PUBLIC PROCUREMENT ACT 2007

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LAWS OF THE FEDERATION OF NIGERIA

PUBLIC PROCUREMENT ACT

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EXPLANATORY MEMORANDUM

This Act was enacted 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.

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ARRANGEMENT OF SECTIONS

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.

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 procurements.

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

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.

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(COMMENCEMENT)               [4th Day of June, 2007])

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ENACTED by the National Assembly of the Federal Republic of Nigeria:

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ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED TO 2018)