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APPLICATION OF DUE PROCESS IN EXISTING PROCUREMENT METHODS IN NIGERIA

ABSTRACT

This study examines the use of Due Process in the procurement of building projects in Nigeria. It provides a brief overview of the implementation of due process in the Nigerian public sector, with a focus on the construction industry.

This study goes even farther, highlighting the benefits of introducing and implementing due process in building projects. This was accomplished through interviews and the distribution of questionnaires focusing on project participants’ awareness and grasp of the notion of due process in the Nigerian construction sector.

Since its implementation, this initiative has looked at the effectiveness of using due process procedures in the procurement of building projects. It goes on to say that the “application or non-application” of due process procedures or mechanisms has an impact on the project.

CHAPTER ONE

INTRODUCTION

BACKGROUND OF THE STUDY

The construction industry’s activities include the procurement of goods and services, as well as the construction of a variety of physical structures and infrastructure utilizing various procurement methods (Ayangade, Wahab, and Alake 2009). The construction industry’s activities have aided in the growth of the gross domestic product (GDP), the formation of gross fixed capital, and the establishment of high levels of employment for the changing professions (Wahab, 2005). The construction industry accounts for up to 22.00 percent of GDP in industrialized countries and employs up to 12.00 percent of the overall workforce, whereas it accounts for 16.00 percent of GDP in Nigeria and employs up to 20.00 percent of the workforce (Akindoyeni, 2004). The construction industry differs from other process sectors in a number of ways. Over the years, the public procurement system in Nigeria has been defined as characterized by non-compliance with tendering process principles in the selection of contractors with the financial, technical, and management know-how to complete projects on time, on budget, and with high quality. Increased reports of public procurement system abuse in Nigeria’s three tiers of government have resulted in massive resource losses in various public projects [BMPIU, 2005]. According to Oboirien, 2005, the country may have wasted billions of dollars over the years due to abuse of procedures, contract cost inflation, lack of transparency, competence-based competition, and merit as the primary basis for awarding public contracts. There was also an issue.

STATEMENT OF PROBLEM

In the construction sector, several procurement procedures are utilized to carry out various projects, all of which are subject to due process.

According to investigations, the majority of contracts issued by the government or its officials are obtained through bribery. Some of these contracts are given to contractors who agree to pay the procurement official a percentage of the contract’s original value. This encourages contractors to use substandard materials, provide poor service, and even abandon projects (Ayodele, Charles, Akinusi& Marion 2010).

 

Over the period, Nigeria as a nation has lost numerous trillions of Naira on badly executed contracts, substandard craftsmanship, collapsed structures, delayed and abandoned projects, and the multiplier economic and social benefits received from such projects are unquantifiable. It hasn’t been simple.

OBJECTIVES OF THE STUDY

The purpose of this study is to evaluate the implementation of due process in Nigeria’s current procurement practices. The study’s goals are listed below.

(1) Determine the extent to which project participants understand and are aware of Due Process in the procurement of construction projects.

 

(2) To analyze the effectiveness of due process in the implementation of public projects in Nigeria.

 

(3) To determine the obstacles or barriers to the use of due process in the project procurement process in Nigeria.

RESEARCH QUESTIONS

The following research questions have been proposed based on the research goals.

(1) What is the level of project participants’ awareness/understanding of Due Process in the procurement of construction projects in Nigeria?

 

(2) How effective is the use of due process in the implementation of public projects in Nigeria?

 

(3) What are the challenges/barriers to implementing effective due process in public procurement as it applies to the construction industry?

RESEARCH HYPOTHESES

The following null hypotheses are proposed in this paper:

1st Hypothesis

 

H0: Project participants in Nigeria are unaware of the application Due Process in the procurement of building projects.

 

H1: There is an understanding of the application. In Nigeria, project participants must follow due process while procuring building projects.

 

2nd Hypothesis

 

H0: In Nigeria, following due process procedures has no major impact on project delivery.

 

H1: Application of due process procedure has a significant impact on project delivery in Nigeria

 

Hypothesis 3

 

H0: There are no significant challenges and barriers to the implementation of due process in project procurement

 

H1: There are significant challenges and barriers to the implementation of due process in project procurement

SIGNIFICANCE OF THE STUDY

The purpose of this research is to provide policymakers and other stakeholders with information on the effects of the Due Process method in the delivery of public projects in Nigeria. The evaluation of the Due Process application will aid in determining the benefits of its use in contract award, performance, and implementation utilizing Due Process certifications from 2001 to 2013. Finally, this will shed more light on the significance of following due process as a requirement for project procurement for public projects.

SCOPE OF THE STUDY

Because it has a stronger connection to construction procurement, construction contracts, project delivery, monitoring, implementation, and assessment.

Architects, Quantity Surveyors, Civil/Structural Engineers, Builders, and Services Engineers, as well as construction businesses that have handled public project contracts, were among the professionals sampled.

This research focuses on a project that was completed within five years and followed due process procedures.

DEFINITION OF TERMS

Due Process is followed.

This is a system for ensuring that the Federal Government of Nigeria follows the openness, competition, and cost accuracy laws and processes that should guide contract award.

Unit of Due Process

The Presidency’s unit is charge of budget monitoring and price intelligence. It guarantees that project procurements are carried out in compliance with established standards.

Methodology for the Due Process

The Due Process uses basic tools and criteria in project management, assessment, monitoring, and evaluation of government projects to ensure transparency, integrity, competence, competitiveness, and value for money in capital program planning and execution.

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