Private parties have grounds to appeal the outcome of a Privatization procurement (shortlist or selection of preferred bidder) if they:
a) Can demonstrate that the procuring Entity was not fully compliant with NCP requirements in its conduct of the RFP, and that remedying these deficiencies may materially be expected to affect the selection of the preferred bidder; or
b) Can demonstrate that the procuring Entity was not fully compliant with NCP requirements in its conduct of the RFQ, and that remedying these deficiencies may materially be expected to affect the selection of the shortlisted bidders; or
c) Can demonstrate that the selection of the preferred bidder or shortlisted parties was influenced by corrupt activities.
Private parties have grounds to appeal the Privatization procurement (RFQ or RFP phase) if they:
d) Can demonstrate that the bidding requirements were unduly restrictive or unreasonable and materially affected their ability to submit a responsive SOQ or bid, and that the procuring agency failed to address the issue(s) after receipt of timely notification.
The grounds for an appeal must be clear and specific, and identify the specific act(s) or failure(s) to act which justify remedial action on the part of the procuring Entity. Vague or unsupported appeals will be rejected.