LPPA seeks to harmonise public procurement

…sensitises suppliers, contractors and consultants on complaints mechanisms

Moroke Sekoboto

THE Lesotho Public Procurement Authority (LPPA) has intensified efforts to strengthen transparency and accountability in public procurement by sensitising suppliers, contractors, consultants and service providers on procurement complaints mechanisms provided for under the Public Procurement Act, 2023.

The awareness workshop, held at Lancers Inn this week, formed part of the implementation of the Public Procurement Reform 2025 and is supported by the EU-Lesotho Cooperation Facility Technical Assistance under the Ministry of Finance and Development Planning.

Addressing participants, EU Procurement Consultant Dr Pamela Marendi said suppliers had enforceable rights throughout the procurement process and should understand when and how to lodge procurement complaints.

She said an effective complaints mechanism promoted fairness, transparency, accountability, equal treatment, competition, integrity, value for money and public confidence in government procurement.

“Without an effective complaints mechanism, suppliers cannot adequately protect their rights,” Dr Marendi said.

She explained that procurement complaints systems were designed to correct procurement errors, promote lawful procurement, protect suppliers, improve accountability, reduce litigation and strengthen confidence in public procurement.

Dr Marendi said eligible complainants includde any prospective or actual bidder who claimed to have suffered, or was likely to suffer, loss or injury because of a breach of procurement law by a procuring entity.

She said such individuals could apply for a review by lodging a complaint after procurement proceedings, provided they could demonstrate that the alleged breach caused, or was likely to cause, them harm.

According to Dr Marendi, procurement decisions that could be challenged included tender advertisements, technical specifications, qualification requirements, prequalification decisions, shortlisting, bid evaluations, responsiveness assessments, contract award decisions, contract award procedures and procurement omissions.

She said valid grounds for complaint included discriminatory specifications, unfair evaluations, unequal treatment, conflicts of interest, bias, improper application of evaluation criteria, failure to follow procurement procedures, mathematical errors affecting the outcome and failure to provide required information.

However, she noted that complaints could not ordinarily be lodged over personal dissatisfaction, commercial disagreements unrelated to procurement law, complaints submitted after statutory deadlines, matters that had already been determined, procurement processes cancelled before contract award, or restrictions arising from bidder preference schemes.

“Suppliers have enforceable rights and complaints must be lodged within the prescribed timeframes. Evidence and compliance with statutory timelines are critical, and effective complaints ultimately strengthen public procurement,” Dr Marendi said.

LPPA Director General, Lebekoane Ntoi, urged suppliers to participate actively in public procurement processes and to report procurement irregularities whenever they encountered errors, discriminatory specifications, omissions or unfair exclusion.

Mr Ntoi said the workshop was intended to build a common understanding of the Public Procurement Act, 2023 and the Public Procurement Reform 2025, with the ultimate goal of improving integrity, accountability and value for money in public procurement.

He said the reforms supported the government’s broader efforts to combat corruption and reduce stalled projects that had historically resulted in significant financial losses.

Mr Ntoi also identified delayed payments to suppliers as one of the sector’s biggest challenges.

He said the Public Procurement Act, 2023 required procuring entities to pay suppliers within 30 days of receiving an invoice, making any payment delays unlawful.

“The Act is intended to protect all stakeholders, ensure fairness and provide sustainable mechanisms for resolving procurement disputes,” Mr Ntoi said.

Speaking on behalf of participants, Moeketsane Dlukula of D Link (Pty) Ltd, a transport, logistics and construction company, said the workshop had provided much-needed guidance on procurement procedures.

He said many businesses struggled to recover money owed by the government after completing projects because they are unfamiliar with the available complaint mechanisms.

“We face many challenges when tendering, but this workshop has been an eye-opener because we did not even know that procuring entities are required to provide feedback on the tender process.

“Some of us have submitted bids and later been told we failed to provide certain documents, despite having participated in the tender opening. Corruption is another challenge, and we believe this Act will help curb corrupt practices in government ministries,” Mr Dlukula said.

The post LPPA seeks to harmonise public procurement appeared first on Lesotho Times.