Section 49 in Punjab Transparency in Public Procurement Act, 2019
49. Appeals.
(1)Subject to section 50, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of this Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by the procuring entity for the purpose, within such period, as may be prescribed clearly giving the specific ground or grounds on which he feels aggrieved:Provided that after the declaration of a bidder as successful in terms of section 42, the appeal may be filed only by a bidder who has submitted a bid with the procuring entity:Provided further that in case a procuring entity evaluates the technical bid before the opening of the financial bid, an appeal related to the matter of financial bid may be filed only by a bidder whose technical bid is found to be acceptable.(2)On receipt of an appeal under sub-section (1), the officer designated under that sub-section shall, after affording a reasonable opportunity of being heard to the parties, determine as to whether or not the procuring entity has complied with the provisions of this Act, the rules and guidelines made thereunder and the terms of the pre-qualification documents, bidder registration documents or bidding documents, as the case may be, and pass an order accordingly which shall be final and binding on the parties to the appeal.(3)The officer to which an appeal may be filed under sub-section (1) shall be specified by the procuring entity in the pre-qualification documents, bidder registration documents or bidding documents, as the case may be.(4)While hearing an appeal under this section, the officer concerned shall follow such procedure, as may be prescribed.(5)No information that would impair the protection of essential security interests of India, or impede the enforcement of law or fair competition, or prejudice the legitimate commercial interests of the bidder or the procuring entity, shall be disclosed in a proceeding under this section.
