Remedies available for aggrieved tenderers under PPR 2008 : a diagnostic analysis

Abstract

Like any other Public procurement rules/regulation/directives, Public Procurement Rules 2008 (PPR 2008) has also well defined grievance remedy procedures. Under the PPR 2008, there are four stages of complaints lodge procedure. But seeking remedy at the level of the Review Panel is the last stage of getting remedy by a tenderer. Actually, the enforcement of rules of PPR 2008 relies heavily on complaints/appeal petitions brought by aggrieved tenderer for public contracts before the four stages of complaints lodge procedure specifically at Review Panel level. The study considers the extent to which the existing remedial system, available for aggrieved tenderer under PPR 2008, is an effective mechanism through text-based research, by analyzing the text of related statutes and records of disposed appeal petitions, and validation of the observations/data, found by reviewing the contents of disposed appeal petitions, by conducting interviews with a tiny size of sample. The findings of the research indicate that with all its weaknesses the existing remedy procedure is best available mechanism for ensuring transparency, efficiency and accountability in the public procurement system of Bangladesh. But for making it effective in true sense immediate intervention is needed from strategic level in the forms of (i) ensuring intensive monitoring of the procurement processes by the supervisory layer, (ii) ensuring proper functioning of three tiers of the administrative remedy procedure, (iii) taking initiative from the government side to formally orient the tenderer about the remedy provision, and (iv) issuing circular explaining the areas, where disagreements are being happening during interpretation, and providing the correct interpretation by the CPTU. Before this study was undertaken, no study was conducted on remedy procedures available for the tenderer under the PPR 2008. It is hoped that the study would shed light on different related issues and will be of some use to policy makers.