Interested Parties

What are Challenge Proceedings?

It is a review of a decision or action taken by a procuring entity in a procurement proceeding.

It is conducted by the Office of Procurement Regulation (“the OPR”) which is an independent regulatory body established by the Public Procurement and Disposal of Public Property Act, 2015, as amended (“the Act”).

The procedure is governed by:

1. Part V of the Act;
2. The Public Procurement and Disposal of Public Property (Challenge Proceedings) Regulations 2021; and
3. The Hearing Rules and Procedure for Part V Challenge Proceedings.

The decision of the OPR will be issued within twenty (20) working days after receipt of the application for review submitted by the aggrieved supplier or contractor. Written reasons would be issued no later than thirty (30) days thereafter.

Who can join an ongoing Challenge proceeding as an Interested Party

There are two (2) categories of Interested Parties:

1. 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
2. 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 wish 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 Public Procurement and Disposal of Public Property Act 2015, as amended, that is:

1. 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;
2. 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.opr.org.tt

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)

To become aware of and apply to participate in ongoing Challenge Proceedings – Day 1 to 5 of the Challenge Process

• The OPR will publish a Notice of the Application for Review in 2 daily newspapers and on the OPR’s website within 3 days of the Office of Procurement Regulation’s (“OPR”) receipt of the Application pursuant to S.50(3) of the Public Procurement and Disposal of Public Property Act 2015 (as amended) (“the Act”).

Application to Participate – Form 10.
Details that must be provided include:

• The grounds or basis for the OPR to allow the interested party to participate in the ongoing Challenge Proceedings;
• The effect of the reliefs sought by the Applicant on the interested party; and
• The witnesses to be presented in support of the interested party at the Hearing of the matter.

Supporting documents.

For example:

• • Extract of Minutes certified by relevant personnel under resolution and seal of the
    Board (applicable where the interested party is a Company);
  • Power of Attorney (applicable where an agent is appointed to act as a Representative on behalf of the interested party); and
  • Emails, correspondence or other documents supporting the Application to Participate.

Notice of Appointment of Representative – Form 2
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 act on their behalf in the Challenge Proceeding.

By the time of the Case Management Conference- Day 11 of the Challenge Process

Notice of requirement of an Interpreter – Form 6

Points to note:

• arrangements to retain and utilise the services of an Interpreter are to be borne by the Party submitting this notification to the OPR; and
• the qualifications of the interpreter must be submitted to the OPR no later than Day 12 of the Challenge process.

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

Application for leave to call expert witness – Form 11
Details that must be provided include:

• Name, address and qualifications of proposed expert;
• Issue on which the expert will provide evidence;
• Substance (summary of the relevant points) of the expert’s evidence;
• List of documents to which the expert will refer; and
• 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 objective of the Hearing Rules and Procedures for Part V Challenge Proceedings; and
• If leave (permission) is granted to the interested party 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.

After the Case Management Conference – Day 12 to 13 of the Challenge process

Witness statement(s)

Details that must be provided include:

• Account of the facts in support of the claims contained in the Application to Participate;
• Supporting documents referred to by the witness; and
• Statement that the matters set out in the witness statement are within the witness’ own knowledge except where indicated to the contrary.

Skeletal submissions

Details that must be provided include:

• Summary of arguments relative to the grounds stated in the Application for Review and the Application to Participate

Throughout the Challenge Proceedings

Confirmation of Service- Form 1
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.

• Where there was personal service – a copy of the endorsed document must be attached; and
• Where there was electronic service – a copy of the email showing the electronically delivered document must be attached.

After the conclusion of the Challenge Proceeding

Application for access to the record of the Hearing – Form 16
The interested party can submit this application 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 three (3) days of receiving an Application for Review, the OPR will publish a Notice of the Application in two (2) daily newspapers and on 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 Public Procurement and Disposal of Public Property Act 2015, as amended (“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 will 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 Procedures 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).

1. Hearing Rules and Procedures for Part V Challenge Proceedings 
2. Prescribed Forms and Instructional Guides 
3. Electronic Hearing and Filing Rules for Part V Challenges 
4. Public Procurement and Disposal of Public Property Act 
5. Public Procurement and Disposal of Public Property (Challenge Proceedings) Regulations