Following the setting up of a Bid Protest Committee (BPC), the Ministry of Finance today unveiled the procedures that bidders who are dissatisfied with how a contract has been awarded, must follow to have the award reviewed.
Last week, Minister of State Joseph Harmon announced the appointment of the Committee. Section 52 of Guyana’s Procurement Act provides for written protests by contractors within five working days from the award of the tender. In an ad in the Sunday Stabroek today, the Ministry identified the members of the three-person Committee as Renee McDonald, the chairperson; Archibald Clifton and Ewart Adams. Clifton is a former Manager of the Guyana Telephone and Telegraph Company while Adams is Company Secretary of Insurance Brokers Limited.
The ad said that a bidder, whose tender or proposal has been rejected may submit a written protest to the procuring entity. However, if the procurement proceedings have already led to an effective contract, the complainant may complain directly to the BPC.
The protest must be submitted within five business days following publication of the contract award decision. If the protest is not reviewed by the procuring entity within five business days from the date of the protest’s submission, the bidder may submit a request for review to the National Board, in the absence of the Public Procurement Commission. The National Board shall conduct bid protest reviews through an independent, three-person BPC who shall be appointed from among professionals who are particularly competent in the field of procurement.
The Committee, the ad said, shall proceed urgently with the review of the complaint and shall make every effort to reach its award decision within ten working days from receipt of the complaint.
The ministry said that the BPC shall issue a written decision within 15 business days of the conclusion of the review, stating the reasons for the decision and the remedies granted, if any. Final award is suspended during this period.
“The suspension referred to above, and detailed in the Regulations, shall not apply if a procuring entity certifies that public interest considerations require the procurement to proceed. The certification, which shall state the grounds for the finding that such considerations exist and which shall be made part of the record of the procurement proceedings, is not open to complaint and review,” the Ministry said.
It emphasised that the decision of the BPC shall be final and immediately binding upon the procuring entity.
The Ministry said that a “registration fee” determined by the Administration, shall have to be paid by the complainant.
The BPC can dismiss the complaint as being frivolous or can grant several remedies including rejecting the complaint stating its reasons and advising the procuring entity to continue with the procurement process. It can also state the rules or principles that govern the subject matter of the complaint and instruct both parties to act accordingly or it can prohibit the procuring entity from acting or deciding unlawfully or from following an unlawful procedure. The BPC can also annul in whole or in part an unlawful act or decision by the procuring entity, other than any act or decision bringing the procurement contract into force. It can also order the procuring entity to compensate the complainant for any reasonable costs incurred by the complainant as a result of an unlawful act or decision of or procedure followed by the procuring entity. Finally, it can order that the procurement proceedings be terminated.
The Ministry say that once the complaint has been finally dealt with by the BPC, the complaint and the award shall be promptly made available by the Administration for inspection to the general public, provided, however, that no information shall be disclosed if its disclosure would be contrary to law, would impede law enforcement, would not be in the public interest, would prejudice legitimate commercial interests of the parties or would inhibit fair competition.
