Powers of the Bureau of Public Procurement under the Public Procurement Act ,2007-NIGERIA

[PPTP Group]

(1) The Bureau have the power to:
(a) Enforce the monetary and prior review thresholds set by the
Council for the application of the provisions of the Act by the
procuring entities.

(b) Subject to paragraph (a) of this subsection, above,issue
Certificate of “No Objection” ,for contract Award within the prior
review threshold for all procurements within the purview of the 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 the Act;

(d) Where a reason exist:

(i) Cause to be inspected or reviewed any procurement transaction
to ensure compliance with the provisions of the Act

(ii) Review and determine whether any procuring entity has violated
any provision of the Act;
(e) Debar any supplier, contractor or service provider that
contravenes any provision of the Act and regulations made pursuant to
the Act;

(f) Maintain a National 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 debarred from
participating in public procurement activity and publish them in the
procurement journals.

(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 the Act, regulations or guidelines made under the 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 Chairman or
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 disposal entity to a third 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
the Act;
(L) Nullify the whole or any part of any procurement proceeding or
award which is in contravention of the Act; and

(m) Do such other things as are necessary for the efficient
performance of its functions under the Act;

(2) The Bureau shall serve as the Secretariat for the Council.
(3) 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 the Act; and

(c) Liaise with Relevant bodies or institutions national and
international for effective performance of its functions under the
Act.