The Zambia Public Procurement Authority (ZPPA) has issued guidance on the revised appeals procedure to clarify issues and align it with the Public Procurement (Amendment) Act No.17 of 2023.
This is in a Circular to all the Permanent Secretaries and Controlling Officers, Chief Executives of parastatals and statutory bodies, all Town Clerks and Council Secretaries of Local Authorities, and suppliers of goods, works and services.
ZPPA Director General Idah Chella has issued guidance on revised timelines for lodging and undertaking appeals and investigations from 10 working days to 5 working days.
Mrs. Chella has advised that the 5 working days is effective from the date the bidder submitting the application was informed or became aware of the circumstances giving rise to the application or from the date the bidder should have become aware of those circumstances, whichever is earlier.
“An appeal should among other conditions, be in writing using Form VIII set out in Regulation 241 (2) of the Public Procurement Regulations, 2022 of the First Schedule, and signed by the bidder, supplier or their representative and accompanied by proof of payment of the prescribed fee in accordance with section 100 (3) of the Public Procurement Act No.8 of 2020 as amended by section 32 of the Public Procurement (Amendment) Act No.17 of 2023,” said Mrs. Chella in a statement to RCV News in Lusaka today.
Mrs. Chella has advised that an appeal should state the legal and factual grounds of the appeal including documentary or other evidence supporting the application for appeal.
“An application for review or appeal shall be submitted to the Authority and accompanied by a payment of a K1000.00 non – refundable fee in the manner outlined in the guidelines for submitting appeals,” said Mrs. Chella.
She said that a bidder or supplier may withdraw an application for appeal in writing at any time before the appeal committee renders a decision.
Meanwhile, Mrs Chella said a bidder or supplier that withdraws an appeal shall forfeit the application fee and shall not revive the appeal,” the Circular reads in part.
Mrs. Chella has advised that the Authority shall immediately on receipt of an appeal inform the Controlling Officer or Chief Executive Officer of the procuring entity to which the appeal relates, to suspend the procurement proceedings pending outcome of the appeal.
“Any documentation requested for by the Authority from a procuring entity for the purposes of an appeal shall be submitted to the Authority within two working days of receipt of the request unless the procuring entity can show reasonable cause why the documents cannot be submitted within two working days,” the Circular reads in part.
She said that the Circular supersedes the ZPPA Circular No.13 of 2022.
This is according to a statement issued to RCV News in Lusaka today, by ZPPA Principal Public Relations Officer Iñutu Mushambatwa.
By Michelo Hachizibe.
