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This study sought to examine if procurement appeals enhance compliance to Public Procurement Act No. 21 of 2004 and its Regulations of 2005 and 2007 on Organizations’ performance. Public Procurement Appeals Authority (PPAA) was taken as a Case Study. The research recognizes the importance of PPAA in receiving and determining appeals arising in Public Procurement. The objective is to have a fair dealing among parties and achieve the highest standard of compliance.
The research adopted descriptive case study design and survey in obtaining responses from sampled respondents. Data were collected from 15 respondents who were drawn from three sub-groups; PPAA, Appellants, and Defendants. Unrestricted random sampling was used to select sample for the study. Primary data were collected by using Observation schedule, Set of checklists and Interview schedules. Secondary data were collected by using Documentary review. Data collected were further analyzed and presented by using tabulation method, charts, and figures.
This study found that, Procurement Appeals have direct positive effects on Organizations’ performance in the sense that, in case Procuring Entities (PEs) violate any mandatory requirements of PPA 2004 and its Regulations: the aggrieved bidder(s) will be liable to submit complaints to the Head of PE and, if not satisfied with the decision, to PPRA, and the PPAA. In most cases, PPAA ordered the procurement process to start afresh, and the aggrieved bidder(s) to be compensated.
The study recommends among other recommendations, that PPAA should regularly conduct sensitization training in terms of seminars, workshops, and symposiums to all stakeholders including the Business community, Civil society, and the Media, in order to create public awareness of existence of PPAA which will open their eyes on modalities of complaints if mistreated in the whole bidding process; by so doing it will reduce the identified key defaults areas of PEs and Bidders. |
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