i) Functions of an Entity Tender Review Committee:

1. Review of Procurement Activities: The Entity Tender Review Committee reviews the activities at each step of the procurement cycle leading to the selection of the lowest evaluated bid or best offer by the procurement entity in relation to the particular procurement under consideration, ensuring compliance with the Procurement Act, its operating instructions, and guidelines.
2. Concurrent Approval: The Committee gives concurrent approval or otherwise to enable the procurement entity to continue with the procurement process.
3. Participation in Procurement Forums: The Entity Tender Review Committee participates in public procurement forums to provide oversight and ensure transparency in the procurement process.
4. Review of Decisions: The Committee reviews decisions made by the heads of entities in respect of complaints raised by tenderers, ensuring fairness and adherence to procurement rules.

(6 marks evenly spread using ticks)

ii) Review of an Entity Tender Review Committee’s Decision:

A procurement entity or tenderer aggrieved by the decision of an Entity Tender Review Committee may apply to the Public Procurement Authority (PPA) for a review of the decision. The PPA will take appropriate action and determine the grievance in accordance with section 80(3) or as it considers appropriate.

If the aggrieved party is dissatisfied with the decision of the PPA, they may seek redress in court. The review process is intended to ensure that procurement decisions are fair, transparent, and in line with established laws and regulations.

(4 marks)