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Submit a Complaint

The Public Procurement Commission (PPC) is empowered to investigate complaints. Art. 212AA(h) of the Constitution mandates the Commission to-

investigate complaints from suppliers, contractors and public entities and propose remedial action

The execution of the aforesaid mandate is enabled by the Procurement Act, Cap. 73:05.

The said Act sets out the procedure for the investigation of complaints from suppliers and contractors with regard to the rejection of their bid or proposal. Contractors or suppliers who are dissatisfied with the rejection of their bid may apply for an Administrative Review.

Administrative Review

Complaints by contractors and suppliers (bidders) against the award of a tender are investigated by the Commission by way of “Administrative Review” pursuant to Part VII of the Procurement Act, Cap. 73:05.

The Procurement Act provides that-

  • The process of Administrative Review of an award of a tender is initiated on the contractor or supplier (bidder) submitting a written protest to the subject procuring entity of the award of the tender.
  • A bidder whose tender or proposal has been rejected must submit a written protest to the subject procuring entity in order to complain and or challenge the rejection of their bid.
  • The protest must be submitted within FIVE business days following the publication of the contract award decision.
  • If the protest is not reviewed or the bidder is dissatisfied with the review, the bidder may submit a request for a review within THREE working days to the Public Procurement Commission (PPC).
  • The PPC shall conduct the review of the decision of the procuring entity through an independent three person Bid Protest Committee.
  • The said Committee must issue a written decision within fifteen days of the conclusion of the review stating the reason for the decision and the remedy awarded if any.
  • Decisions on review are final and binding on the procuring entity.
  • The final contract award is suspended during the period of review.