Describe the procedures followed by the Public Procurement Administrative Review Board in the settlement of procurement disputes.

The Public Procurement Administrative Review Board follows a set of procedures in the settlement of procurement disputes. These procedures typically include the following steps:

1. Filing a complaint: The first step in the process is for the aggrieved party to file a complaint with the Public Procurement Administrative Review Board. The complaint should outline the specific grounds for the dispute and provide any relevant evidence to support the claim.

2. Notification to the other party: Once the complaint has been filed, the Public Procurement Administrative Review Board will notify the other party involved in the dispute. This party will then have the opportunity to respond to the complaint and provide their own evidence and arguments.

3. Review of the evidence: The Public Procurement Administrative Review Board will review all of the evidence presented by both parties in order to determine the facts of the case. This may involve conducting interviews, reviewing documents, and consulting with experts in the field.

4. Mediation or negotiation: In some cases, the Public Procurement Administrative Review Board may attempt to facilitate a resolution to the dispute through mediation or negotiation. This can help the parties reach a mutually agreeable solution without the need for a formal hearing.

5. Formal hearing: If mediation or negotiation is unsuccessful, the Public Procurement Administrative Review Board will schedule a formal hearing to hear arguments from both parties. Each party will have the opportunity to present their case, call witnesses, and cross-examine the other party's evidence.

6. Decision: After the formal hearing, the Public Procurement Administrative Review Board will issue a decision on the dispute. This decision will outline the findings of the Board, as well as any recommendations for resolving the dispute.

7. Enforcement: Once a decision has been issued, the parties involved in the dispute are expected to comply with the Board's ruling. Failure to do so may result in further legal action or penalties.

Overall, the Public Procurement Administrative Review Board follows a thorough and transparent process for settling procurement disputes, with the goal of ensuring fair and equitable outcomes for all parties involved.

Procedures Followed by the PPA Review Board in Procurement Dispute Settlement

1. Filing of Complaint

- The aggrieved party files a complaint within 30 days of receiving notification of the award.
- The complaint must include specific grounds for the dispute and supporting evidence.

2. Pre-Hearing Conference

- The Board schedules a pre-hearing conference to discuss the issues and establish a schedule for the dispute resolution process.

3. Discovery

- Parties exchange relevant documents and information to facilitate a fair review of the dispute.

4. Hearing

- A public hearing is held where parties present their evidence and arguments.
- The Board may request additional information or expert testimony as needed.

5. Decision

- The Board issues a written decision within 60 days of the hearing.
- The decision may include findings of fact, conclusions of law, and remedies.

6. Remedies

- The Board has the authority to:
- Declare the award null and void
- Modify the award
- Revoke the award and order a new procurement
- Award damages to the aggrieved party

7. Appeal

- Decisions of the Board can be appealed to the High Court.
- Appeals must be filed within 30 days of the receipt of the decision.

Additional Considerations:

- The Board's decisions are final and binding on the parties involved in the dispute.
- The process is typically faster than legal proceedings in a court of law.
- The Board aims to resolve disputes fairly and efficiently, protecting both the interests of the procuring entity and the bidders.