Applicant Suppliers/Contractors

How to file a Challenge?

The Hearing Rules and Procedure for Part V Challenge Proceedings sets out the prescribed Forms to be used in Challenge Proceedings. These Rules and Forms can be downloaded from the OPR’s website  www.oprtt.org Form 8 is the Application for Review which must be completed, signed and submitted via email to the OPR at challenge@opr.org.tt . The supplier or contractor must provide details of the contention including:

• Each decision or action being challenged;
• The facts surrounding each decision or action;
• The grounds or basis for the OPR to review the decision or action taken by the procuring entity i.e., the non-compliance or breach being alleged;
• The remedies being sought from the OPR;
• The witnesses to be presented in support of the supplier or contractor’s application for review at the Hearing of the matter; and
• The efforts taken to resolve the issue directly with the procuring entity.

Documents and evidence in support of the Application for Review must be listed in Form 8 and attached to the e-mail initiating the Challenge proceedings. Failure to attach any relevant documents can result in the inability of the supplier or contractor to rely on same at the Hearing. Other relevant forms which may be submitted at this stage are:

• Form 2 – Notice of Appointment (of Representative). This is to be submitted if the supplier or contractor intends to have an Attorney-at-Law, engineer, quantity surveyor, valuator, agent or such other person recognised by the OPR to represent them in the Challenge Proceedings; and
• Form 1 – Confirmation of Service. When Form 8 and supporting documents are submitted to the OPR, these must be served on the procuring entity (the Respondent). Once served, Form 1 – Confirmation of Service must be submitted to the OPR.

Once the supplier or contractor e-mails the Application for Review to the OPR, an e-mail with the Case ID number will be issued. This Case ID number must be included in the subject line of future e-mails in relation to that Challenge proceeding. All communications to the Hearing Panel relating to any Challenge Proceedings must be through the Administrative Review Secretariat of the OPR. For more information Visit our website at  www.oprtt.org or call us at (868) 627-4OPR (4677) or (868) 226-4OPR (4677)

Form 8- Application for Review

Details that must be provided include: i. Email address of the supplier/contractor and/or Representative; ii. Each decision or action being challenged; iii. The facts surrounding each decision or action; iv. The grounds or basis for the OPR to review the decision or action taken by the procuring entity i.e. the non-compliance or breach being alleged; v. The remedies/ reliefs being sought; vi. The witnesses to be presented in support of the supplier or contractor’s Application for Review at the Hearing of the matter; and vii. The efforts taken to resolve the issue directly with the procuring entity (the Respondent). Supporting Documents: For example: i. Invitation to bid; ii. Request for proposal/quotation; iii. Invitation for pre-qualification or pre-selection; iv. Submission to procuring entity; v. Notice of Intention of Award issued by the procuring entity; vi. Complaint/ Request for Clarification sent to the procuring entity; vii. Response received from the procuring entity in relation to Complaint/ Request for Clarification; viii. Emails, correspondence or other documents relevant to the decision or action being challenged; ix. Correspondence between the supplier/contractor and the procuring entity in relation to efforts taken to resolve the issue directly with the procuring entity; x. Proof of costs incurred for the preparation of the submission; xi. Proof of costs incurred in relation to the Application for Review; xii. Extract of Minutes certified by relevant personnel under resolution and seal of the Board (applicable where the Applicant is a Company); and xiii. Power of Attorney (applicable where an agent is appointed to act as a Representative on behalf of the supplier/contractor).

Form 1- Confirmation of Service

When the prescribed Forms are submitted to the OPR, the filed version bearing the OPR’s stamp must be served on the other parties to the challenge proceedings. Once served, Form 1 -Confirmation of Service must then be submitted to the OPR as follows: i. Where there was personal service- a copy of the endorsed document must be attached; and ii. Where there was electronic service- a copy of the email showing the electronically delivered document must be attached.

Form 2- Notice of Appointment of Representative

This is to be submitted if the supplier or contractor intends to have an Attorney-at-Law, engineer, quantity surveyor, valuator, agent or such other person recognised by the OPR to act on their behalf in the Challenge Proceeding.

Form 6- Notice of requirement of an Interpreter

Points to note: i. Arrangements to retain and utilise the services of an Interpreter are to be borne by the Party submitting this notification to the OPR; and ii. The qualifications of the interpreter must be submitted to the OPR no later than Day 12 of the Challenge Process.

Form 7- Notice of need for accommodation (for differently-abled persons)

This must be completed by a Party who requires physical or other accommodation for himself/ herself or for his/ her Representative or witness in the Challenge Proceedings due to a disability.

Form 11- Application for leave to call expert witness

Details that must be provided include: i. Name, address and qualifications of proposed expert; ii. Issue/s on which the expert will provide evidence; iii. Substance (summary of the relevant points) of the expert’s evidence; iv. List of documents to which the expert will refer; and v. Grounds for this application for leave (permission) to call expert witness. Points to Note: • Expert evidence is restricted to only what is reasonably required to resolve the challenge proceedings justly and in accordance with the overriding objectives of the Hearing Rules and Procedures for Part V Challenge Proceedings; and • If leave (permission) is granted to the supplier or contractor to call an expert witness on their behalf at the Hearing, the expert’s evidence must be filed by Day 13 of the Challenge process and must follow the Guidelines for Technical and Expert Witnesses contained in Schedule I of the Hearing Rules and Procedures for Part V Challenge Proceedings. The expert shall state in their evidence or report that they acknowledge and undertake the duties set out in Schedule I.

Form 15- Application for costs

Details that must be provided include: i. A list of the disbursements, expenses and reimbursements incurred in the Challenge Proceedings; ii. If a Representative was utilised- the hourly rate or basis of charging by the Representative, breakdown of the fees of the Representative and Value Added Tax amount (if any); iii. Cost of the bid submission (if applicable); and iv. Documentary evidence of the costs stated to be attached.

Form 16- Application for access to the record of the Hearing

The supplier or contractor can submit this application ten (10) days after the conclusion of the Hearing.