50.1 An aggrieved Applicant, Shortlisted Bidder or Bidder shall submit his/her complaint in writing within 5 (five) Days from the date of becoming aware or from a date he/she should have become aware of the circumstances giving rise to the complaint.
50.2 In the first instance, the aggrieved Applicant, Shortlisted Bidder or Bidder shall submit his/her complaint in writing to the Head of the Contracting Authority who shall -
a) If he/she is a member or chairman of the Evaluation Committee, forward the complaint to the secretary of the Applicable Line Ministry within 7 (seven) Days of receiving the complaint, advising the Applicant, Shortlisted Bidder or Bidder that the complaint has been so forwarded.
b) If he/she is in a position to accept the complaint, then he/she shall consider the subject matter of the complaint and decide whether to reject the complaint or to take any corrective action. In the event that any clarification is required, the Head of the Contracting Authority shall seek clarifications from the aggrieved Applicant, Shortlisted Bidder or Bidder within 10 (ten) Days of receiving the complaint. The Head of the Contracting Authority shall, within 30 (thirty) working days of receiving the complaint, issue a final written decision to the aggrieved Applicant, Shortlisted Bidder or Bidder, stating either the reasons for the rejection of the complaint or advising what corrective actions have been or will be taken.
50.3 If the aggrieved Applicant, Shortlisted Bidder or Bidder is not satisfied with the written decision, taken under Guideline 50.2, and wishes to pursue its complaint, or if the Head of the Contracting Authority fails to provide the written decision with a period of 30 (thirty) working days of receiving the complaint, the aggrieved Applicant, Shortlisted Bidder or Bidder may submit the complaint to the PPP Authority ("Appeals Authority") within 10 (ten) Days of receiving the decision of the Head of the Contracting Authority. The aggrieved Applicant, Shortlisted Bidder or Bidder shall be required to pay a non-refundable registration fee of BDT 50,000 (Bangladesh Taka Fifty Thousand) to the PPP Authority for the appeals procedure at the time of submitting the complaint to the PPP Authority.
50.4 Upon receipt of a complaint, the PPP Authority shall select within a period of 7 (seven) Days, a Review Panel on a rotational basis and shall pass the complaint to that Review Panel which shall decide whether to reject the complaint or to implement any corrective actions. The Review Panel may seek clarifications from the aggrieved Applicant, Shortlisted Bidder or Bidder and shall issue a written decision to the Applicant, Shortlisted Bidder or Bidder stating either the reasons for the rejection of the complaint or informing of the corrective action that has been taken, along with a copy to the Applicable Line Ministry, the Contracting Authority and the PPP Authority. Any decision taken by the Review Panel shall be final and binding on all parties concerned.
50.5 The Contracting Authorityshall maintain a complaint register in which brief information of all complaints and the decisions taken regarding such complaints shall be recorded.
50.6 The LoA shall not be issued during the time that the complaint is being considered and until a final decision on the complaint is made, but the evaluation process shall continue. The Contracting Authority or any other concerned officer shall not entertain any complaint after the signature of the PPP Contract.
50.7 The aggrieved Applicant, Shortlisted Bidder or Biddershall not be able to file a civil case in any court unless and until it has exhausted all options of complaint, review and/or objection available under these Guidelines.