HISTORY

The Ebonyi state of Nigeria Law No. 012 of 2009 enacted by the Ebonyi State House of Assembly made provisions to establish the State Council on Public Procurement and the Bureau of Public Procurement as the regulatory authorities 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 Ebonyi State and for Related Matters

ESTABLISHMENT OF THE STATE COUNCIL ON PUBLIC PROCUREMENT AND MEMBERSHIP

ACCORDING TO LAW NO. 012 OF EBONYI STATE PUBLIC PROCUREMENT AND RELATED MATTERS LAW, 2009. SECTION 4 States that;

1. The Council shall consist of:
(a) The Commissioner for works and Transport
(b) Commissioner for Finance and Economic Development
(c) The Attorney General and Commissioner for Justice
(d) One or two Members as may be designated by the Governor

2. Any of the above members of the Council may from time to time be designated as Chairman as the nature of procurement may demand.

3. The Executive Secretary of the Bureau shall serve as Secretary to the Council.

4. Notwithstanding the provisions of sub-section (2), the Council may co-opt any person to attend its meeting. Such person so co-opted shall not have a vote or be considered in the determination of quorum.

ESTABLISHMENT OF THE BUREAU OF PUBLIC PROCUREMENT

ACCORDING TO LAW NO. 012 OF EBONYI STATE PUBLIC PROCUREMENT AND RELATED MATTERS LAW, 2009. SECTION 6 States that;

(1) There is hereby established an agency to be known as the Bureau of Public Procurement.
(2) The Bureau
(a) Shall be a body corporate with perpetual succession and a common seal;
(b) May sue and be sued; and;
(c) May acquire, hold or dispose of any property, movable or immovable for the purpose of carrying out its functions under this Law.

Mandate

FUNCTIONS OF THE STATE COUNCIL ON PUBLIC PROCUREMENT AND MEMBERSHIP

ACCORDING TO LAW NO. 012 OF EBONYI STATE PUBLIC PROCUREMENT AND RELATED MATTERS LAW, 2009. SECTION 5 States that;
The Council shall:
(a) Consider, approve and amend the monetary and prior review thresholds for the application of the provisions of this Law by procuring entities;
(b) Consider and approve policies on public procurement;
(c) Receive and consider for approval, the audited accounts of the Bureau of Public Procurement; and
(d) Approve changes in the procurement process to adapt for improvement in modern technology;
(e) Give such other directives and perform such other functions as may be necessary to achieve the objectives of this Law;
(f) Recommend the award of all jobs or contracts exceeding twenty million Naira to the Governor for approval;
(g) Have the power to discipline or refer for disciplinary measures any erring officer or staff brought to it by the Bureau, to the appropriate agency of State Government.
(h) Submit annual report of its operations to the Governor before the end of first quarter of each succeeding year;

OBJECTIVES OF THE BUREAU OF PUBLIC PROCUREMENT

ACCORDING TO LAW NO. 012 OF EBONYI STATE PUBLIC PROCUREMENT AND RELATED MATTERS LAW, 2009.
SECTION 7 States that;
The objectives of the Bureau are:
(a) The harmonization of existing government policies and practices on public procurement and ensuring probity, accountability and transparency in the procurement process;
(b) The establishment of pricing standards and benchmarks, ensuring the application of fair, competitive, transparent, value for money standards and practices for the procurement and disposal of public assets and services;
(c) The attainment of transparency, competitiveness, cost effectiveness and professionalism in the public sector procurement system.

FUNCTIONS OF THE BUREAU OF PUBLIC PROCUREMENT

ACCORDING TO LAW NO. 012 OF EBONYI STATE PUBLIC PROCUREMENT AND RELATED MATTERS LAW, 2009.
SECTION 8 States that;
The Bureau shall;
(a) Formulate the general policies and guidelines relating to public sector procurement for the approval of the council;
(b) Publicize and explain the provisions of this law;
(c) Subject to thresholds as may be set by the Council, certify State procurement prior to the award of contract;
(d) Supervise the implementation of established procurement policies;
(e) Monitor the prices of tendered items and keep a state database of standard prices;
(f) Publish the details of major contracts in the procurement journal;
(g) Publish paper and electronic editions of the procurement and maintain an archival system for the procurement journal;
(h) Maintain a State database of the particulars and classification and categorization of contractors and service providers;
(i) Collate and maintain in an archival system, all State procurement plans and information.
(j) Undertake procurement research and surveys;
(k) Organize training and development programmes for procurement professionals;
(l) Periodically review the socio-economic effect of the policies;
(m) Prepare and update standard bidding and contract documents;
(n) Prevent fraudulent and unfair procurement and where necessary apply administrative sanctions.
(o) Review the procurement and award of contract procedures of every entity to which this Law applies.
(p) Perform procurement audits and submit such report to the House of Assembly bi-annually.
(q) Introduce, develop, update and maintain related database and technology.
(r) Establish a single interest internet portal that shall, subject to Section 19(21) serve as a primary and definite source of all information on government procurement containing and displaying all public sector procurement information at all times, and
(s) Co-ordinate relevant training programmes to build institutional capacity.

Organogram