The Review Panel may -

• dismiss an application;

• direct the Board or the public entity that has acted or proceeded in a manner that is not in compliance with the Act to act or proceed in a manner that is in compliance with the Act;

• set aside in whole or in part a decision or an action of the Board or public entity that is not in compliance with the Act, other than any decision or action bringing the procurement contract or the framework agreement into force, and refer the matter back to the Board or public entity for reconsideration with specific instructions;

• correct a decision or action by the Board or public entity that is not in compliance with the Act;

• confirm the decision of the Board or public entity; or

• order that the procurement proceedings be terminated and start afresh.

• A bidder or supplier may apply to the Review Panel for review of a decision or an action taken for the award of a procurement contract.

• A supplier or bidder who wishes to lodge an application for review must within 7 days of receipt of the decision or an action taken by a public entity, apply to the Review Panel for review.

• An application for review must contain the grounds for review as well as any supporting documents on which the supplier or bidder rely on.

• The fee for a Review Application is N$5 000.00.

• The supplier or bidder must submit the review application to the Review Panel and serve copies of the review application to the relevant public entity and to any other interested person. 

• Upon being served with the copies of the review application the public entity or any other interested person must within two days’ file with the Review Panel a replying affidavit to the allegations made by a bidder or supplier.

• The Review Panel may allow any other interested persons to join the review proceedings as applicants or as defendants.

• The Review Panel must strive to make a decision within seven days of receipt of the application for review or as soonest as practical possible, but not later than 14 days. 

• A bidder or supplier who is aggrieved or claims to have suffered, or to be likely to suffer, loss under the Act must exhaust all available remedies under the Act before instituting any judicial action in the High Court. 

• For supplying false information in the process of submitting a bid or prequalification application.

• For bid rigging or collusion between the bidders or a bidder and a supplier, agent, or staff member concerning the formulation of any part of the bidding documents.

• For interference by the supplier with the participation of competing bidders.

• For misconduct relating to the submission of bids, which includes:

  • corruption,

  • bid rigging,

  • price fixing,

  • a pattern of underpricing bids,

  • breach of confidentiality,

  • misconduct relating to execution of procurement contracts,

  • or any other misconduct relating to the responsibilities of the bidder or supplier.

• For conviction for an offence relating to obtaining or attempting to obtain a procurement contract within five years prior to the bid.

• For conviction for an offence related to dishonesty or fraud or corruption in his or her professional activity within 10 years prior to the bidding and was sentenced to imprisonment without the option of a fine.