Complaints and appeals under PPR 2025: how and in how many days

Last updated: · 5 min read

At a glance
  • First a written complaint to the office, then the head of the office, then the secretary of the ministry or division. After that, an appeal to BPPA's Review Panel (rules 72 to 77).
  • The first complaint is due within 7 calendar days of learning the cause. Replies are normally due in 5 working days, in some steps 3 (Schedule-2).
  • An appeal to the Review Panel needs a fee and a refundable deposit, by contract size. The panel decides within 12 working days.
  • While a complaint or appeal is pending, the NOA cannot be issued on that tender. Check exact times in Schedule-2.

You were the lowest and still got rejected, or something looked wrong at opening. What can you do, where do you go and how long do you have? Time limits here are short, so it helps to know in advance.

This is not legal advice. Before you complain, read rules 72 to 77 and Schedule-2 yourself, and get a lawyer or procurement specialist if needed. Sources at the end.

What you can complain about

Under rule 72 you can file a formal complaint against an office in cases like these. A few samples:

  • The advertisement was not given as the rules require (rule 110).
  • The tender document was not available, or a requested clarification did not arrive in time.
  • The specification is written so only one or a few firms can meet it.
  • Opening did not follow the notice, bids were opened early, or not all bids were opened.
  • The committee did not evaluate by the document's criteria.
  • The office started negotiation with the lowest bidder.
  • There is suspicion of corruption or collusion.

This is not the full list. See rule 72.

Step by step (rule 73)

  1. The officer who issued the tender document, such as the project director or procurement officer: a written complaint within 7 calendar days of learning the cause (rule 73(1), (2), Schedule-2). That officer must decide within 5 working days (rule 73(4)).
  2. The head of the office. If you are unhappy with step one's decision, or hear nothing, the same complaint goes here (rule 73(5)). If the head is on the evaluation committee, it goes to the secretary of the ministry or division instead (rule 73(6)(ক)).
  3. The secretary of the ministry or division. If you are unhappy with the head's decision (rule 73(7), (8)).
  4. Appeal to the Review Panel. If you are unhappy with the secretary's decision, or no decision comes in time (rule 73(11), (13)). Normally only after all earlier steps are done (rule 73(12)).

If a level does not reply, you may go to the next one. Under Schedule-2 that window is normally the 3 working days after the fifth working day from filing. Check the exact time for each level in the rule 73 rows of Schedule-2, because a missed window can stall your complaint.

After the NOA: once the NOA is issued or the contract is signed, no new complaint can go to any level of the office. The exception: if you have reasonable grounds to think the NOA or contract was issued defectively or in breach of the rules, you appeal directly to the Review Panel (rule 73(14)).

What a Review Panel appeal costs

The appeal goes in a sealed envelope marked confidential, addressed to BPPA's chief executive. A bank draft for the fee and a refundable deposit goes with it (rule 73(13)). Under Schedule-2, by contract size:

Contract size Registration fee Refundable deposit
below Tk 1 crore Tk 10,000 Tk 50,000
1 to 5 crore Tk 15,000 Tk 1 lakh
5 to 10 crore Tk 20,000 Tk 2 lakh
above Tk 10 crore Tk 25,000 Tk 5 lakh
on a matter before tender opening Tk 10,000 Tk 50,000

Without fee and deposit, the appeal does not go to the panel (rule 76(5)). If the panel finds the appeal frivolous it can dismiss it and forfeit the deposit (rule 77(3)).

How the panel works

BPPA forms a panel of at least 3 experts in law, technical matters and contract management, none of them in government service (rule 74), within 3 working days of receiving the appeal (rule 76(1), Schedule-2). The panel gives a written decision within 12 working days (rule 77(2), Schedule-2). Decisions are by majority and final (rule 77(4), (5)), and are later open to the public (rule 77(6)).

While an appeal is pending, the office cannot issue the NOA, though evaluation and approval can go on (rule 76(2)). The head of the office can set this aside only by certifying, with the secretary's or minister's approval, that proceeding is unavoidable in the public interest (rule 76(3)).

What to do

  1. Write down the date you learn you were rejected. The 7 day clock starts then.
  2. Gather documents first. The tender document, clarification letters, the opening sheet, the office's replies.
  3. Keep the complaint short and clear. Say which rule or document condition was broken.
  4. Count the cost. The registration fee is not listed as refundable in the schedule. The deposit is refundable, but can be forfeited if the appeal is held frivolous.
  5. You can ask why. The office tells you your bid's relative position and shortcomings, not other bidders' details (rule 49(4)).

To avoid such trouble, read non-responsive bids first. See who got the work and at what rates on who got the work and rates. New tenders are here. Also see the Bid Brief and pricing.

Sources

Common questions

How many days do I have to complain?
In writing within 7 calendar days of learning the cause (rule 73(1) and Schedule-2). You go first to the officer who issued the tender document.
Can I appeal to the Review Panel directly?
Normally no. Under rule 73(12), only after the office, the head of the office and the secretary steps are exhausted. Exception: if the NOA or contract looks defective or unlawful, a direct appeal is possible, rule 73(14).
What does an appeal cost?
It depends on contract size. Below Tk 1 crore: Tk 10,000 registration fee and Tk 50,000 refundable deposit. Above Tk 10 crore: Tk 25,000 and Tk 5 lakh. Other bands in Schedule-2, rule 73(13)(গ).

Rules and amounts change now and then. Check the latest rules on e-GP or the BPPA site before you bid.

Source: eprocure.gov.bd

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