Applications for Review or Appeal

A bidder or supplier who is aggrieved with a decision made by a procuring entity or an approvals authority may apply for review or appeal of the decision, to the Authority, in accordance with regulation 171 of the PPA.

Contents of Applications for Review or Appeal

1. An application for review or appeal, under regulation 170 shall be in writing and signed by the bidder, supplier or their representative to the controlling officer or chief executive officer and be made within ten working days of the decision or stage of the procurement proceedings to which it relates, and shall:
   • State the name and contact details of the bidder or supplier;
   • State the name of the procuring entity to which the application relates;
   • Provide details of the procurement requirement to which the complaint or application relates, including any reference number;
   • State the legal and factual grounds of the complaint or application, including documentary or other evidence supporting the application for review or appeal;
   • Provide information establishing that the bidder is an actual or prospective bidder, who has suffered, or that may suffer, loss or injury, due to a breach of duty imposed on a procuring entity;
   • Provide information establishing the timeliness of the application, including the date that the bidder or supplier became aware of the circumstances giving rise to the complaint or application and the dates of any contract award, complaint to the chief executive officer or decision by the chief executive officer;
   • Include a copy of any complaint submitted to the procuring entity and any decision issued by the controlling officer or the chief executive officer;
   • The remedy sought; and
   • Request that a review or an appeal be conducted by the Authority.
2. In addition to the contents specified in subregulation (1), an application for review or appeal, may:
   • Request special measures for the handling of proprietary commercial or other confidential information;
   • Request specific documents required by the bidder for the effective prosecution of its complaint or application, explaining the relevance of such documents to the grounds of the complaint or application; or
   • Request that a hearing be held, explaining the reasons why a hearing is needed to resolve the complaint or application.
   • A complaint or application for review or appeal shall be copied to the Authority and accompanied by payment of the fee set by the Authority in accordance with regulation 172 of the PPA.

Fee for Review or Appeal

1. The Authority shall set fees for reviews or appeals to the Authority against decisions of procuring entities, through issue of public procurement circulars.
2. The Authority shall make information on fees publicly accessible through the publication of the fees in a daily newspaper of general circulation in Zambia.
3. The level of fees set by the Authority shall be sufficient to deter frivolous complaints and applications, but shall not be set so high as to discourage genuine complaints and applications for review or appeal.
4. In the absence of any circular setting fees, no fee shall be charged.
5. Any fees set by the Authority under this regulation shall accrue to the Authority and be part of the funds of the Authority as specified under the Act.

Action by Controlling Officer or Chief Executive Officer

1. A controlling officer or chief executive officer shall immediately, upon receipt of an application for review or appeal, suspend the procurement proceedings.
2. A controlling officer or chief executive officer shall institute an investigation to consider:
   • The information and evidence contained in the application;
   • The information in the records kept by the procuring entity;
   • Information provided by staff of the procuring entity;
   • Any information provided by the bidder or supplier; and
   • Any other relevant information.
3. A controlling officer or chief executive officer shall, within five working days after receipt of the complaint, submit a written decision to the Authority indicating:
   • Whether the application should be upheld in whole, in part or rejected;
   • The reasons for the decision; and
   • Any corrective measure that should be taken by the bidder or supplier.
4. A controlling officer or chief executive officer shall submit a copy of the decision to the Procurement Committee and Head of a Procurement Unit.

Action and Decisions of Authority

1. The Authority shall, within five working days of the receipt of the submission of the controlling officer or chief executive officer:
   • Make a decision on the matter without holding a hearing of the parties; or
   • Hold a hearing of the parties in accordance with these Regulations.
2. The Authority shall request the bidder or supplier to submit, if they so wish, a statement of the bidders or suppliers complaint.