Complaints Procedure

COMPLAINTS REDRESS

60. (1) A bidder may seek administrative review for any omission or breach under the provisions of this Law or any derivative documents under this Law by a procuring or disposing entity.

(2) A complaint by a bidder against a procuring or disposing entity shall first be submitted in writing to the Accounting Officer within fifteen working days from the date the bidder first became aware of the circumstances giving rise to the complaint or should have become aware of the circumstances, whichever is earlier.

(3) On reviewing a complaint, the Accounting Officer shall make and communicate a decision in writing within fifteen working days, indicating the corrective measures to be taken if any, including the suspension of the proceedings where necessary and giving reasons for his decisions.

(4) If the bidder is not satisfied with the decision of the Accounting Officer, the bidder may make a complaint to the Commission within ten working days from the date of communication of the decision of the Accounting Officer.

(5) Upon receipt of a complaint, the Commission shall promptly:

(a) give notice of the complaint to the respective procuring or disposing entity and suspend any further action by the procuring or disposing entity until the Commission has settled the matter;

(b) unless it dismisses the complaint:

(i) prohibit a procuring or disposing entity from taking any further action;

(ii) nullify, in whole or in part, an unlawful act or decision made by the procuring, or disposing entity; and

(iii) declare the rules or principles that govern the subject matter of the complaint.

(6) Before taking any decision on a complaint, the Commission shall notify interested bidders of the complaint and may take into account representations from the bidders and the respective procuring or disposing entity.

(7) The Commission shall make its decision within twenty-one working days after receiving the complaint, stating the reasons for the decisions and remedies granted, if any.

(8) Any other review after the decision of the Commission shall be by Judicial Review.

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