Common use of Internal Review Procedures Clause in Contracts

Internal Review Procedures. 1. Each Party shall have a timely, effective, transparent and non-discriminatory administrative or judicial review procedure, in accordance with the principle of due process, through which a supplier may submit challenges related to a covered procurement in which the supplier has an interest, alleging a breach of this Chapter. 2. Each Party shall have at least one impartial administrative or judicial authority, independent of its contracting entities, to receive and review the challenges referred to in paragraph 1, and to make appropriate findings and recommendations. 3. Each Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or judicial authority independent of the procuring entity that is the subject of the challenge when a supplier's challenge is initially reviewed by an authority other than those referred to in paragraph 2. 4. Each Party shall provide that the authority established or designated in accordance with paragraph 2 shall have the authority to take, without delay, provisional measures to preserve the opportunity for the supplier to participate in the procurement and to ensure that the Party complies with this Chapter. Such measures may have the effect of suspending the procurement proceedings. 5. Without prejudice to other challenge procedures provided or developed by each Party, each Party shall ensure that the authority established or designated pursuant to paragraph 2 provides at least the following: (a) a sufficient time period for the supplier to prepare and submit written challenges, which in no case shall be less than ten