A challenge proceeding allows a supplier or contractor to formally object to how a public body handled a procurement process. It ensures transparency and fairness under the Public Procurement and Disposal of Public Property Act.
Challenge Proceedings
Challenge proceedings refer to the formal legal process used by suppliers or contractors to contest decisions made by public bodies during the procurement process. In Trinidad and Tobago, this is governed by the Public Procurement and Disposal of Public Property Act and overseen by the Office of Procurement Regulation (OPR).
We provide guidance on structuring and submitting tenders in compliance with statutory requirements. When an application or bid is rejected, we assist in assessing whether the public body has breached procurement rules or failed to act transparently and fairly.
Where appropriate, legal recourse is pursued through official challenge proceedings a structured mechanism that helps ensure fairness, accountability, and lawful decision-making in public sector contracts. Each case is evaluated based on procedural compliance and procurement integrity.
Arvin Arjoonsingh
Frequently Asked Questions – Challenge Proceedings
Answers to common questions about challenge proceedings in Trinidad and Tobago.
Any supplier or contractor who submitted or attempted to submit a tender and believes the process was unfair, biased, or unlawful may initiate a challenge.
Common grounds include non-compliance with procurement procedures, conflicts of interest, unequal treatment, or a lack of transparency in the evaluation and award process.
The process begins by submitting a written complaint to the relevant public body within a specific timeframe. If the issue is not resolved, the matter can be escalated to the Office of Procurement Regulation.
Yes. Challenges must typically be filed within seven working days from when the supplier became aware, or should have become aware, of the reason for the complaint.
Understanding Challenge Proceedings Under Trinidad and Tobago�s Public Procurement Framework
This guide explains how suppliers and contractors can contest procurement decisions made by public bodies, outlining the legal steps involved in initiating a challenge before the Office of Procurement Regulation (OPR).
Why Timing Matters in Procurement Disputes
Under Trinidad and Tobago’s Public Procurement and Disposal of Public Property Act, if you miss the 7-working-day window to file a complaint after discovering a breach, you lose your right to challenge the procurement process — even if the rejection was unlawful.
This means a million-dollar opportunity could be gone simply because of a missed deadline. Many suppliers don’t realize that the clock starts ticking the moment the irregularity is discovered — not when the results are formally announced. Acting quickly isn’t just strategic, it’s legally required.
Step-by-Step: Understanding Challenge Proceedings Under Trinidad and Tobago�s Public Procurement Framework
Review Procurement Process: Carefully examine the published procurement documents and compare them to how the process was actually carried out. Look for deviations, inconsistencies, or unfair treatment.
Document the Irregularity: Keep a written record of what went wrong�such as improper evaluation criteria, unfair scoring, or missed deadlines. Save all communications and notices received.
Submit a Written Complaint: Within 7 working days of discovering the issue, send a formal complaint to the public body outlining the nature of the alleged breach and providing supporting evidence.
Await Response from Public Body: The public body is required to respond to your complaint and may offer a resolution. If their response is unsatisfactory or absent, you may escalate.
File a Challenge with the OPR: Escalate the matter to the Office of Procurement Regulation. This formal process may include hearings, mediation, or investigations depending on the case complexity.
Comply with OPR Procedures: If the OPR accepts your challenge, you may be asked to submit additional documents, appear before a panel, or engage in further clarification to support your case.