Capacity Building Workshop for University Heads

This content details an upcoming two-day workshop for Deans, Directors, and Heads of Departments at the University, focusing on public procurement principles, ethical conduct, and effective communication. The workshop aims to enhance participants' understanding of procurement practices and promote integrity in decision-making. It includes informative presentations and insightful quotes on truth, communication, and professionalism in public procurement. The session emphasizes listening, honesty, and transparency as key elements in successful public procurement processes.

• Workshop
• University
• Capacity Building
• Public Procurement
• Ethics

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1. A - two day Capacity Building Workshop for Deans, Designated Directors and Heads of Department in the University by James O. Akanmu, PhD, FNSE joakanmu@yahoo.com +2348033062599 Date: August 23, 2023 Venue: Academic Publishing Centre, UNILAG 1

2. Structure of Presentation Words on the Marble Fundamental Principles of Procurement Procurement Methods Principles of Request for Quotation Approving and Awarding Authorities Disposal of Public Assets Code of Conduct for Public Procurement Offences and Sanctions 2

3. Whoever is careless with the truth in small matters cannot be trusted with important matters. In a room where people unanimously maintain a conspiracy of silence, one word of truth sounds like a pistol shot. 3

4. Words on the marble Words on the marble Listen with curiosity, Speak with honesty, Act with integrity, The greatest problem with communication is we don t listen to understand, We listen to reply. When we listen with curiosity, we don t listen with the intent to reply. We listen for what s behind the words. I humbly appeal to all to listen with the intent to understand the underlying principles 4

5. Public Procurement Public Procurement is the use of public funds by public entities for the delivery of public goods, works and services usually through a third party (Contractor). It encompasses a sequence of related activities starting with assessment of needs through to Contract award to Contract management and then final payment 5

6. Fundamental Principles of Public Procurement Every officer involved in public procurement has a duty and responsibility to be comply with the provisions of the Public Procurement Act (PPA), 2007, Regulations, Manuals and extant Circulars. Section 16 of the PPA, 2007 contains the fundamental principles of procurement. University of Lagos Financial Regulations 6

7. Fundamental Principles of Procurement Based only on procurement plans supported by prior budgetary appropriation Not formalized until funds are available to meet obligations Open competitive bidding Transparent, timely, equitable ensuring accountability Promote competition, economy and efficiency Achieve value for money and fitness for purpose. Evaluation criteria shall not be changed 7

8. Fundamental Principles of Procurement Section 16(6) of PPA, 2007 Bidders must possess amongst other things: Adequate professional and technical qualifications Adequate Financial Capability. Adequate equipment and personnel to carry out the contract The legal capacity to enter into a contract Not be in receivership, insolvency or bankruptcy Paid all due taxes, pensions and social security contributions Have no director convicted for fraud, financial impropriety. Accompany bid with a verifying affidavit. 8

9. Procurement Methods Section 24 Open Competitive Bidding Section 39-43 Special and Restricted Methods of Procurement Approval required from BPP to adopt Two stage tendering Restricted tendering Request for quotations Direct Procurement Emergency Procurement Section 44 - 52 - Procurement of Services

10. Procurement Method Thresholds Procurement Method Thresholds Procurement/ Selection Method and Prequalification International/ National Competitive Bidding National Competitive Bidding above but less than N300 million Goods Works (N) Non-Consultant Services (N) Consultant Services (N) N300 million and above N1.5 billion and above N300 million and above Not Applicable N20 million and N30 million and above but less than N1.5 billion N20 million and above but less than N300 million Not Applicable Request for Quotation Shopping (Market Survey) Less than N20 million Less than N 5 million Less than N30 million Less than N 5 million Less than N20 million Less than N 5 million Not Applicable Not Applicable Single Source/ Direct Contracting (Minor value procurements) *Prequalification Less than N1 million Less than N1 million Less than N1 million Less than N1 million *N100 million and above Not Applicable *N300 million and above Not Applicable *N100 million and above Not Applicable Not Applicable Quality and Cost Based Consultant Qualifications Least Cost N50 million and above Less than N50 million Not Applicable Not Applicable Not Applicable 10 Not Applicable Not Applicable Not Applicable Less than N50 million

11. Implementation Processes in Public Implementation Processes in Public Procurement Procurement 1 2 4 3 Collection & Prepare Bid document Need Assessment and Procurement Planning Submission and Opening of Bid Advertisement 5 Examination/Evaluation 6 7 8 9 Performance Of contract Contract award Contract Preparation Signing of contract

12. Principles of Request for Quotation BACKGROUND Section 41 of the Public Procurement Act, 2007 (PPA, 2007) makes provision for this method of procurement. The Accounting Officer who is also the Vice-Chancellor is the approving authority for such procurements in the University of Lagos. The Financial Policy of the University allows Provost, Deans, Director, Heads of Departments/Units to approve procurement of projects based on set approval limits for each Departments/Units. This is a delegated authority of the Vice-Chancellor (Accounting Officer). 12

13. Quotation Documents The Quotation shall contain the following documents: dated ; signed ; dated and signed. (A) Written Quotation Letter, signed and (B) Price Schedule and quantities, dated and (C) Draft Form of Contract completed, 13

14. Sample of Written Request for Quotation Letter Sample of Written Request for Quotation Letter Request for Quotation [Letter Head of the University / Requesting Unit] Subject : Request for Quotations for (name the goods) Ref. : (Project Name, if applicable, or other Reference) To: Name and Address of Short Listed Supplier. The [name of the Requesting Unit] is seeking bids for the supply of [name the goods to be procured]. For this purpose, you will find enclosed a schedule for the goods to be supplied. You are requested to complete this schedule providing us your best offer and return this to us no later than at hours, in a sealed envelope at the address indicated above, indicating on the envelope National Shopping for [name supplies] . The outer envelope shall contain two sealed envelopes with the requested quotations, one marked original and one marked copy . The opening date of Quotations will be: ..200 at hours at the following address: . 14

15. Sample of Price Schedule and Quantities To: (Name of Requesting Unit) Attn: (Name of responsible officer) Address: . Quotation No of 200 Date of Price quotation __/__/__ (text of description below is given as an example and should be replaced by specifics of the requested goods) (Description and Quantities to be completed by the Requesting Unit, Unit Price to be completed by the Supplier, desired delivery period and site to be completed by the Requesting Unit) No. site Detailed description of the items Quantities Unit Price Total Price Delivery period (in figures and letters) 1. Conference table, dark- Brown, oval, 1conf table rectangle or round with Conference 8 chairs chairs 2. Executive desk, Dark- Brown 2.4 m 1 desk with mobile pedestal and computer workstation 15

16. Implementation Quotation The supplier shall detail in the Quotation Letter the place of delivery and the nature of the price: taxes and duties listed separately. The supplier completes the price schedule and quantities furnished with the Request for Quotations, indicating the characteristics of the supplies in the required space, the unit, the total price for each item and the proposed delivery time to carry out the contract. The supplier completes and signs the draft Form of Contract. The prices are to be quoted in Naira. Validity of the Quotations The quotations shall be valid for the period stipulated in the Request for Quotations. It is the responsibility of the University (College, Institutes, Schools, Faculties, Departments, Units e.t.c. hereinafter referred to as the Requesting Unit ) to indicate the validity period to be adopted by the supplier. Failure of the supplier to abide by the provision shall be subject to disqualification. Opening and Evaluation of Quotations Opening of Quotations by the Requesting Unit The Requesting Unit shall open all quotations received immediately following the deadline indicated in the Request for Quotations at the same time on the date specified in the Request for Quotations. 16

17. Implementation continued Opening and Evaluation of Quotations Opening of Quotations by the Requesting Unit The Requesting Unit shall open all quotations received immediately following the deadline indicated in the Request for Quotations at the same time on the date specified in the Request for Quotations. The Requesting Unit shall prepare Minutes of the opening of the quotations. Evaluation and Comparison of Quotations The Requesting Unit shall evaluate and compare the Quotations as follows : Examine if the quotation conforms to technical specifications and the delivery time Verify any arithmetical errors. For example, if the quotation in figures is different from the quotation in words, the amount in words shall prevail. If there is a discrepancy between the unit price and the total price that is obtained my multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected ; Tabulate the Quotations thus arrived at. In line with University policy, the generated Report of the Request for Quotation will be forwarded to the appropriate Approving Authority for further directions as indicated below. 17

18. Approving and Awarding Approving and Awarding Authorities Authorities The PPA 2007 recognises approving and awarding authorities: Accounting Officer- approves and awards Ministerial/ Parastatal Tenders Board- approves and award The BPP neither approve nor awards Contracts- BPP issues certificate of No Object to awards projects Currently the Federal Executive Council approves projects that BPP had issued CNO while the MDA awards the Contract. 18

19. Prior Review Thresholds Prior Review Thresholds Approving Authority/ NoObjection to award Goods Works Non-Consultant Services Consultant Services / BPP Objection to award/ FEC approves issues No N300 above million and N 1.5 Billion and above N300 million and above Ministerial Tenders BoardN 20million and above N30 million and above but less than N1.5 Billion N20million and above but less than N300 million but less than N300 million Parastatal Tenders BoardN10 million and above N20million and above but less than N500 million N10 million and above but less than N100 million but N100million less than Accounting Permanent Secretary Officer: Less than N20million Less than N30 million Less than N20million Accounting Executive CEO Officer: Secretary/ Less than N10 million Less than N20 million Less than N10 million 19

20. Approval Limits of Officers of the University as provided by Approval Limits of Officers of the University as provided by the Manual of Operations of the Bursary the Manual of Operations of the Bursary S/N Approving Authority Approval Limit 2. Deputy Vice Chancellors & Principal Officers N250,000.00 3. Chairmen of Specified Boards (CITS, Unilag Consult, HRDC, Medical Centre N500,000.00 4. Chairmen of other Management Boards N250,000.00 5. Deans & Director N250,000.00 6. Heads of Departments N150,000.00 7. Heads of Unit under Department N100,000.00 20

21. Disposal of Public Assets Disposal of Public Assets Sections 56 and 56 Every Procuring entity shall also be a disposing entity. There must be Disposal Planning just like procurement planning Section 56 subsection 1 Section 56 subsection 4 states as follows: All Procuring entities shall distribute responsibilities for the disposal between the Procurement unit and the Tenders Board

22. Disposal of Public Assets Disposal of Public Assets Open Competitive Bidding shall be the primary source of receiving offers for the purchase of public property. Methods of disposal shall include; sale and rental, lease and hire purchase, licenses and tenancies, franchise and auction. Planning of disposal shall include valuation by independent professional. 22

23. Code of Conduct for Public Code of Conduct for Public Procurement Procurement Section 57 provides for principles of: Honesty Accountability Transparency Fairness Equity Officials are expected to declare actual or potential conflict of interest.

24. Offences Offences The following constitute offences- Section 58(4) of the PPA, 2007 entering or attempting to enter into a collusive agreement, with a supplier, contractor or consultant conducting or attempting to conduct procurement fraud by means of fraudulent and corrupt acts directly, indirectly or attempting to influence a procurement process to obtain an unfair advantage in award of a contract splitting of tenders to enable the evasion of monetary thresholds set 24

25. Offences Offences Bid rigging Where offers submitted have been pre-arranged between bidders directly or indirectly restricting free and open competition leading to escalation of costs or loss of value to the national treasury. altering any procurement document with intent to influence the outcome of a tender proceeding insertion of documents not submitted at opening e.g. bid security or TCC request for clarification in a manner not permitted under the PPA, 2007 uttering or using fake documents or encouraging their use; Willful refusal to allow BPP access to procurement records 25

26. Administrative Sanctions Administrative Sanctions Administrative Sanctions for Public Officers-Section 6(e) the suspension of officers concerned with the procurement or disposal proceeding in issue 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 the discipline of the Accounting Officer of any procuring entity the temporary transfer of the procuring and disposal function of a procuring and disposing entity to a third party procurement agency or consultant 26

27. Administrative Sanctions Administrative Sanctions Administrative Sanctions for Companies -Section 6(e) debar any supplier, contractor or service provider that contravenes any provision of this Act and regulations made pursuant to this Act A company can be excluded from a particular procurement proceeding if: there is verifiable evidence that a gift of money, employment or any other benefit was promised, offered or given the company failed to perform/provide due care in performance of any public procurement during the last 3years the company is in receivership or is the subject of any type of insolvency proceedings 27

28. Criminal Sanctions Criminal Sanctions On conviction the following sanctions apply to: Government Officials- Section 58 (5) of PPA, 2007 a term of imprisonment of not less than 5 calendar years without any option of fine summary dismissal from government services legal entities/companies- Section 58(6) of PPA, 2007 debarment from all public procurements for a period not less than 5 calendar years; and a fine equivalent to25% of the value of the procurement in issue. Directors of the company Section 58(7) of the PPA 2007 term of imprisonment not less than 3 calendar years but not exceeding 5 calendar years without an option of fine 28

29. Words of wisdom Words of wisdom Mention too, in the Qur an, the story of Idris. He was a man of truth, a prophet. (Quran 19:56) For we are taking pains to do what is right, not only in the eyes of the Lord but also in the eyes of man. 2 Corinthians 8:21 Good and evil cannot be equal. Repel evil with what is better, and your enemy will become as close as an old and valued friend. (Quran 41:34) 29

30. Words of wisdom Words of wisdom Finally, brothers and sisters, whatever is true, whatever is noble, whatever is right, whatever is pure, whatever is lovely, whatever is admirable if anything is excellent or praiseworthy think about such things. Philippians 4:8 30

31. Words Words of wisdom of wisdom Real integrity is doing the right thing, knowing that nobody's going to know whether you did it or not Don't be distracted, don't rejoice when people are clapping for you while doing the wrong things, they won't be there when you are to give an account. 31

32. Thank You! 32