ABOUT ANAMBRA STATE BUREAU OF PUBLIC PROCUREMENT

ESTABLISHMENT OF THE PUBLIC PROCUREMENT

According to Section 5 of the Anambra State Public Procurement Law, 2011;

  1. (1) There is hereby established an Agency to be known as the Bureau of Public Procurement (in this Law referred to as “the Bureau”).
  2. The Bureau shall:
    • (a).shall be a body corporate with perpetual succession and a common seal;
    • (b). may sue and be sued in its corporate name;
    • (c). may acquire, hold or dispose of any property movable or immovable, for the purpose of carrying out its functions under this Law.

OBJECTIVES OF THE AGENCY

The objectives of the Bureau are to:

  1. the harmonization of existing government policies and practices on public procurement and ensuring probity, accountability and transparency in the procurement process;
  2. the establishment of pricing standards and benchmarks
  3. ensuring the application of fair, competitive, transparent, value-for-money standards and practices for the procurement and disposal of public assets and services; and
  4. the attainment of competitiveness, transparency, cost effectiveness and professionalism in the public sector procurement system.

FUNCTIONS OF THE AGENCY

The Bureau shall:

  1. formulate the general policies and guidelines relating to public sector procurement for the approval of the Council;
  2. publicize and explain the provisions of this Law;
  3. subject to thresholds as may be set by the Council, certify State procurement prior to the award of contract;
  4. supervise the implementation of established procurement policies;
  5. monitor the prices of tendered items and keep a State data base of standard prices;
  6. publish the details of major contracts in the procurement journal;
  7. publish paper and electronic editions of the procurement journal and maintain an archival system for the procurement journal;
  8. maintain a State database of the particulars and classification and categorization of contractors and service providers;
  9. collate and maintain in an archival system, all State procurement plans and information;
  10. undertake procurement research and surveys;
  11. organize training and development programmes of procurement professionals;
  12. periodically review and evaluate the socio-economic effect of the policies on procurement and advise the council accordingly;
  13. prepare and update standard bidding and contract documents;
  14. prevent unfair procurement and where necessary report the person in breach to the appropriate body for administrative sanctions;
  15. review the procurement and award of contract procedures of every entity to which this Law applies;
  16. perform procurement audits and submit such report to the House of Assembly bi-annually;
  17. introduce, develop, update and maintain related database and technology;
  18. establish a single internet portal that shall, subject to section 18 (10) of this Law, 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
  19. initiate and co-ordinate relevant training programs to build institutional capacity.

POWERS OF THE BUREAU

  • (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 Law by the procurement entities;
    • (b) subject to paragraph (a) of this subsection, issue certificate of “No Objection for Contract Award” or refuse to issue certificate of “No Objection” with clear reasons within the prior review threshold for all procurements within the purview of this Law;
    • (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 law;
    • (d) where a reason exists:
      • (i) cause to be inspected or reviewed any procurement transaction to ensure compliance with the provisions of this Law;
      • (ii) review and determine whether any procuring entity has violated any provisions of this Law and regulations made pursuant to this Law;
    • (e) debar any supplier, contractor or service provider that contravenes any provision of his Law and regulations made pursuant to this Law;
    • (f) maintain a state database of 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 blacklisted or banned from participating in the public procurement system and publish them in the State Procurement Journal;
    • (h) call for information, documents, records and reports in respect of any aspect of any procurement proceeding where a breach, wrongdoing, default, mismanagement or collusion has been alleged, reported or proved against a procuring entity or service provider;
    • (i) where there are persistent or serious breaches of this Law or regulations or guidelines made under this Law recommend to Council:-
      • (i) disciplinary action to be taken against 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 Chairman 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 proceedings;
    • (k) act upon complaints in accordance with the procedures set out in this Law;
    • (l) nullify the whole or any part of any procurement proceeding or award which is in contravention of this Law;
    • (m) do such other things as are necessary for the efficient performance of its functions under this Law.

  • (2) The Bureau shall, subject to the approval of the Council, have power to:-

    • (a) enter into contract or partnership with any company, firm or person which in its opinion will facilitate the discharge of its functions;
    • (b) request for and obtain from any procurement entity information including reports, memoranda and audited accounts, and other information relevant to its functions under this Law; and
    • (c) liaise with relevant bodies or institutions, national and international for effective performance of its functions under this Law.