The scope of application of the provisions of the Public Procurement Act 2007, in Nigeria

[PPTP Group]

1) The provisions of the Public Procurement Act apply to all
procurement of goods, works, and services carried out by:

(a) The Federal government and all Procuring Entities
(b) All entities outside the foregoing description which derive at
least 35% of the funds appropriated or proposed to be appropriated for
any type of procurement described in this Act from the Federal share
of the consolidated Revenue Fund;
(2) The provisions of this Act shall not apply to the procurement of
special goods, works and services involving national security unless
the President’s express approval has been first sought and obtained.

It is important to also note that the application of this law also
extend to the Federatrion Acccount when we observe that by virtue of
section 16 in subsection 2 of the public procurement Act that it
is clearly stated that

"Where the Bureau has set prior review thresholds in the procurement
regulations, no funds shall be disbursed from the Treasury or Account
of the Federation Account or any bank account of any procuring entity
for any procurement falling above the set thresholds unless the
cheque, payments or other form of request for payments is accompanied
by a certificate of “No Objection” to an award of contract duly issued
by the Bureau."