Function-Power

FUNCTIONS OF THE COMMISSION AS ESTABLISHED IN THE DELTA STATE PUBLIC PROCUREMENT LAW, 2020

10. The Commission 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 the thresholds as may be set by the Council, certify
procurements prior to the award of contract;

(d) supervise the implementation of the provisions of this Law, established
procurement Policies and Guidelines derived pursuant to this Law;

(e) monitor the prices of tendered items and keep State database of
standard;

(f) publish in the procurement Journal details of all contracts within the
threshold approved for processing at the State Tenders Board;

(g) publish paper and electronic editions of the procurement journal and
maintain an archival system for the procurement journal;

(h) maintain a state database of the particulars and classification and
categorization of state contractors and service providers including the
registration of such State contractors and Service providers;

(i) collate and maintain in an archival system, all State procurement plans;

(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 on procurement
and advise the Council accordingly;

(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 to determine compliance with the provisions of this Law including such Guidelines and Policies made hereunder and submit
such report to the Governor and the House annually;

(q) introduce, develop, update and maintain related database and technology;

(r) establish a single internet portal that shall, subject to Section 22(12) serve as a primary and definitive source of all information on government procurement above a threshold as shall be set in the Guidelines in OCDS format and any improved format that may evolve in the future containing and displaying all public sector procurement information at all times; and

(s) co-ordinate relevant training programmes to build institutional capacity.

 

 

POWERS OF THE COMMISSION AS ESTABLISHED IN THE DELTA STATE PUBLIC PROCUREMENT LAW,2020

 

11. (1) The Commission shall have the powers to:

(a) enforce the monetary threshold and prior review threshold set by the Council for the application of the provisions of this Law by the procuring entity;

(b) subject to paragraph (a) of this Section issue “Certificates of No Objection” for Contract Award within the prior review threshold for all procurements within the purview of this Law;

(c) from time to time stipulate to all procuring entities the procedures and
documents prerequisite for the issuance of “Certificates of No Objection”
under this Law;
(d) where a reason exists:

(i) cause to be inspected or reviewed any procurement transaction to ensure compliance with the provisions of this Law;

(ii) review and determine whether any procuring entity has violated any provision of this Law;

(e) debar any supplier, contractor or service provider that contravenes any provisions of this Law and Guidelines made pursuant to this Law;

(f) maintain a list of firms and persons that have been debarred from participating in public procurement activity and publish them in the procurement Journal;

(g) call for such information, documents, records and reports in respect of any aspect of any procurement proceeding where a breach, wrongdoing, default, mismanagement and/or collusion has been alleged, reported or proven against a procuring entity or service provider;

(h) recommend to the Council, where there are persistent or serious breaches of this Law or regulations made under this Law for:

(i) the suspension of officers concerned with the procurement or disposal proceeding in issue;

(ii) the replacement of the head or any of the members of the procuring or disposal unit of any entity or the Chairperson of the Tenders Board as the case may be;

(iii) the discipline of the Accounting Officer of any procuring entity;

(iv) the temporary transfer of the procuring and disposal function of a procuring and disposing entity to a third party or procurement agency or consultant; or

(v) any other sanction that the Commission may consider appropriate;

(i) call for the production of books of accounts, plans, documents, and examine persons or parties in connection with any procurement proceedings;

(j) act upon complaints in accordance with the procedures set out in this Law;

(k) nullify the whole or any part of any procurement proceeding or award which is in contravention of this Law; and

(l) do such other things as are necessary for the efficient performance of its functions under this Law including introducing technological trends in public procurement practice.

(2) The Commission shall serve as the Secretariat for the Council on public procurement matters.

(3) The Commission shall, subject to the approval of the Council, have power to:
(a) enter into contract or partnership with any company, firm or person which in its opinion will facilitate the discharge of its functions;

(b) request for and obtain from any procurement entity, information including reports, memoranda and audited accounts, and other information relevant to its functions under this Law; and

(c) liaise with relevant bodies or institutions within and outside the State and International Bodies for effective performance of its functions under this Law.

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