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.