Section 54: Administrative Review.
(1) A bidder may seek administrative review for any omission or breach by a procuring or disposing entity under the provisions of this Act, or any regulations or guidelines made under this Act or the provisions of bidding documents.
(2) A complaint by a bidder against a procuring or disposing entity shall first be submitted in writing to the accounting officer who shall:
(a) within fifteen working days from the date the bidder first became aware of the circumstances giving rise to the complaint or should have become aware of the circumstances, whichever is earlier;
(b) on reviewing a complaint, the accounting officer shall make a decision in writing within 15 working days indicating the corrective measures to be taken if any, including the suspension of the proceedings where he deems it necessary and giving reasons for his decision; or
(c) where the accounting officer does not make a decision within the period specified in sub-Section (2)(b).
(3) The bidder if not satisfied with the decision of the accounting officer, the bidder may make a complaint to the Bureau within 10 working days from the date of communication of the decision of the accounting officer.
(4) Upon receipt of a complaint, the Bureau shall promptly:
(a) give notice of the complaint to the respective procuring or disposing entity and suspend any further action by the procuring or disposing entity until the Bureau has settled the matter;
(b) unless it dismisses the complaint:
(i) prohibit a procuring or disposing entity from taking any further action
(ii) nullify in whole or in part an unlawful act or decision made by the procuring or disposing entity;
(iii) declare the rules or principles that govern the subject matter of the complaint; and
(iv) revise an improper decision by the procuring or disposing entity or substitute its own decision for such a decision.
(5) Before taking any decision on a complaint, the Bureau shall notify all interested bidders of the complaint and may take into account representations from the bidders and from the respective procuring or disposing entity.
(6) The Bureau shall make its decision within twenty-one working days after receiving the complaint, stating the reasons for its decisions and remedies granted, if any.
(7) Where the Bureau fails to render its decision within the stipulated time, or the bidder is not satisfied with decision of the Bureau, the bidder may appeal to the Federal High Court within 30 days after the receipt of the decision of the Bureau, or expiration of the time stipulated for the Bureau to deliver a decision.
Cite this section
Section 54, PUBLIC PROCUREMENT ACT (2007).
https://repo.podus.ai/laws/public-procurement-act/section/54/