Section 65, The Public Procurement Act, 2016

(1) Subject to subsection (4), an application for reviewmay be brought before the 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; 58 59 Review by independent procurement review panel. Right to review. Review by head of procuring entity. (c) in the case where the contract has already entered into force, any application for review submitted in the first instance to the Panel shall not be entertained unless it is submitted to the Panel within ten working days of 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. (d) in the form of an appeal by the complaining bidder against a decision by the Authority pursuant to a debarment process. (2) In order for an application for review to be considered by the Panel, the application shall be accompanied by both an administrative fee and a complaint fee as specified in the regulations. (3) The Panel shall make a decision under this section within ten working days after receiving the complaint. (4) A complaint may be dismissed for– (a) failure to comply with any of the requirements of this Part; (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 Panel; (d) reasons relating to contract implementation or administration rather than contract award; (e) challenging an affirmative determination of qualifications of a competing bidder. (5) Unless a complaint is dismissed, the remedies that may be ordered by the Panel include– (a) prohibiting the procuring entity from acting or deciding in an unauthorized manner or from following incorrect procedure; (b) annulling in whole or in part any unauthorised act or decision of a procuring entity, including contract award or any decision or act bringing the contract into force; (c) reversing a decision by the procuring entity or substituting its own decision for such a decision; (d) award of costs incurred in participating in the bidding process where the results were not in accordance with this Act or any regulation made under it. (6) Where a timely submission of a complaint is made in accordance with deadlines set in this section the procurement processes shall be suspended until a decision on the complaint is issued by the Panel. 60 61 (7) The suspension under subsection (6) shall not apply if the procuring entity certifies to the Panel 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 processes, and shall be conclusive with respect to all levels of review, except judicial review. (9) Where the Panel has found that a criminal act may have been committed, it shall forward its decision and recommendations to the competent authority for possible criminal investigations or prosecution PART VIII – DISPOSAL OF STORES AND EQUIPMENT