Pusuc PROCUREMENT AND DrsPOsAL OF Pusuc AssETS No. 5/2017 Cap.22:23 (ii) offering to pay or paying a bribe, whether in the form of a payment, gratuity, offer of employment or otherwise; or (iii) knowingly soliciting or obtaining confidential information, or attempting to obtain confidential infonnation, for the purpose of obtaining an advantage over other bidders or potential bidders; the procuring entity may reject the bidder's bid or refuse to consider any bid he or she may submit. (4) Whenever a procuring entity proposes to reject or refuse to consider a bid in terms of subsection (3), the procuring entity shall inform the bidder of the reasons for the proposed rejection or refusal and afford the bidder a reasonable opportunity to make representations in the matter. (5) Where the conduct of a bidder or potential bidder referred to in subsection (3) amounts to an offence under any law, the procuring entity shall report it to the police for prosecution. (6) Regulations in terms of section 101 may provide for debarring persons from participating in future procurements where they have been guilty of conduct referred to in subsection (3). PART X CHAu.ENoE PRoCEEDINGs 73 Challenge to procurement proceedings ( 1) A potential or actual bidder in procurement proceedings who claims to have suffered, or to be likely to suffer, loss or injury due to a breach of a duty imposed on a procuring entity by or under this Act, may challenge the procurement proceedings by lodging a written notice with the procuring entity in accordance with this section. (2) Where notice of the award of a contract has not yet been issued, a challenge may be lodged at any stage of the procurement proceedings up to the date on which such notice is issued: Provided that, where the grounds of a challenge concern alleged improprieties in the invitations to bid or to pre-qualify which have become apparent before bids were opened, the challenge shall be lodged prior to bid opening. (3) Where notice of the award of a contract has been issued, a challenge may be lodged only within the fourteen-day period referred to in section 55(2) or 60(14). (4) A challenge shall not be entertained unless(a) (b) in the written notice the bidder has identified the specific act or omission alleged to constitute a breach of duty on the part of the procuring entity; and when lodging the written notice, the bidder deposits with the procuring entity a sum of money in the prescribed amount by way of security for costs. (5) If the procuring entity concedes that it breached a duty as alleged in the challenge, it shall within fivedays(a) notify the bidder concerned and the Authority of its concession; and (b) 74 take whatever steps it considers necessary, or as the Authority may direct, to rectify the breach. Application for review of procurement proceedings by review panel (l) Where84