By Our Reporter
The Bureau of Public Procurement (BPP), an agency set up to ensure competitiveness and transparency in the award of government contracts, is now facing allegations of granting ministers and heads of agencies approvals to award contracts as they please, in violation of the Public Procurement Act 2007, The Authority checks have revealed.
Interestingly, the regulatory authority responsible for the monitoring and oversight of public procurement, the Bureau of Public Procurement (BPP) appears to either be ill-equipped or complicit in the exercise which has seen the Nigerian government lose billions of Naira to awards of questionable contracts, the checks further revealed.
Disturbed by the prevalence of corruption in the procurement process and in the award of contracts by public officers, President Olusegun Obasanjo created the Budget Monitoring and Price Intelligence Unit (BMPIU) aka Due Process, appointing Mrs Oby Ezekwesili as head. Shortly before leaving office in May 2007, Obasanjo signed into law the Public Procurement Act (2007) and set up BPP.
BPP states that it is the “regulatory authority 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.”
However, checks by The Authority reveal that Ministers and heads of departments and agencies, since 2015 been flouting several sections of the Act. The trend, it was further observed, heightened after President Bola Tinubu took over in May 2023.
BPP sources told The Authority that, using President Tinubu’s Renewed Hope Agenda on rapid infrastructural development as an excuse, several ministers and agencies mount pressure on the bureau to overlook several sections of the procurement Act.
The trend, said the sources, worsened after President Tinubu fired the Director-General, Mr. Mamman Ahmadu in June 2024, and that very little changed after Mr. Olusegun Omotola, a lawyer and head of the bureau’s legal services, took over, albeit, in acting capacity.
Findings by The Authority reveal that, while very several ministries and agencies are in breach of several provisions of the Procurement Act, 2007, the Federal Ministry of Works under the leadership of Senator David Umahi stands out as one of the biggest culprits.
Claiming that the rigours of competitive bidding, aside other requirements, would slow down President Tinubu’s fast-paced plans to transform Nigeria, the Federal Ministry of Works, it was gathered, has obtained BPP’s waiver enabling the ministry to award hundreds of road contracts as it deems fit.
For instance, on July 5, 2024, the Ministry of Works wrote the BPP, seeking approval to award 428 contracts without undergoing competitive bidding. The same appeal was repeated on July 24, 2024.
“In view of the foregoing, the Bureau is kindly invited to reconsider and issue the Ministry with a Due Process ” No Objection” to process these proposed procurement activities as outlined in the table of paragraph 11 (428 items) under the Restricted/selective tendering procedure, in pursuant of Sections 40(1b) & (1c) of the Public Procurement Act, 2007,” pleaded the Ministry.
On August 6, 2024, the same ministry again wrote the BPP requesting “no objection” certificates for the adoption of restricted tendering method “for the construction/rehabilitation of rural roads, rural bridges, public buildings, supply and installation of solar street lights and other projects nationwide.”
In an earlier letter dated July 5, 2024, the ministry reminded BPP that it was in receipt of more requests from members of the National Assembly for the construction of roads, bridges and sundry projects in the legislators’ constituencies across the country.
The projects, which included solar street lights, ICT and medical equipment, noted the ministry, “are vital to enable members deliver on their mandate in their respective senatorial zones and federal constituencies, so as to establish government presence and ensure that the dividends of democracy is reaped at the grassroots.”
Responding to the Ministry’s several letters, the BPP, in a letter dated August 16, 2024, listed 298 projects it said qualified for the adoption of restricted tendering method. The projects included the construction or rehabilitation of several township roads across the country. The letter was signed by the acting Director-General, Barr. Olusegun Omotola.
“This ‘No Objection’ is granted on the condition that the FMW shall: shortlist at least three responsive and unrelated firms to participate in the tendering process for each Lot and take responsibility for their compliance with the provisions of Section 16(6) of the PPA, 2007,” stipulated the DG.
He further advised the Ministry to “ensure that no bidder is invited to bid for more than two slots due to the large number of Lots and to enhance competition at the same time;… issue relevant standard bidding documents/request for proposals to the responsive firms in order to submit their financial bids…”
The BPP boss continued, “Conduct due diligence checks on the recommended companies before award of the contracts in line with the SGF’s circular Ref. No. SGF. 50/5.52/111/652 dated October 11, 2017,” stressing, “proceed to the relevant tenders board to announce the award of the contracts in line with extant government policy.”
Efforts to get BPP spokesperson, Ms. Janet McDickson comment on why her bureau was awarding certificates of no objection to ministries and MDAs when they have not met the requirements were abortive.
