The Delta State Public Procurement Act 2016 recognizes the possibility of complaints (also known as administrative review) after every procurement process. It therefore provides a clear **Recourse Mechanism** for complainants. The Commission has outlined the **Seven (7) Steps** below for easy reference by all Contractors, Consultants, and Ministries, Departments, and Agencies (MDAs).

The Seven (7) Steps to Seeking Redress

Where any Contractor, Consultant, or MDA is not pleased with the outcome of any procurement proceedings (due to a perceived breach or omission of the provisions of the Public Procurement Act 2016), the following steps shall be followed:

1. Make a **formal and written complaint** to the Accounting Officer of the procuring/disposing entity within **fifteen (15) working days** from when the complainant became aware of the breach or omission.
2. The Accounting Officer shall review the complaint and communicate his decision (with reasons and any corrective measures) to the complainant within **fifteen (15) working days**.
3. If the Accounting Officer fails to make a decision within the given period or the complainant is not satisfied with the decision, the complainant may forward the complaint to the **Commission** within **ten (10) working days** from the date the decision was communicated (or should have been communicated).
4. Upon receiving the complaint, the Commission shall:
   • Notify the procuring entity of the complaint, and
   • Suspend any further action by the procuring or disposing entity until the matter is settled.
5. Unless the Commission dismisses the complaint, it shall:
   • Prohibit the procuring/disposing entity from taking further action,
   • Nullify part or all of the unlawful act or decision of the procuring or disposing entity,
   • Declare or make known the rules and principles governing the subject matter of the complaint, and
   • Reverse any improper decision by the procuring or disposing entity or substitute its own decision for the improper one.
6. The Commission shall notify all interested bidders of the complaint before taking any decision and may consider representations from the bidders and the procuring or disposing entity.
7. The Commission shall make its own decision within **twenty-one (21) working days** after receiving the complaint and shall give reasons for its decision and the remedies granted (if any).