Ify Onyekwere
The Procurement Observation and Advocacy Initiative (PRADIN), a national non-governmental organization, has submitted a memorandum to the Senate Committee on Public Procurement regarding proposed amendments to the Public Procurement Act 2007 on the 30th of May 2023. The organization, which focuses on ensuring transparent procurement practices for healthy economic development, has raised several concerns and provided recommendations for consideration.
One of the key issues highlighted by PRADIN is the proposed amendment to Section 1 of the Principal Act. The organization questions the moral and statutory need for amending the Act when it has not been fully implemented. PRADIN emphasizes the absence of the National Council for Public Procurement, suggesting that all procurement activities under Nigerian law since 2007 may have been illegal. Furthermore, the organization notes that the Bureau of Public Procurement (BPP), serving as the Secretariat of the Council, has not yet been professionalized as required by law.
Another significant concern raised by PRADIN is the proposed amendment to include the Nigerian Institute of Architects in the membership of the Council while removing Nigerian Engineers. The organization argues that engineers are more relevant in various sectors of the economy, such as earth moving, construction, and infrastructure development. PRADIN stresses the global acceptance of this practice and highlights the direct involvement of engineers in essential projects and equipment.
PRADIN, led by its National Coordinator, Mohammed Bougei Attah also questions the necessity of proposed amendments related to local content mandates and the publication of procurement data. The organization argues that there are already existing laws, such as the Presidential Executive Order 5, which address these issues. It suggests that implementing the existing laws would be more effective than duplicating them in the Public Procurement Act. PRADIN recommends tying the determination of local content in products to the Raw Materials Research and Development Council, which has the statutory responsibility for such assessments.
Furthermore, PRADIN expresses concerns about proposed amendments to increase mobilization fees from 15% to 30% for works and include consultancy services in the mobilization process. The organization argues that this proposal could encourage corruption and hinder efforts to reduce financial flows. PRADIN emphasizes the importance of the financial capability of contractors, as required by the existing law, and the provision of bank guarantees for security.
Regarding the preference given to Nigerian architects and engineers in consultancy contracts, PRADIN states that this provision is already a law in Nigeria. The organization sees the proposed amendments as unnecessary duplications and emphasizes the importance of registered and qualified Nigerian consultants leading consultancy projects.
The body also raised concerns on proposed amendments that could potentially legalize foreign companies bidding for projects without registration with local professional bodies. The organization suggests that this amendment may create confusion and conflicts of laws.
PRADIN rounded off by urging the Senate Committee on Public Procurement to critically review the proposed amendments in line with their observations and recommendations. The organization emphasizes the importance of protecting the Sunshine Laws, particularly the Public Procurement Act 2007, which is vital in combating corruption. PRADIN\’s submission sparks a debate on the transparency and efficiency of the procurement process in Nigeria, emphasizing the need for careful consideration and evaluation of the proposed amendments.
Procurement Observation and Advocacy Initiative (PRADIN) is a leading national non-governmental organization committed to promoting transparent procurement practices and fostering sustainable economic development in Nigeria. With a membership of over 50 dedicated nonprofit leaders spread across the country, PRADIN operates under the umbrella of the Federal Government of Nigeria-World Bank Economic Reforms and Governance Project 2010.
PRADIN\’s primary objective is to ensure that procurement processes in Nigeria adhere to high standards of transparency, accountability, and fairness. The organization advocates for the effective implementation of the Public Procurement Act 2007 and monitors its application across various sectors to promote good governance and economic growth.
By actively engaging with governmental bodies, stakeholders, and the public, PRADIN strives to create an environment conducive to responsible and ethical procurement practices. The organization conducts rigorous research, analysis, and monitoring of procurement activities, providing valuable insights and recommendations for policy improvements.
PRADIN\’s advocacy efforts focus on creating awareness about the importance of transparent procurement processes in fostering economic development. Through capacity-building initiatives, workshops, and public awareness campaigns, PRADIN aims to empower citizens, civil society organizations, and government agencies with the knowledge and tools needed to promote good governance in procurement.
As a trusted and respected organization, PRADIN plays a crucial role in advocating for the inclusion of local content mandates, ensuring the participation of qualified Nigerian professionals, and safeguarding the integrity of the procurement system. By collaborating with stakeholders at local, regional, and international levels, PRADIN actively contributes to enhancing the efficiency and effectiveness of procurement practices in Nigeria.
PRADIN\’s work aligns with the United Nations Sustainable Development Goals, particularly Goal 16, which emphasizes the importance of transparent institutions, effective governance, and access to justice. Through its initiatives, PRADIN strives to create an enabling environment that fosters sustainable development, attracts investments, and contributes to the overall socio-economic progress of Nigeria.