TISL challenges Procurement Guidelines and Manual 2024 in Supreme Court

Friday, 7 February 2025 00:02 - - {{hitsCtrl.values.hits}}

Transparency International Sri Lanka (TISL) has filed a Fundamental Rights Petition (SCFR/22/2025) in the Supreme Court, challenging the Procurement Guidelines and Procurement Manual (2024) issued by the National Procurement Commission (NPC).

It said this public interest petition raises concerns about the lack of transparency in the new guidelines, which do not adequately promote openness in procurement processes.

It also highlights the unregulated nature of unsolicited proposals, leading to potential unfair awarding of contracts, and points out deviations from international best practices, as the guidelines are not aligned with globally accepted procurement standards.

TISL argues that the NPC’s failure to implement strong safeguards against unsolicited proposals and to regulate their acceptance infringes upon fundamental rights under Articles 12(1) and 14(1)(g) of the Constitution.

Key concerns raised in the petition:

Weak procurement guidelines may lead to corruption, misallocation of public funds, and favouritism in state contracts
Allowing unsolicited proposals without proper oversight undermines fair competition by bypassing competitive bidding
Permitting deviations from standard procedures in urgent situations, without clear definitions and oversight, opens avenues for abuse
The absence of a centralised electronic system diminishes transparency and accountability in Government spending
Raising the threshold for mandatory publication of contract awards from Rs. 250 million to Rs. 750 million limits public oversight of State procurement
Granting broad decision-making powers to procuring entities without sufficient oversight undermines transparency
Not requiring Ministers to issue written instructions allows for verbal directives, which can lead to abuse and lack of accountability
The guidelines do not ensure adequate public involvement and oversight, restricting citizens’ ability to hold the Government accountable and access timely information

TISL seeks a Court directive for the NPC or the State to establish effective safeguards concerning unsolicited proposals. The NPC, constitutionally mandated to uphold accountability in public procurement, must strengthen these guidelines to prevent corruption. Weaknesses in the procurement process can be exploited, undermining fairness, accountability, and transparency, leading to abuse of power and misuse of public funds.

As an advocate for good governance and anti-corruption, TISL urges the Government to move away from closed-door policy formulation. It calls for an open and participatory process in developing and implementing procurement guidelines to protect public interest, trust, and democratic governance.