The Public Procurement Law, 2008, provides for a framework for bidders to appeal against what they consider unfair decisions by procuring or disposing entities by lodging a formal complaint. The Law provides for a four-tiered approach to dealing with matters arising from procurement or disposal of asset by entities of government – State or Local Government. These are:
Submission of Application for Administrative Review
The Accounting Officer of a procuring or disposing entity shall not charge any fee with respect to an application for administrative review by an aggrieved bidder.
1.2 Procedure for the Review
The Accounting Officer shall entertain a complaint provided the complaint is submitted within fifteen (15) working days from the date the aggrieved supplier, service provider, contractor or asset buyer becoming or should have become aware of the Circumstance giving rise to the complaint;
Upon receipt of the application for administrative review, the Accounting Officer shall immediately acknowledge receipt of the application;
The Accounting Officer shall upon receipt of an application for administrative review, suspend the procurement or disposal proceedings where a continuation of the proceedings might result in an incorrect decision or worsen any damage already done;
The decision of the Accounting Officer shall be final unless the bidder applies for further review by the Rivers State Bureau on Public Procurement (the “RSBoPP”);
Once a complaint has been referred to the RSBoPP, the Accounting Officer shall cease to have competence to entertain the complaint.
2.1 Submission of Application to RSBoPP
A bidder who is aggrieved by the decision or omission of an Accounting Officer may refer the matter to the RSBoPP for review and administrative decision. This is applicable where:
the Accounting Officer does not make a decision within fifteen (15) working days after the submission of the complaint; or
the bidder is not satisfied with the decision of the Accounting Officer.
(b) An aggrieved bidder must submit an application for administrative review by the RSBoPP within ten (10) working days from the date of communication of the decision by the Accounting Officer or the expiration of fifteen (15) working days from the date of submitting the complaint to the Accounting Officer, where no decision has been communicated to such bidder.
(c) The application for administrative review shall be supported by:
a copy of the original application to the Accounting Officer and the supporting documents;
a copy of relevant correspondence to and from the Accounting Officer; and
a statement by the bidder that the Accounting Officer has failed to issue a decision and the relevant dates, where applicable or an explanation of why the bidder is not satisfied with the decision of the Accounting Officer, where applicable.
(d) The application shall be accompanied by the evidence of the payment of a non-refundable fee of Twenty-Five Thousand Naira (N25, 000.00) only.
(a) Upon receipt of an application, the RSBoPP shall within two (2) working days:
(i) give notice of the application to the procuring or disposing entity;
(ii) order the suspension of further action on the procurement or disposal transaction until the RSBoPP has dealt with the application; and
notify all interested bidders of the application and invite them to submit any relevant information prior to a given deadline;
(b) The RSBoPP shall deal with the application. In doing so the RSBoPP shall
consider, where appropriate:
the information and evidence contained in the application;
the information in the records kept by the procuring or disposing entity;
the information provided by staff of the procuring or disposing entity;
the information provided by other bidders; and
any other relevant information.
2.3 Conclusion of an Administrative Review by the RSBoPP
(a) The RSBoPP shall, within twenty-one (21) working days following the receipt of an application for administrative review, deliver a written decision on the matter. The decision shall indicate:
(i) whether the application is upheld in whole or in part or rejected;
(ii) the reasons for the decision; and
(iii) the corrective measure (s) to be taken.
(b) The decision of the RSBoPP shall be final unless the bidder refers the matter to Mediation.
(a) Upon appointment, the Mediator shall within two (2) working days:
(i) give notice of the application to the procuring or disposing entity and the
RSBoPP;
(ii) order the suspension of further action on the procurement or disposal transaction until the Mediation is concluded; and
notify all interested bidders of the proceedings and invite them to submit any relevant information prior to a given deadline;
(b) The Mediator shall deal with the application. In doing so the Mediator shall
consider, where appropriate:
the information and evidence contained in the application;
the information in the records kept by the procuring or disposing entity;
the information provided by staff of the procuring or disposing entity;
the information provided by other bidders; and
any other relevant information.
3.2 Conclusion of Mediation
(a) The Mediator shall, within twenty-one (21) working days following the receipt of an application, deliver a written decision on the matter. The decision shall indicate:
(i) whether the application is upheld in whole or in part or rejected;
(ii) the reasons for the decision; and
(iii) the corrective measure (s) to be taken.
(b) The decision of the Mediator shall be final unless the parties agree to refer the matter to Arbitration.
(i) give notice of the application to the procuring or disposing entity;
(ii) order the suspension of further action on the procurement or disposal transaction until the Bureau has dealt with the application; and
notify all interested bidders of the application and invite them to submit any relevant information prior to a given deadline;
(b) The Arbitrator shall deal with the application. In doing so the Arbitrator shall
consider, where appropriate:
the information and evidence contained in the application;
the information in the records kept by the procuring or disposing entity;
the information provided by staff of the procuring or disposing entity;
the information provided by other bidders; and
any other relevant information.
4.2 Conclusion of an Administrative Review by the RSBoPP
(a) The Arbitrator shall, within twenty-one (21) working days following the receipt of an application, deliver a written decision on the matter. The decision shall indicate:
(i) whether the application is upheld in whole or in part or rejected;
(ii) the reasons for the decision; and
(iii) the corrective measure (s) to be taken.
(b) The decision of the Arbitrator shall be final in terms of the Public Procurement Law without prejudice to the constitutionally guaranteed right to seek redress in the courts