KEY POINTS

• The Federal Government has directed ministries, departments, agencies and other procuring entities to observe a mandatory 14-calendar-day standstill period before finalising public procurement contract awards.
• Unsuccessful bidders will have an opportunity to request clarification, seek debriefing or lodge complaints before contracts are concluded.
• The directive took immediate effect and applies to ongoing and future procurement activities, with non-compliance potentially attracting administrative sanctions.

MAIN STORY

The Federal Government has directed all ministries, departments and agencies (MDAs) and other procuring entities to observe a mandatory 14-calendar-day standstill period before finalising public procurement contract awards, in a move aimed at strengthening transparency and accountability in government spending.

The directive is contained in a circular signed by the Secretary to the Government of the Federation, George Akume, with reference number SGF.50/S.52/III/727.

The Bureau of Public Procurement (BPP) disclosed this in a statement signed by its Acting Head of Public Relations, Ngozi Anyaelezu, on Thursday in Abuja.

According to the statement, BPP Director-General Adebowale Adedokun directed accounting officers to ensure that procurement planning committees, tenders boards and procurement departments comply with the new requirement.

The standstill period is intended to give unsuccessful bidders an opportunity to seek clarification, request debriefing or submit complaints before a contract is concluded. The process is designed to provide a window for reviewing procurement decisions before they become final.

Under the directive, once the appropriate authority approves a contract award recommendation, a Notice of Intended Award must be issued simultaneously to all participating bidders.

The notice must identify the successful bidder and state the contract sum. It must also inform unsuccessful bidders of their right to seek debriefing or submit complaints in line with the Public Procurement Act, 2007.

The circular prohibits procuring entities from proceeding to a final contract agreement or allowing a Letter of Award to become effective until the 14-day period has expired.

Adedokun also directed procuring entities to address complaints and protests received during the standstill period promptly, following the administrative review procedures prescribed by the Public Procurement Act and relevant BPP guidelines.

Where a complaint is received within the period, further actions relating to contract execution must be suspended where applicable until the matter is resolved.

Procurement officers are required to maintain records of notices issued, complaints received and actions taken to demonstrate compliance with the directive.

The BPP warned that procuring entities that fail to observe the mandatory waiting period could face administrative sanctions under the Public Procurement Act and other applicable regulations.

The directive took immediate effect and applies to both ongoing and future procurement activities. Accounting officers are required to bring the circular to the attention of tenders boards, procurement planning committees, procurement departments and other officials involved in public procurement.

The circular is to be read alongside the Public Procurement Act, 2007, existing procurement regulations and other directives issued by the BPP.

THE ISSUES

The mandatory standstill period introduces a formal opportunity for unsuccessful bidders to challenge or seek clarification on procurement decisions before contracts are finalised. This could make it more difficult for procurement disputes to be ignored or addressed only after a contract has progressed.

The requirement also places greater emphasis on disclosure. By requiring notices to identify the successful bidder and state the contract sum, the directive gives participating bidders specific information with which to assess the outcome of a procurement exercise.

For government agencies, the new requirement introduces a procedural step that must be incorporated into procurement schedules. Contract finalisation may take longer where the standstill period has not elapsed or a complaint requires resolution. Procuring entities will therefore need to plan timelines carefully while ensuring that the waiting period is not bypassed.

The impact on public spending will depend on how effectively the process works in practice. A standstill period can provide an opportunity to identify procedural concerns before public funds are committed, but its value depends on timely complaint handling, adequate record-keeping and consistent enforcement.

The directive also creates compliance obligations for procurement officers and accounting officers. Poor documentation or failure to follow the required process could expose procuring entities to administrative sanctions, even where a procurement exercise has otherwise progressed.

WHAT’S BEING SAID

“The notice must identify the successful bidder and the contract sum, while informing unsuccessful bidders of their right to seek debriefing or submit complaints in line with the Public Procurement Act, 2007.” – Bureau of Public Procurement directive

“Under the directive, once a contract award recommendation is approved by the appropriate authority, a Notice of Intended Award must be issued simultaneously to all participating bidders.” – Bureau of Public Procurement directive

“No contract agreement is to be carried out and no Letter of Award is to become effective until the expiration of the mandatory 14-day period.” – Bureau of Public Procurement directive

“Where a complaint was received within the period, further actions relating to contract execution will be suspended where applicable, pending its resolution.” – Adebowale Adedokun, Director-General, Bureau of Public Procurement

“The circular is to be read alongside the Public Procurement Act, 2007, existing procurement regulations and directives issued by the BPP.” – Adebowale Adedokun, Director-General, Bureau of Public Procurement

WHAT’S NEXT

Procuring entities will need to incorporate the 14-calendar-day period into their contract award procedures immediately, including for procurement activities already underway. The transition will require coordination among accounting officers, tenders boards, procurement planning committees and procurement departments.

The practical test will be whether agencies issue notices to all participating bidders at the same time, disclose the required award information and resolve complaints before proceeding with contract execution.

Compliance records and the handling of protests will also be important indicators of implementation. Any sanctions imposed for breaches could demonstrate how consistently the BPP and relevant authorities enforce the directive.

BOTTOM LINE

The Federal Government has introduced a mandatory 14-day standstill period to give unsuccessful bidders time to seek clarification or challenge procurement decisions before public contracts are finalised. The measure aims to strengthen transparency and accountability, with its effectiveness depending on compliance by procuring entities and the proper handling of complaints.

Source: NAN