What you need to know:
If the accounting officer dismisses a complaint, he or she must notify the bidder of the dismissal and the reasons for it
During procurement process, competition is always stiff among the contesting bidders as they are all competing for one contract where only one contractor or supplier is needed.
When a contract is finally awarded, some bidders always remain unsatisfied with how the deal was awarded while others keep on wondering why they did not get that particular contract.
In that case, bidders are advised to apply for administrative review once they feel that there was breach of law in the awarding of the contract, especially by the procuring entity.
When a complaint is lodged by a discontented bidder, the administrative review board re-examines how the procuring entity managed the process to ensure it was done according to the law.
Mr Moses Kirungi, a procurement expert, said an administrative review is done when there are complaints from bidders claiming to have lost the tender due to breach of procurement guidelines by a procuring entity or competitors.
“If a bidder feels that there was breach of Public Procurement and Disposal of Public Assets (PPDA) laws during the procuring process, he or she should file for an administrative review of the process through the accounting officer of the procuring entity,” Mr Kirungi said.
He said this must be done within five working days after all bidders have been notified about the winner and the reasons for their failure to win the given contract.
On receiving the complaint, the accounting officer communicates in writing to bidders within 15 working days, indicating the corrective measures to be taken. These include the suspension of the proceedings, where he or she deems it necessary and giving reasons for his or her decision.
The accounting officer investigates a complaint filed considering the information and evidence presented.
If the accounting officer dismisses a complaint, he or she must notify the bidder of the dismissal and the reasons for it.
Mr Fred Ssentongo, a procurement practitioner, said if the accounting officer does not make a decision within the given period or if a bidder is not satisfied with the decision of the accounting officer, the bidder can appeal to PPDA within 10 working days from the date the accounting officer’s decision was communicated.