The Bureau for Public Procurement (BPP) and other stakeholders, yesterday, kicked against the proposed amendment to the Public Procurement Act, which seeks to punish contractors for unnecessarily delaying completion, or abandoning projects awarded to them.
In his presentation, the Director-General of the BPP, Adebowale Adedokun, said there was no need for the amendment since the punitive measures are always spelt out in the contracts.
He said the Public Procurement Act, 2007 harmonised the existing government policies and practices by regulating, setting standards and developing the legal framework for Public Procurement in Nigeria to give room for competition and transparency.
“The intending amendment seeks to sanction contractors who delay in completion of contract within a stipulated time. This sanction globally is generally included in the conditions of contract and it is outside the intendment of the PPA.
“The Public Procurement Act does not regulate contract implementation rather the standard condition of contract and contract of agreement regulates whatever transpires after a validly awarded contract.
“In this regard, the clauses in the contract agreement prescribing sanctions for contractors as included in the Bureau’s Standard Bidding Documents should suffice.
“Therefore, the proposal to incorporate contract implementation procedures into the Public Procurement Act is overbearing and will negate the intentions of its establishment.
“The Bureau, as the regulatory body and by the powers conferred on it by the Act, has issued Standard Bidding Documents and Standard Conditions of Contract, which are of global standards and have already catered penalty for erring contractors.