Southern Africa Development Community Secretariat – Procurement and Grants Policy (10) The Procuring Entity shall promptly notify each economic operator whether or not he has been prequalified and shall make the names of all economic operators that have been prequalified available to any member of the general public upon request. Only economic operators that have been prequalified are entitled to participate further in the procurement proceedings. (11) The Procuring Entity shall communicate the reasons leading to the exclusion from the short list to unsuccessful economic operators (12) When prequalification is used, prior to contract award, the Procuring Entity may require the economic operator recommended for award of the contract, to demonstrate again its eligibility and qualifications in accordance with the same criteria used to prequalify the economic operator. The Procuring Entity shall disqualify any economic operator that fails to demonstrate again its eligibility and qualifications if requested to do so. CHAPTER IV. APPEAL OF PROCUREMENT DECISIONS Article 43. Right to appeal a procurement decision 1) 2) Subject to paragraph (2) of this article, any economic operator that claims to have suffered, or that may suffer, loss or injury due to a breach of duty imposed on the Procuring Entity by this Policy or any other SADC Secretariat Procurement Regulations developed for the implementation of this Policy, may appeal the procurement decision according to the procedure for handling appeals contained in the Procurement Regulations. The following shall not be subject to the review provided for in paragraph (1) of this article: (a) The selection of a method of procurement pursuant to Articles 20 to 28 of this Policy; (b) The choice of qualification and eligibility criteria pursuant to Article 15 of this Policy, if they have not been contested prior to submission of an application; (c) The contractual requirements (as specified in the Terms or Reference or Technical Specifications) if they have not been contested prior to the submission of the application or the bid; (d) The content of the SADC Secretariat standard solicitation documents (including the general terms of the contracts, purchase orders, templates, etc). Article 44. Procedures for handling appeals (1) SADC Secretariat shall develop procedures for procurement appeals that are fair, clear and transparent. (2) The procedures to be followed by economic operators in appealing a procurement decision as well as the proceedings for handling the appeals shall be detailed in the Procurement Regulations. CHAPTER V. ADMINISTRATIVE PROVISIONS Article 45. Procurement implementation structure (1) To implement the provision of this Policy, the SADC Secretariat shall set up an appropriate procurement implementation structure that promotes: 34