 contracts

Sources: Rate Contract for Supply, Installation, Commissioning and Maintenance of GPS Devices, Rate Contract for Supply, Installation, Commissioning and Maintenance of GPS Devices

Appeals. aWhere a regular employee receives a performance evaluation which gives an overall rating of below standard, he/she may appeal the rating as follows: A. The employee shall be entitled to union representation in the following meetings. “Union representation” shall mean up to one ▇▇▇▇▇▇▇ and one union employee as representation. The Court will provide release time for only one Court employee to provide representation. B. Within ten (10) Subject working days of receiving the evaluation, the employee may request a meeting with his/her manager to “Appeal not review the overall rating of below standard. Such meeting shall be held only if the employee has first met with the original evaluator in an effort to lie resolve any differences regarding the evaluation rating. The employee’s request to meet with his/her manager shall be in certain cases” below, if any bidder or prospective bidder writing. The manager may ask the evaluator to attend as well. ▇. If the employee is aggrieved that any decision, action or omission unsatisfied with the result of the procuring entity is in contravention to meeting with his/her manager, the provisions employee may, within ten (10) working days of the Act or meeting with his/her manager, request a meeting with the rules or guidelines issued thereunderCourt Human Resources Director to review the overall rating of below standard. The employee’s request to meet with the Court Human Resources Director shall be in writing. The Court Human Resources Director may ask the evaluator and/or the employee’s manager to attend the meeting as well. D. If the employee is unsatisfied with the result of his/her meeting with the Court Human Resources Director, he may file an appeal to such officer the employee may, within ten (10) working days of the procuring entitymeeting with the Court Human Resources Director, request a meeting with the Court Executive Officer to review the overall rating of below standard. The employee’s request to meet with the Court Executive Officer shall be in writing, and the employee shall file a copy of his/her request with the Court Human Resources Director. E. The Court Executive Officer shall review the facts and order such action as he/she determines is appropriate. His/her decision shall be final. F. If an employee initiates the appeal process outlined above, his/her evaluation shall not be placed in his/her personnel file until after the appeal is concluded. The appeal shall be considered concluded either (1) when the employee does not request a meeting at any of the levels described above within the stated time periods; or (2) if the employee pursues his/her appeal up to and including the meeting with the Court Executive Officer, when the Court Executive Officer makes his/her decision. G. The term “review”, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government used in this behalf within 15 days from the expiry section, is defined as a fact finding examination for purposes of the period specified in (c) above or detecting and correcting any abuse of the date of receipt of the order passed under (b) above, as the case may bediscretion. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Memorandum of Understanding

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be.. Rate Contract for Proc. of MS-Exchange Server Licenses, Device CALs including Support Services d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget)Principal Secretary, Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie You may appeal, in certain cases” belowwriting, if any bidder or prospective bidder is aggrieved that any decision, action or omission against the decision made within 10 working days of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) decision. • Under sanctions 1 – 3 above, you should write to theStudent Accommodation Manager. • Under sanction 4 you should send your appeal in writing to the Director of Property & Facilities. • Under sanction 5, you may appeal to the University Secretary. The appeal against a decision made as a result of the case disciplinary procedure under the sanctions noted above, may be. d) be made on the following grounds:  The officer or authority to which an appeal is filed under (c) above shall deal penalty was out with the appeal scope of the Regulations.  There was a procedural irregularity in the process undertaken which materially influenced the final decision.  The decision reached was unreasonable as expeditiously as possible a result of the Authorised Officer’s actions or omissions.  The penalty imposed was unreasonable or in excess of the penalties specified.  New evidence is available which might have caused the hearing to reach a different conclusion but could not have been made available at the time of the hearing.  You may appeal, in writing, against a charge issued outwith the scope of a disciplinary hearing, to the Accommodation Officer within 5 working days. Arbitration 27 In the event of any dispute or difference arising between the Landlord and the Tenant with regard to this Tenancy Agreement, the same shall endeavour be and is hereby referred to dispose it the decision of within 30 days from one arbiter to be mutually appointed or in the event of the Landlord and Tenant failing to agree upon the arbiter to be appointed then the arbiter shall be appointed by the Sheriff at Edinburgh on the application of either of the parties or their representatives. Tenancy Agreement - Acknowledgment of Legally Binding Contract 28 I the Tenant understand that the contract I am entering into by virtue of this Tenancy Agreement is a legally binding contract and will endure until the Tenancy Agreement terminates on the contractual date of filing termination stated on the first page of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoRthis Tenancy Agreement.

Appears in 1 contract

Sources: Tenancy Agreement

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable.. Rate contract for Printing and Delivery of PVC Cards and other documents (After Pre-Bid) b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal SecretaryPrincipalSecretary, IT&C, GoR Second Appellate Authority: Secretary finance (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid bid before the opening of the financial Bidbid, an appeal related to the matter of financial Bid bid may be filed only by a bidder whose technical Bid bid is found to be acceptable.. Rate contract for procurement of security Holograms b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal SecretaryChairman, IT&C, GoR RISL Second Appellate Authority: Secretary (Budget)Principal Secretary, Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved:aggrieved:‌ a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoRGoR.

Appears in 1 contract

Sources: Rate Contract for Logistic Aggregator

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary/ Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget)Principal Secretary, Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget)Principal Secretary, Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract for Supply of PVC Card Printers

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Finance Secretary (Budget), Finance Department, GoRGoR.

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid bid before the opening of the financial Bidbid, an appeal related to the matter of financial Bid bid may be filed only by a bidder whose technical Bid bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the Rate Contract for Photostat, Scanning, Binding & other Job works for One Year period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be be: First Appellate Authority: Chairman, RISL Second Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 <10> days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal.. Rate Contract for Setting up of Interactive Digital Amusement Gallery at Permanent Centers (Digital Museum) c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunderthere under, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal SecretarySecretary & Commissioner, IT&C, GoR Second Appellate Authority: Secretary (Budget)Principal Secretary, Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 5 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order ord er passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget)Secretary, Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract for Hiring of Legal Professional Services

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as Rate Contract for Supply of Digital Signature Certificates (with USB Tokens) and Server SSL Certificates the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget)Principal Secretary, Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract for Supply of Digital Signature Certificates and Server SSL Certificates

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR IT Second Appellate Authority: Secretary (Budget), ) Finance Department, GoRDept.

Appears in 1 contract

Sources: Single Source Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 <10> days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings:: Rate Contract for Setting up of Interactive Digital Amusement Gallery during various events b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour endeavor to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such Rate Contract for Supply, Installation, commissioning and FMS of Edge equipment’s under Surveillance and Incident Response Project in the State of Rajasthan officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract for Supply, Installation, Commissioning and FMS of Edge Equipment

Appeals. a) A Subject Actuary against whom a decision of private reprimand, public reprimand, suspension, or expulsion has been rendered shall be entitled to “Appeal appeal such a decision on the grounds of a material procedural error by the Disciplinary Panel, or the existence of new evidence that was not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of reasonably available during the procuring entity is in contravention Disciplinary Panel proceedings. Appeals shall be subject to the provisions following: A. The notice of appeal shall be in writing, and shall state the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it specific grounds for the purpose, within a period of 10 days appeal. B. The Council shall select an Appeal Panel from the date of such decision or action, omission, Pool meeting the same selection criteria as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration those set forth in Section 3 for Disciplinary Panels. No member of a bidder as successful in terms of “Award of Contract”, Disciplinary Panel may serve on the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates Appeal Panel considering the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptablesame matter. bC. All rights and privileges of membership in the Subject Actuary’s Party organization(s) The officer to whom an appeal is filed under (a) above shall deal with be retained during the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing pendency of the appeal. cD. The Subject Actuary may appear personally and with counsel (at the Subject Actuary’s expense) If the officer designated under (a) above fails to dispose before a hearing of the appeal filed under Appeal Panel to explain the Subject Actuary’s position concerning the Disciplinary Panel’s determination and the basis for appeal. The role of the Subject Actuary’s counsel shall be limited to advising the Subject Actuary and articulating appropriate legal objections; the role of the Appeal Panel’s counsel shall be similarly limited. A hearing need not be held if both the Subject Actuary and the Appeal Panel agree that sub-section within it not be held. E. The scope of the period specified Appeal Panel’s review shall be limited to determining whether there was a material procedural error in (c) abovethe Disciplinary Panel proceedings, or if whether new evidence exists that was not reasonably available during the bidder Disciplinary Panel proceedings. The decision of the Disciplinary Panel may be affirmed, or prospective bidder or remanded to the procuring entity Disciplinary Panel with instructions for further proceedings. In the case of a remand, the matter shall be remanded to the Disciplinary Panel that previously considered the matter, unless the matter is aggrieved remanded due to a procedural defect in the composition of the original Disciplinary Panel, in which case the matter shall be remanded to a new Disciplinary Panel convened by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry Council. An action of the period specified Appeal Panel requires a simple majority vote of the entire membership of the Appeal Panel. F. The decision of the Appeal Panel to affirm a Disciplinary Panel decision shall be effective on the date the appeal is decided. However, in (cthe event the Appeal Panel decision affirms a suspension of greater than two years or an expulsion, such decision shall be referred to the Party organization(s) above of which the Subject Actuary is a member for a final disciplinary decision. The organization may affirm the decision, or reduce the discipline to no less than a suspension of two years. Such action shall be effective on the date of receipt of the order passed under (b) above, as the case may beorganization’s decision. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Joint Discipline Agreement

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Rate Contract for GPU based Workstations for WS&APS with Five Years O&M Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoRGoR.

Appears in 1 contract

Sources: Rate Contract for Gpu Based Workstations for Ws&aps With Five Years O&m

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, ,” the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : : a. First Appellate Authority: Principal Secretary, Commissioner IT&C, GoR GoR. b. Second Appellate Authority: Additional Chief Secretary (Budget), Finance DepartmentIT&C, GoRGoR.

Appears in 1 contract

Sources: Rate Contract for Supply of Usb Cryptographic Token

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) I above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary/ Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget)Principal Secretary, Finance Department, GoR

Appears in 1 contract

Sources: Supply Agreement

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget)Principal Secretary, Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract for Supply & Installation of Software

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be.. Final RFP-Rate Contract for Selection of Logistic Partner for e-Bazaar d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoRGoR.

Appears in 1 contract

Sources: Rate Contract for Logistic Partner

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 1 contract

Sources: RFP for Supply, Installation and Customization of Gis Based Integrated Work Flow Management System

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder The Employee or prospective bidder is aggrieved that any decision, action or omission Union may appeal the results of the procuring entity is in contravention audit decision by the Chief Deputy Circuit Clerk, appealing to the provisions Circuit Clerk. Such appeal shall be commenced by the Employee or Union by filing with the Chief Deputy Circuit Clerk a notice of appeal of said decision in writing within ten (10) working days after receipt of notice of the Act decision. The Circuit Clerk shall meet with the Employee or Union within thirty (30) days after receipt of notice of the rules or guidelines issued thereunderappeal and shall issue a decision in writing within ten (10) working days after such meeting. The Union may appeal the decision of the Circuit Clerk by requesting mediation of same with the FMCS. The Parties will meet with the FMCS mediator in attempt to reach compromise. In the event the Parties do not come to compromise, he the decision of the Circuit Clerk shall be final. NEW POSITIONS: Where job audits are conducted to evaluate whether a new position should be established, and such is to be established, the Employer will submit a written job description and a proposed pay grade to the Union. Should the Employer and Union not be able to reach agreement on the new job description and the pay grade for the newly established position within thirty (30) days, the Union may file an appeal to such officer of a grievance at the procuring entity, as may be designated by it for the purpose, third step within a period of 10 ten (10) working days from the date end of the thirty (30) day period. The incumbents in an existing position classification whose duties are encompassed within the new job description shall be reclassified accordingly. Training will be provided to enable the incumbents to perform any expanded duties included in the new job description. Thereafter, permanent vacancies in the new position classification shall be posted as permanent vacancies. Additionally, the audit procedures may be used to re-title or reclassify an entire class of positions wherein the job duties and responsibilities of such decision or actionclass of positions have changed and increased over time. INCUMBENT’S RIGHTS: When requirements for a class are reviewed and changed and the duties and responsibilities of positions comprising the class remain essentially unchanged, omission, as incumbents in these positions who qualified under the case may be, clearly giving previous requirements for the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above class shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoRconsidered qualified under the new requirements.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (cII(c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, DoIT&C or as determined by GoR Second Appellate Authority: Secretary Finance Department,▇▇▇▇&▇,GoR f) Form of Appeal: a. Every appeal under (Budgeta) and (c) above shall be as per Annexure-15 along with as many copies as there are respondents in the appeal. RISL Final Rate Contract for Establishing Smart Classroom (After Pre-bid) b. Every appeal shall be accompanied by an order appealed against, Finance Departmentif any, GoRaffidavit verifying the facts stated in the appeal and proof of payment of fee. c. Every appeal may be presented to First Appellate Authority or Second Appellate Authority, as the case may be, in person or through registered post or authorised representative. g) Fee for Appeal: Fee for filing appeal: a. Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall be rupees ten thousand, which shall be non-refundable. b. The fee shall be paid in the form of bank demand draft or banker‟s cheque of a Scheduled Bank payable in the name of Appellate Authority concerned. h) Procedure for disposal of appeal: a. The First Appellate Authority or Second Appellate Authority, as the case may be, upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and documents, if any, to the respondents and fix date of hearing. b. On the date fixed for hearing, the First Appellate Authority or Second Appellate Authority, as the case may be, shall,- i. hear all the parties to appeal present before him; and ii. peruse or inspect documents, relevant records or copies thereof relating to the matter. c. After hearing the parties, perusal or inspection of documents and relevant records or copies thereof relating to the matter, the Appellate Authority concerned shall pass an order in writing and provide the copy of order to the parties to appeal free of cost. d. The order passIIer (c) shall also be placed on the State Public Procurement Portal. i) No information which would impair the protection of essential security interests of India, or impede the enforcement of law or fair competition, or prejudice the legitimate commercial interests of the bidder or the procuring entity, shall be disclosed in a proceeding under an appeal.

Appears in 1 contract

Sources: Rate Contract

Appeals. a) A Subject Actuary against whom a recommendation of private reprimand, public reprimand, suspension, or expulsion has been made shall be entitled to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any appeal such a decision, action or omission . The Subject Actuary may appeal the recommendation of the procuring entity Hearing Panel on the grounds of a material procedural error in the Hearing Panel proceedings, a material factual error by the Hearing Panel evident from the record of the proceedings, a material misconstruction or misapplication of the Code of Professional Conduct (the “Code”) by the Hearing Panel or the existence of new evidence that was not reasonably available during the Hearing Panel proceedings. The Council shall dismiss any appeal that is in contravention not based upon one of these grounds. Appeals shall be subject to the provisions following: A. The notice of appeal shall be in writing, shall state the specific grounds for the appeal and must be submitted within thirty (30) days of the Act or date on which the rules or guidelines issued thereunder, he may file an appeal to such officer Hearing Panel recommends disciplinary action; B. The Presidents and Presidents-Elect of the procuring entity, as may be designated by it for Parties of which the purpose, within Subject Actuary is a period of 10 days member shall select an Appeal Panel from the date Pool under the same procedures, meeting the same selection criteria, and subject to the same right of such decision or actionobjection, omission, all as set forth in Section 3 for Hearing Panels. No member of a Hearing Panel may serve on the case may be, clearly giving Appeal Panel considering the specific ground or grounds on same matter. C. The Subject Actuary shall retain all rights and privileges of membership in the Parties of which he feels aggrieved: a. Provided that after or she is a member during the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing pendency of the appeal. cD. The Subject Actuary may appear personally and with counsel (at the Subject Actuary’s expense) If the officer designated under (a) above fails to dispose before a hearing of the appeal filed under Appeal Panel to explain the Subject Actuary’s position concerning the Hearing Panel’s recommendation and the basis for appeal. The role of the Subject Actuary’s counsel shall be limited to advising the Subject Actuary and articulating appropriate procedural objections; the role of the Appeal Panel’s counsel shall be similarly limited. A hearing need not be held if both the Subject Actuary and the Appeal Panel agree that sub-section within it not be held. E. The scope of the period specified Appeal Panel’s review shall be limited to determining whether there was (i) a material procedural error in the Hearing Panel proceedings, (cii) above, or if the bidder or prospective bidder or the procuring entity is aggrieved a material factual error by the order passedHearing Panel evident from the record of the proceedings, (iii) a material misconstruction or misapplication of the Code or (iv) the existence of new evidence that was not reasonably available during the Hearing Panel proceedings. The recommendation of the Hearing Panel may be affirmed, reversed or vacated. Any decision reversing or vacating the recommendation of the Hearing Panel may be remanded to the Hearing Panel with instructions for further proceedings if in the opinion of the Appeal Panel such further proceedings are necessary. In the case of a remand, the bidder or prospective bidder or matter shall be remanded to the procuring entityHearing Panel that previously considered the matter, as unless the matter is remanded due to a procedural defect in the composition of the original Hearing Panel, in which case may be, may file the matter shall be remanded to a second appeal to an officer or authority designated new Hearing Panel convened by the State Government in this behalf within 15 days from the expiry Presidents and Presidents-Elect of the period specified in (c) above or Parties of which the Subject Actuary is a member. An action of the date of receipt Appeal Panel requires a simple majority vote of the order passed under (b) above, as entire membership of the case may beAppeal Panel. d) F. The officer or authority decision of the Appeal Panel to which an affirm a Hearing Panel recommendation shall be effective on the date the appeal is filed under (c) above shall deal with the appeal as expeditiously as possible decided and shall endeavour be promptly referred to dispose it the Parties of within 30 days from which the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoRSubject Actuary is a member for disposition.

Appears in 1 contract

Sources: Joint Discipline Agreement

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved:: Rate Contract for Supply, Installation, commissioning and FMS of Edge equipment’s under Surveillance and Incident Response Project in the State of Rajasthan (After Pre-bid) a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract for Supply, Installation, Commissioning and FMS of Edge Equipment

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Finance Secretary (Budget), Finance Department, GoRGoR. f) Form of Appeal: Rate Contract for Selection of Logistic Partner for e-Bazaar a. Every appeal under (a) and (c) above shall be as per Annexure-15 along with as many copies as there are respondents in the appeal. b. Every appeal shall be accompanied by an order appealed against, if any, affidavit verifying the facts stated in the appeal and proof of payment of fee. c. Every appeal may be presented to First Appellate Authority or Second Appellate Authority, as the case may be, in person or through registered post or authorised representative.

Appears in 1 contract

Sources: Rate Contract for Selection of Logistic Partner

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget)Principal Secretary, Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract for Supply, Installation and FMS of Edge Equipment’s Under City Surveillance Projects

Appeals. a) Subject to “Appeal not to lie You may appeal, in certain cases” belowwriting, if any bidder or prospective bidder is aggrieved that any decision, action or omission against the decision made within 5 working days of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) decision. It is anticipated that the results of your appeal will be confirmed, in writing, within 5 working days. • Under sanctions 1 – 3 above, you should write to the Student Accommodation Manager. • Under sanction 4 you should send your appeal in writing to the Director of Property & Facilities. A panel will be convened to consider the appeal. • Under sanction 5, you may appeal to the University Secretary. The appeal against a decision made as a result of the case disciplinary procedure under the sanctions noted above, may be. d) be made on the following grounds: • The officer or authority to which an appeal is filed under (c) above shall deal penalty was out with the appeal scope of the Regulations. • There was a procedural irregularity in the process undertaken which materially influenced the final decision. • The decision reached was unreasonable as expeditiously as possible a result of the Authorised Officers actions or omissions. • The penalty imposed was unreasonable or in excess of the penalties specified. • New evidence is available which might have caused the hearing to reach a different conclusion but could not have been made available at the time of the hearing. • You may appeal, in writing, against a charge issued out with the scope of a disciplinary hearing, to the Accommodation Manager within 5 working days. Arbitration 27 In the event of any dispute or difference arising between the Landlord and the Tenant with regard to this Tenancy Agreement, the same shall endeavour be and is hereby referred to dispose it the decision of within 30 days from one arbiter to be mutually appointed or in the event of the Landlord and Tenant failing to agree upon the arbiter to be appointed then the arbiter shall be appointed by the Sheriff at Edinburgh on the application of either of the parties or their representatives. Tenancy Agreement - Acknowledgment of Legally Binding Contract 28 I, the Tenant, understand that the contract I am entering into by virtue of this Tenancy Agreement is a legally binding contract and will endure until the Tenancy Agreement terminates on the contractual date of filing termination stated on the first page of this Tenancy Agreement. When I have signed this Tenancy Agreement, I understand that I am legally bound by it. I understand that entering a contract for alternative accommodation will not be sufficient grounds to entitle me to terminate this Tenancy Agreement. I have read this document and the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal SecretaryCode of Conduct and in particular clauses 24, IT&C25, GoR Second Appellate Authority: Secretary (Budget)26 and 27 thereof, Finance Department, GoRand I hereby accept the terms and conditions contained therein.

Appears in 1 contract

Sources: Tenancy Agreement

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder Bidder(s) or prospective bidder Bidder(s) is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder Bidder(s) as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder Bidder(s) who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder Bidder(s) whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder Bidder(s) or prospective bidder Bidder(s) or the procuring entity is aggrieved by the order passed, the bidder Bidder(s) or prospective bidder Bidder(s) or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary/ Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract for Comprehensive Maintenance of Optical Fiber Cable Network

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunderthere under, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&CDepartment of Agriculture, GoR Second Appellate Authority: Secretary (Budget)Principal Secretary, Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunderthere under, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (cb) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (cb) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&CDepartment of Agriculture, GoR Second Appellate Authority: Secretary Secretary, Finance (Budget), Finance ) Department, GoR

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 <10> days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable.. Rate Contract for Setting up of Interactive Digital Amusement Gallery during various events b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-sub- section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract for Supply & Installation of Antivirus Software and SSL Certificates

Appeals. (a) Subject If a party to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission a Dispute disagrees with a determination of the procuring entity is in contravention Dispute Resolutions Group made pursuant to clause 10.2, that party may refer that Dispute to the provisions GNGB Board for determination, provided that such referral is made within10 Business Days of the Act or applicable Dispute Resolution Certificate being issued by the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptableDispute Resolution Group. (b) The officer GNGB Board will consider a Dispute referred to whom an appeal it pursuant to clause 10.3(a) (including undertaking reasonable consultation with, and accepting and considering submissions from, all parties to the Dispute) at the next occurring meeting of the GNGB Board (unless the GNGB Board has not received reasonably sufficient notice of the Dispute prior to the next occurring meeting, in which case the Dispute will be considered at the subsequent meeting) and will, by written notice to the parties to the Dispute, make a determination as to the Dispute and such determination will, subject to any contrary determination pursuant to clause 10.3(c), be binding on the parties to that Dispute. Notwithstanding the foregoing, if there is filed under (a) above shall deal with no scheduled meeting of the appeal as expeditiously as possible and shall GNGB Board within [30] days of the date that a Dispute is referred to the GNGB Board, GNGB will endeavour to dispose it of within 30 days from the date of filing convene a meeting of the appealGNGB Board for the purposes of considering that Dispute as soon as reasonably practicable. (c) If the officer designated under (a) above fails a party to dispose a Dispute disagrees with a determination of the appeal filed under GNGB Board made pursuant to clause 10.3(b) that sub-section party may refer that Dispute to arbitration by an independent arbitrator, provided that such referral is made within 10 Business Days of the period specified GNGB Board making its determination. Arbitration must be conducted in accordance with the Australian Centre for International Commercial Arbitration (cACICA) Expedited Arbitration Rules. The seat and place of arbitration shall be Sydney, Australia and the language of the arbitration shall be English. The parties to the dispute will each bear their own costs in respect of the arbitration process, unless otherwise determined by the arbitrator. (d) Notwithstanding any referral pursuant to clause 10.3(a) or 10.3(c), a determination made pursuant to clause 10.2 or 10.3(b) (as applicable) subject to clause 10.3(e) below, remains binding on the parties to the relevant Dispute until a contrary determination is made pursuant to clause 10.3(b) or 10.3(c) (as applicable). (e) In circumstances in which a party to a Dispute disagrees with a determination, in relation to that Dispute, of: (i) the Dispute Resolutions Group made pursuant to clause 10.2 and refers that Dispute to the GNGB Board for determination in accordance with clause 10.3(a); or (ii) the GNGB Board made pursuant to clause 10.3(b) and refers that Dispute to arbitration by an independent arbitrator in accordance with clause 10.3(c), that party to the Dispute may, at the time of the relevant referral, make a request to (in the case of paragraph (i) above, or if ) the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (aDispute Resolutions Group) or (din the case of paragraph (ii) above shall above) the GNGB Board, to suspend the coming into effect of some or all parts of the relevant determination, pending the outcome of the applicable referral. The Dispute Resolutions Group or the GNGB Board (as applicable) will consider any such request(s) in good faith, but will retain sole discretion in relation to whether or not to grant a request (and the terms on which such request may be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Secretary (Budgetgranted), Finance Department, GoR.

Appears in 1 contract

Sources: Memorandum of Understanding

Appeals. a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal SecretaryPrincipalSecretary, IT&C, GoR Rate contract for Printing and Delivery of PVC Cards and other documents (Before Pre-Bid) Second Appellate Authority: Secretary finance (Budget), Finance Department, GoR

Appears in 1 contract

Sources: Rate Contract