Procedure for Lodging Complaints Under the Public Procurement Law, 2008

The Rivers State Public Procurement Law, 2008 outlines a structured approach for addressing procurement-related grievances. This four-step redress mechanism promotes fairness, transparency, and accountability:

• Administrative Review by the Accounting Officer – Section 51(2)
• Administrative Review by the Bureau – Sections 51(3)-(6)
• Mediation – Section 51(7)(a)
• Arbitration – Section 51(7)(b)

1. Administrative Review by the Accounting Officer

Aggrieved bidders may request a review of any omission or breach by the procuring entity. Complaints must be submitted within 15 working days of awareness.

Application Requirements:

• Details of the procurement/disposal in question
• Legal or procedural provision breached
• Explanation of the breach, with dates and officer name (if known)
• Supporting evidence
• Requested relief or remedy

No fee is required for this application.

1.2 Procedure & Decision

The Accounting Officer shall:

• Acknowledge receipt
• Possibly suspend procurement actions
• Investigate all sources including records and other bidders

A written decision must be made within 15 working days, detailing the outcome and any corrective action. If no decision is given, or the bidder is unsatisfied, the matter may be referred to the Bureau.

2. Administrative Review by RSBoPP

If unsatisfied with the Accounting Officer’s response, bidders may apply to RSBoPP within 10 working days, attaching:

• Copy of the original complaint and documents
• Relevant correspondence
• Statement of dissatisfaction or no response

Fee: ₦25,000 (non-refundable)

2.2 Procedure & Decision

RSBoPP must:

• Notify all parties within 2 working days
• Possibly suspend procurement
• Review all relevant information

Decision to be issued within 21 working days. Further dissatisfaction allows for Mediation.

3. Mediation

If unsatisfied with RSBoPP’s decision or delay, parties may initiate mediation. A Mediator shall be chosen mutually or nominated appropriately.

Mediator’s Duties:

• Notify parties and suspend procurement
• Collect relevant submissions
• Deliver a decision in 21 working days

If resolution is not acceptable, the matter may proceed to Arbitration.

4. Arbitration

With consent, arbitration may follow mediation. The Arbitrator is selected jointly or nominated similarly to mediation rules.

• Notice must be given within 2 working days
• Procurement may be suspended
• All information and evidence will be reviewed

Decision: Must be rendered within 21 working days and is final under the Public Procurement Law (subject to constitutional redress).

This process reflects the Bureau's unwavering commitment to fairness, accountability, and excellence in public procurement.