By Okwy Iroegbu-Chikezie
The Architects Registration Council of Nigeria (ARCON) has picked holes on the 12- year Public Procurement Act, maintaining that it has failed on its mandate and, therefore, should be amended.
Speaking at a two-day public hearing at the National Assembly seeking to amend the Public Procurement Act (PPA) 2007, ARCON President, Mr. Oladipo Ajayi, said their understanding of the bill is to have a speedy administration of procurement and quality administration in the process.
In a statement, ARCON Registrar Umar Murnai, said the target of his association is to improve the performance of the industry, which is second to agriculture in contribution to Gross Domestic Product (GDP).
He noted overwhelming evidence as pointed out by the sponsors of the three bills, that there were evident failures of the ACT, which shows the limitations and constraints that continue to plague the nation in public procurement circles.
He observed that this has adversely affected the construction industry evidenced in failed contracts, poor contractual performances, escalating corruption and incidence of collapsed buildings arising from loopholes in the ACT, which allow quackery.
Ajayi said the proposed amendment of the ACT would offer the industry an opportunity to contribute to the consolidation of the gains of the exercise, which would result into increase in the GDP, thereby leaving a lasting legacy.
Itemising the bills, he said the first bill, which is a Bill for an ACT to amend the National Council on Public Procurement and the Bureau of Public Procurement is fundamental to the Act.
According to him the omission of the seven regulatory professional bodies in the industry as part of the full-time council is critical given that, over 60 per cent of the national budget in the last 20 years has gone into construction-related procurement of goods or services or related expenses.
He suggested that the bill, among its propositions, should include all seven professional regulatory bodies in the industry to strengthen and sustain the effectiveness of the procurement.
On the second bill, which is an ACT to amend the provisions of the public procurement ACT,2007, to increase the mobilisation fees paid to contractors and suppliers, and other matters related to it.
He said: “Fundamental to this bill is the exceptions sort for ecological funds office and payments terms deemed delayed payments from 60 to 180 per cent.
‘’It is apt to reiterate the importance of the inclusion of the registered professional in respect of all procurement subject matters in the procurement process of the ecological fund and shall be referred accordingly by the procuring entity.’’
Moreso, a six-month delay or 180- day in payment is financially injurious to any project, its time lines and ultimately the project outcomes.”
‘’Lastly, the last bill for an ACT to amend the public procurement ACT, 2007 to provide for specific time frame for the procurement process/proceedings and for other matters connected therewith.’’
According to him, fundamental to this proposed bill is the time frame for formalising procurement within 60 days; from initiation to completion of the procurement process.
He said: “The 60-day window for project planning of the procurement process by the procurement entity depends largely on the technical capacity of the procurement entity to handle the size in terms of number of staff input needs and technical inputs of subject matter of professionals. Where the procurement entity lacks the capacity then, the input of appropriate professional regulatory bodies shall be sought and obtained to facilitate the attainment of the 60 days time frame.”
To forestall a gap in the initiation to completion of this process, he suggested an inclusion of a precondition evaluation template to be used by all procurement entities to ascertain their professional technical capacity.
He canvassed a situation where it would be mandatory for procurement entities to refer to the appropriate subject matter to the requisite professional regulatory body.
According to him, by doing, this it would improve the efficiency of the procurement and ensure credible outcomes within the 60-day time-frame.
On other observations on the ACT, they canvassed the use of registered professionals for various assignments and certifications within the process, the need to define afresh multiple terminologies used all over the ACT and the new introductions of terminologies in the proposed bills to amend the ACT.
He frowned at what he called areas of fiat actions, which confer absolute powers on the procurement entities to execute projects with the assumptions that the procurement entities are professionally and technically equipped to procure such services, goods and works during emergencies.
‘’It’s our opinion that such gaps negate the spirit of these amendments towards de-escalating corruption,’’ he added.
