COMPLAINTS PROCEDURE UNDER THE PUBLIC PROCUREMENT ACT

Regulations outline the complaints procedure for challenging public procurement decisions by federal entities. They target contractors, suppliers, and procurement bodies involved in disputes. This promotes fairness and accountability in government spending.

What Is This Policy?

The formal administrative procedure by which suppliers, contractors, and other affected parties may challenge procurement decisions made by federal government entities under the Public Procurement Act.

Who Does It Target?

Contractors and suppliers aggrieved by federal procurement decisions Procuring entities responding to procurement complaints The Bureau of Public Procurement adjudicating complaints Legal practitioners advising on procurement disputes

What Does It Aim to Achieve?

Provide a fair, accessible, timely, and independent mechanism for resolving procurement complaints, deter improper procurement decisions, and ensure accountability in public procurement.

Key Features

Two-Stage Process: Complaints first lodged with the procuring entity for internal review; unresolved complaints escalated to the BPP. Time Limits: Strict timelines within which complaints must be filed and each stage completed. Suspension of Process: Filing a complaint may trigger a standstill suspension of the contract award pending resolution. BPP Determination: The BPP issues a binding determination which may uphold, reverse, or modify the procurement decision.

Current Status

Rollout Stage: Active Coverage: All federal government procurement activities Beneficiaries: Contractors, suppliers, taxpayers, and the integrity of public procurement Funding: BPP operational budget

How to Access

File the first-stage complaint with the procuring entity within 15 working days of the disputed decision If unresolved, escalate to BPP within the prescribed further period Pay the applicable complaint filing fee (refundable if complaint is upheld) Application method: Submit complaints to the Bureau of Public Procurement at https://www.bpp.gov.ng

Important Terms

Complaints must be filed within strict time limits or they will be rejected Filing fees are refundable only if the complaint is upheld BPP determinations are administrative and may be appealed to the courts

Official Resources

Website: https://www.bpp.gov.ng Contact: Bureau of Public Procurement (BPP)

Legal Framework

Issued under the regulatory authority of the Bureau of Public Procurement (BPP) pursuant to the Public Procurement Act 2007, which is the principal statute. Operates alongside the Administrative Procedure provisions applicable to MDAs, the Federal High Court Act for judicial review of procurement decisions, and the Public Procurement Regulations. Aligns with UNCITRAL Model Law on Public Procurement complaint and review procedures.