ECOWAS Tenders Code 3. The Dispute Resolution Committee shall apply the procedures spelt out in the Procurement Manual. Article 13: Sanctions Committee 1. There is hereby established a Sanctions Committee which pronounces sanctions, including exclusions, according to the provisions of this Code against any natural person or legal entity in any contracting process, found in violation of any provisions of this Code or the Procurement Manual. 2. Sanctions and exclusions should be determined in an impartial and realistic manner, and be proportionate to the gravity of the violation committed. 3. The Sanctions Committee shall apply the rules of procedure as spelt out in this Code. Article 14: Composition of the Dispute Resolution Committee and of the Sanctions Committee 1. The Dispute Resolution Committee is composed of three (3) members, two of whom are designated by the relevant Approving Authority, one designated by the President of the Commission who shall act as the chairperson of the Committee. Members of the Committee shall not have been part of the specific procurement process. The Committee may appoint experts including representative of the Private Sector to assist in consideration of complaints; 2. The Sanctions Committee is composed of 5 (five) members:  3 (three) members designated by the President of the Commission;  one independent expert designated by the President of the Commission – member;  a representative of the Private sector designated by Private sector organizationmember. Article 15: Referral to the Competent Authorities Where, based on the decisions of the Dispute Resolution Committee, or the Sanctions Committee, there is prima facie evidence of a criminal offence on the part of any person, natural or legal, the Head of the Institution concerned shall refer the matter to the competent authorities. Chapter IV: Eligibility and Qualification of Candidates and Bidders Section I: General Eligibility Article 16: Eligibilty Final Page 9

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