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.

DAYS 1-3

An aggrieved supplier or contractor (“The Applicant”) initiates the Challenge process by submitting a completed Application for Review (Form 8), supporting documents and any other relevant Forms to the Office of Procurement Regulation (“the OPR”) via challenge@opr.org.tt within the timeframe set in section 50(2) of the Public Procurement and Disposal of Public Property Act 2015, as amended (“the Act”).  The Applicant must also serve these Forms and supporting documents on the procuring entity whose decision or action is being challenged (“the Respondent”).

Within 3 days the OPR will publish a Notice of the Application for Review in two (2) daily newspapers and its website as well as notify the Respondent.

DAYS 4-6

By Day 3 the OPR will decide whether to order the suspension of the procurement proceedings or the performance of a procurement contract or the operation of a framework agreement in accordance with the Act. The decision on suspension will be communicated to the Applicant and the Respondent between Day 4 to 6.

Between Day 4 to 6 the Respondent must submit to the OPR and serve on the Applicant, its Reply (Form 9), supporting documents, any request for authorisation to award a procurement contract or enter into a framework agreement and any other relevant Forms.

By Day 6 an Interested Party must submit to the OPR and serve on the other Parties, its Application to Participate (Form 10), supporting documents and any other relevant Forms.

DAY 7

The OPR would continue its preparations for advancing the matter by examining the documents received and arranging a Case Management Conference with all the Parties.

DAYS 8-9

The OPR would provide the Notice of the Case Management Conference date, time and place to all the Parties.

During this period any Party can submit to the OPR and serve on the other Parties, an Application for leave to call an expert witness (Form 13) at the Hearing in accordance with the Hearing Rules and Procedure for Part V Challenge Proceedings (“the Hearing Rules”).

DAY 10

The Hearing Panel would continue its preparations for the Case Management Conference.

DAY 11

The Parties (and Representatives) must attend the Case Management Conference (“CMC”) which will be held by Day 11. At the CMC the Hearing Panel can give directions/ make orders with respect to the Challenge Proceedings and hear preliminary matters.

By this date the Parties must inform the OPR if the assistance of an interpreter is required (Form 6). Note that arrangements to retain and utilise the services of an Interpreter are to be borne by the notifying Party.

Parties must also inform the OPR by Day 11 if accommodation is required for differently abled persons to attend the Hearing (Form 7).

DAYS 12-13

By Day 12 the OPR would provide the Notice of the directions/orders made at the CMC as well as provide the date, time and place of the Hearing to all the Parties.

Also by Day 12 the Party requiring the assistance of an interpreter must submit the qualifications of the chosen interpreter to the OPR.

All Parties must submit to the OPR and serve on the other Parties, their respective witness statements, expert evidence (if applicable) and skeletal submissions.

DAY 14

The Hearing Panel would continue its preparations for the Hearing.

DAYS 15-16

All Parties are required to attend the Hearing of the Challenge Proceedings. Non attendance by a Party will not prevent the Hearing Panel from continuing with the Hearing in that Party’s absence where the OPR is satisfied that the notification of the Hearing was received and the Party is absent without good cause.

The Hearing is the latest time at which the Applicant can make an Application for Costs (Form 15) in accordance with the Hearing Rules.

At the Hearing, the Applicant will present its case and call witnesses who can be questioned by the other Parties and the Hearing Panel. The Respondent and Interested Parties (if any) will follow the same process. Each Party will then be given the opportunity to make oral closing submissions to the Hearing Panel.

DAYS 17-19

The Hearing Panel would deliberate on the documents, evidence and submissions presented in relation to the matter in order to make its determination.

DAY 20

The OPR will inform the Parties of its Decision. Any order for suspension in force will be lifted at this time.

Note that written reasons for the Decision will be provided no later than 30 days after the Decision.

DAY 30

Parties can apply for the Record of the Hearing (Form 16).