Section 65, The Public Procurement Act, 2004

(1) Subject to subsection (4), an application for reviewmay be brought before the Independent Review Panel in the following circumstances:– (a) in the form of an appeal by the complaining bidder against a decision by the head of the procuring entity, provided that the appeal is submitted within ten working days of the date of the decision; (b) where the head of a procuring entity fails to render a decision within the required time frame, provided that the application for review is filed within ten working days of the expiry of the time for the decision by the head of the procuring entity referred to in subsection (3) of section 64; (c) in the case where the contract has already entered into force, any application for review submitted in the first instance to the Independent Procurement Review Panel shall not be entertained unless it is submitted to the Panel within ten working days or when the bidder submitting it became aware of the circumstances giving rise to the complaint or of when that bidder should have become aware of those circumstances, whichever is earlier. (2) In order for an application for review to be considered by the Independent Procurement Review Panel, the application shall be accompanied by an administrative fee in accordance with the regulations. (3) The Independent Procurement Review Panel shall make a decision under this section within ten working days after receiving the complaint, and such decision shall be binding on all the parties. (4) A complaint may be dismissed for– (a) failure to comply with any of the requirements of this Part; Review by head of procuring Review by Independent Review Panel. 56 57 (b) setting forth only allegations that do not state a valid basis for a complaint, or that do not set forth a detailed legal and factual statement; (c) having been filed in an untimely manner, either at the initial level of review by the procuring entity, or with respect to deadlines for filing of a complaint with the Independent Procurement Review Panel; (d) concerning contract implementation or administration rather than contract award; (e) challenging an affirmative determination of qualifications as regards a competing bidder. (5) Unless a complaint is dismissed, the remedies that may be ordered by the Independent Procurement Review Panel include– (a) prohibiting the procuring entity from acting or deciding in an unauthorised manner or from following incorrect procedure; (b) annulling in whole or in part any unauthorised act or decision of a procuring entity, other than any act or decision bringing the contract into force; (c) reversing a decision by the procuring entity or substituting its own decision for such a decision, other than any decision bringing the contract into force; (d) award of costs incurred in participating in the bidding process where the results were not in accordance with this Act or the regulations. (6) The timely submission of a complaint in accordance with deadlines set in this section suspends the procurement proceedings until a decision on the complaint is issued by the Independent Procurement Review Panel. (7) The suspension provided by subsection (6) shall not apply if the procuring entity certifies to the Authority that urgent public interest considerations, such as natural disasters, medical emergencies, civil strife and outbreak of war, require the procurement to proceed. (8) The certification, under subsection (7) shall state the grounds for the finding that urgent considerations exist and which shall be made a part of the record of the procurement proceedings, and shall be conclusive with respect to all levels of review, except judicial review. PART VII – DISPOSAL OF STORES AND EQUIPMENT