Functions of Bid Protest Committee need amending-Procurement Commission

Feb 26, 2017 News

It is the view of the Public Procurement Commission (PPC), that both the provisions of the Act and the Regulations which deal directly with the appointment and functioning of the Bid Protest Committee need “immediate” revision, given the fact that they overlap with that of the Commission.
In this regard, the entity pointed out that a bidder whose tender or proposal has been rejected and is aggrieved may submit a written protest to the procuring entity in the manner and time-frame specified in Section 52 of the Act.
The Commission said that that bidder may later make the protest to the PPC under section 53 of the Act.
The Commission said that Section 53, however, needs clarification and possible amendment, as its provisions, unless revised; appear to run directly in conflict with the provisions of Articles 212AA. (1) (h) and (i) of the Constitution, which place the authority to investigate complaints from suppliers, contractors and public entities, as well as investigate cases of irregularity and mismanagement, with the PPC.
“For example, Section 53 (6) of the Act states that the decision of the Bid Protest Committee shall be final and immediately binding upon the procuring entity and clause 13 (9) of the Regulations states that the award of the Bid Protest Committee shall not be open to administrative review. Until these apparent conflicts are resolved the Commission will be constrained from effectively carrying out its constitutional mandate.”
The Commission also noted that the primary impediments to the full operation of the PPC are the absence of appropriate office accommodation, adequate budgetary resources, transition of functions from the National Procurement and Tender Administration Board (NPTAB) and requisite staffing of the Secretariat of the Commission.
The body said that these issues have affected the accessibility of the PPC to the full range of stakeholders that it is intended to serve and restricted its ability to fully execute its functions in a stable and appropriate environment.
With regard to the NPTAB, the Commission also noted that it has been in talks with respect to the transition of functions.
According to a missive to the media, Section 17 (2) of the Procurement Act enables the Tender Administration to carry out certain functions of the Commission until its establishment.
These functions, which include making regulations governing procurement to carry out the provisions of the Act, are listed in Section (2) (a) to (f) of the Procurement Act.
However, the Commission pointed out that Section 17 (3) clearly identifies that these functions shall be the responsibility of the PPC, once it is established.
The PPC disclosed that it has already held discussions with the Minister of Finance, as well as, officials within the Ministry of Finance and the National Procurement and Tender Administration with respect to the transition of these functions to the PPC.

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