CHAPTER ONE 1.1 BACKGROUND OF THE STUDY Public procurement processes in Nigeria as evolved overtime since 1960. Prior to 2007,public procurement practices in Nigeria was regulated by Treasury Circular of 1958. Ogali (2013) and Musa Aderonmi (2016) noted that the Treasury circular of 1958 provided guidelines that were weak, grossly inadequate, thus exposing the entire public procurement process to fraud, malpractices and endemic corruption in the public procurement of works, goods, supplies and services. Studies (i.e. Jibril, et al. (2014); Olayiwola and Oyegoke (2009); Nwogwugwu and Adebayo (2015); Nadi (2009);MKA and Oyegoke (2010)) also revealed that public procurement process that was regulated by the guidelines of the Treasury Circular of 1958 was generally characterized by lack of procurement planning and budgeting, delay and nonrelease of funds for projects execution despite budgetary provisions, political and executive interference, corruption, inefficiency, lack of professionalism, lack of competition, lack of transparency and long bureaucratic procedures. These challenges led to waste of public funds, delay in projection execution, delivery of substandard good, services and works, projects abandonment, proliferation of unviable (White elephant) projects, selection of suppliers with no technical and financial capacity and undue interference in contracts award and execution (Onyema,2011; Jibril, et al.,2014). Consequently, in 1999 President, Chief Olusegun Obasanjo, as part of his Public Sector Reform agenda, commissioned the Country wide Procurement Assessment Report (CPAR) with the support of the World Bank (Omolara,2014). The field report revealed a lot of deficiencies within the public procurement processes (Musa and Aderonmu, 2016). The CPAR field report further revealed that public procurement was governed by the Minister of Finance and lack transparency and failed to provide clear rules governing public procurement – especially since the regulations that did exist were not publicly available (Musa and Aderonmu 2016).These findings eventually led to the enactment and signing into law of the Public Procurement Act in 2007 and the establishment of the Bureau of Public Procurement (BPP), as the sole regulator of public procurement at the federal level of Government in Nigeria (Onyema,2011). Barely, eight years after the commencement of the implementation of the PPA 2007, Nigeria with other United Nation member states in 2015 signed a declaration committing it to deliver on the Sustainable Development Goals (SDG’s). DEFRA (2011) cited a report from World Commission on Economic and Development authored by Brundtland titled ‘Our Common Future’ which explained Sustainable Development as “ensuring that humanity meets the need of the present without compromising the ability of future generations to meet their own needs”. Sengupta and Shukla (2019) noted that SDG’s also known as Global Goals acts as a motivation to galvanize nations and people for contributing towards poverty eradication, protection of the planet and ensuring peace and harmony among the people. UNEF (2011) guide on Sustainable Procurement for UN system listed five main concepts towards sustainability, namely: (i)Sustainable Development; (ii) Climate Change; (iii) Resource Efficiency and Green Economy;(iv) Human Rights; and (v) Sustainable Public Procurement. United Nation recognizes SPP as one of the 5 major area of strategic focus for countries seeking to achieve sustainable development. UNEP (2011) noted that Sustainable development is one of the most ambitious, allencompassing goal that the international community has ever set for itself. It requires a well-balanced relationship between lasting human development and the sustainable use of our planet’s resources. The 17 SDG’s are explained in Table 1.1 below: 1.1 SUSTAINABLE DEVELOPMENT GOALS Sala (2020) highlighted that over the years, the concept and practice of sustainable development has been continuously evolving. Indeed, the greatest challenge humanity faces today is to plan and carry out human activities in a manner compactible with Earth’s limits. The United Nations identified issues to be addressed under the economic, social and environmental pillars of sustainable development, see figure 1.1 below. 1.3 AIM AND OBJECTIVES The aim of this study is to develop a Framework for Sustainable Public Procurement in the Nigeria Public sector To achieve the aim of this research the following objectives are proposed i. What are the potential drivers for the implementation of Sustainable Public Procurement in the Nigeria Public Sector? ii. What factor hinders the development Sustainable Public Procurement in the Nigeria Public Sector? iii. What are the factors to consider when adopting Sustainable Public Procurement in a developing Country Like Nigeria? 1.4 STATEMENT PROBLEM OF THE Even though the PPA 2007 has a provision under section 18(d) for government agencies to aggregate their needs, there is no record indicating that this has ever been applied in any procurement decision across MDAs in the country. It is also worth mentioning that the PPA 2007 did not make any specific provision for the consideration of environmental and social factors in making public procurement decision. The PPA 2007 did not also provide for the adoption by procuring entities of e-procurement and whole life cycle costing, two of the major value creating benefits of a SPP. Whole life cycle costing/Total cost of ownership, aggregation of needs by MDAs, local community involvement, environmental considerations, innovation, technology, ethical considerations in the way public goods and services are procured and projects delivered can be achieved through the adoption of SPP 1.5 SIGNIFICANCE STUDY OF THE Sustainable Procurement means socially responsible, environmentally responsible and economically responsible procurement. Sharma further highlighted that “the tendency is to think we are talking about environmental procurement, but we have to take into account all the three”. Environmental Procurement which is also refers to as Green Procurement encompasses only environmental concerns while Sustainable Procurement covers social goals such as job creation, ethical procurement, promotion of local content initiatives, economic development and promotion of equal employment opportunities. Public Procurement process mainly focus on the satisfaction of stakeholders in line with the development objectives of the country (Karunasena and Gunawardhana,2015). IAWG (2012) observed that Sustainable Procurement is a process by which organisations buy assets, supplies or services by taking into account a number of factors including: Value for money considerations such as price, quality, availability and functionality The entire lifecycle of products Environmental aspect: the effect on the environment that the assets, supplies and / or services have over the whole lifecycle (“Green Procurement”) Social aspects: effect on issues such as poverty eradication, inequality in the distribution of resources, labour conditions, human rights, fair trade Sustainable or recycled materials /products Sustainable Public Procurement framework can be used to address the growing calls to bring transparency, manage the growing agitations for resource control stemming from a fast growing population, accountability, economy, efficiency and best value in public procurement with an underlining consideration for environmental and social factors and not just the usual economic factor. The enactment of the Public Procurement Act in 2007 has no doubt being instrumental in repositioning and restructuring the public procurement in Nigeria but a lot of issues that the enactment of the PPA 2007 was meant to addressed remains unresolved. Some of the challenges and drawbacks identified in the public procurement process in Nigeria despite the enactment of PPA 2007 in studies by Nwogwugwu and Adebayo (2015) and Ifejika (2009) can be managed through the adoption of SPP framework. Sir Neville Simms, Chair United Kingdom Sustainable Procurement Task Force noted in his forwarding notes on the recommendations from the Sustainable Procurement Task Force on Procurement that: CHAPTER 2 LITERATURE REVIEW 2.0 Introduction This chapter will review some existing literatures on public procurement and SPP in developed economies and developing economies. Boote and Beile (2005) observed that the understanding of existing literature in a field can be critical to carrying out a significant research on it by a researcher. Grant and Booth (2009) noted that Literature Review “goes beyond mere description of identified articles and include a degree of analysis and conceptual innovation”. Many studies have been conducted on Public procurement and Sustainable public procurement and how procurement can be used to address corruption concerns in public sector and promote good governance (EU 2014; Afoakwa 2012; Solomon 2018; Alzawawi 2014; Jibril, et al. 2014; Kaoje 2017). The focus of this study is to Develop a framework for Sustainable Public Procurement in the Nigeria Public Sector. Early studies on SP emanated from the private sector and were driven by environmental concerns. (Zhul et al., 2005; Srivastava, 2007; Lamming Hampston,1996). Many researchers on SP agreed that procurement is indeed a strategic tool that can help achieve desire outcomes in a society and is critical in driving forward the sustainability agenda (Brammer and Walker,2011; Carter and Rogers,2008; Green et al.,1998; Ho, et al.,2010; Meehan and Bryde,2011; Preuss,2009). SPP is a process whereby public organisations procure their needs for goods, service, works and utilities in a way that achieve value for money in a whole life-cycle basis in terms of generating benefits not only to the organisation, but also to the society and the economy while significantly reducing the negative impact on the environment (DEFRA,2011). Hyacint, et al.(2017) affirm that Sustainable is a tool which allows governments across the globe to leverage public spending in order to promote their country’s social, environmental and economy policies. EcoVadis (2019) defines SP as ‘the adoption and integration of sustainability principle into procurement processes and decisions, while also ensuring they meet the requirement of the company and its stakeholders 2.2 CONCEPTUAL ISSUES Many researchers have carried out studies on the Nigeria Public Procurement process prior to the signing into law of PPA 2007 and further researches have also conducted on how the public procurement processes has performed in the country after the promulgation of the PPA 2007. Public Procurement in Nigeria was not regulated or based on any legislative framework between the period of independence in 1960 to 2007.This era has earlier mentioned witnessed a procurement process that was very weak, bedevilled with irregularities, fraud, massive corruption, illegalities, corruption and monumental waste (Onyema,2011, Ogali,2013, Akenroye, et al.2013) 2.2.1 PUBLIC PROCUREMENT The word Procurement has been used interchangeably with Buying or Purchasing even though these words connotes different meanings. Procurement “is the organisational function that includes specifications development, value analysis, supplier market research, negotiations, buying activities, contract administration, inventory control, traffic, receiving and store”. Thai (2009) noted that procurement is continuing to evolve both conceptually and organisationally. (ISM, 2009). Purchasing is a major function that is responsible for acquisition of required materials, services and equipment. 2.2.2 HISTORY OF PUBLIC PROCUREMENT IN NIGERIA Williams-Elegbe (2015) observed that prior to 2007, there was no Public Procurement Law, there was no institution charged with regulatory and over sight function on Public Procurement, no defined standard and guidelines on how to conduct Public Procurement, hence the Public Procurement processes was exposed to irregularities, fraud, corruption and mismanagement. The Nigeria Public Procurement landscape witnessed a transformation with the enactment of the Public Procurement Act 2007 by the National Assembly under President Olusegun Obasanjo. However, It was on 4 July,2007 that President Umar Musa Yar’Adua finally assented to the Public Procurement Act 2007. This reform which was supported by the World Bank was designed to regulate the public procurement process in Nigeria by making it economical, efficient, transparent and competitive in order to get best value for every kobo spent on public procurement. Nwogwugwu and Adebayo (2015) noted that: 2.2.3 PUBLIC PROCUREMENT AND CORRUPTION IN NIGERIA According to Hyacint, et. al (2017) Public procurement expenditure amounts to as much as 20 percent of Nigeria Gross Domestic Product (GDP). Public procurement wield enormous purchasing power, accounting for an average of 12 percent of Gross Domestic Product (GDP) in OEDC countries and up to 30 percent GDP in developing countries (UN Environment, 2017). Public Procurement is increasingly regarded as the core element of accountability of the Government to the public on how public fund is managed (OECD,2007). Public Procurement has been identified as the government activity most vulnerable to corruption (OECD, 2007 and Appolloni and Nshombo, 2014). Public Procurement is a major interface between public and private sectors, public procurement provides multiple opportunities for both public and private actors to divert public funds for private gains (OECD,2007). The enactment of the PPA 2007 was seen by many observers as the panacea to corruption and waste in the Nigeria public sector. However, it is sad to mention that after the PPA 2007 became a law in Nigeria UNODC (2007) observed that an estimated sum of about $185 billion was also looted through illicit flow from the public treasury between 2005 and 2014.This period covered extensively an era when the PPA 2007 has been fully activated in the conduct of government procurement. A large percentage of these funds were siphoned through the Public Procurement. This assertion was further affirmed when the then Minister of Justice of the Federation, Mr Mike Aondoaaka observed during a public function in 2009 that over 80 percent of corruption activities was perpetuated in the public sector through the public procurement processes, mentioning contract inflations, non-delivery of contracted items and several other ills as the bane of public procurement in Nigeria. Centre for Social Justice (2009) noted that despite the enactment of the PPA 2007, Nigeria loses over N1.5 Trillion annually through various forms of fraudulent manipulations, including inflation of contracts costs, proliferation of ghost projects, as well as lack of procurement plans, poor projects prioritizations, poor budgeting processes, lack of competition and value for money in the award and execution of government contracts. According to a Guardian Newspaper Report of Monday 28 September 2009 ‘abuses in public procurement process provide the major sources of diversion of public funds, poor projects conception, poor implementation and denial of social services to Nigerians at all levels and tiers of Government’. The chart below illustrate the vulnerability of procurement to corruption globally when compared to other sectors withing the public sector 2.3 INTERDEPENDENT PRINCIPLES FOR GLOBAL BEST PRACTICE PUBLIC PROCUREMENT World Bank Group (2017) observed that Public procurement is a powerful level for achieving economic, environmental, technological and social goals. In recent years the amount of procurement expenditure has been increasing, and with it, so has public demand for greater transparency and efficiency. 2.3.1 Competition: Through competition, every eligible participant in the public procurement process is given equal opportunity to participate. ement process. 2.3.2 Transparency: 2.3.5 Transparency is compulsory in public procurement, it creates an enabling process for impartial and open public procurement process. World Bank Group (2017) observed that transparency is essential at every stage of the process; a legal procurement system that ensures transparency creates an enabling environment for competition. Arrowsmith (2005) observed Transparency as a requirement for the presence of rules that requires publicity for contract opportunities. This is also a very critical goal of public procurement. Procurement process that are not transparent are vulnerable to abuses and manipulations. 2.3.3 Integrity: Another important goal of Public Procurement is efficiency. Allen (2002) highlighted that efficiency can be viewed in two different perspective, the first is in terms of the use of resources in obtaining what the Government needs; in other words, a procurement system is efficient when it spend the least resources in the process of purchasing what it requires and the second is in terms procedural efficiency, meaning procurement procedures should not be burdensome or take inordinate amount of time to be completed. Allen (2002) observed that integrity suggest that there are rules of conduct that governs the action of public officials and government contractors in the procurement process.. The integrity of the procurement process requires that public procurement officer declare any issues relating to conflict of interest both at the beginning and duration of the procurement process. Towards securing the integrity of the procurement process, best practices requires that rules proscribing conflict of interest in contract award, and the publications of contract opportunities, which gives the impression that contacts are not awarded in closed, discriminatory fashion but in an open and honest manner (Allen,2002). 2.3.4 Best Value: Best Value means selecting the offer which present the optimum combination of factors such as, appropriate quality, life -cycle costs, and other parameters which can include social, environmental or other strategic objectives which meets the endusers needs (UN, 2006). 2.3.6 Efficiency: Professionalism: Professionalism is a discipline whereby educated experienced, responsible procurement officers make informed decisions regarding purchased operations (Asare and Bentum, 2009). 2.4 TRIPLE BOTTOM LINE (3BL) AND SUSTAINABILITY Triple Bottom Line is an effective and powerful concept to convey what sustainability means for an organisation (Gelderman et al., 2017). The term “Triple Bottom Line was first coined in 1998 by John Elkington, the founder of British Consultancy firm ‘SustainAbility’. Elkington model contend for a balance approach to deal with estimating performance overtime, so profit, people and planet aim to measure the Financial of a business over a period of time. Traditional, many companies tends to invest their time, energy and resources on a narrow bottom line of securing the best financial performance for their shareholder. In the words of Josh Prigge, CEO of Sustridge ‘The Triple Bottom Line can be envisioned as a three-legged stool, with one leg representing people, one leg representing the planet and one leg representing profit’ (Fernandes, 2020). Tubulin and Walker (2015) used the 3BL as an underlying framework to offer a clear and simplified insight into current issues in Sustainable Supply Chain Management (SSCM). 3BL is a prominent approach to Corporate Social Responsibility and sustainability in general, which seems to help authors conceptualise SSCM (Carter and Rogrs,2008). The 3BL concept seek to a paradigm shift from the narrow bottom line of financial objective to businesses that create wealth for both its customers, employees and stakeholders while also contributing positively to the society and protecting the environment. Fernandes (2020) further noted that times are changing, and today’s consumers and employees are more engaged and socially conscious, as a result companies of all sorts and sizes have adopted standard of sustainability and social responsibility. Interpreting sustainability more broadly. 2.4.1 People: Critical success factor of sustainability is the assigning of value to social equity or Human capital. Towards achieving this an organisation must assign value to its workforce, good labour practices, workers health and safety. It must value people of its community especially its wider community and the region in which they conduct business. 2.4.2 Planet: Sustainability must recognise and promote value for assets and resources of natural system as well as their preservation and conservation. 3BL promotes the natural order as much as possible with as little harm as possible to the environment with minimum negative impact. 2.4.3 Profit: This goes beyond the internal line of an organisation. In addition to taking internal profit into account, sustainability call for a paradigm shift from looking at profit from a narrow perspective to a broader perspective. 2.5 CONCEPTUAL FRAMEWORK FOR SUSTAINABLE PUBLIC PROCUREMENT Ravitch and Riggan (2017) stated that conceptual framework is an argument for the study and the argument is in two parts. First the argument establishes the importance of and the intended audience for the study. Second, the argument demonstrate alignment among research question, data collection and data analysis as well as the use of rigorous procedures to conduct the study. 2.5.1 Economic The term economic in this case does not just mean the initial purchase price but also means efficient procurement including usage cost such as electricity and water consumption, maintenance expenditures and disposal costs at the end of its life (Hyacint, et al. 2017). 2.5.2 Social This is another important pillar of Sustainable Procurement. SAP (2019) identified social factor to include human and work place rights such as; respect for human and workplace rights across the all aspects of the supply chain, focus on diversity and inclusion and elimination of forced labour and wage discrimination, ethical work place practices including health and safety and social advancement for all members of the communities in which the organisation operates 2.5.3 Environmental Environmental factor covers reducing the environmental impact of products, works and services, e.g., impacts on health and wellbeing, air quality generation and disposal of hazardous materials, and minimising the use of resources, reducing, recycling and reusing throughout the supply chain (ISEAL, 2017). 2.6 WHY SUSTAINABLE PROCUREMENT MATTERS Delvecchio (2019) identify these three major reasons why organisation must focus on Sustainable Public Procurement: a) Risk Reduction -Procurement as process comes with risk. Some risk such as using child labour or contributing heavily to local pollution could lead to reputational damages and eroding the brand or public image of an organisation. Sustainable procurement disruption is also associated with economic cost such as noncompliance with industry environmental regulation. b) Cost Reduction - One of the cardinal objective of Procurement which is value for money can only be realised if procurement cut and keep cost down. c) Revenue Growth - SPP is mainly focused on giving back to the society through it proactive environmental and social components. d) Leading by Example - Government policies and practice send important signal to people about public priorities while unfavourable or inconsistent policy signals can undermine the best efforts of Government to motivate sustainable consumption. 2.7 SUSTAINABLE PROCUREMENT BENEFITS, BARRIERS AND DRIVERS A review of literature on sustainable procurement indicated that the effective implementation of sustainable procurement framework can help an organisation to reduce waste, cut cost, adopt Total Cost of Ownership/whole life Costing/Life cycle Costing, aggregate demand to secure best value for money, better manage its stakeholders, reduce time scale, improve margin, increase sales, brand improvement and enhance its corporate image. 2.8 SUSTAINABLE PUBLIC PROCUREMENT FRAMEWORK Despite the awareness and effort being made by various Ministries, Departments and Agencies (MDA’S) of the Federal Government toward the full implementation of the PPA 2007 under the supervision and regulatory authority of the Bureau for Public Procurement (BPP) various obstacles and challenges still exits that are making the realisation of the overarching objectives of PPA 2007 a herculean task. Many stakeholders have called for the immediate constituting and inauguration of the National Council on Public Procurement in line with sections 1and 2 of PPA 2007 as a matter of urgency (Onyema,2011; Ifejika, 2019; Nwogwugwu and Adebayo; 2015 CSJ, 2009). It is expected that the inauguration of the NCPP will herald a new dawn in the way public procurement process is being implemented and regulated in Nigeria. In many other countries in Europe, with similar laws like Nigeria, traditional procurement laws and frameworks has been reconfigured and amended to accommodate sustainability policy as a vehicle for national development. Karunasena and Gunawardhana (2015) noted that SPP has been used to address the gaps and failures of the Public procurement processes in developed Countries. The Sustainable Procurement Framework developed by the National Task Force on Sustainable Procurement has been a focus and subject of many researches on Sustainable Procurement Frameworks (Abduh, et al.,2019). The DEFRA (2011) Sustainable Public Procurement framework from one public sector agency to another. faces different kinds of influences, challenges, competing procurement objective. Walker and Brammer (2007) noted that in local governments there is pressure to support local business and communities; in health overriding concern is with choosing products and services that are best for patience care and are preferred by clinicians, some areas will not lend themselves to sustainability. UNEP (2017) 2.9 THEORETICAL FRAMEWORK Hughes et al. (2019) noted that the meaning and operationalizations of theoretical and conceptual frameworks largely remain unclear in the minds of many (post) graduate students. In a sense, there is some element of mystique’ associated with these terms, as well as how they should be actualised from the point of view of in the words of (post) graduate students who struggle to develop appropriate Theoretical or Conceptual framework for their studies’. Green (2014) highlighted that if the apparent mysticism of theoretical and conceptual frameworks is to be debunked, then they need to be included as a significant sections in the publication. Green Further observed that novice researchers needs to know that frameworks and models are there to help them and not just another hurdle to be overcome’. Hughes, et al. (2019) further noted that without theoretical and conceptual frameworks, the research or study will not have a proper direction. Bello and Ufua (2018), also highlighted that ‘in every research one is expected to present a theoretical framework. In scholarly research. Theoretical and conceptual frameworks has emerged as a well-established research tradition of conducting literature review at the critical phase of research problem formulation 2.9.1 Resource Based View (RBV) RBV view suggest that competitive advantage can be gained through unique sustainability-related competencies in their supply chains, which reflects a classic view of business performance and power (Tubulin and Walker,2015). Dicksen (1996) noted that RBV takes an ‘inside-out’ view or firmspecific perspective on why organisation succeed or fail in the market place. Pullman et al. (2007) noted that RBV has been successfully used to connect different business practices to a firm competitive advantage. Madhani (2010) noted that resources that cannot be easily transferred or purchased, that required and extended learning curve or require a major change in the organisation climate and culture, are more likely to be unique to the organisation, therefore, more difficult to imitate by the competitors. Resources that are valuable, rare, inimitable and non-substitutable (Barney,1991) make it possible for businesses to develop and maintain competitive advantages, to utilize these resources and competitive advantages for superior performance (Collis and 2.9.2 Stakeholder Theory Freeman (2010) noted that stakeholder theory holds that a company’s stakeholders include just about anyone affected by the company and its workings. This assertion is in contrast to the long held shareholder theory proposed by economist Friedman (2003) that in capitalism the only stakeholders a company should care about are its shareholders- and thus its bottom line. Gelderman et al. (2017) noted that a burning point in the discussion of sustainability is the inclusions of stakeholders and the integration of their respective demands. They further highlighted that stakeholder analysis can reveal which stakeholders can have an impact on implementation and success of sustainability. Tubulin and Walker (2015) noted that stakeholder is utilised to capture the intertwinement of multiple actors within the supply chain, which often straddle national boundaries. Stakeholders theory attempts to articulate a fundamental question in a systematic way: which group are more important for a matter and therefore needs appropriate management attention, and which are not? (Mitchell, et al., 1997. 3.1 2.9.3 Institutional Theory The Qualitative design approach will be used to enable a thorough understanding of the issues that will provide adequate inputs in helping to develop a sustainable framework for the public sector in Nigeria. Designing a Qualitative research study should be a creative and stimulating process and doing it well is important preparation for a successful research which is itself (Lewis, 2003). Institutional theory examines ways in which organisation structures, norms, practices and patterns of social relationships… are connected to the broader social and cultural environment (Anagnastopolous, et al.,2010). CHAPTER THREE RESEARCH PHILOSOPHY This study will seek to develop a framework for the sustainable procurement in the Nigeria Public sector. In seeking answer to the questions and objective of this research, there is a need to consider and adopt an appropriate methodology. Consequently, an empirical format of qualitative method was adopted. Qualitative Research involves an interpretive, naturalistic approach to the world. This mean qualitative researchers study things in their natural settings, attempting to makes of, or to interpret, phenomena in terms of the meanings people bring to them to make the world visible. (Denzin and Lincoln, 2000). This method was selected as it was considered best for the realisation of the objectives of this research. Denscombe (2010) observed that qualitative data tend to be regarded as; RESEARCH METHODOLOGY 3.0 Introduction 3.2 In this chapter the research methodology for this study will be discussed. This section presents the methodology and methods that will be used to arrive at empirically adequate answers to enable the attainment of the objectives of the study and questions raised in the study. The success of any research work is closely tied to the successful application of the methodology Sample Size and Sampling Method In choosing a sampling method for informant selection, the question the researcher is interested in answering is of utmost importance. The question will decide the objectives on which the methodology will be based. The first consideration is whether to study the entire population, and if not, how efficiently. population and Huberman (1994). Their approach is structured into three steps in qualitative data analysis: Data Reduction, Data Display and Data Coding. Personal contacts and Snowballing, using professional colleagues as contacts and linkage to other professionals and experts as potential source of information will be used to harvest and analyse information on this research. Denscombe (2010) observed that with snowballing the sample emerges through a process of reference from one person to the next. This is aligned with the position of (Lewis et al., 2003) that Qualitative research use non - probability samples for selecting the population for study. 4.1ANALYSIS AND INTERPRETATION OF FINDINGS 3.3 to sample the Population Size The Breakdown of the participants in this purposive sampling techniques are as follows: 1. Procurement Professionals from Local and International Development Partners-3 2. Public Sector Procurement Practitioners at the Directorate Level- 2 3. Procurement Experts from the Academics-2 4. Bureau for Public Procurement at the Directorate level -3 5. Procurement Consultant -1 6. Local Contractors operating within the Public Sector-2 The data obtained from primary sources will now be analysed and interpreted to give them meaning. Can the Nigeria Public Procurement Processes Be Strengthened And Improved With The Implementation Of Sustainable Procurement Framework? This question is imperative because a review of existing studies by some researchers: Ifejika,(2009); Nwogwugwu and Adebayo,(2015); Ekwekwuo (2009); Odili (2005); Nadi (2009) in chapter two revealed that despite the enactment of the PPA 2007 more than 13 years ago it has not been able to address many of the reasons that led to its enactment in the first place The Potential Drivers For Sustainable Public Procurement in Nigeria? The analysis of responses from all the participants revealed key factors that can drive the implementation of a Sustainable Public Procurement framework in Nigeria. The major drivers identified are significantly within the control and authority of the Government, they include: CHAPTER FOUR DATA PRESENTATION ANALYSIS AND 4.0 Introduction Data analysis and interpretation was structure along the approach used by Miles a. Compliance with National and International obligations towards the realization of the Sustainable Development Goals(SDG) - The need to achieve the global standard on sustainable Development goals has been identified by the respondents as the most critical b. c. d. e. factor that can drive the implementation of SPP framework in Nigeria. Participants agreed that Nigeria international obligations on her commitments on to deliver on the United Nation SDGs is a major driver. Legal Framework - A legal framework in form of a national legislation was identified by all the participants after the analysis of responses to this question as a major driver towards the implementation of a SPP framework in Nigeria. Strong Political Will and Long – Term Commitment- This factor was also identified as a potential driver by the participants and consider as important towards the implementation of a Sustainable Public Procurement framework in Nigeria: Further analysis of participants responses indicated that such political will and commitment from the highest level must be expected from both the executive and Legislative arms of government for to serve its desired purpose. Specifically, participants SPPFW 4/PD2 and SPPFW 5/BPP1 emphasized that commitment in form of timely and adequate funding and prompt releases of funds as critical factor to the successful implementation of a sustainable public procurement framework in Nigeria and they link this closely to the presence of a strong political mandate and support. Existing Legislations - Existing legislatures such as National Environmental Standards and Regulations Enforcement Agency (NESRA) 2007, Climate Change - Participants identified the concern and pressure to honour obligations on international treaties to protect the environment f. Economic Pressure to do more with Little ResourcesParticipants recognized that the economies around the world were struggling before the arrival of the Covid -19 Pandemic in 2019 which further worsen the economic situations of many countries including Nigeria.. g. Technology Development and Innovation: Technology and innovation which are critical elements of a digital economy was also was also identified as a potential driver for the implementation of Sustainable Public Procurement in Nigeria by majority of the participants. h. Potential Barriers To The Implementation Of A Sustainable Public Procurement Framework In Nigeria? Procurement Framework in Nigeria. Further probing and literation of these responses identified the following as perceived barriers a. Absence of an enabling regulatory framework – an analysis of the Participants responses revealed a general consensus supporting that a legislative framework is needed b. Absence of a National Sustainable Public Procurement Strategy – Participants also identified the absence of a National Sustainable Public Procurement Strategy or policy as a potential barriers.. c. Lack of the political will to implement sustainable procurement principles – Lack of political leadership has been identified by previous study to be a major reason for the identified shortcomings in the implementation of the PPA 2007. d. Corruption and Undue influence in Procurement Processes– Participants were overwhelmingly unanimous in agreeing that the successful implementation of a SPP framework require a paradigm shift from the way Public Procurement is been managed current. e. Lack of awareness, Technical Capacity and Understanding of Sustainable Public Procurement Principles –Public Procurement framework in Nigeria. Lack of training for public procurement officers f. Resistance to change – IAWG (2012) identified habits and difficulties in changing procurement behaviour as a major barrier toward entrenching sustainability in public procurement. Key Issues For Consideration Towards The Implementation Of A Sustainable Public Procurement Framework In Nigeria. a. Strong Political Support and Mandate – Sincere and visible political commitment from the President and the Executive as well as a buy-in by members of the Legislative arm was mentioned as one of the key factors to be considered. Participants agreed that such support must not be mere political statement or lips service but must be visible, actionable, and measurable. Participants expressed the desire to have the President be the champion and sponsor of the Sustainable Public Procurement implementation. b. Funding & Budgetary requirements – Participants recognised the fact that Implementing sustainability is costly and so funding and budgets must be adequate to cater for the financial demands. Such funding must be readily available and released as and when required. c. Legal framework for compliance – Participants mentioned the need for a legislative backed framework for SPP. All the participants suggested the amendment of PPA 2007 to include provision that support the adoption and implementation of SPP in Nigeria but participant SPPFW9/PP2 suggested that either PPA 2007 or NESRA 2007 can be amended to make sustainability a compulsory requirement in the public procurement process in Nigeria. d. Professionalism– All the participant supported the need to professionalise the public procurement cadre with a certification regime that is globally recognised or can meet global best standards in respect to procurement professional certification. This position is in tandem with the conclusion reached in other previous studies (Deloitte Access Economy, 2015; Enofe, et.al, 2009; UN, 2009) as well as what is globally obtainable in many countries where remarkable progress and successes have been recorded in the area of SPP (UNEP,2007;OECD, 2007). This is critical for implementing a sustainable public procurement framework for Nigeria. e. Capacity Building– Participants recognised the need to build the capacity of procurement officer and equip them with an understanding of sustainability as well as to educate the stakeholder on the need for SPP. Participants argued that the capacity and ability of suppliers, contractors, vendors and consultants to produce or supply sustainable goods and services must also be given serious consideration. f. Political and Executive Interferance - participants recognized political and executive interferance mentioned as the most damaging factors responsible for the poor or weak implementation of the PPA 2007. The factor participants agreed was the main incubator of corruption within the public procurement space in Nigeria. g. Attitudinal and Behaviorial Change Participants agreed that an attitudinal change by procurement officers and other stakeholders is crucial to the success of SPP implementation. The notion that procurement is a source of easy and quick money by some procurement officers and the belief by some contractors, suppliers, vendors and consultants that they can circumvent the provision of the PPA 2007 to get contracts that they are not qualified to get was mentioned by some participants as a major concern. h. Technology and Innovation – Participants agreed that technology can be used to drive efficiency, eliminate corruption, cost reduction, reduce lead time, foster competition, enable transparency and accountability in the public procurement process. They also call for the introduction of eProcurement to cut waste and eliminate corruption from the public procurement process. Participants in unison agreed than the Nigeria Public Procurement processes can benefit from these three enablers of Sustainable Public Procurement. e-Procurement is the integration of digital technologies to replace and re-design paper based procedures in public procurement (OECD,2017).Participant agreed that the development and implementation of an eProcurement platform for the public procurement will bring accountability, governance, end – to - end visibility and transparency into the public procurement processes thereby eliminating corruption, paper based operation that are susceptible to abuses, frauds, bureaucratic bottlenecks and undue interference and intervention by both the politicians, executives and other stakeholders. OECD (2017) noted that the use of digital technology is a driver of efficiency and supports effective implementation and monitoring of policies by enabling more open, innovative trustworthy government. In particular eProcurement enables cost and time savings through automation and standardization of the procurement process and improves transparency and accountability of the public procurement systems. This position of OECD aligns strongly with that of all the participants. Can Public Procurement in Nigeria Benefits From E-Procurement, Whole Life Cycle Costing And Needs Aggregation? F 4.2 PROPOSED FRAMEWORK FOR SPP IMPLEMENTATION IN NIGERIA PUBLIC SECTOR Figure 4.1 Sustainable Public Procurement (SPP) Framework be done with the goal of strengthening the current PPA 2007 to consider in addition to economic factors, social and environmental factors in every public procurement decision. Such an amendment must be championed and supported from the top at the Presidential level. The Bureau for Public Procurement (BPP) through the National Council on Public Procurement public should be empowered by the law to issue appropriate guidelines to the need to consider the potential environmental and social impact risks, promote the use of alternative such as reuse, recycling, or outright hire of goods and services for public utilization. The act should also grant BPP powers to conduct research in collaboration with relevant research institutions on sustainable alternatives that will reduce environmental and social impact on the goods, services and works procured for Nigerians. Step 2: Set up a Sustainable Public Procurement Working Group Adapted from: United Nation Environment Programme (2011). ‘Buying for a better World: A Guide for Sustainable Procurement for the UN System The findings of this research is intended to help develop a SPP framework for implementation in the Nigeria public sector. The propose SPP framework can be adapted by the other developing countries by considering the peculiarity of their procurement situations. In Nigeria currently there is no such framework to drive the implementation and adoption of a framework for SPP. However, the PPA 2007 can be amended to make provisions for the adequate and full adoption of SPP practices in the public procurement process in Nigeria. The amendments should There is need to set up cross Ministerial, Departmental and Agencies working group. This working group should have representation from the BPP, Office of the SDG, s in the Presidency, Federal Ministry of Environment and Federal Ministry of Communication and Digital Economy and relevant Government funded research institutions. Step 3: Assess Sustainability Risks in Procurement and Prioritize Spend areas This Risk based prioritization step should be initiated as a pilot scheme starting with MDA’s identified with a high spend. It should then progress in phase. This was also the view of participant SPPFW9/PP2 who suggested a gradual SPP framework implementation by starting with agencies that have made much improvement in their public procurement process and those with a large spend, before scaling it up gradually to other agencies with weak procurement processes and low spend. This also align with the position of Ban Ki Moon (2012) that SPP should be applied in phases, adopting a step – by – step approach through small incremental steps, at a pace determined by degree of the maturity of the supply market, the development of a policy framework, staff training and by the degree of the readiness of the organization to achieve sustainability. Step 4: Develop a National Sustainable Public Procurement Strategic Action Plan There is need for a National Action plan on SPP. Without such a strategic action plan implementation of SPP framework will be uncoordinated and largely based on individual MDA effort. The absence of a strategic action plan was identified from literature reviews and analysis of participants contributions as a barrier towards implementing SPP in Nigeria. Mark Hidson noted that one of the new trends is looking at sustainable public procurement more strategically and embedding it more into governments’ policies and, most importantly action plans (UNEP, 2017). The Bureau for Public Procurement should be the driver of such a strategy. public procurement decisions. Step 5: Set Targets In setting SPP target caution must be exercised to ensure that the target are actionable, feasible and realisable. Targets may be connected to achievement of organisational objectives such as achieving carbon neutrality or reducing waste. SPP targets might be related to specific objectives through the procurement process such as number of tenders containing sustainable specifications, value of tenders containing sustainable specifications, number of products containing recycled content, the MDA general contract terms and conditions including ‘labour clause’ Other targets relating to SPP include energy efficiency,(through purchase of energy efficient IT equipment lighting etc.),reduced hazardous material content and reduced packaging. SPP target can also be qualitative, for example the number of staff and suppliers trained on SPP. Step 6: Implement a Sustainable Public Procurement Action Plan and Measure Performance SPP action plan will assist in assigning roles and responsibilities. It will serve as a road map enumerating what to be achieved, by when and will assign responsibilities to the appropriate persons. The SPP action plan must be articulated to capture the national needs and also reinforce the National Sustainable Public Procurement Strategic action plans objectives. The SPP action plan will: Provide clear practical steps on how SPP will be delivered Provide timescales within which SPP will be delivered Assign responsibility to individuals and groups within MDAs Identify SPP objectives and targets Provide information on measurement monitoring and auditing of performance over a set timeframe (i.e., period covered by the action plan). The SPP action plan should make reference to the high-level commitment secured earlier. By so doing both internal and external stakeholders commitment and buy- in for the SPP action plan will be stronger. Both the Stakeholder theory and Institutional theory will serve as useful tools for managing the various stakeholders expectations and concerns in the implementation of SPP framework and in also strengthening the relevant MDA’s that will be selected for pilot study in rolling out the framework. CHAPTER FIVE SUMMARY, CONCLUSION RECOMMENDATION AND 5.0 INTRODUCTION Chapter five is the presentation of the summary, conclusion and recommendation(s) if any from the analysis of the responses from the participants. 5.1 SUMMARY The overarching objective of the Nigeria public procurements process which is regulated by the PPA 2007 is to achieve economy, competition, transparency efficiency as stipulated in the section 16 sub sections 1(c) to 1 (g) of the PPA 2007. However, a review of some studies on the Nigeria public procurement process indicated that despite the enactment of the PPA 2007 some of the objectives of enacting the act thirteen years ago have not been realised especially as it concern nepotism, undue interference and corruption (Ifejika, 2019; Nadi ,2009; Nwogwugwu and Adebayo; 2015 CSJ, 2009). All the participants that participated in this study agreed that corruption and undue interferance has not been totally eliminated from the public procurement process in Nigeria. Many of the respondents attribute this to poor or weak implementation of the provisions of PPA 2007 especially when it comes to applying punitive sanctions to violators in line with the provisions section 58 of the PPA 2007. Participants further submitted that Sustainable procurement addons like eProcurement and Whole life cycle costing are critical in enhancing the public procurement process to make it value for money driven, competitive, credible, transparent and accountable. The researcher reviewed some previous studies on SPP and also secure the participation of engage 13 respondents who are experts and professionals in the subject matter in a very robust and deep probing semi-structured interviews to hear their thoughts and acquire information that can be used to develop a framework on Sustainable Public Procurement for the Nigeria public sector. 5.2 RECOMMENDATIONS Findings revealed that there is a strong consensus among participants that there is much to be done to the Nigeria public procurement process in order for it to measure up to global best practices in public procurement. A CIPS (2019) reports noted that the social, political and economic environment in which firms are operating remains challenging, which has been compounded by the Covid-19 global pandemic. Participants agreed that the successful implementation of this SPP framework stand a better chance of success if the following issues are addressed quickly: Professionalization of the Public Procurement cadre. Globally today, professionals are not seen as buyers but as enablers, business partners, and strategic leaders who understand business needs are core to the success of their organization, and who are aligned to social responsibility and ethical agenda (CIPS,2019). The importance of having a professional procurement team was strongly highlighted in a global review of SPP by UNEP (2017) when the world body stated that ‘having a professional team is a precondition…’ for the adoption of SPP as revealed by it survey of some selected countries globally that have adopted SPP practices. This condition is not currently obtainable in the Nigeria public procurement system. Professional qualification and certification are not prerequisite requirements for admittance into the public procurement cadre in Nigeria. There is this notion that procurement is the easiest and quickest way for a public servant to acquire illicit wealth. This disturbing notion is further giving credence by the behaviour and disposition of some public procurement officer who live above their means of income, usually these officers lobby to be posted to MDA’s they consider juicy. Many civil servants come into public procurement believing it is their route to accelerated wealth. Other civil servants outside the public procurement cadre resorts to lobbying and begging to be posted to the Procurement departments in their various public sector organizations. The orientation of majority of those in the public procurement cadre need to drastically transform if SPP implementation in Nigeria must succeed. There is a need to discard the current recruitment and certification program of Bureau for Public Procurement. The 3 to 4 weeks training and certification program of the Bureau for Public Procurement is doing more harm than good in creating a world class procurement system for Nigeria. The training is one of the factor that is responsible for the continued presence of corruption in the public procurement process and a barrier against the drive by Government to achieve the laudable objectives of the PPA 2007. The level and depth of corruption in the public procurement process was highlighted in 2009 in a statement credited to a former Minister of Justice who claimed that over 80 percent of corruption activities perpetuated in the public sector through is the public procurement processes. The endemic corruption within the Public Procurement reported by several studies (Ifejika, 2019; Nadi ,2009; Nwogwugwu and Adebayo; 2015 CSJ, 2009) is directly as result of the engagement of Public officers who are not certified as Professionals as Public Procurement officers (De – Boer and Telgen,1998). Having an academic qualification does not make one a professional in a given field (Raymond,2008). The Public Procurement officer must be certified by a reputable certification authority whose standard can meet those of similar awarding bodies internationally. Professionals that are certified through such a body are guided by the code of ethic and conduct of such professional with sanctions that might lead to expulsion or loss of practicing license being applied to those that fall short these set down codes (Hui, et al.,2011; Rossi,2010). Professional ethics are guidelines or best practice that embody ideal and responsibilities that inform practitioners as to the principles and conducts they should adopt in certain situations (Lyson and Gillingham, 2006). To address the issue of professionalism in the Nigeria public procurement process and create a world class procurement process manned by truly certified professionals, the researcher wish to suggest as follows: Only individuals with a recognised professional certification that meets international standards and accreditations should be recruited into the Public procurement cadre in Nigeria. Those currently in the cadre should be given three years to earn a certification that is recognised globally by international Development partners such as UNOPS, UNEP, OECD, World Bank etc. The training cost should be fully reimbursed back to the officer on the presentation of the certificate after three years. Public Procurement officers should be made to declare their assets annually, they should be made to sign a bond of waiver to be prosecuted if they violate any section of the PPA 2007. They should also be made to present person of reputable character and standing in the society to stand as their guarantor in writing in case of misdemeanour. These class of public servants should be placed on very attractive salary band different from those in other areas. This will help and attract and retain professional into the cadre. Those officers in the pool should rotated impromptu without any advance notice. Those whose records indicates have been rotating between perceived juicy MDA, s over the years the must be identified and promptly removed from the pool permanently. Public Procurement officers found guilty of corruption charges should be arraigned in court and given a fair and speedy trial. Such officers on convictions should be named and shamed with their names published on the National Tenders Journal and two major National Newspaper as it is usually done during advertisement for request for Quotations or Bids Funding- Funding either poor or irregular has been is identified as a major challenge in the implementation of similar government initiatives in the past. Technology- Holt (2019) highlighted that any procurement transformation project powered by intelligent technology will need to be comprehensive, easy to adapt, and scalable. A CIPS (2019) survey noted that the digital revolution is placing more complex demands on procurement and supply chain management. 5.3 CONCLUSION The development of a framework for Sustainable Public Procurement for the Nigeria public Sector will be in line with global trends and will help in improving the public procurement process to meet global best in class standards by opening up the procurement process to public scrutiny, transparency, competition, accountability, fairness and best value for money as stipulate under section 16 of PPA 2007’ (UNEP, 2012). Singh et al. (2012) highlighted that: Through following a Sustainable Public Procurement agenda, ‘governments are able to shape and steer market in a number of concrete ways. The first and most obvious way is the absolute size of their demands for products and services and the associated impact this has on supply. Secondly, public procurer have an impact on the market through their ability to show leadership and thus encourage economic operators to follow their example – the so called ‘crowd – in’ effect. Lastly, public procurers are well place to work with their suppliers to encourage research and development and promotes new technology and products. Government are able to act as incubators, of innovations, promoting newer products and reducing their costs. Public Procurement wields enormous purchasing powers accounting for an average of 12 percent Gross Domestic Product (GDP) in OECD countries, and up to 30 percent in many developing countries (UNEP 2017). This submission has made it imperative for government to lead the drive for SPP agenda. Brammer and Walker (2011) observed that leadership is a significant factor in Sustainable procurement being implemented by public sector organisations. Ligia Noronha, Director of Economy Division, UN Environment noted in his forwarding notes on Global Review of Sustainable Public Procurement (UNEP) 2017 that ‘Sustainable Public Procurement has reached a turning point as its relevance as a strategic tool to drive sustainability and transform markets is no longer questioned’. This research findings revealed that: Nigeria Public Procurement processes can be strengthened and improved with the implementation of sustainable procurement framework. Public Procurement in Nigeria can benefit from eProcurement, Whole Life Cycle Cost and Needs Aggregation. The new normal in procurement globally is the drive by public sector organizations to procure goods, services and works sustainably to reduce social and environmental footprints There is a dearth of research on SPP in Africa and many developing countries. It should be pointed out that the results of this research only relate to contributions from limited number of participants that drawn from Nigeria, the findings are pertinent to the development of a SSP framework for Nigeria and other developing countries with similar public procurement law implementation and challenges. The participants size might result to different findings if a larger size of participants were involved and if the public procurement process better developed and devoid of political and executive interferance, compared to the public procurement process in Nigeria. Also, considerations of social and environmental factors in public procurement process in Nigeria is absent, therefore the findings might be difference when juxtaposed with a developing country that factors in social and environmental requirement in making public procurement decisions. 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