(1) A tenderer may apply to the Director to review the public procurement procedure where —
(a) the public procurement procedure is not carried out in accordance with this Act;
(b) the tenderer has incurred loss or is likely to incur loss due to paragraph (a).
(2) An application for review under subsection (1) shall —
(a) be in writing;
(b) specify the reasons for making the application;
(c) be accompanied by a statement of case together with any witness statement referred to in subsection (3); and
(d) be made within 30 days of the contravention or loss.
(3) A statement of case shall contain precisely and concisely —
(a) the facts of the case;
(b) the issues under dispute and the arguments relating to such dispute and arguments;
(c) submissions on any point of law; and
(d) other submissions on the case.
(4) The tenderer shall, at the time of his or her application for review, submit to the procuring entity a copy of the application.
(5) An applicant shall pay the prescribed non-refundable fee for processing the application.
(6) Where an application for review is made under this section, the procurement procedures shall be suspended until the review is heard and determined.
(7) The suspension under subsection (6) does not apply where the procuring entity certifies that urgent public interest considerations require the procurement procedure to proceed.
(8) A certificate issued by a procuring entity under subsection (7) —
(a) must expressly state the grounds of the urgent public interest considerations and shall be made a part of the record of the public procurement procedure;
(b) is binding on the Director and the public procurement procedure must proceed unless an application for leave to seek a judicial review is successful.
(9) The Director —
(a) shall make a decision under this section within 60 days;
(b) may dismiss an application for review or may, if he or she determines that there is merit in it, do one or more of the following —
(i) prohibit the procuring entity from acting or deciding in an unauthorised manner or from following an incorrect public procurement procedure,
(ii) order the annulment in whole or in part of any unauthorised act or decision of the procuring entity,
(iii) order a re-evaluation of the tenders or a review of the decision for an award, specifying the grounds for such recommendation, or
(iv) order payment of reasonable costs incurred in participating in the tendering procedure where a legally binding contract has been awarded which, in the opinion of the Director, should have been awarded to the applicant.