Section 2: Definitions.⸻ In this Ordinance, unless there is anything repugnant in the subject or

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Public Procurement Regulatory Authority Ordinance (PPRA), 2002: • Authority — the Public Procurement Regulatory Authority established under section 3 • Board — the Board constituted under section 6 • Chairperson — the Chairperson of the Board; 1[ • disposal — auction, rental, lease, donations, destruction and recycling of public assets or any combination thereof;] • Fund — the fund established under section 9; 1[ • goods — articles and objects of every kind and description including raw materials, products, equipment, machinery, spares, scraps, 1Subs. and Ins. by Act. No II of 2023, ss. 2, 3 and 4. waste material and commodities in any form and includes all type of assets such as immovable property, physical objects in any form or matter, intangible assets, goodwill, intellectual property and proprietary right, as well as service incidental thereto if the value of these services does not exceed the value of such goods;] • Managing Director — the Managing Director appointed under section 8 • member — a member of the Authority • misprocurement — public procurement in contravention of any provision of this Ordinance, any rules, regulations, orders or instructions made thereunder or any other law in respect of, or relating to, public procurement • prescribed — prescribed by rules made under this Ordinance • public asset — all types of goods owned and possessed by the procuring agency,] • Public Fund — the Federal Consolidated Fund and the Public Account of the Federation and includes funds of enterprises which are owned or controlled by the Federal Government. 1[ • public procurement — acquisition of goods, services or construction of any works financed wholly or partly out of the public fund and includes disposal of public assets and commercial transactions between procuring agency and private party, in terms of which the private party is allowed to:⸻ (i) perform a procuring agency’s assigned functions, including operations and management, on its behalf; (ii) assume the use of public asset; or (iii) receive a benefit either from budget or revenue of the Federal Government or from fees or charges to be collected by the private party for performing the procuring agency’s function or any combination thereof;] • regulations — regulations made under this Ordinance • rules — rules made under this Ordinance; 1Ins. and Subs. by Act. No II of 2023, s. 4 • service — any object of procurement other than goods or works; and • works — any construction work consisting of erection, assembly, repair, renovation or demolition of a building or structure or part thereof, such as site preparation, excavation, installation of equipment or materials and decoration, finishing and includes incidental services such as drilling, mapping, satellite photography, seismic investigations and similar activities, if the value of those services does not exceed that of the works themselves. CHAPTER II.-ESTABLISHMENT OF AUTHORITY This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

2. Definitions.⸻ In this Ordinance, unless there is anything repugnant in the subject or context,⸻ (a) “Authority” means the Public Procurement Regulatory Authority established under section 3; (b) “Board” means the Board constituted under section 6; (c) “Chairperson” means the Chairperson of the Board; 1[(ca) “disposal” means auction, rental, lease, donations, destruction and recycling of public assets or any combination thereof;] (d) “Fund” means the fund established under section 9; 1[(e) “goods” means articles and objects of every kind and description including raw materials, products, equipment, machinery, spares, scraps, 1Subs. and Ins. by Act. No II of 2023, ss. 2, 3 and 4. waste material and commodities in any form and includes all type of assets such as immovable property, physical objects in any form or matter, intangible assets, goodwill, intellectual property and proprietary right, as well as service incidental thereto if the value of these services does not exceed the value of such goods;] (f) “Managing Director” means the Managing Director appointed under section 8; (g) “member” means a member of the Authority; (h) “misprocurement” means public procurement in contravention of any provision of this Ordinance, any rules, regulations, orders or instructions made thereunder or any other law in respect of, or relating to, public procurement; (i) “prescribed” means prescribed by rules made under this Ordinance; (j) “procuring agency” means⸻ (i) any Ministry, Division, Department or any Office of the Federal Government; (ii) any authority, corporation, body or organization established by or under a Federal law or which is owned or controlled by the Federal Government. 1[(ja) “public asset” means all types of goods owned and possessed by the procuring agency,] (k) “Public Fund” means the Federal Consolidated Fund and the Public Account of the Federation and includes funds of enterprises which are owned or controlled by the Federal Government. 1[(l) “public procurement” means acquisition of goods, services or construction of any works financed wholly or partly out of the public fund and includes disposal of public assets and commercial transactions between procuring agency and private party, in terms of which the private party is allowed to:⸻ (i) perform a procuring agency’s assigned functions, including operations and management, on its behalf; (ii) assume the use of public asset; or (iii) receive a benefit either from budget or revenue of the Federal Government or from fees or charges to be collected by the private party for performing the procuring agency’s function or any combination thereof;] (m) “regulations” means regulations made under this Ordinance; (n) “rules” means rules made under this Ordinance; 1Ins. and Subs. by Act. No II of 2023, s. 4. (o) “service” means any object of procurement other than goods or works; and (p) “works” means any construction work consisting of erection, assembly, repair, renovation or demolition of a building or structure or part thereof, such as site preparation, excavation, installation of equipment or materials and decoration, finishing and includes incidental services such as drilling, mapping, satellite photography, seismic investigations and similar activities, if the value of those services does not exceed that of the works themselves. CHAPTER II.-ESTABLISHMENT OF AUTHORITY

Effective date: 2002-01-01

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