By Gloria Ikibah
The House of Representatives has started the process of amendment of “A Bill For an Act To Amend The Chartered Institute of Purchasing And Supply Management of Nigeria Act, 2007 To be In Tandem With What Obtains In Procurement Professional Practice Across The Globe And For Related Matters ( HR. 346/2924)”.
Declaring the session open, Speaker Tajudeen Abbas, said the public hearing reinforces the dedication of the House to an open, participatory and consultative parliament as enumerated significantly in the Legislative Agenda and demonstrated in the recent open NASS Week organized to interface with the masses of our country.
The Speaker who was represented by the House Leader, Rep. Julius Ihonvbare, said that public hearing is a key legislative process put in place by the parliament to provide relevant stakeholders and other members of the public a robust window to be part of the parliamentary practice. In so doing, your views, feelings and aspirations are captured in the legislative framework to guarantee better legal outputs.
He said: “Effective procurement and supply processes play a vital role in economic growth and development and essentially provoke efficient public service delivery, hence the need to reform the Chartered Institute of Purchase and Supply Management to modernize the profession in line with global standard practice to stimulate enhanced proficiency on the part of the practitioners and to foster greater positive results in public and private governance”.
Giving his submission the Bureau for Public Procurement (BPP) asked the House not to pass the bill seeking to amend the Chartered Institute of Purchasing and Supply Management of Nigeria, as the amendment being sought will largely bring the institute in conflict with the mandate of the Bureau.
Representative of the Director General of BPP, who is the Director of Civil Infrastructure, Nasir Bello said allowing the amendment being sought by the bill will bring the institute in conflict with the mandate of the Bureau.
Bello said having reviewed the Bill, the Bureau, is of the view that allowing the amendment to section 1(c) which seeks to “(c) providing training, education and examination of persons desiring to become professional procures as well as procurement auditors according to the provisions of the Act whether in Nigeria or abroad” will bring it in conflict with section 5(k) of the Public Procurement Act.
In addition, he said amending section 12 as contained in the amendment bill will also bring it in conflict with global standards and the provision of the Procurement Act, adding that the institute should rather focus on its primary role in relation to purchasing procurement, store, materials, warehouse, logistics management or procurement chain management in Nigeria and other parts of the world.
He said: “It should not be allowed to delve into function functions of the Bureau in relation to procurement and Public procurement in particular. In carrying out its mandate as stipulated in Section 5 (k) of the PPA, the Bureau has several higher institutions of learning handling courses on Procurement. The institute may change its name but the scope of its mandate should remain, as it is contained in its extant law.
“Notwithstanding the foregoing, should the House be inclined towards allowing the proposed amendment (without the Bureau necessarily conceding). The Bureau wishes to draw attention to the provision of Section 5(s) of the PPA which vests in the Bureau as the Regulator of Public Procurement in Nigeria, the mandate to co-ordinate relevant training programs to build institutional capacity”.
The Director further stated that the provision of the intended training by the Institute, especially in the area of Public Procurement, must be co-ordinated by the Bureau, as the regulatory Agency for Public procurement in Nigeria.
According to him, the PPA, 2007 allows the National 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 Nigeria; and other related matters.
Bello explained that the Act is to remove all impediments that had hitherto prevented effective and efficient management of public procurement in Nigeria including the private sector, adding that some of the major impediments included lack of competition and transparency, non-publication of contract opportunities, non-prior disclosure of rules to be used in the selection process, lack of standard bidding documents and setting practice guidelines for procurement practitioners, allow free entry and exist and align with global best practices in line with the UNCITRAL Model Law through multi- stakeholder engagement.
He added that the world has moved onto specialization and sector-based professionalization of public procurement. We now have within the same country or across different continents provisions for specialized services and their co-existence.
Earlier in his remarks, the Chairman, House Committee on Public Procurement, Rep. Unyime Idem said the bill is priority bill because of the important role it has played in shaping professionals in the field of purchasing and supply chain management in Nigeria and the development of high standard professional skill, ability and integrity among all those engaged in procurement practice.
He said the House committee was committed on Public Procurement to upholding the legal and institutional framework for the enthronement of transparency, accountability, value for money and efficiency in the procurement of works, goods and services within Ministries, Departments, Agencies, and Parastatals as stipulated in the Public Procurement Act, 2007.
He said Strict adherence and due process compliance with the PPA, 2007 is mandatory for all MDAs, to avoid legal repercussions and ensure the efficient and ethical utilization of public resources.
Ends