ECOWAS Tenders Code PART IV: Review Chapter I: Contract Award Review Article 83: Amicable Settlement and Administrative Review 1. Any disagreement between the supplier, contractor or service provider and the procuring entity arising out of the implementation or interpretation of this Code may be settled amicably. The parties shall make every effort to reach amicable settlement of the matter. 2. However, any supplier, contractor or service provider that claims to have suffered, or that may suffer loss or injury due to a breach of a duty imposed on the procuring entity by this Code may seek review in accordance with the provisions of Articles 83 to 85 of this Code. 3. The following however shall not be subject to the review provided for under paragraph 1 of this Article: a) the selection of a method of a procurement pursuant to Articles 27, 31-47 of this Code b) the choice of a selection procedure pursuant to Articles 30(1) and 48 c) the limitation of procurement proceedings in accordance with Article 57 of this Code on the basis of Community citizenship d) a decision by the procuring entity under Article 58 to reject all bids and cancel the contracting process e) a refusal by procuring entity to respond to an expression of interest in participating in the request for proposal proceedings pursuant to Article 47. 4. This protest shall be sent to Contracting Authority within ten (10) working days following the publication of the decisions that are being contested. The Head of Institution shall with the assistance of the relevant services within the institution review the protest. 5. After the submission of a protest, the Contracting Authority shall notify all competitors in the contracting proceedings to which the protest relates of its substance. Article 84: Review by the Dispute Resolution Committee 1. If within ten (10) working days of submission of the protest to the Contracting Authority, the matter remains unresolved under Article 83, the aggrieved party shall refer the matter to the Dispute Resolution Committee established under Article 12 of this Code, for decision, and shall inform the contractor and supplier accordingly. The Rules of procedure for the Dispute Resolution Committee shall be as provided for in the Procurement Manual. 2. Within ten (10) working days of the request submission the Dispute Resolution Committee shall issue a written decision, stating the reasons, and, if the complaint is upheld, indicating the corrective measures to be taken. All parties in the review proceedings shall be notified of the decision which shall also be published in the ECOWAS Institutions Websites. 3. The Dispute Resolution Committee, unless it dismisses the request, may order the procuring entity to proceed in a manner conforming to this Code and/or Procurement Manual, Final Page 39