| Nigeria: Integrity Scorecard Report > Sub-Category: Procurement | ||
| Indicators | Score | |
| 48 | Is the public procurement process effective? | 83 |
| 49 | Can citizens access the public procurement process? | 54 |
Indicator and sub-Indicator Details
| 48 | Is the public procurement process effective? | |||||||
| 48a: In law, there are regulations addressing conflicts of interest for public procurement officials. | ||||||||
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Comments: Section 57 of the Public Procurement Act specifies a code of conduct for procurement officials, while section 58 of the same law outlines the sanctions . References: Sections 57 and 58 of the Public Procurement Act, 2007
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| 48b: In law, there is mandatory professional training for public procurement officials. | ||||||||
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Comments: Under section 5 (k) of the Public Procurement Act 2007, the Bureau of Public Procurement is empowered to undertake training programs and human resources development for procurement officials. References: Section 5 (k) of the Public Procurement Act, 2007
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| 48c: In practice, the conflicts of interest regulations for public procurement officials are enforced. | ||||||||
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Comments: The Bureau (just established two months ago) intends to enforce this law 100 percent. Before, The Bureau was operating as a department under the presidency. There were no conflicts of interest regulations until the law was passed, although, in practice, the Bureau was conscious of this. References: 1.Dr. Orji Orji, Director, Bureau for Public Procurement (BPP), BPP's Office Sept. 3, 2007; 2.Chibuzor Ekwekwuo, executive director, Public and Private Rights Watch, Pact Nigeria's Office, Aug. 28, 2007
Peer Review Comments: Implementation of these regulations may be difficult.
Peer Review Comments: Conflict of interest regulations are enforced to some extent, although the vigor of enforcement may depend on who is involved and his political affiliation.
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| 48d: In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials. | ||||||||
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Comments: References: Section 57 of the Public Procurement Act, 2007
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| 48e: In law, major procurements require competitive bidding. | ||||||||
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Comments: Sections 24 & 25 of the Act provide comprehensively for open competitive bidding process for all procurements of goods and services. References: Sections 24 & 25 of the Public Procurement Act, 2007
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| 48f: In law, strict formal requirements limit the extent of sole sourcing. | ||||||||
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Comments: Section 40 of the Act gives details of conditions for sole sourcing. References: Section 40 of the Public Procurement Act, 2007
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| 48g: In law, unsuccessful bidders can instigate an official review of procurement decisions. | ||||||||
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Comments: Sections 53-54 of the law provide for petitions, investigations and the recourse mechanism in a procurement process. References: Sections 53-54 of the Public Procurement Act, 2007
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| 48h: In law, unsuccessful bidders can challenge procurement decisions in a court of law. | ||||||||
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Comments: Sction 38 provides reasons and avenues for legal proceedings. References: Section 38, Public Procurement Law, 2007
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| 48i: In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids. | ||||||||
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Comments: Sections 53, 54-58 provide comprehensively for sanctions. References: Sections 53, 54-58 of the Public Procurement Law, 2007
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| 48j: In practice, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids. | ||||||||
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Comments: Compliance to the law in quantitative terms is not yet available because the law is only three months old. This is possible in the next year of operation. Implementation plans have not been drawn up yet. References: 1.Dr. Orji Orji, Director, Bureau for Public Procurement (BPP), BPP's Office Sept. 3, 2007; 2.Chibuzor Ekwekwuo, executive director, Public and Private Rights Watch, Pact Nigeria's Office, Aug. 28, 2007
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| 49 | Can citizens access the public procurement process? | |||||||
| 49a: In law, citizens can access public procurement regulations. | ||||||||
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Comments: There is no specific provision enabling or disenabling public access. Although it is not in the law, the public procurement manual is available and is distributed widely, free of charge, by the BMPIU. The manual was last published in April 2007 with the support of the UNDP. It is being updated currently to conform with the new law, which came into being on June 4, 2007. References: Public Procurement Act, 2007
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| 49b: In law, the government is required to publicly announce the results of procurement decisions. | ||||||||
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Comments: Section 30 of the Procurement Act provides for open and transparent bidding. References: Section 30 of the Procurement Act, 2007
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| 49c: In practice, citizens can access public procurement regulations within a reasonable time period. | ||||||||
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Comments: Regulations are easily available and published in national dailies and other sources. References: 1.Dr. Orji Orji, Director, Bureau for Public Procurement (BPP), BPP's Office Sept. 3, 2007; 2.Chibuzor Ekwekwuo, executive director, Public and Private Rights Watch, Pact Nigeria's Office, Aug. 28, 2007
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| 49d: In practice, citizens can access public procurement regulations at a reasonable cost. | ||||||||
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Comments: The financial costs are reasonable. References: 1.Dr. Orji Orji, Director, Bureau for Public Procurement (BPP), BPP's Office Sept. 3, 2007; 2.Chibuzor Ekwekwuo, executive director, Public and Private Rights Watch, Pact Nigeria's Office, Aug. 28, 2007
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| 49e: In practice, major public procurements are effectively advertised. | ||||||||
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Comments: They are advertised in national dailies and on Web sites. References: 1.Dr. Orji Orji, Director, Bureau for Public Procurement (BPP), BPP's Office Sept. 3, 2007; 2.Chibuzor Ekwekwuo, executive director, Public and Private Rights Watch, Pact Nigeria's Office, Aug. 28, 2007
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| 49f: In practice, citizens can access the results of major public procurement bids. | ||||||||
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Comments: There is no formalized process for the public to access these bids. References: 1.Dr. Orji Orji, Director, Bureau for Public Procurement (BPP), BPP's Office Sept. 3, 2007; 2.Chibuzor Ekwekwuo, executive director, Public and Private Rights Watch, Pact Nigeria's Office, Aug. 28, 2007
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