History of the Bureau
The Bayelsa State Due Process Bureau Started in 2009 with the passage of the State procurement law. The law ensures that all state Procurement and contracts awarded follow the regulation as stipulated by the procurement law which will also satisfy the following; openness, transparency, accountability, competition, cost-effectiveness and value for money (vfm).
The Bayelsa State Public Procurement law was repeal and re-enacted and assented on the 14th day of December 2020 by H.E. (Senator) Douye Diri, the Executive Governor of Bayelsa State.
- To harmonize existing government policies and practices on public procurement and ensuring probity, accountability, and transparency in the procurement process,
- To establish fair pricing standards and benchmarks,
- To ensure the application of fair, competitive value- for-money, and fit-for-purpose standards and practices for the procurement and disposal of public assets and services,
- To create ample opportunities for the citizenry particularly, small and medium scale enterprises to participate in the economic opportunities and benefits of public procurement,
- To create a cost and time efficient and effective adjudicatory mechanism for the resolution of complaints arising from public procurement process in the State and its Local Governments filed by Procuring Entities, bidders, and the general public, and
- To see to the attainment of transparency, competitiveness, cost effectiveness, professionalism and guarantee integrity and public trust in the public procurement procedure.
- Formulate the general policies relating to public procurement for the approval of the Council, including regulations, guidelines, directives, instructions, technical notes, and manuals,
- Maintain a list of Procurement Entities covered by this Law and, subject to the approval of the Council, make regulations or guidelines for the composition, functions, powers, and procedure of the Procurement Board of any Procuring Entity,
- Publicize and explain the provisions of this Law,
- Subject to thresholds as may be approved by the Council and except as otherwise provided by this Law, certify all procurement prior to award of contract,
- Certify all contracts awards within the monetary review thresholds defined by the state council on public procurement,
- Certify procurement over N300m before award and shall conduct only process compliance review for procurement below that threshold. These thresholds shall be subject to periodic review by the State Council on Public Procurement from time to time,
- Review and recommend for the Council’s approval changes in procurement process to adapt to changes in technology,
- Monitor procurement and ensure compliance with statutory and contract requirements,
- Monitor the prices of tendered items and keep a database of standard prices
- Publish, and maintain an archival system for, paper and electronic editions of a procurement journal, which shall contain details of major contracts including proposed procurement notices, notices of invitation to tender and contract award information,
- Maintain a database of the particulars and classification and categorization of suppliers, contractors, and service providers,
- Collate and maintain in an archival system all procurement plans and information covered by this Law,
- Undertake procurement research and surveys,
- Organize trainings, development programmes and certification training in collaboration with recognized institutions for procurement professionals and other staff of the Bureau,
- Periodically review the socio-economic effect of the policies on procurement and advise the Council accordingly,
- Prepare / update and Issue standard forms of contracts, bidding documents, prequalification documents, requests for proposals and other similar documents for use by Procuring Entities for implementing procurement,
- Prevent fraudulent and unfair procurement and, where necessary, apply administrative sanctions,
- Advise the State Government on Issue relating to public procurement,
- Perform procurement audits and submit the audit report to the State House of Assembly annually,
- Deploy or post procurement officers and assistants to procuring entities to carry out all procurement processes and functions, and
- Perform such other functions as may be assigned to it by the Council.
- Enforcement of the monetary and prior review threshold approved by the Executive Council for the application of the provisions of the public procurement Law by procurement entities;
- Issuance of “Certificate of No Objective” for contract award within the prior review threshold for all procurement within the purview of the Law and “Certificate of No Objective” for payments at different stages of payment;
- Stipulating to procurement entities the procedures and documentation prerequisites for the issuances of the “Certificate of No Objection”;
- Inspect or review any procurement transaction to ensure compliance with the Law, if the need arises;
- Review and determine violations by procurement entities;
- Recommend to the Executive Council where there are persistent or serious beaches of the Law and guidelines;
- Investigate and act upon complaints received;
- Nullify the whole or any part of any procurement proceeding or award which contravenes the Law; and
- Do such other directives and perform such other functions as may be necessary to achieve the objectives of the Law;
- Request for and obtain from any procurement entity information including reports, memoranda and audited accounts, and other information; and
- Liaise or collaborate with relevant bodies or institutions national or international for effective performance.