(2) Where a procurement requirement is subject to administrative review by either a procuring and disposing entity or the Authority, a contract document, purchase order, letter of bid acceptance or other communication in any form conveying acceptance of a bid, that binds a procuring and disposing entity, shall not be issued prior to completion of the administrative review process.

344. A bidder shall submit an application for administrative review within fifteen working days after the date he or she first became aware of the circumstances giving rise to the complaint.

345. (1) Any application for administrative review shall be submitted in writing to an accounting officer and a copy given to the Authority.

(2) The application for administrative review shall include-

(a) details of the procurement or disposal requirement to which the complaint relates;

(b) details of the rule or provision which has been breached or omitted;

(c) an explanation of how the rule or provision has been breached or omitted, including the dates and name of the responsible public officer, where known;

(d) documentary or other evidence supporting the complaint where available; and

(e) any other information relevant to the complaint.

(3) The application for administrative review shall be accompanied by payment of a prescribed fee in accordance with the guidelines.

346. (1) Upon receipt of an application for administrative review, an accounting officer shall immediately suspend the procurement or disposal proceedings where a continuation of the proceedings might result in an incorrect contract award decision or a worsening of any damage already done.

(2) An accounting officer shall immediately on receipt, send a copy of the application for administrative review to a contracts committee.

(3) An accounting officer shall institute an investigation to consider-

(a) the information and evidence contained in the application;

(b) the information in the records kept by a procuring and disposing entity;

(c) information provided by staff of a procuring and disposing entity;

(d) information provided by other bidders; and

(e) any other relevant information.

(4) An accounting officer shall issue his or her decision in writing within fifteen working days after receipt of the application and the decision shall indicate -

(a) whether the application is upheld or rejected;

(b) the reasons for the decision; and

(c) any corrective measures to be taken.

(5) An accounting officer shall submit a copy of his or her decision to the Authority.

347. (1) A bidder may submit an application for administrative review to the Authority where an accounting officer does not issue a decision within fifteen working days or the bidder is not satisfied with the decision of an accounting officer.

(2) An application to the Authority for administrative review shall be submitted within ten working days after the date of the decision by an accounting officer or the date by which an accounting officer should have issued a decision.

(3) The application to the Authority for administrative review shall include -

(a) a copy of the original application to an accounting officer and the supporting documents;

(b) a copy of relevant correspondence to and from an accounting officer;

(c) a statement by the bidder that an accounting officer failed to issue a decision and the relevant dates, where applicable; and

(d) an explanation of why the bidder is not satisfied with the decision of the accounting officer, where applicable.
(4) Upon receipt of an application, the Authority shall immediately -

(a) give notice of the application to a procuring and disposing entity;

(b) instruct a procuring and disposing entity to suspend any further action on the procurement or disposal requirement, where the Authority considers a suspension necessary;

(c) notify all bidders of the application and invite them to submit any relevant information prior to a given deadline; and

(d) institute an investigation.

(5) In investigating the application for administrative review, the Authority shall consider the following, where appropriate-

(a) the information and evidence contained in the application;

(b) the information in the records kept by a procuring and disposing entity;

(c) information provided by staff of a procuring and disposing entity;

(d) information provided by the other bidders; and

(e) any other relevant information.

(6) The Authority shall issue its decision in writing within twenty-one working days after receipt of the application.

(7) The decision of the Authority shall indicate-

(a) whether the application was upheld or rejected;

(b) the reasons for its decision; and

(c) any corrective measures to be taken.
348. A provider may be suspended from participating in public procurement or disposal of public assets proceedings for breaching the Code of Ethics for providers.

349. (1) A recommendation to suspend a provider shall be submitted to the Authority in writing by a contracts committee.

(2) A public officer of a procuring and disposing entity may make a submission to a contracts committee regarding a recommendation to suspend a provider.

(3) A contracts committee shall consider all submissions and decide whether to submit a recommendation to the Authority to suspend a provider.

(4) A recommendation to suspend a provider shall include-

(a) the name of the provider;

(b) the grounds for the recommendation to suspend the provider;

(c) details of the procurement or disposal proceedings or contract to which the recommendation relates;

(d) documentary or other evidence supporting the recommendation; and

(e) any other information relevant to the recommendation.

350. (1) Upon receipt of a recommendation to suspend a provider, the Authority shall immediately -

(a) notify the provider, giving full details of the recommendation and inviting him or her to submit information or evidence in his or her defence; and
(b) institute an investigation.

(2) In investigating the complaint, the Authority shall consider the following, where appropriate-

(a) the information contained in the recommendation;

(b) information provided by a public officer of a procuring and disposing entity;

(c) any information submitted by a provider; and

(d) any other relevant information.

(3) A provider who is subject to a suspension recommendation, shall be permitted to submit information or evidence in his defence either in person, through presentation of witnesses, in writing, or through a representative.

(4) The Authority shall issue its decision within twenty one working days after the date of receipt of the recommendation and the decision shall indicate whether the recommendation is upheld or rejected, the reasons for this decision and details of any suspension imposed.

351. (1) Where a recommendation to suspend a provider is upheld, the Authority shall suspend a provider from participating in public procurement or disposal proceedings.

(2) The period of suspension shall be at the discretion of the Authority but shall take into account the nature and severity of the offence, any mitigating circumstances, any previous suspensions and the period of suspension imposed in comparable cases.

(3) A suspension shall be communicated to a provider in writing and shall state -

(a) that the provider is excluded from participating in any public procurement or disposal proceedings for the period of the suspension;
(b) the reasons for the suspension and the period of the suspension;

(c) that the suspension also applies to any "successor in interest", which shall include any entity that is substantially similar to a suspended entity or which employs, or is associated with any partner, member, officer, director, responsible managing officer, or responsible managing employee, of a suspended business entity; and

(d) that the suspension does not relieve the provider of responsibility for obligations under any existing contracts placed prior to the suspension.

(4) Where a provider is suspended, the Authority shall immediately-

(a) place the provider on its list of suspended providers, including the titles of all "successors in interest" subject to the suspension;

(b) circulate the updated list to all procuring and disposing entities; and

(c) display the updated list on its notice board and website.

(5) Only the Authority shall be authorised to suspend a provider from participating in a public procurement or disposal.

(6) A procuring and disposing entity shall enforce the list of suspended providers, by ensuring it does not -

(a) award contracts to a suspended provider;

(b) sell or issue solicitation documents to a suspended provider or in any other way solicit bids from the provider; or
(c) enter into any other dealings or communications with a suspended provider, except in respect of existing contracts placed prior to a suspension from public procurement and disposal.

(7) After the expiry of the period of a suspension, a provider may apply to the Authority, in writing, to be removed from the list of suspended providers and the Authority shall remove the provider from the list of suspended providers within fifteen working days after the application.