TISL challenges procurement guidelines and procurement manual in SC

Transparency International Sri Lanka (TISL) has filed a Fundamental Rights Petition (SCFR/22/2025) in the Supreme Court on Friday, 31st January 2025, challenging the Procurement Guidelines and Procurement Manual (2024) issued by the National Procurement Commission (NPC). 

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, a statement from the anti- corruption body said. 

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. 

TISL is seeking 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.