ZPPA issues new procurement guidelines
NEW appeal guidelines to all bidders and suppliers contesting a procurement decision made by any Procuring Entity (PE) have been issued by the Zambia Public Procurement Authority (ZPPA).
According to the appeal procedure, bidders are required to, among others, state the legal and factual grounds of the appeal, including documentary or other evidence supporting the application for appeal.
They are also required to 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.
The issuance of the appeal procedure is in line with Section 100 (1), (2) and (3) of the Public Procurement Act (PPA) No. 8 of 2020 and Public Procurement Regulation (PPR) 241.
This is contained in a circular issued and signed by ZPPA acting Director General, Justin Matimuna, addressed to all Permanent Secretaries and controlling officers, chief executives of parastatals, all chief executives of local authorities.
“Bidders are expected to follow the new laid down appeal guidelines as outlined in form VIII of regulation 241(2) of the Public Procurement Regulation (PPR).
“Pursuant to regulation 241(2) of the PPR, an appeal application shall be in writing and in line with form VIII, signed by the bidder, supplier or their representative and accompanied by proof of payment of the prescribed fee,” Mr Matimuna said.
He guided that an appeal should be made within 10 working days from the date the bidder submitting the application was informed or became aware of the circumstances.
This, Mr Matimuna said, should give rise to the application or from the date the bidder become aware of those circumstances, whichever was earlier.
He said the appeal should state the name and contact details of the bidder or supplier, state the name of the procuring entity to which the application relates and provide details of the procurement requirement to which the appeal relates, including any reference number.
“It is a requirement that all applications for review or appeal are submitted to the Authority and accompanied by a payment of a non-refundable fee of K1, 000.
“Bidders and suppliers are advised to ensure that complaints relate to specific alleged breaches of the PPA and PPR and should be accordance with the provided guidelines,” he said.
He also noted that a bidder or supplier may withdraw an application for appeal at any time before the appeal committee renders a decision adding that a bidder or supplier who withdraws an appeal forfeit the application fee and cannot revive the appeal at any given point.
Mr Matimuna noted that upon receiving an appeal notice, ZPPA would inform the controlling officer or chief executive officer of the procuring entity to which the appeal relates to suspend the procurement proceedings.