Public Procurement Dispute Resolution

Public Procurement and Disposal of Public Assets is premised on the basic principles of non-discrimination, transparency, accountability, and fairness, maximization of competition and ensuring value for money, confidentiality, economy and efficiency, and promotion of ethics.After notification of the best evaluated bidder, any bidder aggrieved may contest the award within ten (10) working days. A disgruntled bidder has three avenues for redress: The Accounting Officer, the Public

Procurement and Disposal of Public Assets Appeals Tribunal and the High Court.

First Instance: Complaint to the Accounting officer

A bidder who is aggrieved by the decision of a procurement entity, or believes there is or was omission or breach of procurement regulations or guidelines, may make a complaint to the Accounting Officer of the procurement entity. The complaint has to be in writing and must be submitted to the Accounting Officer on payment of the prescribed fees within ten (10) working days after the date the bidder first becomes aware or ought to have become aware of the circumstances that give rise to the complaint. Upon the receipt of the complaint, the accounting officer immediately suspends the procurement or disposal process, by not signing the contract with the best evaluated bidder. The Accounting Officer makes and communicates a decision in writing addressed to the bidder who made the complaint indicating the reasons for the decision and corrective measures to be taken, if any within ten days of receipt of the complaint.

Second Instance: Application to the Tribunal

The Public Procurement and Disposal of Public Assets Appeals Tribunal consists of the Chairperson who qualifies to be a judge of the High Court and six (6) other members.  If the Accounting Officer does not make or communicate a decision within the prescribed period or where a bidder is not satisfied with the decision of the Accounting Officer, or the bidder believes the accounting officer has a conflict of interest, the aggrieved bidder may make an application to the Tribunal. In the event the aggrieved bidder intends to make an application the Tribunal, the bidder has to give the Accounting Officer notice within five (5) working days from when the right to apply to the Tribunal is manifested. The procurement or disposal process remains suspended until the Tribunal makes a decision. The Tribunal has to issue a decision within a period of not more than fifteen (15) working days upon receipt of an application for review. The Tribunal has powers of the High Court to summon a person before it to give evidence or to produce books, documents or things mentioned in the summons, that are in the possession, custody or control of the person named in the summons. An application to the Tribunal for review of a decision of the Accounting Officer shall be in writing in the prescribed form. 

Third Instance: Appeal to the High Court

A party to the proceedings before the Tribunal who is aggrieved by the decision of the Tribunal, may, within thirty days after being notified of the decision of the Tribunal or within such further time as the High Court may allow, lodge a notice of appeal with the Registrar of the High Court, and serve it to the other party to the proceeding before the Tribunal. An appeal to the High Court may be made on questions of law only, and the notice of appeal shall state the question of law that forms the appeal. The High Court shall hear and determine the appeal and make decisions or orders as it deems appropriate. The decision or order of the High Court is final and conclusive and shall not be appealable to any other court.   

The procurement or disposal process that is suspended resumes after the decision of the Tribunal. This implies that once the Tribunal rules in favor of the best-evaluated bidder, the  Accounting Officer of the procuring entity can go ahead and sign a procurement contract with the best evaluated bidder.