Prepared by:

GB/JD

Approved by:

Preceded by Procedure No:

12

Followed by Procedure No:

7

Purpose:

To specify TREC's actions to respond to appeals and resubmission of applications

Applies to:

TREC Members

Reference Documents:

LI 1649, LI 1721

Procedure:

1.       Any organisation that has applied for pre-qualification and has been notified by the TREC that it has been disqualified may re-submit its application with new evidence or appeal in writing the TREC's decision based on original evidence submitted.

2.       If the TREC Secretariat receives any appeals or re-submissions of applications within 10 working days of the public notification of pre-qualified companies, the TREC reconvenes to consider these cases. These appeals will be considered by TREC, which will reconvene within 15 working days after each notification to disqualified applicants.

3.       In the case of a re-submission, the TREC reviews any new information submitted and determines by majority vote that:

a)       the information differs from that originally submitted

b)       the new information is sufficient to change the TREC's decision;

4.       In the case of an appeal, the TREC reviews the basis of the appeal and decides by majority vote whether to uphold or reject the appeal.

5.       Each member of the TREC signs the minutes, which are forwarded to the Board.

6.       The Board will on the basis of the evidence consider all appeals rejected by TREC and attempt to resolve the issue, which may include reconvening the TREC.

7.       If as a result of the TREC's deliberations, the pre-qualification status of any applicant is changed from disqualified to pre-qualified, that organisation is added to the list of pre-qualified organisations and the TREC Secretariat prepares a letter to the organisation informing it of the TREC's decision.

8.       If the pre-qualification status of any applicant remains unchanged the TREC Secretariat prepares a letter to the organisation informing it of the Board's decision and:

a)      in the case of appeals, that the Board's decision is final; or

b)      in the case of re-submissions, that the TREC will consider new information only at the next scheduled TREC meeting.