Non-awarded tenderers (hereinafter referred to as the "Requestor") may submit to the ITER Organization a written request for review of the contract award decision if they consider they have suffered breaches in the implementation of the tendering process.
In this case the Requestor shall submit to the ITER Organization Head of Legal Affairs its substantiated request in writing, in English, within ten (10) calendar days of the date of notification to the Requestor of the challenged contract award decision.
The Head of Legal Affairs shall acknowledge receipt of this request. This acknowledgement of receipt shall suspend the signature of the contract.
Within ten (10) working days of the date of receipt of the request, the Head of Legal Affairs shall reply to the Requestor notifying its decision on whether to pursue or dismiss the request for review, assessed against the prescribed time limits and conditions mentioned above.
If the Head of Legal Affairs confirms the acceptance of the request for review, the request is brought to the attention of the Procurement Review Board within five (5) ITER Organization working days.
In such case, the Procurement Review Board shall be convened within two (2) ITER Organization working days from the notification of the Head of Legal Affairs to the Procurement Review Board of the eligible request. The Procurement Review Board shall consist of three members (qualified and independent procurement experts) appointed by the ITER Organization following the approval of the ITER Council.
The ITER Organization and the Requestor shall provide to the Procurement Review Board with all the documents and additional information considered necessary for an examination of the request for review. These documents and additional information shall be provided to the Procurement Review Board within five (5) ITER Organization working days of the notification of the composition of the Procurement Review Board to the Requestor.
The decision of the Procurement Review Board should be taken no more than fifteen (15) ITER Organization working days from the time the Chair of the Procurement Review Board acknowledges receipt of the request for review on behalf of the Procurement Review Board, this period may be extended up to a maximum of thirty (30) ITER Organization working days.
The Head of Legal Affairs shall communicate the outcome of the decision to the Requestor.
The Requestor shall not get any financial compensation as a result of a request for review.
The decision of the Procurement Review Board shall be final and implemented by the ITER Organization.
All proceedings and records of the Procurement Review Board shall be confidential.
