Administrative Review
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Administrative Review Process
An aggrieved bidder in a procurement process who is dissatisfied with the bidding proceedings may seek redress through the following step-by-step administrative review process:
1. Complaint to the Accounting Officer
- Submit a written complaint to the Accounting Officer of the Procuring Entity within 15 working days of the disputed action.
- The Accounting Officer must make a decision within 15 working days.
- If the bidder is not satisfied with the decision, a further complaint may be submitted to the Bureau within 10 working days.
2. Review by the Bureau
The Bureau shall promptly handle the complaint through the following steps:
- Issue a formal notice to the procuring entity.
- If the complaint is not dismissed, the Bureau may:
- Prohibit the procuring entity from taking any further action.
- Nullify, in whole or in part, any unlawful act or decision made.
- Declare applicable rules or principles that govern the complaint.
- Revise an improper decision or substitute it with the Bureau’s decision.
- The Bureau must render its decision within 21 working days.
3. Mediation
If dissatisfied with the Bureau’s decision, the aggrieved bidder may refer the matter to a single mediator for resolution—no legal representation required.
4. Arbitration
If still unsatisfied after mediation, the bidder may escalate the complaint to a single arbitrator.
Note: Where parties cannot agree on an arbitrator, one shall be nominated by the President of a professional body related to the dispute. This decision is final.
This process underscores a firm commitment to transparency, equity, and due process in procurement resolution.