Complaints Procedure

PROCEDURE RELATING TO COMPLAINTS UNDER THE PUBLIC PROCUREMENT LAW, 2008

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:

  1. Administrative Review by the Accounting Officer of a Procuring or Disposing Entity: Section 51(2);
  2. Administrative Review by the Bureau on Public Procurement: Section 51(3) - (6); 
  3. Mediation: Section 51(7)(a); and
  4. Arbitration: Section 51(7) (b).

 

  1. Administrative Review by Accounting Officer of a Procuring or Disposing Entity
  2. A bidder may seek administrative review of an omission or breach by a procuring or disposing entity under the provisions of the Public Procurement Law or any regulations or guidelines made under the Law or the provisions of bidding documents.  A complaint arising from procurement or disposal proceedings or award of contract may be submitted to, reviewed and decided upon by, the Accounting Officer of a Procuring or Disposing Entity.

Submission of Application for Administrative Review

  1. An application for administrative review shall be submitted in writing to the Accounting Officer of a procuring or disposing entity within fifteen (15) working days of the supplier, service provider, contractor or asset buyer becoming or should have become aware of the circumstance(s) giving rise to the complaint.
  2. An application for administrative review shall include:
  3. details of the procurement or disposal transaction to which the Complaint relates;
  4. details of the provisions of the Law, Regulations or provision in the bidding document that has been breached or omitted;
  • an explanation of how the provisions of the Law, Regulation or provision in the bidding document has been breached or omitted, including the dates and name of the responsible public officer, where known;
  1. documentary evidence or other evidence supporting the complaint where available;
  2. relief or remedy sought; and any other information relevant to the complaint. 

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;

  1. The Accounting Officer shall investigate:
  2. the information and evidence contained in the application;
  3. the information in the records kept by the procuring or disposing entity;
  • the information provided by staff of the procuring or disposing entity;
  1. the information provided by other suppliers, contractors, service providers or asset buyer; and
  2. any other relevant information. 
  3. Conclusion of an Administrative Review by the Accounting Officer
    The Accounting Officer shall, within fifteen (15) working days after receipt of the complaint, deliver a written decision, which shall indicate:
  4. whether the application is upheld in whole, in part or rejected;
  5. the reasons for the decision; and
  • any other corrective measures to be taken; 

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”); 

  1. The Accounting Officer shall submit a copy of the decision to the RSBoPP;
  2. Where the Accounting Officer does not issue a decision within the specified 
    time, the supplier, contactor, service provider or asset buyer submitting the complaint shall be entitled to refer the complaint to the RSBoPP; and

Once a complaint has been referred to the RSBoPP, the Accounting Officer shall cease to have competence to entertain the complaint.

  1. Administrative Review by the RSBoPP

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.

  1. 2    Procedure for Review by the RSBoPP

(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.

  1. Mediation
    Where the RSBoPP fails to render its decision within twenty-one (21) working days following the submission of an application to it by a bidder or where a bidder is not satisfied with the decision of the RSBoPP, it may refer the matter for mediation, without legal representation. 
    1    Procedure for Mediation 
    A bidder not satisfied with the decision of the RSBoPP may seek redress by mediation. A single Mediator selected by the parties shall conduct the mediation.  Failing an agreement, the Mediator shall be nominated by the President of the professional body of the nature of the subject matter. Provided that where the dispute relates to a legal matter or the interpretation of an agreement, mediation shall be conducted by an Advocate practising as a Member of the Nigerian Bar Association to be mutually agreed by the parties, and failing an agreement, the Mediator shall be nominated by the Chairman of any of the Branches of the Nigerian Bar Association in Rivers State.

(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.

  1. Arbitration
    Where either party is dissatisfied with the opinion of the Mediator, or where mediation fails, then a party may with the consent of the other party refer the matter for arbitration. 
    1    Procedure for Arbitration
    A matter submitted to arbitration shall be resolved by a single arbitrator selected by agreement of the parties.  Failing an agreement, the arbitrator shall be nominated by the President of the professional body of the nature of the subject matter. Provided that where the dispute relates to a legal matter or the interpretation of an agreement, arbitration shall be conducted by an Advocate practising as a Member of the Nigerian Bar Association to be mutually agreed by the parties, and failing an agreement, the arbitrator shall be nominated by the Chairman of any of the Branches of the Nigerian Bar Association in Rivers State.
         (a)    Upon appointment, the Arbitrator 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 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

32425930_10209044555469921_2029779571036913664_n.png
We ensure transparency, accountability, competition, economy, fitness for purpose
achieve value for money.
22, Nzimiro Street, Amadi Flats, Old GRA, Port Harcourt
+234 703 604 5719
info@rsbopp.rv.gov.ng

Newsletters

Search