Public Procurement Administrative Review Board – PPARB
Public Procurement Administrative Review Board (PPARB) is a continuation of the Public Procurement Complaints, Review and Appeals Board which had been established under the Exchequer and Audit (Public Procurement) Regulations, 2001. It was established to promote and uphold fairness in public procurement through impartial adjudication of disputed procurement proceedings.
The board is autonomous and has six members nominated by various organisations as prescribed in Regulation 68 (1) (a) and three others appointed by the Minister for Finance.
The Public Procurement Administrative Review Board resolves disputes arising from candidates who claim to have suffered or risk suffering, loss or damage due to the breach of a duty imposed on a Procuring Entity by the Public Procurement and Disposal Act, 2005 or the Public Procurement and Disposal Regulations, 2006.
After the review of a dispute, the board may:
- Annul what the procuring entity has done in procurement proceedings
- Direct the procuring entity to do or redo the procurement proceedings
- Substitute the decision of the review board
- Order the payment of costs between parties to the review.
A decision of the review board is ﬁnal and binding on the parties although they have a right to go to court for judicial review. But this must be within 14 days from the date of the board’s decision. Any party aggrieved by the decision of the board may appeal to the High Court and the decision of the court is ﬁnal. If any party disobeys the decision of the board or the High Court, their actions would be null and void. But if judicial review is not declared within 30 days from the date of ﬁling, the decision of the board takes effect.
Scope of the Public Procurement Administrative Review Board
The Review Board was established to promote and uphold fairness in the Public Procurement system through judicious and impartial adjudication of matters arising from disputed procurement proceedings and as a major alternative to the court system.
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The Board in addition, adjudicates the Director – General’s decisions made against Procuring Entities on investigations and debarment of suppliers from participating in procurement proceedings.
Disputes arising from the Public Procurement are heard and determined by a Board which has capacity, competence and whose operation is necessitated by a quick delivery of justice.
The Board improves the process of appeals by determining cases brought to them faster and more efficiently.
The Review Board also offers general legal advice to the Procurement Stakeholders in relation to conflicts and proceedings during filing and/or hearings of the Review.