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them to the candidates concerned for review and agreement. If a candidate 
does not accept the correction, the proposal shall be rejected; 
 
(b) That the financial strength of the firm and its working capital are adequate to 
carry out the assignment. To compare the cost of the proposals, corrected as 
the case may be, the costs shall be converted into Naira at the medium 
exchange rate quoted by the Central Bank of Nigeria at the date indicated in 
the Specific Instructions of the SBD; 
 
(c) That the consultants’ proposed payment terms, required mobilization fee, and 
other terms agree to the draft Special Conditions of Contract which is attached 
to the SBD. 
 
 
101.  Local Taxes. 
Financial proposals shall generally consist of two components:  
    (a) the consultants’ fees, and


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Financial proposals shall generally consist of two components:  
    (a) the consultants’ fees, and  
 (b) its reimbursable expenses such as travel, office renting and supplies, 
translation, report printing, and secretarial services. Where the SBD requires 
that the Consultants separately identify any foreign or local taxes (indirect and 
direct) and customs duties on imported equipment and supplies, these costs 
shall not be considered in the financial evaluation because they are difficult to 
specify, may be different from consultant to consultant, and would, therefore, 
distort the comparability of the proposals.


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102.  Financial proposals to cover technical proposals. 
(1) The committee shall verify that the financial proposal covers all elements of 
the technical proposal (in particular the staff time needed to bring the 
assignment to a successful completion) particularly to ensure that the 
financial proposal adequately reflects the technical commitments and output 
of the consultant.  
(2) If some technical inputs are not costed or the staff time needed to carry out 
the assignment is underestimated to favor the proposal’s financial rating, the 
committee shall adjust the cost of the proposal, using the cost elements of the 
proposal concerned or an average cost of the same elements of other 
proposals. Such adjustments, as well as any arithmetical corrections, shall be


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proposals. Such adjustments, as well as any arithmetical corrections, shall be 
explained in the committee’s financial evaluation report. If train ing and 
transfer of technology are included in the TOR, the committee shall verify if 
sufficient funds have been budgeted in the proposals. 
 
103.  The margin of preference for domestic consultants 
 Financial Scores and Ranking. 
(1) If a shortlist consists of domestic and international consultants, a Procuring 
Entity may apply a margin of preference to the financial proposal of a 
domestic consultant per BPP Regulations, provided the allowance for such 
margin of preference was indicated in the SBD. 
(2) The lowest ev aluated financial proposal is given a score of 100 and the


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(2) The lowest ev aluated financial proposal is given a score of 100 and the 
scores of the other proposals are calculated by dividing the lowest cost 
proposal by the price of the respective other proposals, as follows: Sf = 100 
x Fm/F, in which Sf is the financial score, Fm is the lowest price and F the 
price of the proposal under consideration. The evaluation committee 
finalizes its ranking of the candidates’ financial proposals accordingly and 
describes its financial evaluation procedure in its Financial Evaluation 
Report.  
 
Section 49(2), 
PPA, 2007 
104.  Combined Technical and Financial Evaluation Report 
Based on the technical and financial evaluation reports, the evaluation committee 
shall determine the best -ranking candidate by applying the weights attributed to


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shall determine the best -ranking candidate by applying the weights attributed to 
price versus quality as follows: In the case of QCBS, the lowest Financial 
Proposal (Fm) will be given a financial score (Sf) of 100 points.  The financial 
scores (Sf) of the other Financial Proposals will be computed as indicated above.  
Proposals will be ranked according to their combined technical (St) and financial 
(Sf) scores using the weights (T = the weight given to the Technical Proposal; P 
= the weight given to the Financial Proposal; T + P = 1) indicated in the Specific 
Instructions:   
 
 S = St X T% + Sf X P% 
Section 51 (6) 
(vii), (viii), 
PPA, 2007 
 
105.  Negotiations. 
(1) It then prepares a Combined Technical and Financial Evaluation Report,


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PPA, 2007 
 
105.  Negotiations. 
(1) It then prepares a Combined Technical and Financial Evaluation Report, 
recommending the consultant with the highest combined technical and 
financial score for the invitation to contract negotiations.  
 
(2) The negotiating team appointed by the Procuring Entity shall formulate the 
technical and financial issues to be discussed at negotiations.  
 
(3) The purpose of negotiations regarding technical matters shall be:


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(a) to formulate and finalize the Terms of Reference into the scope of 
services to be carried out under the assignment; 
(b) to agree on the methodology and work plan; 
(c) agree to mobilization arrangements and reporting deadlines; 
(d) confirm the availability of key staff and  make adjustments regarding 
deliverables and staff time as may be necessary; Provided the selected  
firm shall not be allowed to substitute proposed key staff at the time of 
negotiations (or at contract award) unless this is unavoidable due to 
delay in the selection procedure and a resulting extension of the proposal 
validity period.  
 
106.  (1) If it turns out at negotiations that any key staff proposed is no longer 
available, the Procuring Entity may disqualify the consultant. However, if


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available, the Procuring Entity may disqualify the consultant. However, if 
an agreement can be reached on replacing key staff, their qualifications and 
experience shall be the same or better than  for the key staff originally 
proposed. 
(2) The final TOR and the agreed methodology shall be incorporated in  the 
“Description of Services”, which shall form part of the contract. 
(3) The purpose of negotiations regarding financial matters shall be to agree: 
 
(a) on general payment terms; 
(b) payments to be made in foreign and local currency;  
(c) mobilization payments and bank guarantee structure and tenor;  
(d) taxes (especially a clarification of the consultant’s local tax liability, if 
any); 
(e) price adjustment formulas, if appl icable, and other elements of the


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any); 
(e) price adjustment formulas, if appl icable, and other elements of the 
Special Conditions of Contract; 
(f) The Procuring Entity’s contribution of available documentation and 
studies, office space, and counterpart staff time and their 
responsibilities, shall also be discussed. However, the TOR, th e terms 
of the contract based on which the selection process was initiated, and 
the proposal evaluated shall not be substantially altered. Unit prices, 
based on which the financial proposal was ranked, shall not be 
negotiated.  
 
107.  Unsuccessful Negotiations. 
 
(1) If negotiations are unsuccessful, the Procuring entity shall invite the next 
best-ranking candidate for negotiations and this procedure continues until


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best-ranking candidate for negotiations and this procedure continues until 
the negotiation stage is successfully concluded. Once negotiations with the 
next candidate begin, the  Procuring Entity shall not reopen negotiations 
with the former candidate. 
(2) After successful completion of negotiations, but subject to “ No Objection” 
by the BPP, where necessary, the Procuring Entity shall promptly proceed 
with the award of the contract to  the successful candidate by sending it a 
‘Notice of Acceptance’ and inviting it for contract signature. This procedure 
must be concluded within the period of proposal validity or the extended 
proposal validity. The Procuring Entity shall also notify the other shortlisted 
candidates who passed the technical minimum mark that they were


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B. Evaluation Procedure for the 
Quality-Based Selection (QBS). 
 
108.  Use of the QBS 
The Procuring Entity shall apply the QBS method when: 
 
(a) the high degree of the technical quality of an assignment is of overriding 
importance because of its high supplementary impact on the successful 
outcome of the project and made the main focus of the competition;  
(b) the scope of the assignment is difficult to determine and requires 
innovation, or; 
(c) different technical approaches are possible making price comparison 
difficult. In all these cases, the price is of secondary importance and is 
usually negotiated with the best-ranking technical candidate. Examples 
are the construction of a large dam or a building with special


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are the construction of a large dam or a building with special 
architectural requirements, consultant's assistance for th e privatization 
of complex public assets (petrochemical industries, utilities), or 
management advice where the outcome is of critical importance for the 
success of the public sector efficiency (major institutional reforms). 
Section 52(1), 
PPA, 2007 
109.  Conduct of QBS 
(1) The Procuring Entity may choose either of the following procedures to 
conduct Quality Based Selections: 
 
(a) The SBD invites technical proposals only and invites a financial 
proposal from the candidate with the best -ranking technical proposal. 
After evaluation of the financial proposal, it invites the candidate for 
contract negotiations; or


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After evaluation of the financial proposal, it invites the candidate for 
contract negotiations; or  
(b) The SBD invites technical and financial proposals in separate envelopes 
at the same time, but only opens the financial proposal of the best -
ranking technical  candidate, which it then negotiates to conclude a 
contract. If negotiations are unsuccessful, the financial proposal of the 
next best-ranking candidate is opened and negotiated, and so on till a 
satisfactory contract is concluded. The remaining financial proposals 
should be kept sealed in a safe box and returned unopened to the 
unsuccessful candidates. 
(2) The SBD preparation and the evaluation and selection procedures are 
otherwise the same as for QCBS. 
 
Section 52(2), 
PPA, 2007


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otherwise the same as for QCBS. 
 
Section 52(2), 
PPA, 2007 
 C. Evaluation Procedure for the Least  
Cost Selection (LCS)


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110.  Least Cost Selection (LCS). 
A Procuring Entity may apply the Least -Cost Selection method for smaller (less 
than x25 million) assignments, or assignments of a standard and routine nature 
with we ll-established practices, where TOR can be easily defined, such as 
standard financial audits and simple engineering. The procedure is based on the 
comparability of technical proposals and the least cost. When applying this 
method, the Procuring Entity shal l issue the SBD and evaluate technical and 
financial proposals as under QCBS. This method does not include weighting 
quality versus price. Following technical evaluation, the Procuring Entity shall 
retain only those firms that obtained the minimum technical score. As for QCBS,


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retain only those firms that obtained the minimum technical score. As for QCBS, 
the Procuring Entity shall proceed to public opening and evaluation of the 
financial proposals of those candidates who scored the minimum technical score 
only. Following financial evaluation, the candidate with the lowest evaluated 
financial proposal is invited for negotiations. If an agreement is not reached, the 
candidate whose financial proposal is ranked second lowest shall, in turn, be 
invited to negotiate and so on, until a satisfactory agreement is reached with the 
next best-ranked candidate. 
 
 
 D. Fixed Budget Selection (FBS) 
 
 
111.  A Procuring Entity may apply the Fixed Budget Selection procedure for simple 
assignments where TOR and staff input can be precisely defined, and where the


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assignments where TOR and staff input can be precisely defined, and where the 
cost cannot exceed a fixed budget amount. The SBD shall state the fixed amount 
in the Specific Instructions. Candidates shall be requested to provide their best 
technical and financial proposals in separate envelopes, as under QCBS, with cost 
figures that shall not exceed the budgetary limit. For this  purpose, the Procuring 
Entity shall prepare the TOR carefully and make a detailed internal cost estimate, 
to ensure that the budget is sufficient to carry out the requested assignment. The 
Procuring Entity shall proceed with the opening and evaluation of the technical 
proposals as under QCBS. At the public opening of the financial proposals of the


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proposals as under QCBS. At the public opening of the financial proposals of the 
technically qualified candidates, the financial proposals shall be read out aloud 
and the proposals that exceed the budgetary limit shall not be further evaluate d. 
The Procuring Entity shall select the candidate who has submitted the highest -
ranked technical proposal within the budget limit for contract negotiations, award, 
and signature subject to any necessary BPP certification. 
 
 
 E. Consultants Qualifications Selection (CQS)  
112.  Consultants Qualifications Selection (CQS) 
(1) A Procuring Entity may apply the CQS method for small (few less than x25 
million) and unique assignments, mostly with a short duration;  
 
(a) when a comprehensive selection procedure is not justified;


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(a) when a comprehensive selection procedure is not justified;  
(b) when the time and cost of examining and evaluating a large number of 
proposals are disproportionate to the value of the services requested;  
(c) when a firm’s specialty meets the unique criteria for a  particular 
assignment for which there are few specialist firms available, and  
(d) when it is in the interest of national defence and security.  
 
(2) Under the CQS method, the Procuring Entity shall first prepare the TOR. 
Next, the Procuring Entity shall advertise to request expressions of interest. 
Section 52(1), 
PPA, 2007


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The request shall indicate the main elements of the assignment taken from 
the TOR and ask for information on the consultants’ qualifications, 
experience, and proven competence in the area of the assignment. After 
review of the expressions of interest and information received, the 
Procuring Entity shall select the most suitable candidate and request it to 
submit a combined technical-financial proposal based on a simplified SBD 
including detailed TOR. An evaluation commit tee of the Procuring Entity 
shall evaluate the technical and financial proposal, make its 
recommendations for contract negotiations, and submit them to the 
designated approving authority. Once approval is obtained, the Procuring 
Entity shall proceed to negotiations and contract signature.


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Entity shall proceed to negotiations and contract signature. 
 
 F. Single Source Selection  
(Direct Contracting) – (SSS) 
 
113.  (1) A Procuring Entity may with the express written approval of the BPP, 
request a single firm to prepare technical and financial proposals based on 
a simplified SBD with detailed TOR, and, following BPP certification 
negotiate a contract. Since direct contracting does not have the benefits of 
competition and comparative analysis, the Procuring Entity shall take all 
cautionary measures to ensure that the principles of economy, efficiency, 
and transparency are respected.  
(2) The following circumstances may warrant single source selection: 
 
(a) Emergencies arising from natural disasters or a financial crisis or


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(a) Emergencies arising from natural disasters or a financial crisis or 
other sudden unpredictable events of national consequence 
requiring immediate expert advice. However, sudden 
requirements for expertise that are caused by a lack of, or 
inadequate procurement planning shall not be justified as 
emergencies. 
(b)  Small value, i. e. less than N1.0m; 
(c) the advice of a proprietary nature where a sole firm has the only 
expertise; 
(d) continuity of similar services, where the original contract was 
awarded competitively following shortlisting, e.g., for 
assignments of “downstream work”, such as detailed engineering 
after the feasibility study, or supervision of implementation after 
detailed engineering. However, if the initial SBD, including the


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detailed engineering. However, if the initial SBD, including the 
selection procedure, and the contract did not provide for possible 
downstream work, a normal competitive selection procedure shall 
be followed for the downstream activity, whereby the incumbent 
consulting firm may be included in the shortlist, provided it 
completed its upstream work satisfactorily and expresses interest; 
(e) It is in the interest of national defence and security.  
 
Section 47 (3) 
(iii), PPA, 
2007 
 
114.  The following special types of consultants may be needed for particular 
assignments. Their use is identified during project preparation or as a result of a 
federal development policy program, or programs associated with national or 
international development organizations or activities.


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A Procuring Entity may decide to us e the services of Financial Institutions 
(Investment Banks, Commercial Banks, Financial Management Firms, or 
Transaction Advisers) for advice in the commercialization or privatization of 
public assets or assistance in the privatization and or PPP process itself. Selection 
shall be by the QCBS method. Selection criteria may include experience in similar 
assignments, having a network of potential purchasers, or past results in assets 
sold. When the assignment is for advice only, the selection shall be based o n the 
normal comparison of quality and cost (“retainer fee” and reimbursable 
expenditures). If, in addition, the assignment includes procurement of core 
investor in a privatization and or PPP, the SBD, and the selection procedure may


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investor in a privatization and or PPP, the SBD, and the selection procedure may 
be based entirely on or include a “success fee” proposed by competing consultants 
based on their estimate of the likely sale value of the assets, described in the SBD. 
Under this alternative, if the consultant passes the minimum qualifying technical 
mark, the success fee may be the only price element of competition, while the fee 
and the reimbursable cost are fixed amounts. Pre-proposal visits to the site (with 
minutes signed by participants) may be required to provide sufficient information 
to competing consultants to obtain re sponsive proposals and avoid ambiguities 
during the evaluation procedure. 
 
115.  Use of Procurement Agents.


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during the evaluation procedure. 
 
115.  Use of Procurement Agents. 
For complex project activities, where the Procuring Entity lacks the necessary 
procurement capacity, BPP may direct or the Procuring Entity on its own may 
contract a procurement agent to handle the procurement on behalf of the Procuring 
Entity. For the selection, the Procuring Entity shall follow the QCBS method. The 
contract shall provide that the procurement agent will be paid a fixed fee or a 
percentage of the contracts that will be procured. If the contract is only for 
procurement advice, payment terms may be a fixed fee or based on a “time-based” 
contract (number of staff months) with a ceiling price. Since the work is fairly 
routine, the price compe tition may be increased in the selection criteria of the


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routine, the price compe tition may be increased in the selection criteria of the 
SBD by setting the proportional weight given to the cost of the assignment and 
the technical quality of the proposal at 50 points each 
 
116.  Use of Non-Governmental Organizations (NGOs). 
 For the social  type of development projects, where the knowledge of the local 
community is paramount for the success of the project, or in cases where the 
contribution of civil society is needed, Procuring Entities may decide to use non-
governmental or non -profit organizations (NGOs). Procuring Entities shall use 
the QCBS selection method for larger assignments, but for smaller assignments, 
the CQS method may be applied. The normal procedures for advertising for


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the CQS method may be applied. The normal procedures for advertising for 
expressions of interest and shortlisting shall be followed. The SBD should include 
criteria to ensure that NGOs are qualified and possess proven success rates in their 
field of competence (especially for social services). NGOs may be included in the 
shortlist if they express interest. Single source selection may b e appropriate, 
subject to the Procuring Entity’s internal review procedures and BPP “no -
objection” if the program activity is subject to prior review. 
 
 
 PART VII 
SELECTION OF INDIVIDUAL CONSULTANTS


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117.  (1) When a Procuring Entity needs individual technical advice or assistance it 
may want to select individual consultants with the experience and 
qualifications necessary for a particular assignment. This type of service 
may include: 
 
(a) preparation of TOR; 
(b) updating or revision of feasibility studies; 
(c) preliminary engineering designs of smaller projects; 
(d) technical assistance in economic and sectoral planning, institutional 
reorganization, and management; 
(e) assistance in procurement planning, preparation of bidding and proposal 
documents, and the evaluation of bids for goods and works and 
consultant proposals; 
(f) technical assistance in project management, supervision, or completion 
reports; 
(g) training.


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(f) technical assistance in project management, supervision, or completion 
reports; 
(g) training. 
 
(2) Procuring Entities may advertise the assignment to receive expres sions of 
interest. However, they may constitute a short list from their available 
database and approach the individuals directly by sending them the TOR. 
Selection shall be carried out through a comparison of the qualifications of 
at least six suitable can didates. Regulations of the Procuring Entity for 
evaluation and approval of candidates shall apply. Criteria shall be 
academic background, experience, specific knowledge, and verifiable 
references for successful completion relevant to the assignment. If th e 
quality of the assignment is paramount and the expertise rather rare,


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quality of the assignment is paramount and the expertise rather rare, 
selection shall be done based on quality only. When the expertise for an 
assignment is more generally available, fees may be negotiable depending 
on market conditions and the availabil ity of the individuals.  For 
assignments of more than 6 months, an interview of the candidates must be 
carried out before the final selection is made. 
 
 
118.  Procuring Entities shall apply the following technical scores, which may vary 
according to the type of assignment, in the selection of individual consultants, as 
shown in the example below: 
 
 Evaluation Criteria             Points 
 General Qualifications (Education,  ... ... .. 10  
  
 Working Experience ... ... .. .. .. .. 15 
  
 Adequacy for the assignment


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Working Experience ... ... .. .. .. .. 15 
  
 Adequacy for the assignment  
 (Applicability of experience) ...           ...          ..          ..                     65 
 Relevant Experience... ... .. ..        …                5 
 Communication Skills, Computer Skills, etc. ... ..            10 
 
For a competitive selection of individual consultants, the Procuring Entity shall 
use BPP’s standard Letter of Invitation (LOI) and contract for individual 
consultants. If the consultan ts are selected on a competitive basis using quality 
only, the Procuring Entity shall contact the consultant with the highest technical 
score and if available negotiate the fee and other terms and conditions. If selection 
Evaluation 
Criteria


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takes place based on quality and cost comparison, the Procuring Entity shall offer 
the contract to the consultant with the highest combined score.  
 
119.  (1) Procuring Entities may contract individual consultants directly in 
exceptional cases, such as: 
 
(a) tasks that are a continuation of the previous work of the consultant, for 
which the consultant was selected; 
(b) assignments lasting less than six months; 
(c) emergencies resulting from natural disasters or a financial crisis or 
similar events; 
(d) when there are only a few or no othe r consultants available with the 
required expertise. 
 
 
120.  In such case, the Procuring Entity shall send the consultant the LoI with the TOR 
and conditions of the contract, negotiate the fee if necessary, and sign the contract.


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and conditions of the contract, negotiate the fee if necessary, and sign the contract. 
Section 17 
(13) (14) PPA, 
2007 
 
121.  GENERAL PROVISIONS ON NEGOTIATIONS AND AWARD  
122.  (1) Negotiations between the procuring entity and the Consultant with the Most 
Advantageous Tender, will be held at the date and address indicated in the 
Data Sheet with the Consultant’s representative(s) who must have written 
power of attorney to negotiate and sign a Contract on behalf of the 
Consultant. 
(2) The negotiations are concluded with a review of the finalized draft Contract, 
which then shall be initialed by the Procuring Entity and the Consultant’s 
authorized representative.  
(3) If the negotiations fail, the Procuring Entity shall inform the Consultant in


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authorized representative.  
(3) If the negotiations fail, the Procuring Entity shall inform the Consultant in 
writing of all pending issues and disagreements and provide a final 
opportunity to the Consultant to respond. If disagreement persists, the 
Procuring Entity shall terminate the negotiations informing the Consultant 
of the reasons for doing so. The Procuring Entity will then invite the next-
ranked Consultant to negotiate a Contract. Once the Procuring Entity 
commences negotiations with the next-ranked Consultant, the Procuring 
Entity shall not reopen the earlier negotiations. 
 
123.  (1) The negotiations include discussions of the Terms of Reference (TORs), the 
proposed methodology, the Procuring Entity’s inputs, the special conditions


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proposed methodology, the Procuring Entity’s inputs, the special conditions 
of the Contract, and finalizing the “Description of Services” part of the 
Contract, clarification of the Consultant’s tax liability in the Procuring 
Entity’s country and how it should be reflected in the Contract. 
(2) These discussions shall not substantially alter the original scope of services 
under the TOR or the terms of the contract, lest the quality of the final 
product, its price, or the relevance of the initial evaluation be affected.  
 
Technical 
Negotiation 
124.  (1) The negotiations include the clarification of the Consultant’s tax liability in 
the Procuring Entity’s country and how it should be reflected in the 
Contract.  
Financial 
Negotiation


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(2) If the selection method included cost as a factor in the evaluation, the total 
price stated in the Financial Tender for a Lump-Sum contract shall not be 
negotiated.  
(3) In the case of a Time-Based contract, unit rates negotiations shall not take 
place, except when the offered Key Expert and Non-Key Experts’ 
remuneration rates are much higher than the typically charged rates by 
consultants in similar contracts. In such case, the Procuring Entity may ask 
for clarifications and, if the fees are very high, ask to change the rates after 
consultation with the Bureau of Public Procurement.  
125.  (1)  The Procuring Entity shall prepare minutes of negotiations that are signed 
by the Procuring Entity and the Consultant’s authorized representative.


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by the Procuring Entity and the Consultant’s authorized representative.  
(2) The invited Consultant shall confirm the availability of all Key Experts 
included in the Tender as a pre-requisite to the negotiations, or, if 
applicable, a replacement per the provisions of the SBD. 
(3)  Failure to confirm the Key Experts’ availability may result in the rejection 
of the Consultant’s Tender and the Procuring Entity proceeding to negotiate 
the Contract with the next-ranked Consultant.  
(4) Notwithstanding the above, the substitution of Key Experts at the 
negotiations may be considered if due solely to circumstances outside the 
reasonable control of and not foreseeable by the Consultant, including but 
not limited to death or medical incapacity. In such case, the Consultant shall


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not limited to death or medical incapacity. In such case, the Consultant shall 
offer a substitute Key Expert within the period specified in the letter of 
invitation to negotiate the Contract, who shall have equivalent or better 
qualifications and experience than the original candidate.  
 
126.  (1) The Contract shall not be awarded earlier than the expiry of the Standstill 
Period. The Standstill Period shall be fifteen (15) Business Days unless 
extended.  
(2) The Standstill Period commences the day after the date the Procuring Entity 
has transmitted to each Consultant (that has not already been notified that it 
has been unsuccessful) the Notification of Intention to Award the Contract.  
(3) Where only one Tender is submitted, or if this contract is in response to an


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(3) Where only one Tender is submitted, or if this contract is in response to an 
emergency recognized by the Bureau of Public Procurement, the Standstill 
Period shall not apply 
Standstill 
Period 
127.  (1) The Procuring Entity shall send to each Consultant (that has not already been 
notified that it has been unsuccessful) the Notification of Intention to Award 
the Contract to the successful Consultant. The Notification of Intention to 
Award shall contain, at a minimum, the following information: 
(a) the name and address of the Consultant with whom the client 
successfully negotiated a contract; 
(b) the contract price of the successful Tender; 
(c) the names of all Consultants included in the short list, indicating 
those that submitted Tenders;


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(c) the names of all Consultants included in the short list, indicating 
those that submitted Tenders;  
(d) where the selection method requires, the price offered by each 
Consultant as read out and as evaluated; 
(e) the overall technical scores and scores assigned for each criterion 
and sub-criterion to each Consultant;  
(f) the final combined scores and the final ranking of the Consultants;


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(g) a statement of the reason(s) why the recipient’s Tender was 
unsuccessful unless the combined score in (f) above already reveals 
the reason; 
(h) the expiry date of the Standstill Period; and 
(i) instructions on how to request a debriefing and/or submit a 
complaint during the Standstill Period. 
128.  (1) Upon expiry of the Standstill Period, or any extension thereof, and upon 
satisfactorily addressing any complaint that has been filed within the 
Standstill Period, the Procuring Entity shall send a notification of award to 
the successful Consultant, confirming the Procuring Entity’s intention to 
award the Contract to the successful Consultant and requesting the successful 
Consultant to sign and return the dr aft negotiated Contract within eight (8)


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Consultant to sign and return the dr aft negotiated Contract within eight (8) 
Business Days from the date of receipt of such notification.   If specified in 
the Data Sheet, the client shall simultaneously request the successful 
Consultant to submit, within eight (8) Business Days, the Benefic ial 
Ownership Disclosure Form. 
Notification of 
Award 
129.  (1) Within ten (10) Business Days from the date of notification of award of such 
request, the Procuring Entity shall publish the Contract Award Notice which 
shall contain, at a minimum, the following information:  
(a) name and address of the Procuring Entity; 
(b) name and reference number of the contract being awarded, and the 
selection method used;  
(c) names of the consultants that submitted Tenders, and their Tender


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selection method used;  
(c) names of the consultants that submitted Tenders, and their Tender 
prices as read out at financial Tender opening, and as evaluated;  
(d) names of all Consultants whose Tenders were rejected or were not 
evaluated, with the reasons therefore;  
(e) the name of the su ccessful consultant, the final total contract price, 
the contract duration, and a summary of its scope; and. 
(f) successful Consultant’s Beneficial Ownership Disclosure Form, if 
specified in Data Sheet. 
(2) The Contract Award Notice shall be published on the Procu ring Entity’s 
website with free access if available or in at least one newspaper of national 
circulation in Nigeria or the official gazette. The Procuring Entity shall also 
publish the contract award notice online


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publish the contract award notice online 
 
130.  (1) On receipt of the Procuring Entity’s No tification of Intention to Award 
referred to in ITC 31.1, an unsuccessful Consultant has three (3) Business 
Days to make a written request to the Procuring Entity for a debriefing. The 
Procuring Entity shall provide a debriefing to all unsuccessful Consult ants 
whose request is received within this deadline. 
Debriefing


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(2) Where a request for debriefing is received within the deadline, the Procuring 
Entity shall provide a debriefing within five (5) Business Days, unless the 
Procuring Entity decides, for justifiable reasons, to provide the debriefing 
outside this timeframe. In that case, the standstill period shall automatically 
be extended until five (5) Business Days after such debriefing is provided.  If 
more than one debriefing is so delayed, the standstill period  shall not end 
earlier than five (5) Business Days after the last debriefing takes place. The 
Procuring Entity shall promptly inform, by the quickest means available  
including electronic communication, all Consultants of the extended standstill 
period.


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including electronic communication, all Consultants of the extended standstill 
period. 
(3) Debriefings of unsuccessful Consultants may be done in writing or verbally. 
The Consultants shall bear  his own cost  of attending such a debriefing 
meeting 
131.  (1) The Contract shall be signed before the expiration of the Tender Validity 
Period and promptly after the expiry of the Standstill Period or any extension 
thereof, and upon satisfactorily addressing any complaint that has been filed 
within the Standstill Period.  
(2) The Consultant is expected to commence the assignment on the date and at 
the location specified in the Data Sheet. 
Signing of 
Contract 
132.  (1) Where applicable, the person named in the Tender Data Sheet by the


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Signing of 
Contract 
132.  (1) Where applicable, the person named in the Tender Data Sheet by the 
Procuring Entity shall be appointed as Adjudicator under the Contract, at an 
hourly fee speciﬁed in the TDS, plus reimbursable expenses.  
(2) If the Tenderer disagrees with the proposed Adjudicator, the Tenderer should 
so state in the Tender.  
(3) If in the Form of Acceptance, the Procuring Entity has not agreed on the 
appointment of the Adjudicator, the Adjudicator shall be appointed by the 
Appointing Authority designated in the Special Conditions of Contract at the 
request of either party. 
(4) Either party may refer any dispute arising during the contract 
implementation phase to the Adjudicator. Either party may refer the decision


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implementation phase to the Adjudicator. Either party may refer the decision 
of the Adjudicator to an Arbitrator within 28 days of the Adjudicator's 
written decision. If neither party refers the dispute to arbitration within the 
above 28 days, the Adjudicator's decision will be ﬁnal and binding. 
Appointment 
of an 
Adjudicator 
133.  Value Engineering 
The Service Provider may prepare, at its own cost, a value engineering proposal 
at any time during the performance of the contract. The value engineering 
proposal shall, at a minimum, include the following; 
a) The proposed change(s), and a description of the difference to the 
existing contract requirements; 
b) a full cost/beneﬁt analysis of the proposed change(s) including a


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existing contract requirements; 
b) a full cost/beneﬁt analysis of the proposed change(s) including a 
description and estimate of costs (including life cycle costs, if 
applicable) the Procuring Entity may incur in implementing the value 
engineering proposal; and 
c) a description of any effect(s) of the change on 
performance/functionality. 
The Procuring Entity may accept the value engineering proposal if the proposal 
demonstrates beneﬁts that: 
Value 
Engineering


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a) accelerates the delivery period; or 
b) reduces the Contra ct Price or the lifecycle costs to the Procuring 
Entity; or 
c) improves the quality, efﬁciency, safety, or sustainability of the 
services; or 
d) yields any other beneﬁts to the Procuring Entity, without 
compromising the necessary functions of the Facilities. 
If the value engineering proposal is approved by the Procuring Entity and results 
in: 
a) a reduction of the Contract Price; the amount to be paid to the Service 
Provider shall be the percentage speciﬁed in the SCC of the reduction 
in the Contract Price; or 
b) an in crease in the Contract Price; but results in a reduction in 
lifecycle costs due to any beneﬁt described in (a) to (d) above, the 
amount to be paid to the Service Provider shall be the full


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amount to be paid to the Service Provider shall be the full 
increase in the Contract Price. 
 
134.  Sustainable Procurement 
The Service Provider shall conform to the sustainable procurement contractual 
provisions, if and as speciﬁed in the contract. 
 
 
(1)  Schedule 1 
 
REVIEW AND APPROVAL OF CONSULTANTS SELECTION 
 
 Review of Selection Procedure 
 
 (1) For all selection methods subject to prior review  per thresholds 
[specified below…] [announced separately in BPP Procurement Notes], BPP 
shall fulfill the review function. For this purpose, BPP shall review the selection 
procedures proposed by the Procuring Entity, including advertising, the Terms of 
Reference, the Standard Bidding Document, and the planning of the procurement


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Reference, the Standard Bidding Document, and the planning of the procurement 
process, for conformity with the Regulations and the Procurement Law. The 
Procuring Entity shall promptly inform BPP of any delay, or other changes in the 
implementation of the procurement plan regarding the selection procedure and 
agree with BPP on corrective measures.  
 
 (2) Internal Procurement Review at the Procuring Entity 
 
 (3) The Approving Authority of a Procuring Entity is the Tenders Board by 
a delegation of the Minister where it concerns a Ministry or by a delegation of the 
Chairman where it concerns a Public Enterprise. 
 
 (4) The Procurement Unit  (PU) of a Ministry or a Public Enterprise 
prepares all procurement documents, including procureme nt plans, in


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prepares all procurement documents, including procureme nt plans, in 
collaboration with the project and budget units, and prepares requests for 
approvals and no-objections on behalf of the Tenders Board. 
 
 (5) The Procurement Planning Committee  (PCC), which is composed of 
representatives of various departments in a Ministry or Public Enterprise, reviews


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if procurement plans meet the needs and budget of the Ministry or the Public 
Enterprise and if tenders are on schedule with the needs assessment.  
 
 (6) Before Proposals are invited, the Procuring Entity shall furnish to BPP 
for its comments, the Request for Expressions of Interest and the draft Terms of 
Reference, the proposed shortlist and draft  Standard Bidding Documents, 
including the evaluation criteria; and the conditions of contract, and shall make 
such modifications in the said documents as BPP shall reasonably request. Any 
further modification shall require BPP’s approval before it is issued to the 
shortlisted candidates. 
 
 (7) For the evaluation of proposals , the Procuring Entity shall use BPP’s 
Standard Proposal Evaluation Report.


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(7) For the evaluation of proposals , the Procuring Entity shall use BPP’s 
Standard Proposal Evaluation Report.  
 
 (8) After proposals have been received and evaluated, the Procuring Entity 
shall, before a final decision on the award is made, furnish to BPP in sufficient 
time for its review, the technical evaluation report (prepared, if BPP shall so 
request, by experts acceptable to BPP), together with the recommendations for 
the candidates who passed the qualifying technical mark and whose financial 
proposals will be evaluated. The technical evaluation report to BPP shall be 
accompanied by the three best-ranking technical proposals. The Procuring Entity 
shall also request BPP’s no objection if the technical evaluation report 
recommends the rejection of all proposals.


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shall also request BPP’s no objection if the technical evaluation report 
recommends the rejection of all proposals. 
 
 (9) When BPP determines that the technical evaluation is inconsistent with 
the SBD and the approved procurement procedures, it shall promptly inform the 
Procuring Entity and state the reasons for such determination. Otherwise, BPP 
shall provide its no-objection and authorize the Procuring Entity to proceed with 
the opening and evaluation of the financial proposals, when it concerns a selection 
based on quality and price (QCBS, LCS, FBS), or give its “No Objection” to invite 
the candidate with the best ranking technical proposal to submit a financial 
proposal (QBS) or to open and evaluate the financial proposal of the candidate


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proposal (QBS) or to open and evaluate the financial proposal of the candidate 
with the best ranking technical proposal (QBS). The “ No Objection ” to the 
technical evaluation report will also authorize the Procuring Entity to proceed 
with negotiating a contract with the firm obtaining the highest combined technical 
and financial scores  
 
 (10) Upon BPP’s no-objection, the Procuring Entity shall invite the selected 
firm for negotiations, to award the contract to the firm if negotiations are 
successful. If there are no or only minor changes in the draft contract issued with 
the SBD, the Procuring Entity, and the selected candidate may negotiate the 
contract by facsimile or electronic mail. After successful negotiations, the


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contract by facsimile or electronic mail. After successful negotiations, the 
Procuring Entity and the successful firm will initial the draft contract and submit 
the initialed contract to BPP for “No Objection” to sign the contract.   
 
 (11) If the Procuring Entity requires an extension of bid validity to complete 
the process of evaluation, obtain necessary approvals and clearances, and make 
the award, it should seek BPP’s prior approval for the extension of the proposal 
validity period.


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(12) If the Procuring Entity receives protests or complaints from candidates 
about the evaluation, the Procuring Entity shall send a copy of the Procuring 
Entity’s response to BPP for information. 
 
 (13) The terms and conditions of a contract shall not, without BPP’s prior 
approval, materially differ from those on which proposals were issued.  
 
 (14) In all cases, also those not requiring prior review, the Procuring Entity 
will send one conformed copy of the contract to BPP promptly after its signing.  
 
 (15) The Procuring Entity shall publicly disclose on its website, the 
procurement journal, and the website of the BPP, the description and amount of 
the contract, together with the name and address of the successful candidate and


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the contract, together with the name and address of the successful candidate and 
ensure that the signed contract is duly recorded and filed.  
 
 (16) Below the Prior Review thresholds, in all cases below the prior review 
thresholds of the BPP, the Procurement Unit shall prepare the selection documents 
for submission to the Tenders Board or Accounting Officer depending on the 
value of the procurement. 
 
 (17) Post-Procurement Review 
 
 The BPP shall order an annual Independent Procurement Review by 
independent consultants to verify compliance with the Regulations. The results of 
the post reviews shall be shared with the Auditor General and the Accountant 
General. 
 
 (18) Amendments, Modifications, or Extensions


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General. 
 
 (18) Amendments, Modifications, or Extensions 
 
 If an amendment to the contract, change order, or extension would increase 
the original amount of the contract price by more than 15%, or if any other major 
modification is needed to complete the contract, prior BPP no -objection is 
required. BPP has the right to approve or reject such changes, and in the latter 
case, to propose alternative less costly modifications or recommend a reduction 
in the scope and size of the contract. 
 
 
(2)  Schedule 2 
 
TYPES OF CONSULTING CONTRACTS 
 
 1. Standard Contract Forms 
 
 Procuring Entities shall use the following Standard Contracts for 
Consultants Services prepared by BPP:  
 
 (a) Lump Sum Contracts for complex assignments; 
 
 (b) Lump Sum Contracts for simple assignments;


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(a) Lump Sum Contracts for complex assignments; 
 
 (b) Lump Sum Contracts for simple assignments; 
 
 (c) Time-Based Contracts for complex assignments;


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(d) Time-Based Contracts for simple assignments; 
 
 (e) Lump Sum and Time-Based Contracts for Individual Consultants 
 
 2. In the rare circumstances that the Standard Contract does not apply to a 
specific consulting assignment, a different contract form ma y only be used with 
BPP’s prior agreement. 
 
 3. For all contract forms, the main contract provisions are described in the 
General Conditions of the Contract, which are standard and shall not be changed. 
Provisions that are specific to the assignment and any modifications to the General 
Conditions of the Contract are detailed in the Special Conditions of the Contract. 
Provisions of the General Conditions of the Contract can only be modified 
through the Special Conditions of the Contract. The Standard Contract, including


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through the Special Conditions of the Contract. The Standard Contract, including 
the Special Conditions of Contract, shall always be part of the SBD.  
 
 4. All Contracts for Consulting Services, whether standard or otherwise, 
shall contain provisions for the following important elements or requirements. A 
Preamble explaining the Procuring Entity’s need for the services and confirming 
the readiness and ability of the consultant to render such services: 
 
 (a) A list of the documents constituting the Contract. 
 
 (b) Definitions and Interpretations of the basic terms used in the Contract. 
 
 (c) The date for commencement and the time for completion of the services. 
 
 (d) Postponement and Termination of the Contract, upon notice by the


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(d) Postponement and Termination of the Contract, upon notice by the 
Procuring Entity or in case of force majeure , and the ensuing rights and 
liabilities of each party. 
 
 (e) Entry into force of the Contract. 
 
 (f) Modification of the Contract. 
 
 (g) The rights, obligations, and liabilities of the parties, including 
circumstances of indemnification by one party to the other. 
 
 (h) Changes in the status or organisation of the consultant during the Contract. 
 
 (i) Clarification of taxation requirements applicable to the consultant in the 
country where the project is located. 
 
 (j) Identification of the insurance that must be taken out by the consultant. 
 
 (k) Ownership of the material prepared by the Consultants.


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(k) Ownership of the material prepared by the Consultants. 
 
 (l) The consultant’s personnel and any counterparts of the Procuring Entity. 
 
 (m) Assignment of the services or any part thereof to sub-consultants.


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(n) Remuneration of the consultant and the method of payment. 
 
 (o) The procedure for settlement of disputes.  
 
 (p) The language of the Contract and the applicable law. 
 
 (q) The addresses of the Procuring Entity and the Consultant for formal 
notices. 
 
 5. Lump Sum (Fixed Price) Contract 
 
 Under Lump Sum Consultancy Services, the candidate firm includes its total 
remuneration (fees) based on the estimated input of its personnel, along with the 
cost of the inputs (reimbursables) to carry out the services. The services are paid 
based on the agreed payment schedule per the set milestones (deliverables) of the 
progress of the services, usually associated with reports. Lump sum contracts are 
used mainly for assignments in which the content and the duration of the services


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used mainly for assignments in which the content and the duration of the services 
and the required output of the consultants are clearly defined. They are therefore 
easy to administer. As a general rule, contracts for assignments that provide for 
the production of regular reports are lump-sum based. Feasibility studies, design, 
and detailed engineering service s or standard accounting services are also 
contracted on a lump sum basis. The contract includes the agreed breakdown of 
the cost components. If the lump-sum contract is subject to price adjustment, the 
financial forms of the SBD should include the table a sking for the detailed 
breakdown of the remuneration of the consultant, which shall be used to calculate


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breakdown of the remuneration of the consultant, which shall be used to calculate 
the increase in the remuneration according to an agreed price adjustment formula 
which takes into consideration inflation rates local/international price adjustment 
formula should be included in all contracts with a duration of over 18 months.  
 
 6. Time-Based Contract 
 
 Time-based contracts are used when the scope and length of services are 
difficult to determine, either because the services are linked to activities of other 
parties in the project or because the inputs by the consultants to reach the 
objectives are spread over time. As a consequence, even though the contract may 
provide periodic reports, the time spent is subject to variables that cannot  be


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provide periodic reports, the time spent is subject to variables that cannot  be 
precisely estimated for the whole assignment. Therefore, the actual time spent 
becomes the main measurable cost element of the assignment. Payment is based 
on the agreed time-based rates for the consultant’s staff as detailed in the relevant 
remuneration schedule of the contract, complemented by the agreed reimbursable 
items.7. The time -based rates concern the staff monthly rates including all 
salaries, social benefits, costs, overheads, and profits. The reimbursable costs are 
separate and will be paid according to unit rates and/or actuals. Consultants are 
required to keep time sheets of the actual time spent and submit their invoices on


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required to keep time sheets of the actual time spent and submit their invoices on 
that basis, which may be audited accordingly. The contract price agreed upon is 
included in the contract as the “ceiling amount” of the total payments to be made 
to the consultants. Usually, the contract requires the consultant to advise the 
Procuring Entity when it reaches 80 % of the ceiling price. This permits the 
Procuring Entity to make a judgment if the contract ca n be completed as 
envisaged, if the scope of the assignment needs to be reduced to stay within the


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budget, or if an increase in the costs needs to be negotiated. The ceiling amount 
should include an allowance for contingencies to cover unforeseen work and 
expenses and a provision for price adjustment where appropriate.  
 
 8. Time-based contracts are mostly suited for supervision services of works, 
lengthy studies with multiple components and inputs, longer -term technical 
assistance or training, and management contracts. 
 
 
(3)  Schedule 3 
 
INFORMATION FOR CONSULTANTS ON THE CONTENT OF THE STANDARD 
BIDDING DOCUMENT  
 
 Standard Bidding Documents (SBD) 
 
 The SBD is a standard document issued by the BPP, which covers the 
majority of consulting assignments. It includes the standard “ Instructions to


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majority of consulting assignments. It includes the standard “ Instructions to 
Consultants” (ITC) and the “ Specific Instructions”, which consist of line -item 
modifications to the standard clauses to adapt the ITC to the specific requirements 
of the assignment. If under exceptional circumstances, the Procuring Entity needs 
to amend the standard ITC, it shall do so through the Specific Instructions attached 
to the ITC and not by amending the main text. 
 
 Standard Contracts 
 
 The standard contracts (see Annex 2) issued by the BPP consist of the 
General Conditions of the Contract, which are not changed, and the Special 
Conditions of the Contract, which consist also of line -item modifications of the 
standard section to specify the agreements reached during contract negotiations


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standard section to specify the agreements reached during contract negotiations 
regarding the consulting assignment, including advances, payment arrangements, 
tax liabilities, and reporting schedules. It also contains important annexes 
regarding the agreed Description of Services (which is the final version of the 
Terms of Reference agreed upon during contract negotiations), the breakdown of 
costs, the agreed fixed rates, and the list of key staff. 
 
 Contents of the SBD 
 
Section 46 (1) (2) 
 
  The SBD shall include adequate information on the following aspects of the 
assignment: 
 
 • The name and address of the Procuring Entity: 
 
 • A requirement that the proposals are to be prepared in the English 
language


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• A requirement that the proposals are to be prepared in the English 
language 
 
 • The names of the shortlisted consultants that were selected after the 
analysis of the Expressions of Interest received, and to whom the SBD 
will also be sent;


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• a request to the shortlisted candidates in the introductory Letter of 
Invitation, which is part of the SBD, to acknowledge promptly receipt of 
the SBD, and to inform the Procuring Entity whether or not the candidate 
will submit a proposal; 
 
 • a description of the assignment, including the nature, required 
characteristics, and location of the services to be procured, and when they 
are to be provided;  
 
 • a statement that the Procuring Entity reserves the right to reject proposals 
without obligation; 
 
 • a statement that if a short -listed firm (or the firm with which it will be 
associated) combines the functions of consultants with those of 
contractor, or if it is associated with a manufacturer or is a manufacturer


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contractor, or if it is associated with a manufacturer or is a manufacturer 
with a department or design offic e offering services as a consultant, the 
shortlisted candidate is required to include in its proposal all relevant 
information on such relationship, along with a statement to the effect that 
it shall limit its role to that of a consultant, and that neither  the firm nor 
its associates/affiliates shall participate in the project in any other 
capacity; 
 
 • the deadline for submission of proposals. Any proposal received after the 
submission deadline shall be returned unopened, and this is not 
negotiable regardless of the circumstance; 
 
 • if it is based on the Quality Based Selection (QBS), Quality and Cost -


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• if it is based on the Quality Based Selection (QBS), Quality and Cost -
Based Selection (QCBS), Least -Cost Selection (LCS), or Fixed Budget 
Selection (FBS) method, the proposal must be divided into a separate 
technical and a financial proposal; 
 
 • the SBD shall include standard forms to complete the technical and 
financial proposals, and clearly state that the technical proposal shall not 
provide any price information, subject to proposal rejection; 
 
 • information on whether associations between short-listed consultants are 
acceptable (usually this is not the case to avoid limiting the competition 
or collusion among the candidates). Conditions for subcontracting part of 
the assignment are also stated;


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or collusion among the candidates). Conditions for subcontracting part of 
the assignment are also stated; 
 
 • the procedure on how clarifications are permitted about the information 
given in the SBD;  
 
 • the names and contact information of officials to whom clarifications 
shall be addressed and with whom the consultants’ representative shall 
meet, if necessary; 
 
 • reference to any laws in Nigeria that may be particularly relevant to the 
proposed consultants’ contract, including the requirement that the


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proposal is to be expressed in Nigerian currency and for international 
proposals, that the local costs are to be expressed in Nigerian currency; 
 
 • a statement that the firm and any of its affiliates shall be disqualified from 
providing downstream services under the project if, in BPP’s judgment, 
such activities constitute a conflict of interest with the services provided 
under the as signment, or, conversely, that the assignment includes a 
possible contract for downstream work, as detailed in the SBD; in the 
latter case, a statement that the SBD provides a phasing of the assignment 
and candidates are usually requested to make indicative proposals for the 
downstream work; 
 
 • details of the selection method to be followed, including the criteria and


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downstream work; 
 
 • details of the selection method to be followed, including the criteria and 
procedures for the evaluation of the qualifications of the consultants, 
including weights given to each criterion, and the relative weights for 
quality and cost in the case of QCBS, or lowest cost and quality (LCS) or 
quality and cost within a fixed budget limit (FBS); a statement if a margin 
of preference will be applied for shortlists consisting of domestic and 
international consultants; 
 
 • the SBD shall include the details on the public opening of financial 
proposals and the financial evaluation;  
 
 • the minimum technical qualifying mark necessary for a proposal to move 
to the financial evaluation (QCBS, LCS, FBS);


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to the financial evaluation (QCBS, LCS, FBS);  
 
 • an estimate of the level of key staff inputs (in staff months) required of 
the consultants; minimum experience, and academic achievement 
expected of key staff;  
 
 • information if advances are allowed, what the requirements are for bank 
guarantees covering the advance, the m odalities for reporting and 
payment arrangements; 
 
 • information on contract negotiations, and financial and other information 
that shall be required of the selected firm during the negotiation of the 
contract;  
 
 • the period for which the consultants’ proposals shall be held valid 
(normally 60-120 days) and during which the consultants shall undertake 
to maintain, without change, the proposed key staff, and shall not increase


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to maintain, without change, the proposed key staff, and shall not increase 
the rates and total price proposed;  
 
 • in case of extension of the proposal validity period, the right of the 
consultants not to maintain their proposal;  
 
 • a statement indicating whether or not the consultants’ contract and 
personnel shall be tax-free or not; and if not: what the likely tax  burden 
will be or where this information can be obtained, and a statement 
requiring that the consultant shall include in its financial proposal a 
separate amount identified, to cover taxes;


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• if not included in the TOR or the draft contract, details of  the services, 
facilities, equipment, and staff are to be provided by the Procuring Entity.  
 
 
 SPECIFIC ASPECTS OF THE TECHNICAL PROPOSAL 
 
 The technical proposal must cover the following information and evidence:
  
 
 • background, organization, and experience of the shortlisted firm; 
 
 • a list of similar assignments undertaken by the firm, at least during the 
last 3 to 5 years. Similar information regarding the associated firm or 
firms must also be submitted; 
 
 • proposed technical approach and work program including: 
 
  o comments on the Terms of Reference; 
 
  o the general approach proposed for carrying out the work plan, 
including the organization and time schedule of the proposed services;


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including the organization and time schedule of the proposed services; 
 
  o a bar chart indicating the estimated duration (separately, in the home 
office and the field) and the probable timing of the assignment of each 
professional to be used as well as estimates of the number of man -
months to be allocated by each professional; 
 
  o detailed description of the specific tasks to be assigned to each member 
of the proposed team; 
 
  o in the case of an association, details of the agreement define the role of 
each firm and the mutual relationship. 
 
 • Name, age, nationality, background, education, employment record, and 
detailed professional experience of each professional to be assigned for 
providing the services.


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detailed professional experience of each professional to be assigned for 
providing the services. 
 
 • Arrangement for office space, vehicles, office, and field; equipment, etc. 
required for carrying out the services. 
 
 Evaluation of the technical proposals  
 
 The technical evaluation will be based among others on the following 
criteria: 
 
  o general experience of the firm and experience in the sector concerned, 
years of experience, and proven verifiable results 
 
  o responsiveness to the TOR and thoroughness of the approach and work 
plan;


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o qualifications and expertise of key personnel; 
 
  o other aspects such as transfer of knowledge, training program, 
participation of domestic consultants in international proposals (if 
requested in the SBD) 
 
Specific Information on the Financial Proposal 
 
 The financial proposal provides details on the following, both in the case of 
a lump sum or time-based assignment (staff-month rates plus reimbursable costs): 
 
 • the currency in which the costs of services shall be converted, compared 
(Naira at the medium exchange rate of the Central Bank of Nigeria at the 
date of financial proposal opening), and paid; 
 
 • a breakdown of all time -based rates, including basic salaries, benefits, 
allowances, local taxes, overheads, etc . The proposal must also give an


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allowances, local taxes, overheads, etc . The proposal must also give an 
estimate of the cost of any reimbursable items such as per diem, office 
space, equipment, travel, and transportation; 
 
 • a breakdown of the individual items of expenditure in local cost for 
domestic proposals or foreign an d local currency cost for international 
proposals; 
 
 • Final evaluation will be based on the cost of the financial proposal. For 
Quality and Cost Based Selection, the weight of the technical and 
financial proposals is usually based on a proportion of 80-20 points; 
 
 • Proposals should remain valid for a period of 60 to 120 days from the date 
indicated in the SBD, depending on the complexity of the assignment. 
 
 
  
(4)  Schedule 4


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indicated in the SBD, depending on the complexity of the assignment. 
 
 
  
(4)  Schedule 4 
 
INFORMATION TO CONSULTANTS ON THE SELECTION PROCEDURE 
 
 This Annex provides information to consultants, both firms and individuals, 
interested in participating in the procurement of consulting contracts. 
 
 Procuring Entity’s Role 
 
 The Procuring Entity is responsible for the selection and employment of 
consultants. It invites, receives, and evaluates proposals and awards the contract. 
The Standard Bidding Documents (SBD) and the terms and conditions of the 
standard contract between the Procuring Entity and the Consultant defines the 
rights and obligations of each contracting party. 
 
 The Procuring Entity reviews the procurement procedures, documents,


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The Procuring Entity reviews the procurement procedures, documents, 
Tender evaluations, award recommendations, and the contract to ensure that the


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process is carried out per the agreed procedures and administers the contract 
during execution.  
 
 Role of the Bureau of Public Procurement (BPP) 
 
Section 5, 6. 
 
 The Council sets thresholds for the prior review of public procurement 
launched by Procuring Entities, and for contracts subject to “prior review” the 
BPP reviews the documents for their correctness before the Procuring Entity 
issues them, and issues “Certificates of no-objection for contract award”  
 
 If at any time in the procurement process, the BPP concludes that the agreed 
procedures were not followed in any material respect, or if the “no objection” was 
issued based on incomplete, inaccurate, or misleading information, the BPP may 
declare mis-procurement.


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issued based on incomplete, inaccurate, or misleading information, the BPP may 
declare mis-procurement.  
 
 The BPP has the power to blacklist/debar any supplier, contractor, or service 
provider that contravenes the Procurement Act, or the Regulations made pursuant 
to this Act, and to maintain a list of firms and persons that have been 
blacklisted/debarred from participating in public procurement, and to publish this 
list in the Procurement Journal. 
 
 If the BPP determines the engagement in corrupt or fraudulent practices by 
representatives of the Procuring Entity or the Tenderer, the BPP may impose or 
cause to be imposed the applicable sanctions in the Procurement Act. 
 
 The BPP publishes the details of major contracts in the Procurement Journal 
and on its website.


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The BPP publishes the details of major contracts in the Procurement Journal 
and on its website. 
 
 The BPP publishes Standard Proposal Documents (SPDs) for various types 
of consultant selection. The Regulations require that the Procuring Entities use 
these documents, with minimum changes as necessary to deal with project -
specific aspects.  
 
 Information on the Selection of Consultants 
 
 Invitations on opportunities for consulting assignments may be obtained 
from the BPP Procurement Journal, its website, or the websites of the Procuring 
Entities. In addition, advertisements for expressions of interest are placed in 
leading national newspap ers and widely used international newspapers for 
international shortlists.  
 
 Consultants’ Role


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international shortlists.  
 
 Consultants’ Role  
 
 When consultants receive the SBD, and they decide that they can meet the 
requirements of the TOR, as well as the commercial and contractual conditions, 
they should make the arrangements necessary to prepare a responsive proposal 
(for example, visiting the country of the assignment, seeking associations, 
collecting documentation, setting up the preparation team).


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If the consultants find in the SBD documents - especially in the selection 
procedure and evaluation criteria - any ambiguity, omission, or internal 
contradiction, or any feature that is unclear or that appears discriminatory or 
restrictive, they should seek clarification from the Procuring Entity, in  writing, 
within the period specified in the SBD. Consultants should ensure that they submit 
a fully responsive proposal including all the supporting documents requested in 
the SBD. It is essential to ensure accuracy in the curricula vitae of key staff 
submitted with the proposals. The curricula vitae  should be signed by the 
individuals and dated and signed by the proposing firms. Noncompliance with 
important requirements may result in the rejection of the proposal. Once the


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important requirements may result in the rejection of the proposal. Once the 
technical and financial proposal s are received and opened, consultants shall not 
be required nor permitted to change the substance and the key staff or to change 
the quoted fee. Minor modifications may be made at the stage of negotiations per 
the provisions of the SBD. 
 
 Confidentiality 
 
 The procedure of proposal evaluation shall be confidential until the contract 
award is notified to the successful firm. Confidentiality enables the Procuring 
Entity and BPP to avoid improper interference or the perception of it. If during 
the evaluation procedure, consultants wish to bring information to the notice of 
the Procuring Entity, BPP, or both, they should do so in writing per the provisions 
of the SBD.


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the Procuring Entity, BPP, or both, they should do so in writing per the provisions 
of the SBD. 
 
 Complaints 
 
 The Procuring Entity is responsible for the selection and award procedure 
and candidates should address themselves to the Procuring Entity for any queries, 
issues, and possible complaints. In the case of a complaint regarding a specific 
selection procedure, such a complaint should first be introduced in writing to the 
Procuring Entity, per these Regulations. 
 
 Information on Contract Award 
 
 Information on contract awards will be published in the procurement journal 
and on the websites of the Procuring Entities concerned and the website of the 
BPP. If, after notification of the award, a consultant wishes to ascertain the


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BPP. If, after notification of the award, a consultant wishes to ascertain the 
grounds on which its Proposal was not selected, it should address its request to 
the Procuring Entity. If a discussion is arranged, only the Proposal of the 
consultant can be discussed and not the Proposals of ot her consultants who 
participated in the selection. 
 
(5)  Schedule 5 
 
PROCUREMENT FILING 
 
Section 40. 
 1. The experience is that lack of an efficient filing system causes long and 
costly delays in the search for documents at critical moments when procurement, 
Independent Post Reviews are needed by BPP, or procurement audits are required


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by the Auditor -General. BPP will issue Regulations separately on maintaining 
elements of records of procurement proceedings: 
 
 • Description of the goods, works, or consulting services requested, usually 
in the invitation to tender (for goods and works) or the Standard Bidding 
Document Standard Bidding Document for consulting services). 
 
 • Document prescribing the selection of the tender method or consultant 
selection method and the reason for this. 
 
 • Lists of tenderers who submitted tenders or proposals, with names and 
addresses, usually obtained from the registration of tender or proposal 
submissions and the minutes of opening of tenders and proposals. 
 
 • Minutes of tender and proposal opening, with recording of prices·
 Tender and proposal evaluation reports.


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• Minutes of tender and proposal opening, with recording of prices·
 Tender and proposal evaluation reports. 
 
 • List and su mmary of clarifications asked during prequalification, 
tender/proposal submission, and evaluation (per tender and per 
proposal). 
 
 • Records of formal rejection of tenders or proposals and the grounds 
thereof.  
 
 • Records of procurement proceedings involv ing other than open 
competitive tendering, which did not result in a procurement contract and 
a statement on the likely reasons. 
 
 • Document by which it was decided to proceed with direct contracting and 
the reason for this. 
 
 • Document whereby it was decided to proceed to limited tendering and to 
grant a margin of preference and the grounds for this.


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grant a margin of preference and the grounds for this.   
 
 • Record any complaints received from candidates and the responses sent. 
 
 
(6)  Schedule 6 
 
SELECTION METHODS AND THRESHOLDS OF APPLICATION 
 
 Selection Method Limit of Application 
 
 Quality and Cost-Based Selection 
 (QCBS) Naira 25 million and above 
 
 Consultants Qualification Selection  
 (CQS) Less than Naira 25 million 
 
 Least Cost Selection (LCS) Less than Naira 25 million


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Quality Based Selection (QBS), Fixed  
 Budget Selection (FBS), Individual  
 Selection and Single Source Selection  
 (Single Source Selection) No Limit 
 
 Single Source (Minor value  
 procurements)  Less than 1.0 million 
 
For contracts estimated to cost less than Naira 25.0 million, the shortlisted may 
be composed of national firms only. 
 
(7)  Schedule 7 
 
STANDARD PROCUREMENT PROCESSING TIME 
 
Standard Procurement Processing Time for QCBS  
 
 Activity Processing Time in Days 
 
 Preparation of Terms of Reference  7 to 14 
 
 Inviting for expression of interest up  
 to submission of the same by consultants  at least 14 
 
 Evaluation of Expression of interest and  
 preparing shortlist and approval by the  
 Tenders Board 21 
 
 Preparation and issuance of the Request


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preparing shortlist and approval by the  
 Tenders Board 21 
 
 Preparation and issuance of the Request  
 for Proposal 21 
 
 Preparation and submission of proposals  
 by consultants At least 30 
 
 Evaluation of technical proposals and  
 approval of Evaluation Reports at least 30 
 
 Notification of technically qualified  
 firms of date for Financial Proposal  
 Public Opening  7 to 14 
 
 Opening of Financial Proposals,  
 Evaluation of the proposals, approval  
 of combined Evaluation Report and  
 notification of negotiations to the firm  
 with the highest combined score 21 
 
 Negotiations and approval of negotiated  
 documents 7 
 
 Signature of contract 7


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1 
8. Review & Disposal 
Standard Operating Procedure (SOP) & Service Levels (SLAs) 
Version 1.0 | Dated 03 February 2026 
 
Purpose 
• Define how MDAs conduct post-procurement reviews, handle complaints/appeals, preserve records, 
and dispose of public property transparently and competitively. 
• Support BPP’s compliance information gathering and behaviour modification through clear, enforceable 
standards. 
Scope 
• Covers: administrative review (complaints), audits, post-review sampling, lessons learned, and disposal 
of public property. 
• Applies to all procuring/disposal entities under PPA 2007. 
Roles & Responsibilities (minimum) 
• Accounting Officer: receives initial complaints and issues decisions; authorises valuation for disposal 
(PPA 2007 s.54(2); s.56(1)).


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(PPA 2007 s.54(2); s.56(1)). 
• BPP: conducts administrative review/appeals and may suspend proceedings; issues decisions within 
statutory timeline (PPA 2007 s.54(4)-(6)); sets disposal guidelines (PPA 2007 s.55(4)). 
• Internal Audit / M&E: conducts compliance and performance reviews; supports corrective actions (best 
practice). 
• Procurement Unit: maintains records; supports audits; coordinates disposal process documentation 
(PPA 2007 s.38; s.56(4)). 
• Tenders Board: shares disposal responsibilities with the procurement unit (PPA 2007 s.56(4)). 
• Independent Evaluator/Valuer: prepares valuation report before disposal (PPA 2007 s.56(1)). 
Procedure (What to do, when, why, and how) 
1. Maintain complete procurement and contract records and ensure accessibility for audits and


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1. Maintain complete procurement and contract records and ensure accessibility for audits and 
administrative reviews (PPA 2007 s.38; Goods & Works Regs 2007 para 16). 
2. Operate a complaints intake process: bidder submits written complaint to Accounting Officer first (PPA 
2007 s.54(2); Regs 2007 para 18). 
3. Accounting Officer reviews and issues written decision with reasons/corrective action within statutory 
timeline (PPA 2007 s.54(2)(b)). 
4. If bidder appeals, accept and track appeal to BPP within statutory time; BPP may suspend further action 
pending resolution (PPA 2007 s.54(3)-(4)). 
5. BPP issues written decision within 21 working days; if dissatisfied, bidder may appeal to Federal High 
Court within 30 days (PPA 2007 s.54(6)-(7); Regs 2007 para 20).


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Court within 30 days (PPA 2007 s.54(6)-(7); Regs 2007 para 20). 
6. Conduct periodic post-procurement reviews: compliance, value-for-money, supplier performance, and 
integrity incidents; capture lessons learned to improve future solicitations (OECD learning principle; World 
Bank performance feedback). 
7. For disposal: confirm asset is slated for disposal; authorize an independent valuation report (PPA 2007 
s.56(1)).


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8. Plan disposal and integrate into budget projections; time disposal for best returns (PPA 2007 s.56(2)-(3)). 
9. Use open competitive bidding as the primary method for receiving offers for disposal of public property 
(PPA 2007 s.55(3)). 
10. Ensure staff involved do not buy/benefit from disposed assets for three years after disposal (PPA 2007 
s.57(13)). 
11. Document disposal method (auction/sale/lease/transfer etc.), approvals, bids/offers, evaluation, and 
proceeds remittance; archive all evidence. 
Required Records / Evidence 
• Full procurement and contract file; audit trail of key decisions (PPA 2007 s.38). 
• Complaints register (dates, decisions, remedies). 
• BPP decisions and suspension notices (if any). 
• Post-review/audit reports and corrective action plans.


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• BPP decisions and suspension notices (if any). 
• Post-review/audit reports and corrective action plans. 
• Disposal plan, valuation report, bidding/auction records, proceeds remittance evidence. 
Key Controls (Integrity, Value-for-Money, Compliance) 
• Statutory timeline control for complaints/appeals (PPA 2007 s.54; Regs 2007 paras 17-20). 
• Record retention control: keep records for ≥10 years (Regs 2007 para 16). 
• Disposal integrity control: independent valuation; open competitive bidding as default (PPA 2007 
s.55(3); s.56(1)). 
• Conflict-of-interest control: enforce 3-year restriction on buying disposed assets (PPA 2007 s.57(13)). 
Service Levels (SLAs) & Statutory Timelines 
Process point SLA / timeline Source Notes / evidence 
Bidder complaint to 
Accounting Officer


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Process point SLA / timeline Source Notes / evidence 
Bidder complaint to 
Accounting Officer 
≤15 working days 
after awareness 
PPA 2007 
s.54(2)(a); Regs 
2007 para 17 
Track 'awareness date' 
AO decision on complaint ≤15 working days PPA 2007 
s.54(2)(b); Regs 
2007 para 18 
Written reasons required 
Appeal to BPP ≤10 working days 
after AO decision 
PPA 2007 s.54(3); 
Regs 2007 para 
19 
Attach AO decision 
BPP decision ≤21 working days PPA 2007 s.54(6); 
Regs 2007 para 
19 
BPP may suspend 
proceedings 
Appeal to Federal High Court ≤30 days PPA 2007 s.54(7); 
Regs 2007 para 
20 
Record litigation status 
Record retention ≥10 years Regs 2007 para 
16 
Applies to procurement & 
disposal files 
Minimum Compliance Data Points for an Exceptions-Reporting Platform


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16 
Applies to procurement & 
disposal files 
Minimum Compliance Data Points for an Exceptions-Reporting Platform 
• Complaint/appeal tracker with statutory clock (15/15/10/21/30 working days). 
• Automatic suspension flag when complaint escalates to BPP (PPA 2007 s.54(4)(a)). 
• Record retention clock and archive status. 
• Disposal: valuation report uploaded; disposal method; offer/bid records; proceeds remittance 
evidence.


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• Conflict-of-interest attestations for disposal team (PPA 2007 s.57(13)). 
References (in-line citations appear in brackets) 
• Nigeria: Public Procurement Act, 2007 (PPA 2007). 
• Nigeria: Public Procurement (Goods and Works) Regulations, 2007. 
• UNCITRAL Model Law on Public Procurement (2011) and Guide to Enactment. 
• World Bank Procurement Regulations for IPF Borrowers (7th ed., Sep 2025) and associated guidance on 
PPSD and Contract Management. 
• OECD Recommendation on Public Procurement (2015) and implementation guidance (2025).


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1 
 
 
Nigeria: New Guidelines on Procurement and Award 
of Contracts  
Nigeria has issued new guidelines on public procurement and 
contract award procedures. Although they do not have the force 
of law, they are a step in the right direction. George Etomi & 
Partners  looks at the new measures.  
As part of the new democratic government's drive to entrench accountability, efficiency 
and transparency in the public procurement and contract award procedures, the Minister 
of Finance has issued guidelines for the procurement and award of contracts. This 
followed the approval by the Nigerian cabinet of the reform of the public procurement 
system on 17 January 2001. The cabinet's guidelines also proposed the establishment of a


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system on 17 January 2001. The cabinet's guidelines also proposed the establishment of a 
Public Procurement Commission (PPC). However, no legislation has yet been passed 
establishing the PPC. 
It is proposed that the PPC, when established, will be the top policy-making body for all 
procurement and contract award matters in the Public Service. A Steering Committee and 
Procurement Reform Implementation Unit has been established by the Federal Ministry of 
Finance to prepare the ground for the PPC by initiating and supervising the 
implementation of the new policy. The functions of the Steering Committee will eventually 
be taken over by the PPC. 
Summary of the Guidelines  
1. Abolition of the Departmental Tenders Board (DTB) and Federal Tenders Board (FTB):


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Summary of the Guidelines  
1. Abolition of the Departmental Tenders Board (DTB) and Federal Tenders Board (FTB): 
These two boards have been abolished. The Permanent Secretary and a newly created 
Ministerial Tenders Board have assumed their responsibilities. 
 
2. Powers of the Permanent Secretary: Under the new arrangement, the Permanent 
Secretary/ Chief Executive can approve, without competitive open tendering, 
procurements not exceeding US$8,000 approximately. He must obtain at least three 
written proposals from suitably qualified contractors/suppliers. Expenditures incurred 
under the policy are to be documented and reported to the Honourable Minister 
quarterly. 
 
Newly-Established Boards 
 
3. A Ministerial Tenders Board (MTB) has been established in each ministry/extra-


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Newly-Established Boards 
 
3. A Ministerial Tenders Board (MTB) has been established in each ministry/extra-
ministerial department. The Board is made up of a chairman (the Permanent Secretary/ 
Chief Executive of the ministry or extra-ministerial department) and the Directors/Heads 
of Department in the ministry or establishment. Each MTB can award contracts of 
between approximately US$8,000 -US$400,000 in value. The Minister is to approve all 
decisions made by the Board. 
 
4. Armed Forces/ Ministry of Defence Tenders Board: The Board is made up of a 
chairman (the Permanent Secretary of the Ministry of Defence) and representatives of the


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2 
 
Army, Navy and Air Force and the Director of Finance and Accounts of the Ministry of 
Defence. Contracts awarded by the Ministry of Defence are subject to confirmation by 
the Minister of Defence. 
 
5. Nigeria Police Tenders and Purchasing Board: The Board comprises a Chairman (the 
Permanent Secretary, Police Affairs) and the Deputy Inspector General of Police (Finance 
and Admin), all the heads of department, and the head of the finance and accounts 
department. Contracts awarded by the Board are to be confirmed by the Minister of 
Police Affairs. 
 
With respect to the Armed Forces/ Ministry of Defence Tenders Board and the Nigeria 
Police Tenders and Purchasing Board, the guidelines do not indicate any upper limits


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Police Tenders and Purchasing Board, the guidelines do not indicate any upper limits 
within which contracts can be awarded. Based on the general provisions of the guidelines 
regarding contracts in excess of US$400,000, it is assumed that such contracts for the 
Armed Forces/ Ministry of Defence Tenders Board and the Nigeria Police Tenders and 
Purchasing Board will be referred to the cabinet for approval. 
Board of Corporations and Parastatals:  
Powers of the Boards: 
6. a. Chief Executives of parastatals can make purchases or award contracts where the 
value is not above US$6,000 (approximately). However, not fewer than three written 
quotations should be obtained from suitably qualified contractors/suppliers. All expenses


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quotations should be obtained from suitably qualified contractors/suppliers. All expenses 
incurred under this policy are to be documented and reported to the chairman of the 
Board of Corporations and Parastatals on a quarterly basis for information. 
b. Contracts above US$6,000 but not more than US$170,000 are to be referred to the 
Board of Corporations/Parastatals. 
c. Contracts between US$170,000 and US$400,000 are to be referred to the Ministerial 
Tenders Board of the relevant supervising ministry of the corporation or parastatal for 
consideration. 
d. Federal Executive Council: The Council is to approve all contracts exceeding 
US$400,000 approximately. 
Offences  
7. Tender-splitting carried out deliberately in order to circumvent the provisions of the


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Offences  
7. Tender-splitting carried out deliberately in order to circumvent the provisions of the 
guidelines is a serious offence and is subject to disciplinary action. 
The nature of the disciplinary action that follows this offence is not stated, however. The 
guidelines lack the force of law, and the government may find itself unable to enforce the 
disciplinary measures successfully. 
Practices and Procedures to be Followed in the Approval of Tenders  
8. Competitive Tenders: The Ministerial Tenders Board must adopt open, competitive


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3 
 
tendering procedures. Where it is necessary to use selective, limited tender procedures, 
the Ministerial Tenders Board should carry out the selection of contractors or suppliers. 
a. Advertisement of tenders: Contracts above approximately US$80,000 must be 
advertised in at least two national dailies and/or in the government gazette. The 
advertisement is to be made at least six weeks before the deadline for submitting bids for 
goods. Notices of all other tenders below US$8,000 must be posted on the notice board 
of the procuring agencies. 
b. Opening of bid envelopes: The opening of bid envelopes must be carried out publicly at 
a designated date and time, immediately after the close of the bidding period, to avoid the 
bids being tampered with.


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a designated date and time, immediately after the close of the bidding period, to avoid the 
bids being tampered with. 
c. Criteria for evaluating the bids: The criteria for evaluating the bids should be clearly 
spelt out in the bidding document, and all contracts should be awarded on the basis of 
those criteria. 
d. Committee for evaluation of the bids: A committee made up of professionals will be set 
up to evaluate the bids. All involved in the approval process (members of the Evaluation 
Committee, Tenders Board and the approval authorities) are to declare any conflict of 
interest and exempt themselves from the bid evaluation and approval process. 
e. Publication of contract details: All awarded contracts with a value of US$165,000.00 and


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e. Publication of contract details: All awarded contracts with a value of US$165,000.00 and 
above should be published in two national dailies, with details of the contract, the name of 
the contractor and the contract price clearly stated. 
f. Contract variations: Contracts should be planned properly so as to avoid/ minimise 
variations. Contract variations should not be allowed except when absolutely necessary, 
subject to the approval and/or recommendation of the Ministerial Tenders Board (MTB). 
The method for determining price variation during contract execution must be 
incorporated into the contract. 
9. Security of Bids: All contracts with an estimated value of US$80,000 and above attract a 
bid security of not less than 2% of the bid price.


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bid security of not less than 2% of the bid price. 
 
10. A performance bank guarantee of 10% of the contract price should be obtained for all 
contracts in the region of US$80,000 and above. 
 
11. Procurement Plan: A procurement plan is to be drawn up every quarter to determine 
the requirement of funds for various government offices at different quarters during the 
fiscal year. Funds will be released on the basis of realistic, approved and updated 
procurement plans. 
 
12. International Procurement Agents of high repute may be enlisted to assist in medium 
and large-scale contracting where necessary. 
 
13. Mobilisation fee: Where a mobilisation fee is necessary and appropriate, it shall not 
exceed 25% of the contract amount. The guidelines provide for the mode of payment of


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4 
 
the fee.  
 
14. Payment of Interest on Delayed Payment: Where the Minister or Head of the Extra 
Ministerial Department d 
elays payment to the contractor, the payment will be made at the 
interest rate stipulated in the contract agreement. The interest will only be paid where 
there is a delay in settling the claim of more than 60 days from the date of submission of 
the contractors' invoice /valuation certificate and the authentication/ confirmation of the 
invoice by the relevant ministry. 
 
15. Registration of Contractors/ Suppliers: All eligible contractors/ suppliers are required 
to be registered with the Federal Ministry of Works and Housing or the respective 
ministries/extra-ministerial departments and must produce their VAT Registration


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ministries/extra-ministerial departments and must produce their VAT Registration 
Certificate before they are registered. 
 
16. Audit Inspection: Certified true copies of all contract agreements are to be sent to the 
office of the Auditor General of the Federation or its representatives at the various 
Ministries/extra-ministerial departments. All minutes of the Tenders Board's meetings 
must be made available for inspection by the office of the Auditor General for the 
Federation or his representative. The representative will co-sign the certificate releasing 
final payment. 
Conclusion  
Whilst the policy guidelines are to be applauded, especially the provisions regarding the 
tender process, it remains to be seen what steps will be taken to establish the PPC as the 
top policy-


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tender process, it remains to be seen what steps will be taken to establish the PPC as the 
top policy-
making body with the necessary monitoring and enforcement powers to ensure 
compliance with the objective of the guidelines. This may be accomplished through a 
private member's bill from the national legislature or through a bill sponsored by the 
government itself. Whichever way it is accomplished, the fact remains that these guidelines 
are certainly a step in the right direction.


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4. Supplier Selection: Submission & Evaluation 
Standard Operating Procedure (SOP) & Service Levels (SLAs) 
Version 1.0 | Dated 03 February 2026 
 
Purpose 
• Define how bids/proposals are received, secured, opened, evaluated and documented to ensure 
fairness, confidentiality, and selection of the lowest evaluated responsive bid (goods/works) or best-
evaluated proposal (services). 
• Establish integrity controls to prevent interference, bid rigging, or post-deadline alterations. 
Scope 
• Applies from receipt of bids/proposals through evaluation report approval and recommendation for 
award. 
• Covers goods/works bids (open competitive bidding) and consultant proposals (technical/financial). 
Roles & Responsibilities (minimum)


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Roles & Responsibilities (minimum) 
• Procurement Unit / Tenders Board Secretary: manages bid receipt, custody, bid opening logistics, and 
records (PPA 2007 s.27 & s.30). 
• Evaluation Committee/Sub-Committee: conducts examination and evaluation against published 
criteria; prepares evaluation report (PPA 2007 s.22(4); s.31-32). 
• Tenders Board: reviews evaluation report and recommends award within thresholds (PPA 2007 s.22). 
• Observers: two credible observers (private sector professional body + NGO) present; submit 
observations but do not intervene (PPA 2007 s.19(b)). 
• Accounting Officer: ensures compliance; resolves complaints and disputes (PPA 2007 s.19(f); s.20). 
Procedure (What to do, when, why, and how)


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Procedure (What to do, when, why, and how) 
1. Establish a secure bid receipt process: sealed envelopes; tamper-proof bid box; issue receipts with 
date/time (PPA 2007 s.27). 
2. Enforce deadline strictly: any bid received after deadline is returned unopened (PPA 2007 s.27(5)). 
3. Conduct public bid opening immediately after the submission deadline; register attendees; read out 
bidder name/address and bid totals/currency; record minutes (PPA 2007 s.30(b)-(e)). 
4. Maintain confidentiality after opening: do not disclose examination/evaluation information until award is 
notified (Goods & Works Regs 2007 para 14). 
5. Perform preliminary examination for eligibility, signature, responsiveness, and general orderliness (PPA 
2007 s.31(1)).


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2007 s.31(1)). 
6. Request clarifications only to assist examination/evaluation; prohibit changes in prices or substance (PPA 
2007 s.31(2)-(3)). 
7. Evaluate bids against stated criteria only; do not change criteria mid-process (PPA 2007 s.16(15) as 
reflected in the Act text; goods/works selection is lowest evaluated responsive bid) (PPA 2007 s.24(3); s.32-
33). 
8. Prepare an evaluation report including: evaluation methodology, responsiveness analysis, arithmetic 
corrections (if applicable), recommended bidder, and reasons for disqualification of others (best practice; 
consistent with transparency).


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9. Enable debriefing of unsuccessful bidders upon request (PPA 2007 s.19(e)). 
10. File all evaluation artefacts and minutes; ensure record completeness for audits and possible complaints 
(PPA 2007 s.38; Goods & Works Regs 2007 para 16). 
Required Records / Evidence 
• Bid receipt register and receipts. 
• Bid opening attendance register and signed minutes. 
• Confidential evaluation worksheets and scoring sheets (where applicable). 
• Clarification requests and responses (written). 
• Evaluation report with recommendation for award. 
• Observers’ reports (PPA 2007 s.19(b)). 
Key Controls (Integrity, Value-for-Money, Compliance) 
• Time-stamp control: system/physical log ensures no late bids are opened (PPA 2007 s.27(5)).


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• Time-stamp control: system/physical log ensures no late bids are opened (PPA 2007 s.27(5)). 
• Confidentiality control: restricted access to evaluation files; NDA/ethics declarations (Goods & Works 
Regs 2007 para 14; PPA 2007 s.57). 
• No-contact rule: no communication after publication except as permitted for clarifications (PPA 2007 
s.27(6); s.31(2)). 
• Anti-collusion screening: red flags review and escalation to BPP/anti-corruption bodies where needed 
(PPA 2007 offences; OECD integrity). 
Service Levels (SLAs) & Statutory Timelines 
Process point SLA / timeline Source Notes / evidence 
Bid opening timing Immediately after 
deadline 
PPA 2007 s.30(c) Minutes must show opening 
time 
Late bid handling Return unopened PPA 2007 s.27(5) Log late receipt 
Bidder complaint submission


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time 
Late bid handling Return unopened PPA 2007 s.27(5) Log late receipt 
Bidder complaint submission 
window 
≤15 working days 
after awareness 
Goods & Works 
Regs 2007 para 
17; PPA 2007 
s.54(2)(a) 
Record complaint date 
Accounting Officer response 
to complaint 
≤15 working days Goods & Works 
Regs 2007 para 
18; PPA 2007 
s.54(2)(b) 
Provide reasons/corrective 
action 
Appeal to BPP after AO 
decision 
≤10 working days Goods & Works 
Regs 2007 para 
19; PPA 2007 
s.54(3) 
Attach AO decision 
BPP decision on complaint ≤21 working days Goods & Works 
Regs 2007 para 
19; PPA 2007 
s.54(6) 
Decision in writing 
Minimum Compliance Data Points for an Exceptions-Reporting Platform 
• Bid deadline timestamp; bid opening timestamp (auto-flag if not immediate).


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• Bid deadline timestamp; bid opening timestamp (auto-flag if not immediate). 
• Bid receipt count; late-bid count; receipt IDs. 
• Observer attendance recorded (yes/no) and observer reports uploaded. 
• Evaluation start/end dates and evaluation report upload date.


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3 
• Complaint/appeal tracker with statutory time windows. 
References (in-line citations appear in brackets) 
• Nigeria: Public Procurement Act, 2007 (PPA 2007). 
• Nigeria: Public Procurement (Goods and Works) Regulations, 2007. 
• UNCITRAL Model Law on Public Procurement (2011) and Guide to Enactment. 
• World Bank Procurement Regulations for IPF Borrowers (7th ed., Sep 2025) and associated guidance on 
PPSD and Contract Management. 
• OECD Recommendation on Public Procurement (2015) and implementation guidance (2025).


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PUBLIC PROCUREMENT ACT, 2007 
 
ARRANGEMENT OFSECTIONS  
SECTION:   
PART I-ESTABLISHMENT OF NATIONAL COUNCIL ON PUBLIC PROCUREMENT  
1. Establishment of the National Council on Public Procurement and its  
membership.  
2. Functions of the Council.  
PART II – ESTABLISHMENT OF THE BUREAU OF PUBLIC PROCUREMENT  
3.  The establishment of the Bureau of Public Procurement.  
4.  Objectives of the Bureau.  
5.  Functions of the Bureau.  
6.  Powers of the Bureau.  
7.  Director-General and staff of the Bureau.  
8.  Principal officers of the Bureau.  
9.  Other staff of the Bureau.  
10.  Staff regulations.  
11.  Pension provisions.  
12.  Funds of the Bureau.  
13.  Financial year, budgeting and annual report.  
14.  Legal proceedings.  
          PART III-SCOPE OF APPLICATION


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14.  Legal proceedings.  
          PART III-SCOPE OF APPLICATION   
15. Scope of application.  
PART IV-FUNDAMENTAL PRINCIPLES FOR PROCUREMENTS  
16.  Fundamental Principles for Procurement.  
PART V- ORGANISATION OF PROCUREMENTS  
17.  Approving authority.  
18.  Procurement planning.  
19.  Procurement implementation.  
20.  Accounting officer.  
21.  Procurement planning committee.  
22.  Tenders board.  
23.  Pre-qualification of bidders.  
24.  Open competitive bidding.  
 
 
 
 
 
 
 
 
 
2007 No. 14   Public Procurement Act  
 
PART VI-PROCUREMENT METHODS (GOODS AND SERVICES)  
25.    Invitations to bid.


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26.    Bid security.  
27.     Submission of bids.  
28.  Rejection of bids.  
29.     Validity period of bids, modification and withdrawal of tenders.  
30.     Bid opening.  
31.     Examination of bids.  
32.  Evaluation of bids.  
33.     Acceptance of bids.  
34.  Domestic preferences.  
35.  Mobilization fees.  
36.     Contract performance guarantee.  
37.  Interest on delayed payments.  
38.  Record of procurement proceedings.  
PART VII-SPECIAL AND RESTRICTED METHODS OF PROCUREMENT  
39.  Two stage tendering.  
40.  Restricted tendering.  
41.  Request for quotations.  
42.  Direct procurement.  
43.  Emergency procurements.  
PART VII-PROCUREMENT OF CONSULTANT (SERVICES)  
44.  Expressions of interest to provide services for ascertained needs.


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44.  Expressions of interest to provide services for ascertained needs.  
45.  Request for proposals to provide services for unascertained needs.  
46.  Content of the requests for proposals.  
47.  Clarification and modification of requests for proposals.  
48.  Submission of proposals.  
49.  Criteria for evaluation of proposals.  
50.  General selection procedure (services).  
51.  Procedure for selection of proposal where price is a factor.  
52.  Selection procedure where price is not a factor.  
PART IX-PROCUREMENT SURVEILLANCE AND REVIEW  
53.  Bureau to recommend investigation.  
54.  Administrative Review.  
PART X-DISPOSAL OF PUBLIC PROPERTY  
55.  Disposal of public property.  
56.  Planning of disposals.  
 
 
 
 
 
 
 
 
 
Public Procurement Act  
PART XI-CODE OF CONDUCT


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56.  Planning of disposals.  
 
 
 
 
 
 
 
 
 
Public Procurement Act  
PART XI-CODE OF CONDUCT  
57.    Code of conduct for public procurement.


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PART XII-OFF'ENCES  
58.    Offences relating to public procurement.  
PART XIII-MISCELLANEOUS  
59.  Miscellaneous.  
60.  Interpretation.  
61.  Short Title.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PUBLIC PROCUREMENT ACT, 2007  
2007 ACT No. 14  
AN ACT TO ESTABLISH THE NATIONAL COUNCIL ON PUBLIC PROCUREMENT AND THE  
BUREAU OF PUBLIC PROCUREMENT AS THE REGULATORY AUTHORITIES RESPONSIBLE FOR THE  
MONITORING AND OVERSIGHT OF PUBLIC PROCUREMENT, HARMONIZING THE EXISTING  
GOVERNMENT POLICIES AND PRACTICES BY REGULATING, SETTING STANDARDS AND DEVELOPING  
THE LEGAL FRAMEWORK AND PROFESSIONAL CAPACITY F'OR PUBLIC PROCUREMENT IN NIGERIA;  
AND FOR RELATED MATTERS.  
[4th Day of June, 2007]  
ENACTED by the National Assembly of the Federal Republic of Nigeria :


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[4th Day of June, 2007]  
ENACTED by the National Assembly of the Federal Republic of Nigeria :  
PART I-ESTABLISHMENT OF NATIONAL COUNCIL ON PUBLIC PROCUREMENT  
1.-(1) There is established the National Council on Public Procurement (in this  
Commence-  
ment.  
 
 
 
Establishment  
or the  
National  
Council on  
Public  
Procurement  
and its  
membership.


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Act referred to as "the Council").  
(2) The Council shall consist of :  
(a) the Minister of Finance as Chairman  
(b) the Attorney-General and Minister of Justice of the Federation  
(c) the Secretary to the Government of the Federation  
(d) the Head of Service of the Federation;  
(e) the Economic Adviser to the President  
(f)  six part-time members to represent;  
(i)  Nigeria Institute of Purchasing and Supply Management  
(ii) Nigeria Bar Association;  
(iii) Nigeria Association of Chambers of Commerce, Industry, Mines and  
Agriculture ;  
(iv) Nigeria Society of Engineers;   
(v) Civil Society;  
(vi) the Media ; and  
(g) the Director-General of the Bureau who shall be the Secretary of the Council.  
(3) Notwithstanding the provisions of Section (2), the Council may co-opt any


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(3) Notwithstanding the provisions of Section (2), the Council may co-opt any  
person to attend its meeting but the person so co-opted shall not have a casting vote  
or be counted towards quorum.  
(4) The Chairman and other members of the Council shall be appointed by the  
President.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
              2007 No. 
14   Public Procurement Act  
 
 
(5) Subject to subsection (2) of this Section. a member of the Council being:  
       (a) the holder of an elective office under the Constitution of Nigeria, shall hold  
office for a period he remains so elected and no more ; and  
(b) the Director-General of the Bureau. shall hold office on such terms and  
conditions as may be specified in his letter of appointment.  
2. The Council shall:


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conditions as may be specified in his letter of appointment.  
2. The Council shall:  
(a) consider, approve and amend the monetary and prior review thresholds for  
the application of the provisions of this Act by procuring entities  
(b) consider and approve policies on public procurement ;  
 
 
 
 
 
 
Functions of  
the Council.


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(c) approve the appointment of the Directors of the Bureau  
(d) receive and consider, for approval, the audited accounts of the Bureau of  
Public Procurement; and  
(e)  "approve changes in the procurement process to adapt to improvements in  
modern technology"  
(f)  give such other directives and perform such other functions as may be  
necessary to achieve the objectives of this Act.  
PART II-ESTABLISHMENT OF THE BUREAU OF PUBLIC PROCUREMENT  
3 .. -(1) There is established an agency to be known as the Bureau of Public  
Procurement in this Act referred to as "the Bureau".  
(2) The Bureau:  
(a) shall be a body corporate with perpetual succession and a common seal  
      (b) may sue and be sued in its corporate name ; and


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(b) may sue and be sued in its corporate name ; and  
(c)  may acquire, hold or dispose of any property, movable or immovable for the  
purpose of carrying out any of its functions under this Act.  
4. The objectives of the Bureau are:  
(a) the harmonization of existing government policies and practices on public  
procurement and ensuring probity, accountability and transparency in the  
procurement process ;  
(b)  the establishment of pricing standards and benchmarks;  
(c) ensuring the application off air, competitive, transparent, value-for-money standards  
and practices for the procurement and disposal of public assets and services ; and  
(d)  the attainment of transparency, competitiveness, cost effectiveness and  
professionalism in the public sector procurement system.


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professionalism in the public sector procurement system.  
5. The Bureau shall:  
(a) formulate the general policies and guidelines relating to public sector  
procurement for the approval of the Council;  
(b) publicize and explain the provisions of this Act;  
 
 
 
 
 
Public Procurement Act               2007 No.14  
 
 
(c) subject to thresholds as may be set by the Council, certify Federal procurement  
prior to the award of contract ;  
(d)  supervise the implementation of established procurement policies ;  
(e) monitor the prices of tendered items and keep a national database of standard  
prices ;  
(f)  publish the details of major contracts in the procurement journal ;  
(g) publish paper and electronic editions of the procurement journal and maintain


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(g) publish paper and electronic editions of the procurement journal and maintain  
an archival system for the procurement journal ;  
(h) maintain a national database of the particulars and classification and  
categorization of federal contractors and service providers ;  
(i) collate and maintain in an archival system, all federal procurement plans and  
information ;  
(j) undertake procurement research and surveys :


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(k) organize training and development programmes for procurement professionals;  
(l)  periodically review the socio-economic effect of the policies on procurement  
and advise the Council accordingly;  
(m) prepare and update standard bidding and contract documents ;  
(n)  prevent fraudulent and unfair procurement and where necessary apply  
administrative sanctions ;  
(o) review the procurement and award of contract procedures of every entity to  
which this Act applies ;  
(p)  perform procurement audits and submit such report to the National Assembly  
bi-annually ;  
     (q) introduce, develop, update and maintain related database and technology;  
     (r) establish a single internet portal that shall, subject to Section 16 (21) to this


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(r) establish a single internet portal that shall, subject to Section 16 (21) to this  
Act serve as a primary and definitive source of all information on government  
procurement containing and displaying all public sector procurement information  
at all times; and  
(s) co-ordinate relevant training programs to build institutional capacity.  
6.-(1) The Bureau shall have the power to :  
(a) enforce the monetary and prior review thresholds set by the Council for the  
application of the provisions of this Act by the procuring entities ;  
(b) subject to the paragraph (a) of this subsection, issue certificate of "No  
Objection" for Contract Award" within the prior review threshold for all  
procurements within the purview of this Act:


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procurements within the purview of this Act:  
(c) from time to time stipulate to all procuring entities, the procedures and  
documentation pre-requisite for the issuance of Certificate of ' No Objection' under  
this Act;  
(d) where a reason exist :  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2007 No. 14   Public Procurement Act  
 
(i)  cause to be inspected or reviewed any procurement transaction to ensure  
compliance with the provisions of this Act,  
(ii)  review and determine whether any procuring entity has violated any  
provision of this Act;  
(e) debar any supplier, contractor or service provider that contravenes any  
provision of this Act and regulations made pursuant to this Act;  
(f) maintain a national database of federal contractors and service providers


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(f) maintain a national database of federal contractors and service providers  
and to the exclusion of all procuring entities prescribe classifications and  
categorizations for the companies on the register ;  
(g) maintain a list of firms and persons that have been debarred from participating  
in public procurement activity and publish them in the procurement journal ;  
(h) call for such information, documents, records and reports in respect of any  
aspect of any procurement proceeding where a breach, wrongdoing, default,  
Powers of the 
Bureau.


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mismanagement and or collusion has been alleged, reported or proved against a  
procuring entity or service provider ;  
(i)  recommend to the Council, where there are persistent or serious breaches of  
this Act or regulations or guidelines made under this Act for :  
(i)  the suspension of officers concerned with the procurement or disposal  
proceeding in issue ;  
(ii)  the replacement of the head or any of the members of the procuring or  
disposal unit of any entity or the Chairperson of the Tenders Board as the case  
may be ;  
(iii)  the discipline of the Accounting Officer of any procuring entity;  
(iv)  the temporary transfer of the procuring and disposal function of a  
procuring and disposing entity to a third party procurement agency or  
consultant ; or


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procuring and disposing entity to a third party procurement agency or  
consultant ; or  
(v)  any other sanction that the Bureau may consider appropriate;  
(j)  call for the production of books of accounts, plans, documents, and examine  
persons or parties in connection with any procurement proceeding ;  
(k) act upon complaints in accordance with the procedures set out in this Act ;  
(l) nullify the whole or any part of any procurement proceeding or award which  
is in contravention of this Act ;  
(m) do such other things as are necessary for the efficient performance of its  
functions under this Act ;  
(2) The Bureau shall serve as the Secretariat for the Council.  
(3) The Bureau shall, subject to the approval of the Council, have power to


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(3) The Bureau shall, subject to the approval of the Council, have power to  
(a) enter into contract or partnership with any company, firm or person which in  
its opinion will facilitate the discharge of its functions;  
(b) request for and obtain from any procurement entity information including  
 
 
 
 
 
 
 
 
 
 
Public Procurement Act   
2007 No. 14  
 
  
reports, memoranda and audited accounts, and other information relevant to its  
functions under this Act ; and  
(c) liaise with relevant bodies or institutions national and international for  
effective performance of its functions under this Act.  
7.-(1) There shall be for the Bureau, a Director-General who shall be appointed  
by the President, on the recommendation of the Council after competitive selections.


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by the President, on the recommendation of the Council after competitive selections.  
(2) The Director-General shall be :  
(a) the Chief Executive and accounting officer of the Bureau;  
(b) responsible for the execution of the policy and day to day administration of  
the affairs of the Bureau; and  
(c) a person who possesses the relevant and adequate professional qualification  
and shall have been so qualified for a period of not less than 15 years.  
(3) The Director-General shall hold office:  
 
 
 
 
 
Director-  
General and  
staff of the  
Bureau.


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(a) for a term of 4 years in the first instance and may be re-appointed for a further  
term of 4 years and no more ; and  
(b) on such terms and conditions as may be specified in his letter of appointment.  
(4) Without prejudice to the provisions of this Act, the Director-General of the  
Bureau may be removed from office at the instance of the President on the basis of  
gross misconduct of financial impropriety, fraud, and manifested incompetence proven  
by the Council.  
8.-(1) The Council shall appoint the principal officers for the Bureau after  
competitive selection process.  
(2) The principal officers appointed under Section 9(1) of this Section shall each  
have the requisite qualification and experience required for the effective performance


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have the requisite qualification and experience required for the effective performance  
of the functions of their respective Departments and the Bureau as specified under  
this Act.  
(3) The Council shall have power to modify the operational structure of the  
Bureau as may be necessary to enhance the Bureau's duties and functions under this  
Act.  
 
 
9.-(1) The Council may appoint such officers and other employees as may,  
from time to time, deem necessary for the purposes of the Bureau.   
 
(2) Subject to the Pension Reform Act, the terms and conditions of service  
(including remuneration, allowances, benefits and pensions) of officers and employees  
of the Bureau shall be as determined by the Council.


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of the Bureau shall be as determined by the Council.  
(3) Without prejudice to the generality of subsection this Section, the Council  
shall have power to appoint either on transfer or on secondment from any public  
service in the Federation, such number of employees as may, be required to assist the  
Bureau in the discharge of any of its functions under the Act and persons so employed  
shall be remunerated (including allowances) as the Council may consider appropriate.  
 
 
 
            2007 No. 14   Public Procurement Act  
 
 
10 .-(1) The Council may, subject to the provisions of this Act and within six  
months of the inauguration, make staff  regulations relating generally to the conditions  
of service of the employees of the Bureau and without prejudice to the foregoing,


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of service of the employees of the Bureau and without prejudice to the foregoing,  
such regulations may provide for :  
(a) the appointment, promotion and disciplinary control (including dismissal)  
of employees of the Bureau; and  
(b) appeals by such employees against dismissal or other disciplinary measures.  
(2) Until such regulations are made, any instrument relating to the conditions of  
service of officers in the civil service of the Federation shall be applicable.  
11. Employees of the Bureau shall be entitled to pensions, and other retirement  
benefits as prescribed under the Pension Act.  
12 .--- (1) The Bureau shall establish and maintain a Fund, to be approved by the  
Council into which shall be paid and credited:  
Staff  
Regulations.


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Council into which shall be paid and credited:  
Staff  
Regulations.  
 
 
 
 
 
 
 
 
 
 
 
Pension  
provisions.  
 
Funds of the  
Bureau.


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(a) the sums appropriated by the National Assembly for the running of the  
Bureau;  
(b) all subventions, fees and charges for services rendered or publications  
made by the Bureau; and  
(c) all other assets which may, from time to time, accrue to the Bureau.  
(2) The Bureau shall charge its fund to meet all its expenditure.  
(3) The Council may make regulations for the Bureau:  
(a) specifying the manner in which assets or the fund of the Bureau are to be  
held, and regulating the making of payment into and out of the fund; and  
(b) requiring the keeping of proper accounts and records for the purposes of  
the fund in such form as may be specified in the rules.  
(4) The Bureau may, from time to time, apply the proceeds of the fund for:


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(4) The Bureau may, from time to time, apply the proceeds of the fund for:  
        (a) the cost of administration of the Bureau;  
(b) the payments of salaries, fees and other remuneration, employees of the  
Bureau or experts or professionals appointed by the Bureau;  
(c) the maintenance of any property acquired by or vested in the Bureau; and  
        (d) any matter connected with all or any of the functions of the Bureau under  
this Act.  
(e) the payments of salaries, fees and other remuneration, of employees of the  
Bureau or experts or professionals appointed by the Bureau; and  
(f)  any expenditure connected with all or any of the functions of the Bureau  
under this Act.  
13 .-(1) The financial year of the Bureau shall be the same as that of the Federal  
Government.


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13 .-(1) The financial year of the Bureau shall be the same as that of the Federal  
Government.  
 
 
 
 
 
 
 
 
 
 
 
 
 
Public Procurement Act   2007 No. 14  
 
(2) Not later than 6 months before the end of the financial year, the Bureau shall  
submit to the Council an estimate of its expenditure and projected income during the  
next succeeding year.  
(3) The Bureau shall keep proper accounts and records of its receipts, payments,  
assets and liabilities and shall in respect of each financial year prepare a statement of  
account in such form as the Council may direct.  
(4) The Bureau shall within 6 months after the end of the financial year to which  
the accounts relate cause the accounts to be audited in accordance with guidelines


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the accounts relate cause the accounts to be audited in accordance with guidelines  
supplied by the Auditor-General of the Federation.  
(5) The Bureau shall at the end of each financial year, prepare and submit to the  
Council a report in such form as shall accurately capture all the activities of the Bureau  
during the preceding year and shall include in the report a copy of the audited accounts  
of the Bureau for that year.  
Legal 
proceedings.


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14 .-(1) Subject to the provisions of this Act, no suit shall be commenced  
against the Bureau before the expiration of 30 days after written notice of an intention  
to commence the suit shall have been served upon the Bureau by the intending plaintiff  
or his agent; and the notice shall clearly and explicitly state  
(a) the cause of action ;  
(b) the particulars of the claim  
(c) the name and address of legal practitioner of the intending plaintiff; and  
(d) the relief being sought.  
(2) The Director-General of the Bureau, its officers, employees or agents shall  
not personally be subject to any action, claim or demand by, or liable to any person in  
respect of anything done or omitted to be done in exercise of any functions or power


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respect of anything done or omitted to be done in exercise of any functions or power  
conferred by this Act upon the Bureau, its Director-General, officers, employees or  
agents.  
(3) A member of the Bureau or the Director-General or any officer or employee of  
the Bureau shall be indemnified out of the assets of the Bureau against any liability  
incurred by him in defending any proceeding, whether civil or criminal, if the proceeding  
is brought against him in his capacity as a member, Director-General, officer or other  
employee of the Bureau.  
(4) A notice, summons or other documents required or authorized to be served  
upon the Bureau under the provisions of this Act or any other law or enactment may be


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upon the Bureau under the provisions of this Act or any other law or enactment may be  
served by delivering it to the Director-General or by sending it by registered post and  
addressed to the Director-General at the principal office of the Bureau.  
PART III-SCOPE OF APPLICATION  
 
15 .-(1 ) The provisions of this Act shall apply to all procurement of goods,  
works, and services carried out by :  
(a) the Federal Government of Nigeria and all procurement entities;  
 
 
 
 
 
 
 
 
 
 
 
 
         2007 No. 14        Public Procurement Act  
 
 
(b) all entities outside the foregoing description which derive at least 35% of  
the funds appropriated or proposed to be appropriated for any type of procurement


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the funds appropriated or proposed to be appropriated for any type of procurement  
described in this Act from the Federation share of Consolidated Revenue Fund.  
(2) The provisions of this. Act shall not apply to the procurement of special  
goods, works and services involving national defence or national security unless the  
President's express approval has been first sought and obtained.  
PART IV-FUNDAMENTAL PRINCIPLES FOR PROCUREMENTS  
16 .-(1) Subject to any exemption allowed by this Act, all public procurement  
shall be conducted :  
(a) subject to the prior review thresholds as may from time to time be set by the  
Bureau pursuant to Section 7(1) (a)-(b) ;  
(b) based only on procurement plans supported by prior budgetary


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Bureau pursuant to Section 7(1) (a)-(b) ;  
(b) based only on procurement plans supported by prior budgetary  
appropriations and no procurement proceedings shall be formalized until the  
Fundamental  
Principles for  
procurement.


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procuring entity has ensured that funds are available to meet the obligations and  
subject to the threshold in the regulations made by the Bureau, has obtained a  
"Certificate of ‘No Objection’ to Contract Award" from the Bureau;  
(c) by open competitive bidding;  
(d)  in a manner which is transparent, timely, equitable for ensuring accountability  
and conformity with this Act and regulations deriving therefrom ;  
(e) with the aim of achieving value for money and fitness for purpose;  
(f) in a manner which promotes competition, economy and efficiency; and  
     (g) in accordance with the procedures and timeline laid down in this Act and as  
may be specified by the Bureau from time to time.  
(2) Where the Bureau has set prior review thresholds in the procurement


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(2) Where the Bureau has set prior review thresholds in the procurement  
regulations, no funds shall be disbursed from the Treasury or Federation Account or  
any bank account of any procuring entity for any procurement falling above the set  
thresholds unless the cheque, payments or other form of request for payments is  
accompanied by a certificate of "No Objection" to an award of contract duly issued  
by the Bureau.   
(3) For all cases where the Bureau shall set a prior review threshold, the Bureau  
shall prescribe by regulation, guidelines and the conditions precedent to the award of  
Certificate of "No Objection" under this Act.  
(4) Subject to the prior review thresholds as may be set by the Bureau, any


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(4) Subject to the prior review thresholds as may be set by the Bureau, any  
procurement purported to be awarded without a "Certificate of ' No Objection' to  
Contract Award" duly issued by the Bureau shall be null and void.  
(5) A supplier, contractor or service provider may be a natural person, a legal  
person or a combination of the two. Suppliers, contractors or service providers acting  
jointly are jointly and severally liable for all obligations and or responsibility arising  
from this Act and the non-performance or improper performance of any contract  
awarded pursuant to this Act.  
 
 
 
 
 
 
 
 
 
 
 
              Public Procurement Act           2007 
No. 14  
 
(6) All bidders in addition to requirements contained in any solicitation documents  
        shall


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No. 14  
 
(6) All bidders in addition to requirements contained in any solicitation documents  
        shall  
(a) possess the necessary:  
(i)  professional and technical qualifications to carry out particular  
procurements ;  
(ii)  financial capability;  
(iii)  equipment and other relevant infrastructure;  
(iv)  shall have adequate personnel to perform the obligations of the  
procurement contracts.  
(b) possess the legal capacity to enter into the procurement contract;  
(c) not be in receivership, the subject of any form of insolvency or bankruptcy  
proceedings or the subject of any form of winding up petition or proceedings;


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(d) have fulfilled all its obligations to pay taxes, pensions and social security  
contributions:  
(e) not have any director who has been convicted in any country for any criminal  
offence relating to fraud or financial impropriety or criminal misrepresentation or  
falsification of facts relating to any matter;  
(f)  accompany every bid with an affidavit disclosing whether or not any officer of  
the relevant committees of the procurement entity or Bureau is a former or present  
director, shareholder or has any pecuniary interest in the bidder and confirm that all  
information presented in its bid are true and correct in all particulars.  
(7) The procuring entity may require a bidder to provide documentary evidence or


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(7) The procuring entity may require a bidder to provide documentary evidence or  
other information it considers necessary as proof that the bidder is qualified in  
accordance with this Act and the solicitation documents and for this purpose any such  
requirements shall apply equally to all bidders.  
(8) Whenever it is established by a procuring entity or the Bureau that any or a 
combination of the situations set out exist, a bidder may have its bid or tender excluded  
from any particular procurement proceeding if:  
(a) there is verifiable evidence that any supplier, contractor or consultant has  
given or promised a gift of money or any tangible item, or has promised, offered or  
given employment or any other benefit, item or a service that can be quantified in


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given employment or any other benefit, item or a service that can be quantified in  
monetary terms to a current or former employee of a procuring entity or the Bureau, in  
an attempt to influence any action, or decision making of any procurement activity;  
(b) a supplier, contractor or consultant during the last three years prior to the  
commencement of the procurement proceedings in issue, failed to perform or to  
provide due care in performance of any public procurement ;  
(c)  the bidder is in receivership or is the subject of any type of insolvency  
proceedings or if being a private company under the Companies and Allied Matters  
Act, is controlled by a person or persons who are subject to any bankruptcy


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Act, is controlled by a person or persons who are subject to any bankruptcy  
proceedings or who have been declared bankrupt and or have made any compromises  
with their creditors within two calendar years prior to the initiation of the procurement  
proceeding ;    
 
 
 
 
 
 
 
 
 
 
                           2007 No. 14         Public Procurement Act  
 
(d) the bidder is in arrears regarding payment of due taxes, charges, pensions or  
social insurance contributions, unless such bidders have obtained a lawful permit  
with respect to allowance, deference of such outstanding payments or payment  
thereof in instalments ;  
(e) the bidder has been validly sentenced for a crime committed in conn ection  
with a procurement proceeding, or any other crime committed to gain financial


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with a procurement proceeding, or any other crime committed to gain financial  
profit ;  
(f)  the bidder has in its management or is in any portion owned by any person  
that has been validly sentence for a crime committed in connection with a  
procurement proceeding, or other crime committed to gain financial profit ; and  
(g) the bidder fail s to submit a statement regarding its dominating or subsidiary  
relationships with respect to other parties to the proceedings and persons acting  
on behalf of the procuring entity participating in same proceeding or whom remains  
in subordinate relationship with other participants to the proceedings.


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(9) In such cases the procuring entity shall inform the Bureau and person referred  
to in subsection (8) (a)-(g) of this Section, in writing that the bid or tender in question  
has been excluded and the grounds for the exclusion and to keep a record of same in  
the file pertaining to the public procurement proceeding in question.  
(10) All communications and documents issued by procuring entities and the  
Bureau shall be in English language.  
(11) All communications regarding any matter deriving from this Act or  
proceedings of public procurement shall be in writing or such other form as may be  
stipulated by the Bureau.  
(12) Every procuring entity shall maintain both file and electronic records of all


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stipulated by the Bureau.  
(12) Every procuring entity shall maintain both file and electronic records of all  
procurement proceedings made within each financial year and the procu rement records  
shall be maintained for a period often years from the date of the award.  
(13) Copies of all procurement records shall be transmitted to the Bureau not  
later than 3 months after the end of the financial year and shall show :  
(a) information identifying the procuring entity and the contractors  
(b) the date of the contract award ;  
(c) the value of the contract ; and  
(d) the detailed records of the procurement proceedings.  
(14) All unclassified procurement records shall be open to inspection by the  
public at the cost of copying and certifying the documents plus an administrative


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public at the cost of copying and certifying the documents plus an administrative  
charge as may be prescribed from time to time by the Bureau.  
(15) The criteria stipulated as the basis upon which suppliers or contractors  
would be evaluated shall not be changed in the course of any procurement proceeding.  
(16) The burden of proving fulfilment of the requirements for participation in  
any procurement proceeding shall lie on the supplier or contractor.  
(17) A contract shall be awarded to the lowest evaluated responsive bid from the  
bidders substantially responsive to the bid solicitation.  
 
 
 
 
 
 
 
 
 
 
Public Procurement Act   2007 No. 
14  
 
(18) Notwithstanding subsection (16) of this Section, the Bureau may refuse to


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14  
 
(18) Notwithstanding subsection (16) of this Section, the Bureau may refuse to   
issue a 'Certificate of "No Objection" to Contract Award' on the grounds that the  
price is excessive.  
(19) Pursuant to subsection (17) of this Section, the Bureau may direct either that  
the procurement proceedings be entirely cancelled or that the procuring entity conduct  
a re-tender.  
(20) Pursuant to subsection (18) of this Section, the Bureau may either direct that  
the procurement proceedings be entirely cancelled or that the procuring entity conduct  
a re-tender.  
(21) The accounting officer of a procuring entity and any office  to whom  
responsibility is delegated are responsible and accountable for any actions taken or


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responsibility is delegated are responsible and accountable for any actions taken or  
omitted to be taken either in compliance with or in contravention of this Act.


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(22) The accounting officer of a procuring entity has the responsibility to ensure  
that the provisions of this Act and the regulations laid down by the Bureau are complied  
with, and concurrent approval by any Tenders Board shall not absolve the accounting  
officer from accountability for anything done in contravention of this Act or the  
regulations laid down hereunder.  
(23) Procurement and disposal decisions of a procuring entity shall be taken in  
strict adherence to the provisions of this Act and any regulations as may from time to  
time be laid down by the Bureau.  
(24) Persons who have been engaged in preparing for a procurement or part of  
the proceedings thereof may neither bid for the procurement in question or any part


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the proceedings thereof may neither bid for the procurement in question or any part  
thereof either as main contractor or sub-contractor nor may they cooperate in any  
manner with bidders in the course of preparing their tenders.  
(25) A procuring entity shall not request or stipulate that a bidder should engage  
a particular subcontractor as a requirement for participating in any procurement  
proceedings.  
(26) All procurement contracts shall contain provisions for arbitral proceedings  
as the primary forms of dispute resolution.  
(27) The values in procurement documents shall be stated in Nigerian currency  
and where stated in a foreign currency shall be converted to Nigerian currency using


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and where stated in a foreign currency shall be converted to Nigerian currency using  
the exchange rate of the Central Bank of Nigeria valid on the day of opening a tender  
or bid.  
(28) All procurement contracts shall contain warranties for durability of goods,  
exercise of requisite skills in service provision and use of genuine materials and inputs  
in execution.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2007 No. 14   Public Procurement Act  
 
 
17. Subject to the monetary and prior review thresholds for procurements in  
this Act as may from time to time be determined by the Council, the following shall be  
the approving authority for the conduct of public procurement :  
(a) in the case of :  
(i)  a government agency parastatal, or corporation, a Parastatals Tenders  
Board ; and,


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(a) in the case of :  
(i)  a government agency parastatal, or corporation, a Parastatals Tenders  
Board ; and,  
(ii)  a ministry or extra-ministerial entity, the Ministerial Tender Board.  
18 . Subject to regulations as may from time to time be made by the Bureau  
under the direction of the Council, a procuring entity shall plan its procurement by  
(a) preparing the needs assessment and evaluation;  
(b) identifying the goods, works or services required;  
(c) carrying appropriate market and statistical surveys and on that basis prepare  
an analysis of the cost implications of the proposed procurement ;  
Approving  
authority.  
 
 
 
 
 
 
 
 
Procurement  
planning.


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(d)  aggregating its requirements whenever possible, both within the procuring  
entity and between procuring entities, to obtain economy of scale and reduce  
procurement cost;  
(e) integrating its procurement expenditure into its yearly budget ;  
(f) prescribing any method for effecting the procurement subject to the necessary  
approval under this Act; and  
(g) ensuring that the procurement entity functions stipulated in this Section  
shall be carried out by the Procurement Planning Committee.  
19. Subject to regulations as may from time to time be made by the Bureau  
under direction of Council, a procuring entity shall; in implementing its procurement  
plans :  
(a) advertise and solicit for bids in adherence to this Act and guidelines as may


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plans :  
(a) advertise and solicit for bids in adherence to this Act and guidelines as may  
be issued by the Bureau from time to time;  
(b) to invite two credible persons as observers in every procurement process,  
one person each representing a recognized;  
(i)  private sector professional organisation whose expertise is relevant to  
the particular goods or service being procured, and  
(ii)  non-governmental organisation working in transparency, accountability  
and anti-corruption areas, and the observers shall not intervene in the procurement  
process but shall have right to submit their observation report to any relevant  
agency or body including their own organisations or associations;  
(c) receive, evaluate and make a selection of the bids received in adherence to


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(c) receive, evaluate and make a selection of the bids received in adherence to  
this Act and guidelines as may be issued by the Bureau from time to time;  
(d) obtain approval of the approving authority before making an award;  
(e) debrief the bid losers on request;  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Public Procurement Act   
2007 No. 14   
 
 
 (f)  resolve complaints and disputes if any;  
(g) obtain and confirm the validity of any performance guarantee  
(h) obtain a "Certificate of 'No Objection' to Contract Award" from the Bureau  
within the prior review threshold as stipulated in Section 3 (a) of this Act ;  
(i)  execute all Contract Agreements ; and  
(j)  Announce and publicize the award in the format stipulated by this Act and


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(j)  Announce and publicize the award in the format stipulated by this Act and  
guidelines as may be issued by the Bureau from time to time.  
20 .-(1) The accounting officer of a procuring entity shall be the person charged  
with line supervision of the conduct of all procurement processes ; in the case of  
ministries the Permanent Secretary and in the case of extra-ministerial departments and  
corporations the Director-General or officer of co-ordinate responsibility.  
Accounting  
officer.  
Procurement  
planning  
committee.


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(2) The accounting officer of every procuring entity shall have overall  
responsibility for the planning of, organization of tenders, evaluation of tenders and  
execution of all procurements and in particular shall be responsible for :  
(a) ensuring compliance with the provisions of this Act by his entity and liable  
in person for the breach or contravention of this Act or any regulation made  
hereunder whether or not the act or omission was carried out by him personally or  
any of his subordinates and it shall not be material that he had delegated any  
function duty or power to any person or group of persons ;  
(b) constituting the Procurement Committee and its decisions ;  
(c)  ensuring that adequate appropriation is provided specifically for the


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(c)  ensuring that adequate appropriation is provided specifically for the  
procurement in the Federal budget ;  
(d) integrating his entity's procurement expenditure into its yearly budget ;  
(e) ensuring that no reduction of values or splitting of procurements is carried  
out such as to evade the use of the appropriate procurement method ;  
(f) constituting the Evaluation Committee ;  
(g) liaising with the Bureau to ensure the implementation of its regulations.  
21 .-(1) For each financial year each procuring entity shall establish a  
Procurement Planning Committee.  
(2) The Procurement Planning Committee shall consist of  
(a) the accounting officer of the procuring entity or his representative who shall  
chair the Committee ;  
(b) a representative of :


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chair the Committee ;  
(b) a representative of :  
(i)  the procurement unit of the procuring entity who shall be the Secretary,  
(ii)  the unit directly in requirement of the procurement,  
(iii)  the financial unit of the procuring entity,  
(iv)  the planning, research and statistics unit of the procuring entity,  
(v)  technical personnel of the procuring entity with expertise in the subject  
matter for each particular procurement, and  
(vi)  the legal unit of the procuring entity.  
 
  
 
 
 
 
 
 
 
 
 
2007 No. 14  
Public Procurement Act  
 
22 .-(1) There is hereby established by this Act in each  procuring entity a  
tenders board (in this Act referred to as "the Tenders Board").  
(2) Subject to the approval of the Council, the Bureau shall. from time to time,


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(2) Subject to the approval of the Council, the Bureau shall. from time to time,  
prescribe guidelines for the membership of the Tenders Board.  
(3) The Tenders Board shall be responsible for the award of procurements of  
goods, works and services within the threshold set in the regulations.  
(4) In all cases where there is a need for pre-qualification, the Chairman of  the  
Tenders Board shall constitute a technical evaluation sub-committee of  the Tenders  
Board charged with the responsibility for the evaluation of bids which shall be made  
up of professional staff of the procuring entity and the Secretary of the Tenders  
Board who shall also be the Chair of the Evaluation Sub-committee.  
 
Tenders  
board.  
 
 
 
 
 
 
 
 
 
 
 
 
Prequalification 
or bidders 
.


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(5) The decision of the Tenders Board shall be communicated to the Minister  
tor implementation.  
23 .-(1) Where a procuring entity has made a decision with respect to the  
 minimum qualifications of suppliers, contractors or service providers by requesting  
interested persons to submit applications, to pro-qualify, it shall set out precise criteria  
upon which it seeks to give consideration to the applications and in reaching a  
decision as to which supplier, contractor or service provider qualifies, shall apply  
only the criteria set out in the prequalification documents and no more.  
(2) Procuring entities shall supply a set of prequalification documents to each  
supplier, contractor or consultant that request them, and the price that a procuring


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supplier, contractor or consultant that request them, and the price that a procuring  
entity may charge for the prequalification documents shall reflect only the cost of  
printing and provision to suppliers or contractors and consultants.  
(3) The prequalification document shall include :  
(a) instructions to prepare and submit prequalification application  
(b) a summary of the main terms and conditions required for the procurement  
contract to be entered  into as a result of the procurement proceedings ;  
(c) any documentary evidence or other information that must be submitted by  
suppliers, contractors or consultants to demonstrate their qualifications :  
(d) the manner and place for the submission of appl ications to pro-qual ify and


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(d) the manner and place for the submission of appl ications to pro-qual ify and  
the deadline for the submission, expressed as a specific date and time which allows  
sufficient time for suppliers, contractors or consultants to prepare and submit their  
applications, taking into account the reasonable need of the procuring entity ;  
and  
(e) any other requirement that may be established by the procuring entity in  
conformity with this Act and procurement regulations relating to the preparation  
and submission of applications to pro-qualify and to the prequalification  
proceedings.  
(4) The procurement entity shall respond to any request by a supplier, contractor  
or consultant for Clarification of the prequalification documents if the request is made


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or consultant for Clarification of the prequalification documents if the request is made  
 
 
 
 
 
 
 
 
 
 
 
Public Procurement Act   
2007 No. 14  
 
 
at least ten days before the deadline for the submission of applications to pre-qualify.  
(5) The response by the procuring entity shall be given within a reasonable time  
and in any event within a period of at most seven working days so as to enable the  
supplier, contractor or consultant to make a timely submission of its application to pre-  
qualify.  
(6) The response to any request that might reasonably be expected to be of  
interest to other supplier, contractor or consultant shall, without identifying the source  
of the request, be communicated to other suppliers or contractors or consultants


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of the request, be communicated to other suppliers or contractors or consultants  
provided with the prequalification documents by the procuring entity.  
(7) A procuring entity shall promptly notify each supplier, contractor or consultant  
which submitted an application to pre-qualify of whether or not it has been pre-qualified


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and shall make available to any member of the general public upon request, the names  
of the suppliers, contractors or consultants who have been pre-qualified.  
(8) Suppliers, contractors or consultants who have been pre-qualified may  
participate further in the procurement proceedings.  
(9) The procuring entity shall upon request communicate to suppliers, contractors  
or consultants who have not been pre-qualified, the grounds for disqualification.  
(10) The procuring entity may require a supplier, contractor or service provider  
who has been pre-qualified to demonstrate its qualifications again in accordance with  
the same criteria used to pre-qualify the supplier, contractor or consultant.  
(11) The procuring entity shall promptly notify each supplier, contractor or service


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(11) The procuring entity shall promptly notify each supplier, contractor or service  
provider requested to demonstrate its qualifications again whether or not the supplier,  
contractor or consultant has done so to the satisfaction of the procuring entity.  
(12) The procuring entity shall disqualify any supplier, contractor or service  
provider who fails to demonstrate its qualification again if requested to do so.  
PART VI-PROCUREMENT METHODS (GOODS AND SERVICES)  
24 .-(1) Except as provided by this Act, all procurements of goods and works  
by all procuring entities shall be conducted by open competitive bidding.  
(2) Any reference to open competitive bidding in this Act means the process by


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(2) Any reference to open competitive bidding in this Act means the process by  
which a procuring entity based on previously defined criteria, effects public procurements  
by offering to every interested bidder, equal simultaneous information and opportunity  
to offer the goods and works needed.  
(3) The winning bid shall be that which is the lowest evaluated responsive bid  
which has been responsive to the bid with regards to work specification and standard.  
25. -(1) Invitations to bid may be either by way of National Competitive Bidding  
or International Competitive Bidding and the Bureau shall from time to time set the  
monetary thresholds for which procurements shall fall under either system.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2007 No. 
14   Public Procurement Act


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2007 No. 
14   Public Procurement Act  
 
 
(2)  Every invitation to an open competitive bid shall:  
(i)  in the case of goods and works under International Competitive Bidding, the  
invitation for bids shall be advertised in at least two national newspapers and one  
relevant internationally recognised publication, any official websites of the  
procuring entity and the Bureau as well as the procurement journal not less than  
six weeks before the deadline for submission of the bids for the goods and works,  
(ii)  in the case of goods and works valued under National Competitive Bidding,  
the invitation for bids shall be advertised on the notice board of the procuring


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the invitation for bids shall be advertised on the notice board of the procuring  
entity, any official web sites of the procuring entity, at least two national newspapers,  
and in the procurement journal not less than six weeks before the deadline for  
submission of the bids for the goods and works.  
Open  
competitive  
bidding.  
 
 
 
 
 
 
 
 
 
Invitations to 
bid. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Bid security.


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26 .-(1) Subject to the monetary and prior review thresholds as may from time  
to time be set by the Bureau all procurements valued in excess of the sums prescribed  
by the Bureau shall require a bid security in an amount not more than 2% of the bid  
price by way of a bank guarantee issued by a reputable bank acceptable to the  
procuring entity.  
(2) The Bureau shall from time to time specify the principal terms and conditions  
of the required bid security in the tender documents.  
(3) When the procuring entity requires suppliers or contractors submitting  
tenders to provide a bid security the requirement shall apply to each supplier or  
contractor.  
 
27 .-(1) All bids in response to an invitation to open competitive bidding shall


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contractor.  
 
27 .-(1) All bids in response to an invitation to open competitive bidding shall  
be submitted in writing and in addition to any other format stipulated in the tender  
documents, signed by an official authorized to bind the bidder to a contract and  
placed in a sealed envelop.  
(2) All submitted bids shall be deposited in a secured tamper-proof bid-box.  
          (3) All bids submitted shall be in English language.  
(4) The procuring entity shall issue a receipt showing the date and time the bid  
was delivered.  
(5) Any bid received after the deadline for the submission of bids shall not be  
opened and must be returned to the supplier or contractor which submitted it.  
(6) No communication shall take place between procuring entities and any


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(6) No communication shall take place between procuring entities and any  
supplier or contractor after the publication of a bid solicitation other than as provided  
in this Act.  
 
28 . A procuring entity may :  
(a) reject all bids at any time prior to the acceptance of a bid, without incurring  
thereby any liability to the bidders ; and  
(b) cancel the procurement proceedings in the public interest, without incurring  
any liability to the bidders.  
 
 
 
 
 
 
 
 
 
 
 
 
   Public Procurement Act   
2007 No. 14  
 
29 .-(1) The period of validity for a bid shall be the period specified in the tender  
documents.  
(2) A procuring entity may request suppliers or contractors to extend the period  
of validity for an additional specified period of time.


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of validity for an additional specified period of time.  
(3) A supplier or contractor may refuse the request for the extension of bid, in  
which case the effectiveness of its bid will terminate upon the expiration of the un-  
extended period of effectiveness.  
(4) A supplier or contractor may modify or withdraw its bid prior to the deadline  
for the submission of bids.  
.  
Validity  
period 0f  
bids,  
modification  
and  
withdrawal of  
tenders. 
 
 
 
 
 
Bid opening


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(5) The modification or notice of withdrawal is effective if it is received by the  
procurement entity before the deadline for the submission of tenders.  
30. All bids shall be submitted before the deadline or date specified in the tender .  
documents or any extension of the deadline for submission and the procuring entity  
shall:  
(a) permit attendees to examine the envelopes in which the bids have been  
submitted to ascertain that the bids have not been tampered with ;  
(b) cause all the bids to be opened in public, in the presence of the bidders or  
their representatives and any interested member of the public ;  
(c)  ensure that the bid opening takes place immediately following the deadline  
stipulated for the submission of bids or any extension thereof ;


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stipulated for the submission of bids or any extension thereof ;  
(d)  ensure that a register is taken of the names and addresses of all those present  
at the bid opening and the organizations they represent which is recorded by the  
Secretary of the tenders board ; and  
(e) call-over to the hearing of all present, the name and address of each bidder,  
the total amount of each bid, the bid currency and shall ensure that these details are  
recorded by the Secretary of the Tenders board or his delegate in the minutes of the  
bid opening.  
31 . -(1) All bids shall be first examined to determine if they :  
(a) meet the minimum eligibility requirements stipulated in the bidding documents  
(b) have been duly signed ;  
(c) are substantially responsive to the bidding documents ; and


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(b) have been duly signed ;  
(c) are substantially responsive to the bidding documents ; and  
(d)  are generally in order.  
(2) A procuring entity may ask a supplier or a contractor for clarification of its bid  
submission in order to assist in the examination, evaluation and comparison of bids.  
(3) The following shall not be sought, offered or permitted  
(a) changes in prices ;  
(b) changes of substance in a bid ; and  
(c)  changes to make an unresponsive bid responsive.    
 
 
       2007 No. 14                  
Public Procurement Act  
 
(4) Notwithstanding sub-Section (3) of this Section, the procuring entity may  
correct purely arithmetical errors that are discovered during the examination of tenders.


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correct purely arithmetical errors that are discovered during the examination of tenders.  
(5) The procuring entity shall give prompt notice of the correction to the supplier  
or contractor that submitted the tender.  
(6) A major deviation shall result in a rejection of bid while a minor deviation  
shall be subject to clarification.


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(7) The following shall be considered as major deviations  
(a) with respect to clauses in an offer  
(i)  unacceptable sub-contracting,  
(ii)  unacceptable time schedule if time is of essence,  
(iii)  unacceptable alternative design, and  
(iv)  unacceptable price adjustment.  
(b) with respect to the status of the bidder  
(i)  the fact that he is ineligible or not pre-qualified, and  
(ii)  the fact that he is uninvited ;  
(c) with respect to bid documents an unsigned bid  
(d) with respect to time, date and location for submission  
(i)  any bid received after the date and time for submission stipulated in the  
solicitation document,  
(ii)  any bid submitted at the wrong location.  
(8) In cases of major deviations, bids shall not be considered any further and,


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(8) In cases of major deviations, bids shall not be considered any further and,  
where unopened, shall be returned as such to the bidder.  
(9) In all cases of rejection, a letter stipulating the reasons for rejection shall be  
sent, and the bidder shall not be permitted to amend his bid to become compliant.  
(10) Subject to any provision to the contrary, the following shall be considered  
as minor deviations :  
(a) the use of codes :  
(b) the difference in standards  
(c) the difference in materials  
(d) alternative design ;  
(e) alternative workmanship  
(f)  modified liquidated damages  
(g) omission in minor items ;  
(h) discovery of arithmetical errors  
(i)  sub-contracting that is unclear and questionable  
(j)  different methods of construction ;


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(j)  different methods of construction ;  
 
 
 
 
 
 
 
 
 
 
 
Public Procurement Act    2007 No. 14  
 
  
(k) difference in final delivery date ;  
(l)  difference in delivery schedule ;  
(m) completion period where these are not of essence  
(n)  non-compliance with some technical local regulation  
(o) payment terms ; and


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(p) any other condition that has little impact on the bid.  
(11) In cases not mentioned above and where there exists a doubt as to whether  
a particular condition in a bid is a major or a minor deviation, the following rules shall  
apply:  
(a) where the impact on the costs is major, it shall be regarded as a major deviation ;  
and  
(b) where the impact on the costs is minor, it shall be regarded as a minor deviation.  
(12) In cases of minor deviations, written clarification may be obtained from the  
supplier or contractor and, where applicable, an offer made for the correction of the  
minor deviation.  
(13) Where a supplier or contractor does not accept the correction of a minor  
deviation, his bid shall be rejected.


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(13) Where a supplier or contractor does not accept the correction of a minor  
deviation, his bid shall be rejected.  
(14) At the stage of evaluation and comparison, all minor deviations shall be  
quantified in monetary terms.  
(15) For the rejection of a bid, a written notice shall be given promptly to the  
supplier.  
32 .-(1)  For the evaluation and comparison of bids that have been adjudged as  
valid for the purposes of evaluation, no other method or criteria shall be used except  
those stipulated in the solicitation documents.  
(2) The objective of bid evaluation shall be to determine and select the lowest  
evaluated responsive bid from bidders that have responded to the bid solicitation.  
(3) In the course of its determination of the lowest evaluated responsive bid from


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(3) In the course of its determination of the lowest evaluated responsive bid from  
the bidders that have responded to the bid solicitation the Tenders Board shall, in  
particular, undertake the following processes as applicable :  
(a) checking of deviations ;  
(b) checking of omissions with quantification of same ;  
(c) application of discounts, as applicable ;  
(d) clarification with bidders of questionable minor deviations  
(e) quantification in monetary terms of such questionable deviations  
(f)  conversion to common currency ;  
(g) calculation and tabulation of bid amount with domestic preference where  
applicable ;  
(h) determination of the lowest calculated prices in order of rank ;  
 
 
 
 
 
 
 
 
 
 
2007 No. 14   Public Procurement Act


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2007 No. 14   Public Procurement Act  
 
 
(i) post-qualification of bidders, where applicable ;  
(j) listing of rejection of bids, where applicable ;  
(k) decision of rejection of allbids where justifiable  
(l)  recommendation for award ; and .  
 .    
(m)  writing up of the bid evaluation report.  
Evaluation of bids.


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(4) All relevant factors, in addition to price, that will be considered for the  
purposes of bid evaluation and the manner in which such factors will be applied shall  
be stipulated in the.solicitation documents.  
(5) Such factors shall be calculated in monetary terms as stipulated in the  
solicitation documents and shall include :  
(a) for goods, among others, costs of transportation and insurance, payment  
schedule, delivery time, operating costs, efficiency, compatibility of the equipment,  
availability of services and spare parts, related training, safety, environmental  
benefits or losses by damages ;  
(b) for works, in addition to factors stipulated in Section 34{ I) of this Act, and  
subject to Section 34(2) of this Act, if time is a critical factor, the value of early


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subject to Section 34(2) of this Act, if time is a critical factor, the value of early  
completion ; and  
(c) the value of early completion under Section 35(2) of this Act shall not be  
taken into account unless, in conformity with criteria pre-set in the bidding  
documents, the conditions of contract provide for commensurate penalties in case,  
oflate delivery.  
(6) When bid prices are expressed in two or more currencies, the prices of all  
bids shall be converted to Nigerian currency, according to the rate and date of rate  
specified in the solicitation documents.  
(7) If suppliers were pre-qualified, verification of the information provided in  
the submission for prequalification shall be confirmed at the time of award of contract


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the submission for prequalification shall be confirmed at the time of award of contract  
. and award may be denied to a bidder who no longer has the capability or resources to  
successfully perform the contract.  
(8) After opening of bids, information relating to the examination, clarification  
and evaluation of bids and recommendations concerning award shall not be disclosed  
to bidders or to persons not officially concerned with the evaluation process until the  
successful bidder is notified of the award.  
33 .-(1)The successful bid shall be that submitted by the lowest cost bidder  
from the bidders responsive as to the bid solicitation.  
(2) Notwithstanding subsection of this Section, the selected bidder needs not


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(2) Notwithstanding subsection of this Section, the selected bidder needs not  
be the lowest cost bidder provided the procuring entity can show good grounds  
derived from the provisions of this Act to that effect.  
(3) Notice of the acceptance of the bid shall immediately be given to the  
successful bidder.  
 
 
 
 
 
 
 
 
 
 
Public Procurement Act      
2007 No. 14   
 
 
34 .-(1 ).A procuring entity may grant a margin of preference in the evaluation of  
tenders, when comparing tenders from domestic bidders with those from foreign bidders  
or when comparing tenders from domestic suppliers offering goods manufactured  
locally with those offering goods manufactured abroad.  
Acceptance  
of bids.  
 
Domestic 
preferences.


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(2) Where a procuring entity intends to allow domestic preferences, the bidding  
documents shall clearly indicate any preference to be granted to domestic suppliers  
and contractors and the information required to establish the eligibility of a bid for  
such preference.  
(3) Margins of preference shall apply only to tenders under international  
competitive bidding.  
(4) The Bureau shall by regulation from time to time set the limits and the formulae  
for the computation of margins of preference and determine the contents of goods  
manufactured locally.  
35 .-(1) In addition to any other regulations as may be prescribed by the Bureau,  
a mobilization fee of not more than 15'% may be paid to a supplier or  
contractor supported by the following .:


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a mobilization fee of not more than 15'% may be paid to a supplier or  
contractor supported by the following .:  
(a) in the case of National Competitive Bidding - an unconditional bank guarantee  
or insurance bond issued by an institution acceptable to the procuring entity ; and  
(b)  in the case of International Competitive Bidding - an unconditional bank  
guarantee issued by a banking institution acceptable to the procuring entity.  
(2) Once a mobilization fee has been paid to any supplier or contractor, no further  
payment shall be made to the supplier or contractor without an interim performance  
certificate issued in accordance with the contract agreement.  
36. The provision of a Performance Guarantee shall be a precondition for the


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36. The provision of a Performance Guarantee shall be a precondition for the  
award of any procurement contract upon which any mobilization fee is to be paid,  
provided however it shall not be less than 10% of the contract value in any case or an  
amount equivalent to the mobilization fee requested by the supplier or contractor-  
whichever is higher.  
37 .-(1) Payment for the procurement of goods, works, and services shall be  
 
settled promptly and diligently.   
(2)Any payment due for more than sixty days from the date of the submission of  
the invoice, valuation certificate or confirmation or authentication by the Ministry,  
Extra-Ministerial Office, government agency, parastatal or corporation shall be deem a  
delayed payment.


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Extra-Ministerial Office, government agency, parastatal or corporation shall be deem a  
delayed payment.  
(3) All delayed payments shall attract interest at the rate specified in the contract  
document.  
(4) All contracts shall include terms, specifying the interest for late payment of  
more than sixty days.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
             2007 No. 14   
Public Procurement Act  
        
    38. --(1) Every procuring entity shall maintain a record of the comprehensive  
procurement proceedings. 
 
(2) The portion of the record referred to in this Section shall, on request, be  
made available to :  .  
Recorded  
procurement  
proceedings 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Two stage 
tendering.


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(a) any person after a tender, proposal, offer or quotation has been accepted or  
after procurement proceedings have been terminated without resulting in a  
procurement contract; and  
(b) suppliers, contractors or consultants that submitted tenders, proposals,  
offers or quotations, or applied for prequalification, after a tender, proposal, offer  
or quotation has been accepted or procurement proceeding have been terminated  
without resulting in a procurement contract.  
(3) A disclosure of procurement proceeding records, prior to award of contract  
may be ordered by a court, provided that when ordered to do so by a court, the  
procurement entity shall not disclose such information, if its disclosure would  
(a) be contrary to law;  
(b) impede law enforcement; or


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(a) be contrary to law;  
(b) impede law enforcement; or  
(c) prejudice legitimate commercial interests of the parties.  
(4) The procuring entity shall not be liable to suppliers, contractors or service  
providers for damages owing solely to failure to maintain a record of the procurement  
proceedings in accordance with this Section.  
(5) The records and documents maintained by procuring entities on procurement  
shall be made available for inspection by the Bureau, an investigator appointed by the  
Bureau and the Auditor-General upon request, and where donor funds have been  
used for the procurement, donor officials shall also have access upon request to  
procurement files for the purpose of audit and review.  
PART VII-SPECIAL AND RESTRICTED METHODS OF PROCUREMENT


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procurement files for the purpose of audit and review.  
PART VII-SPECIAL AND RESTRICTED METHODS OF PROCUREMENT  
39 .-(1) Notwithstanding the provisions of this Act, the Bureau may issue  
'Certificate of No Objection' upon conditions hereinafter prescribed.  
(2) A procuring entity shall engage in procurement by two-stage tendering:  
        (a) where it is not feasible for the procuring entity to formulate detailed  
specifications for the goods or works or, in the case of services, to identify their  
characteristics and where it seeks tenders, proposals or offers on various means of  
meeting its needs in order to obtain the most satisfactory solution to its procurement  
needs;  
(b) where the character of the goods or works are subject to rapid technological


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needs;  
(b) where the character of the goods or works are subject to rapid technological  
advances ; where the procuring entity seeks to enter into a contract for research,  
experiment, study or development, except where the contract includes the production  
of goods in sufficient quantities to establish their commercial viability or to recover  
research and development costs, where the procuring entity applies this Act to  
procurement concerned with national security and determines that the selected  
method is the most appropriate method of procurement; or  
 
 
 
 
 
 
 
 
 
 
 
Public Procurement Act   
2007 No. 14  
 
 
(c) where the tender proceedings have been utilized but were not successful or  
the tenders were rejected by the procuring entity under an open competitive bid


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procedure and the procuring entity considers that engaging in new tendering  
proceedings will not result in a procurement contract.  
(3) The provisions of this Act as regards the process for open competitive bidding  
shall apply to two-stage tendering proceedings except to the extent that those provisions  
vary from this Section.  
(4) The invitation documents :  
(a) shall call upon suppliers or contractors to submit, in the first stage of two-  
stage tendering proceedings, initial tenders which contain their proposals without  
a tender price ; and  
(b) may solicit proposals that relate to technical, quality or other characteristics  
of the goods, works or services as well as contractual terms and conditions of


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of the goods, works or services as well as contractual terms and conditions of  
supply and may stipulate the professional competence and technical qualifications  
of the suppliers or contractors.  
(5) The procuring entity may, in the first stage, engage in negotiations with any  
supplier or contractor whose tender has not been rejected under an open competitive  
bidding procedure with respect to any aspect of its tender.  
(6) In the second stage of the two tender proceedings the procuring entity:  
(a) shall invite suppliers or contractors whose tenders have not been rejected to  
submit final tenders with prices on a single set of specifications ;  
(b) may, in formulating the specifications, delete or modify any aspect of the


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(b) may, in formulating the specifications, delete or modify any aspect of the  
technical or quality characteristics of the goods, works or services to be procured  
together with any criterion originally set out in these documents, evaluate and  
compare tenders and ascertain the successful tender ;  
(c) may add new characteristics or criteria that conform with this Act ;  
(d) shall communicate to suppliers or contractors in the invitation to submit firm  
tenders, any deletion, modification or addition; and  
(e) may permit a supplier or contractor who does not wish to submit a final tender  
to withdraw from the tendering proceedings.  
 .  (7) The final tenders shall be evaluated and compared in order  to ascertain the  
successful tender as defined in an open competitive bid.


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successful tender as defined in an open competitive bid.  
40 .—(1) Subject to the approval by the Bureau, a procuring entity may for reasons  
of economy and efficiency engage in procurement by means of restricted tendering if:  
(a) the goods, works or services are available only from a limited number of  
suppliers or contractors;  
(b) the time and cost required to examine and evaluate a large number of tenders  
is disproportionate to the value of the goods, works or services to be procured; or  
 
 
 
 
 
 
 
 
 
 
 
 
2007 
No. 14.   Public Procurement Act  
 
 
(c) the procedure is used as an exception rather than norm.  
 
 
Restricted 
Tendering.


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(2) where a procuring entity engages in restricted tendering on the basis that:  
         (a) the good works and services are available only from a limited number of  
suppliers or contractors, it shall invite tenders from all the suppliers and contractors  
who can provide the goods, works or services ; and  
(b) the time and cost required to examine and evaluate a large number of tenders  
is disproportionate to the value of the goods, works or services, it shall select in a  
non-discriminatory manner of the number of suppliers or contractors to ensure  
effective competition ;  
(3) For the purposes of subsection (2), of this Section, the procuring entity shall  
cause a notice of the selected tendering proceedings to be published in the procurement  
journal.  .


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cause a notice of the selected tendering proceedings to be published in the procurement  
journal.  .  
(4) The provisions of this Act regarding the open competitive bidding procedure  
shall apply to the selective tendering proceedings, except to the extent that those  
provisions are varied by this Section.  
41 .-(1) A procuring entity may carry out procurements by requesting for  
quotations from suppliers or contractors where the value of the goods or works to be  
procured does not exceed a sum that shall. be set in the procurement regulation.  
 
(2) Generally quotations shall be obtained from at least 3 unrelated contractors  
or suppliers.  
(3) Each contractor or supplier from whom a quotation is requested shall:


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or suppliers.  
(3) Each contractor or supplier from whom a quotation is requested shall:  
(a) be informed whether any factors other than the charges for the goods,  
works or services themselves, such as any applicable transportation and insurance  
charges, customs duties and taxes are to be included in the price; and  
(b) give only one quotation and shall not be allowed to change or vary the  
quotation.  
(4) No negotiation shall take place between a procuring entity and a contractor  
or supplier with respect to a quotation.  
(5) The procurement shall be awarded to the qualified contractor or supplier  
that gives the lowest priced responsive quotation.  .  
(6) Where the total value of the procurement is not more than a sum that shall be


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(6) Where the total value of the procurement is not more than a sum that shall be  
set in the regulation, the procurement entity may not obtain the Bureau's approval.  
42 .-(1) A procuring entity may carry out any emergency procurement where:  
       (a) goods, works or services are only available from a particular supplier or  
contractor, or if a particular supplier or contractor has exclusive rights in respect of  
the goods, works or services, and no reasonable alternative or substitute exits; or  
(b) there is an urgent need for the goods, works or services and engaging in  
tender proceedings or any other method of procurement is impractical due to  
 
 
 
 
 
 
 
 
 
 
 
 
 
Public Procurement Act           
2007 No. 14  
   
 
 
 
 
 
 
 
Request for  
quotations.


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Public Procurement Act           
2007 No. 14  
   
 
 
 
 
 
 
 
Request for  
quotations.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Direct  
procurement.


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unforeseeable circumstances giving rise to the urgency which is not the result of  
dilatory conduct on the part of the procuring entity;  
(c) owing to a catastrophic event, there is an urgent need for the goods, works or  
services, making it impractical to use other methods of procurement because of the  
time involved in using those methods;  
(d) a procuring entity which has procured goods, equipment, technology or  
services from a supplier or contractor, determines that:  
(i) additional supplies need to be procured from that supplier or contractor  
because of standardization,  
(ii) there is a need for compatibility with existing goods, equipment, technology  
or services, taking into account the effectiveness of the original procurement in


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or services, taking into account the effectiveness of the original procurement in  
meeting the needs of the procurement entity,  
(iii)  the limited size of the proposed procurement in relation to the original  
procurement provides justification,  
(iv)  the reasonableness of the price and the unsuitability of alternatives to  
the goods or services in question merits the decision.  
(e) the procuring entity seeks to enter into a contract with the supplier or contractor  
for research, experiment, study or development, except where the contract includes  
the production of goods in quantities to establish commercial viability or recover  
research and development costs ; or  
(f)  the procuring entity applies this Act for procurement that concerns national


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(f)  the procuring entity applies this Act for procurement that concerns national  
security, and determines that single-source procurement is the most appropriate  
method of procurement.  
(2) The procuring entity :  
(a) may procure the goods, works or services by inviting a proposal or price  
quotation from a single supplier or contractor.  
(b) shall include in the record of procurement proceedings a statement of the  
grounds for its decision and the circumstances in justification of single source  
procurement.  
43 .-(1) A procuring entity may for the purpose of this Act, carry out an emergency  
procurement where:  
(a) the country is either seriously threatened by or actually confronted with a  
disaster, catastrophe, war, insurrection or Act of God ;


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disaster, catastrophe, war, insurrection or Act of God ;  
    
(b) the condition or quality of goods, equipment, building or publicly owned  
capital goods may seriously deteriorate unless action is urgently and necessarily  
taken to maintain them in their actual value or usefulness ; or  
(c) a public project may be seriously delayed for want of an item of a minor value.  
   (2) In an emergency situation, a procuring entity may engage in direct contracting  
of goods, works and services.  
 
 
 
 
 
 
 
 
 
 
  
 
2007 No. 14   Public Procurement Act  
 
Emergency  
procurement.


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(3) All procurements made under emergencies shall be handled with expedition  
but along principles of accountability, due consideration being given to the gravity  
of each emergency.  
(4) Immediately after the cessation of the situation warranting any emergency  
procurement, the procuring entity shall file a detailed report thereof with the Bureau  
which shall verify same and if appropriate issue a Certificate of ' No Objection'.  
PART VII--PROCUREMENT OF CONSULTANT (SERVICES)  
44. Where a procuring entity wishes to procure services for its needs which are  
precise and ascertainable :  
(a) it shall solicit for expressions of interest or applications to pre-qualify to  
provide the services by publishing a notice to that effect in at least 2 national


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provide the services by publishing a notice to that effect in at least 2 national  
newspapers and the procurement journal ;  
(b) where the value of the services to be procured is less than one million naira,  
or with the approval of the Bureau, of such a low value that only national  
consultants would be interested, the procuring entity may without placing any  
notice request at least 3 and not more than 10 consultants or service providers to  
make proposals for the provision of the services in a format stipulating :  
(i)  a statement of qualifications of the consultant to provide the service;  
(ii) a statement of understanding of the procuring entity's needs;  
(iii) the methodology for providing the service;  
(iv)  the time frame for providing the service; and


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(iii) the methodology for providing the service;  
(iv)  the time frame for providing the service; and  
(v)  the cost or fee for the service.  
45 .-(1 ) A procuring entity wishing to procure services for its needs may do so  
by requesting for proposals when it intends to enter into a contract for the purpose of  
research, experiment, study or development, except where the contract includes the  
production of goods in quantities sufficient to establish their commercial viability or  
to recover research and development cost.  
(2) The procuring entities shall procure the services of consultants by soliciting  
for expressions of interest by publishing a notice to that effect in 2 national newspapers  
and the procurement journal.


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and the procurement journal.  
(3) A procuring entity may make direct requests to a limited number of consultants,  
requesting proposals for the provision of a service if:  
(a) the services are only available from no more than 3 consultants ;  
(b) the time and cost required to examine and evaluate a large number of proposals  
would be disproportionate to the value of the services to be performed, provided  
that it invites enough consultants to ensure transparent competition; or  
(c) it is in the interest of national defence and security or similar reason of  
confidential ity.  
 
 
 
 
 
 
 
 
 
 
 
Public Procurement Act       2007 No. 14  
 
 
 
 
 
 
 
 
 
 
 
Expressions  
or interest to  
provide  
services for  
ascertained  
needs.


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Expressions  
or interest to  
provide  
services for  
ascertained  
needs.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Request for  
proposals to  
provide  
services for  
unascertained  
needs.


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46 .—(1) Request for proposals shall include :  
(a) the name and address of the procurement entity;  
(b) a requirement that the proposals are to be prepared in the English language;  
(c) the manner, place and deadline for the submission of proposals ;  
(d) a statement to the effect that the procuring entity reserves the right to reject  
proposals ;  
(e) the criteria and procedures for the evaluation of the qualifications of the  
consultants ;  
(f) the requirements on documentary evidence or other information that shall be  
submitted by consultants to demonstrate their qualifications ;  
(g) the nature and required characteristics of the services to be procured including  
the location where the services are to be provided and the time when the services  
are to be provided ;


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the location where the services are to be provided and the time when the services  
are to be provided ;  
(h) whether the procuring entity is seeking proposals on various possible ways  
of meeting its needs ;  
(i)  a requirement that the proposal price is to be expressed in Nigerian currency;  
(j)  the manner in which the proposal price is to be expressed, including a statement  
on whether the price covers elements apart from the cost of services, such as  
reimbursement for transportation, lodging, insurance, use of equipment, duties or  
taxes;  
(k) whether the procedure to ascertain the successful proposal shall be based  
on the lowest cost or quality and cost or a combination of the lowest cost, quality


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on the lowest cost or quality and cost or a combination of the lowest cost, quality  
and criteria other than cost but stipulated in the request for proposals ; and  
(l)  a short list to be made of only national consultants for consulting assignment,  
contract within a set threshold in the procurement regulation provided that national  
consultants possess such requisite skills.  
(2) The procuring entity shall provide the same information to every consultant  
requested to submit proposals.  
47 .-(1) A consultant shall be allowed to request for clarification on the request  
from the procuring entity and such request may be made within a reasonable time to be  
specified.  
(2) A procuring entity may, whether on its initiative or as a result of a request for


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specified.  
(2) A procuring entity may, whether on its initiative or as a result of a request for  
clarification by a consultant, modify the request for proposals by issuing an addendum  
at any time prior to the deadline for submission of proposals.  
(3) The addendum shall be communicated promptly before the deadline for the  
submission of proposals to the short listed consultants to whom the procuring entity  
has provided the request for proposals and shall be binding on those consultants.  
(4) [f the procuring entity convenes a meeting of consultants, it shall prepare  
minutes of the meeting containing the issues submitted at the meeting for clarification  
 
 
 
 
 
 
 
 
 
 
 
                     2007 No. 14       
Public Procurement Act  
Content of  
the requests  
for


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2007 No. 14       
Public Procurement Act  
Content of  
the requests  
for  
proposals.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Clarification  
and  
modification  
of requests  
for  
proposals


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of the request for proposal and its responses to those issues, without identifying the  
sources of the requests for clarifications.  
(5) The minutes shall be provided promptly before the deadlines for the  
submission of proposals to the consultants participating in the selection proceedings  
to enable them take the minutes into account in prepare their proposals.  
48 .-(1) The procuring entity shall allow sufficient time for the preparation and  
submission of the requested proposals but shall in no case give less than 30 days  
between the issue of the notice or request and the deadline for submission.  
(2) The technical and financial proposals shall be submitted simultaneously but  
in separate envelops.


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(2) The technical and financial proposals shall be submitted simultaneously but  
in separate envelops.  
(3) A proposal received after the deadline for submission of proposals shall be  
returned to the sender unopened.  
(4) Immediately after the deadline for submission of proposals, the technical  
proposals shall be opened for evaluation whilst the financial proposals shall remain  
sealed and kept in a secure bid-box until they are opened publicly.  
(5)The technical evaluation committee shall not have access to or insights to  
the financial proposals until the evaluations including any Tender Boards review are  
concluded.  
49 .- (1) The procuring entity shall establish criteria to evaluate the proposals


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concluded.  
49 .- (1) The procuring entity shall establish criteria to evaluate the proposals  
and prescribe the relative weight to be accorded to each criterion and the manner in  
which they are to be applied in the evaluation of :  
(a) the qualification experience reliability professional and managerial  
competence of the consultant or service provider and of the personnel to be  
involved in providing the services ;  
(b) the effectiveness of the proposal submitted by the consultant or service  
provider in meeting the needs of the procuring entity ;  
(c) the proposal price, including any ancillary or related cost;  
(d) the effect that the acceptance of the proposal will have on the balance of  
payments position and foreign reserves of the government, the extent of


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payments position and foreign reserves of the government, the extent of  
participation by local personnel, the economic development potential offered by  
the proposal, including domestic investment or other business activity, the  
encouragement of employment, the transfer of technology, the development of  
managerial, scientific and operational skills and the counter trade arrangements  
offered by consultant or service providers ; and.  
(e) national defence and security considerations.  
(2) A procuring entity may- accord a margin of preference for domestic  
consultants or service providers, which shall be calculated in accordance with the  
regulations and guidelines as issued from time to time by the Bureau and shall be  
reflected in the record of the procurement proceedings.


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reflected in the record of the procurement proceedings.  
 
 
 
 
 
 
 
 
 
 
 
 
Public Procurement Act   
2007 No. 14  
 
 
 
 
 
 
Submission 
of  
proposals. 
Criteria for  
evaluation 
of  
proposals


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50 .-(1) The procuring entity shall select the successful proposal by either  
choosing the proposal with :  
(i)  the lowest evaluated price, or  
(ii)  the best combined evaluation in terms of the general criteria set out in the  
request for proposals and the price quoted.  
(2) The procuring entity shall include in the record of procurement a statement of  
the grounds and circumstances on which it relied to select either of the procedures in  
subsection (1) of this Section.  
(3) Nothing in this Section shall prevent the procuring entity from resorting to  
the use of any impartial panel of experts to make the selection.  
51 .- (1) Where the procuring entity elects to choose the successful proposal


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51 .- (1) Where the procuring entity elects to choose the successful proposal  
based on technical and price factors, it shall establish a weight with respect to quality  
and technical price factors of the proposals in accordance with the criteria other than  
price as might have been set out in the request for proposals and rate each proposal in  
accordance with such criteria and the relative weight and manner of application of the  
criteria as stipulated in the request for proposals ; and then  
(2) The procuring entity shall compare the prices of those proposals that have  
attained a rating at or above the threshold ;  
(3) The procuring entity shall notify the consultants whose proposals did not


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(3) The procuring entity shall notify the consultants whose proposals did not  
meet the minimum qualifying mark or were non responsive to the invitation for proposals  
and terms of reference after the evaluation of quality is completed within a period of 14  
working days after the decision has been taken by the procurement entity ;  
(4) The name of the qualifying consultants, the quality scores for the technical  
component of the proposal shall be read aloud and recorded alongside the price  
proposed by each consultant or service provider when the financial proposals are  
opened ;  
(5) The procuring entity shall prepare the minutes of public opening of financial  
proposals which shall be part of the evaluation report and shall retain this record.


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proposals which shall be part of the evaluation report and shall retain this record.  
(6) The successful proposals shall be :  
(a) the proposals with the best combined evaluation in terms of the criteria  
established under subsection (1) of this Section from price in the case of quality  
and cost-based selection ;  
(b) the proposals with the lowest price in the case of least-cost selection ; or  
(c) the highest ranked technical proposal within the budget.  
(7) The Consultants with the winning proposal shall be invited for negotiations,  
which shall focus mainly on the technical proposals.  
(8) The proposed unit rates for staff-months and reimbursable shall not be  
negotiated unless there are exceptional reasons.


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negotiated unless there are exceptional reasons.  
 
 
 
 
 
 
 
 
 
 
 
   
 
         2007 No. 14   Public Procurement Act  
General  
selection  
procedure  
(services).  
Procedure for  
selection of  
proposal  
where price is  
a factor.


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52 .-(1)  Where the procuring entity elects to make a quality-based selection,  
based on consultant's qualifications or single-source selection, it shall engage in  
negotiations with consultants in accordance with this Section.  
(2) The procurement entity shall:  
(i)  establish a weight with respect to quality and price of the proposals;  
(ii)  invite for negotiations on the price of its proposal, the Consultant that has  
attained the best rating in accordance with subsection (1) of this Section ;  
(iii)  inform the Consultants that attained ratings above the weight that may be  
considered for negotiations if the negotiations with the consultant with the best  
rating do not result in a procurement contract; and


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rating do not result in a procurement contract; and  
(iv)  inform the Consultant with the best rating, that it is terminating the  
negotiations if it becomes apparent to the procuring entity that the negotiations  
with that Consultant, invited under subsection (b), will not result in a procurement  
contract.  
(3) The procuring entity shall, if negotiations with the consultant with the best  
rating fails, invite the Consultant that obtained the second best rating, and if the  
negotiations with that Consultant do not result in a procurement contract, the procuring  
entity shall invite the other suppliers or contractors for negotiations on the basis of  
their rating until it arrives at a contract or rejects the remaining proposals.


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their rating until it arrives at a contract or rejects the remaining proposals.  
(4) The procuring entity shall treat proposals and any negotiations on selection  
procedure as confidential and avoid the disclosure of their contents to competing  
consultants.  
PART IX-PROCUREMENT SURVEILLANCE AND REVIEW  
53 .-(1) The Bureau may review and recommend for investigation by any  
relevant authority any matter related to the conduct of procurement proceedings by a  
procuring entity, or the conclusion or operation of a procurement contract if it considers  
that a criminal investigation is necessary or desirable to prevent or detect a  
contravention of this Act.  
(2) The relevant authority may in the course of investigation :


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contravention of this Act.  
(2) The relevant authority may in the course of investigation :  
(a) require an officer, employee or agent of the procuring entity or bidder,  
supplier, contractor, or consultant to produce any books, records, accounts or  
documents ;  
(b) search premises for any books, records, accounts or documents ;  
(c) examine and make extracts from and copies of books, records, accounts or  
documents of any procuring entity, bidder, supplier, contractor or consultant ;  
  (d) remove books, records, accounts or documents of the procuring entity,  
bidder, supplier, contractor or consultant for as long as may be necessary to  
examine them or make extracts from or copies of them but the investigator shall


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examine them or make extracts from or copies of them but the investigator shall  
give a detailed receipt for the books, records, accounts or documents removed;  
 
 
 
 
 
 
 
 
 
 
 
 
Public Procurement Act   2007 No.14  
 
Selection  
procedure  
where price is  
not a factor.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Bureau to  
recommend  
investigation


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(e) require an officer, employee or agent of the procurement entity or bidder,  
suppl ier, or contractor or consultant:  
(i)  to explain an entry in the books, records, accounts 01' documents ;  
(ii)  to provide the investigator with information concerning the management or  
activities of the procurement entity or bidders as may be reasonably required;  
(f)  explain an entry in the books, records, accounts or documents; and  
(g) provide the investigator with information concerning the management or  
activities of the procurement entity or bidders as may be reasonably required.  
(3) The Bureau may, pursuant to the advice of the procuring entity, results of its  
review of a procurement or report of investigation by a relevant government agency


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review of a procurement or report of investigation by a relevant government agency  
issue a variation order requiring a contractor at his own expense to repair, replace, or to  
do anything in his or her contract left undone or found to have been carried out with  
inferior or defective materials or with less skill and expertise than required by the  
contract of award.  
(4) The Bureau shall, if satisfied that there has been a contravention of this Act  
or any regulations in relation to procurement proceedings or procurement contracts,  
take action to rectify the contravention which action shall include:  
(a) nullification of the procurement proceedings;  
(b) cancellation of the procurement contract;  
(c) ratification of anything done in relation to the proceedings; or


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(b) cancellation of the procurement contract;  
(c) ratification of anything done in relation to the proceedings; or  
(d) a declaration consistent with any relevant provisions of this Act.  
(5) On completion of the investigation, the relevant authority shall if an offence  
is disclosed, take all necessary steps to commence prosecution and inform the Bureau  
and the procurement entity accordingly, but where no offence is disclosed, the file  
shall be closed and the Bureau and procuring entity shall be duly informed.  
54 .-(1 ) A bidder may seek administrative review for any omission or breach by  
a procuring or disposing entity under the provisions of this Act, or any regulations or  
guidelines made under this Act or the provisions of bidding documents.


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guidelines made under this Act or the provisions of bidding documents.  
(2) A complaint by a bidder against a procuring or disposing entity shall first be  
submitted in writing to the accounting officer who shall:  
(a) within fifteen working days from the date the bidder first became aware of the  
circumstances giving rise to the complaint or should have become aware of the  
circumstances, whichever is earlier;  
(b) on reviewing a complaint, the accounting officer shall make a decision in  
writing within 15 working days indicating the corrective measures to be taken if  
any, including the suspension of the proceedings where he deems it necessary and  
giving reasons for his decision ; or  
(c) where the accounting officer does not make a decision within the period


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giving reasons for his decision ; or  
(c) where the accounting officer does not make a decision within the period  
specified in sub-Section (2) (b).  
 
 
 
 
 
 
 
 
 
 
 
 
2007 No. 
14   Public Procurement Act  
 
 
Administrative 
review.


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(3) The bidder is not satisfied with the decision of the accounting officer, the  
bidder may make a complaint to the Bureau within 10 working days from the date of  
communication of the decision of the accounting officer.  
    (4)  Upon receipt of a complaint, the Bureau shall promptly :  
(a) give notice of the complaint to the respective procuring or disposing entity  
and suspend any further action by the procuring or disposing entity until the  
Bureau has settled the matter ;  
(b) unless it dismisses the complaint:  
(i)  prohibit a procuring or disposing entity from taking any further action  
(ii)  nullify in whole or in part an unlawful act or decision made by the procuring  
or disposing entity ;  
(iii)  declare the rules or principles that govern the subject matter of the


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or disposing entity ;  
(iii)  declare the rules or principles that govern the subject matter of the  
complaint : and  
(iv)  revise an improper decision by the procuring or disposing entity or  
substitute its own decision for such. a decision.  
(5)  Before taking any decision on a complaint, the Bureau shall notify all interested  
bidders of the complaint and may take into account representations from the bidders  
and from the respective procuring or disposing entity.  
(6) The Bureau shall make its decision within twenty-one working days after  
receiving the complaint, stating the reasons for its decisions and remedies granted, if  
any.  
(7) Where the Bureau fails to render its decision within the stipulated time, or


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any.  
(7) Where the Bureau fails to render its decision within the stipulated time, or  
the bidder is not satisfied with decision of the Bureau, the bidder may appeal to the  
Federal High Court within 30 days after the receipt of the decision of the Bureau, or  
expiration of the time stipulated for the Bureau to deliver a decision.  
                   PART X-DISPOSAL OF PUBLIC PROPERTY  
55 .-(1) This Section shall apply subject to the Public Enterprises  
(Commercialization and Commercialization) Act 1999.  
(2) For the purposes of this Act every procuring entity shall also be disposing  
entity.  
(3) The open competitive bidding shall be the primary source of receiving offers  
for the purchase of any public property offered for sale.


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for the purchase of any public property offered for sale.  
(4) The Bureau shall, with the approval of the Council :  
(a) determine the applicable policies and practices in relation to the disposal of  
all public property;  
(b) issue guidelines detailing operational principles and organizational modalities  
to be adopted by all procuring entities engaged in the disposal of public property  
and  
 
 
 
 
 
 
 
 
 
 
Public Procurement Act   
2007 No. 14   
 
 
 
 
 
 
 
 
 
 
 
Disposal 
of  
public  
property.


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(c) issue standardized document, monitor implementation, enforce compliance  
and set reporting standards that shall be used by all procuring entities involved in  
the disposal of public property.  
(5) For the purposes of this Act, public property is defined as resources in the form  
of tangible and non-tangible assets (ranging from serviceable to the unserviceable)  
(a) created through public expenditure;  
(b) acquired as a gift or through deeds ;  
(c) acquired in respect of intellectual or proprietary rights ;  
(d) acquired on financial instruments (including shares, stocks, bonds,  
etc) ; and  
(e) acquired by good will and any other gifts of the Federal Government.  
(6) The means of the disposal of public assets shall include  
(a) sale and rental ;


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(6) The means of the disposal of public assets shall include  
(a) sale and rental ;  
(b) lease and hire purchase  
(c) licenses and tenancies ;  
(d) franchise and auction ;  
(e) transfers from one government department to another with or without financial  
adjustments; and  
(f)  offer to the public at an authorized variation.  
56 .-(1) Before slating any public property for disposal, the accounting officer  
(whether acting in his own authority or at the direction of any superior or other  
authority) in charge of any public property set for disposal shall authorize the  
preparation of a valuation report for such property by an independent Evaluator, or  
such professional with the appropriate competence to carry out the valuation.


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such professional with the appropriate competence to carry out the valuation.  
(2) The disposal of assets whether or not listed in the Assets register for a  
procuring entity shall be planned and integrated into the income and expenditure  
budget projection of the procuring entity.  
(3) The disposal of assets referred to in subsection (2) of this Section shall be  
timed to take place when the most advantageous returns can be obtained for the asset  
in order to maximize revenue accruing to the government.  
(4) All procuring entities shall distribute responsibilities for the disposal of public  
property between the procurement unit and the Tenders Board.  
PART XI--CODE OF CONDUCT  
 
57 .-(1) The Bureau shall, with the approval of the Council, stipulate a Code of


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PART XI--CODE OF CONDUCT  
 
57 .-(1) The Bureau shall, with the approval of the Council, stipulate a Code of  
Conduct for all public officers, suppliers, contractors and service providers with regards  
to their standards of conduct acceptable in matters involving the procurement and  
disposal of public assets.  
  
 
 
 
 
 
 
 
 
 
 
 
                   2007 No. 14   
Public Procurement Act  
 
Planning of 
disposals. 
 
 
 
 
 
 
 
 
 
Code of  
conduct for  
public  
procurement.


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(2) The conduct of all persons involved with public procurement, whether as  
official of the Bureau, a procuring entity, supplier, contractor or service provider shall  
at all times be governed by principles of honesty, accountability, transparency, fairness  
and equity.  
(3) All officers of the Bureau, members of Tenders Boards and other persons  
that may come to act regarding the conduct of public procurements shall subscribe to  
an oath as approved by Council.  
(4) All persons in whose hands public funds may be entrusted for whatever  
purpose should bear in mind that its utilization should be judicious.  
(5) Where a transaction involves the disposal of assets, principles of honesty,  
accountability, transparency, fairness and equity shall continue to apply to the same


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accountability, transparency, fairness and equity shall continue to apply to the same  
extent as where it involves procurement.  
(6) These principles shall apply at all times, particularly when:  
(a) making requisition for or planning of procurements ;  
(b) preparing solicitation documents;  
(c) receiving offers in response to any form of solicit at ion towards a procurement  
or disposal ;  
(d) evaluating and comparing offers confidentially and in complete neutrality;  
(e) protecting the interest of all parties without fear or favour ; and  
(f)  obviating all situations likely to render an officer vulnerable to embarrassment  
or undue influence.  
(7) All public officers shall handle public procurement and disposal of assets by


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or undue influence.  
(7) All public officers shall handle public procurement and disposal of assets by  
(a) ensuring adequate time for preparing offers;  
(b) complying with this Act and all derivative regulations; and  
(c) receiving strict confidentiality until completion of a contract.  
(8) All public officers involved in public procurement and disposal of assets  
shall maintain the highest standards of ethics in their relationships with persons real  
or corporate who seek government commerce whether as a bidder, supplier, contractor  
or service provider by developing transparent, honest and professional relationships  
with such persons.  
(9) Every public officer involved directly or indirectly in matters of public  
procurement and disposal of assets shall:


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procurement and disposal of assets shall:  
(a) divest himself of any interest or relationships which are actually or potentially  
inimical or detrimental to the best interest of government and the underlining  
principles of this Act ; and  
(b) not engage or participate in any commercial transaction involving the federal  
government, its ministries, extra-ministerial departments, corporations where his  
  
 
 
 
 
 
 
 
 
 
 
Public Procurement Act  2007 No. 14


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capacity as public officer is likely to confer any unfair advantage - pecuniary or 
otherwise on him or any person directly related to him.  
(10)  Any person engaged in the public procurement and disposal of assets who  
has assumed, or is about to assume, a financial or other business outside business  
relationship that might involve a conflict of interest, must immediately declare to the  
authorities any actual or potential interest.  
(11)  Such a declaration shall be given such consideration at the relevant level as  
is necessary so that, where it is seen that remedial action is taken, a conflict of interest  
is present.  
(12)  A conflict of interest exists where a person :  
(a) possesses an interest outside his official duties that materially encroaches


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(a) possesses an interest outside his official duties that materially encroaches  
on the time or attention which should otherwise be devoted to affairs of government;  
(b) possesses a direct or indirect interest in or relationship with a bidder, supplier,  
contractor or service provider that is inherently unethical or that may be implied or  
constructed to be, or make possible personal gain due to the person's ability to  
influence dealings;  
(c) entertains relationships which are unethical, rendering his attitude partial  
toward the outsider for personal reasons or otherwise inhibit the impartiality of the  
person's business judgments ;  
(d) places by acts or omissions the procuring entity he represents or the


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person's business judgments ;  
(d) places by acts or omissions the procuring entity he represents or the  
Government in an equivocal, embarrassing or ethically questionable position;  
(e) entertains relationships compromising the reputation or integrity of the  
procuring entity he represents or the Government;  
(f)  receives benefits by taking personal advantage of an opportunity that properly  
belongs to the procuring entity he represents or the Government;  
(g) creates a source of personal revenue or advantage by using public property  
which comes into his hands either in course of his work or otherwise; and  
(h) discloses confidential information being either the property of his procuring


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(h) discloses confidential information being either the property of his procuring  
entity, the Government or to a supplier, contractor or service provider to unauthorized  
persons.  
(13) A person involved in the disposal of assets, shall not either by a third party  
or by himself be interested in any manner in buying directly or indirectly these assets  
and shall not have or obtain any type of advantage or revenue from the disposal for a  
period of three years after the disposal.  
PART XII-OFFENCES  
58 .-(1) Any natural person not being a public officer who contravenes any  
provision of this Act commits an offence and is liable on conviction to a term of  
imprisonment not less than 5 calendar years but not exceeding 10 calendar years  
without an option of fine.


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(2) Any offence in contravention of this Act shall be tried by the Federal High  
Court.  
(3) Prosecution of offences under this Act shall be instituted in the name of the  
Federal Republic of Nigeria by the Attorney-General of the Federation or such other  
officer of the Federal Ministry of Justice as he may authorize so to do, and in addition,  
without prejudice to the Constitution of the Federal Republic of Nigeria 1999, he may:  
(a) after consultation with the Attorney-General of any state of the federation,  
authorize the Attorney-General or any other officer of the Ministry of Justice of that  
state; or  
(b) if the relevant authority so requests, authorize any legal practitioner in  
Nigeria to undertake such prosecution directly or assist therein.


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Nigeria to undertake such prosecution directly or assist therein.  
(4) The following shall also constitute offences under this Act:  
(a) entering or attempting to enter into a collusive agreement, whether enforceable  
or not, with a supplier, contractor or consultant where the prices quoted in their  
respective tenders, proposals or quotations are or would be higher than would  
have been the case has there not been collusion between the persons concerned;  
(b) conducting or attempting to conduct procurement fraud by means of  
fraudulent and corrupt acts, unlawful influence, undue interest, favour, agreement,  
bribery or corruption;  
(c)  directly, indirectly or attempting to influence in any manner the procurement


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bribery or corruption;  
(c)  directly, indirectly or attempting to influence in any manner the procurement  
process to obtain an unfair advantage in the award of a procurement contract;  
(d) splitting of tenders to enable the evasion of monetary thresholds set;  
(e) bid-rigging;  
(f) altering any procurement document with intent to influence the outcome of a  
tender proceeding;  
(g) uttering or using fake documents or encouraging their use; and  
(h) wilful refusal to allow the Bureau or its officers to have access to any  
procurement records.  
(5) Any person who while carrying out his duties as an officer of the Bureau, or  
any procuring entity who contravenes any provision of this Act commits an offence  
and is liable on conviction to a cumulative punishment of:


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and is liable on conviction to a cumulative punishment of:  
(a) a term of imprisonment of not less than 5 calendar years without any option  
of fine ; and  
(b) summary dismissal from government services.  
(6) Any legal person that contravenes any provision of this Act commits an  
offence and is liable on conviction to a cumulative penalty of :  
(a) debarment from all public procurements for a period not less than 5 calendar  
years; and  
(b) a fine equivalent to 25% of the value of the procurement in issue.  
 
 
 
 
 
 
 
 
 
 
Public Procurement Act   2007 No. 14


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(7) Where any legal person shall be convicted pursuant to subsection (4) of this  
Section, every director of the company as listed on its records at the Corporate Affairs  
Commission shall be guilty of an offence and is liable on conviction to a term of  
imprisonment not less than 3 calendar years but not exceeding 5 calendar years without  
an option of fine.  
(8) An alternation pursuant to subsection 4 (f)  shall include :  
(b) insertion of documents such as bid security or tax clearance certificate which  
were not submitted at bid opening ; and  
(c) request for clarification in a manner not permitted under this Act.  
(9) Collusion shall be presumed from a set of acts from which it can be assumed


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(9) Collusion shall be presumed from a set of acts from which it can be assumed  
that there was an understanding, implicit, formal or informal, overt or covert under  
which each person involved reasonably expected that the other would adopt a particular  
course of action which would interfere with the faithful and proper application of the  
provisions of this Act.  
(10) Bid-rigging pursuant to subsection 4(e) means an agreement between  
persons whereby :  
(a) offers submitted have been pre-arranged between them ; or  
(b) their conduct has had the effect of directly or indirectly restricting free and  
open competition, distorting the competitiveness of the procurement process and  
leading to and escalation or increase in costs or loss of value to the national treasury.


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leading to and escalation or increase in costs or loss of value to the national treasury.  
(11) For the purposes of the presumption under Section 51 (7) of this Section,  
consideration shall be given to a suspect's ability to control the procurement  
proceedings or to control a solicitation or the conditions of the contract in question,  
whether total or partial.  
(12) For the purposes of Section 59 (5) of this Section, it shall be sufficient to  
prove that a reasonable business person should have known that his action would  
result in his company or firm having an undue advantage over other bidders to the  
detriment of the national treasury.  
PART XIII-MISCELLANEOUS  
59 .-(1) The fixing of the seal of the Bureau shall be authenticated by the signature


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PART XIII-MISCELLANEOUS  
59 .-(1) The fixing of the seal of the Bureau shall be authenticated by the signature  
of the Chairman, the Director-General or of any other person authorized generally or  
 specially to act for that purpose by the Council.  :  
(2) Any contract or instrument which, if made or executed by a person not being  
a body corporate, would not be required to be under seal may be made or executed on  
 behalf of the Bureau by the Director-General or any person generally or specially  
authorized to act for that purpose by the Council.  
(3) Any document purporting to be a document duly executed under the seal of  
the Bureau shall be received in evidence and shall, unless and until the contrary is  
proved, be presumed to be so executed.


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proved, be presumed to be so executed.  
(4) The validity of any proceeding of Council or of a committee thereof shall not  
be adversely affected by any vacancy in the membership of the Council or committee,  
 
 
 
 
 
 
 
 
 
 
2007 No. 14   Public Procurement Act  
 
 
Miscellaneous.


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or by any defect in the appointment of a member of the Council or of a Committee. or  
by reason that a person not entitled to do so took part in the proceedings of the  
Council or Committee.  
60 . In this Act:  
"Accounting officer" means the person charged with line supervision of the  
conduct of all procurement processes ;  
"Approving authority" means the person charged with overall responsibility  
for the functioning of a ministry, extra-ministerial department or corporation;  
"Assets" includes tangible and intangible things which have been or may be  
sold or procured for consideration;  
"Bid security" means a form of security assuring the bidder "hall not withdraw  
a bid within the period specified for acceptance and shall execute a written contract


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a bid within the period specified for acceptance and shall execute a written contract  
within the time specified in the bid;  
"Debar" means the placing of a firm company or natural person on a list of  
person ineligible to participate in any procurement proceedings under this Act;  
"Certificate of' No Objection" means the document evidencing and  
authenticating that due process and the letters of this Act have been followed in  
the conduct of a procurement proceeding and allowing for the procuring entity to  
enter into contract or effect payments to contractors or suppliers from the Treasury ;  
"Contract" means an agreement entered in writing;  
"Contractor or supplier" means any potential party to a procurement contract


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"Contractor or supplier" means any potential party to a procurement contract  
with the procuring entity and includes any corporation, partnership, individual,  
sole proprietor, joint stock company, joint venture or any other legal entity through  
which business is conducted ;  
"Excessive price" means a monetary value proposed by a bidder for any  
procurement which is in the estimation of the Bureau unreasonable and injudicious  
after consideration of the actual value of the item in question plus all reasonable  
imputations of cost and profit;  
"Goods" means objects of every kind and description including raw materials,  
products and equipment and objects in solid, liquid or gaseous form and electricity  
as well as services incidental to the supply of the goods;


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as well as services incidental to the supply of the goods;  
"Interim Performance  Certificates" means evidence that a contractor or supplier  
as performed its obligations under a procurement contract up to a level stipulated  
by the contractor but not meaning completion;  
"International Competitive Bidding" means the solicitation of bids from both  
domestic and foreign contractors and suppliers;  
"Lowest evaluated responsive bid" is the lowest price bid amongst the bids  
that meets all the technical requirements and standards as contained in the tender  
document.  
 
 
 
 
 
 
 
 
 
 
Public Procurement Act   2007 
No. 14  
 
 
Interpretati 
on


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"Margin Of  Preference" means the extra mark up on price allowed any domestic  
contractor or supplier bidding under International Competitive Bidding without  
being otherwise disadvantageous to the bid in terms of price ;  
"Minor Value" means a monetary value which is not in excess of the monetary  
thresholds set for any approving authority by the Bureau;  
"Monetary Threshold" means the value limit in Naira set by the Bureau outside  
of which an approving authority may not award a procurement contract;  
"National Competitive Bidding" means the solicitation of bids from domestic  
contractors and suppliers registered or incorporated to carry on business under  
Nigeria Law;  
"Negotiation" means discussions to determine the terms and conditions of a  
contract or procurement ;


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Nigeria Law;  
"Negotiation" means discussions to determine the terms and conditions of a  
contract or procurement ;  
"Open Competitive Bidding" means the offer of prices by individuals or firms  
competing for a contract, privilege or right to supply specified goods, works,  
construction or services ;  
"Procurement" means acquisition  
"Procurement proceedings" means the initiation of the process of effecting a  
procurement up to award of a procurement contract ;  
        “Procuring entity" means any public body engaged in procurement and includes  
a Ministry, Extra-Ministerial office, government agency, parastatal and corporation;  
"Public Procurement" means the acquisition by any means of goods, works or services  
by the government ;


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"Public Procurement" means the acquisition by any means of goods, works or services  
by the government ;  
"Relevant authority" includes Economic and Financial Crimes Commission and  
 Independent Corrupt Practices Commission ;  
"Services" means the rendering by a contractor or supplier of his time and effort  
and includes any object of procurement other than goods, works or construction ;  
"Solicitation Documents" means the bid solicitation documents or any other  
documents for solicitation of offers proposals or quotations ;  
"Special Purpose Goods" means any objects of armaments ammunition  
mechanical electrical equipment or other thing as may be determined by the President  
needed by the Armed Forces or Police Force as well as the services incidental to the


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needed by the Armed Forces or Police Force as well as the services incidental to the  
supply of the objects ;  
"Substantially Responsive" means the response to bid solicitations which  
virtually answers to all the needs of a procuring entity as stipulated in the bid  
solicitation documents;  
"Supplier" means a real or legal person that provides supply of goods, contracting  
of works or consultants;  
"Threshold:' refers only to the approving and not the actual process of ward ;


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2007 No. 14   Public Procurement Act  
 
 
  
“Validity Period"  means the period during which a bidder agrees not to increase  
the cost of its bid or to remove any components of the bid ;  
"Works" means all works associated with the construction, reconstruction,  
demolition, repair or renovation of a building, structure or works, such as site  
preparation, excavation, erection, building, installation of equipment or materials,  
decoration and finishing, as well as services incidental to construction such as  
drilling, mapping, satellite photography, seismic investigation and similar services  
provided pursuant to the procurement of contract, where the value of those services  
does not exceed that of the construction itself.


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does not exceed that of the construction itself.   
61 . This Act may be cited as the Public Procurement Act, 2007.  
I Certify, in accordance with Section 2 (1) of the Acts Authentication Act, Cap.  
4. Laws of the federation of Nigeria 1990, that this is a true copy of the Bill passed by  
both Houses of the National Assembly.  
        NASIRU IBRAHIM ARAB,  
Clerk to the National Assembly  
     1st Day of June. 
2007.  
EXPLANATORY MEMORANDUM  
This Act establishes the National Council on Public Procurement and the Bureau  
of Public Procurement as the regulatory authorities responsible for the monitoring  
and oversight of public procurement, harmonizing the existing government policies  
and practices by regulating, setting standards and developing the legal framework


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and practices by regulating, setting standards and developing the legal framework  
and professional capacity for Public Procurement in Nigeria.


