ECOWAS Tenders Code
suspend, in whole or in part, an unlawful act or decision made by the procuring entity,
including the decision to award or conclude a contract. However, the Committee has no
jurisdiction for awarding a contract in lieu of the process, or to substitute another bidder to
the one chosen by the procuring entity.
4. The Dispute Resolution Committee shall, before taking any decision regarding a request for
review, notify all parties in the procurement proceedings and shall take into account
information and arguments received from such parties and from the procuring entity.
5. The Dispute Resolution Committee may also exercise the same powers over the procurement
process in case it receives any substantial information even from a third party to the
proceedings, on any irregularity or violation of the provisions of this Code committed during
a procurement process.
6. The decision of the Dispute Resolution Committee is final unless further proceedings are
instituted as provided for under Article 85 of this Code.
Chapter II: Contract Disputes
Article 85: Dispute Resolution
Failing the resolution of the protest under Articles 85 and 86 of this Code the protest may be
settled in the following manner:
i.
ii.
Final
arbitration in accordance with the provisions of the contract;
referral to the Community Court of Justice established under Article 15 of the Revised Treaty.
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