At what stage can a challenge to procurement proceedings be made in Zimbabwe?

A challenge to procurement proceedings can be made at any time where notice of the award of a contract has not yet been issued. In terms of section 73(2) of the Public Procurement and Disposal of Public Assets [Chapter 22:23] (the PPDPA Act), a challenge may be lodged at any stage of the procurement proceedings up to the date on which the notice of an award of contract is issued, provided that, where the grounds of a challenge concern alleged improprieties in the invitations to bid or to pre-qualify which have become apparent before bids were opened, the challenge should be lodged within fourteen days as per section 55(2) and section 60(14) of the PPDPA Act.

It is important to note that a challenge to procurement proceedings will generally not be entertained unless:

• in the written notice the bidder has identified the specific act or omission alleged to constitute a breach of duty on the party of the procuring entity;
• when lodging the written notice, the bidder deposits with the procuring entity a sum of money in the prescribed amount by way of security for costs.

Where a procuring entity concedes that it breached a duty as alleged by a potential or actual bidder in the procurement proceedings the procuring entity has an obligation within five days (5) to notify the bidder concerned together with the Procurement Regulatory Authority of Zimbabwe (PRAZ) that it was in breach and that it will take whatever steps it considers necessary, or as PRAZ may direct, to rectify the breach.