Administrative Review Board
The Public Procurement Administrative Review Board (PPARB) as stated in Section 25 of the Public Procurement and Disposal Act (PPDA), 2005 is a continuation of the Public Procurement Complaints, Review and Appeals Board which was established under the Exchequer and Audit (Public Procurement) Regulations, 2001. It was established to promote and uphold fairness in the Public Procurement System through judicious and impartial adjudication of matters arising from disputed procurement proceedings.
The Board is autonomous and is made up of six members nominated by various bodies as prescribed in Regulation 68 (1) (a) and three other members appointed by the Minister.
Sections 93 100 of the PPDA read together with Regulations 67 88 of the Public Procurement and Disposals Regulations, 2006 are the provisions that govern the Review Board.
Statistically, the PPCRAB has since its inception handled the following under of cases:
Year
No. of cases
2001 12
2002 44
2003 33
2004 46
2005 52
2006 58 as at 31st December, 2006
TRANSITION FROM 2001 REGULATIONS
As part of the Government reform agenda, the need to strengthen and streamline the procurement process was given prominence. This therefore, led to the enactment of The Public Procurement and Disposal Act, 2005 and Public Procurement Regulations 2006, which was operationalised on 1st January, 2007 vide a legal notice No. 174. The Third Schedule of the Act, Sections 11, 12 and 13 sets out the transitional provisions. Section 25 of the Act establishes the Public Procurement Administrative Review Board. The composition and membership of the Public Procurement Administrative Review Board is set out in Regulations 67-72 while procedures in reviews is set out in Regulations 73-88. The Public Procurement Administrative Review Board has so far handled 8 cases as at 8txh March, 2007. A request for a review and matters NOT subject to review are set out in Sections 93 (1) and 93 (2) of the Public Procurement and Disposal Act, 2005 respectively.
MODE OF FILING REQUESTS
The mode of filing requests to the Public Procurement Administrative Review Board is set out in Regulation 73, Sub-Regulations (2), (3) and (4).
FORMS OF REVIEWS
The Forms of reviews are set out in the Fourth Schedule pursuant to Regulation 73 (1).