Govt. sets up independent appeal mechanism for procurement sanctions

• Bidders, suppliers, contractors and service providers can appeal sanctions, debarment and blacklisting decisions
• Three-member committee headed by retired judge; two former Ministry Secretaries appointed as members
• Committee makes recommendations to Treasury Secretary following independent review
• Several appeals already considered since establishment

The Government has established an independent appeal committee allowing businesses to challenge sanctions, debarment, and blacklisting decisions imposed in public procurement, introducing a formal independent review mechanism that was previously absent from the procurement system.

The Finance, Planning and Economic Development Ministry said the mechanism had been established under Section 10.2 of Chapter 10 of the Procurement Guidelines – 2024 for Goods, Works and Non-Consultancy Services, with the aim of strengthening fairness, transparency, and confidence in public procurement.

The new mechanism provides bidders, suppliers, contractors, and service providers with an independent avenue to appeal against sanctions, debarment, or blacklisting decisions imposed by Chief Accounting Officers (CAOs) of Procuring Entities.

The Ministry said that until the establishment of the committee, there had been no formal mechanism, as required under Section 10.2 of the Procurement Guidelines – 2024, to independently review such appeals.

The committee was established following Cabinet approval on 8 June on a proposal submitted by the Finance, Planning and Economic Development Minister.

A three-member committee has been appointed for a three-year term, comprising a retired judge as Chairman and two former Ministry Secretaries as members.

The Ministry did not identify the three members in its media release.

The committee considers appeals based on written submissions, supporting evidence, and other relevant information provided by the parties concerned. It may also seek additional information or clarification where necessary to establish the circumstances surrounding a decision under review.

However, the committee does not replace the authority of Procuring Entities. Its mandate is to independently assess appeals and submit recommendations to the Treasury Secretary, who exercises the relevant authority under the Procurement Guidelines 2024.

The Department of Public Finance serves as the committee’s Secretariat, facilitating the appeals process, providing administrative and procedural support, and coordinating communication with relevant institutions.

The Finance Ministry said the committee has already considered several appeals lodged by bidders against sanctions imposed by CAOs of relevant Procuring Entities and submitted its recommendations to the Treasury Secretary.

For businesses participating in Government tenders, the mechanism provides an avenue outside the Procuring Entity to seek a review of decisions affecting their ability to participate in public procurement. Businesses are also able to submit relevant evidence and explanations as part of the review process.

The Ministry said the mechanism was intended to improve transparency and accountability in procurement decisions and provide businesses with greater confidence in participating in Government procurement opportunities.

It said the establishment of the committee was aimed at strengthening the institutional framework for governance and integrity in public procurement while supporting fair participation and the protection of public resources.