Appraisal of Public Procurement Act, 2007

Appraisal of Public Procurement Act, 2007

Author by Dr. Eteete Michael Adam

Language: English

Abstract

The anti-corruption crusade of the Nigerian government got a booster with the passage of the Public Procurement Act by the Nigerian National Assembly on 17 May, 2008. The Act aims at restoring transparency, accountability and prudence in governance and stipulates among others, a ten-year jail term without an option of fine, for fraudulent contractors and their collaborators. It also creates the Bureau for Public Procurement, which is charged with the task of restoring sanity to the procurement sector. The National Council on Public Procurement, to be headed by the Finance Minister, will supervise the Bureau. The Attorney-General of the Federation, the Secretary to the Government of the Federation and the Head of Service of the Federation are to serve as members of the Council. The Council, among other functions, is to consider, approve and amend the monetary and prior review thresholds for the application of the provisions of the Act by procuring entities; consider and approve policies on public procurement; and receive and consider for approval, the audited accounts of the Bureau for Public Procurement. The Bureau for Public Procurement, is, generally, to: (i) formulate general policies and guidelines relating to public sector procurement; (ii) publish and explain the provisions of the Act, supervise the implementation of established procurement policies, monitor the prices of tendered items and keep a national database of standard prices, and publish the details of major contracts in the procurement journal; (iii) maintain a national database of the particulars, classification and categorization of federal contractors and service providers, enforce the monetary and prior review threshold set by the Council for the application of the provision of the Act by the procuring entities, issue a certificate of 'No Objection'' for contracts awarded within the prior review threshold for all procurements within the purview of the Act, and review and determine whether any procuring entity has violated any provision of this Act. The Bureau is also charged with the power to debar any supplier, contractor or service provider that contravenes any provision of this Act, nullify the whole or any part of any procurement proceeding or award that is in contravention of this Act, or direct the discontinuance, stoppage, suspension or seizure of any payment from the treasury or any bank account purportedly paid or due under any procurement contract, activity or proceeding which has contravened or is likely to be in contravention of any provision of this Act.


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