Interested Parties
Who can join an ongoing Challenge proceeding as an Interested Party
There are two (2) categories of Interested Parties:
- Any supplier or contractor participating in the procurement proceedings which relates to the Application for Review that has already been filed by the Applicant; or
- Any public body whose interests are or could be affected by the Application for Review that has already been filed by the Applicant.
What can an Interested Party seek by joining an ongoing Challenge Proceeding
An Interested Party is restricted to the grounds of challenge and remedies contained in the Applicant’s Application for Review.
NOTE: A supplier or contractor who participated in the same procurement proceedings being reviewed and wishes to raise other grounds of challenge or seek remedies specific to them, must file their own Application to Review (Form 8) within the timeframes set out in section 50(2) of the Act that is:
- i. Where the Challenge relates to the terms of solicitation, pre-qualification, pre-selection or decisions or actions taken by a procuring entity in pre-qualification or pre-selection proceedings, the deadline to file this Challenge is before the deadline for presenting submissions;
- ii. Where the Challenge relates to other decisions or actions taken by a procuring entity in procurement proceedings the deadline to file this challenge depends on whether or not a standstill period was applied by the procuring entity:
- • If a standstill period was applied, the deadline to file this Challenge is within the standstill period; and
- • If a standstill period was not applied, the deadline to file this Challenge is within seven (7) working days after the publication of the notice of the decision or action that was taken by the procuring entity.
NOTE: Interested Parties will have to bear their own costs for participating in an ongoing Challenge Proceeding.
How can an Interested Party learn about an ongoing Challenge Proceeding?
The OPR will publish a Notice of the Application for Review in two (2) daily newspapers and on the OPR’s website within three (3) days of OPR’s receipt of the Application.
How can an Interested Party join an ongoing Challenge Proceeding?
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 10 is the Application to Participate which must be completed, signed and dated by the Interested Party. This Application to Participate must be submitted via e-mail to the OPR at challenge@opr.org.tt no later than three (3) days after the OPR’s notification of the Application for Review (that is, Day six (6) of the Challenge process). Some of the details the Interested Party must include are:
- The grounds or basis for seeking to participate in the ongoing Challenge Proceedings;
- If the Interested Party is a supplier or contractor that participated in the procurement proceedings, they must state how the reliefs sought by the Applicant can affect them;
- If the Interested Party is a public body, they must state how their interests are or could be affected by the ongoing Application for Review; and
- The witnesses to be presented in support of the Interested Party at the Hearing of the matter.
Documents and evidence in support of the Application to Participate must be listed in Form 10 and attached. Failure to attach any relevant documents can result in the Interested Party’s inability to rely on same at the Hearing of these Challenge Proceedings, if their Application to Participate is successful. Form 10 and supporting documents must be submitted to the OPR via e-mail to challenge@opr.org.tt and the Case ID number must be included in the subject line of the email.
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 Interested Party intends to have an Attorney-at-Law, engineer, quantity surveyor, valuator, agent or such other person recognised by the OPR to represent it in the Challenge Proceedings; and
- Form 1- Confirmation of Service. When Form 10 and supporting documents are submitted to the OPR, these must be served on the other Parties. Once served, Form 1 -Confirmation of Service must be submitted to the OPR.
All communications to the Hearing Panel relating to any Challenge Proceedings must be through the Administrative Review Secretariat of the OPR.
Failure to Participate
A supplier or contractor who is notified of an Application for Review and who fails to participate in proceedings relating to the Application, is barred from subsequently challenging the decisions or actions that are the subject matter of the Application.
For more information
Visit our website at www.oprtt.org or call us at (868) 627-4OPR (4677) or (868) 226-4OPR (4677)
| Application to Participate – Form 10 |
Details that must be provided include:
ii. The effect of the reliefs sought by the Applicant on the interested party; and iii. The witnesses to be presented in support of the interested party at the Hearing of the matter. For example:
ii. Power of Attorney (applicable where an agent is appointed to act as a Representative on behalf of the interested party); and iii. Emails, correspondence or other documents supporting the Application to Participate. |
| Form 1- Confirmation of Service |
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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:
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:
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:
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.
• 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 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. |