morganable politics/Governance
The government further listed offering employment or any form of benefit with monetary value to influence procurement outcomes as another offence that could attract debarment.
KaNo—
The Federal Government has approved new guidelines introducing a blocklist of up to five years for contractors, consultants and service providers found guilty of misconduct in the execution of public contracts, in a move aimed at strengthening transparency and accountability in procurement processes.
The directive, contained in a circular titled “Implementation of the National Guideline on Debarment of Contractors,” was signed by the Secretary to the Government of the Federation, George Akume, and circulated to top government officials and key institutions across the country.
According to the circular, the new framework outlines six major grounds upon which contractors may be excluded from participating in Federal Government procurement for a period ranging from three to five years.
The measure is designed to curb corruption, enforce compliance with contractual obligations and ensure value for money in public expenditure.
Akume stated that the guideline was introduced to “promote integrity, transparency and accountability in public procurement, ensure value for money in public spending, and protect government from bad and non-performing contractors.”
The circular was addressed to high-ranking government officials, including the Chief of Staff to the President, ministers, service chiefs, the Inspector-General of Police, and heads of key agencies such as the Central Bank of Nigeria, Independent National Electoral Commission, and anti-corruption bodies.
Also copied were permanent secretaries, heads of extra-ministerial departments, the Clerk of the National Assembly, the Chief Registrar of the Supreme Court, and chief executives of government-owned enterprises.
Under the new guideline, contractors may be debarred if they engage in corrupt practices such as offering bribes or inducements to influence procurement decisions.
This includes providing money, gifts or any tangible benefit to current or former officials of procuring entities or the Bureau of Public Procurement.
The government further listed offering employment or any form of benefit with monetary value to influence procurement outcomes as another offence that could attract debarment.
In addition, any contractor convicted of fraud or offences related to the award or execution of public contracts will face exclusion from government procurement activities.
The guideline also targets non-performance, stating that contractors who wilfully fail to deliver on contractual terms or who have a history of unsatisfactory performance may be sanctioned.
It emphasised that repeated failure to meet contractual obligations would be sufficient grounds for blocklisting.
Falsification of documents submitted during bidding or contract execution is another offence captured under the new rules.
The government warned that contractors found guilty of presenting false information would be barred from future dealings.
Furthermore, contractors already debarred by multilateral organisations may also be considered for similar sanctions by the Federal Government, reinforcing alignment with international best practices.
Once a contractor is debarred, Ministries, Departments and Agencies are prohibited from awarding contracts to such entities or soliciting offers from them.
The restriction also extends to subcontracting arrangements, as debarred firms are not allowed to participate as agents or representatives of other contractors.
However, the guideline provides some flexibility, noting that existing contracts may continue if a government agency determines there are compelling reasons to do so. The sanctions will also apply to partners involved in joint venture agreements.
The document specifies that the Debarment Committee will determine the duration of sanctions, which must not be less than three years and not exceed five years, depending on the severity of the offence.
A detailed procedure for enforcing debarment was also outlined in the circular.
The Bureau of Public Procurement is empowered to initiate proceedings where there is evidence of a violation of the Public Procurement Act, 2007, or related regulations.
The BPP may act based on findings from its own reviews, audits or surveillance activities. In addition, procuring entities can recommend contractors for debarment after conducting investigations and obtaining approval from their Accounting Officers.
The process begins with the BPP acknowledging receipt of a debarment request within seven working days. The Secretary of the Debarment Committee is then required to review the case within 10 working days.
If sufficient evidence exists, the BPP must issue a formal notice to the contractor within five working days, detailing the allegations and grounds for proposed debarment.
The affected contractor is given 10 working days to respond, with a possible extension of up to five additional days upon request.
Contractors are allowed to defend themselves either personally or through legal representation, and must submit a written response supported by a verifying affidavit confirming the accuracy of their claims.
In cases where the contractor cannot be reached through physical or electronic means, the government may publish the notice in two national newspapers, the Federal Tenders Journal and the BPP’s website for at least 10 working days.
If no response is received within the stipulated period, the Debarment Committee may proceed with the case based on available evidence.
Upon receiving a response, the committee is required to review all submissions and make a decision within 15 working days. Where debarment is approved, the BPP must issue a final notice within five working days, stating the grounds, duration and implications of the sanction.
The names of debarred contractors will be published in the BPP database, the Federal Tenders Journal and other official platforms, making them publicly accessible.
The new guideline builds on the existing public procurement framework established by the Public Procurement Act, 2007, which designates the BPP as the regulatory authority responsible for overseeing procurement processes in the country.
Analysts say the introduction of a structured debarment system could help reduce contract fraud, improve project delivery and restore public confidence in government spending, particularly amid concerns over abandoned projects and mismanagement of public funds.
They note that effective implementation and strict enforcement will be key to achieving the objectives of the policy, as previous efforts to sanitise procurement have been undermined by weak oversight and political interference.
