Common use of Domestic Review Procedures for Supplier Challenges Clause in Contracts

Domestic Review Procedures for Supplier Challenges. 1. Each Party shall ensure that its procuring entities accord impartial and timely consideration to any complaints from suppliers regarding an alleged breach of this Chapter arising in the context of a covered procurement in which they have, or have had, an interest. Each Party shall encourage suppliers to seek clarification from its procuring entities through consultations with a view to facilitating the resolution of any such complaints. 2. Each Party shall provide a timely, effective, transparent, and non-discriminatory administrative or judicial review procedure in accordance with the due process principle through which a supplier may challenge alleged breaches of this Chapter arising in the context of covered procurements in which the supplier has, or has had, an interest. 3. Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its procuring entities to receive and review a challenge by a supplier arising in the context of a covered procurement, and to make appropriate findings and recommendations. 4. Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge, which in no case shall be less than 10 days from the time when the basis of the challenge became known or reasonably should have become known to the supplier. 5. Where a body, other than an authority referred to in paragraph 3, initially reviews a challenge, the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or judicial authority that is independent of the procuring entity whose procurement is the subject of the challenge.