49  Determination of situations when complaints may be filed

49.1 Formal complaints may be lodged by Applicants, Shortlisted Bidders or Bidders under the following circumstances:

a)  In case of Invitation for Bid (IFB):

i.  failure to adhere to the advertisement requirements set out in Guideline 17; or

ii.  failure of the Contacting Authority to respond to a relevant request for clarification from a Registered Entity 10 (ten) Days prior to the Due Date; or

iii.  allegation (on the basis of reasonable grounds) of possible corrupt, fraudulent, collusive, or coercive practices as provided in Guideline 33.2; or

iv.  failure to hold a stipulated Pre-Bid Meeting; or

v.  failure to open all the Bids which were received prior to the Due Date; or

vi.  opening of the Financial Bids at the same time as the opening of the Technical Bids; or

vii.  failure by the Evaluation Committee to evaluate the Bids in compliance with the evaluation criteria stated in the IFB document; or

viii.  allegation (on the basis of reasonable grounds) of unfair and erroneous award of the PPP Contract.

b)  In case of Request for Qualification (RFQ):

i.  failure to adhere to the advertisement requirements set out in Guideline 17; or

ii.  failure of the Contacting Authority to respond to a relevant request for clarification from a Registered Entity 10 (ten) Days prior to the Due Date; or

iii.  failure of the Evaluation Committee to evaluate the qualifications in the light of criteria stated in the RFQ or where there has been perceived unfair denial of pre-qualification; or

iv.  allegation (on the basis of reasonable grounds) of possible corrupt, fraudulent, collusive, or coercive practices as provided in Guideline 33.2; or

v.  failure to hold a stipulated Pre-Application Meeting; or

vi.  failure to open all the Applications which were received prior to the Due Date.

c)  In case of Request for Proposal (RFP):

i.  failure of the Contacting Authority to respond to a relevant request for clarification from a Shortlisted Bidder 10 (ten) Days prior to the Due Date; or

ii.  allegation (on the basis of reasonable grounds) of possible corrupt, fraudulent, collusive, or coercive practices as provided in Guideline 33.2; or

iii.  failure to hold a stipulated Pre-Proposal Meeting; or

iv.  failure to open all the Proposals which were received prior to the Due Date; or

v.  opening of the Financial Proposals at the same time as the opening of the Technical Proposals; or

vi.  failure by the Evaluation Committee to evaluate the Proposals in compliance with the evaluation criteria stated in the RFP document; or

vii.  allegation (on the basis of reasonable grounds) of unfair and erroneous award of the PPP Contract.