The Federal Government of Nigeria has introduced a new directive requiring Ministries, Departments, and Agencies (MDAs) to enforce a mandatory 14-calendar-day standstill period before executing public procurement contracts. This move aims to strengthen transparency, accountability, and fairness in the award of public contracts. The directive, which takes immediate effect, requires government institutions to give unsuccessful bidders an opportunity to challenge or seek clarification on procurement decisions before contracts are formally concluded.
The Secretary to the Government of the Federation, George Akume, disclosed this in a circular addressed to ministers, permanent secretaries, heads of government agencies, accounting officers, and other officials involved in public procurement across the Federal Government. The circular directs all procuring entities to comply with the standstill requirement for ongoing and future procurement activities. Under the directive, government institutions must notify all participating bidders of an intended contract award after the relevant authority approves the award recommendation.
The government explained that the waiting period was designed to provide unsuccessful bidders with an opportunity to raise objections before the procurement process is concluded, rather than allowing contracts to proceed immediately after the announcement of an intended winner. The circular described the standstill period as a “mandatory interval between the communication of the Notice of Intended Award and the formal execution of the contract.” It added that the purpose was “to provide unsuccessful bidders with an opportunity to seek clarification or file complaints regarding the procurement process before a contract is concluded.”
The directive further requires procuring entities to promptly address complaints or protests submitted by bidders during the waiting period in accordance with the administrative review procedures established under the Public Procurement Act, 2007, and relevant guidelines issued by the Bureau of Public Procurement. Where a complaint is received within the 14-day period, the government directed that “further procurement actions relating to contract execution shall be suspended pending the resolution of the complaint, where applicable.”
The SGF also instructed Procurement Officers to maintain adequate records demonstrating compliance with the requirement, including notices sent to bidders, complaints received, and actions taken to resolve them. The circular warned that any procuring entity that failed to comply with the standstill requirement would be liable to administrative sanctions under the Public Procurement Act and other applicable regulations. “Accordingly, all procuring entities are hereby directed to ensure that all ongoing and future procurement activities fully comply with this requirement,” Akume stated.
He directed Accounting Officers to circulate the instructions to their Tenders Boards, Procurement Planning Committees, Procurement Departments, and all officials involved in public procurement, stressing that the directive must be read alongside existing procurement laws, regulations, and BPP guidelines. The circular referenced an earlier BPP circular on the revision of service-wide prior-review thresholds and implementation guidelines, reinforcing the government’s position that procurement procedures must comply with established rules at every stage.
The latest order comes against the backdrop of ongoing efforts to strengthen Nigeria’s public procurement system, which governs how government institutions purchase goods and services, award construction contracts, and engage consultants using public funds. The Public Procurement Act, 2007, established the legal framework for federal public procurement and the BPP as the regulatory body responsible for promoting transparency, competition, accountability, and cost-effectiveness in the process.
Key points
- The Federal Government introduces a 14-day standstill period before executing public procurement contracts to enhance transparency and accountability.
- The directive requires procuring entities to address complaints or protests submitted by bidders during the waiting period.
- Non-compliance with the standstill requirement may attract administrative sanctions under the Public Procurement Act and other applicable regulations.
