PUBLIC PROCUREMENT ACT

Section 53: Bureau to Recommend Investigation.

2007Section 53 of 61Federal Republic of Nigeria

(1) The Bureau may review and recommend for investigation by any relevant authority any matter related to the conduct of procurement proceedings by a procuring entity, or the conclusion or operation of a procurement contract if it considers that a criminal investigation is necessary or desirable to prevent or detect a contravention of this Act.
(2) The relevant authority may in the course of investigation:
(a) require an officer, employee or agent of the procuring entity or bidder, supplier, contractor, or consultant to produce any books, records, accounts or documents;
(b) search premises for any books, records, accounts or documents;
(c) examine and make extracts from and copies of books, records, accounts or documents of any procuring entity, bidder, supplier, contractor or consultant;
(d) remove books, records, accounts or documents of the procuring entity, bidder, supplier, contractor or consultant for as long as may be necessary to examine them or make extracts from or copies of them but the investigator shall give a detailed receipt for the books, records, accounts or documents removed;
(e) require an officer, employee or agent of the procurement entity or bidder, supplier, or contractor or consultant:
(i) to explain an entry in the books, records, accounts or documents;
(ii) to provide the investigator with information conceming the management or activities of the procurement entity or bidders as may be reasonably required;
(f) explain an entry in the books, records, accounts or documents; and
(g) provide the investigator with information concerning the management or activities of the procurement entity or bidders as may be reasonably required.
(3) The Bureau may, pursuant to the advice of the procuring entity, results of its review of a procurement or report of investigation by a relevant government agency issue a variation order requiring a contractor at his own expense to repair, replace, or to do anything in his or her contract left undone or found to have been carried out with inferior or defective materials or with less skill and expertise than required by the contract of award.
(4) The Bureau shall, if satisfied that there has been a contravention of this Act or any regulations in relation to procurement proceedings or procurement contracts,
take action to rectify the contravention which action shall include:
(a) nullification of the procurement proceedings;
(b) cancellation of the procurement contract;
(c) ratification of any thing done in relation to the proceedings; or
(d) a declaration consistent with any relevant provisions of this Act.
(5) On completion of the investigation, the relevant authority shall if an offence is disclosed, take all necessary steps to commence prosecution and inform the Bureau and the procurement entity accordingly, but where no offence is disclosed, the file shall be closed and the Bureau and procuring entity shall be duly informed.

Cite this section

Section 53, PUBLIC PROCUREMENT ACT (2007).

https://repo.podus.ai/laws/public-procurement-act/section/53/