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ZPPA issues new appeal guidelines to all bidders, suppliers

• Issuance of the appeal procedure is in accordance with Section 100 (1), (2) and (3) of the Public Procurement Act.
• This is contained in a Circular issued and signed by ZPPA Acting Director General Justin Matimuna.
• It is a requirement that all applications for review or appeal are submitted to ZPPA, accompanied by a non-refundable fee of K1, 000.

Zambia Public Procurement Authority (ZPPA) has issued new appeal guidelines to all bidders and suppliers contesting a procurement decision made by any Procuring Entity.
In a statement, Authority Public Relations Officer Nchimunya Muganya said the issuance of the appeal procedure is in accordance with Section 100 (1), (2) and (3) of the Public Procurement Act (PPA) No. 8 of 2020 and Public Procurement Regulation (PPR) 241.
Ms. Muganya said this is contained in a Circular issued and signed by ZPPA Acting Director General Justin Matimuna and addressed to all Permanent Secretaries and Controlling Officers, Chief Executives of parastatals, all Town Clerks and Council Secretaries of Local Authorities.
Meanwhile, Authority Acting Director General Justin Matimuna stated that bidders are expected to follow the new laid down appeal guidelines as outlined in form eight of regulation 241(2) of the Public Procurement Regulation.
Mr. Matimuna said an appeal should be made within ten working days from the date the bidder submitting the application was informed or became aware of the circumstances, adding that the issuance of circular No. 13 of 2022 supersedes Circular No. 2 of 2015.
He 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 forfeits the application fee and cannot revive the appeal at any given point.
Mr. Matimuna further said 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,” Mr. Matimuna said.
He further stated 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.
“Upon receiving an appeal notice, ZPPA will inform the Controlling Officer or Chief Executive Officer of the procuring entity to which the appeal relates to suspend the procurement proceedings,” he added.
According to the appeal procedure, bidders are required to; state the name and contact details of the bidder or supplier, state the name of the procuring entity to which the application relates, provide details of the procurement requirement to which the appeal relates, including any reference number, state the legal and factual grounds of the appeal, including documentary or other evidence supporting the application for appeal.
Other requirements include; 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, provide information establishing the timelines of the appeal, including the date that the bidder or supplier became aware of the circumstances giving rise to the appeal and the dates of any contract award; and the remedy sought.

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