Here, in FM Associates along with its financial wing FM Consulting International we provide services to our clients by helping them to glide through the procurement process smoothly as per the law or as per the agreement so that all the regulations and laws are abided in the proper manner as lawyer/counsel in CPTU appeals/reviews. Further, we even help make clients make complaints, and appeals to the CPTU. Further, we make representations as legal counsels while these hearing takes place and also file writ cases as lawyer in the High Court Division against the decisions of the Review Panel of the CPTU.
Public Procurement in Bangladesh
The Public Procurement Act 2006 in Bangladesh (hereinafter referred to as the ‘Act’) along with the Public Procurement Rules 2008 (hereinafter referred to as the ‘Regulations’) guides us along the lines for the procedures that needs to be followed during the procurement process which ensures transparency and accountability in the procurement process of goods, works or services involving public funds under Public Procurement in Bangladesh. But the Act also provides that if there are specific rules and clauses enshrined in a given agreement, then the agreement shall prevail over the Act.
The procurement entity which has administrative and financial powers to undertake the procurement process initiates the process by giving tender or proposal and then the bidder submits the application forms within the deadline to participate in the procurement process. After going through the procurement process, the bidder who is successful is granted a notification of award, which after being accepted, the contract is executed. There can be both Domestic and International procurements and while participating the bidder may also form a Joint Venture in order to procure.
Appeal to Central Procuring Technical Unit (CPTU) in Bangladesh
In the meantime, if anyone is aggrieved by the procuring entity in effectively carrying out its function, then complains can be made and if the complaint is not dealt in a satisfactory manner then an appeal to Central Procuring Technical Unit (CPTU) in Bangladesh can also be made to the Review Panel through Government or Government designated body.
The CPTU under Evaluation Division of the Ministry of Planning to carry out procurement monitoring, coordination and management.
The CPTU hears appeals through the Review Panel. And the Review Panel issues written decision within maximum 12 working days. The decision given by CPTU is on the majority decision and the Review Panel’s decision is final and all concerned parties needs to act upon such decision. Since, the Review Panel’s decision is final, the aggrieved party may file writ cases in the High Court Division.