Public Procurement Process in Kano: An Overview

Presented

Presented

By

By

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.

Due Process Bureau, Kano State

Due Process Bureau, Kano State

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

Introduction

Introduction



Scope of Application of the Procurement Act

Scope of Application of the Procurement Act



Overview of 

Overview of 

Kano State Public Procurement

Kano State Public Procurement

Reform Programme

Reform Programme



Vision and Mission Statement

Vision and Mission Statement



Operational jurisdiction and Operational

Operational jurisdiction and Operational

Procedures of the Bureau

Procedures of the Bureau



The Core Mandates of the Due Process Bureau

The Core Mandates of the Due Process Bureau



 Functions of the Bureau

 Functions of the Bureau



Organisational Structure of the Bureau

Organisational Structure of the Bureau



Relationship with Ministries, Departments and

Relationship with Ministries, Departments and

Agencies (MDAs) as well as NGOs & CBOs.

Agencies (MDAs) as well as NGOs & CBOs.



The Journey So Far

The Journey So Far

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

At the inception of democratic government in

At the inception of democratic government in

1999, the Federal Government observed that

1999, the Federal Government observed that

the contract award system lacked the

the contract award system lacked the

required competition and transparency in the

required competition and transparency in the

award process.

award process.



The World Bank was commissioned in 1999-

The World Bank was commissioned in 1999-

2000 to carry out a Country Procurement

2000 to carry out a Country Procurement

Assessment Review (CPAR).

Assessment Review (CPAR).



The CPAR report revealed that 

The CPAR report revealed that 

60k was lost

60k was lost

to underhand practices out of every 

to underhand practices out of every 

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spent

spent

by Government

by Government

.

.

Introduction Cont’d

Introduction Cont’d



Budget Monitoring and Price Intelligence Unit (BMPIU) was

Budget Monitoring and Price Intelligence Unit (BMPIU) was

set up in 2001 to mitigate these corrupt practices using

set up in 2001 to mitigate these corrupt practices using

Treasury Circulars issued by the Accountant-General of the

Treasury Circulars issued by the Accountant-General of the

Federation.

Federation.



Nigeria ratified the United Nations Convention against

Nigeria ratified the United Nations Convention against

Corruption (UNCAC) on 24

Corruption (UNCAC) on 24

th

th

 October, 2004, which calls for

 October, 2004, which calls for

preventive measures 

preventive measures 

and the criminalization of the most

and the criminalization of the most

prevalent forms of corruption in both public and private

prevalent forms of corruption in both public and private

sectors.

sectors.



The foregoing led to the enactment of the Public

The foregoing led to the enactment of the Public

Procurement Act 2007, which is modelled after the United

Procurement Act 2007, which is modelled after the United

Nations Convention on International Trade Law (UNCITRAL)

Nations Convention on International Trade Law (UNCITRAL)

Procurement Model Law.

Procurement Model Law.

Scope of Application of the Act

Scope of Application of the Act



The scope of application - 

The scope of application - 

Section 15 of PPA, 2007

Section 15 of PPA, 2007

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Overview of 

Overview of 

Kano State Public Procurement

Kano State Public Procurement

Reform Programme

Reform Programme



Kano State Government established the Due Process

Kano State Government established the Due Process

Bureau as part of the government’s renewed effort to

Bureau as part of the government’s renewed effort to

ensure transparency, accountability and good

ensure transparency, accountability and good

governance in Public Procurement in the state.

governance in Public Procurement in the state.



Due Process Bureau came into being on account of

Due Process Bureau came into being on account of

Kano State Circular No HCS/MIS/S/185/1/95 of

Kano State Circular No HCS/MIS/S/185/1/95 of

10

10

th

th

June, 2016.

June, 2016.



In furtherance of these objectives, Government found

In furtherance of these objectives, Government found

it desirable to revise the existing Financial Instructions

it desirable to revise the existing Financial Instructions

and Stores Regulations culminating into the issuance

and Stores Regulations culminating into the issuance

of the Due Process Manual which among others

of the Due Process Manual which among others

stipulates approval limits taking into cognizance of

stipulates approval limits taking into cognizance of

current realities.

current realities.

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

The Due Process Manual equally dwelt on practices

The Due Process Manual equally dwelt on practices

surrounding Public Private Partnership (PPP), Direct Labour

surrounding Public Private Partnership (PPP), Direct Labour

Approach and Disposal of Public Assets.

Approach and Disposal of Public Assets.



The 

The 

Manual is

Manual is

 a 

 a 

revised

revised

 and 

 and 

improved

improved

 version of the

 version of the

Contract Due Process Policy of Kano State 

Contract Due Process Policy of Kano State 

Government that

Government that

came 

came 

into being

into being

 in August 2006, 

 in August 2006, 

which 

which 

serves as a 

serves as a 

veritable

veritable

instrument for 

instrument for 

complementing

complementing

 the Due Process Bureau in

 the Due Process Bureau in

carrying

carrying

 out 

 out 

its

its

 mandates as 

 mandates as 

well

well

 as 

 as 

guiding MDAs

guiding MDAs

 for

 for

compliance.

compliance.



Equally

Equally

, the 

, the 

revised Manual is

revised Manual is

 an 

 an 

adopted Federal

adopted Federal

Government

Government

 Public Procurement 

 Public Procurement 

Act

Act

, 

, 

domesticated

domesticated

 to suit

 to suit

the 

the 

State’s peculiarities while incorporating

State’s peculiarities while incorporating

 ALTERNATIVE

 ALTERNATIVE

FINANCING AND PROCUREMENT on Public-

FINANCING AND PROCUREMENT on Public-

Private

Private

Partnership

Partnership

 (PPP) 

 (PPP) 

contract procedure

contract procedure

 not 

 not 

covered

covered

 in the

 in the

earlier

earlier

 guidelines.

 guidelines.

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

An efficient service delivery organ of government,

An efficient service delivery organ of government,

committed to transparency and accountability in

committed to transparency and accountability in

Public Procurement as well as Monitoring and

Public Procurement as well as Monitoring and

Evaluation of State and Local Governments

Evaluation of State and Local Governments

programs and  

programs and  

projects sustainability”.

projects sustainability”.

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

To lead and coordinate public procurement with

To lead and coordinate public procurement with

openness as well as monitoring and evaluation of

openness as well as monitoring and evaluation of

all 

all 

programs, projects and services delivered by

programs, projects and services delivered by

all tiers of government and other stakeholders to

all tiers of government and other stakeholders to

ensure probity, prudence and competitiveness in

ensure probity, prudence and competitiveness in

service delivery/deliverables’’.

service delivery/deliverables’’.

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

The Bureau is mandated to regulate public

The Bureau is mandated to regulate public

procurement with openness as well as

procurement with openness as well as

monitoring and evaluation of all programs,

monitoring and evaluation of all programs,

projects and services delivered by all tiers of

projects and services delivered by all tiers of

Government.

Government.

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

Kano State Due Process Bureau regulates

Kano State Due Process Bureau regulates

Public Procurement and conducts Monitoring

Public Procurement and conducts Monitoring

and Evaluation (M&E), of all Projects and

and Evaluation (M&E), of all Projects and

Programmes in Kano State.

Programmes in Kano State.

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

Ensuring the application of fair competitive,

Ensuring the application of fair competitive,

transparent, value for money, 

transparent, value for money, 

standards and

standards and

practices for the procurement and disposal of

practices for the procurement and disposal of

public assets and services.

public assets and services.



The attainment of transparency, competitiveness,

The attainment of transparency, competitiveness,

cost effectiveness and professionalism in the

cost effectiveness and professionalism in the

public sector procurement system.

public sector procurement system.



To ensure that procurement procedures and

To ensure that procurement procedures and

regulation are complied with as determine by the

regulation are complied with as determine by the

State and Local Government resources.

State and Local Government resources.

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…

…

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

To establish and ensure that the application of

To establish and ensure that the application of

M & E policies and regulations are complied

M & E policies and regulations are complied

with in all the State and Local Government

with in all the State and Local Government

Establishments.

Establishments.



Identify Organizations (or areas) requiring

Identify Organizations (or areas) requiring

direct intervention or full takeover of the

direct intervention or full takeover of the

procurement, that is when capacity is found

procurement, that is when capacity is found

not to exist or flagrant disregard to the public

not to exist or flagrant disregard to the public

procurement policy.

procurement policy.

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1.

To check proposed contracts subject to thresholds set by

To check proposed contracts subject to thresholds set by

the State Due Process Manual for compliance.

the State Due Process Manual for compliance.

2.

Monitor the prices of tendered items.

Monitor the prices of tendered items.

3.

Undertake procurement research and survey.

Undertake procurement research and survey.

4.

Register Contractors/Service Providers with their particulars.

Register Contractors/Service Providers with their particulars.

5.

Prepare and update standard bidding and contract

Prepare and update standard bidding and contract

documents.

documents.

6.

Prevent fraudulent and unfair procurement and where

Prevent fraudulent and unfair procurement and where

necessary  recommend appropriate disciplinary actions.

necessary  recommend appropriate disciplinary actions.

7.

Review the procurement and award of contract procedures

Review the procurement and award of contract procedures

of every entity.

of every entity.

8.

Perform procurement audit.

Perform procurement audit.

9.

Responsible for monitoring and oversight of public

Responsible for monitoring and oversight of public

procurement and performance of the projects and

procurement and performance of the projects and

programmes.

programmes.

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I

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S

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T

.

.

.

10.

Saddled to handle Alternative Dispute Resolution (ADR)

Saddled to handle Alternative Dispute Resolution (ADR)

with a view to achieving value for money to the

with a view to achieving value for money to the

Government by ensuring full compliance with Due

Government by ensuring full compliance with Due

Process.

Process.

11.

To participate in all the  bid opening exercises and

To participate in all the  bid opening exercises and

regularly conduct due  diligence on procurement

regularly conduct due  diligence on procurement

advertisement placed by organizations to ensure

advertisement placed by organizations to ensure

compliance with the Due Process Manual.

compliance with the Due Process Manual.

12.

To identify and report any infractions or gross violation of

To identify and report any infractions or gross violation of

the Due Process Manual and recommend appropriate

the Due Process Manual and recommend appropriate

punishment on persons involved.

punishment on persons involved.

13.

To review for compliance the provision, adequacy and

To review for compliance the provision, adequacy and

effectiveness of established process for the procurement

effectiveness of established process for the procurement

of Works and Consultancy Services.

of Works and Consultancy Services.

F

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T

.

.

.

14.

Managing and Negotiating with Consultants and

Managing and Negotiating with Consultants and

Contractors on behalf of the Governments.

Contractors on behalf of the Governments.

15.

Monitor and maintain a crucial monitoring role to the

Monitor and maintain a crucial monitoring role to the

State Organizations and Local Government Councils

State Organizations and Local Government Councils

through capacity strengthening on procurement matters.

through capacity strengthening on procurement matters.

16.

Continue engagement with Donor Agencies in the

Continue engagement with Donor Agencies in the

implementation of assisted programmes and support

implementation of assisted programmes and support

for each others’ activities 

for each others’ activities 

particularly related to

particularly related to

procurement reforms.

procurement reforms.

17.

Involve professional bodies in appropriate areas of their

Involve professional bodies in appropriate areas of their

operations especially on adjudication where they are to

operations especially on adjudication where they are to

chair the panels.

chair the panels.

18.

To provide coverage of the Bureau’s activities on the

To provide coverage of the Bureau’s activities on the

State Government Projects and Programmes via

State Government Projects and Programmes via

Television/Radio stations and online Media.

Television/Radio stations and online Media.

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The Bureau consists of Eight Departments:

The Bureau consists of Eight Departments:

1.

Administration & General Services

Administration & General Services

.

.

2.

Planning, Research & Statistics;

Planning, Research & Statistics;

3.

Local Government Projects;

Local Government Projects;

4.

Civil Infrastructure;

Civil Infrastructure;

5.

Building Infrastructure;

Building Infrastructure;

6.

Power & Energy Infrastructure;

Power & Energy Infrastructure;

7.

Special Assignment;

Special Assignment;

8.

Monitoring and Evaluation

Monitoring and Evaluation

.

.

S

S

T

T

R

R

U

U

C

C

T

T

U

U

R

R

E

E

C

C

O

O

N

N

T

T

…

…

…

…

It also has four units directly reporting to

It also has four units directly reporting to

the Chief Executive as:

the Chief Executive as:

i.

Technical Advisory Unit

Technical Advisory Unit

ii.

Legal Advisory Unit

Legal Advisory Unit

.

.

iii.

Public Relations Unit

Public Relations Unit

.

.

iv.

Internal Audit Unit

Internal Audit Unit

R

E

L

A

T

I

O

N

S

H

I

P

W

I

T

H

M

I

N

I

S

T

R

I

E

S

,

D

E

P

A

R

T

M

E

N

T

S

A

N

D

A

G

E

N

C

I

E

S

(

M

D

A

s

)



The Bureau receives requests from MDAs

The Bureau receives requests from MDAs

on Project proposals for its 

on Project proposals for its 

NO OBJECTION

NO OBJECTION

Certificate 

Certificate 

and the Projects

and the Projects

Evaluation/Vetting of 

Evaluation/Vetting of 

Payment Certificates

Payment Certificates

.

.



It also attends Tenders Board Meetings at

It also attends Tenders Board Meetings at

MDAs and LGCs levels.

MDAs and LGCs levels.



 It also participates in 

 It also participates in 

Bids Opening

Bids Opening

, 

, 

Tender

Tender

Evaluation

Evaluation

 and preparation of 

 and preparation of 

Revised

Revised

Estimated Total cost (RETC)

Estimated Total cost (RETC)

, but only on

, but only on

the invitation by the Organizations.

the invitation by the Organizations.

R

E

L

A

T

I

O

N

S

H

I

P

W

I

T

H

M

I

N

I

S

T

R

I

E

S

,

D

E

P

A

R

T

M

E

N

T

S

A

N

D

A

G

E

N

C

I

E

S

(

M

D

A

s

)

C

O

N

T

…

…



The Bureau transmits its finding in respect

The Bureau transmits its finding in respect

of Evaluation/vetting of Payment Certificate

of Evaluation/vetting of Payment Certificate

to respective Ministries, Departments and

to respective Ministries, Departments and

Agencies (MDAs) and Ministry of Finance

Agencies (MDAs) and Ministry of Finance

for further necessary action in line with the

for further necessary action in line with the

prevailing regulations.

prevailing regulations.



In the case of LGCs, the transmits its finding

In the case of LGCs, the transmits its finding

to Ministry for Local Govt. in compliance

to Ministry for Local Govt. in compliance

with the provision of Local Government Law

with the provision of Local Government Law

2006 (as amended).

2006 (as amended).

R

E

L

A

T

I

O

N

S

H

I

P

C

O

N

T

…

…

A

A

D

D

H

H

O

O

C

C

A

A

S

S

S

S

I

I

G

G

N

N

M

M

E

E

N

N

T

T

S

S

:

:



The Bureau receives directives from the Executive

The Bureau receives directives from the Executive

Council to conduct Monitoring and Evaluation of

Council to conduct Monitoring and Evaluation of

some special projects and programmes.

some special projects and programmes.

M

M

O

O

N

N

I

I

T

T

O

O

R

R

I

I

N

N

G

G

O

O

F

F

B

B

U

U

D

D

G

G

E

E

T

T

I

I

M

M

P

P

L

L

E

E

M

M

E

E

N

N

T

T

A

A

T

T

I

I

O

O

N

N

(

(

M

M

&

&

E

E

)

)



The Bureau monitors the implementation of the

The Bureau monitors the implementation of the

entire State Budget as well as Budget

entire State Budget as well as Budget

Performance by MDAs.

Performance by MDAs.



It also monitors the impact of projects and

It also monitors the impact of projects and

programmes for future planning and prompts

programmes for future planning and prompts

policy decisions.

policy decisions.

R

R

E

E

L

L

A

A

T

T

I

I

O

O

N

N

S

S

H

H

I

I

P

P

W

W

I

I

T

T

H

H

P

P

U

U

B

B

L

L

I

I

C

C

,

,

(

(

N

N

G

G

O

O

s

s

A

A

N

N

D

D

C

C

B

B

O

O

s

s

)

)

I

I

N

N

R

R

E

E

S

S

P

P

E

E

C

C

T

T

T

T

O

O

P

P

R

R

O

O

J

J

E

E

C

C

T

T

S

S

I

I

M

M

P

P

L

L

E

E

M

M

E

E

N

N

T

T

A

A

T

T

I

I

O

O

N

N



The Bureau attends to any complaint,

The Bureau attends to any complaint,

petition and suggestions from the Public

petition and suggestions from the Public

in respect of Project execution for

in respect of Project execution for

Government appropriate action.

Government appropriate action.

T

T

H

H

E

E

J

J

O

O

U

U

R

R

N

N

E

E

Y

Y

S

S

O

O

F

F

A

A

R

R



Draft  Kano State Public Procurement, Monitoring

Draft  Kano State Public Procurement, Monitoring

and Evaluation     Law 2017 is awaiting passage

and Evaluation     Law 2017 is awaiting passage

by the Kano State House of Assembly.

by the Kano State House of Assembly.



However, Kano State Due Process Bureau

However, Kano State Due Process Bureau

functions in accordance with the extant circulars

functions in accordance with the extant circulars

cited above and the contents of the Due Process

cited above and the contents of the Due Process

Manual.

Manual.



Accordingly, the Bureau issues license to

Accordingly, the Bureau issues license to

contractors and consultants wishing to practice in

contractors and consultants wishing to practice in

Kano State via  its portal.

Kano State via  its portal.

www.ksdpb.org.ng

www.ksdpb.org.ng

. 

. 

in

in

addition to the Bureau’s Email,

addition to the Bureau’s Email,

kanodueprocessbureau16@gmail.com

kanodueprocessbureau16@gmail.com

.

.

T

T

H

H

A

A

N

N

K

K

Y

Y

O

O

U

U

!

!

!

!

!

!

!

!