PUBLIC PROCUREMENT ACT, 2007 ARRANGEMENT OF SECTIONS
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SECTION :
PART I — ESTABLISHMENT OF NATIONAL COUNCIL ON PUBLIC PROCUREMENT
1. Establishment of the National Council on Public Procurement and its
membership.
2. Functions of the Council.
PART II — ESTABLISHMENT OF THE BUREAU OF PUBLIC PROCUREMENT
3. The establishment of the Bureau of Public Procurement.
4. Objectives of the Bureau.
5. Functions of the Bureau.
6. Powers of the Bureau.
7. Director-General and staff of the Bureau.
8. Principal officers of the Bureau.
9. Other staff of the Bureau.
10. Staff regulations.
11. Pension provisions.
12. Funds of the Bureau.
13. Financial year, budgeting and annual report.
14. Legal proceedings,
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PART III — SCOPE OF APPLICATION
15. Scope of application.
PART IV — FUNDAMENTAL PRINCIPLES FOR PROCUREMENTS
16. Fundamental Principles for Procurement.
PART V — ORGANISATION OF PROCUREMENTS
17. Approving authority.
18. Procurement planning.
19. Procurement implementation.
20. Accounting officer.
21. Procurement planning committee.
22. Tenders board.
23. Pre-qualification of bidders.
24. Open competitive bidding.
PART VI — PROCUREMENT METHODS (GOODS AND SERVICES)
25. Invitations to bid.
26. Bid security.
27. Submission of bids.
28. Rejection of bids.
29. Validity period of bids, modification and withdrawal of tenders.
30. Bid opening.
31. Examination of bids.
32. Evaluation of bids.
33. Acceptance of bids.
34. Domestic preferences.
35. Mobilization fees.
36. Contract performance guarantee.
37. Interest on delayed payments.
38. Record of procurement proceedings.
PART VII — SPECIAL AND RESTRICTED METHODS OF PROCUREMENT
39. Two stage tendering.
40. Restricted tendering.
41. Request for quotations.
42. Direct procurement.
43. Emergency procurement.
PART VIII — PROCUREMENT OF CONSULTANT (SERVICES)
44. Expressions of interest to provide services for ascertained needs.
45. Request for proposals to provide services for unascertained needs.
46. Content of the requests for proposals.
47. Clarification and modification of requests for proposals.
48. Submission of proposals.
49. Criteria for evaluation of proposals.
50. General selection procedure (services).
51. Procedure for selection of proposal where price is a factor.
52. Selection procedure where price is not a factor.
PART IX — PROCUREMENT SURVEILLANCE AND REVIEW
53. Bureau to recommend investigation.
54. Administrative Review.
PART X — DISPOSAL OF PUBLIC PROPERTY
55. Disposal of public property.
56. Planning of disposals.
PART XI — CODE OF CONDUCT
57. Code of conduct for public procurement.
PART XII — OFFENCES
58. Offences relating to public procurement.
PART XIII — MISCELLANEOUS
59. Miscellaneous.
60. Interpretation.
61. Short title.
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PUBLIC PROCUREMENT ACT, 2007
2007 ACT No. 14
AN ACT TO ESTABLISH THE NATIONAL COUNCIL ON PUBLIC PROCUREMENT AND THE BUREAU OF PUBLIC PROCUREMENT AS THE REGULATORY AUTHORITIES RESPONSIBLE FOR THE MONITORING AND OVERSIGHT OF PUBLIC PROCUREMENT, HARMONIZING THE EXISTING GOVERNMENT POLICIES AND PRACTICES BY REGULATING, SETTING
STANDARDS AND DEVELOPING THE LEGAL FRAMEWORK AND PROFESSIONAL CAPACITY FOR PUBLIC PROCUREMENT IN NIGERIA ; AND FOR RELATED MATTERS.
[4th Day of June, 2007]
ENACTED by the National Assembly of the Federal Republic of Nigeria ;
PART I – ESTABLISHMENT OF NATIONAL COUNCIL ON PUBLIC PROCUREMENT
1.—(1) There is established the National Council on Public Procurement (in this Act referred to as “the Council”).
(2) The Council shall consist of :
(a) the Minister of Finance as Chairman ;
(b) the Attorney-General and Minister of Justice of the Federation ;
(c) the Secretary to the Government of the Federation ;
(d) the Head of Service of the Federation ;
(e) the Economic Adviser to the President ;
(f ) six part-time members to represent ;
(i) Nigeria Institute of Purchasing and Supply Management ;
(ii) Nigeria Bar Association ;
(iii) Nigeria Association of Chambers of Commerce, Industry, Mines and Agriculture ;
(iv) Nigeria Society of Engineers ;
(v) Civil Society ;
(vi) the Media ; and
(g) the Director-General of the Bureau who shall be the Secretary of the Council.
(3) Notwithstanding the provisions of Section (2), the Council may co-opt any person to attend its meeting but the person so co-opted shall not have a casting vote or be counted towards quorum.
(4) The Chairman and other members of the Council shall be appointed by the President.
(5) Subject to sub-section (2) of this Section, a member of the Council being:
(a) the holder of an elective office under the Constitution of Nigeria, shall hold office for a period he remains so elected and no more ; and
(b) the Director-General of the Bureau, shall hold office on such terms and conditions as may be specified in his letter of appointment.
2. The Council shall :
(a) consider, approve and amend the monetary and prior review thresholds for the application of the provisions of this Act by procuring entities ;
(b) consider and approve policies on public procurement ;
(c) approve the appointment of the Directors of the Bureau ;
(d) receive and consider, for approval, the audited accounts of the Bureau of Public Procurement ; and
(e) “approve changes in the procurement process to adapt to improvements in modern technology” ;
(f ) give such other directives and perform such other functions as may be necessary to achieve the objectives of this Act.
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PART II—ESTABLISHMENT OF THE BUREAU OF PUBLIC PROCUREMENT
3.—(1) There is established an agency to be known as the Bureau of Public Procurement in this Act referred to as “the Bureau”.
(2) The Bureau :
(a) shall be a body corporate with perpetual succession and a common seal ;
(b) may sue and be sued in its corporate name ; and
(c) may acquire, hold or dispose of any property, movable or immovable for the purpose of carrying out any of its functions under this Act.
4. The objectives of the Bureau are
(a) the harmonization of existing government policies and practices on public procurement and ensuring probity, accountability and transparency in the procurement process ;
(b) the establishment of pricing standards and benchmarks ;
(c) ensuring the application of fair, competitive, transparent, matneney standards and practices for the procurement and disposal of public assets and services ; and
(d) the attainment of transparency, competitiveness, cost effectiveness and professionalism in the public sector procurement system.
5. The Bureau shall :
(a) formulate the general policies and guidelines relating to public sector procurement for the approval of the Council ;
(b) publicize and explain the provisions of this Act ;
(c) subject to thresholds as may be set by the Council, certify Federal procurement prior to the award of contract ;
(d) supervise the implementation of established procurement policies ;
(e) monitor the prices of tendered items and keep a national database of standard prices ;
(f ) publish the details of major contracts in the procurement journal ;
(g) publish paper and electronic editions of the procurement journal and maintain an archival system for the procurement journal ;
(h) maintain a national database of the particulars and classification and categorization of federal contractors and service providers ;
(i) collate and maintain in an archival system, all federal procurement plans and information ;
(j) undertake procurement research and surveys ;
(k) organize training and development programmes for procurement professionals ;
(l) periodically review the socioeconomic effect of the policies on procurement and advise the Council accordingly ;
(m) prepare and update standard bidding and contract documents ;
(n) prevent fraudulent and unfair procurement and where necessary apply administrative sanctions ;
(o) review the procurement and award of contract procedures of every entity to which this Act applies ;
(p) perform procurement audits and submit such report to the National Assembly bi-annually ;
(q) introduce, develop, update and maintain related database and technology ;
(r) establish a single internet portal that shall, subject to Section 16 (21) to this Act serve as a primary and definitive source of all information on government procurement containing and displaying all public sector procurement information at all times ; and
(s) co-ordinate relevant training programs to build institutional capacity.
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6.—(1) The Bureau shall have the power to :
(a) enforce the monetary and prior review thresholds set by the Council for the application of the provisions of this Act by the procuring entities ;
(b) subject to the paragraph (a) of this sub-section, issue certificate of “No Objection” for Contract Award” within the prior review threshold for all procurements within the purview of this Act ;
(c) from time to time stipulate to all procuring entities, the procedures and documentation pre-requisite for the issuance of Certificate of ‘No Objection’ under this Act ;
(d) where a reason exist :
(i) cause to be inspected or reviewed any procurement transaction to ensure compliance with the provisions of this Act,
(ii) review and determine whether any procuring entity has violated any provision of this Act ;
(e) debar any supplier, contractor or service provider that contravenes any provision of this Act and regulations made pursuant to this Act ;
(f ) maintain a national database of federal contractors and service providers and to the exclusion of all procuring entities prescribe classifications and categorizations for the companies on the register ;
(g) maintain a list of firms and persons that have been debarred from participating in public procurement activity and publish them in the procurement journal ;
(h) call for such information, documents, records and reports in respect of any aspect of any procurement proceeding where a breach, wrongdoing, default, mismanagement and or collusion has been alleged, reported or proved against a procuring entity or service provider ;
(i) recommend to the Council, where there are persistent or serious breaches of this Act or regulations or guidelines made under this Act for :
(i) the suspension of officers concerned with the procurement or disposal proceeding in issue ;
(ii) the replacement of the head or any of the members of the procuring or disposal unit of any entity or the Chairperson of the Tenders Board as the case may be ;
(iii) the discipline of the Accounting Officer of any procuring entity ;
(iv) the temporary transfer of the procuring and disposal function of a procuring and disposing entity to a third party procurement agency or consultant ; or
(v) any other sanction that the Bureau may consider appropriate ;
(j) call for the production of books of accounts, plans, documents, and examine persons or parties in connection with any procurement proceeding ;
(k) act upon complaints in accordance with the procedures set out in this Act ;
(l) nullify the whole or any part of any procurement proceeding or award
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