Pusuc PROCUREMENT AND DisPOsAL oF Pusuc AssETS
Cap.22:23
No.S/2017
(a)
a procuring entity has not conceded that it breached a duty as alleged in
a challenge; or
(b)
the bidder that lodged the challenge is dissatisfied with any steps taken
or to be taken in terms of section 73(5)(b) to rectify the breach alleged
in a challenge;
the bidder may within five days after lodging the cballenge apply in writing to the
Authority for the procurement proceedings concerned to be reviewed by a review panel.
(2) An application shall be made in writing, setting out(a)
the grounds of the challenge, as stated in the written notice lodged with
the procuring entity in terms of section 73( l ); and
(b)
whether the procuring entity has notified the bidder of any steps it has or
proposes to take to rectify the breach alleged in the challenge, and if it
has done so, the reasons why the bidder is dissatisfied with them.
(3) Within seven days after receiving an application under subsection ( l ), the
Authority shall appoint a review panel to hear the challenge and shall fix a date for the
hearing.
(4) The making of an application to the Authority within the five-day period
specified in subsection (1), shall suspend the challenged procurement proceedings
until(a) the review panel determines the challenge; or
(b)
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the review panel cancels the suspension in terms of section 76(7).
Appointment of review panels
( 1) Review panels shall be appointed from one or more lists of panellists
prepared by the Authority in terms of this section.
(2) The Authority shall select persons for inclusion on a list of panellists by(a)
requesting(i) the Law Society of Zimbabwe; and
(ii) the Civil Service Commission; and
(iii) organisations representing professional associations or bodies or
commercial and industrial entities; and
(iv) other organisations which, in the opinion of the Board, have
or represent persons who have expertise in fields relating to
procurement;
(b)
to nominate persons for inclusion on the list; and
publishing advertisements in newspapers circulating in Zimbabwe, calling
on persons to apply for inclusion on the list;
and selecting from the nominees and the persons who respond to the advertisements
panellists who(i) are or have been registered legal practitioners; or
(ii) have been senior officers in the Civil Service with experience in
procurement; or
(iii) have qualifications or experience in fields relating to procurement.
(3) The Authority shall keep the lists of panellists at its offices available for
inspection by members of the public, free of charge, during normal office hours.
(4) A review panel for any challenge shall consist of at least three members
appointed by the Authority from a list ofpanellists, of whom-
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