Review Body on Bid Challenges

Hong Kong, China is a Party to the Agreement on Government Procurement (GPA) of the World Trade Organization (WTO). As required by the GPA, a Review Body on Bid Challenges (the Review Body) was set up in December 1998. The Review Body is a dedicated, independent and impartial body to review challenges against alleged breaches of the GPA by procuring entities. Pursuant to the Hong Kong, China – New Zealand Closer Economic Partnership Agreement (HKC-NZ CEP Agreement), the Free Trade Agreement between Hong Kong, China and Chile (HKC-Chile FTA) and the Free Trade Agreement between Hong Kong, China and Australia (HKC-AU FTA), which comprise provisions on government procurement similar to the WTO GPA, the Review Body also considers challenges by suppliers against alleged breaches of Chapter 12 of the HKC-NZ CEP Agreement, Chapter 9 of the HKC-Chile FTA and Chapter 13 of the HKC-AU FTA.

Terms of Reference

The duties, functions and powers of the Review Body are to:

Composition and Membership

The Review Body comprises twelve members, viz. one Chairman, two Deputy Chairmen and nine members who are appointed by the Secretary for Commerce and Economic Development. Its membership list for 2024-2025 is as follows:

Lodging of Bid Challenge

Supplier who wishes to lodge a bid challenge application should complete the complaint form and forward it to the Secretariat in person or by post/fax/e-mail, copying the procuring entity concerned. The time limit for submission of challenges is within 10 working days from the date the complainant knew or reasonably should have known the basis of the challenge. This time limit may be extended to 30 working days under exceptional cases if the Chairman of the Review Body is satisfied that reasonable cause for the delay has been shown.

Upon receipt of a complete bid challenge application, the Chairman will, based on the information provided by the complainant and the procuring entity, decide whether a prima facie case has been established. If the Chairman considers that a challenge should be accepted for inquiry, a panel comprising three members would be set up to recommend any appropriate rapid interim measures, determine the validity of the challenge, and recommend such remedy as it considers appropriate.

The Rules of Operation of the Review Body is available here.

Public Hearing

For cases reaching the panel stage, hearing of the challenge will be convened upon the request of the complainant or the procuring entity, or if the panel considers it necessary. With the consent of both the complainant and the procuring entity concerned, the hearing may be conducted in public. Notice giving details of the public hearing, if any, will be issued below at least 7 working days before the date of hearing.

Summaries of Panel Cases

Summaries of cases reaching the panel stage are available here for the public's general information.

Enquiries

For enquiries, please contact the Secretariat of the Review Body though the following channels –