(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 PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 10, 2019 (BHDR 19, 1941 SAKA) 128 Punishment for taking gratification or valuable thing in respect of public procurement.
Interference with procurement process.
entity, shall be disclosed in a proceeding under this section.
50. No appeal under section 49 shall lie against any decision of the procuring entity relating to the following matters, namely:-
(a) determination of need of procurement in terms of section 8;
(b) provisions limiting participation of bidders in the bid process in terms of the provisions of section 13;
(c) the selection of a procurement method in terms of chapter VI;
(d) the decision of whether or not to enter into negotiations in terms of section 40;
(e) cancellation of a procurement process in terms of section 25;
(f) applicability of the provisions of confidentiality under section 44;
and
(g) any other matter as may be prescribed.
Chapter XII Offence and Penalties
51. Whoever, being an officer or employee of the procuring entity acting in connection with any procurement process, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification other than legal remuneration or any valuable thing without consideration or for a consideration which he knows to be inadequate, in connection with such public procurement, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, shall be punishable with imprisonment which shall not be less than six months but which may extend to seven years and shall also be liable to fine, which may extend to fifty lakh rupees or ten per cent of the assessed value of procurement, whichever is less.