# migrations

dir: sysdb
filename: 00001-collections.sqlite.sql
hash: 38352d725ad1c16074fac420b22b4633
sql:
CREATE TABLE collections (
    id TEXT PRIMARY KEY,
    name TEXT NOT NULL,
    topic TEXT NOT NULL,
    UNIQUE (name)
);

CREATE TABLE collection_metadata (
    collection_id TEXT REFERENCES collections(id) ON DELETE CASCADE,
    key TEXT NOT NULL,
    str_value TEXT,
    int_value INTEGER,
    float_value REAL,
    PRIMARY KEY (collection_id, key)
);


dir: sysdb
filename: 00002-segments.sqlite.sql
hash: 2913cb6a503055a95f625448037e8912
sql:
CREATE TABLE segments (
    id TEXT PRIMARY KEY,
    type TEXT NOT NULL,
    scope TEXT NOT NULL,
    topic TEXT,
    collection TEXT REFERENCES collection(id)
);

CREATE TABLE segment_metadata (
    segment_id TEXT  REFERENCES segments(id) ON DELETE CASCADE,
    key TEXT NOT NULL,
    str_value TEXT,
    int_value INTEGER,
    float_value REAL,
    PRIMARY KEY (segment_id, key)
);


dir: sysdb
filename: 00004-tenants-databases.sqlite.sql
hash: 048867ce8fcdefe4023c7110e4433591
sql:
CREATE TABLE IF NOT EXISTS tenants (
    id TEXT PRIMARY KEY,
    UNIQUE (id)
);

CREATE TABLE IF NOT EXISTS databases (
    id TEXT PRIMARY KEY, -- unique globally
    name TEXT NOT NULL, -- unique per tenant
    tenant_id TEXT NOT NULL REFERENCES tenants(id) ON DELETE CASCADE,
    UNIQUE (tenant_id, name) -- Ensure that a tenant has only one database with a given name
);

CREATE TABLE IF NOT EXISTS collections_tmp (
    id TEXT PRIMARY KEY, -- unique globally
    name TEXT NOT NULL, -- unique per database
    topic TEXT NOT NULL,
    dimension INTEGER,
    database_id TEXT NOT NULL REFERENCES databases(id) ON DELETE CASCADE,
    UNIQUE (name, database_id)
);

-- Create default tenant and database
INSERT OR REPLACE INTO tenants (id) VALUES ('default_tenant'); -- The default tenant id is 'default_tenant' others are UUIDs
INSERT OR REPLACE INTO databases (id, name, tenant_id) VALUES ('00000000-0000-0000-0000-000000000000', 'default_database', 'default_tenant');

INSERT OR REPLACE INTO collections_tmp (id, name, topic, dimension, database_id)
    SELECT id, name, topic, dimension, '00000000-0000-0000-0000-000000000000' FROM collections;
DROP TABLE collections;
ALTER TABLE collections_tmp RENAME TO collections;


dir: sysdb
filename: 00005-remove-topic.sqlite.sql
hash: b1367c826b8fba5f96f27befdc1d42d2
sql:
-- Remove the topic column from the Collections and Segments tables

ALTER TABLE collections DROP COLUMN topic;
ALTER TABLE segments DROP COLUMN topic;


dir: sysdb
filename: 00006-collection-segment-metadata.sqlite.sql
hash: 4eea7468935bf25d4604a0fed2366116
sql:
-- SQLite does not support adding check with alter table, as a result, adding a check
-- involve creating a new table and copying the data over. It is over kill with adding
-- a boolean type column. The application write to the table needs to ensure the data
-- integrity.
ALTER TABLE collection_metadata ADD COLUMN bool_value INTEGER;
ALTER TABLE segment_metadata ADD COLUMN bool_value INTEGER;


dir: sysdb
filename: 00007-collection-config.sqlite.sql
hash: 1c7e63bba346a42a18b6ab7f1c989bed
sql:
-- Stores collection configuration dictionaries.
ALTER TABLE collections ADD COLUMN config_json_str TEXT;


dir: sysdb
filename: 00008-maintenance-log.sqlite.sql
hash: 0a0e7e93111a01789addf64961c6127c
sql:
-- Records when database maintenance operations are performed.
-- At time of creation, this table is only used to record vacuum operations.
CREATE TABLE maintenance_log (
  id INT PRIMARY KEY,
  timestamp INT NOT NULL,
  operation TEXT NOT NULL
);


dir: sysdb
filename: 00009-segment-collection-not-null.sqlite.sql
hash: 054355aef9e63702bf54ea29e61563f1
sql:
-- This makes segments.collection non-nullable.
CREATE TABLE segments_temp (
    id TEXT PRIMARY KEY,
    type TEXT NOT NULL,
    scope TEXT NOT NULL,
    collection TEXT REFERENCES collection(id) NOT NULL
);

INSERT INTO segments_temp SELECT * FROM segments;
DROP TABLE segments;
ALTER TABLE segments_temp RENAME TO segments;


dir: sysdb
filename: 00010-collection-schema.sqlite.sql
hash: 5c3a5ac4b79df76799b4721827ed5e1d
sql:
-- Stores collection schema as stringified json
ALTER TABLE collections ADD COLUMN schema_str TEXT;


dir: metadb
filename: 00001-embedding-metadata.sqlite.sql
hash: 2b4cf52c4bb2676e21d6860a4409f856
sql:
CREATE TABLE embeddings (
    id INTEGER PRIMARY KEY,
    segment_id TEXT NOT NULL,
    embedding_id TEXT NOT NULL,
    seq_id BLOB NOT NULL,
    created_at TIMESTAMP NOT NULL DEFAULT CURRENT_TIMESTAMP,
    UNIQUE (segment_id, embedding_id)
);

CREATE TABLE embedding_metadata (
    id INTEGER REFERENCES embeddings(id),
    key TEXT NOT NULL,
    string_value TEXT,
    int_value INTEGER,
    float_value REAL,
    PRIMARY KEY (id, key)
);

CREATE TABLE max_seq_id (
    segment_id TEXT PRIMARY KEY,
    seq_id BLOB NOT NULL
);

CREATE VIRTUAL TABLE embedding_fulltext USING fts5(id, string_value);


dir: metadb
filename: 00002-embedding-metadata.sqlite.sql
hash: 12a570f7121b3a8ce750a2a7c36da20f
sql:
-- SQLite does not support adding check with alter table, as a result, adding a check
-- involve creating a new table and copying the data over. It is over kill with adding
-- a boolean type column. The application write to the table needs to ensure the data
-- integrity.
ALTER TABLE embedding_metadata ADD COLUMN bool_value INTEGER


dir: metadb
filename: 00003-full-text-tokenize.sqlite.sql
hash: f97ad6334aeaa8f419f01110b648b97a
sql:
CREATE VIRTUAL TABLE embedding_fulltext_search USING fts5(string_value, tokenize='trigram');
INSERT INTO embedding_fulltext_search (rowid, string_value) SELECT rowid, string_value FROM embedding_metadata;
DROP TABLE embedding_fulltext;


dir: metadb
filename: 00004-metadata-indices.sqlite.sql
hash: fb36603a45ee2cd0254cef3ef86585e8
sql:
CREATE INDEX IF NOT EXISTS embedding_metadata_int_value ON embedding_metadata (key, int_value) WHERE int_value IS NOT NULL;
CREATE INDEX IF NOT EXISTS embedding_metadata_float_value ON embedding_metadata (key, float_value) WHERE float_value IS NOT NULL;
CREATE INDEX IF NOT EXISTS embedding_metadata_string_value ON embedding_metadata (key, string_value) WHERE string_value IS NOT NULL;


dir: metadb
filename: 00005-max-seq-id-int.sqlite.sql
hash: 0e9de46758761b373ce682925edcc326
sql:
ALTER TABLE max_seq_id ADD COLUMN int_seq_id INTEGER;

-- Convert 8 byte wide big-endian integer as blob to native 64 bit integer.
-- Adapted from https://stackoverflow.com/a/70296198.
UPDATE max_seq_id SET int_seq_id = (
  SELECT (
       (instr('123456789ABCDEF', substr(hex(seq_id), -1 , 1)) <<  0)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -2 , 1)) <<  4)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -3 , 1)) <<  8)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -4 , 1)) << 12)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -5 , 1)) << 16)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -6 , 1)) << 20)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -7 , 1)) << 24)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -8 , 1)) << 28)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -9 , 1)) << 32)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -10, 1)) << 36)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -11, 1)) << 40)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -12, 1)) << 44)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -13, 1)) << 48)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -14, 1)) << 52)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -15, 1)) << 56)
     | (instr('123456789ABCDEF', substr(hex(seq_id), -16, 1)) << 60)
    )
);

ALTER TABLE max_seq_id DROP COLUMN seq_id;
ALTER TABLE max_seq_id RENAME COLUMN int_seq_id TO seq_id;


dir: metadb
filename: 00006-metadata-array-support.sqlite.sql
hash: e026f01ea92c1baa1493f4ad5ca7cfe7
sql:
-- Separate table for exploded array metadata values.
-- Each array element gets its own row, enabling efficient $contains queries.
-- The existing embedding_metadata table (with its PRIMARY KEY (id, key))
-- remains untouched and continues to store scalar metadata values.

CREATE TABLE IF NOT EXISTS embedding_metadata_array (
    id INTEGER NOT NULL REFERENCES embeddings(id),
    key TEXT NOT NULL,
    string_value TEXT,
    int_value INTEGER,
    float_value REAL,
    bool_value INTEGER
);

CREATE INDEX IF NOT EXISTS embedding_metadata_array_id_key
    ON embedding_metadata_array (id, key);
CREATE INDEX IF NOT EXISTS embedding_metadata_array_key_string
    ON embedding_metadata_array (key, string_value) WHERE string_value IS NOT NULL;
CREATE INDEX IF NOT EXISTS embedding_metadata_array_key_int
    ON embedding_metadata_array (key, int_value) WHERE int_value IS NOT NULL;
CREATE INDEX IF NOT EXISTS embedding_metadata_array_key_float
    ON embedding_metadata_array (key, float_value) WHERE float_value IS NOT NULL;


dir: embeddings_queue
filename: 00001-embeddings.sqlite.sql
hash: d3755dfd232be8e8301f4d7fcfb3a486
sql:
CREATE TABLE embeddings_queue (
    seq_id INTEGER PRIMARY KEY,
    created_at TIMESTAMP NOT NULL DEFAULT CURRENT_TIMESTAMP,
    operation INTEGER NOT NULL,
    topic TEXT NOT NULL,
    id TEXT NOT NULL,
    vector BLOB,
    encoding TEXT,
    metadata TEXT
);


# collections

id: 5fddb11a-0740-4753-ae89-a059e185e675
name: langchain
database_id: 00000000-0000-0000-0000-000000000000
config_json_str: {}
schema_str:
{"defaults":{"string":{"fts_index":{"enabled":false,"config":{}},"string_inverted_index":{"enabled":true,"config":{}}},"float_list":{"vector_index":{"enabled":false,"config":{"space":"l2","hnsw":{"ef_construction":100,"max_neighbors":16,"ef_search":100,"num_threads":8,"batch_size":100,"sync_threshold":1000,"resize_factor":1.2}}}},"sparse_vector":{"sparse_vector_index":{"enabled":false,"config":{"embedding_function":{"type":"unknown"},"bm25":false}}},"int":{"int_inverted_index":{"enabled":true,"config":{}}},"float":{"float_inverted_index":{"enabled":true,"config":{}}},"bool":{"bool_inverted_index":{"enabled":true,"config":{}}}},"keys":{"#embedding":{"float_list":{"vector_index":{"enabled":true,"config":{"space":"l2","source_key":"#document","hnsw":{"ef_construction":100,"max_neighbors":16,"ef_search":100,"num_threads":8,"batch_size":100,"sync_threshold":1000,"resize_factor":1.2}}}}},"#document":{"string":{"fts_index":{"enabled":true,"config":{}},"string_inverted_index":{"enabled":false,"config":{}}}},"moddate":{"string":{"fts_index":{"enabled":false,"config":{}},"string_inverted_index":{"enabled":true,"config":{}}}},"creator":{"string":{"fts_index":{"enabled":false,"config":{}},"string_inverted_index":{"enabled":true,"config":{}}}},"page":{"int":{"int_inverted_index":{"enabled":true,"config":{}}}},"author":{"string":{"fts_index":{"enabled":false,"config":{}},"string_inverted_index":{"enabled":true,"config":{}}}},"producer":{"string":{"fts_index":{"enabled":false,"config":{}},"string_inverted_index":{"enabled":true,"config":{}}}},"title":{"string":{"fts_index":{"enabled":false,"config":{}},"string_inverted_index":{"enabled":true,"config":{}}}},"total_pages":{"int":{"int_inverted_index":{"enabled":true,"config":{}}}},"source":{"string":{"fts_index":{"enabled":false,"config":{}},"string_inverted_index":{"enabled":true,"config":{}}}},"page_label":{"string":{"fts_index":{"enabled":false,"config":{}},"string_inverted_index":{"enabled":true,"config":{}}}},"creationdate":{"string":{"fts_index":{"enabled":false,"config":{}},"string_inverted_index":{"enabled":true,"config":{}}}}}}


# embedding_metadata

key: chroma:document
string_value:
THEMATIC COMPILATION OF RELEVANT INFORMATION SUBMITTED 
BY NIGERIA 
 
ARTICLE 9, PARAGRAPH 1 UNCAC 
 
PUBLIC PROCUREMENT 
 
NIGERIA (SIXTH MEETING) 
 
ARTICLE 9 - INTEGRITY IN PUBLIC PROCUREMENT  
The Nigerian Public Procurement Regimen is implemented by a  dedicated Agency -the 
Bureau of Public Procurement (BPP) which  implements its enabling Law, The Public 
Procurement Act (PPA) 2007. The  Law and processes of the BPP provide for promotion 
of transparency and  competiveness; prior determination of criteria rela ting to 
opportunities for  procurement; and access of citizens to unclassified records of  
procurement. The BPP in order to enhance transparency in the integrity of the process has 
widely circulated its enabling laws and other relevant  documents including tr anslation


key: source
string_value:
/home/itell4u/public_html/bpp/SOPs_Docs/Progress on Integrity in Public Procurement - UNCAC Submission.pdf


key: chroma:document
string_value:
widely circulated its enabling laws and other relevant  documents including tr anslation 
into local languages. It has also issued  Standard Bidding Documents and a circular to 
ensure its implementation. 
The Bureau monitors the spending by MDAs of monies appropriated and  released but 
could not be spent because the financial year has co me to an end to avoid diversion of 
funds which often run into billions of Naira.  The monitoring activity of the Bureau 
prevents the falsification of  accounting books, financial statements and other documents 
related to public expenditure and revenue. 
Some Ministries, Agencies and Department (MDAs) invite the Bureau to  supervise 
bidding processes. This enhances the integrity of the process.


key: chroma:document
string_value:
bidding processes. This enhances the integrity of the process. 
Currently, the Bureau is prosecuting some companies and individuals for  offences arising 
from bidding processes. These include use of fake tax  receipts in the bidding processes, 
conferring of unfair advantages, and other violations of the Public Procurement Act. 
The Bureau also has understanding with the Federal Inland Revenue  Services (FIRS) to 
recover taxes from companies and individuals who evade taxes and prosecutes tax related 
offences on behalf of FIRS.  Further details of BPP experience in implementing public 
procurement regimen is detailed in Annexure 1 
The Code of Conduct Bureau (CCB) plays a complimentary r ole in the  procurement


key: chroma:document
string_value:
The Code of Conduct Bureau (CCB) plays a complimentary r ole in the  procurement 
process due to its mandate to establish and maintain a high  level of morality in the 
conduct of Government business and to ensure  that the actions and behavior of Public 
Officers conform to the highest standards of Public morality and accountability. 
CCB through its Strategic Plan provides a roadmap that seeks to develop Agency-specific 
Code of Conduct. The activity also covers Code of Ethics  and Integrity standards in the 
processes adopted by the Agencies with  regard to Transparency and Accountability in 
Management of Public  Finance. With special reference to high impact Agencies, CCB 
has classified them as high risk Organizations and focuses most of its attention  on these 
organizations.


key: chroma:document
string_value:
has classified them as high risk Organizations and focuses most of its attention  on these 
organizations. 
The already developed Agency-specific concept notes are being refined for trial run with 
identified organizations.


key: chroma:document
string_value:
NIGERIA (THIRD MEETING) 
 
Article 9 – PUBLIC PROCUREMENT AND MANAGEMENT OF 
PUBLIC FINANCES 
Nigeria has since 2007 codified rules governing public procurement at the Federal level  
with the enactment of the Public Procurement Act 2007 (PPA). The PPA establishes the  
Bureau of Public Procurement (BPP) and invests it with powers to regulate and super vise 
procurement activities in the Ministries, Departments and Agencies. The PPA provides  
for wide distribution of information of opportunities for participation in the procurement  
process; criteria for participation; publication of pre -determined selectio n and award  
criteria; and a six week period for notification of bidders. The law also establishes a


key: chroma:document
string_value:
criteria; and a six week period for notification of bidders. The law also establishes a  
system of domestic review and appeal procedures. There are also provisions to regulate  
the conduct of personnel responsible for public procurement such as d eclaration of  
interest; screening; and training requirements. To ensure effectiveness, a procurement  
cadre has been established in the Public Service. The Nigerian Public Procurement  
Regimen goes beyond the requirements of the UNCAC by requiring bidders to  
accompany bids with affidavits of disclosure on any interest of the officers of the  
procuring entity, in the bidding company. The PPA also provides for a mandatory  
citizens observation of the procurement process and access to procurement information.


key: chroma:document
string_value:
citizens observation of the procurement process and access to procurement information. 
The major challenge in implementing Article 9 is the Country ’s fiscal federalist structure 
which gives legislative autonomy to the federating states in matters such as public  
procurement. As a result, the federal legislation cannot be implemented in the states  and 
the states are required to pass their own public procurement laws. 
However, due to intensive advocacy, we are happy to report that at present 18states out of 
the 36 states of the Federation, have passed Public Procurement Laws and have


key: chroma:document
string_value:
established Pub lic Procurement Bureaus. The states are Adamawa, Anambra,  Bauchi 
,Bayelsa, Delta ,Ebonyi, Ekiti, Enugu, Imo, Jigawa, Kaduna, Kebbi, Kwara, 
Lagos , Niger, Ondo, Osun, and Rivers. Corruption in Procurement: 
The BPP, the course of its activities identify case s of corruption in the procurement  
process and reports same to the anti-corruption enforcement agencies. A list of such cases 
reported to the EFCC from 2010 to 2012 is attached as Annexture 4. 
Article 12 –Preventing Corruption in the Private Sector-Enhancing 
Accounting and Auditing Standards 
The Companies and Allied Matters Act (CAMA) provides a statutory framework for the  
regulation of the operation of private companies and provides specific guidelines on their


key: chroma:document
string_value:
regulation of the operation of private companies and provides specific guidelines on their  
formation, registration, ownership, accountin g, filing of annual returns and reporting of  
company affairs. The CAMA establishes the Corporate Affairs Commission (CAC)  
which is a depository for all company information and ensures compliance with  
regulations. It also enables access to information on le gal and natural persons behind  
corporate entities. 
Further, all professional bodies in Nigeria such as the Nigerian Bar Association, The  
Medical and Dental Council, etc. are established by statute and these enabling laws  
provide for issuance of Codes of Professional Conduct as a mechanism for complaint and


key: chroma:document
string_value:
provide for issuance of Codes of Professional Conduct as a mechanism for complaint and  
sanctions. There are also several sector specific industry regulators such as the Central  
Bank of Nigeria (CBN) and the Nigerian Deposit Insurance Company (NDIC) in the  
banking and financial sector; The Special Control Unit Against Money Laundering  
(SCUML) dealing with designated non - financial institutions (DNFI); The Securities and  
Exchange Commission (SEC) regulating The Capital Market; and the Nigerian Extractive 
Industries Transparency Initiative (NEITI) for the Extractive sector.  In respect of 
accounting and auditing standards in the private sector, The National  Accounting 
Standards Board (NASB), a government regulatory body has the mandate to  issue


key: chroma:document
string_value:
Standards Board (NASB), a government regulatory body has the mandate to  issue 
commercial accounting standards for the Country andmonitor compliance. 
There are several Public /Private Initiatives to curb corruption and ensure transparency  
and accountability such as the anti-money laundering initiatives between the CBN, ACAs 
and the Banking and Financ ial sector; The Code of Corporate Governance developed by  
the SEC, the CAC and private sector companies; The United Nations Global Compact  
and the Business Action Against Corruption (BAAC) which Nigeria has signed on to. 
There are codified Conflict of Inte rest rules enshrined in the Code of Conduct for Public  
Officers and the Public Procurement Act.


key: chroma:document
string_value:
Officers and the Public Procurement Act. 
The challenge in implementing this article stems from the fact that there is a huge  
informal sector with many businesses operating outside the CAC framework the reby 
making monitoring of compliance with regulations problematic. However, there are 
ongoing efforts to intensify the regulation of this informal sector. The CBN in 
collaboration with SCUML has just issued guidelines to Banks not to deal with DNFIs 
who are not registered with SCUML. This will ensure a comprehensive mapping of this 
sector and improve compliance with Article 12.


key: chroma:document
string_value:
S. I. 45 of 2007. 
 
FEDERAL GOVERNMENT OF NIGERIA 
 
PUBLIC PROCUREMENT ACT 2007 
(Act No. 14 of 2007) 
 
PUBLIC PROCUREMENT REGULATIONS FOR GOODS AND WORKS 
 
 In the exercise of powers granted to it under the Public Procurement Act 2007 the Bureau of 
Public Procurement hereby makes the following Regulations: 
 
Commencement 
 
 
 PART I—GENERAL PROVISIONS  
1.  Citation and application. 
 These Regulations may be cited as the Public Procurement Regulations for Goods 
and Works 2023.  These Regulations shall apply to all Procuring/Disposing Entities 
and Participants in Public Contracts and to all public procurements of Goods and 
Works except where a waiver is first obtained under the Act.  
 
 
2.  These Regulations for the procurement of Goods and Works have been prepared


key: chroma:document
string_value:
2.  These Regulations for the procurement of Goods and Works have been prepared 
by the Bureau of Public Procurement (BPP) pursuant to the Public Procurement 
Act for use by the Procuring Entities and Consultants participating in public 
financed contracts. 
Section 5(a), 
PPA, 2007 
3.  Revocation of prior directives. 
These Regulations and the accompanying standard bidding documents supersede all 
prior procurement Regulations, directives, circulars and or guidelines.  
 
 
4.  In these Regulations— 
 
"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.


key: chroma:document
string_value:
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 that the bidder shall not withdraw 
a bid within the period specified for acceptance and shall execute a written contract 
within the time specified in the bid. 
 
"BOO" means Build, Own, Operate contracts; 
 
"BOT" means Build, Operate, Transfer contracts; 
 
"BOOT" means Build, Own, Operate and Transfer contracts;


key: chroma:document
string_value:
"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; 
 
"Coercive practice" means harming or threatening to harm, directly or indirectly, 
persons or their property with intent to influence the manner of their participation 
in and/or their appropriate conduct of a procurement process and/ or the execution 
of a contract;


key: chroma:document
string_value:
in and/or their appropriate conduct of a procurement process and/ or the execution 
of a contract; 
 
 "Consulting Services" means any one or a combination of the following: 
 (i)  advisory and review services; 
 (ii) pre-investment or feasibility studies; 
 (iii) design; 
 (iv)  construction supervision; 
 (v) management and related services; and 
 (vi) other technical services or special studies. 
 
"Conflict of interest" means but is not limited to the following for a procurement officer: 
 
a. where a person has a direct or indirect interest in or relationship with a Bidder 
that is or may be reasonably perceived to be uneth ical due to that person's 
influence or ability to affect the procurement process. 
b.  where a person receives or benefits by taking personal advantage of an


key: chroma:document
string_value:
b.  where a person receives or benefits by taking personal advantage of an 
opportunity that properly belongs to the Procuring Entity he represents or the 
Government. 
c. where a per son for his personal benefit discloses to unauthorized persons 
confidential information belonging to; the Procuring Entity, the Government, 
or a Bidder. 
d.  where a supplier or contractor (or the firm with which it is affiliated) combines the functions 
of manufacturer or contractor with those of consultant; 
Provided that a conflict of interest may not be inferred: 
i. where a supplier/ manufacturer or contractor's bid is in combination with a 
firm offering services as a consultant and in its bid is included relevant 
information about such relationship along with a statement to the effect that


key: chroma:document
string_value:
information about such relationship along with a statement to the effect that 
it shall limit its role to that of supplier or contractor, and that neither the 
firm nor its associates and affiliates shall participate in the project in any 
other capacity. 
ii. where two or more firms (suppliers, contractors and consultants) with 
disclosure to the Procuring Entity combine to bid for and/or execute a 
Turnkey or Design and Build contract. 
 
Conflict of interest" means but is not limited to the following for a bidder: 
      Where a bidder  
a. directly or indirectly controls, is controlled by or is under common control 
with another Tenderer; or


key: chroma:document
string_value:
b. receives or has received any direct or indirect subsidy from another Tenderer; 
or 
c. has the same - representative or ownership as another Tenderer; or 
d. has a relationship with another Tenderer, directly or through common third 
parties, that puts it in a position to inﬂuence the Tender of another Tenderer, 
or inﬂuence the decisions of the Procuring Entity regarding this Tendering 
process; or 
e.  any of its afﬁliates participated as a consultant in the preparation of the design 
or technical speciﬁcations of the goods that are the subject of the Tender; or 
f. or any of its afﬁliates has been hired (or is proposed to be hired) by the 
Procuring Entity or Procuring Entity for the Contract implementation; or


key: chroma:document
string_value:
Procuring Entity or Procuring Entity for the Contract implementation; or 
g. would be providing goods, works, or non -consulting services resulting from 
or directly related to consulting services for the preparation or implementation 
of the project speciﬁed in the TD S or were provided by any afﬁliate that 
directly or indirectly controls, is controlled by, or is under common control 
with that ﬁrm; or has a close business or family relationship with a professional 
staff of the Procuring Entity (or of the project implementing agency, who: 
i. are directly or indirectly involved in the preparation of the tendering 
document or speciﬁcations of the Contract, and/or the Tender 
evaluation process of such Contract; or  
ii. would be involved in the implementation or supervision of such


key: chroma:document
string_value:
evaluation process of such Contract; or  
ii. would be involved in the implementation or supervision of such 
Contract unless the conﬂict stemming from a such relationship has 
been resolved in a manner acceptable to the Procuring Entity 
throughout the Tendering process and execution of the Contract. SBD 
 
"Contract" means an agreement entered in writing between a procuring entity and 
a contractor, supplier or consultant  
 
"Tender or Bidder " 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. 
 
"Collusive practice " means a scheme or an arrangement between two or more


key: chroma:document
string_value:
which business is conducted. 
 
"Collusive practice " means a scheme or an arrangement between two or more 
Bidders with or without the knowledge of the Procuring Entity, including non -
disclosure of subsidiary relationships, designed to establish bid prices at artificial, 
non-competitive levels or to pervert the procurement process for the benefit of 
someone, thereby depriving the Procuring Entity of the benefits of free and open 
competition. 
 
"Corruption" or "corrupt practice" means the offering, giving, receiving, or 
soliciting of anything of value to influence the action of a public official in the 
procurement process or in contract execution; 
 
"Domestic firm" means a business or professional organization: 
a. incorporated or otherwise organized in Nigeria; and


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"Domestic firm" means a business or professional organization: 
a. incorporated or otherwise organized in Nigeria; and 
b.  having its principal place of business located in Nigeria; and 
c. having at least 51% of its equity held by nationals of Nigeria; and 
d. not having its assets controlled by foreign national or organization 
incorporated or organized outside Nigerian; and


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e. with more than 50% of persons who will perform services under the 
contract whether employed directly or by a subcontractor being nationals 
of Nigeria. 
Provided that, a domestic contractor shall be treated as a foreign contractor 
in a procurement activity, if it intends to or subcontracts 30% (t hirty) 
percent or more of the value of its contract excluding provisional sums to 
foreign contractors. 
 
"Direct Labour Account " means the procurement of civil works by a p rocuring 
entity using its own internal personnel, equipment and resources; 
 
"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 a ctual value of the item in question plus all reasonable


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after consideration of the a ctual value of the item in question plus all reasonable 
imputations of cost and profit. 
 
“Framework Agreements”. An ‘umbrella' agreement called framework 
agreement between one or more Procuring Entities and a single supplier or multiple 
suppliers to establish the terms, conditions and principles for the supply of goods, 
services or implementation of works of a repeatable nature if and when required  
during a given term.  
 
“Fraudulent practice” means anyone or combined misrepresentation or omission 
of facts that affects the procurement process or contract execution to the detriment 
of the Procuring Entity; 
 
“Goods” means objects of every kind and description including raw materials,


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of the Procuring Entity; 
 
“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 including but not limited to 
transportation, insurance, installation, training, and initial maintenance.; 
 
“Government” shall mean the Federal Government of Nigeria; 
 
“Health Commodities” mean s and include s pharmaceuticals, vaccines, devices, 
disposable and reusable items and all related services incidental including but not 
limited to transportation, insurance, installation, commissioning, initial operation, 
storage, training, and initial maintenance or as described in the standard Tendering


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storage, training, and initial maintenance or as described in the standard Tendering 
documents for procurement of health Commodities 
 
“Information Systems” means and includes information technologies, including all 
information processing and communications -related hardware, software, suppli es, 
and consumable items that the supplier is required to supply and install under the 
contract, transportation, insurance, customization, installation plus all associated 
documentation, and all other materials and goods to be supplied, installed, 
integrated, and made operationally; and 
 
The related software development, customization, integration, 
commissioning,4raining, technical support, maintenance, repair, and other services


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commissioning,4raining, technical support, maintenance, repair, and other services 
necessary for proper operation of the information system to be provided by the  
selected tenderer and as speciﬁed in the contract  or as described in the standard 
Tendering documents for procurement of information systems.


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“Interim Performance Certificates ” means evidence that a contract or supplier 
has 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; 
 
“Joint Venture” means an association or combination of entities, where all member 
firms or persons are jointly and severally liable for the entire contract and shall 
designate one party to act as a leader with authority to bind the joint venture and to 
sign contract with the Procurement Entity. 
 
“Margin of Preference ” means extra mark up on price allowed any domestic


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“Margin of Preference ” means extra mark up on price allowed any domestic 
contractor or supplier Tendering under International Competitive Tendering 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; 
 
“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; 
 
“Open Competitive Bidding ” means the offer of prices by individuals or firms


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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; 
 
“Public Procurement” means the solicitation and acquisition of goods, works or 
services by the Government.” 
 
“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 or Government organ engaged in 
procurement and includes a Ministry, Extra -Ministerial Department, Government 
Agency, Parastatal, Corporation, Commission, National Assembly and Judiciary  
 
“Relevant Authority” includes Economic and Financial Crimes Commission and


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“Relevant Authority” includes Economic and Financial Crimes Commission and 
Independent Corrupt Practices Commission; 
 
Reservation of Contract; means the decision of a Procuring Entity to reserve a 
specifically identified contract opportunity for named groups including micro, 
small, and medium enterprises, women enterprises, youth enterprises, and 
enterprises of persons living with disability etc. who are appropriately registered or 
identified as such by an authority to be speciﬁed in the TDS


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“Services” means the rendering by a contract 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 object of armaments, ammunition, 
mechanical, electrical equipment or other thi ngs as may be determined by the 
President needed by the Armed Forces or Police Force as well as the services 
incidental to the supply of the objects; 
 
“Standard Tendering Document” Standard Templates for conduct of public 
procurement issued by the BPP  
 
“Subcontractor”, means natural person, a legal person or combination of the above


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procurement issued by the BPP  
 
“Subcontractor”, means natural person, a legal person or combination of the above 
to whom any part of the goods to be supplied or works to be executed may be or is 
subcontracted to by the supplier or contractor; 
 
“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 services; 
 
“Threshold” means the monetary value ceiling issued by the BPP for carrying out 
an activity, authorizing an activity or for use and deployment of a procedure.; 
 
“Valid Period” means the period during which a bidder agrees not to increase the


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“Valid 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 o r 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.     
 
5.  If these Regulations conflict with the Government ’s procurement process


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5.  If these Regulations conflict with the Government ’s procurement process 
obligations under agreements with other countries or international organizations, 
the provisions under such international agreements shall prevail. 
 
6.  Where: 
(a)  Procuring Entity establishes the use of misrepresentation, corrupt, 
fraudulent, collusive, or coercive practices of any kind in the procurement 
process, or 
(b) the Bureau at any time establishes same.  
the Pro curing Entity shall immediately refer the matter to, or the Bureau 
shall promptly take up the matter, and will, upon substantiated evidence, 
direct:


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i. exclusion of the Bidder from further proceedings in the procurement of 
the contract or reject a proposal for contract award, or 
ii. Measures to sanction such a firm or individual, including declaring it 
ineligible, either indefinitely or for a stated period of time, to be awarded 
public financed contracts. 
7.   To be eligible to bid for and execute a public procur ement contract, every Bidder 
must: 
(a) have the necessary professional and technical qualifications, managerial 
competence, qualified personnel, bonafide reputation, financial capability, 
equipment and other physical facilities (including capacity for required  
after sales service, where appropriate) to perform the contract; 
(b) possess the legal capacity to enter the procurement contract;


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(b) possess the legal capacity to enter the procurement contract; 
 
 
(c) not be in receivership, insolvent, bankrupt or being wound -up, being 
suspended, or be the subject of any proceedings of the foregoing; 
 
 
(d) have fulfilled all its fiscal obligations and social security 
contributions;  and  
 
 
(e)  not have any directors who have been convicted in any country for a 
criminal offence related to fraudulent or corrupt practices, or criminal 
misrepresentation or falsification of facts relating to any matter; 
 
 
(f) provide all self-declarations required in the standard Tendering documents 
including an affidavit accompanying every bid indicating whether or not 
any officer of the relevant committees of the procurement entity or Bureau


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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 or confirm that all information presented in its bid are true and 
correct in all particulars. 
 
 
(g) Provide a bid security or bid securing declaration whichever is applicable.  
 
 
Section 16 (6), 
PPA, 2007 
 
8.  Government owned enterprises. 
Government-owned or controlled enterprises in Nigeria may bid for goods and  
works within the purview of the Act only if they can establish that they: 
 
(a) will meet all the prerequisites set out in the bid solicitation; 
(b) are legally and financially autonomous;  
(c)  are subject to Nigerian commercial law and not exempted by Statute from 
being sued or prosecuted;


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(c)  are subject to Nigerian commercial law and not exempted by Statute from 
being sued or prosecuted; 
(d) do not receive any form of subsidy from the public treasury.  
(e) is not a dependent agency of the Procuring Entity


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9.  Foreign Tenderers 
(a) A Tenderer is considered a foreign tenderer, if the  tenderer is not 
registered in Nigeria or where registered in Nigeria, has less than 51 
percent ownership by Nigerian citizens. JVs are considered foreign 
tenderers if the individual member ﬁrms are not registered in Nigeria 
or if they are registered in Nigeria and have less than fifty -one (51) 
percent ownership by Nigerian citizens. The JV shall not subcontract 
to foreign ﬁrms more than forty nine percent ( 49) percent of the 
contract price, excluding provisional sums. 
 
(b) Subject to the local content policy applicable in each sector. Every 
solicitation for bids by a Procuring Entity shall require f oreign 
tenderers to source at least forty (40%) percent of their contract inputs


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tenderers to source at least forty (40%) percent of their contract inputs 
(in supplies, local subcontracts, and labor) from citizen suppliers and 
contractors, and shall provide in its tender documentary evidence that 
this requirement is met. Foreign ten derers not meeting this criterion 
will be automatically disqualiﬁed  except regarding a procurement 
activity where procuring entity has evidence to indicate that the local 
industry cannot generate 40% local content and has obtained Bureau 
No Objection to prescribe a lower or no local content threshold. In all 
such cases the Procuring Entity shall require foreign bidders to set out 
a plan to build local capacity.  
 
 
All foreign contractors shall be registered with the relevant Nigerian


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a plan to build local capacity.  
 
 
All foreign contractors shall be registered with the relevant Nigerian 
authority and be issued with a Registration Certiﬁcate before they can 
undertake any supply/construction works in Nigeria. Registration shall not 
be a condition for tender, but it shall be a condition of contract award and 
signature. A selected tenderer shall be allowed to register before such 
award and signature of the Contract.  
 
 
10.  Procurement Planning 
(1) All procurements shall be undertaken within the approved budget of the 
Procuring Entity and be based on a meticulously prepared procurement plan. 
The Procuring Entity shall prepare an Annual Procurement Plan to be approved 
by the Accounting Officer. 
 
(2) The procurement plan should:


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by the Accounting Officer. 
 
(2) The procurement plan should: 
 
 
(a) be closely coordinated with the Budget departments of each Procuring 
Entity to ensure that the procurement expenditure is provided for in the 
budget; 
 
(b) indicate the appropriate procurement methods for each project to the extent 
identified and ensure that no contract splitting is carried out; 
 
 
(c)  detail the procurement steps and associated expenditure outlays for not less 
than the first 18 months thereof for projects sufficiently developed and 
evaluated; 
Section 17, 18 
& 19 -PPA, 
2007


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(d) detail indicatively the procurement steps and associated expenditure outlays 
for the remaining period of the contract; 
 
 
(e) provide for grouping of contracts to obtain economies of scale and reduce 
procurement costs; and 
 
 
(f) be continuously updated as procureme nt progresses, or new projects are 
developed in accordance with budgetary provisions. 
 
 
11.  Mandatory associations prohibited. 
No Procuring Entity shall require mandatory joint ventures, subcontracting or other 
forms of association or cooperation between firms whether domestic or otherwise. 
 
 
12.  Whenever it is established that there exists one or a combination of the following 
instances, i.e.: 
(a) If any part or the whole of a procurement has been carried out in a


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instances, i.e.: 
(a) If any part or the whole of a procurement has been carried out in a 
manner contrary to the Public Procurement Act 2007 as amended or 
procedures issued therefrom by the BPP; or 
 
(b) if a procurement was not included in the Procurement Plan; or 
 
(c) if the terms and conditions of the contract are not satisfactory to BPP; 
or 
 
(d) if the BPP comes to a determination that its certification was issued on 
the basis of false, mistaken or misleading information. 
 
The BPP shall declare a mis-procurement and withdraw the certification and or such 
other approvals as have hitherto given and shall initiate or apply such provisions of 
the Act as are relevant. 
 
 
13.  Confidentiality 
(1)  After the opening of bids, no information relating to the


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the Act as are relevant. 
 
 
13.  Confidentiality 
(1)  After the opening of bids, no information relating to the 
examination, clarification and evaluation of bids and 
recommendations concerning awards shall be disclosed either to 
any Bidder or to other persons not officially concerned with the 
procedure; until the award of contract is notified to the 
successful Bidder.   
 
(2)  Bidders shall mark as “CONFIDENTIAL” information in their Tenders that 
is conﬁdential to their business. This may include proprietary information, 
trade secrets, or commercial or ﬁnancially sensitive information. –  
 
 
Section 32(8), 
PPA, 2007 
14.  Review by BPP. 
Subject to thresholds as may be set from time to time by BPP, BPP will review all


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PPA, 2007 
14.  Review by BPP. 
Subject to thresholds as may be set from time to time by BPP, BPP will review all 
Federal procurements during the procurement process and prior to contract award 
Section 16 (1),  
PPA, 2007


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to ensure that the procurement process is carried out in accordance with the 
approved procedures.  BPP will also carry out periodic post review of contracts 
below the prior review thresholds. 
 
15.         Record Keeping 
The Procuring Entities shall maintain records of each procurement process from 
the date of advertisement through contract signature and for a minimum of ten 
(10) years thereafter in such manner and formats as the BPP might prescribe. Such 
records in electronic or hard copies shall comply with templates or standards 
issued from time to time by BPP. 
 
Section 38), 
PPA, 2007 
16.  Complaints and Appeals 
(1) Where a Bidder considers that its proposal has not been given appropriate 
attention and that it has or may suffer undue disadvantage due to a breach


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attention and that it has or may suffer undue disadvantage due to a breach 
of the law, regulation or provisions of the standard Tendering documents   
in the selection procedure by a Procuring Entity, the Bidder shall submit a 
complaint in writing not later than 15 working days after it should have 
become aware of such circumstances  or after it receives notification of 
award. In all cases of complaint against an award decision, the Bidder shall 
complain no later than 15 days after its notification of award by the 
Procuring Entity, or 15 days from the date it should have become aware of 
the circumstance complained about, whichever is earlier.  
 
 
(2) The Bidder shall first submit its complaint to the Accounting Officer of the


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(2) The Bidder shall first submit its complaint to the Accounting Officer of the 
Procuring Entity issuing the bid document. The Accounting Officer shall 
respond in writing to the Bidder within 15 working days stating what 
corrective action has or will be taken or if the complaint is rejected, stating 
the reasons for the rejection. 
 
 
(3) If the Bidder considers that its complaint has not been equitably dealt with 
or is howsoever dissatisfied with the decision of the Accounting Officer, it 
shall submit an appeal to the BPP within 10 working days of its receipt of 
the Accounting Officer’s decision. The BPP shall review the case and issue 
a written declaration within 21 working days stating what corrective action


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a written declaration within 21 working days stating what corrective action 
has or will be taken or if the appeal is rejected, stating the reasons for the 
rejection. 
 
 
(4) If the Bidder still considers that its rights have been compromised, it may 
appeal to the Federal High Court, or a tribunal set up by the Chief Justice 
of Nigeria within 30 days after receipt of the decision of the Bureau. 
 
 
(5) The following shall not be subject of a complaint or appeal: 
(a) complaints about the choice of the procurement method; 
(b) complaints about the rejection of all Bidders by the Procuring 
Entity;  
(c) complaints about a bid returned unopened because it was 
received after the submission deadline;  an d 
Section 54, 
PPA, 2007 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
S. 73 of the


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(d) complaints about a bid rejected  because it was unsigned and/or not 
accompanied by a valid bid security, if required, or submitted by a 
Bidder who was not prequalified. 
 
 
   
PART II — INSTITUTIONAL AND REGULATORY FRAMEWORK 
 
17.  The procurement function in the Federal Republic of Nigeria (FRN) will be carried 
out and supervised at three levels: 
(c) National Council on Public Procurement, hereinafter called the Council; 
 
(d) Bureau of Public Procurement, hereinafter called the Bureau; and 
 
(e) Procuring and Disposal Entity, hereinafter called the Procuring Entity.  
 
 
18.  (1) The Council will be the overall public procurement supervisory body in the 
Federal Government of Nigeria FGN. The Council shall consist of: 
 
(a) the Minister of Finance as Chairman;


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Federal Government of Nigeria FGN. The Council shall consist of: 
 
(a) the Minister of Finance as Chairman; 
(b) the Attorney-General and Minister of Justice for 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) Media; and 
 
(g) the Director -General of the Bureau who shall be the Secretary of the 
Council. 
(2) Notwithstanding the above, the Council may co -opt any person to attend its


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Council. 
(2) Notwithstanding the above, the Council may co -opt any person to attend its 
meetings but the person so co-opted shall not have a casting vote or be counted 
towards the quorum. 
(3) The Chairman and other members of the Council shall be appointed by the 
President. 
 
(4) 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; 
(c) approve the appointment of the Directors of the Bureau; 
(d) receive and consider for approval, the audited accounts of the 
Bureau;  
(e) approve changes in the procurement process to adapt to improvements in 
modern technology; and


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(f) give such other directives and perform such other functions as may be 
necessary to achieve the objectives of the Procurement Act. 
19.  (1) The Bureau shall perform the executive functions of regulating the conduct of 
procurement in the F GN as required by the Public Procurement Act 2007 as 
amended.   
(2) The Bureau: 
(a) shall be a corporate body with perpetual succession and a common seal; 
(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 these Regulations 
 
20.  The Objectives of the Bureau are: 
(a) the harmonization of existing government policies and practices on public


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20.  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 application of fair, 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. 
 
 
21.  The Bureau shall perform the following functions: 
 
(a) formulate the general policies and guidelines relating to public sector 
procurement;


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(a) formulate the general policies and guidelines relating to public sector 
procurement; 
(b)  publicize and explain the provisions of the Procurement Act; 
(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 electronic and paper editions of the procurement journal and maintain 
an archival system for the procurement journal; 
(h) maintain a national database of the particulars and classifications and 
categorization of federal contractors and service providers;


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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; 
(k) organize training and development programs for procurement professional; 
(l) periodically review the socio-economic effect of the policies on procurement 
and advise the Council accordingly; 
(m) prepare and update standard Tendering 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 procuring 
entity to which these Regulations apply; 
(p) perform procurement audits and submit such reports to the National 
Assembly bi-annually;


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(p) perform procurement audits and submit such reports to the National 
Assembly bi-annually; 
(q) introduce, develop, update and maintain related database and technology;


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(r) establish a single internet portal that sh all serve as a primary and definitive 
source of all information on government procurement containing and 
displaying all public sector procurement at all times; and 
(s) co-ordinate relevant training programs to build institutional capacity. 
 
  
PART III — ORGANIZATION OF PROCUREMENT OPERATIONS 
 
 
22.  (1) Actual procurement activities will be carried out by the Procuring Entity. A 
Procuring Entity is a Government Ministry, or a Government Agency where 
these Regulations are applicable in accordance with Section (1) of these 
Regulations. 
(2) The Accounting Officer will be the person responsible for supervision of all 
procurement activities in the Procuring Entity. The Accounting Officer will


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procurement activities in the Procuring Entity. The Accounting Officer will 
establish a Procurement Unit and a Tenders Board for the Procuring Entity. 
 
(3) The functions of the Accounting Officer shall be as follows: 
 
 
(a) certifying the availability of funds required for procurement;  
(b) committing of funds prior to contract placement. 
(c) communicating award decisions. 
(d) signing contracts. 
(e) ensuring that the implementation o f the awarded contract is in 
accordance with the terms and the conditions of award; 
(f) implementing the recommendations of the Bureau; 
(g) establishment of and appointment of members of the Tender Board; 
(h) establishment of a Procurement Management Department/Unit with 
competent personnel from the procurement cadre;


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(h) establishment of a Procurement Management Department/Unit with 
competent personnel from the procurement cadre; 
(i) Establishment of Procurement Planning Committee every year; 
(j) investigation of a complaint by a bidder; and 
(k) submission of reports of findings in respect of complaints to the Bureau 
 
 
23.  (1) The Tenders Board will be composed of: 
(a) Accounting Officer (Permanent Secretary or Chief Executive Officer) of 
the Procuring entity, who will be the Chairman; 
(b) Heads of Department. 
 
(2) The decisions of the Tender ’s Boards shall be confirmed respectively by the 
political heads of the procuring entities, the  political heads shall not  be 
Chairmen of the Tender’s Board 
 
(3) The functions of the Tenders Board shall be to approve: 
(a) procurement plans;


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Chairmen of the Tender’s Board 
 
(3) The functions of the Tenders Board shall be to approve: 
(a) procurement plans; 
(b) Entity’s Procurement Manual; 
(c)  prequalification evaluation reports; 
(d)  bid evaluation reports for goods and works; 
(e) technical evaluation reports for consultant and non-consultant services; 
(f) negotiated contracts for consultant and non-consultant services; 
(g) contract variations resulting in price changes; and 
(h) responses to complaints. 
 
 
 
 
 
Section 66 of 
the Finance Act, 
2020


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24.  (1) The Procurement Department/Unit shall serve as the Secretariat to the Tenders 
Board and the Head of the Procurement Unit will be a non-voting member and 
Secretary of the Tenders Board. 
 
(2) The Procurement Department/Unit will have the responsibility of processing all 
procurement activities including the following: 
 
(a) submission of the procurement plan prepared by the Procurement Planning 
Committee to the Tenders Board for approval; 
(b) preparation of tender notifications and request for expressions of interest; 
(c) preparation and submission to advertising media the documents for: 
soliciting quotations, prequalification, Tendering and request for proposals; 
(d) issuing documents for: soliciting quotations, prequalification, Tendering and 
request for proposals;


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(d) issuing documents for: soliciting quotations, prequalification, Tendering and 
request for proposals; 
(e) receiving and arranging opening of prequalification documents, bids, 
quotations and, request for proposals; 
(f) submission of evaluation reports to the Tenders Board for: prequalification, 
bids, quotations and consultants’ proposals, for approval; 
(g) submission of quotations for minor value procurements (below Naira 1.0 
million) to the Accounting Officer for approval; 
(h)  making arrangements for contract negotiations; 
(i) making arrangements for contract signing by the Accounting Officer; 
(j)  preparing documentation for submission to the Bureau for approval; 
(k) preparing responses to complaints for submission to the Tenders Board; for 
approval;


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(k) preparing responses to complaints for submission to the Tenders Board; for 
approval; 
(l)  preparation of documentation on complaints for submission to the Bureau; 
(m) preparation of all data and information required by the Bureau; 
any other assignment that will be given by the Accounting Officer that may be 
necessary to enhance performance of the procurement function. 
 
  
PART IV — PROCUREMENT METHODS 
 
25.  Fundamental Principles Section 16(4). 
(1) The appropriate methods, procedures and contract award for public 
procurement of goods and works shall be subject to the prior review and other 
thresholds as may be set from time to time by the BPP. 
(2) Value for money obtained through efficiency, fair access to procurement


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(2) Value for money obtained through efficiency, fair access to procurement 
opportunities s and transparency,  fitness for purpose, accountability  shall 
remain the main objective of the Procuring Entity. 
(3) All procurement shall be based on prior procurement plans supported by prior 
budgetary appropriations and no procurement proceedings shall be formalized 
until the procuring entity has ensured that funds are available to meet the 
obligations.  
(4) Except as otherwise provided for, open competitive Tendering shall be the 
primary method of procurement. 
(5) No funds shall be disb ursed from the Treasury or Federation Account or any 
bank account of any procuring entity for any procurement falling above the set


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bank account of any procuring entity for any procurement falling above the set 
thresholds unless the request for payments is accompanied by a certificate of 
“No Objection” to an award of contract duly issued by the Bureau 
(6) Contracts shall not be split into smaller units in order to avoid competitive 
Tendering or be distributed among various lots to different bidders to enlarge 
bidder participation at the cost of lesser economy and efficiency.


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26.  Open Competitive Bidding. 
(1) Except as otherwise provided in these Regulations, all Procuring Entities shall 
use Open Competitive Tendering for the procurement of goods and works and 
services. 
(2) Provided that the accounting officer of a procuring entity shall submit a request 
and obtain the approval of the Bureau where such procuring entity desires to 
apply any other procurement option prescribed in the Public Procurement 
Act,2007 as amended by -Section. 69 Finance Act, 2020. 
 
Section 24, 
PPA, 2007 
27.  Procurement methods. 
 
The following procurement methods are to be used by Procuring Entities: 
(a) National Competitive Tendering (NCT) for contracts below a certain 
monetary threshold as set from time to time by the BPP.


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monetary threshold as set from time to time by the BPP. 
(b) International Competitive Tendering (ICT) for contracts above a certain 
monetary threshold as set from time to time by the BPP.  
(c) Two-Stage Tendering for large and complex contracts where it is necessary 
to obtain first greater clarity in technical specifications and possible 
alternative technical approaches. 
(d)  Restricted Tendering (RT) for contracts for which only a limited number of 
qualified suppliers or contractors exist. 
(e) Selective Tendering (or “Request for Quotations”) for small contracts, where 
it is sufficient to obtain written quotations from at least 3 reputable suppliers 
or contractors. 
(f)  Single Source Procurement (or Direct Contracting) applied only in


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or contractors. 
(f)  Single Source Procurement (or Direct Contracting) applied only in 
exceptional circumstances and always subject to the provision of this Act. 
(g) Framework Agreement for procurement of goods, works and service s of a 
repeatable nature  
(h) Direct Labour  
 
Sections 24, 
24(3), 25, 39, 40 
of the PPA, 
2007 
28.  Thresholds for the Bid Method. 
The use of any bid methods shall be subject to monetary thresholds as set by the 
BPP from time to time 
 
Section 25(1) 
PPA 2007


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29.  Pre-qualification 
In case of NCT and ICT for the procurement of large and complex works or 
equipment, or for the procurement of highly specialized contracts, prequalification 
of Bidders may be required in order to obtain a list of technically and financial ly 
qualified Bidders. In all cases of prequalification, the PE shall use the pre -
qualification SBD if issued by the Bureau and only entities pre -qualified shall be 
invited to bid. 
 
 
30.  Invitation for Prequalification - 
(1) The Invitation for Prequalification shall contain the following information: 
 
(a) name, address, telephone/fax number(s) and website address of the Procuring 
Agency.  
(b) a brief description of the works for which applicants will be pre-qualified;


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Agency.  
(b) a brief description of the works for which applicants will be pre-qualified; 
(c) information on any particular requirements to be met  by suppliers and 
contractors. 
(d) a summary of the prequalification criteria; 
(e) a statement whether domestic preference, if any, will apply; 
(f) information on when and where the prequalification documents can be 
obtained and at what price; and 
(g) the place and approximate deadline for the submission and opening of 
applications for prequalification. 
 
Section 23 (1), 
PPA, 2007 
31.  Contents of the Prequalification Document. 
(1) Prequalification documents shall include: 
(a) a summary of the purpose of the procurement, the principal terms and 
conditions of the contract;


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(a) a summary of the purpose of the procurement, the principal terms and 
conditions of the contract; 
(b) instructions how to prepare and submit the application for prequalification, 
and at what location and what deadline; 
(c) evidence to establish the eligibility and qualifications (technical and 
financial) of the applicant; and 
(d) the criteria and procedures for evaluation. 
 
Section 23 (3), 
PPA, 2007 
32.  Submission of Prequalification Documents 
Procuring Entities shall give Bidders at least 21 days from the date when the notice 
to prequalify is published to submit their applications. Each applicant having 
expressed its interest shall be supplied the prequalification standard Tendering 
documents at a set price, which shall not exceed the reasonable cost of printing,


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documents at a set price, which shall not exceed the reasonable cost of printing, 
delivery and administration. 
 
Section 23, 
PPA, 2007 
33.  Clarifications 
 Applicants may request clarifications in writing up to the number of days before 
the submission deadline indicated in the solicitation document. A Procuring Entity 
shall promptly respond to such requests, and forward copies of its response, without 
identifying the source, to all applicants who have acquired the prequalification 
document. As a result, Procuri ng Entities may deem it necessary to amend the 
prequalification document in accordance with the requirements stipulated in the 
Prequalification document. 
 
Section 23 (4), 
(5), (6), PPA, 
2007


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34.  Advertising. 
(1) Procuring Entities shall give a time gap of at  least four weeks 
between the date of an advert inviting bids and the deadline for 
submissions of bids.  
 
(2) The advertisement shall include the following information: 
 
(a) name, address, telephone/fax number(s) and website address of the Procuring 
Agency; 
(b)  quantity, purpose of the procurement, place of delivery or location where the 
works are to be carried out; Brief description of the item to be procured 
including quantity, purpose and place of delivery or location where the works 
will be carried out; 
(c) a statement whether domestic preference, if any, will apply; 
(d) information on any particular requirements to be met by suppliers and 
contractors;


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(d) information on any particular requirements to be met by suppliers and 
contractors; 
(e) information where the bid documents can be obtained and at what price; and 
(f)  the place and deadline for the submission and opening of bids. 
 
(3) The Bid solicitations for National Competitive Tendering shall be advertised on 
the notice board of the procuring entity, any official websites of the procuring 
entity; at least two national newspapers, and in the procurement journal not less 
than four weeks for contracts within the thresholds of the Parastatals and 
Ministerial Tender's Boards and not less than six weeks for contracts above the 
threshold of the Ministerial Tenders Board before the deadline for submission 
of the bids for the goods, works and services.”


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of the bids for the goods, works and services.” 
 
(4) Bid procedures for International Competitive Tendering shall be the same as for 
National Competitive Tendering except that bids shall be advertised in at least 
two national newspapers and one relevant internationally re cognized 
publication, any official website of the procuring entity and Bureau as well as 
the procurement journal of not more than four weeks for contracts within the 
thresholds of the Parastatals and Ministerial Tender’s Boards and not more than 
six weeks for contracts above the threshold of the Ministerial Tenders Board 
before the deadline for the submission of the bids for the goods, works and 
services. 
 
Section 25(2), 
PPA, 2007 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
International


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services. 
 
Section 25(2), 
PPA, 2007 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
International 
Competitive 
Tendering 
(ICT Section 
68, Finance 
Act, 2020 
  
OTHER BID METHODS 
 
 
35.  TWO-STAGE BIDDING 
(1) Two-stage Tendering shall consist of: 
 
(a) Launching by the Procuring Entity of competitive bids for the preparation of 
design and technical specifications; and 
(b) The invitation of parties with responsive designs to submit final technical and 
financial bids; provided in all cases that the Procuring Entity shall avail only 
Bidders who responded to the first stage to proceed to and participate in the 
second stage. 
 
Section 39, 
PPA, 2007


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(2) Following evaluation, the P rocuring Entity may enter into confidential 
discussions with responsive Bidders, ask for technical clarifications and require 
necessary adjustments. The Procuring Entity shall in all cases ensure the 
confidentiality of the earlier technical proposals. 
(3)  Use of the two-stage Tendering procedure is subject to the prior no-objection 
36.   Restricted Tender (RT) 
(1) A Procuring Entity shall, in using Restricted Tender prepare, and submit to BPP 
for no-objection, a list of eligible national or international potential suppliers, 
or contractors as the case may be, which list shall be broad enough to assure 
competitive prices. 
(2) The Restricted Tender procedure is to be published only in the procurement


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competitive prices. 
(2) The Restricted Tender procedure is to be published only in the procurement 
journal and on the Procuring Entity's website. I n all other aspects, the 
procedures applicable to National Competitive Tendering shall apply also to 
Restricted Tendering, including the submission to BPP of the draft Tendering 
documents for no-objection, when subject to prior review. 
 
Section 40 (1) 
(2) (a)-(d) PPA 
2007 
37.  Request for Quotations (Selective Tendering). 
(1) Requests for Quotations for small value goods shall be issued in writing to not 
less than three reputable domestic suppliers and at the international level to at 
least three reputable suppliers in at least two different countries.


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least three reputable suppliers in at least two different countries. 
(2) Requests for Quotations for small civil works shall be issued to at least three 
reputable domestic contractors. The written requests shall state the purpose, 
payment source and terms, and provide for a reasona ble time to submit 
quotations, and indicate the time and place of opening. 
(3)  The Procuring Entity shall not allow Tendering by phone or other unverifiable 
means. 
(4) Quotations for Goods shall indicate the description, technical specifications and 
quantity and cost of the goods, including the cost of inland transportation and 
insurance as the case may be, as well as the estimated delivery time if not 
immediately available. Quotations for small works shall include the necessary


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immediately available. Quotations for small works shall include the necessary 
drawings, estimated quantities, and completion time. Quotations shall be given 
in writing. All quotations shall be opened at the same time and read out in public 
before the solicited suppliers or contractors or their representatives, if present, 
and evaluated and compared at the same time. All bids particularly the summary 
and mutually agreed vital pages, are to be counter-signed by competitive bidders 
or their representatives and the Secretary of the Tenders Board of the procuring 
entity.  The contract shall be awarded to the lowest evaluated responsive Bidder. 
(5) The analysis and recommendation for award shall be recorded in a brief


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(5) The analysis and recommendation for award shall be recorded in a brief 
evaluation report, signed by the responsible authority of the Procuring Entity 
and filed in the procurement records. For contracts below a threshold set by the 
BPP, the Procuring Entity may proceed with the Quotation procedure without 
prior approval of the BPP.  
 
Section 41 PPA 
2007 
38.  Direct Contracting 
(1) Subject to prior approval of BPP (to be provided on the basis of sufficient 
justification by the Procuring Entity) a Procuring Entity may be allowed to 
proceed to direct contracting of a particular supplier or contractor without 
competition, in the following circumstances: 
 
(a) in response to a natural disaster; 
(b) in the case of national security, if so, justified by the BPP; 
Section 42,


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(c) when equipment is proprietary in character and is obtainable only from one 
supplier; 
(d) when buying small or off-the-shelf items of small value; 
(e) when standardization or compatibility is important and 
equipment and spare parts required for expansion or repair of 
existing equipment must be procured from the original supplier 
or from a supplier of identical goods;  
(f)  when the contractor responsible for a process design requires the purchase 
of critical items from a particular supplier as a condition of the performance 
guarantee; 
(g) when, after the goods originally envisaged for the project have been 
procured through ICT, an additional quantity of the same goods is urgently 
needed to meet the requirements of the project, and when the BPP can be


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needed to meet the requirements of the project, and when the BPP can be 
satisfied that there is no advantage to obtaining these items through NCT or 
ICT; and 
(h) when the civil works to be undertaken are a  natural extension of an earlier 
or ongoing job, for which the corresponding contract had been awarded 
following NCT or ICT satisfactory to the BPP, and when it can be shown 
to the satisfaction of the BPP that the engagement of the same contractor 
will be more economical than normal bidding and will ensure compatibility 
of results in terms of quality of work. 
39.  Direct Labour Account. 
(1) Direct Labor Account means the procurement of civil works by a Procuring 
Entity using its own personnel, equipment and resources under its control for


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Entity using its own personnel, equipment and resources under its control for 
the execution of the works in question. This method may be employed in 
exceptional circumstances: 
 
(a) when the size, nat ure and location of the works are such that qualified 
contractors are unlikely to bid; 
(b) when the quantities of work cannot be defined in advance; 
(c) when ongoing works are interrupted due to breach of contract or contractor 
failure and need to be continued to avoid serious damage; 
(d) when the procurement would be carried out by the engineering 
services;  or  
(e) when there are emergencies requiring immediate attention. 
 
(1) In all cases of procurements to be carried out on a Direct Labor Account, the


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(1) In all cases of procurements to be carried out on a Direct Labor Account, the 
Procuring Entity involved shall ensure to the satisfaction of the BPP that: 
 
(a) personnel deployed to execute such civil works possess the requisite 
technical certification, professional experience, and managerial ability; 
(b) the equipment and resources to be deployed towards the execution of the 
procurement are such as are technically appropriate, numerically sufficient 
to assure that the execution of the procurement; 
(c) The combination of ( a) and (b) above shall in every case assure that the 
procurement is execut ed expeditiously, efficiently, and at reasonable 
costs. 
 
 
40.  Emergency Procedures.  
(1) Following occurrence of natural disasters such as droughts, floods, pandemics,


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40.  Emergency Procedures.  
(1) Following occurrence of natural disasters such as droughts, floods, pandemics, 
civil disturbances, insurrections, war or such times that government declares 
Section 43, 
PPA, 2007


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that an emergency situation has arisen, Procuring Entities may for  causes 
directly related to the a lleviation or remediation of the aforementioned 
circumstances carry out direct contracting of goods, works and related services 
in accordance with the emergency procurement guidelines formulated by the 
BPP. In such circumstance, every Procuring Entity shal l apply principles of 
sound procurement, economy, efficiency, transparency and accountability.  
 
(2)  At the end of the emergency, Procuring Entities that have applied emergency 
procurements shall prepare a report to BPP for its approval on the procurements 
so carried out. Subsequent procurements shall apply the Regulations without 
exception. 
41.  Framework Agreement


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so carried out. Subsequent procurements shall apply the Regulations without 
exception. 
41.  Framework Agreement  
 
1. An ‘umbrella' agreement called framework agreement between one or more 
Procuring Entities and a single supplier or multiple suppliers to establish 
the terms, conditions and principles for the supply of goods, services or 
implementation of works of a repeatable nature if and when required during 
a given term. 
2. It shall have a “Primary and a Secondar y Procurement Process ”. The 
primary Process is the initial process described in the standard bidding 
document for f ramework agreements that results in the successful 
conclusion of a framework agreement and the Secondary Process is the 
second stage process followed by a procuring entity in a framework


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second stage process followed by a procuring entity in a framework 
agreement to select an FWA contractor and award a call off contract for 
goods or contract release for Works. 
3. The principles, procedure, and detailed rules for implementing a 
Framework Agreement is as stipulated in the standard bidding document 
for Framework contracts issued by the Bureau.  
 
42.  Use of Procurement Agents and Management Contractors. 
(1) Where a Procuring Entity lacks the necessary organization, resources, and 
experience, it may employ (or be required by  BPP to employ) as its agent, a 
firm specializing in handling procurement. The agent shall strictly follow all the 
procurement procedures outlined in the contract on behalf of the Procuring


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procurement procedures outlined in the contract on behalf of the Procuring 
Entity, including the use of BPP Standard Bid Documents, review pr ocedures 
and documentation. A Procuring Entity or a number of Procuring Entities may 
employ a Procurement Agent, in carrying out procurement and management of 
framework contracts.  
 
Inspection Agents. 
(2)  Management Contractors may be employed in a similar manner for a fee to 
contract for miscellaneous works involving reconstruction, repairs, 
rehabilitation, and new constructions in emergency situations, or where large 
numbers of small contracts are involv ed. BPP's Guidelines for the Use of 
Consultants shall be used to acquire the services of the Procurement Agent or a 
Management Contractor on a competitive basis.


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Procedures for Bid Preparation, Submission, Opening, Evaluation and 
Award of Contract 
 
43.  Purchase of the Bid Documents 
(1) Sequel to advertisement of a bid, bid documentation shall be made available to 
all prospective Bidders at reasonable prices not exceeding the cost of printing, 
delivery and administration.  In the event of pre -qualifications, bid documents 
shall only be issued to prequalified Bidders. Unless otherwise agreed by the 
BPP, only Standard Bid and Contract documents issued by the BPP shall be 
used for Public Procurement at the FGN. 
(2) From the commencement date of this Regulations. The Bureau shall refuse No 
Objection Certification request of a Procuring Entity which has failed to carry 
out procurement using the standard bidding documents.


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out procurement using the standard bidding documents. 
(3)  After the advertisement/commencement of a bid proceeding, Procuring Entities 
may not c ommunicate with prospective Bidders in any manner other than as 
provided for under the Act or these Regulations. 
 
Section 23 (2). 
(4), (5), PPA, 
2007 
 
 
 
 
 
 
 
 
Section 6 (1) 
(m). 
Section (7) (6), 
PPA, 2007 
44.  Pre-bid meetings. 
(1) For complex works or supply contracts, a pre -bid meeting may be arranged 
whereat potential Bidders meet with the representatives of the Procuring Entity 
to seek clarifications. Minutes of the meeting shall be duly recorded by the 
Procuring Entity and provided to all prospective Bidders. 
 
(2) Any additional information, clarification, correction of errors or modifications


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(2) Any additional information, clarification, correction of errors or modifications 
of the bid document provided to any prospective Bidders shall be 
simultaneously sent to each purchaser of the original bid document. Such 
information, clarification, corr ection of errors or modifications shall be 
provided or made in time sufficient before the bid submission deadline to enable 
Bidders to take appropriate action. 
 
(3) If necessary, the Procuring Entity may extend the submission deadline. 
Procuring Entities shall provide reasonable access to project sites for visits by 
prospective Bidders. 
 
 
45.  Bid modification or withdrawal.  
A Bidder may modify or withdraw its bid prior to the submission deadline in 
accordance with the provisions in the bid solicitation.


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accordance with the provisions in the bid solicitation. 
 
Section 29 (4), 
PPA, 2007 
46.  Validity of Bids.  
(1) Bids shall remain valid for the period specified in the bid solicitation. Such 
period must be sufficient to enable a Procuring Entity to complete the evaluation 
and comparison of bids and to obtain all necessary approvals, including the no-
objection of the BPP such that a contract award may be made within the validity 
period. 
Extension of Validity of Bids.  
(2)  If an extension of bid validity becomes necessary due to unforeseen difficulties 
in the bid evaluation and award process, the Procuring Entity shall subject to 
the approval of the BPP, request the Bidder to extend the validity of its bid for 
Section 29(1), 
PPA, 2007 
 
 
 
 
 
 
 
Section 
29(2)(3).


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such period a s would be the minimum required to complete the evaluation, 
obtain the necessary approvals and award the contract. 
(3)  In the case of fixed price contracts, requests for second and subsequent 
extensions will be permissible only if the request for extension provides for an 
appropriate adjustment mechanism of the quoted price to reflect changes in the 
cost of inputs for the contract over the period of the extension. 
(4) Whenever an extension of the bid validity period is requested, a Bidder shall 
not be asked or be permitted to change the quoted (base) price or other 
conditions of its bid. A Bidder shall have the right to refuse to grant such an 
extension without forfeiting its bid security, but a Bidder willing to extend the


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extension without forfeiting its bid security, but a Bidder willing to extend the 
validity of its bid shall be required to provide a suitable extension of its bid 
security. 
 
 
47.  Bid Security and Bid Securing Declaration.  
(1) Procuring Entities may require Bidders in Bids within the Threshold specified 
by BPP to provide bid security to secure the validity of the bid within the period 
specified in the bid documents. The bid security shall be in the amount indicated 
in the bid documents, as specified by the BPP. Below the Threshold specified 
by BPP for Bid Security all Bids shall be accompanied with a Bid Securing 
Declaration in terms of the Form Provided in the Standard Tendering 
Documents. 
 
(2) The format of the bid security shall b e in accordance with the form


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Documents. 
 
(2) The format of the bid security shall b e in accordance with the form 
included in the bid documents and Bidders may enquire from the 
Procuring Entity in advance if a particular issuing entity of a 
security is acceptable. If an issuing entity is foreign but the security 
is otherwise in conformity  with the requirements in the bid 
document, the Procuring Entity shall not reject the security.  
 
(3) To ensure confidentiality of the bid price, bid securities should be set in amounts 
for all Bidders, in relation to the size of the contract, provided the amount is no 
more than 2% of the bid price. 
 
(4)  The bid security shall remain valid for a period of four weeks beyond the validity period of the


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(4)  The bid security shall remain valid for a period of four weeks beyond the validity period of the 
bids, in order to provide reasonable time for the Procuring Entity to act if the security is to be 
called or till the performance security of the successful Bidder is obtained at contract award. The 
Procuring Entity shall return the bid securities to the unsuccessful Bidders once it has signed the 
contract with the successful Bidder and obtained its performance security. 
 
(5) . A failure to accompany a bid below the bid security threshold with a bid 
securing declaration shall lead to rejection of the bid 
Section 26 (1), 
(2), (3), PPA, 
2007 
48.  Validity and Return of the Bid Security.  
(1) The Procuring Entity will call the bid security:


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2007 
48.  Validity and Return of the Bid Security.  
(1) The Procuring Entity will call the bid security: 
(a) when a Bidder withdraws or modifies its bid after bid submission. 
(b)  if a Bidder fails to sign the contract or comply with any other condition of 
contract signature, and 
(c)  if a Bidder fails to produce a valid performance security after acceptance 
of the bid award. 
 
Section 29 (3), 
(4), (5), PPA, 
2007 
49.  (1) Bids shall (where applicable) be (a) properly identified by the Bidders in order 
not to be mistaken with other bids; (b) su bmitted in writing, electronic or any 
Calling of the 
Bid Security.


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other format stipulated in the tender documents; (c) signed (physically or 
electronically) by an official authorized to bind the bidder to a contract and 
placed in a sealed envelope. 
 
(2) The Procuring Entity shall register the bids received, issue a receipt for them, 
and place them in a tamper-proof location. Bids received after the deadline shall 
be returned to the Bidders unopened. 
Bid Submission 
Procedure. 
Section 69, 
Finance Act, 
2020. 
Section 27 (2) -
(6), PPA, 2007 
 
 
50.  Appointment of the Evaluation Committee.  
(1) At least two weeks prior to opening of the bids, the designated authority of the 
Procuring Entity shall constitute the Evaluation Committee which shall be 
chaired by the Secretary of the Tenders Board.


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chaired by the Secretary of the Tenders Board. 
(2) The date, hour and place for the receipt of bids and for the bid opening shall be 
announced in the invitation to tender. The time for bid opening shall be the same 
as for the deadline for the receipt of bids or, if bids are received in a location 
different from the place of bid opening, promptly thereafter, allowing just 
sufficient time to take the bids to the place announced for bid opening. 
Section 20 (b), 
21 (4), PPA, 
2007 
Opening Date 
of the Bids. 
Section 30 (a) 
(b), (c) (d), 
PPA, 2007 
 
51.  Public Opening. 
(1) Bids shall be opened in public and Bidders or their representatives shall be 
allowed to be present and verify that the bids have not been tampered with. Bids


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allowed to be present and verify that the bids have not been tampered with. Bids 
received after this time shall be returned unopened.  
(2) call-over to the hearing of all present, the name and address of each bidder, the 
total amount of each bid, the bid currency, validity period, completion period in 
the order of priority set out in the Tendering documents. 
(3) The sequence for call out of bids shall be as follows, withdrawn bids, substituted 
bid, modified bids and others. 
(4) The details mentioned above shall be accurately recorded by the Secretary of 
the Tenders Board or his delegate in the minutes of the bid opening  
(5) The bid opening exercise shall be carried out by the procurement department of


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(5) The bid opening exercise shall be carried out by the procurement department of 
the procuring entity in the presence of the legal officer or other relevant official 
of the entity and all those specified in section 70 of the Finance Act 2020.  
(6) All Bids, particularly the summary and mutua lly agreed vital pages are to be 
counter-signed by competing Bidders or their representatives and the Secretary 
of the Tenders Board of the Procuring Entity.   
(7) A copy of these Minutes signed by the designated authority shall promptly be 
sent to all Bidders  who submitted bids in time. After the closure of the bid 
opening session, the Procuring Entity shall ensure the safe keeping of the bid 
documents. 
 
 
 
 
 
 
 
 
 
 
 
 
 
Section 70 
Finance Act 
2020


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documents. 
 
 
 
 
 
 
 
 
 
 
 
 
 
Section 70 
Finance Act 
2020  
 
 Examination and Comparison of Bills  
52.  Confidentiality of Procedures. 
(a) No information relating to the examination, clarification and evaluation of bids 
and recommendations concerning awards shall be communicated to any person 
not officially concerned with these procedures until the award of a contract to 
the successful Bidder is announced. 
(b) Any effort by a Bidder to inﬂuence the Procuring Entity in the evaluation or 
contract award decisions may result in the rejection of its Tender – SBD.


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(c) Notwithstanding the above, from the time of Tender opening to the time of 
Contract Award, if any Bidder wishes to contact the Procuring Entity on any 
matter related to the Tendering process, it should do so in writing 
 
53.  Use of Standard Evaluation Form. 
 The Procuring Entity shall use, or ensure the use of, the BPP standard bid evaluation 
report for the evaluation of goods and works to detail the specific reasons on which 
the determination for the recommendation for the award of contract is made. If the 
procurement is subject to prior review by BPP, the Procuring Entity shall send this 
Report to BPP with the Procuring Entity's contract award recommendation for BPP's 
comments and "no-objection" before the award of contract to the successful Bidder


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comments and "no-objection" before the award of contract to the successful Bidder 
is announced. The Report to BPP on the evaluation and comparison of bids shall be 
accompanied by the three lowest evaluated cost bids. If the procurement is subject 
to post review, the evaluation report and award recommendation as approved by the 
designated authority of the Procuring Entity.  
 
54.  Evaluation Procedure. 
(1) The Procuring Entity shall carry out the bid evaluation in two phases: 
(a) a Preliminary examination and 
(b) Detailed Evaluation and Comparison of Bids, in accordance with the 
evaluation criteria and methodologies stipulated in the tender documents 
to determine the lowest evaluated tender. This is the tender of the Tenderer


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to determine the lowest evaluated tender. This is the tender of the Tenderer 
that meets the qualification criteria and whose Tender has been determined 
to be: 
i. Substantially responsive to the tender documents; and  
ii. the lowest evaluated price.  
 
55.  Preliminary examination 
(1) The Procuring Entity shall carry the preliminary examination to 
verify if the bids are substantially responsive to the bid document 
i.e., whether the bid  
(a) has been properly signed and changes initialed,  
(b) is accompanied by a valid bid security, if required,  
(c) meets the laid down eligibility requirements  
(d) s complete,  
(e) quote prices for all items in the lot or package as stipulated 
in the bid document,  
(f) contains computational errors, and  
(g) is generally in order.


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in the bid document,  
(f) contains computational errors, and  
(g) is generally in order.  
(2) If a bid does not substantially conform to the specifications or contains 
inadmissible reservations or is not otherwise substantially responsive to the bid 
document, it shall not be considered further and shall be mentioned as "rejected" 
in the Evaluation Report. However, a bid should not be rejected on minor 
procedural non-conformance, which can be rectified through the clarification 
process if it has been found to be substantially responsive to the solicitation. 
 
 Section 31 (a) -
(d) PPA 2007 
 
56.  Clarification or Alteration of Bids during Evaluation 
(1) If a Procuring Entity deems it necessary to seek clarifications from a Bidder


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(1) If a Procuring Entity deems it necessary to seek clarifications from a Bidder 
after bid opening, and the Bidder shall not be permitted or requested to alter 
their bids, or to change the substance or price of the bids. 
Section 31(2), 
PPA, 2007


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Provided that, if a Tenderer does not provide clariﬁcations of its Tender by the 
date and time set in the Procuring Entity's request for clariﬁcation, its Tender 
may be rejected. 
57.  Arithmetical Errors  
 The bid pric e read out at bid opening shall be adjusted for any 
arithmetical errors, and adjustments shall be made for any quantifiable 
non -material deviations or reservations. Price adjustment provisions 
applying to the period of implementation of the contract shall not be 
considered  in the evaluation. The Procuring Entity shall notify the 
Bidders of arithmetical errors corrected . If the Bidder does not agree 
with this notification, its bid shall be rejected.  
Section 31 (4) & 
(5) PPA 2007 
58.  Currency Conversion.


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with this notification, its bid shall be rejected.  
Section 31 (4) & 
(5) PPA 2007 
58.  Currency Conversion.  
When bid prices are expressed in foreign convertible currency or currencies in any 
case not exceeding three, or where a bidder is required to state a foreign currency 
amount, it shall also state the Naira value.  
 
  
Section 32(6)  
PPA 2007 
59.  Transportation and Insurance  
For the supply of imported goods, the evaluation and comparison of bids 
shall be on the basis of CIP or CIF price. For goods manufactured in 
Nigeria, Ex Works prices are evaluated and compared. If bids are on the 
basis of CIP (Place of Destination), the cost of inland transportation and 
insurance to the place of destination shall be added to the price of 
domestically produced goods.


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insurance to the place of destination shall be added to the price of 
domestically produced goods.    
 
Section 32 (5)  
PPA 2007 
60.  Works and Turnkey Contracts. 
Under works and turnkey contracts, contractors shall be responsible for all duties, 
taxes and other levies. Bidders shall take these factors into account in preparing their 
bids. The evaluation and comparison of such bids shall be on this basis. Bid 
evaluation for works shall be strictly in monetary terms. If time is a critical factor, 
the value of early completion to the Procuring Entity may be considered according 
to criteria presented in the bid document, but only if the conditions of contract also 
provide for commensurate penalties for noncompliance. 
 
 
61.  Deviations.


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provide for commensurate penalties for noncompliance. 
 
 
61.  Deviations. 
(1) The Procuring Entity shall notify Bidders of major deviations and the resulting 
rejection of their bids. Deviations may be clarified by Bidders but not 
withdrawn. 
(2) Major deviations for Goods are: 
(a) incompatibility with the technical specifications; 
(b) unacceptable commercial terms; and 
(c) proposed performance criteria, which do not meet those specified in the 
bid documents. 
(d) Any errors in the submitted tender arising from a miscalculation of unit 
price, quantity, subtotal, and total bid price which affects the substance 
of the tender prize and will lead to a change in the winning bid if 
allowed. 
 
(3) Major deviations for works are: 
Section 31(5), 
PPA, 2007 
 
 
 
Major 
Deviations.


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(a) unacceptable subcontracting contrary to the terms in the bid 
document;  
(b) unacceptable time-phasing in construction; 
(c) unacceptable alternative design if alternative design is permitted or 
proposing an alternative design when none is permitted, and the bid does 
not respond to the requested design; 
(d) proposing a bid subject to price adjustment when the bid documents call 
for fixed price; and 
(e)  in the case of prequalification, a bid from a Bidder who was not 
prequalified. 
(f) Any errors in the submitted tender arising from a miscalculation of unit 
price, quantity, subtotal, and total bid price which affects the substance 
of the tender prize and will lead to a change in the winning bid if allowed. 
 
(4) Minor Deviations include:


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of the tender prize and will lead to a change in the winning bid if allowed. 
 
(4) Minor Deviations include: 
(a) slightly different delivery times; 
(b) slightly different payment terms; 
(c) minor attachments on equipment clarifications have been omitted from 
the bid; 
(d) minor differences in the performance criteria but not affecting the 
efficiency of an equipment or a utility; 
(e) any deviation that does not have a major impact on the cost of the bid. 
(f) Any minor errors in the submitted tender arising from a 
miscalculation of unit price, quantity, subtotal, and total bid price 
which will not if allowed affects the substance of the tender prize or 
lead to a change in the winning bid. 
(g)  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Minor 
Deviations 
62.  Alternative Bids.


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lead to a change in the winning bid. 
(g)  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Minor 
Deviations 
62.  Alternative Bids. 
 If the bid document asks for alternative bids or designs, the Bidders shall first quote 
the price for the base method and specifications indicated in the bid document and 
secondly indicate the price for the deviation or alternative solution. Only the 
alternative bid of the substantially responsive lowest evaluated bid shall be 
considered for contract award.  
 
 
 
63.  Domestic Preference 
(1) In the case of ICT, a margin of preference shall not be allowed unless it is 
speciﬁed so in the Tendering document. A procuring entity shall not subject the 
items listed below to international competitive tender and hence no margin of


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items listed below to international competitive tender and hence no margin of 
preference shall be allowed. The affected items are: 
(a) motor vehicles, plant, and equipment that are assembled in Nigeria; 
(b) furniture, textile s, foodstuffs, oil and gas, information communication 
technology, steel, cement, leather agro -processing, sanitary products, and 
other goods made in Nigeria; or 
(c) goods manufactured, mined, extracted, or grown in Nigeria. 
 
Section 34, 
PPA, 2007 
64.  Reservations  
(1) A Procuring Entity may reserve a contract below a Monetary threshold set by 
the Bureau for a speciﬁc group of businesses (groups for whom contracts may 
be reserved may include, Small and Medium Enterprises, Women Enterprises,


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Youth Enterprises, and Enterprises of persons living with disability, as the case 
may be), The procuring entity shall ensure that the invitation to tender 
speciﬁcally indicates so, and if not so stated in the Tender documents, the 
invitation to tender will be open to all interested Tenderers. Contracts procured 
on basis of international competitive tendering shall not be subject to 
reservations to speciﬁc groups. 
 
65.  Post qualification 
(1) At the time of contract award, in the event of prequalification, the Procuring 
Entity shall verify that the information provided in the prequalification 
application of the selected Bidders is still valid. Similarly, such post 
qualification will be applied with reference to the information provided by


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qualification will be applied with reference to the information provided by 
selected Bidders in a bid procedure without prequalification. In both cases, the 
Procuring Entity may deny the award to a Bidder who is adjudged no longer to 
have the capability or resources to perform the contract successfully and award 
the contract to the next lowest evaluated responsive Bidder. 
(2) At the tim e of contract award, the Procuring Entity shall determine, to its 
satisfaction, whether the eligible Tenderer that is selected as having submitted 
the lowest evaluated cost and substantially responsive Tender, meets the 
qualifying criteria speciﬁed in Section III, Evaluation and Qualiﬁcation Criteria 
of the Standard Tendering Document.


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qualifying criteria speciﬁed in Section III, Evaluation and Qualiﬁcation Criteria 
of the Standard Tendering Document. 
(3) At the time of contract award, in the event of prequalification, the Procuring 
Entity shall verify that the information provided in the prequalification 
application of the se lected Bidders is still valid. Similarly, such post 
qualification will be applied with reference to the information provided by 
selected Bidders in a bid procedure without prequalification. In both cases, the 
Procuring Entity may deny the award to a Bidder who is adjudged no longer to 
have the capability or resources to perform the contract successfully and award 
the contract to the next lowest evaluated responsive Bidder. 
 
 
66.  Rejection of Bids.


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the contract to the next lowest evaluated responsive Bidder. 
 
 
66.  Rejection of Bids. 
 Before the acceptance of a bid, the Procuring Entity may reject the bids, or cancel 
the procurement proceedings, without incurring any liability towards the Bidders. It 
shall however provide Tenderers a justification. 
 
Section 28 PPA 
2007 
 
67.  Rejection of all bids 
 The rejection of all Bidders requires the prior approval of BPP 
 
68.  Reduction in scope and size to lower price 
Alternatively, the Procuring Entity may consider a reduction in the scope and size 
of the contract, which may reduce the contract price.  Following no-objection from 
BPP, the Procuring Entity may then negotiate with the lowest evaluated Bidders to


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BPP, the Procuring Entity may then negotiate with the lowest evaluated Bidders to 
try to obtain a satisfactory contract on the basis of the revised terms and conditions. 
 
 
69.  Only one bid received, Abnormally Low Tenders, Abnormally High Tenders 
(1) If following competitive Tendering only one bid has been received and the bid 
is of good quality, meets the requirements of the bid document, is technically 
and financially responsive compared to market prices, and otherwise in order, 
the bid can be accepted and, following evaluation, awarded to the sole Bidder.


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(2) In the event of identiﬁcation of a potentially Abnormally Low Tender by the 
evaluation committee, the Procuring Entity shall apply the procedure set out in 
the Standard Tendering Document. 
 
(3) In the event of identiﬁcation of a potentially Abnormally High Tender by the 
evaluation committee, the Procuring Entity shall apply the procedure set out in 
the Standard Tendering Document  
70.  Award of Contract 
The Procuring Entity shall proceed with the award of contract within the period of 
the bid validity, with the Bidder who meets the appropriate standards of technical 
capability and financial resources and whose bid has been determined to be 
substantially responsive to the bid documents and to offer the technically acceptable


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substantially responsive to the bid documents and to offer the technically acceptable 
lowest evaluated cost. Such Bidder shall not be required, as a condition of award, to 
undertake responsibilities or work not stipulated in the specifications or to modify 
its bid as originally submitted. 
Section 33(1), 
16(17), PPA, 
2007 
 
71.  Notice of Intention to enter into a contract, Standstill period.  
 
(1) Upon award of the contract and before the expiry of the Tender Validity Period 
the Procuring Entity shall issue a Notiﬁcation of Intention to Enter into a 
Contract / Notiﬁcation of the award to all Tenderers which shall contain, at a 
minimum, the following information: 
(a) the name and address of the Tenderer submitting the successful tender.


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minimum, the following information: 
(a) the name and address of the Tenderer submitting the successful tender. 
(b) the Contract price of the successful tender. 
(c) a statement of the reason(s) the ten der of the unsuccessful Tenderer to 
whom the letter is addressed was unsuccessful unless the price 
information in (c) above already reveals the reason. 
(d) the expiry date of the Standstill Period; and 
(e) instructions on how to request a debrieﬁng and/or submit a  complaint 
during the standstill period. 
 
Section 33 (3), 
PPA, 2007 
 
72.  -Standstill Period 
The Contract shall not be awarded earlier than the expiry of a Standstill Period of 
14 days to allow any dissatisﬁed candidate to launch a complaint. Where only one


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14 days to allow any dissatisﬁed candidate to launch a complaint. Where only one 
Tender is submitted, the Standstill Period shall not apply. 
Where Standstill Period applies, it shall commence when the Procuring Entity has 
transmitted to each Tenderer the Notiﬁcation of Intention to Enter into a Contract 
with the successful Tenderer. 
 
73.  Letter of Award 
Before the expiry of the Tender Validity Period and upon expiry of the Standstill 
Period speciﬁed in the TDS, upon addressing a complaint that has been ﬁled within 
the Standstill Period, the Procuring Entity shall transmit the Letter of Award to the 
successful Tenderer. The Letter of Award shall request the successful Tenderer to 
furnish the Performance Security within twenty -one (21) days of the date of the 
letter.


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furnish the Performance Security within twenty -one (21) days of the date of the 
letter. 
 
74.  Signing of Contract 
(1) Upon the expiry of the fourteen (14) days of the Not iﬁcation of Intention to 
enter into a contract and upon the parties meeting their respective statutory 
requirements, the Procuring Entity shall send the successful Tenderer the 
Contract Agreement


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(2) The terms and conditions of the contract shall not materiall y differ from those 
which were included in the bid document and based on which the bids were 
invited. 
(3) In the case of ICT contracts, if there are no or only minor changes in the draft 
contract, the Procuring Entity and the selected Bidder may execute the contract 
electronically or by facsimile or electronic mail provided the successful Bidder 
has been first registered with BPP. 
 
(4) The Procuring Entity shall furnish to BPP a copy of the signed contract. If the 
procurement is subject to Prior Review by BPP, notification and award are 
subject to BPPs prior approval. If the approving authority is based on BPP's 
objectives, the Proc uring Entity, the Procuring Entity's notification is only to


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objectives, the Proc uring Entity, the Procuring Entity's notification is only to 
inform the Bidder and it shall be formally notified when the final approval has 
been obtained or if it is not approved . In any event, notification shall be given 
within the bid validity period. 
75.  BPP certification of contract award. 
If the procurement is subject to prior review and BPP determines that the proposed 
award is not consistent with the terms of the bid document or is otherwise 
inconsistent with approved procurement procedures, it will promptly inform the 
Procuring Entity stating the reasons for its decision, and the bid shall not receive 
BPP's certification for contract award. 
 
76.  Performance Security precondition of contract award.


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BPP's certification for contract award. 
 
76.  Performance Security precondition of contract award. 
(1) Security for the guarantee of performance by the Bidders shall be provided by 
the selected Bidders before the contract signature.  The amount of the security 
will not be less than 10% of the contract value or a higher amount equivalent to 
the mobilization fee requested by the supplier or contractor.  
 
(2) However, the bid and contract documents shall require that if through change 
orders or for other reasons the value of the contract price exceeds the amount of 
the original contract price by a certain percentage (determined by the BPP), the 
security will be  increased by a proportional amount (also determined by the


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security will be  increased by a proportional amount (also determined by the 
BPP). The performance security shall be discharged after completion of the 
contract and expiration of the warranty period if there is no default.  
 
(3) Failure of the successful Tenderer to submit the  Performance Security or sign 
the Contract shall constitute sufﬁcient grounds for the annulment of the award 
and forfeiture of the Tender Security. In that event, the Procuring Entity may 
award the Contract to the Tenderer offering the next lowest Evaluated Tender – 
SBD 
Section 6, PPA, 
2007 
77.  Publication of Procurement Contract 
(1) Within fourteen days after signing the contract, the Procuring Entity shall 
publish and publicize the awarded contract on its notice boards, entity website;


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publish and publicize the awarded contract on its notice boards, entity website; 
and the website of the Authority in the manner and format prescribed by the 
Authority. At the minimum, the notice shall contain the following information: 
(a) name and address of the Procuring Entity. 
(b) name and reference number of the contract being awarded, a summary of 
its scope, and the selection method used. 
(c) the name of the successful Tenderer, the ﬁnal total contract price, and the 
contract duration. 
(d) dates of signature, commencement, and completion of contract.


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(e) names of all Tenderers that submitted Tenders, and their Tender price s as 
read out at Tender opening; 
 MAIN ASPECTS OF THE STANDARD BID DOCUMENTS  
78.  Standard Documents. 
(1) Procuring Entities shall use the appropriate Pre -qualification and Standard 
Tendering Documents issued by the BPP with clear instructions to the supplier 
or contractors.  Strict adherence to the instructions as provided in the 
Instructions to Tenderers are encouraged as deviations from the ITT and GCC 
might result in rejection of the Tender. 
(2) Any changes to address project specific issues shall be introduced only through 
the Specific Instructions in the bid solicitation documents, or through Tender 
Data Sheet and Specific Conditions of Contract, but not by introducing changes


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Data Sheet and Specific Conditions of Contract, but not by introducing changes 
in the Standard Instruction to Bidders or the General Conditions of Contract of 
the SBDs. 
(3) Bid documents for ICT shall be prepared only in the English language. 
(4) The relevant pre-qualification and standard Tendering documents for goods and 
works include: 
a. Pre-qualification Documents for goods and works: 
i. Prequalification Document for Works 
ii. Prequalification Document for Goods 
iii. Prequalification Document for Procurement of Health 
Commodities 
iv. Others that may from time to time be issued by the BPP. 
 
b. Standard Tendering Documents for goods and works: 
i. Standard Tendering Document for Procurement of Works (Small)  
ii. Standard Tendering Document for Procurement of Works (Large -


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ii. Standard Tendering Document for Procurement of Works (Large -
Buildings) 
iii. Standard Tendering Document for Procurement of Works (Large - 
Roads and Bridges) 
iv. Standard Tendering Document for Procurement of Complex 
Projects – EPC  
v. Standard Tendering Document for Framework Agreement (Works) 
vi. Standard Tendering Document for Framework Agreement (Goods) 
vii. Standard Tendering Document for Procurement of Goods 
viii. Standard Tendering Document for Asset Disposal 
ix. Standard Tendering Document for Procurement of health 
commodities 
x. Standard Tendering documents for Procurement of Defense 
Commodities  
xi. Any other Standard Tendering Documents and Templates that the 
BPP may from time-to-time issue  
xii. Such others as may from time to time be issued by the Bureau


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BPP may from time-to-time issue  
xii. Such others as may from time to time be issued by the Bureau  
 
 
 
 
 
 
 
 
 
 
 
 
 
Section 6(10) 
PPA, 2007 
79.  Contents of the Bid Documents. 
(1) The bid documents shall furnish all the information necessary for a Bidder to 
prepare a bid for the goods, works and related services to be supplied. 
 
(2) All bid documents shall include as a minimum — 
(a) the invitation to bid; 
(b) Instructions to Tenderers (ITT); 
(c) Tender Data Sheet (TDS);


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(d)  Bid Tender Forms;  
(e)  Contract Forms;  
(f)  General and Special Conditions of Contract; 
(g) Technical Specifications; 
(h) Infrastructure Facility Requirements (EPC); 
(i) Bills of Quantities and Drawings/Designs; 
(j) Schedule of Prices; 
(k) Delivery time or Schedule of completion; and 
(l) Necessary appendices, including forms for Proforma Bid bonds, 
Performance guarantee and Advance Payment Guarantee etc. issued by 
BPP.    
80.  Purchase of SBDs.  
 If a fee is charged for the bid documents, it shall be reasonable and reflect only the 
cost of their printing and delivery to prospective Bidders. 
 
Section 27 (6), 
PPA, 2007 
 
81.  Clarity of Bid Documents. 
(1) Bid documents and specifications shall be worded in such a manner so as to


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81.  Clarity of Bid Documents. 
(1) Bid documents and specifications shall be worded in such a manner so as to 
permit and encourage competitive bids, and shall set forth, as clearly and 
precisely as possible, the work to be accomplished, the goods, works and related 
services to be supplied, the place of delivery or installation, warranty and 
maintenance requirements, and any other pertinent terms and conditions such 
as the provision of domestic preference, if any. 
(2) The bid documents, where appropriate, shall define the tests, standards and 
methods that will be utilized to judge conformity with the original equipment 
specifications, quality of works and delivery time. Drawings shall be consistent


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specifications, quality of works and delivery time. Drawings shall be consistent 
with the text of the technical specifications and, where appropriate, an order of 
preference between the two shall be specified.  
 
 
82.  Essential Bid Information. 
(1) All prospective Bidders shall be provided the same information and shall be 
assured of equal opportunities to obtain additional information on a timely basis. 
The documents shall clearly spell out — 
(a) all factors, including price, which will be considered in evaluating and 
comparing bids; 
(b) how the evaluation criteria will be quantified or otherwise evaluated 
(methods, terms and conditions of bid evaluation); and 
(c) if alternative bids, based on alternative designs, materials, completion


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(c) if alternative bids, based on alternative designs, materials, completion 
schedules, payment terms, are permitted. In this case, the bid documents 
shall clearly state the conditions for their acceptability and the method of 
their evaluation, and require that goods, equipment and works meeting 
generally accepted business standards shall be of  equal or higher 
equivalence.   
 
83.  Specifications. 
Technical specifications and standards quoted in bid documents shall promote the 
broadest possible competition, while assuring the critical performance or other 
requirements for the goods, works and related services under procurement. As far 
as possible, the Procuring Entity shall specify generally accepted standards such as


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as possible, the Procuring Entity shall specify generally accepted standards such as 
those issued by National and International Standards Organizations with which the 
equipment or materials or workmanship shall comply.


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Procuring entities are precluded from seeking to procure and procuring goods, 
materials and services declared harmful to humans or the environment by national 
food and drug or environmental protection agencies.  
84.  Specifications for Equipment and Use of Brand Names. 
 Specifications shall be based on relevant characteristics, performances, capabilities, 
and qualities, and shall not prescribe brand names, catalogue numbers, or products 
of a specific manufacturer. If it is necessary to quote a brand n ame or catalogue 
number of a particular manufacturer to clarify an otherwise incomplete 
specification, the words "or equivalent" shall be added after such reference, except 
in very special cases when specific spare parts are required where a degree of


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in very special cases when specific spare parts are required where a degree of 
standardization is necessary to maintain certain essential features. In such cases, and 
where appropriate, the specifications shall permit acceptance of alternative goods 
which have similar characteristics and provide performance and quality at least 
equal to those specified. In all cases where brand names are deemed justified to be 
procured, prior approval of the BPP must be obtained. 
 
 
85.  Validity of Bids.  
(1) Bidders shall be required to submit bids valid for the period specified in the bid 
documents. Such period must be sufficient to enable a Procuring Entity to 
complete the evaluation and comparison of bids, obtain all necessary approvals


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complete the evaluation and comparison of bids, obtain all necessary approvals 
including the no-objection of the BPP and contract signature. 
(2) In any case, bid validity should not be for less than 60 days or more than 180 
days in the first instance. 
Section 29 (1), 
PPA, 2007 
 
86.  Currency of Bids. 
(1) Prices for bids under NCT shall be quoted in Naira. 
(2) Prices for bids under ICT shall where foreign inputs are required be expressed 
in convertible international currencies for the country of manufacture of the 
foreign inputs together with the Naira value. 
(3) .  
(4) In the case of ICT, the bid solicitation document shall state the date for 
conversion to Naira, which should be the date of bid submission/opening. The


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conversion to Naira, which should be the date of bid submission/opening. The 
source for the conversion rate shall be the medium selling rate of the Central 
Bank of Nigeria.  
(5) The Tender Data Sheet iss ued by a Procuring Entity may in exceptional but 
appropriate cases allow a Tenderer to request payments regarding inputs to be 
imported from abroad in the foreign currency of the country of its manufacture 
to the maximum of no more than three such convertible currencies. 
 
(6) In such cases the Procuring Entity shall indicate if it shall secure the foreign 
currency component requirements for a successful Bidder at the Central Bank 
rate or and in the alternative indicate that the Bidder may quote for such goods


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rate or and in the alternative indicate that the Bidder may quote for such goods 
assuming the parallel market rates. When indicated, this shall apply to all 
Bidders. 
Section 16 (27), 
PPA, 2007 
 
87.  Pricing for international bids. 
(1) For goods, the Procuring Entity shall invite bids under ICT on the basis of CIF 
(port of destination) or CIP (place of destination) for all goods offered from and 
manufactured abroad, including those previously imported, and Ex Works, Ex-
factory or off-the-shelf for goods manufactured in Nigeria. Bidders may arrange 
for ocean and other transportation and related insurance from any eligible 
source in accordance with national eligibility requirements. Where installation,


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commissioning or other similar services are required to be performed by the 
Bidders, as in the case of "supply and installation" contracts, the Bidders shall 
be required to quote additionally for these services. 
(2) For works, ICT contracts shall be priced to include all duties, taxes and other 
levies. 
 
88.  Pricing for Civil Works. 
 Bidders for civil works contracts shall be required to quote unit prices or lump sum 
prices for the performance of the works, and such prices shall include all duties, 
taxes, and other levies for all procurement methods. 
 
 
89.  Turnkey Contracts. 
 In the case of Turnkey Contracts, the Bidders shall be required to quote the price 
of the installed plant at site, including all costs for supply of equipment, marine and


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of the installed plant at site, including all costs for supply of equipment, marine and 
local transportation and insurance, installation, and commissioning, as well as 
associated works and all other services included in the scope of contract such as 
design, maintenance, operation. Unless otherwise specified in the bid documents, 
the turnkey price shall include all duties, taxes, and other levies. 
 
 
90.  Price. 
Bid documents sha ll state either that ( i) bid prices will be fixed or ( ii) that price 
adjustments will be made to reflect any changes in major cost components of the 
contract, such as labor, equipment, materials, and fuel.   
 
 
91.  Transportation and Insurance. 
(1) The bid documents shall precisely state the types and terms of insurance to be


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91.  Transportation and Insurance. 
(1) The bid documents shall precisely state the types and terms of insurance to be 
provided by the Bidders and shall indicate the kinds of risks to be insured 
against, the liabilities to be covered, and the duration of the insurance. 
(2)  For goods, the indemnity payable under transportation insurance shall be at 
least 110 per cent of the contract amount in the currency of the contract, to 
enable prompt replacement of lost or damaged goods. 
(3) For works, a Contractor's All Risk form of policy  shall be specified. The type 
and extent of insurance to be taken out is to be fully covered in the Contract 
 
92.  Alternative. Bids. 
 If alternative bids are allowed, the Bid Documents shall state clearly how such bids


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92.  Alternative. Bids. 
 If alternative bids are allowed, the Bid Documents shall state clearly how such bids 
shall be submitted, prices shall be offered and how they shall be evaluated. 
 
 Main Aspects of the Contract Documents  
93.  Conditions of Contract. 
(1) The contract documents shall clearly define the scope of work to be performed, 
the goods to be supplied, the rights and obligations of the Procuring Entity, the 
Supplier or the Contractor, and the functions and authority of the Engineer, 
Architect or Construction Manager, if one is employed by the Procuring Entity 
in the supervision and administration of the contract, including payments and 
advances to be made, if any.  
(2) In addition to the General Conditions of Contract, Special Conditions shall


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advances to be made, if any.  
(2) In addition to the General Conditions of Contract, Special Conditions shall 
specify the types of goods and works to be procured and the location of the 
project site where they should be delivered. The conditions of contract shall 
provide a balanced allocation of risks and liabilities.


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(3) A procurement contract shall comprise the documents specified in the standard 
tender documents as comprising the contract and indicate the sequence of their 
priority.  
 
94.  Performance security.  
(1) Bid documents for goods and works shall require a performance security in the 
form of a guarantee from a bank or a performance bond from an insurance 
company acceptable to the Procuring Entity, in accordance with the form 
included in the bid documents, and in an amount sufficient to protect the 
Procuring Entity against unsatisfactory quality of the goods, non -performance 
of the goods contract or the equipment installed, or non -completion of the 
works. 
(2) For Works, a portion of the security shall extend beyond the date of completion


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works. 
(2) For Works, a portion of the security shall extend beyond the date of completion 
to cover the defects liability or maintenance period up to final acceptance by the 
Procuring Entity. 
(3) In contracts for Goods, guarantees to protect the Procuring Entity against non -
performance of the contract are required only when this is normal commercial 
practice under the market conditions for the goods in question. 
(4) In supply and installation  contracts, the performance security extends until 
acceptance of installed plant and is usually replaced by a warranty for the 
warranty period. 
 
Section 36 PPA 
2007 
 
95.  Terms and Methods of Payment.  
(1) Payment terms shall be in accordance with the national law and the commercial


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95.  Terms and Methods of Payment.  
(1) Payment terms shall be in accordance with the national law and the commercial 
practices applicable to the specific goods and works to be supplied, and in 
accordance with the contract. Payments under the contract shall be made in the 
currency stipulated in the Contract. 
(2) Payments for Works are made on the basis of progress made and shall be 
certified by the supervising authority. 
(3)  Contracts for the supply of Goods shall provide for the payment on the delivery 
and inspection of the contracted goods except for contracts involving 
installation, commissioning and or operationalization, in which case a portion 
of the payment may be made after the supplier has complied with all its 
obligations under the contract. 
Section 37(1) -


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obligations under the contract. 
Section 37(1) - 
(4) PPA 2007 
 
96.  Mobilization Fees.  
(1) Contracts for works may provide for mobilization fees an d advances to the 
contractor. If so agreed, the contract documents shall: 
(a) specify any advances that may be made for supply of equipment and 
machinery, mobilization expenditures, or shipment of materials on site in 
percentages of the contract price, 
(b)  require that such advance payments shall be covered by an unconditional 
and irrevocable bank guarantee issued by a bank acceptable to the 
Procuring Entity, and 
(c) specify the modalities and the terms and conditions under which the 
guarantee will be recovered and released. 
 
Section 35 (1) 
(2). 
PPP, 2007 
97.


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guarantee will be recovered and released. 
 
Section 35 (1) 
(2). 
PPP, 2007 
97.   
Advance payments made upon signature of the contract for mobilization and 
expenses should be reasonable and not exceed 30% of the contract price for local 
contractors   and 15% for foreign contractors. 
Section 71 
Finance Act, 
2020


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98.  Change Orders. 
During the execution of a contract, changes may occur in the quantity 
of work done requiring amendments to the contract agreement between 
the Procuring Entity and the contractor. Such amendments are executed 
by a change order or variation order, provisions for which are made in 
the Special Conditions of Contract and are justified in the reports on the 
contract execution. The Procuring Entity shall seek BPP's no -objection 
prior to the proposed amendment , if the co ntract is above the prior 
review threshold or the tenders board when the contract is below the 
prior review threshold.  
 
99.  Retention Fees. 
If retention fee is required by the Procuring Entity,  it should not exceed 
10% of the contract price.


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If retention fee is required by the Procuring Entity,  it should not exceed 
10% of the contract price.  
 
100.  Use of both a performance security and retention money. 
If the contract provides for both a performance security and retention fee, the total 
amount of both performance security and retention money should not be less than 
15 % of the contract sum. 
section 72 
Finance Act-
2020) 
101.  Interest on delayed payments.  
Procuring Entities should endeavor to make payments promptly and in accordance 
with the terms and conditions of the contract. Any payment due for more than sixty 
days following submission and verification of an invoice shall be deemed a delayed 
payment. The contract document shall state th e period of sixty days for delayed


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payment. The contract document shall state th e period of sixty days for delayed 
payments and specify the rate at which interest (being penalties for late payments) 
will be paid.  
 
Section 37 (1) 
(4) (d), PPA, 
2007 
 
102.  Indemnification Requirements. 
Contracts shall clearly state that the proceeds of any claim arising from performance 
guarantees, advance payment guarantees, and any insurance policies entered into by 
the contractor under the terms of the contract, shall be payable to the Procuring 
Entity. 
 
103.  Liquidated Damages and Bonus Clauses. 
Contracts shall provide for liquidated damages or similar clauses in an appropriate 
amount to cover the cost of delays in the delivery of goods or failure to meet


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amount to cover the cost of delays in the delivery of goods or failure to meet 
performance requirements, or non-completion of the works, which result in loss of 
revenues or other benefits to the Procuring Entity. 
 
104.  Force Majeure. 
The Conditions of Contract shall stipulate that failure on the part of the parties to 
perform their obligations under the contract will not be considered a default if such 
failure is due to force majeure as defined in the contract. 
 
 
105.  Applicable Law and Settlement of Disputes. 
The Conditions of Contract shall contain provisions dealing with the applicable law 
and the forum for the settlement of disputes and for NCT, the national law of Nigeria 
shall prevail.


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DISPOSAL OF PUBLIC PROPERTY  
(Sections 55 and 56, PPA, 2007) 
 
106.  (1) Disposal of public assets shall be carried out per the Act, these Regulations , 
BPP Asset Disposal Procedure Document and the Procurement Manual.  For 
this Act, public property is defined as resources in the form of tangible and non-
tangible assets (ranging from serviceable to unserviceable): 
(a) created through public expenditure; or 
(b) acquired as a gift or through deeds; or 
(c) acquired in respect of intellectual proprietary rights; or  
(d) acquired on financial instruments (including shares, stocks, bonds etc.); and 
(e) acquired by good will and any other gifts of the Federal Government. 
 
 
107.  (1) A procuring entity shall maintain a record of  its disposal proceedings and


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107.  (1) A procuring entity shall maintain a record of  its disposal proceedings and 
contract management for a period of ten years from the date of a decision to 
terminate a disposal activity or the date of completion of a disposal activity, 
whichever comes first. 
(2) Where a contract is on-going or is challenged, the records shall be kept for five 
additional years after the completion of the contract or the settlement of the 
dispute, whichever comes earlier. 
(3) The records of a procuring entity specified in this regulation shall be open to 
inspection by the Bureau during working hours. 
 
 
108.  (1) The Accounting Officer shall ensure that the assets of a procuring entity are 
reviewed on an annual basis, to identify those which are obsolete and should be


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reviewed on an annual basis, to identify those which are obsolete and should be 
subject to disposal. 
(2) Every Procuring Entity shall maintain an asset register identifying all assets its 
owns and a minimum information not limited to date of purchase, purchase cost, 
model number and brand, life span, state of maintenance indicating actual 
problem if any etc. 
(3) Assets to be disposed of shall be grouped in contracts or lots in a manner which 
attracts maximum possible competition. 
(4) Where an asset is to be disposed of through a public auction, a procuring entity 
shall maximize the number of assets to be disposed of at a time in order to 
reduce the administration and transaction costs.  
(5)  A procuring entity or procuring entities may pool assets for purposes of


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(5)  A procuring entity or procuring entities may pool assets for purposes of 
common disposal. 
(6) A procuring entity may appoint a committee to identify assets to be disposed of 
on a periodic basis. 
(7) 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. 
(8) Before slating any public property for disposal, th e 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 an evaluation report for such property by an independent


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preparation of an evaluation report for such property by an independent 
Evaluator, or such professional with appropriate competence to carry out the 
valuation.


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109.  (1) A user department or a procuring entity shall initiate the disposal process for 
assets under its management. 
(2) Initiation of disposal requirement may follow the recommendation of the 
Committee appointed by the Accounting Officer.  
(3) A disposal requirement shall include a clear indication of the assets to be 
disposed of and the approval to commence disposal proceeding s for the 
specified assets. 
(4) Approval to commence disposal proceedings shall be approved by Tenders 
Board or the Accounting Officer. 
(5) Documentation related to the disposal requirement shall state the appropriate 
reference number from the asset register. 
 
 
 
110.  (1) A procuring entity shall select one of the following disposal methods. 
 
(a) public auction; 
(b) public tendering;


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(a) public auction; 
(b) public tendering; 
(c)  sale to public officers; 
(d)  trade-in; 
(e) transfer to another procuring entity; 
(f) destruction of assets. 
 
(2) A procuring entity shall consider the following factors in selecting a disposal 
method— 
 
(a) the potential market value of the asset; 
(b) the volume of the asset, whether one-off or bulk; 
(c) the number and location of potential bidders; 
(d) the location of the asset; 
(e) restrictions on export or end-users; 
(f) national security and public interest issues; 
(g) health and safety issues; 
(h) legal or human rights issues; 
(i) environmental considerations; 
(j) the trade-in value of the asset; and 
(k)  the possibility of transferring the asset to another procuring entity.


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(k)  the possibility of transferring the asset to another procuring entity. 
 
 
111.   A public auction may be used where— 
 
(a) there are no conditions of end-user or export restrictions attached to the sale; 
or 
(b) there is a large number of potential bidders or assets to be disposed of in one 
location and where an on-site auction is arranged to avoid transport costs. 
 
 
112.  (1) Public Tendering may be used— 
 
 (a)  for high-value or unusual assets; 
 
 (b)  for assets located in remote areas; 
 
 (c) for assets that have a geographically dispersed potential market;


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(d) for assets with end-user or export restrictions attached to their sale; 
 
 (e) where conditions need to be attached to the sale of the asset; or 
 
 (f) where post-bid negotiations may be required. 
 
(2) To promote probity, fairness and competition, a procuring entity shall not 
dispose of a public asset outside of a public process where an open and 
competitive process may be successful 
113.  (1) Disposal by Sale to a public officer may be used where: 
 
(a) where there is no likely benefit or financial advantage to a procuring entity, 
in using any other disposal method; 
(b)  where the assets for disposal are a small number of low value items which 
are unlikely to attract public interest; 
(c) where the personal use of disposal assets would directly benefit the


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are unlikely to attract public interest; 
(c) where the personal use of disposal assets would directly benefit the 
performance of a public officer in the execution of his or her duties within a 
procuring entity; or 
(d) in remote locations, where any other method of disposal would be difficult.  
 
(2) Disposal by sale to public officials shall be contracted to an independent agent. 
(3) Assets for sale to public officers shall be for personal use but not business or 
commercial use. 
(4) A public officer shall not be permitted to participate in any disposal process as 
a bidder, except under the sale to public officers’ method. 
 
(5) An asset shall be considered as an asset for business or commercial use where—


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(5) An asset shall be considered as an asset for business or commercial use where— 
(a) an excessive number of purchases of a similar asset is made within a limited 
time period; 
(b) there is frequent resale of assets purchased within a limited time period 
following the disposal; or 
(c) there is purc hase of more than one similar asset during the same disposal 
process.  
 
 
114.  (1) Trade-in may be used where the trade-in of surplus assets to offset the purchase 
price of new items provides a convenient, economic and efficient way of 
upgrading equipment. 
(2) Notwithstanding sub regulation (1), trade-in shall not be used where it prevents 
the operation of open and fair competition or where it reduces the value for 
money in a procurement process.


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the operation of open and fair competition or where it reduces the value for 
money in a procurement process. 
(3) Trade-in shall not be used where factors other than price have to be considered 
in the disposal process. 
 
 
115.  Destruction of an asset shall be the least favored method of disposal, but may be 
used— 
(a) on grounds of national security or public interest, health and safety, legal or 
human rights issues or environment considerations; or 
(b) where the asset has no residual value, and it cannot be transferred to any 
other procuring entity or converted or classified into another form with any 
value.


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116.  (1) Transfer to any other procuring entity may be used where the other procuring 
entity shall make further use of the asset. 
(2) The cost of the asset shall be agreed between the two procuring entities. 
(3) Transfer may be at no cost if it is uneconomic to charge for the asset. 
 
 
 
117.  Procedure for disposal methods 
(1) Where the disposal entity decides to adopt any of the disposal methods provided 
in the regulations, it shall require every Bidder to indicate on the appropriate 
Price Schedule the unit prices and total price of the items it proposes to purchase 
under the contract. 
(2) Prices quoted by the Bidder shall be ﬁxed during the tender validity period and 
not subject to variation on any a ccount. A tender submitted with an adjustable


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not subject to variation on any a ccount. A tender submitted with an adjustable 
price quotation will be treated as non-responsive and will be rejected. 
 
 
118.  Deposit 
(1) The Bidder shall put a deposit for every item bided for in the amount indicated 
in the schedule of items and prices, to the Ba nk account indicated in standard 
Tendering documents. Failure to put the required deposit for any item tendered 
will lead to disqualiﬁcation of the tender for the item. 
(2) The unsuccessful bidder’s deposit will be discharged or returned as promptly as 
possible but not later than seven (7) days after the expiration of the period of 
bid validity prescribed by the Disposing Entity. 
(3) The successful bidder’s deposit will be credited to his bid price so that it forms


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(3) The successful bidder’s deposit will be credited to his bid price so that it forms 
part of the amount of the bid and the bidder will be required to pay the bid price 
less the deposit security. 
(4) The deposit shall be forfeited: 
a) If a bidder withdraws its tender during the period of tender validity 
speciﬁed by the Procuring Entity. 
b) In the case of a successful Tenderer, if the bidder fails to pay the balance 
of the bid price. 
 
 
119.  Validity of Bids 
(1) Bids shall remain valid for 60 days or as speciﬁed in the Standard Tendering 
Documents. Bids valid for a shorter period shall be rejected by  the Disposing 
Entity as non-responsive. 
(2) In exceptional circumstances, the Disposal Entity may solicit the Bidder's


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Entity as non-responsive. 
(2) In exceptional circumstances, the Disposal Entity may solicit the Bidder's 
consent to an extension of the period of validity. The request and the responses 
thereto shall be made in writing. The deposit paid shall al so be suitably 
extended. A Bidder may refuse the request without forfeiting its deposit. A 
Bidder granting the request will not be required nor permitted to modify its 
tender. 
 
 
120.  Viewing of Items to be disposed  
Prospective bidders shall be allowed to view the items to be sold before Tendering 
to enable them to arrive at the most reasonable and competitive tenders. The bids 
are based on “AS WHERE IT IS AND THE CONDITION IT IS IN” and the 
conditions of the items are not guaranteed or warranted by the disposing entity.


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121.  Sealing and Marking of Bids 
(1) The Bidder shall deliver the bid in a single, sealed envelope bearing the name 
and Reference number of the lot, addressed to the Procuring Entity, and a 
warning not to o pen before the time and date for the Tender opening date. 
Within the single outer envelope, the Tenderer shall place another sealed 
envelope containing the list of and prices of the items tendered for and 
addressed as follows. 
a) Bear the name and address (including telephone number and email) of 
the Bidder; 
b) Bear the name and Reference number of the lot; 
c) Bear the name and address of the Disposing Entity; and 
d) Attach a payment slip or certiﬁed banking details from a bank, 
warranting the deposit payment made for the items bided for.


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warranting the deposit payment made for the items bided for. 
(2) If all envelopes are not sealed and marked as required, the Disposing Entity will 
assume no responsibility for the misplacement or premature opening of the Bid, 
or failure to contact the Bidder or advise on the status of the bid or refund of the 
deposit. Bids that are misplaced or opened prematurely will not be accepted. 
 
 
122.  Deadline for Submission of Bids 
 Bids must be received by the Disposal Entity at the address 
speciﬁed not later than: (day, date, and time). 
 The Disposal Entity may, at its discretion, extend this deadline 
for the submission of bids by amending the Tendering 
documents. 
 
 
123.  Modiﬁcation of bids 
(1) The Bidder may modify or withdraw its bids after submission, provided that


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123.  Modiﬁcation of bids 
(1) The Bidder may modify or withdraw its bids after submission, provided that 
written notice of the modiﬁc ation, including substitution or withdrawal of the 
tenders, is received by the Disposal Entity before the deadline prescribed for 
submission of bids. 
(2) The Bidder’s modiﬁcation or withdrawal notice shall be prepared, sealed, 
marked, and dispatched no later than the deadline for submission of bids. 
(2)  No bid may be modiﬁed after the deadline for submission. 
 
 
124.  Withdrawal of Bids 
No bid may be withdrawn in the interval between the deadline for submission and 
the expiration of the period of bid validity speciﬁed in the Tendering document. 
Withdrawal of a bid during this interval may result in the Bidder's forfeiture of its 
deposit.


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Withdrawal of a bid during this interval may result in the Bidder's forfeiture of its 
deposit. 
 
 
125.  Opening of Bids 
(1) The Disposing Entity will open all bids in the presence of Bidders/ 
representatives who choose to attend at: (Time, Day, and Date)  and in the 
location speciﬁed in the advertisement/standard Tendering document. The 
Bidders or representatives who are present shall sign a register evidencing their 
attendance. 
(2) The Bidder's names, bid modiﬁcations or withdrawals, bid prices, and the 
presence or absence of requisite deposit and such other details as the Disposing 
Entity, at its discretion, may  consider appropriate, will be announced at the 
opening.


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(3) The Disposing Entity will prepare minutes of the tender opening. 
 
126.  Clariﬁcation of bids 
(1) To assist in the examination, evaluation, and comparison of bids, the  
Disposing Entity may, at its discretion, ask the bidder for a clariﬁcation of its 
bid. The request for clariﬁcation and the response shall be in writing, and no 
change in the prices or substance of the bid shall be sought, offered, or 
permitted. 
(2) Any effort by the Bidder to inﬂuence the Disposing Entity may result in the 
rejection of the bid. 
 
 
127.  Evaluation and Comparison of Bids 
(1) The disposing entity will examine the bids to determine whether they are 
complete, whether the bidder has fulﬁlled the eligibilit y criteria, whether any


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complete, whether the bidder has fulﬁlled the eligibilit y criteria, whether any 
computation errors have been made, whether required deposits have been 
furnished, whether documents have been properly signed, and whether the bids 
are generally in order. After examination, a bid that is determined to be 
substantially non-responsive will be rejected. 
(2) Provided that the bid is substantially responsive, the disposing Entity shall 
handle errors on the following basis: 
a) Any error detected if considered a major deviation that affects the 
substance of the bid, shall lead to  disqualiﬁcation of the bid as non -
responsive. 
b) Any errors in the submitted bid arising from a miscalculation of unit 
price, quantity, subtotal, and total bid price shall be considered as a major


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price, quantity, subtotal, and total bid price shall be considered as a major 
deviation that affects the substance of the bid and shall lea d to 
disqualiﬁcation of the bid as non-responsive .and 
c) If there is a discrepancy between words and ﬁgures, the amount in words 
shall prevail, unless the amount expressed in words is related to an 
arithmetic error, in which case the amount in ﬁgures shall prevail. 
(3) The Procuring Entity will evaluate and compare the bids, which have been 
determined to be substantially responsive. 
(4) The bid evaluation committee shall evaluate the bids within 30 days of the 
validity period from the date of bid opening. 
 
 
128.  Wining Criteria 
The Disposing Entity will dispose the assets to the successful bidder(s) whose tender


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128.  Wining Criteria 
The Disposing Entity will dispose the assets to the successful bidder(s) whose tender 
has been determined to be substantially responsive and has been determined to be 
the highest tendered price, subject to the reserve price. 
 
 
129.  Notiﬁcation of Acceptance of Bid 
Before the expiration of the period of bid validity, the Disposing Entity will notify 
the successful Bidder in writing that its bid has been accepted also further notify 
other Bidders that their tenders have been unsuccessful. 
 
 
130.  Foreign Companies  
 Foreign companies and companies owned wholly or partly by foreign 
governments are not eligible for the purchase of public assets in Nigeria except 
with an exemption granted in writing by the BPP.


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SCHEDULE 1 
 
Review and Approval of Procurement Decisions 
 
Review of Procurement Decisions 
 
1. For all procurement subject to prior review  in accordance with thresholds 
[specified below…] [announced separately in BPP Procurement Notes], BPP 
shall fulfill the review function.  For this purpose, B PP shall review the 
procurement arrangements proposed by the Procuring Entity, including contract 
packaging, applicable procedures, and the planning of the procurement process, 
for its 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 and agree with BPP on corrective 
measures. 
 
Internal Procurement Review at the Procuring Entity.


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measures. 
 
Internal Procurement Review at the Procuring Entity. 
 
2. For all procurements below the prior review threshold, the Tenders Board of the 
Procuring Entity shall be the Approving Authority. 
 
3. The Procurement Unit (PU) of a Procuring Entity prepares all procurement 
documents, including procurement plans, in collaboration with the project and 
budget units, and prepares requests for approvals by the Approving Authority. 
 
4. The Procurement Planning Committee (PCC), which is composed of 
representatives of various departments in a Procuring Entity, reviews 
procurement plans to ensure that they meet the needs and budget o f the 
Procuring Entity and bids are on schedule with the needs assessment.


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Procuring Entity and bids are on schedule with the needs assessment. 
 
5. Above the Prior Review Thresholds.  With respect to all contracts above the 
amount indicated [below] [in the BPP Procurement Note, issue #1 ….] the 
following will apply: 
 
6. In cases of prior review contracts where prequalification is used, the Procuring 
Entity shall, before prequalification submissions are invited, furnish BPP with 
the draft documents to be used, including the text of the invitation to prequalify, 
the prequal ification questionnaire, and the evaluation methodology, together 
with a description of the advertising procedures to be followed, and shall 
introduce such modifications in said procedure and documents, as BPP shall 
direct.


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introduce such modifications in said procedure and documents, as BPP shall 
direct. 
 
7. Subsequently, the Procuring Ent ity shall evaluate the submissions of the 
applicants in accordance with the standard evaluation form for prequalification; 
furnish to BPP for its comments the report evaluating the applications it 
received, the list of the recommended prequalified bidders,  together with a 
statement of their qualifications and of the reasons for the exclusion of any 
applicant for prequalification. The Procuring Entity shall furnish this 
information to BPP before the applicants are notified of the Procuring Entity's


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decision, and the Procuring Entity shall make such additions to, deletions from 
or modifications in the said list as BPP shall direct. 
 
8.  Before bids are invited , either for contracts with or without prequalification, 
the Procuring Entity shall furnish to BPP for its comments, draft bid documents, 
including the invitation to bid; instructions to Bidders, which also include the 
basis of bid evaluation and contract award; and the conditions of contract and 
specifications for supply of goods, or installation of equipmen t, or the civil 
works, as the case may be, together with a description of the advertising 
procedures to be followed for Tendering when prequalification has not been 
used, and shall make such modifications in said documents as BPP shall


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used, and shall make such modifications in said documents as BPP shall 
reasonably request. Any further modification shall require BPP's approval 
before it is issued to the prospective Bidders. 
 
9. For the evaluation of bids , the Procuring Entity shall use BPP's Standard Bid 
Evaluation Report. 
 
10.  After bids 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, a detailed report (prepared, if BPP shall so request, by experts 
acceptable to BPP), o n the evaluation and comparison of the bids received, 
together with the recommendations for award, the draft contract submitted by 
the lowest evaluated Bidders, and such other information as BPP shall


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the lowest evaluated Bidders, and such other information as BPP shall 
reasonably request. The Report to BPP on the evaluation  and comparison of 
bids shall be accompanied by the three lowest evaluated cost bids. 
 
11. When BPP determines that the intended award would be inconsistent with the 
bid document and the approved procurement procedures, it shall promptly 
inform the Procuring E ntity and state the reasons for such determination. 
Otherwise, BPP shall provide its no-objection to the draft contract and authorize 
the Procuring Entity to proceed with the award and the signature of the contract. 
The Procuring Entity shall promptly confirm the award to the selected Bidders. 
 
12. If the approving authority is at a higher level than the Accounting Officer or


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12. If the approving authority is at a higher level than the Accounting Officer or 
Director General of a Procuring Entity, the Tenders Board with will after no -
objection by the BPP, submit the proposed award to the desig nated approving 
authority and if approval is obtained, so inform the Bidders. If approval is not 
given, the Tenders Board shall discuss with the BPP what next steps to take. 
This procedure may lead to a cancellation of the procurement procedure. 
Because cancellations of procurement are very costly to the State and to the 
Bidders as well and may undermine the trust between the public and private 
sectors, cancellation of the procurement procedure shall only be considered in 
cases where there is absolute certa inty about the critical flaws in the


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cases where there is absolute certa inty about the critical flaws in the 
procurement process. 
 
13. If the Procuring Entity requires an extension of bid validity to complete the 
process of evaluation, obtain necessary approvals and clearances and to make 
the award, it should seek BPP's prior appr oval for the extension of the bid 
validity period.


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14.  If the Procuring Entity receives protests or complaints from bidders about the 
evaluation, the Procuring Entity shall send a copy of the Procuring Entity's 
response to BPP for information. 
 
15.  The terms and conditions of a contract shall not, without BPP's prior approval, 
materially differ from those on which bids were issued or prequalification of 
contractors was carried out. 
 
16. One certified copy of the contract shall be furnished to BPP promptly after its 
signing. 
 
17. The description and amount of the contract, together with the name and address 
of the successful bid, shall be subject to public disclosure by the Procuring 
Entity and BPP, when the contract is signed and duly recorded by the Procuring 
Entity.


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Entity and BPP, when the contract is signed and duly recorded by the Procuring 
Entity.  
 
18.  Below the Prior Review thresholds , in all cases below the prior review 
thresholds of the BPP, the Procurement Unit shall prepare the procurement 
documents for submission to the Accounting Officer or the Tenders Board for 
approval. 
 
19. Post Procurement Review . The BPP shall order a bi -annual post review by 
independent consultants of at least 20% of all the contracts in a Procuring Entity 
that are not subject to prior review, representing a representative sample of 
small medium and large contracts, to verify if  procurement procedures were 
carried out in accordance with the Regulations. The results of the Independent


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carried out in accordance with the Regulations. The results of the Independent 
Procurement Reviews shall be shared with the Auditor General and the 
Accountant General. 
 
20. Amendments, Modifications or Extensions . The Procuring Ent ity shall inform 
the BPP of the following during contract administration, giving the reasons: 
If an amendment to the contract, or change order, or extension would increase 
the original amount of the contract price by more than 15%. 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.


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SCHEDULE 2 
 
Domestic Preference 
 
Domestic Preferences, Section 36, PPA, 2007 
 
1. Principles of Domestic Preference. A Procuring Entity may, and subject to the 
conditions below, grant a margin of preference in the evaluation of bids for 
goods and works launched under ICT. Such preferences may be granted: 
 
(a) Up to 15% for bids from domestic suppliers for goods domestically 
produced; 
(b) Up to 7.5% for bids for works by domestic contractors. 
 
2. In such cases, advertising and the bid documents shall clearly indicate the level 
of the preference to be granted, the information required to establish the 
eligibility of a bid for such preference (paragraphs….). The bid document shall 
describe the evaluation procedure described below.   
 
Preference for Goods


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describe the evaluation procedure described below.   
 
Preference for Goods 
 
3. Where a margin of preference is granted for goods manufactured in Nigeria, responsive bids 
shall be classified in one of the following three groups: 
 
 Group A : Bids from eligible domestic suppliers exclusively offering goods 
manufactured in Nigeria, if the eligible bidder establishes to the satisfaction of 
the Procuring Entity and BPP that  labour, raw materials, and components from 
within Nigeria account for more than forty (40) percent of the Ex -Works price; 
and (b) the production facility in which they will be manufactured or assembled 
has been engaged in manufacturing or assembling such  goods at least since the 
date of the Tender submission date


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has been engaged in manufacturing or assembling such  goods at least since the 
date of the Tender submission date 
 
 Group B: All other bids offering goods manufactured in Nigeria. 
 
 Group C:  Bids offering goods manufactured outside Nigeria that have already 
been or will be directly imported. 
 
4. The Procuring Entity will first review the bids to confirm the appropriateness 
of, and to modify as necessary, the bid group classification to which Bidders 
assigned their bids in preparing their Bid Forms and Price Schedules. 
 
5. The prices quoted for goods in Group A and B shall include all duties and taxes 
paid or payable on the basic materials or components purchased in the domestic 
market or imported but shall exclude the sales and similar taxes on the finished 
product.


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market or imported but shall exclude the sales and similar taxes on the finished 
product. 
 
6. The prices quoted for goods in Group C shall be on CIP basis (place of 
destination) which is plus cost of inland transportation and insurance to the 
place of destination, but exclusive of customs duties and other import taxes 
already paid or to be paid.


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7. The evaluation of bids is carried out in the following steps.  
 
 (a)  In the first step, all bids in each group are compared to determine the 
lowest responsive bid in each group. Such lowest evaluated bids are then 
compared with each other, and if, as a result of this comparison, a bid from 
Group A or B is the lowest, it will be selected for award (i.e., no preference is 
needed.) 
 
 (b)  If as a result of the comparison under (a), the lowest evaluated bid is a bid 
from Group C, 15 percent of the evaluated CIP bid price of this bid from Group 
C is added to the price of this bid (for comparison only) and the resulting price 
is then further compared with the lowest evaluated bid fro m Group A (which 
includes a minimum of 30 percent of value added locally). The lowest


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includes a minimum of 30 percent of value added locally). The lowest 
evaluated bid from this last comparison is then selected for award.  
 
8. In the case of turnkey contracts for the supply of a number of distinct items of 
equipment as well as major installation and/or construction services, no margin 
of preference shall apply. 
 
Preference for Domestic Contractors 
 
9. For the purpose of the application of preference for domestic contractors, such 
contractors must first provide the evidence that t he contractor, either as an 
individual or as a group, qualifies with the following provisions: 
 
 (a)  it is incorporated or otherwise organized in Nigeria; 
 
 (b)  its principal place of business is located in Nigeria;


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(b)  its principal place of business is located in Nigeria; 
 
 (c)  at least 51% of the equity is held by nationals of Nigeria and its assets are 
not controlled by a foreign firm or firms; 
 
 (d)  its chief officers are nationals of Nigeria; and 
 
 (e)  at least 50% of the persons who will perform services under the contr act, 
whether employed directly or by a subcontractor, are nationals of Nigeria. 
 
10. Where a preference is granted for domestic contractors for works to be awarded 
on the basis of ICT, responsive bids shall be classified in one of the following 
two groups: 
 
 Group A:  bids from eligible domestic contractors, which have established to the 
satisfaction of the Procuring Entity and BPP to be eligible for domestic 
preference.


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satisfaction of the Procuring Entity and BPP to be eligible for domestic 
preference. 
 
 Group B:  bids from other (foreign) contractors. 
 
11. For the purpose of evaluation and comp arison of bids, after having compared 
and adjusted all bids where necessary, an amount equal to 7.5 percent of the bid 
amount of the lowest evaluated bid of group B will be added to that bid. If the


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bid from Group B is still the lowest evaluated responsive  bid, this bid from 
Group B will be selected for award. If as a result of adding the 7.5 percent of 
the bid price of the lowest evaluated bid in Group B to that bid, the lowest 
evaluated responsive bid of Group A becomes the lowest, that bid from Group 
A will be selected for award. 
 
12.  In the case of turnkey contracts for the supply of a number of distinct items of 
equipment as well as major installation and/or construction services, no margin 
of preference shall apply.


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SCHEDULE 3 
 
Information to Bidders 
 
Information for Bidders (Sections 5, 6, 17, PPA, 2007) 
 
This Annex provides information to potential Bidders interested in participating in 
public procurement.  
 
Procuring Entity's Role.  
 
The Procuring Entity is responsible for the procurement. It invites, receives, and 
evaluates Bids, and awards the contract. The Standard Bid Document and the terms 
and conditions of the standard contract between the Procuring Entity and the 
Supplier or Contractor define the rights and obligations of each contracting party.  
 
The Procuring Entity reviews the procurement procedures, documents, bid 
evaluations, award recommendations and the contract to ensure that the process is


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evaluations, award recommendations and the contract to ensure that the process is 
carried out in accordance with agreed procedures, and administers the contract 
during execution. 
 
Role of the Bureau of Public Procurement (BPP). 
 
The BPP sets thresholds for the prior review of public procurement launched by 
Procuring Entities, and for contracts subject to "prior revie w" the BPP reviews the 
documents for their correctness and issues "Certificates of no-objection for contract 
award" and for large contracts "Certificates of no-objection for payments”. 
 
If at any time in the procurement process the BPP concludes that the a greed 
procedures were not followed in any material respect, or if the certification was done


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procedures were not followed in any material respect, or if the certification was done 
on the basis of 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 and or any media it deems fit. 
 
If the BPP determines the engagement in corrupt or fraudulent practices by 
representatives of the Procuring Entity or of the Bidders, t he BPP may impose or


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representatives of the Procuring Entity or of the Bidders, t he 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 
 
The BPP publishes Standard Tendering Documents (SBDs) for various typ es of 
procurement. The Regulations require that the Procuring Entities use these 
documents, with minimum changes as necessary to deal with project -specific 
aspects. The Procuring Entity also issues standard prequalification documents.


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Information on Bidd ing. Invitation on bids may be obtained from the BPP 
Procurement Journal, the websites of the Procuring Entities and advertisements in 
leading national newspapers for national competitive Tendering and other 
procurement methods and widely used internationa l newspapers for international 
competitive bidding. This is also the case for prequalification  
 
Bidders' Role  
Once a Bidder receives the prequalification or Bid solicitation document, the Bidder 
should study the documents carefully to decide if it can me et the technical, 
commercial and contractual conditions, and if so, proceed to prepare its Bid. Bidders 
should then critically review the documents to see if there are ambiguities,


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should then critically review the documents to see if there are ambiguities, 
omissions, internal contradictions, or any feature of specifications or oth er 
conditions which are unclear or appear discriminatory or restrictive; if so, it should 
seek clarification from the Procuring Entity, in writing, within the time period 
specified in the Bid documents. 
 
The criteria and methodology for the selection of the successful Bidders are outlined 
in the Bid solicitation documents, generally under Instructions to Bidders and in the 
section on Specifications. If these are not clear, clarification should be sought from 
the Procuring Entity. If a Bidders feels that any of the provisions in the bid document 
are inconsistent with the Regulations, it should also raise this with the Procuring


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are inconsistent with the Regulations, it should also raise this with the Procuring 
Entity.  
 
It is the responsibility of Bidders to ensure the timely submission of fully responsive 
and compliant Bids, including all t he supporting documents requested in the Bid 
solicitation document. Noncompliance with critical (technical and commercial) 
requirements will result in rejection of the Bid. If a Bidder wishes to propose 
deviations to a non -critical requirement, or propose an alternative solution, the 
Bidder should first quote the price for the fully compliant Bid and then separately 
indicate the adjustment in price that can be offered if the deviation or alternative 
solution is accepted. Once Bids are received and publicly opened, Bidders will not


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solution is accepted. Once Bids are received and publicly opened, Bidders will not 
be required or permitted to change the price or substance of a Bid.  
Confidentiality. As stated in paragraphs 91 of the Regulations, the process of Bid 
evaluation shall be confidential until the award is notified to the successful Bidder. 
This is essential for the Procuring Entity reviewers to avoid corruption or breaching 
confidentiality, or even the perception of it. If during evaluation, a Bidder wishes to 
bring additional information to the notice of the Procuring Entity, it should do so in 
writing in accordance with the Bid Document.  
Complaints. The Procuring Entity is responsible for the selection and award 
procedure and Bidders should address themselves to the Procuring Entity for any


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procedure and Bidders should address themselves to the Procuring Entity for any 
queries, issues and possible complaints. In the case of a complaint regarding the 
procurement process for a specific bid, such complaint should first be introduced in 
writing to the Procuring Entity, in accordance with paragraph 16 -19 of these 
Regulations.


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Information on contract award. Information on contract award 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 award, a Bidder wishes to 
ascertain the grounds on which its Bid was not selected, it should address its request 
to the Procuring Entity. If a discussion is arranged, only the Bidder's Bid can be 
discussed and not the Bids of competitors.


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SCHEDULE 4 
 
Procurement Filing 
 
 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 
issues arise (or when procurement post reviews need to be done, complaints arise, 
Independent Post Reviews are needed by BPP, or procurement audits are required 
by the Auditor -General. BPP will issue guidelines separately on maintaining an 
adequate procurement filing system in Procuring Entities Below are some main 
elements of records of procurement proceedings. 
 
 — Description of the goods, works or consulting services requested, usually 
in the invitation to bid (for goods and works) or the request for proposals 
for consulting services)


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in the invitation to bid (for goods and works) or the request for proposals 
for consulting services) 
 
 — Document prescribing the selection of the bid method or consultant 
selection method and the reason for this. 
 
 — Lists of Bidders who submitted bids or proposals, with names and 
addresses, usually obtained from the registration of bid or proposal 
submissions and from the minutes of opening of bids and proposals. 
 
 — Minutes of bid and proposal opening, with recording of prices. 
 
 — Bid and proposal evaluation reports. 
 
 — List and summary of clarifications asked during prequalification, 
bid/proposal submission and evaluation (per bid and per proposal). 
 
 — Records of formal rejection of bids or proposals and the grounds thereof.


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— Records of formal rejection of bids or proposals and the grounds thereof. 
 
 — Records of procurement proceedings involving other than open 
competitive bidding, 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. 
 
 — Record of any complaints received from Bidders and the responses sent


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SCHEDULE 5 
 
Standard Procurement Processing Time 
 
 (a)  National Competitive Tendering for Procuring Entities 
 
 S/No. Activity Period 
   (Calendar days) 
 
 1. Preparation of prequalification documents 7 
 
 2. Advertise and issue pre-qualification documents 14 
 
 3. Evaluation of pre-qualification documents and  
  preparation of shortlist and approval of the same 14 
 
 4. Preparation of tender documents  14 
 
 5. Advertise and issue tender documents 14 
 
 7. Evaluation of tenders and notification of award  
  and obtaining necessary approvals 30 
 
 8. Award of contract 14 
 
 (b)  International Competitive Tendering for Procuring Entities 
 
 S/No. Activity Period 
   (Calendar days) 
 
 1. Preparation of prequalification documents 7


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S/No. Activity Period 
   (Calendar days) 
 
 1. Preparation of prequalification documents 7 
 
 2. Advertise and issue prequalification documents 14 
 
 3. Evaluation of prequalification documents and  
  preparation of shortlist and approval of the same 14 
 
 4. Preparation of tender documents  14 
 
 5. Advertise and issue tender documents 14 
 
 6. Evaluation of tenders and notification of award  
  and obtaining necessary approvals 30 
 
 7. Award of contract 14 
 
 
 (c)  Minimum Time for Preparation and Submission of  
       Prequalification Documents and Tenders for Tenderers


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S/No. Method of Period 
  Procurement (calendar days) 
 
PREQUALIFICATION STAGE 
  
 1. International competitive bidding 30 
  
 2. National competitive bidding 21 
  
TENDERING STAGE 
 
 3. International competitive bidding 45 
  
 4. National competitive bidding 30 
  
 5. Restricted international competitive bidding 30 
  
 6. Restricted national competitive bidding 21 
  
 7. National shopping.                                                        7 
  
 8. Where large works are involved  90


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BPP Announces The Newly 
Revised Public Procurement 
Thresholds To Reflect Current 
Economic Realities 
By 
 Samuel Anyanwu 
 - 
May 15, 2025 
 
Director-General of the BPP, Dr. Adebowale A. Adedokun, MCIPS, ACFE 
In a decisive and forward -thinking move aligned with his Renewed Hope 
Agenda, President Bola Ahmed Tinubu, GCFR, has approved a comprehensive 
review of public procurement thresholds for Ministries, Departments, and 
Agencies (MDAs) of the Federal Government . The approval follows the 
recommendations of the Bureau of Public Procurement (BPP) under the able 
leadership of its Director-General, Dr. Adebowale A. Adedokun FCIPS, CMILT, 
ACFE. 
This development marks a significant stride towards improving budget


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ACFE. 
This development marks a significant stride towards improving budget 
implementation, streamlining procurement processes, and enhancing public 
service delivery efficiency in Nigeria’s evolving economic landscape. 
The revised thresholds directly respond to rising inflation, shifting market 
dynamics, and the pressing need to reduce bureaucratic bottlenecks that 
impede timely contract awards and budget execution. With these adjustments, 
more procurement responsibiliti es will now be delegated to Ministerial and 
Parastatal Tenders Boards and Accounting Officers, thus decongesting the 
Federal Executive Council (FEC) of routine procurement matters and allowing 
it to focus on broader national policy issues.


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it to focus on broader national policy issues. 
Under the new structure, only contracts valued at N5 billion and above for 
Goods and Consultancy Services and N10 billion and above for Works will 
require FEC approval. Projects below these thresholds will be processed at the 
Ministerial Tenders Board (MTB), Parastatal Tenders Board (PTB), and by the 
Accounting Officers based on their respective costs. These thresholds will 
however be subject to periodic reviews, either upward or downward, 
depending on prevailing economic realities to ensure the stability o f 
procurement processes. The details are as seen in Table below: 
Approving Authority/ “No Objection”  to award Goods Works Non -
Consultant/ Consultant Services.


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BPP Certificate of “No Objection”  for FEC Approval to Contract award N5 
billion and above N10 billion and above N5 billion and above. 
BPP Certificate of “No Objection”  for MTB Approval to Contract award N1 
billion and above but less than N5 billion N5 billion and above but less than 
N10 billion N1 billion and above but less than N5 billion. 
Ministerial Tenders Board (MTB) Approval: N50 million and above but less 
than N1 billion N75 million and above but less than N5 billion N50 million and 
above but less than N1 billion 
Parastatal Tenders Board (PTB) N25 million and above but less than N500 
million N50 million and above but less than N1 billion N25 million and above 
but less than N500 million. 
Accounting Officer: Permanent Secretary Less than N50 million Less than


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but less than N500 million. 
Accounting Officer: Permanent Secretary Less than N50 million Less than 
N75 million Less than N50 million 
Accounting Officer: Director General/CEO Less than N25 million Less than 
N50 million Less than N25 million 
Furthermore, Mr. President approved new thresholds for procurement methods 
aimed at streamlining and enhancing the efficiency of the procurement 
process. Under the revised guidelines, International or National Competitive 
Bidding must procure goods valued at ₦1 billion and above and works valued 
at ₦5 billion and above. For smaller procurements, Requests for Quotations 
are permitted for goods and non-consultant services valued below ₦30 million 
and works valued below ₦50 million. In addition, the threshold for


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and works valued below ₦50 million. In addition, the threshold for 
prequalification has been set at ₦500 million and above for goods and non -
consultant services, and ₦1 billion and above for works. The details are as 
seen in Table below: 
Procurement/ Selection Method and Prequalification Goods (N) Works (N) Non-
Consultant Services (N) Consultant Services (N). 
International/ National Competitive Bidding N1 billion and above N5 billion and 
above N1 billion and above Not Applicable. 
National Competitive Bidding N30 million and above but less than N1 billion 
N50 million and above but less than N5billion N30 million and above but less 
than N1 billion Not Applicable  
Request for Quotation Less than N30 million Less than N50 million Less than 
N30 million Not Applicable.


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Shopping (Market Survey) Less than N10 million Less than N10million Less 
than N10million Not Applicable. 
Single Source/ Direct Contracting Less than N5 million Less than N5million 
Less than N5million As indicated in the PPA, 2007. 
*Prequalification *N500 million and above *N1 billion and above *N500 million 
and above Not Applicable. 
Quality and Cost Based Not Applicable Not Applicable Not Applicable N100 
million and above  
Consultant Qualifications Not Applicable Not Applicable Not Applicable Less 
than N100 million. 
Least Cost Not Applicable Not Applicable Not Applicable Less than N100 million. 
These reforms directly respond to the urgent need to facilitate the ease of 
doing business, promote economic growth, and foster employment through


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doing business, promote economic growth, and foster employment through 
efficient and timely procurement practices. They also reflect Mr. President’s 
commitment to strengthening ins titutions, reducing wastage, and ensuring 
value for money in public expenditure. 
Dr. Adebowale Adedokun, Director -General of the BPP, has reiterated the 
Bureau’s readiness to provide continuous clarification and technical guidance 
to all MDAS and stakeholders involved in procurement activities. He said, “The 
BPP remains open and access ible to all stakeholders seeking interpretation, 
clarification, or assistance in implementing these new thresholds. We aim to 
ensure that all public procurement is carried out per the principles of 
transparency, accountability, and value for money.”


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transparency, accountability, and value for money.” 
The Director-General further clarified that the scope of application of the new 
revised thresholds shall apply to the Executive, Legislative and Judiciary Arms 
of Government, and the Defence and Intelligence Communities, as stipulated 
in the Finance Act, 2 020, and that in line with the objective of the Bureau to 
harmonise existing government policies and practices on public procurement, 
these new revised thresholds shall supersede any other subsisting threshold 
issued by Federal Government. Also, the thresholds apply to other sources of 
funding including internally generated revenues (IGR), donations and gifts. 
The Bureau will, in due course, issue relevant implementation guidelines for


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The Bureau will, in due course, issue relevant implementation guidelines for 
community-based procurement and affirmative/preferential procurements to 
cater for micro, small and medium enterprises, women and persons with 
disabilities to align with these new  thresholds. The Bureau will also issue 
guidelines to address timelines for completion of procurement processes to 
ensure that the implementation of these new and enhanced thresholds is not 
impeded by dilatory conduct and bureaucratic red tapes.


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Furthermore, with these revised thresholds, the Bureau shall issue modalities 
to expedite the implementation of Nigeria First/Local Content Policy of this 
Administration, which is designed to prioritise locally manufactured goods and 
services in all Govern ment procurements to promote domestic production, 
support indigenous industries, and reduce dependence on foreign products. 
The revision of these procurement thresholds as approved by His Excellency, 
Mr. President, takes immediate effect and is expected to bolster the overall 
performance of Nigeria’s procurement ecosystem while enhancing the 
regulatory oversight of the BPP with out unnecessary involvement in 
implementation processes. 
With the approval of these revised thresholds, the Bureau is now positioned to


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implementation processes. 
With the approval of these revised thresholds, the Bureau is now positioned to 
focus on other critical regulatory functions such as post review, procurement 
audit, procurement surveillance, monitoring and evaluation and 
professionalization of the procurement cadre. Some of these activities will be 
done in collaboration with Sister Anti-Corruption Agencies that have presence 
in all the Geo-Political Zones to enhance effectiveness and efficiency. 
Also, MDAs are now under obligation to submit monthly reports of their 
procurement activities including contracts awarded during the month on their 
website and the BPP’s website. These data will be made available to the highest 
approving authorities in the Executive, Legislative and Judiciary Arms for their


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approving authorities in the Executive, Legislative and Judiciary Arms for their 
consideration. The Bureau shall be working very closely with the Special 
Adviser to President on Policy and Coordination and Head of the Central Results 
Delivery Coordination Unit (CRDCU) drive this policy. 
The Director -General of the BPP further emphasized that these revised 
thresholds place a higher degree of responsibility on Ministries, Departments 
and Agencies to be more accountable and transparent in their procurement 
processes and that those who decide  to flout, abuse or frustrate the 
implementation of these revised thresholds will be recommended to Mr. 
President for administrative sanctions, as it will no longer be business as usual.


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President for administrative sanctions, as it will no longer be business as usual. 
To this end, MDAs are expected to immediately allocate funds for the training 
of Procurement Officers and other Professionals involved in the procurement 
value chain to build their capacities and equip them to implement the 2025 
Budget based on the new rev ised thresholds. It is instructive to state that 
going forward and in order to ensure that training curriculum align with the 
fundamental principles of the PPA, 2007 and other extant regulation, only BPP 
approved Individuals, Firms, Professional Associatio ns and Centres of 
Excellence, would be allowed to conduct trainings on public procurement. 
Further to the above, MDAs should familiarise themselves with the BPP’s


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Further to the above, MDAs should familiarise themselves with the BPP’s 
revised Standard Bidding Documents and Draft Conditions of Contract, as all 
procurements under the 2025 Budget and subsequent Budgets are to be 
executed strictly with these documents i n accordance with extant regulations


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on Use of BPP approved Standard Bidding Documents and Conditions of 
Contract. 
The Bureau is also set to invoke its power under Section 6(e) 2007 to debar 
contractors who participate in corrupt or fraudulent acts to obtain contracts or 
who frustrate or delay project implementation. 
The Bureau shall collaborate with the Office of the Head of Civil Service of the 
Federation (OHCSF) to guide the conduct of Procurement Officers in the 
implementation of these revised thresholds and prescribe appropriate 
sanctions for those who deliberately delay implementation. 
In addition, the Office of the Secretary to the Government of the Federation 
(OSGF) shall issue the appropriate Service -Wide Procurement Circular in 
accordance with standard protocol of circulating information in the Service.


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accordance with standard protocol of circulating information in the Service. 
The Circular shall include the modalities to facilitate the implementation of the 
newly revised thresholds. 
Finally, the Presidency urges all MDAs, Procurement Officers, Contractors, and 
Stakeholders to familiarise themselves with the revised thresholds and fully 
cooperate with the BPP to facilitate the actualisation of the Renewed Hope 
Agenda for the overall benefit of the Nation. 
Source: https://fmino.gov.ng/bpp-announces-the-newly-revised-public-procurement-
thresholds-to-reflect-current-economic-realities/


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1 
3. Solicitation: Tender Preparation & Publication 
Standard Operating Procedure (SOP) & Service Levels (SLAs) 
Version 1.0 | Dated 03 February 2026 
 
Purpose 
• Standardise how MDAs prepare and publish Invitations for Bids (IFB) / Requests for Proposals (RFP) to 
ensure competition, transparency and legal compliance. 
• Ensure solicitations contain complete, objective and enforceable requirements and evaluation criteria. 
Scope 
• Applies from finalization of solicitation documents through publication of the opportunity and issuance 
of bid/RFP documents. 
• Covers goods/works open competitive bidding and consultant services (EOI/RFP). 
Roles & Responsibilities (minimum) 
• Procurement Unit: drafts solicitation package using BPP Standard Bidding Documents with minimum


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• Procurement Unit: drafts solicitation package using BPP Standard Bidding Documents with minimum 
necessary changes (Goods & Works Regs 2007 on use of SBDs); coordinates publication. 
• User Department/Technical Team: validates technical specifications, deliverables, and acceptance 
criteria. 
• Legal Unit: reviews contract conditions, dispute clauses, and integrity provisions (best practice; aligns 
with PPA 2007 code of conduct). 
• Tenders Board: approves solicitation package and publication (PPA 2007 s.22; s.19). 
• BPP: for procurements under prior review thresholds, reviews draft bidding documents and later issues 
Certificate of No Objection to award (PPA 2007 s.19(h)). 
Procedure (What to do, when, why, and how)


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Certificate of No Objection to award (PPA 2007 s.19(h)). 
Procedure (What to do, when, why, and how) 
1. Confirm procurement method and thresholds (NCB/ICB; open competitive bidding as default for 
goods/works) (PPA 2007 s.24; s.25(1)). 
2. Prepare solicitation documents using the relevant BPP SBD/RFP templates; include: scope/specs, 
instructions, eligibility/qualification, evaluation criteria, contract conditions, and bid security requirements 
where applicable (PPA 2007 s.26; Regs 2007 on advertising content). 
3. Ensure specifications are objective/functional and non-discriminatory; justify any restrictive requirement 
(UNCITRAL Model Law 2011; PPA 2007 s.16 principles). 
4. Set the bid submission deadline with statutory minimum advertising lead-time: not less than six (6)


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4. Set the bid submission deadline with statutory minimum advertising lead-time: not less than six (6) 
weeks from advert to deadline for goods/works under both NCB and ICB (PPA 2007 s.25(2)(i)-(ii); Goods & 
Works Regs 2007 reg.49-52). 
5. For consultant services RFPs: allow at least 30 days between issuing notice/request and proposal 
deadline (PPA 2007 s.48(1)). 
6. Publish the invitation as required: at least two national newspapers and the Procurement Journal; plus 
MDA and BPP websites; and for ICB, one relevant internationally recognised publication (PPA 2007 
s.25(2)(i)-(ii); Goods & Works Regs 2007 reg.50-52). 
7. Issue bid/RFP documents consistently to all requesters; charge only printing/provision cost where fees


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7. Issue bid/RFP documents consistently to all requesters; charge only printing/provision cost where fees 
apply (PPA 2007 s.23(2) by analogy for prequalification documents; good practice for bidding documents).


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8. Manage clarifications: receive questions in writing; respond in writing and circulate to all bidders where 
relevant without naming the source (PPA 2007 s.23(6) principle; bid clarifications permitted under PPA 
2007 s.31(2)). 
9. Maintain a public log of addenda and ensure addenda are issued with sufficient time and are binding 
(consultant RFP addenda provisions: PPA 2007 s.47). 
10. Lock the solicitation package (version control) and upload required artefacts to the procurement file 
(PPA 2007 s.38). 
Required Records / Evidence 
• Approved solicitation package (IFB/RFP) with version number. 
• Publication evidence: newspaper pages, Procurement Journal posting, website screenshots, dates. 
• Bid/RFP issuance register (who collected, when).


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• Bid/RFP issuance register (who collected, when). 
• Clarification Q&A log and addenda register. 
• Approvals (Tenders Board minutes; BPP no-objection where applicable). 
Key Controls (Integrity, Value-for-Money, Compliance) 
• Checklist-based completeness review (scope, criteria, forms, contract, securities). 
• No discriminatory specifications; justification required for any brand/single-source constraint 
(UNCITRAL). 
• Publication control: verify all mandated channels used; verify 6-week minimum lead-time (PPA 2007 
s.25(2)). 
• Addenda control: ensure addenda issued to all bidders and deadlines adjusted when needed (PPA 2007 
s.47 for services; good practice for bids). 
Service Levels (SLAs) & Statutory Timelines 
Process point SLA / timeline Source Notes / evidence


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Service Levels (SLAs) & Statutory Timelines 
Process point SLA / timeline Source Notes / evidence 
Goods/Works: minimum 
advert-to-deadline gap 
≥6 weeks PPA 2007 s.25(2); 
Regs 2007 reg.49 
Record advert date and 
deadline 
NCB advertisement channels 2 national newspapers 
+ Procurement 
Journal + MDA 
website + BPP website 
+ notice board 
PPA 2007 
s.25(2)(ii); Regs 
2007 reg.50 
Archive proof of publication 
ICB advertisement channels 2 national newspapers 
+ Procurement 
Journal + MDA & BPP 
websites + 1 relevant 
international 
publication 
PPA 2007 
s.25(2)(i); Regs 
2007 reg.52 
Archive proof of publication 
Consulting services: minimum 
notice-to-deadline gap 
≥30 days PPA 2007 s.48(1) Record issue date and 
deadline


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Consulting services: minimum 
notice-to-deadline gap 
≥30 days PPA 2007 s.48(1) Record issue date and 
deadline 
Minimum Compliance Data Points for an Exceptions-Reporting Platform 
• Procurement method, threshold class (NCB/ICB/Services), and prior-review flag. 
• Advert date(s), channels used, and deadline date (auto-check 6-week rule for goods/works). 
• Bid/RFP document version hash and addenda log. 
• Clarification questions count + response dates. 
• Evidence uploads (PDF scans/screenshots) for each publication channel.


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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 
7. Delivery & Payment 
Standard Operating Procedure (SOP) & Service Levels (SLAs) 
Version 1.0 | Dated 03 February 2026 
 
Purpose 
• Define how MDAs verify delivery/outputs and process payments to suppliers/contractors/consultants 
promptly, lawfully, and with full documentation. 
• Reduce delivery acceptance disputes and control the risk of delayed payments. 
Scope 
• Applies from delivery or milestone completion through certification, invoicing, payment processing, and 
reconciliation. 
• Includes goods receipt/inspection, works measurement/valuation, services deliverable acceptance, and 
payment timelines. 
Roles & Responsibilities (minimum) 
• User Department/Technical Supervisor: inspects and certifies delivery; issues acceptance or 
performance/valuation certificates.


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performance/valuation certificates. 
• Store/Logistics Unit (where applicable): records receipt of goods and inventory entries. 
• Finance Unit: processes payments; ensures compliance with contract terms and statutory requirements 
(PPA 2007 s.37). 
• Procurement Unit: ensures payment is supported by contract, certificates, and approvals; maintains 
records (PPA 2007 s.38). 
• Supplier/Contractor: submits invoice and required documentation; remedies defects within agreed 
period. 
Procedure (What to do, when, why, and how) 
1. Confirm delivery requirements and acceptance criteria from contract and CMP; communicate inspection 
schedule to supplier (best practice). 
2. On delivery or milestone completion, perform inspection/verification against specs, quantities, and


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2. On delivery or milestone completion, perform inspection/verification against specs, quantities, and 
quality; document findings and any non-conformities. 
3. Issue Goods Received Note (GRN) / Completion Certificate / Valuation Certificate / Deliverable 
Acceptance Note as applicable; retain signed evidence. 
4. Where mobilisation has been paid, ensure no further payment is made without an interim performance 
certificate (PPA 2007 s.35(2)). 
5. Receive supplier invoice with supporting documents: certificates, delivery notes, tax documentation, and 
any required warranties/guarantees. 
6. Perform a 3-way match (contract to certificate to invoice) and verify the arithmetic and eligibility of 
charges (best practice).


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charges (best practice). 
7. Approve payment within internal delegation and process through treasury systems; maintain payment 
trail (best practice; supports audit). 
8. Track payment timeliness: any payment due for more than 60 days from invoice/valuation 
certificate/confirmation is 'delayed payment' (PPA 2007 s.37(2)).


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9. Apply contractually specified interest on delayed payments and ensure all contracts include interest 
terms for late payment >60 days (PPA 2007 s.37(3)-(4)). 
10. Reconcile final account and update contract file; prepare payment close-out summary. 
Required Records / Evidence 
• Inspection reports, GRNs, acceptance certificates, valuation certificates. 
• Interim performance certificates (where applicable). 
• Invoices and supporting documentation (including tax evidence as required). 
• Payment approvals and payment confirmation (bank/tresury evidence). 
• Delayed payment tracker and interest computations (where applicable). 
Key Controls (Integrity, Value-for-Money, Compliance) 
• Acceptance control: no payment without documented acceptance/certification.


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• Acceptance control: no payment without documented acceptance/certification. 
• Delayed-payment control: automated tracking to prevent crossing the 60-day threshold (PPA 2007 
s.37(2)). 
• Fraud control: verify supplier bank details, duplicate invoice checks, and segregation of duties (best 
practice). 
• Retention control: store all documents in contract/procurement file for audit (PPA 2007 s.38; Regs 2007 
para 16). 
Service Levels (SLAs) & Statutory Timelines 
Process point SLA / timeline Source Notes / evidence 
Delayed payment threshold Payment due >60 
days is delayed 
PPA 2007 s.37(2) Measure from 
invoice/valuation 
certificate/confirmation date 
Interest on delayed 
payments 
Interest at rate 
specified in contract 
PPA 2007 s.37(3) Compute and record 
Mandatory late-payment


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payments 
Interest at rate 
specified in contract 
PPA 2007 s.37(3) Compute and record 
Mandatory late-payment 
interest clause 
Include interest terms 
for late payment >60 
days 
PPA 2007 s.37(4) Compliance check at contract 
setup 
Post-mobilization payment 
condition 
No further payment 
without interim 
performance 
certificate 
PPA 2007 s.35(2) Certificate required in system 
Minimum Compliance Data Points for an Exceptions-Reporting Platform 
• Certificate dates (GRN/valuation/acceptance) and invoice submission date. 
• Payment approval date and payment date (auto-calc days-to-pay). 
• Flag at day 45 and 'delayed' at day 60 (PPA 2007 s.37(2)). 
• Interest clause present? (yes/no) and the interest rate field. 
• Evidence uploads for certificate, invoice, and payment.


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• Evidence uploads for certificate, invoice, and payment. 
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.


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• 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 
 
FEDERAL REPUBLIC OF NIGERIA 
 
 
 
PROCUREMENT PROCEDURES MANUAL 
 
For 
 
PUBLIC PROCUREMENT 
 
In 
 
NIGERIA 
 
 
 
BUREAU OF PUBLIC PROCUREMENT (BPP) 
 
 
 
 
 
 
 
THIRD EDITION 
JANUARY 2023


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2 
 
USE OF THE PROCUREMENT PROCEDURES MANUAL 
 
 The policies on public procurem ent are defined in the relevant laws and regulations 
governing procurement in Nigeria. This manual provides procurement guidance or 
direction to all Federal Ministries, extra -ministerial offices, departments, agencies, 
parastatals, corporations, and all other public entities set up by the Constitution or Act of 
the National Assembly and/or whose funding derives from the Federation Accounts, their 
own internally generated revenue, the Federation share of the Consolidated Revenue 
Fund and special allocations in the federal budget whatever form this may take or being 
entities outside of the foregoing description, derive at least 35% of the funds appropriated


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entities outside of the foregoing description, derive at least 35% of the funds appropriated 
or proposed to be appropriated for any type of procurement described in the Public 
Procurement Act.   
 
 The Public Procurement Act 2007— Section 15 
 
 The Manual is intended to give advice and assistance to procurement staff to help 
them carry out their procurement responsibilities and explains in more detail how specific 
aspects of procurement should be han dled in line with the policies referred to above. It is 
a source of “how -to” information about the tasks and elements that comprise the 
procurement process. 
 
 The Manual begins in Chapter I with a review of policy and institutional aspects of 
procurement t hat h ave broad applicability and about which questions arise most


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procurement t hat h ave broad applicability and about which questions arise most 
frequently. Subsequent chapters deal with procurement implementation and contract 
administration. Where necessary, topics are cross -referenced to other relevant sections of 
the Manual and th e Pub lic Procurement Act to enable a clearer understanding of the 
topics in the issue.


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3 
 
ABBREVIATIONS AND ACRONYMS 
 
APG  Advance Payment Guarantee 
Bureau  Bureau of Public Procurement 
CQ Consultants Qualification (Selection Method) 
DPO Due Process Office 
GPN General Procurement Notice 
ICB/ICT International Competitive Bidding/Tendering 
IFB/IFT Invitation for Bid / Tender 
IS International Shopping 
LCS Least Cost Selection 
MTB Ministerial Tenders Board 
NCT National Competitive Tendering  
NCB National Competitive Bidding 
LIB Limited International Bidding 
DC Direct Contracting 
FA Force Account 
NS National Shopping 
QBS Quality-Based Selection 
QCBS Quality, Cost-Based Selection 
REoI Request for Expression of Interest 
SFB Selection under Fixed Budget 
SPN  Special Procurement Notice 
STD Standard Tender Document 
SBD Standard Bidding Document


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4 
 
Background 
 
 1.1 The Manual recognizes that sound public procurement policies and practices are 
one of the essential elements of good governance. Good practices reduce costs and 
produce timely results; poor practices lead to waste and delays and are often the cause of 
allegations of corruption and government inefficiency.  
 
 1.2 Before describing, step -by-step, how public procurement should be planned and 
implemented, it is appropriate  to establish at the outset why this topic is worthy of 
attention. This inquiry can be fruitfully addressed by approaching it from three linked 
perspectives: 
 
 (a) What constitutes sound public procurement i.e., what are its disti nguishing 
characteristics? 
 
 (b) Why is it so important?


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characteristics? 
 
 (b) Why is it so important? 
 
 (c) Why should its achievement and maintenance be a priority concern for 
Government and major stakeholders? 
 
 
What Is Good Public Procurement? What Does It Look Like? 
 
2.1 The principal hallmarks of proficient public procurement are: 
 
 Economy; 
 Fitness for purpose; 
 Efficiency; 
 Fairness; 
 Reliability; 
 Transparency; and 
 Accountability and Ethical Standards. 
 
2.1.1 Economy: Procurement is a purchasing a ctivity whose purpose is to give the 
purchaser the best value for money. For compl ex purchases, the value may imply more 
than just price, for example, since quality issues also need to be addressed. Moreover , the 
lowest initial price may not equate to the lowest cost over the operating life of the item


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lowest initial price may not equate to the lowest cost over the operating life of the item 
procured. But the basic point is the same: the ultimate purpose of sound procurement is to 
obtain maximum value for money.


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5 
 
 
2.1.2 Fitness for Purpose: The goods or services purchased must be cap able of meeting 
the need for which they are acquired. The works must address the need for which it is 
procured. Economy as it relate s to lowest cost would provide limited value if the item 
acquired is not cap able of meeting the need for which it is acquired or is not capable of 
providing optimum solution to the need. Value for money is best served if and when both 
economy and fitness for purpose are simultaneously achieved.  
 
2.1.3 Efficiency: The best public procurement is simple and swift, producing positive 
results without protracted delays. In addition, efficiency implies practicality, especially in 
terms of compatibility with the administrative resources and professional capabilities of


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terms of compatibility with the administrative resources and professional capabilities of 
the purchasing entity and its procurement personnel.  
 
2.1.4 Fairness: Good procurement is impartial, consistent, and therefore reliable. It offers 
all intereste d contractors, suppliers , and consultants a level playing field on which to 
compete and thereby, directly expands the purchaser’s options and opportunities. 
 
2.1.5 Transparency: Good procurement establishes and then m aintains rules and 
procedures that are accessible and unambiguous. It is not only fair, but it is seen to be 
fair. 
 
2.1.6 Accountability and Ethical Standards: Good procurement holds its practitioners 
responsible for enforcing and obeying the rules. It ma kes them subject to challenge and


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responsible for enforcing and obeying the rules. It ma kes them subject to challenge and 
sanction, if appropriate, for neglecting or bending those rules. Accountability is at once a 
key inducement to individual and institutional probity, a key deterrent to coll usion and 
corruption, and a key prerequisite for procurement credibility.  
 
 A sound pr ocurement system combines all the above elements. The desired impact 
is to inspire the confidence and willingness -to-compete of well -qualified vendors. This 
directly and concretely benefits the purchasing  entity and its constituents, responsive  
contractors and suppliers, and donor agencies providing project finance. 
 
 Conversely, a procurement system that fails to take the above elements stimulates


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Conversely, a procurement system that fails to take the above elements stimulates 
hesitation to co mpete, submission of inflated tenders cont aining a risk premium, or 
submission of deflated tender s followed by delayed or defective performance. Other 
direct results include collusion in bribery by frustrated or unscrupulous vendors and 
purchasing entities, bad value for those entities and their c onstituents, and betrayal and 
abuse of the public trust for personal gain.


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6 
 In sum, proficient public procurement is not difficult to describe in principle or to 
distinguish from its antithesis in practice. B ut it  does require varied professional and 
technical know-how to establish, as well as discipline and determination to administer. 
 
 
Why Is Sound Public Procurement So Important? 
 
 3.1 Public procurement is the process by which governments buy inputs for v ital 
public-sector investments. Those investmen ts, b oth in physical infrastructure and in 
strengthened institutional and human capacities, lay foundations for national 
development. In procurement terms, those inputs are generally grouped into three 
categories: 
 
 • Civil works — for example, bridges and  buildings, highways, and basic physical 
infrastructure;


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categories: 
 
 • Civil works — for example, bridges and  buildings, highways, and basic physical 
infrastructure; 
 
 • Goods — typically equipment, material and supplies, commodities, textbooks, 
medical supplies; and 
 
 • Services — expert advice and training, as well  as s uch things as building 
maintenance, computer programming, etc. 
 
 3.2 The quality, timeliness, suitability, and affordability of those procured inputs can 
largely determine whether the public investments will succeed or fail. So, the beneficial 
impact and  contribution of the input, particularly i n the ca se of technical assistance 
services, can exceed t heir direct costs. Yet procurement costs can be substantial, 
consuming scarce resources of tightly constrained government budgets. Often the


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consuming scarce resources of tightly constrained government budgets. Often the 
required funding must be borrowed. Moreover, the process a lso consumes scarce skilled 
public-sector human resources. It takes time, not merely for procurement planning and 
contracting but also for contract supervision and execution. And much of this process is 
highly visible, as well as controversial; exposing pu blic sec tor executives and civil 
servants to scrutiny and second-guessing for procurement choices they made deferred or 
discarded. 
 
 3.3 Five basic concerns govern procurement policies: 
 
 • To ensure that goods and service s needed  are procured with due attention to 
fitness for purpose, economy and efficiency;


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7 
 • To ensure that public fund is used to buy only those goods and services needed 
for national development;  
 
 • To give all qualified bidders an equal opportunity to compete for contracts;  
 
 • To encourage the development of local contractors and manufacturers; and  
 
 • To ensure that the procurement process is transparent and accountable.  
 
 3.4 The procurement policie s and  procedures contained in this Manual have been 
designed to promote fairness and equal treatment.


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8 
SECTION I — PROCUREMENT POLICY AND INSTITUTIONAL 
TOPICS 
 
Why Is Sound Public Procurement So Important? 
 
 4.1 The Bureau of Public Procurement has establ ished general policies and 
guidelines relating to public sector procurement, and for  supervising procurement 
implementation as well as reviewing the pro curement and award of contract procedures 
of every public entity to which the Public Procurement Act app lies, including certifying 
all Federal wide procurement (subject to the Bureau’s pri or revie w) before the award of 
contracts. 
 
GENERAL PROCUREMENT POLICIES 
The objective of Procurement is to obtain the best possible value for money on behalf of 
the Federal Government of Nigeria while rigorously maintaining the Procuring Entity’s


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the Federal Government of Nigeria while rigorously maintaining the Procuring Entity’s 
business principles and the agreements under which it operates. 
It is the Bureau’s policy that Procuring Entities outsource those services that are either 
not part of their core business activity or for which there is a fluctuating requirement in 
terms of specialist skills or equipment, or where the open market provides a more 
efficient and commercial alternative. 
It is the Bureau’s policy that services, materials, and equipment shall be acquired by 
Procuring Entities at the most favourable terms compatible with the desired quality and 
delivery requirements, taking account of total life cycle costs and in a manner that 
safeguards and preserves the reputation of the Procuring Entity.


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safeguards and preserves the reputation of the Procuring Entity. 
It is the Bureau’s policy to support the development of an indigenous contractor base in 
Nigeria and particularly in the areas in which the various Procuring Entities operate.  
The implications of these policies are as follows: 
i) contractual arrangements shall be fair and reasonable 
ii) contractual arrangements shall provide 'value for money' to the Procuring 
Entity 
iii) contractual arrangements shall be designed to fairly reward the contractor 
for services rendered, whilst safeguarding the long-term commercial 
relationships between the Procuring Entity and its contractors. 
iv) contractual arrangements with third parties shall be executed in strict


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iv) contractual arrangements with third parties shall be executed in strict 
conformity with BPP Procurement Policies and Procedures Manual' (this 
manual).


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9 
v) bids shall be invited only from qualified/approved contractors/suppliers 
competent to do the work or provide the services to the nominated 
standards. 
vi) contracts shal l be awarded to the lowest evaluated resp onsive bidder 
meeting all technical requirements and standards based on competitive 
tendering unless overriding technical grounds exist to justify any other 
course of action. 
vii) Contracts may be reserved for vulnerable groups and domestic preference 
may be given to Nige rian Contractors or Suppliers within the boundaries 
outlined in the Public Procurement Act 2007 , the BPP is sued 
implementing re gulations, the Standard Bidding Documents   and in th is 
Procurement Procedures Manual 
BPP’s Statement of Business Principles


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Procurement Procedures Manual 
BPP’s Statement of Business Principles 
These Policies reaffirm the business principles that govern how BPP and all Pub lic 
Procurement Entit ies w ithin the various Federal Government Ministries, Departments , 
and Agencies shall conduct their affairs. 
Upholding and improving a reputation of Procuring Entity with good business principles 
is paramount. We are judged by how we act, and our reputation will be upheld if we act 
with honesty and integrity in all our dealings and we do what we think is right at all times 
within the legitimate role of governance. 
We have as our core values honesty, integrity, transparency, accountability, fair 
competition, economy & efficiency , and value for money. We also firmly believe  in the


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competition, economy & efficiency , and value for money. We also firmly believe  in the 
fundamental importance of the promo tion of trust, openness, teamwork, professionalism, 
and pride in what we do. 
These underlying values determine our principles.  These p rinciples apply to all 
transactions, large or small, and describe the behaviour  expected of every public officer 
in the co nduct of public procurement.  In turn, the application of these principles is 
underpinned by procedures that are designed to  make sure that public officers fully 
understand the principles and that they act in accordance with them.  
We recognise that our beh aviour must match  our intentions. BPP recognises that 
maintaining the trust and confidence of stakeholders, pub lic officers, c ontractors, civil


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maintaining the trust and confidence of stakeholders, pub lic officers, c ontractors, civil 
society, development partners , and other people with whom the government does 
business, as well as the communiti es in which we work, is crucial to our cont inued 
growth and success as a Nation. 
BPP and all Procurement Entitie s intend to me rit this trust by conducting ourselves 
according to the standards set out in our principles. These  principles meet International 
Standards, and it is the responsibility of BP P and Accounting Officers in Federal MDAs 
to ensure that all officers  and contract ors doing business in all Federal Government


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10 
establishments are aware of these principles and behave in accordance with the spirit  as 
well as the letter of this statement."  
Section 15 of th e Public Procurement Act 2007 as amended by the 
Finance Act 2020 
Section 15. (1) The provisions of this Act shall apply to all procurement of goods, 
works and services carried out by: 
(a) the Fede ral Government of Nigeria an d all procuring and disposal entities under the 
three arms of the Federal Government;  
(b) all ent ities outside the foregoing description in (a ) which derive at least 35% of 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; … (d)without 
limiting paragraphs (b) and (c) to—


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in this Act from the Federation share of Consolidated Revenue Fund; … (d)without 
limiting paragraphs (b) and (c) to—  
(i) Federal Government, Ministries; Departments and Agencies,  
(ii)Federal Government Institutions, 
(iii)Federal Government owned Enterprises, Corporations, Councils, Authorities and 
Commissions provided that they utilize public funds, 
(iv) Federal Tertiary and Non-Tertiary Educational Institutions,  
(v) Federal Hospitals and other Health Institutions,  
(vi) the Central Bank of Niger ia and  other Federal Government owned Financial 
Institutions,  
(vii) the National Defence and National Security Agencies,  
(viii) the National Assembly, and  
(ix) the Judiciary. 
 
 
Section 16 Public Procurement Act  2007 as  amended ( PPA 2007 as 
amended)


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(ix) the Judiciary. 
 
 
Section 16 Public Procurement Act  2007 as  amended ( PPA 2007 as 
amended)  
 
 4.2 All public procurement shall be conducted: 
 
 (a)  Subject to the prior review thresholds  that may from time to time be set by the 
Bureau of Public Procurement; 
 
 (b)  B ased only on p rocurement plans supported by prior budge tary appropriations, 
and no procurement proceedings shall be formalized until the Procuring Entity 
has ensured that funds are avail able to meet the obligations and has obtained a 
“Certificate of No Objection” to “Contract Award” from the Bureau  (subject to 
approval threshold vide SGF’s circular ref. No……;


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 (c)  By open competitive bidding, except as otherwise exempted; 
 
 (d) In a manner that is transparent, timely, and equitable for ensuring  accountability 
and conformity with the Public Procurement Act and regulations deriving 
therefrom; 
 
 (e) To achieve value for money and fitness for purpose; 
 
 (f)  In a manner that promotes competition, economy, and efficiency; and  
 
     (g)  In accordance with the laid down procedures and timelines. 
 
 4.3 Where the Bureau has set prior r eview thresholds, no fun ds shall be disbursed 
from the Treasury/Federation Account/ or any bank account of any Procuring Entity for 
any procurement falling above the set thresholds unle ss the  cheque, warrant , or other


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any procurement falling above the set thresholds unle ss the  cheque, warrant , or other 
form of at payment request is accompanied by a “Certificate of  ‘No Objection’ to Award 
of Contract” duly issued by the Bureau. 
 
 4.4 The Bureau of Public Procurement shall prescribe by regulation, guideli nes, and 
the conditions precedent to the award of Certi ficate o f No Obj ection under the Public 
Procurement Act 
 
 4.5 Every procurement contract within the purview of the Public Procurement Act 
shall contain a clause stipulating that the non-issue by the Bureau of a “Certificate of ‘No 
Objection’ to Contract Aw ard” (for prior review items) shall render the contract null  and 
void. 
 
 4.6 All procurement contracts shall contain warranties for the durability of goods,


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void. 
 
 4.6 All procurement contracts shall contain warranties for the durability of goods, 
the exercise of requisite skills in service provision, and the use of genuine materials and 
inputs in execution. 
 
 4.7 The values in procurement documents shall be stated in Nigerian currency and 
were stated in a foreign currency, shall be conver ted to Nigerian currency using the 
exchange rate of the Central Bank of Nigeria valid on the day of opening a tender or bid. 
 
 4.8 Four considerations guide these policies:  
 
 (a) Ensuring economy and efficiency in project implementation including  the 
procurement of goods, works, and services;


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12 
 (b)  Giving bidders a fair opportunity to compete in procurement; 
 
 (c)  Encouraging the development of domestic industries and consulting services; 
and 
 
     (d)  Providing transparency in the procurement process. 
 
 
Eligibility 
 
 5.1 As a general rule, all suppli ers, contractors, and consultants are entitled to a fai r 
opportunity to tend er for the provision of goods, works , and services in publ ic entities. 
However, a Public Procuring Entity may exclude suppliers, co ntractors, and consultants 
from tendering for procurement opportunities on the following basis: 
 
 5.1.1 If there is verifiabl e evidence that any supplier, contractor , or service provider 
has given or promised a gift of money or  any tangible item, or has pr omised,


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has given or promised a gift of money or  any tangible item, or has pr omised, 
offered, or given employment or any other benefit, any item or a service that 
can be qua ntified in monetary terms to a current or former employee of a 
Procuring Entity or the Bureau, in an attempt to inf luence any action, decision 
making or the further course of any procurement activity; 
 
 5.1.2 Being a supplier, contr actor, or service provider during the last three year s 
prior to the commencement of the procurement proceeding in i ssue, failed to 
perform or to provide due care in the performance of any public procurement; 
 
 5.1.3 If the bidder is  in receivership or is the subj ect of any type of insolvency 
proceedings or i f being a private company under the Companies and Allied


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proceedings or i f being a private company under the Companies and Allied 
Matters Act, is controlled b y a person or persons who are subject to any 
bankruptcy proceedings or who have been declared bankrupt and or have made 
any c ompromises with their creditors within two cal endar years prior to the 
initiation of the procurement proceeding; 
 
 5.1.4 If the bidder is in arrears regarding payment of due taxes, charges, pensions, or 
social insurance contributions  unless such b idders h ave obtained a lawful 
permit for allowance, the deference of such outstanding payments or payment 
thereof in installments,


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 5.1.5 If the bidder has been validly sentenced for a crime committed in connection 
with a procurement proceeding, or any other crime committed to gain financial 
profit; 
 
 5.1.6 If the bidder has in its management or is in any portion o wned by any person 
that has been validly sentenced for a crime committed i n connection with a 
procurement proceeding, or other crime committed to gain financial profit; 
 
 5.1.7 If the bidder has been  blacklisted/debarred from participating in public 
procurement activity. 
 
 5.1.8 If the bidder fails to submit a statement regardin g its dominating or subsidiary 
relationship concerning other parties to the proceedings and persons acting on 
behalf of the Procuring Entity  participating in the same proceeding or  who


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behalf of the Procuring Entity  participating in the same proceeding or  who 
remain in a subordinate relationship with other participants to the proceedings.  
 
 5.1.9 An i ndividual or a firm or its affiliates provided consulting services for  the 
preparation and implementat ion of a project, and to prevent a conflict of 
interest, they and their affiliates are disqualified from subsequently providing 
goods and works for the same project. 
 
 5.1.10 F irms or individuals who have been debar red by  the Procuring Entity /the 
Bureau for having been engaged in fraudulent or corrupt practices. 
 
Practitioners need to pay attention to specific forms in the Stan dard Bidding Documents 
2023 edition which support compliance to these rules. Failure by any Tenderer to supply


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2023 edition which support compliance to these rules. Failure by any Tenderer to supply 
these forms should be adjudged a non-compliance with requirements of the  provisions in 
Section 16 of the PPA 2007 as amended. The forms are as follows;  
 
a) Disclosure of Commissions, gratuities/fees  
b) Certificate of Independent Tender Determination  
c) Self-Declaration (SD1) Self Declaration that the person /contractor is not debarred 
in the matter of the Public Procurement Act 2007 as amended  
d) SD2 Declaration that t he person /tenderer will not engage in any corrupt or 
fraudulent practice  
e) Declaration and Commitment to code of conduct  
f) Confidential Business Questionnaire Forms  
i. Disclosure of interest in the Procuring Entity  
ii. Conflict of Interest disclosure


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i. Disclosure of interest in the Procuring Entity  
ii. Conflict of Interest disclosure  
g) Tender Security or Tender Securing Declaration Forms


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14 
 
Procurement Officers need to ensure that the above forms and all other Ten der Forms are 
included in the Procurement solicitation documents they issue out for every bid.  
 
 
Section 16 Public Procurement Act 2007 as amended  
 
Roles and Responsibilities in Procurement 
 
 6.1 Every public Procuring Entity  shall have the ultimate resp onsibility for all 
aspects of procurement planning and implementation. The Bureau of Public Procuremen t 
exercises its fiduciary and developmental responsibilities concerning procurement by: 
 
 • Certifying all prior review Federal-wide procurement prior to the award of 
contracts; 
 
 • Supervising the implementation of established procurement policies; 
 
 • Undertaking procurement research and surveys;


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• Undertaking procurement research and surveys; 
 
 • Organizing relevant training and development of procurement professionals; 
 
 • Coordinating relevant training programs to build institutional capacity; 
 
 • Introducing, developing, updating, and maintain ing related database s and 
technology; 
 
 • Performing procurement audits; monitoring and field i nspection of on going 
projects and 
 
 • Applying administrative sanctions where necessary 
 
Section 16& 17 of the Public Procurement Act2007  as amended  
 
 6.2 The Chief Executive of a go vernment agency, parastatal, or corporation or the 
Permanent Secretary or Accounting Officer in the case of a ministry or extra -ministerial 
entity has an obligation to commit adequate procureme nt resources for the proper


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entity has an obligation to commit adequate procureme nt resources for the proper 
performance of their respective responsibilities. Subject to the monetary and prior revie w 
thresholds for procurements, the Parastatal Tenders’ Board of a government agenc y, 
parastatal, or corporation or in the case of a ministr y or extra -ministerial entity, the


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Ministerial Tenders’ Board sh all be the Appro ving Authority for the conduct of pub lic 
procurement. 
 
 
Section 17 Public Procurement Act 2007 as amended –  
 
Notice Board 
 
 7.1 A Notice Board, located in a public area must be maintained for the public 
posting of procurement notices and solicitation s. The following actions are posted on the 
Notice Board: 
 
 • Requests for Proposals (RFPs) - RFPs must also be advertised in  at least two 
National newspapers of general circulation – and the Federal Tender’s Journal.  
 
 • Invitations for Bids (IFB),  
 
 • Single source determinations, and  
 
 • Emergency determinations.  
 
 7.2 If the Procuring Entity maintains an internet website, that website should contain 
a page on which the above information is also posted.


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a page on which the above information is also posted.  
 
 
Handling Request for Clarifications 
 
 8.1 It shall be the r esponsibility of the respec tive Procuring Entity to provide any 
clarifications on prequalification or tenderin g documents within the stipulated time l imit. 
Every Procuring Entity must respond to the communication from potential bidders and, if 
appropriate, send copies to others who purchased the tendering documents. It should 
specify the time for clarification and responses by the Procuring Entity in the Tender 
Data Sheet (TDS) issued as part of the solicitation documents  
 
Transparency and Anti-Corruption Measures 
 9.1 The Bureau of Public Pr ocurement is committed to vigorously addressing


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9.1 The Bureau of Public Pr ocurement is committed to vigorously addressing 
instances of fraud, corru ption, collusion, and coercion in government-financed contracts 
and to taking appropriate action whenever any contractor, consultant , or staff member is 
found to have engaged in a fraudulent or corrupt practice.


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The Bureau has introduced a Whistle Blowing Policy which will enable all stak eholders, 
contractors, civil society , and the general public to report any observed and verifiable 
incidents of f raud, corruption,  collusion, and coercion in any government-financed 
contracts. A Direct telephone Hotline has  been established to w hich peo ple can make 
confidential calls  to lod ge reports and a secure e -Mail account is also established to 
receive reports or information leads that can help the Bureau conduct necessary 
investigations. These are available on the BPP  Website www.bpp.gov.ng.The identity of 
Whistle Blowers will be kept strictly confidential. 
 
 9.2 Procurement offences relating to public procurem ent are define d in Sections 58 
and 59 of the Public Procurement Act.


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17 
 
 
 
SECTION 2 — INSTITUTIONS, PROCUREMENT COMMITTEES, 
AND THEIR FUNCTIONS 
 
 
National Council on Public Procurement 
 10.1 Objectives of the National Council on Public Procurement. 
 
 10.1.1 The  Council sha ll consider, approve and amend the monetary and prior 
review thresho lds for procuring entities to the Public Procurem ent Act 
applies. 
 
 10.1.2 Consider and approve policies on public procurement. 
 
 10.1.3 Approve the appointment of the Directors of the Pub lic Procurement 
Bureau. 
 
 10.1.4 Receive and consider for approval t he audited accounts of the Bureau of 
Public Procurement. 
 
 10.1.5 Approve changes in the  procurement process to adapt to improvements in 
modern technology. 
 
 10.1.6 Give  such other directi ves and perform such other functions as may be


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modern technology. 
 
 10.1.6 Give  such other directi ves and perform such other functions as may be 
necessary to achieve the objectives of the Public Procurement Act. 
 
 
The Bureau of Public Procurement 
 11.1 T he Bureau of Public Procurement (BPP) was established with  the 
principal authority for:  
 
 11.1.1 Es tablishing general policies and guidelines relating to public sector  
procurement 
 
 11.1.2 Supervising  procurement imp lementation as well as  reviewing the 
procurement and award of contract procedures of every public  entity,


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including certifying all Federal wide procurement before, during, and after 
the award of contracts. 
 
 11.1.3 Formulating  and effecting amendm ents to the Procurement Guidelin es; 
issuance of Procurement Manual, Standard Bidding Documents, Evaluation  
Methodologies, Standard Contracts, and Specifications.  
 
 11.1.4 Providing clarifications for any of the prov isions of the Procurement 
Manual or the aforementioned documents. 
 
 11.2 Objectives of the Public Procurement Bureau 
 
 The Bureau of Public Procurement was established with the following objectives: 
 
 11.2.1 To harmonize existing government policies and pr actices on public 
procurement by stream lining t he government procuremen t syste m and


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procurement by stream lining t he government procuremen t syste m and 
standardizing the same to be of equal application to all public sector entities. 
 
 11.2.2 To ensure better transparency and good governance concerning 
government procurement awards. 
 
 11.2.3 To promote the application of fair and competitive standards and practices, 
by ensuring that all parties who are eligible and d esirous of participating in 
public bidding are given an equal opportunity. 
 
 11.2.4 To ensure that the government will get the best value for money in terms of 
price, quality, and timely delivery of procurement. 
 
 11.2.5 To ensure that the government procu rement system is m ade efficient and 
simplified to promote the development needs of the country.


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simplified to promote the development needs of the country. 
 
 11.2.6 To put in place a mon itoring system concerning selection of successf ul 
bidders and award of government tenders. 
 
 11.3   Key Functions of the Bureau of Public Procurement. 
 
 11.3.1 Formulate the general policies and guidelines relating to public sector 
procurement of goo ds, works, and services for the  approval of the Nation al 
Council on Public Procurement.


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 11.3.2 Subject to thresholds as may be se t by the Council, certify Federal 
procurement prior to the award of contracts within the prior review 
thresholds for all procurements under the Public Procurement Act. 
 
 11.3.3 Supervise the implementation of established procurement policies. 
 
 11.3.4 Moni tor t he prices of tendered items and keep a national database of 
standard prices. 
 
 11.3.5 Publish the details of major contracts in the procurement journal. 
 
 11.3.6 Maintain a n ational database of the particulars and classifications and 
categorization of federal contractors and service providers. 
 
 11.3.7 Collate and maintain in an archival system, all federal procur ement plans, 
and information. 
 11.3.8 Undertake procurement research and surveys.


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and information. 
 11.3.8 Undertake procurement research and surveys. 
 
 11.3.9 Organize procurement training and development programs for procurement 
professionals. 
 
 11.3.10 Coordinate relevant training programs to build institutional capacity. 
 
 11.3.11 Prepare and update Standard Bidding and Contract Documents.  
 
 11.3.12 Prevent fraudulent and unfair procurement and where necess ary a pply 
administrative sanctions. 
 
 11.3.13 Review the procurement and award of contract procedures of every public 
sector entity to which the Public Procurement Act applies. 
 
 11.3.14 Perform  procurement audits and submit such report s to the National 
Assembly bi-annually. 
 
 11.3.15 Introduce , develop, update, and maintain related database s and 
technology.


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Assembly bi-annually. 
 
 11.3.15 Introduce , develop, update, and maintain related database s and 
technology. 
 
 11.3.16 Periodically reviews the socio -economic e ffect o f the policies on 
procurement and advice the National Council on Public Procurement 
accordingly.


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 11.3.17 From time to time, stipulate to all procuring entities, the procedures and 
documentation pre -requisite for the issuance of a “Certificate of N o 
Objection” under the Public Procurement Act. 
 
Ministerial or Parastatal Tenders’ Board  
Section 17 Public Procurement Act 2007 as amended.  
 
 12.1 Composition of the Tenders’ Board: 
 
 12.1.1 The  Accounting Officer , that is, the Per manent S ecretary, in the case of 
Ministries and the Director General or CEO in the case of Extra-Ministerial 
Departments and Corporations s hall appoint the Ministerial Tenders’ 
Board (for Ministries) or the Parastatal Tenders’ Board (Extr a Ministerial 
Departments and Corporations) to handle procurement actions.


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Departments and Corporations) to handle procurement actions. 
  
 12.1.2 The Ministerial Tenders’ Board (for individual Ministry) and the Parastat al 
Tenders’ Board (for each Extra -Ministerial Department or Agency) shall 
be the approving authori ty for the conduct of public procurement for their 
respective entities. 
   
 12.1.3 Subject to the approval of the National Council on Public Procurement, the 
Bureau of Public Procurement shall, from time to time, prescribe 
guidelines for the membership of the Tenders’ Board. However, the best 
practice principle is to have the membership limited to five as follows: 
 
(i) The Accounting Officer i.e., Permanent Secretary or the Director General 
or CEO shall be the Chairperson.


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(i) The Accounting Officer i.e., Permanent Secretary or the Director General 
or CEO shall be the Chairperson. 
 
 (ii)  Other Heads of Department within the Ministry or the Parastatal,  
 
 (iii)  The Procurement Director of the Procuring Entity or his Representative 
shall be the Secretary to the Tenders’ Board. If the Procurement Director 
or his Representative  is unavailable, a senior offi cer from the Mi nistry or 
Parastatal, not below the rank of an Assistant Director (or equivalent) may 
serve as the non-member Secretary. 
 
 (iv)  Each permanent member on the Tend er’s Board shall have an Alternate 
member to ensure business continuity i n the absence o f any of the 
permanent members.


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21 
 
 
Section 17 (2), (3), (4), (5), (6) of the PPA 2007 as amended by Section 64 of the Finance 
Act 2020. 
 
(2) The chief executive and acco unting officer of the procuring entity shall chair the 
parastatal Tenders Board; the Permanent  Secretary shall chair the Ministerial Tenders 
Board; while the President or his representative shall chair the Federal Executive 
Council. 
(3) The accounting officers of the parastatals under the National Assembly shall chair the 
Parastatals Tenders Board,  while t he Clerk to the National Assembly shall chair the 
National Assembly Tender's Board.  
(4) The Secretaries and Chief Registrars shall ch air the Boards of th e Judicial Bodies 
respectively; while the Chief Justice of Nigeria, or his representative, sha ll chair  the


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respectively; while the Chief Justice of Nigeria, or his representative, sha ll chair  the 
National Judicial Council Tender's Board.  
(5) The Secretary- to the Government of the Federation or his representative, shall be  the 
Secretary of th e Federal Executive Council; the Secretary, Directorate of Procurement, 
Estate and Works shall  serve a s Secretary to the National Assembly Tender's Board, 
while the Executive Secretary of the National Judicial Council, or his representative, shall 
be the secretary of the National Judicial Council Tender's Board.  
(6) For the Parastatal Tenders Boar d and the Ministerial Tender's Board, the Directors of 
Procurement shall be the secretaries, and in the case of the judiciary, the Secretaries  of


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Procurement shall be the secretaries, and in the case of the judiciary, the Secretaries  of 
the judicial bodies and the Chief Registrars of the Courts thereof shall be the secretaries. 
 
12.2 Functions of the Tenders’ Board: 
 
The Tenders ’ Board is primarily responsible to ensure that all contracting, and 
procurement processes are executed in accordance with 
i) Good commercial practice 
ii) BPP’s Policies and Statements of Business Principles 
iii) The Public Procurement Act 2007 and 
iv)  This Procurement Procedures Manual 
 
Quorum 
 
A Quorum for a meeting to cons ider submissions shall be the Chairperson or 
his/her Alternate and two other members; one of whom must  be from the 
procurement unit. However , where the Chairperson of  a Tender Board is


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procurement unit. However , where the Chairperson of  a Tender Board is 
unavailable, the substant ive member from the Procurement unit must be 
present to form a Quorum  
 
All meetings shall be held in the presence of the Secretary or his/her Alternate


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Resolution 
 
The resolution will generally be achieved by consensus rather than a majority 
vote.  Where furth er clarification of issues ra ised is required, particularly 
where they are in contention, presentation or sub mission of a Note of 
explanation/additional information shall be necessary. 
 
 
 12.2.1 The Tenders’ Board shall be responsible for the award of proc urements of 
goods, works, and  services within the stipulated thresholds as contained in 
the procurement regulations from time to time. 
  The decisions of the Tender's Boards shall be confirmed res pectively by the 
political heads of the procuring entities, provided that the political heads are 
not the Chairmen of the Tender’s Board - as required by Section 66 of the 
Finance Act 2020.


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not the Chairmen of the Tender’s Board - as required by Section 66 of the 
Finance Act 2020. 
 
 12.2.2 Where there is a need for pre-qualification, the Chairperson of the Tenders’ 
Board shall constitute a Technical Evaluation Subcommittee of th e 
Tenders’ Board. 
 
 12.2.3 The decisions of the Tenders’ Board are final and shall be communicated 
to the Minister for information 
 
 
Technical Evaluation Subcommittee of the Tenders’ Board 
 
 13.1 The Chairperson of the Tenders’ Board shall constitute a Technical Evaluation 
Subcommittee with the responsibility for the evaluation of bids and assisting with 
prequalification, where necessary. 
 
 13.2 The Technical Evaluation Subcommittee of the Tenders’ Board shall be


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prequalification, where necessary. 
 
 13.2 The Technical Evaluation Subcommittee of the Tenders’ Board shall be 
made up of the relevant qualified and experienced professional staff of the Procuring 
Entity. However, the user department, subject matter expert, and procurement officer 
shall be members of the subcommittee. The report of evaluation supporting a request for 
No Objection shall contain the names and relevant qualification of members of the 
Tenders Board  
 
 13.3 The Secretary of the Te nders Board shall be the Chairperson of the Technical 
Evaluation Subcommittee.


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Ministry or Parastatal Procurement Planning Committees 
(MPPC/PPPC) Public Procurement Act - Section 18, 21 
 
 14.1 The  Accounting Officer i.e., Permanent Secretary (for Ministr ies) or the 
Director General or CEO (for Parastatals) shal l appoint the Procu rement Planning 
Committee for each financial year to carry out procurement planning functions. The  
composition of the Procurement Planning Committee is given below: 
 
 14.2 The membership of the Procurement Planning Committee shall be as follows: 
 
 (i)  The  Accounting Offic er i.e., Permanent Secretary (for Ministry)/Director 
General or CEO of  the Procuring Entity  (if a Parastatal ) or his or her 
representative, who shall be the Chairperson; 
 
    (ii)  A representative of:


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representative, who shall be the Chairperson; 
 
    (ii)  A representative of: 
 - The Unit directly in requirement of the procurement, 
 - The Financial unit of the Procuring Entity, 
 - The Planning, Research, and Statistics unit of the Procuring Entity, 
 - Technical personnel of the Procuring Entity with expertise in the subject ma tter 
for each particular procurement, 
 - The Legal unit of the Procuring Entity, and 
 - The Procurement unit of the Ministry/Parastatal, who shall be the Secretary. 
 
 14.3 Functions of the Procurement Planning Committee. 
 
 14.3.1 The Procurement Planning Committee shall be responsible for: 
 
 (i)  Preparing the needs assessment and evaluation of the Procuring Entity; 
 
 (ii)  Identifying the goods, works, and services required;


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(ii)  Identifying the goods, works, and services required; 
 
 (iii)  Carrying out appropriate market and statistical surveys in conjunction with 
the Department of Planning, Research, and Statistics (where available); 
 
 (iv) Preparing an analysis of the cost implications of the proposed procurement; 
 
 (v)  Aggregating its requirements whenever possible, both within the Procuring 
Entity and between procuring entities,  to obta in economy of scale an d 
reduce procurement cost;


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i (vi) Integrating the Ministry’s/Parastatal’s procurement expenditure into the 
yearly budget; 
 
 (vii) Prescribing appropriate method s for effecting the procurement and 
securing necessary Approval for its implementation. 
 
The Procurement Unit or Department 
 
 15.1 The  Accounting Officer i.e., Permanent Secretary (for Ministries) or the 
Director General or CEO (for Parastatals) shall set up  a P rocurement Department for 
implementing its procurement plans. 
 
 15.2 Functions of the Procurement Unit or Department. 
 
 15.2.1 The Procurement Department shall: 
 
(a) Undertake Procurem ent Pla nning with support of Procurement P lanning 
Committee, Finance and User Departments, secure Tender Board approval and 
submit planning templates to BPP------


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Committee, Finance and User Departments, secure Tender Board approval and 
submit planning templates to BPP------ 
(b) Prepare procurement solicitation Documents.  
 
 (c)  Advertise and solicit bids in compliance with guidelines issued by the Bureau 
from time to time. 
 
 (d)  R eceive and m aintain appropriate documentation for b ids received, examine 
bids received, support Tenders Bo ard and its sub -technical evaluation committee 
in evaluating and selecting a win ning Tenderer, make necessary submissions to 
the entity’s Tenders’ Board. Support Accounting Officer in seeking and obtaining 
a “Certificate of ‘No Objecti on’ to Contract Award” from the Bureau of Public 
Procurement if applicable, and 
 
 (e)  Debrief the bid losers on request.


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Procurement if applicable, and 
 
 (e)  Debrief the bid losers on request. 
 
 (f) Support Accounting Officer in resolving complaints and disputes, if any. 
 
 (g)  Obtain and confirm the validity of any performance guarantee. 
 
 (h) Announce and publicize Contract Awards. 
 
 (i)  Support Accounting Officer in ensuring execution of all Contract Agreements.


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The Technical & Financial Evaluation Sub Committees  
 
 16.1 Upon completion of the evaluation  process, the Tender Evaluation Sub 
Committee prepares a tender evaluation report setti ng out the process by which it 
evaluated the tenders, to be submitted to the Tenders’ Board for approval. A Standa rd 
Tender Evaluation Report covers among other things: 
 
 Key dates and steps in the tendering process; 
 Technical evaluations if any; 
 Tender prices, corrections, and discounts; 
 Additions, adjustments, and price deviations; 
 Post qualification results; 
 Names of bidders rejected and reasons for rejection of tenders; and  
 The proposed contract award. 
 
The BPP evaluation template should be used in preparing every tender evaluation report. 
 
Communication with Bidders


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The BPP evaluation template should be used in preparing every tender evaluation report. 
 
Communication with Bidders 
 17. At no stage shall the composition, names , or any other details of any of the 
above Commi ttee members be div ulged to  the bidders . Other th an when direct 
negotiations are required with the bidders, members of the above-named Committees 
shall not communicate directly with the bidders. All such communi cations shall be done  
through the Procuring Entity. 
Section 32 (8) 
After the opening of bids, information relating to the examination, clarification , and 
evaluation of bids and reco mmendations concerning the award shall not be disclosed to 
bidders or to pe rsons not of ficially concerned with the ev aluation process until the


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bidders or to pe rsons not of ficially concerned with the ev aluation process until the 
successful bidder is notified of the award.


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SECTION 3 — ORGANISATION OF THE PROCUREMENT 
FUNCTION PPA Section 20(2) 
 
 18. Chief Executive (if a parastatal) or Permanent Secretary (if a ministry) shall have 
overall responsibility for control and coordination of the procurement p rocess under a  
public Procuring Entity.  
 19.  A prior no-objection to the award of contracts shall be required from the Bureau 
of Public Procurement for all procurement within the prior review threshold. 
PPA Section 5(p) 
 20.  The Bureau shall periodically carry out procurement reviews of public entity's 
procurement activities. 
 20.1 The Bureau shall perform procurement audits on post-review items and submit 
such reports to the National Assembly bi-annually. 
 
Section 17 of the Public Procurement Act 2007 as amended –


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such reports to the National Assembly bi-annually. 
 
Section 17 of the Public Procurement Act 2007 as amended –  
 
 21. Subject to the monetary and prior review t hresholds for procurements, the 
Parastatal Tenders’ Board of a government agency, parastatal, or  corporation or in the 
case of a ministry or extra -ministerial entity, the Ministerial  Tenders’ Board shall be the 
Approving Authority for the conduct of public  procurement. The Tender Board decision 
is final in procurements below the prior review threshol d except re versed pursuant to a 
complaint. In  procurement activities within the prior review t hreshold, Tender board 
decisions are subject to a No Objection by BPP.  
 
Budgeting / Annual Procurement Plan


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decisions are subject to a No Objection by BPP.  
 
Budgeting / Annual Procurement Plan 
 21.1 Planning  of Project expenditures (budgeting) is  a critical aspect of Financial 
Management and Procurement. Budgeting should be based on the following stages: 
 
 21.2 The  Procuring Entity , with the support of the procurement department, the 
procurement planning committee, and the finance team sh all prep are the annual 
procurement plan with the corresponding Budget for each financial year.  The Pla n shall 
show short  description of the estimated procurement, value, time schedule, method  of 
procurement, packages/lots, approving authorities based on BPP thresholds, etc. 
 
Section 5(i0 of Public Procurement Act


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Section 5(i0 of Public Procurement Act  
 
 21.3 The  Accounting Officer ( Permanent S ecretary/Chief Executive) shall s ubmit 
the Procurement Plan and the related Budget for the year to the Bureau for review and


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27 
retention. Changes to the  procurement plan shall be acc ordingly notified to the Bureau 
before initiation of the procurement process. 
 
Procurement Monitoring and Evaluation 
 
 22. T he Procurement Unit shall establish a system to continuously monitor all 
procurement and finan cial inf ormation relat ed to pr ocurement implementation. The 
monitoring should provide information on procurement i mplementation at all leve ls. 
Procuring Entity  shall maintain both file and electronic records of all procurement 
proceedings made within each financial year  and copies of all procurement records shall 
be transmitted to the Bureau of Public Pro curement not later than 3 months after the end 
of the financial year, and shall show: (Section 16(13) Public Procurement Act 2007 as 
amended.


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of the financial year, and shall show: (Section 16(13) Public Procurement Act 2007 as 
amended. 
 
 · Information identifying the Procuring Entity and the contractors; 
 
 · The date of the contract award; 
 
 · The value of the contract; and 
 
 · The detailed records of the procurement proceedings. 
 
Section 16 Public Procurement Act 2007 as amended 
 Procurement mo nitoring reports will be issue d quarterly to ensure sta ndards and 
procedures are being observed. 
 
Record Keeping 
 23. The availabilit y and completeness of  procurement records are critical. In 
addition to overall data on numbers, types, values , and dates  of cont racts awarded and 
names of awardees, procuring entities should maintain for all contracts, a record which 
includes, inter alia:


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names of awardees, procuring entities should maintain for all contracts, a record which 
includes, inter alia: 
 
 Public notices of tendering opportunities  
 Tendering documents and addenda 
 Tender clarifications if any 
 Tender opening information 
 Tender evaluation reports 
 Formal appeals by bidders and outcomes 
 Signed contract documents and addenda and amendments 
 Records of claims and dispute resolutions


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 Record of time taken to complete key steps in the process 
 Comprehensive disbursements data concerning payments 
  
Staffing 
 24.  The quality and sufficiency of staff in the unit are essential to good procurement 
administration. Each Procuring Entity will ensure it has sufficient qualified staff available 
to carry out the normal procurement tasks assigned to them, and regular assessment will 
be ca rried out to dete rmine th e extent of assis tance required in the form of training , 
additional staff, or recruiting consultants or procurement agents. 
 
Revisions to the Procurement Manual 
 25.1 Users of this manual are encouraged to recommend revisions by: 
 Contacting: 
 
  The Director General 
  Bureau of Public Procurement 
  11 Suleiman Barau Crescent 
  Three Arms Zone


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The Director General 
  Bureau of Public Procurement 
  11 Suleiman Barau Crescent 
  Three Arms Zone 
  Asokoro, Abuja. 
 
 Providing chapter, page, and recommended change. 
 
 25.2 Consecutively  numbered update bulletins will be issued to effect cha nges to 
this Manual  after due consider ation and approval by the National Council on Public 
Procurement. The bulletins will: 
 Give instructions for the insertion and removal of pages,  
 State the purpose of the new or revised material and  
 Specify any policies or procedures which have been superseded.  
 
Quick Reference  
 26.  This Manual provides a quick reference to quest ions that must be answered in 
making Procurement, such as: 
 Is there budgetary provision for the goods and services to be procured?


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making Procurement, such as: 
 Is there budgetary provision for the goods and services to be procured? 
 Are these goods and services found in the Procuring Entity’s Procurement Plan? 
 Are these goods or services exempt from the requirement of competition?  
 How can qualified vendors be located?  
 Which competitive procurement method should be used?  
 How are adequate specifications written? 
 How is a procurement solicitation constructed?


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 How should bids or proposals be evaluated?  
 What about contract administration?  
 What can the Procuring Entity do if a vendor does not perform?  
 What are the consequences for a vendor who fails to perform?  
 What remedies do vendors have in contractual disputes?  
 What are the ethical questions that must be considered in procurement? Etc.


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SECTION 4 — PROCUREMENT PLANNING 
 
Strategic Considerations 
 
 27.1 Proc urement planning is much more than just choosing which procureme nt 
methods to use for various goods, works , and services co ntracts and when to schedule 
activities. These are important parts of planning but are closer t o the end of the proce ss 
than the begi nning. Before reaching this stage, several more fundamental deci sions 
should have been made first. The starting question is: Does the entity need this activ ity 
(proper needs assessment and evaluatio n) and if yes, w hat ar e the mo st effective and 
efficient procurement arrangements for achieving the entity’s objectives? 
 
 27.2 This section covers these subjects in the general order in which they need to be


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27.2 This section covers these subjects in the general order in which they need to be 
addressed in procurement planning. It will soon  become evident to a p lanner, however, 
that this is not a linear process but rather an iterative procedure that should exp lore 
various options. Quite different levels of planning details will be appropriate for differ ent 
situations: a specific infrastructure investment; a social sector project; etc. 
 
 27.3 Whatever the situation or the effort and detail that go into the procu rement 
planning, the results must be re viewed and updated throughout the life of a capital 
project. Estimates of time requirements, as sumptions about instit utional capacity, 
changing priorities, and other factors will require plan adjustments. The need for  changes


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changing priorities, and other factors will require plan adjustments. The need for  changes 
does not invalidate the plan; it simply emphasizes that planning is a dynamic process 
rather than a static picture. 
 
Procurement Planning Committee 
 28. For each financial year , every Procuring Entity  shall establish a Procurement 
Planning Committee comprising of: 
 
 - The Accounting Officer of the Procuring Entity  or his/her representative who 
shall chair the committee; 
 
 - A representative of the  procurement function of the Procuring Entity who shall 
be the secretary; 
 
 - A representative of the unit directly in requirement of the procurement; 
 
 - A representative of the financial function of the Procuring Entity;


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 - A representative of the planning, research, and statistics function of the Procuring 
Entity; 
 
 - A representative of the legal function of the Procuring Entity; and 
 
 - Technical personnel of the Procuring Entity with expertise in the subject matter 
for each particular procurement. 
 
Section 21 Public Procurement Act 2007 as amended. 
 
Preparing the Plan  
 29.1 Procurement  planning may t ake either of two fundamentally diff erent 
approaches, depe nding on  whether it is for a s pecific investment proj ect or one of 
consolidating the various project or department plans into one single pl an for a M inistry, 
Parastatal, or Agency . Regardless of whi ch type of project, it is essential  to dev elop a 
plan that sets out the framework in which procurement will be executed.


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plan that sets out the framework in which procurement will be executed. 
 
 29.2 The  conventional approach for specific investment projects i s to start by 
compiling a list of all known goods, works , and servic es needed to achieve the se t 
objectives. This lis t then b ecomes the basis for d eciding how these items s hould be 
combined or divided into contract packages, what method of procurement shou ld be used 
for each , and the scheduling for procurement activities. Even this seemingly 
straightforward preparation of the list of needs already i mplies a strategic decisi on about 
how procurement and contracting will be executed.  
 
The Procurement Planning Software 
 
The Bureau of Public Procurement (BPP) has developed and commissioned a web-based


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The Procurement Planning Software 
 
The Bureau of Public Procurement (BPP) has developed and commissioned a web-based 
procurement planning so ftware b ased on the need to ac hieve one of its function s 
stipulated in Section 5(i) of the Public Procurement Act, 2007 and to ensure that 
procurement plans submitted by MDAs contain the right information and  in the approved 
format. 
 
The Procur ement Pl anning Software automa tes the preparation and submission of  
procurement plans to the Bureau.  
 
The system offers the following:  
 As a Web-based Planning Software, users who have an internet connection can 
access it from anywhere at any time. 
 It has eliminated the difficulties a ssociated with the collation of procurem ent 
items from units/departments within an MDA


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 It minimizes embarrassing data entry errors   
 The Software guides the officers through the procurement planning process (in its 
sequential order) 
 It guides officers in  the selection of appropriate Procurement  Methods and 
Approval Authority based on the estimated Contract amou nt and the Approval 
threshold. 
 It eliminates the selection of over lapping dates and  non-working days in the 
planning process, hence realistic timelines in the procurement plan.  
 At the click of a button, it generates Report which contains the entire Procurement 
Plan for a Procuring Entity in the acceptable format. 
 
How to access the Procurement Planning Software 
The software authen ticates a user before s/he can use it to create and submit a 
procurement plan of their MDA to the Bureau.


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procurement plan of their MDA to the Bureau.  
(A) Consequently, procuring entities are required to write officially to the Bureau 
forwarding the names of at least five ( 5) Users for whom access will be granted to 
create and submit the MDA’s procurement plan using the Procurement Planning 
Software. The requi red details of the User should be forwarded in the fo rmat 
below; 
Surname First Name e-mail address Mobile number Designation 
          
 
(B) Within 48 hours of submission, the Bureau will create a profile for the us ers and 
register them on the software accordingly. 
 
(C) The details about the “Login ID” which is the  Username for the system, the 
“Password” and h ow to log in wi ll then be sent to the User’s e-mail box as 
indicated in the request letter.


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“Password” and h ow to log in wi ll then be sent to the User’s e-mail box as 
indicated in the request letter. 
 
(D) The following steps  will act as a guide to all users on how t o gain access to the 
procurement management system: 
 
Step ONE 
The registered User can access the Procurement Planning Software from the 
BPP we bsite http://www.bpp.gov.ng/ then cli ck ‘ Procurement Management 
System (PMS)’ This will take you to a log-in page of the software.


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Step TWO 
After entering your Login ID  and Password, click on th e SIGN IN  button, 
and the system will take you to the Welcome page of the Software.  
 
Step THREE 
The procurement planning tool is a  module in the Bureau ’s software call ed 
Procurement Management Software. PMS is built to handle  every part of the 
procurement process and the entir e system consists of six modules. However, 
users are to focus on the Procurement Planning Module (PPM) which  is 
presently the only module that is highlighted on the welc ome page of the 
PMS. Then Click on the Procurement Planning Module to start the planning 
process. 
 
Step FOUR 
On the Procurement Planning Module page, click on “New Procurement 
Plan” to sta rt the process of creating the Procurement Plan.


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Plan” to sta rt the process of creating the Procurement Plan.  
 
 
 29.3 The  Procurement Planning Committee sha ll have the responsibi lity for  
planning the Procuring Entity’s procurement as follows: 
 
 (i)  Prepare the list of all known goods, works, and services needed to achieve the set 
goals for the Procuring Entity; 
 
 (ii) Evaluate the list and divide it into contract packaging; 
 
 (iii) Carry out appropriate market and statistical surveys; 
 
 (iv) Prepare an analysis of the cost implications of the proposed procurement; 
 
 (v)  Aggregate the procurement requirements both within the Procuring Entity and 
between procuring entities, to obtain economy of scale and reduce procurement 
cost;


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between procuring entities, to obtain economy of scale and reduce procurement 
cost; 
 
 (vi)  Prescribe appropriate method for effecting procurement subject to the necessary 
approval of the Procurement Planning Committee; 
 
 (vii) Integrate procurement expenditure into the entity’s yearly budget; 
 
 (viii)  Ensure that no reduction of values or splitting of procurements is carried ou t 
such as to evade the use of the appropriate procurement method; and


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 (ix) Ensure that adequate appropriation is p rovided specifically for the pr ocurement 
in the Federal budget. 
 
 (x) upload the procurement plan on the BPP web portal using the approved 
planning software/tool 
 
Section 18 Public Procurement Act 2007 as amended 
 
 29.4 In  addition to the above, the  Procurement Planning  Committee shall have 
responsibilities for: 
 
 • Prescribing any method for effecting the procurement subject to necessary 
approval; 
 
 • Developing the tender; 
 
 • Advertising or soliciting for bids in accordance with established procedures and 
guidelines; and 
 
 • Receiving and prepar ing for  evaluation of any bids  received in response to 
solicitations. 
 
Section 19 Public Procurement Act 2007 as amended 
 
Procurement Scheduling


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solicitations. 
 
Section 19 Public Procurement Act 2007 as amended 
 
Procurement Scheduling  
 30. One of the considerations in choosing contract packaging is the ti ming of when 
goods or services are needed. Aft er preliminary packaging plans have been formulated 
and, by implication, the method of procurement to be used for e ach is tentatively 
determined by the nature and size of the packages, it is necessary to verify  that t hese 
combinations will permit the goods  or se rvices to be delivered at the times they are 
needed. The best way to check this is to work backward  from the desired date of delivery 
to determine whether sufficient time is available to carry out the ne cessary procurement 
steps for each element.  
 
Procurement Time Requirements


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steps for each element.  
 
Procurement Time Requirements 
 31. Each method of procurement involves different steps and/or different time 
requirements. The following table  gives typical ranges of time needed for the most 
common methods, fr om the time the procur ement pr ocess is started until a winner is 
selected and a contract signed.


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35 
 
Table 1 - Procurement Time Requirements  
Procurement 
Method 
Suitable Applications Approximate/ 
Indicative 
Range of 
Times for 
Each Method 
International 
Competitive Bidding 
(ICB) 
     
Preferred met hod of P rocurement, for  large 
contracts for goods, works , and related 
services. 
 
There is an interest by foreign suppliers  the 
required goods or works. 
 
The requirements for procurement are widely 
available, and 
 
Although efficiency is importa nt, there is no 
specific urge ncy in p rocessing the 
procurement. 
ICB for works 
with 
prequalification 
needs: 9-12 
months 
 
ICB for  works 
without 
prequalification 
needs: 5-7 
months 
 
ICB for goods  
5-7 months 
Limited International 
Bidding 
 
 
There are only a few known suppliers.


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months 
 
ICB for goods  
5-7 months 
Limited International 
Bidding 
 
 
There are only a few known suppliers.  
Best practice is for all eligible suppliers to be 
invited to bid. 
 
Small amounts of money a re involved E.g., 
in the procurement of a small number of 
vehicles or machine tools; or 
 
Exceptional reasons such as emergency 
actions related to a major natural disast er, 
which may justify the waiving of advertising 
of competitive bids. 
 
LIB goods: 4 -6 
months 
National Competitive 
Bidding 
The ca pability and competit iveness of  local 
bidders make it unattractive for  foreign 
bidders to compete for con tract below a 
certain value; 
 
NCB goods: 4-
6 months


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In the case of work s, they are spread  
geographically over time in a manner that 
upsets the economies of scale; and 
 
The goods or works are available locally  at 
prices significantly below those in the  
international markets. 
 
Direct Contracting Where extension of an existing contract is 
necessary as works are already underway; 
 
Similar goods as those purchased under  an 
existing contract is  required (Subject to the 
reasonableness of price and where no benefit 
can be gained from competition); 
 
Standardization of equipment and spare parts 
of compatibility with existing equipment is 
required; 
 
Equipment required is proprietary and there 
is only one source and no alternative 
equipment or pr oducts with equivalent 
performance characteristics are available;


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equipment or pr oducts with equivalent 
performance characteristics are available;  
 
Critical components or materials from 
particular suppliers  are required by the 
contractor responsible for a process design as 
a condition for the guarantee for 
performance; or 
 
Direct contracting is also used where, in  
exceptional cases, early delivery of  essential 
goods is needed in emergency operations. 
 
Direct 
contracting: 1-3 
months 
National Shopping Goods required are readily available    
off-the-shelf goods or standard commodities 
in quantities of small value; 
 
In some cases,  small simple works for  E.g., 
for essential repairs to restore a basi c 
Shopping 
goods: 1-2 
months


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37 
industry or service, or other reconstruct ion 
work after natural disasters where delays  
may result in greater damage and loss of life 
or property; desired goods are  ordinarily 
available from more than one  source in the 
country. 
 
Force Account 
(Direct Labour)  
The Procuring Entity  has ascertained tha t a 
schedule of rates, cos t - plus or target 
contract would not be feasible, as quantities 
of work to be carried out cannot be defined 
in advance; 
 
Works are small and scattered or in remote 
locations with no local c ontractors and 
demobilization costs for outside contractors 
would be too high;  
 
Works must be carried out without  
disrupting existing operations;


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would be too high;  
 
Works must be carried out without  
disrupting existing operations; 
 
The risk of unavoidable work interruptions  is better borne by Procuring Entity than by a contractor; 
 
No contractor is inte rested in conducting the 
work at a reasonable price; 
 
It has been demonstrated that Force  Account 
(Direct Labour) is the only practical method 
for constructing and maintaining works 
under special circumstances; or 
 
Where national security would be 
compromised if any other method was used. 
Force account: 
1-3 months


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 31.2 In  some cases, it may be possib le to mod ify certain contract p ackages and 
procurement methods and shorten the  time needed unt il delivery to meet de sired 
schedules, prov ided that the modified approach is still consistent with the procedures 
required and the types of approaches p ermitted under the Act. In other cases, it will have 
to be recognized that no other approach i s permissible for that particular procurement 
need a nd that the time required cannot be shortened by changing packaging or 
procurement methods. An appropriate sol ution to bring for ward the date of deliv ery or 
completion of a contract is by starting the procurement process earlier. 
 
Procurement Plan Presentation


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completion of a contract is by starting the procurement process earlier. 
 
Procurement Plan Presentation 
 32. A Procurement Plan shall be developed for each Procuring Entity based on its 
procurement requirements and will contain , to the extent possib le, proposed procurement 
arrangements for all  the main compon ents, in cluding the overall p rocurement strategy, 
methods of selection, and timing sequence for the major contracts. 
 
SECTION 5 — PROCUREMENT IMPLEMENTATION 
 
Advertising and Notification of Procurement Opportunities  
 33. Timely appropriate notification of procurement opportunities fo r goods, works , 
and consulting services is essential for economic and efficient project execution, and is


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and consulting services is essential for economic and efficient project execution, and is 
the basis for eliciting maximum compet ition with fair opport unities for all potential 
bidders.  
 
Section 19 Public Procurement Act 2007 as amended. 
 
General Procurement Notice  
 34. The General Procurement Notice (GPN) contains advance information on the 
major procurement packages being considered or approve d for funding by the Procuring 
Entity. The information is int ended to alert suppliers and contr actors of NCB and ICB 
procurement and consultants of upcoming opportunities. The information to be included 
in the GPN includes: 
 
 • The name of the Procuring Entity; 
 
 • Description of the entity’s program of activity;


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in the GPN includes: 
 
 • The name of the Procuring Entity; 
 
 • Description of the entity’s program of activity; 
 
 • The scope of procurement under NCB and ICB and consulting assignments ( i.e., 
technical services) estimated to cost US$ ——— equivalent or more; and


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 • If known, the schedule d dates for availabi lity of the tendering docume nts or, as 
appropriate, the prequalification documents. 
 
  
Specific Procurement Notice 
 35.1 A Specific Procurement Notice (SPN), for each of the major procuremen t 
packages in the procurement plan , should also be issued. SPNs ar e issue d either as a 
public Invitation for Prequali fication in the absence o f pre -qualification, or as an 
Invitation for Tenders. It is recommended in practice that the invitation also b e 
incorporated in the front of the prequalification or tender document s as ap propriate for 
reference purposes. SPNs s hould pr ovide ad equate notifi cation of specific contract 
opportunities or Invitation for Tenders (IFT ) by a Procuring Entit y regardless of what


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opportunities or Invitation for Tenders (IFT ) by a Procuring Entit y regardless of what 
procurement method is used.  
 
 35.2 The SPN should be issued in the following way: 
· As an adv ertisement in at least two na tional newspapers and the Federal 
tenders Journal; 
· By an announcement in the government official gazette; 
· By placement on the Procuring Entity’s website. 
 
 If there has been prequalif ication, the Procuring E ntity sends the Invitation for 
Tender (IFT) and t endering documents only to the pre -qualified potential bidders, with 
notification of their successful prequalification. No additional notices or any advertising 
for tendering are required or should be issued under these circumstances.  
 
 35.3 The SPN contains information concerning:


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35.3 The SPN contains information concerning: 
 
 • The name of the Procuring Entity; 
 
 • The name or nature of the contract; 
 
 • Items to be procured; 
 
 • Contact information for obtaining tendering documents; 
 
 • Cost of the tendering documents; 
 
 • Place and deadline for tender submission; 
 
 • Required Bid security amount and format;


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 • The place, date, and time of tender opening; and 
 
 • The minimum qualifications that  bidders must meet. An invitation for 
prequalification includes similar information including the place an d deadline for 
submission of the application to pre-qualify. 
 
  
Requests for Expressions of Interest 
 36. A Request for Expression of Interest (REoI) should also be published in at least 
two national  newspapers. Interested consultants should be requested t o provide the 
minimum information required to make a jud gment on the firm’s suitability for being 
short-listed. Sufficient time (not less than 14 days ) shall be provided for responses before 
the preparation of the shortlist. 
 
Other Notifications


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the preparation of the shortlist. 
 
Other Notifications 
 37. The Procuring Entity may also use other mean s of publishing information on 
tendering opportunities including on any procurement websites or other electronic media. 
 
Prequalification of Bidders  
 38.1 Best practice is that the procurement plan  usually specifies w hether 
prequalification is required and for which categories of contracts. Prequalification is 
common for large works, civil works , turnkey plants, Build  Operate & Transfer, some 
special goods, and complex information technology systems. However, prequalifi cation 
is not generally needed for vehicles, PC supplies, and ordinary goods.  
 
Public Procurement Act Section 23 
38.2 Where a Procuring Entity has decided concerning the minimum qualifications of


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Public Procurement Act Section 23 
38.2 Where a Procuring Entity has decided concerning the minimum qualifications of 
suppliers, contractors , or service provid ers by r equesting interested persons to submit 
applications to pre-qualify, it shall set out p recise criteria upon which it seeks to consider 
the applications and in deciding as to which supplier, contractor or serv ice pro vider 
qualifies, shall apply only the criteria set out in the prequalification documents  and no 
more.  
 
38.3 Procuring entities shall supply a set of pre-qualification documents to each supplier, 
contractor, or service provider that requests them; a nd the price that a Procuring Entity 
may charge for the prequalification docum ents shall reflect only the cost of printing and


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may charge for the prequalification docum ents shall reflect only the cost of printing and 
provision to suppliers or contractors and service providers.


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41 
38.4 The prequalification documents shall include: 
 
 • Instructions to prepare and submit prequalification applications;  
 
 • A summary of the m ain ter ms and condition s requir ed for the procuremen t 
contract to be entered into as a result of the procurement proceedings; 
 
 • Any documentary evidence or othe r information th at must  be submitted by 
suppliers, contractors, or service providers to demonstrate their qualifications; 
 
 • The manner and place  for the submission of applications to pre -qualify and the 
deadline for the submission, expressed as a specifi c date and time which allows 
sufficient tim e for suppliers, contractors , or service providers to prepare and 
submit t heir app lications, taking int o account the reasonable needs of the


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submit t heir app lications, taking int o account the reasonable needs of the 
Procuring Entity; and 
 
 • Any other requirement that may  be established by the Procuring Entity in 
conformity with this Act and procur ement regulations relating to the preparation 
and su bmission of applications to pre -qualify and to the prequalification 
proceedings. 
 
Section 23 Public Procurement Act as amended. 
 
 38.5 The procurement entity shall r espond to any request by a supp lier, contractor, 
or service provider for  clarification of the prequal ification documents if the request is 
made within the time specified in the Pre-qualification Data Sheet (PDS)which is often a 
number of days before the deadline for the submission of applications to pre-qualify.


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number of days before the deadline for the submission of applications to pre-qualify.  
 
 38.6 The response by the Procuring Entity shall be g iven within a reasonable  time 
and in any event within the time indicated in t he PDS to enable the su pplier, contractor, 
or service provider to make a timely submission of its application to pre -qualify. The 
response to any request that might reasonably be expected to be of  interest to one 
supplier, contractor , or service provider shall, without identifyi ng the source of the 
request, be communicat ed to all other suppliers or contractors , or service providers 
provided with the prequalification documents by the Procuring Entity.  
 
 38.7 A Procuring Entity shall promptly notify  each supplier, contractor, or service


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38.7 A Procuring Entity shall promptly notify  each supplier, contractor, or service 
provider which applied to pre-qualify of whether or not it has been pre-qualified and shall 
make avail able to any member of the gen eral public upon request, the names of the 
suppliers, contractors or service providers who have been pre-qualified.


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42 
 
 38.8 Suppliers, contractors, or service pr oviders who have been pre -qualified may 
participate further in the  procurement proceed ings. The Procuring Entity  shall upon 
request communicate to s uppliers, contractors, or service provide rs who have not been 
pre-qualified, the grounds for disqualificatio n but the Procuring Entity is not required to 
specify the evidence or give the reasons for its findings.  
 
Post Qualification of Bidders 
 
 38.9 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 service provider.


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same criteria used to pre-qualify the supplier, contractor, or service provider. 
 
 38.10 The Procuring Entity  shall disqualify any supplier, contractor , or service 
provider who fails to demonstrate its  qualification again if request ed to do so. The 
Procuring Entity  shall prompt ly notify eac h supplier, contractor , or service provider 
requested to demonstrate its qualifications again whether or not the supplier, contractor , 
or service provider has done so to the satisfaction of the Procuring Entity. 
 
Invitations to Bid  
 39.1 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 t he 
monetary thresholds for which procurements shall fall under either system.


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monetary thresholds for which procurements shall fall under either system.  
 
 39.2 Every invitation to an Open Competitive Bid shall: 
In the case of goods and works under International Competitive Bidding , be advertised in 
at least two national newspap ers, the relevant internationally recognized publication, any 
official websites of the Procuring Entity and the Bureau as well as the tenders journal not 
less than six weeks before the deadline for submission of the bids for the goods and 
works; 
 
 39.3  In the case of goods and works va lued under National Competiti ve Bidding, 
For NCB- be advertised on the notice b oard of the procuring entity, any official websites 
of the procuring entity; at least two national newspapers, and in the procurement journal


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of the procuring entity; at least two national newspapers, and in the procurement journal 
not more than four weeks for contra cts within the thresholds of the Parastatals a nd 
Ministerial Tender's Boards an d not m ore than six weeks for contracts above the 
threshold of the Ministerial Tenders Board before the deadline for submission of the bids 
for the goods, works and services.”


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43 
For the low-value procurement, the advert shall be for one week on the notice board of 
the procuring entity – Section 65 Finance Act. 
 
Section 25 Public Procurement Act 2007 as amended  
 
 39.4 Every advert of an invitation to an Open Competitive Bid shall include: 
 
 • The name and address of the Procuring Entity; 
 
 • The nature, quantity, category , and place of deliver y of goods to be procured or 
the nature, category, and location of the works to be procured; 
 
 • A statement that submissions must be made only in the English language; 
 
 • The deadline for delivering or performing the procurement; 
 
 • Information about the requirements to be met by suppliers and contractors; 
 
 • A statement of the application of domestic preferences if any;


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• A statement of the application of domestic preferences if any; 
 
 • The instructions for obtaining th e documents containing the specifications of the 
essential provisions of the procurement and the price, if any, for these 
documents; 
         If pre-qualification has not occurred, the detailed qualification required of tenderer 
including statutory compliance requirements  
 
 • The place and the deadline for the submission of the bids; 
 
 • The place, date, and time for the opening of the bids. 
 
 39.5 If  the Procuring Entity  had previously conducted pre -qualification for the 
procurement in question, the tender documents shall be issued only to those suppliers and 
contractors who had been pre-qualified and paid the necessary fee for the tender 
documents.


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contractors who had been pre-qualified and paid the necessary fee for the tender 
documents. 
 
 39.6 The  price to be stipulated for any tender documents must not exceed  the 
reasonable cost of  printing, compilation, and delivery of the doc uments plus a 
commensurate administrative fee. 
 
 39.7 Any person may after collecting the tender documents, request for clarifications 
of matters contained in the tender documents. All s uch requests for clarifications shall be


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44 
in writing and addressed to the Procuring Entity no later than within the time stipulated in 
the tender documents which must be before the deadline for the submission of the bids. 
 
 39.8 The response by the Procuring Entity shall provide a written response within a 
reasonable time and in any event not later th an within the number of d indicated in the 
tender document which must be before the deadline for submission to enable the supplier 
or contractor to make a timely submission of its bid.  
 
 39.9 T he response to any requests for clarifications shall, without identifying the 
source of the request, be  copied to all other prospective su ppliers and contractors who 
had paid for and collected the tender documents.


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had paid for and collected the tender documents. 
 
 39.10 At any time before the deadline f or submission of bids, the Procuring Entity 
may modify the tender documents by issuing an addendum either in response to a request 
for cla rification or any o ther re ason. The addendum shall be sent in writing to all 
prospective suppliers and contractors who had obtained the tender documents.  
 
 39.11 A Procuring Entity if it finds it expedient so to do may convene a p re-tender 
conference for the suppliers and contractors to clarify all matters pertaining to the tender 
documents. All request s for  clarifications and the responses provided during the 
conference shall be recorded in the minutes of the meeting with out identifying the source


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conference shall be recorded in the minutes of the meeting with out identifying the source 
of the r equests and the minutes shall be distributed to all prospective suppliers and 
contractors who had obtained the tender documents. 
 
 39.12 In  all such cases where addendums hav e been issued, the Procuring E ntity 
shall be obliged to extend the deadline by such a length of time as would be reasonable to 
allow the suppliers and contractors to consider the clarifications and, or addendums to the 
tender documents and make the appropriate inputs to their bids. Not ice of t he extension 
shall b e promptly dispatched to every supplier or contractor who had obtained the bid 
documents. 
 
  
Submission of Bids


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documents. 
 
  
Submission of Bids 
 40.1 All bids in response to  an invitation to Open Competitive Biddi ng shall be 
submitted in writing manually or by electronic means and, or in 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 envelope.  
 
 • All submitted bids shall be deposited in a secured tamp er-proof bid  box or be 
submitted by electronic means in accordance with applicable rules.


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45 
 
 • All bids must be in the English language. 
 
 • The Procuring Entity shall issue a receipt showing the date and time the bid was 
delivered and record the same in a Bids Return register. An electronic submission 
shall also be receipted with a response message indicating date, and time the bid 
was delivered.  
 
 • Any bid received after the deadline for the submission of bids shall not be opened 
and must be returned to the supplier or the contractor which submitted it. 
 • All bids submitted shall be securely kept in a tamper-proof bid box. 
 
 • No communication shall take place betw een procuring entities and any supplier 
or contractor aft er the p ublication of a bid solicitation other than to provide  
additional clarifications


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or contractor aft er the p ublication of a bid solicitation other than to provide  
additional clarifications 
 
Rejection of bids; Section 28 Public Procurement Act 2007 as amended. 
 
 41.1 A Procuring Entity may: 
 
 – Reject all bids at any time before the acceptance of a bid, without incurring 
thereby any liability to the bidders,  
- The rejection of all Bidders requires prior approval of the BPP 
 
 – Cancel the procurement proceedings in the public i nterest, without incurring any 
liability to the bidders. 
 
 41.2 Bidding  documents usually carry provis ions for the rejection of all bids 
received. However, rejection of all bids shall be done only under exceptional 
circumstances and can be justified when there is a lack of effecti ve competition; or n o


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circumstances and can be justified when there is a lack of effecti ve competition; or n o 
substantially responsive bid received; inadequate compe tition; all bid prices were 
unreasonably hig h and substantially above the Procuring Entity’s budget provision; 
bidding documents found to be defective, or the requirements of the Procuring Entity has 
changed. 
However, if following competitive bidding only one bid has been received and the bid is 
of good quality, meets the requirements of the bidding document, is technicall y and 
financially responsive compared to market prices, and otherwise, in order, for the bid can 
be accepted and following evaluation, awarded to the sole bidder.


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46 
Validity Period for Bids; Modification and Withdrawal of Tenders 
Section 29 Public Procurement Act 2007 as amended. 
 42.1 The period of validity for a bid shall  be the period specified in the tender 
documents. A Procuring Entity may request suppliers or contractors to extend  the period 
of va lidity for an additional specified period. A s upplier or contractor may refuse the 
request and the effectiveness of its bid will terminate upon the e xpiry of the un-extended 
period of effectiveness.  
 
 42.2 A supplier or contractor may modify or withdraw its bid before the deadline for 
the sub mission of bids. The modification or notice of  withdrawal is effective if it is 
received by the procurement entity before the deadline for the submission of tenders.


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received by the procurement entity before the deadline for the submission of tenders.  
 
Section 19 Public Procurement Act 2007 as amended. 
 
Bid Opening 
 43.1 All bids shall be submitted befor e or by the deadline or date specified in the 
tender d ocuments or any extension of the deadline for sub mission and the Procuring 
Entity shall: 
 
- Invite two credible perso ns as observers , one person each repres enting a 
recognized (i) private sector professional organization whose experti se is 
relevant to the particular  goods or service being p rocured and (ii) non -
governmental orga nization working in transparency, accountab ility, and anti -
corruption areas, and th e observers shall not intervene  in the procurement


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corruption areas, and th e observers shall not intervene  in the procurement 
process but shall  have the right to submit their observatio n report to the Bureau 
and any other relevant agency including their organizations or associations. 
 
 - Permit attendees to examine the envelopes in which the bids have been submitted 
to ascertain that the bids have not been tampered with;  
 
 - cause all t he bids to be opened  in public, in the presence of the bidders or their 
representatives and any interested member of the public; 
 
 - ensure th at the bid opening takes place immediately following the deadline 
stipulated for the submission of bids or any extension thereof; 
 
 - ensure that a register is taken of the name s and addresses of all those present a t


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- ensure that a register is taken of the name s and addresses of all those present a t 
the bid opening and  the organizations  they represent which is record ed by the 
Secretary of the tender’s board; and


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47 
 
 - call-over to the hearing of all pr esent, the name and address of each bidder, the 
total amount of  each bid, the bid currency, validity period, completion period in 
the order of priority set out below: 
   
  First, envelopes marked “WITHDRAWAL” shall be opened and read out and t he 
envelope with the corresponding Tender shall not be opened but returned t o the 
Tenderer. If the withdrawal envelope does not contain a copy of the “power of 
attorney” conﬁrming the signature as a person duly authorized to sign on behalf 
of the Tenderer, the corresponding Tender will be opened. No Tender withdrawal 
shall be permitted unless the corresponding withdrawal notice contains a valid 
authorization to request the withdrawal and is read out at the Tender opening.


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authorization to request the withdrawal and is read out at the Tender opening. 
   
  Next, envelopes marked “SUBSTI TUTION” shall  be opened and read out, and 
exchanged with the corresponding Tender being substituted, and the substituted 
Tender shall not be opened, but returned to the Tend erer. No Tender substitution 
shall be permitted unless the corresponding substituti on notice con tains a valid 
authorization to request the substitution and is read out at the Tender opening. 
 
  Next, envelopes marked “MODIFICATION” shall be opened and read  out with 
the corresponding Tender. No Tender modiﬁcation shall be permitted unle ss the 
corresponding m odiﬁcation notice contains a valid a uthorization to request the 
modiﬁcation and is read out at the Tender opening.


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modiﬁcation and is read out at the Tender opening. 
 
  Next, all remaining envelopes shall  be opened one at a time, reading out: the 
name of the Tenderer and whether there is a modiﬁcation; the total Tender Prices, 
per lot (contrac t) if applicable, including any discounts and alternative Tenders; 
the presence or absence of a Tender Security, if  required; and any other details as 
the Procuring Entity may consider appropriate. 
 
  Only Tenders, alternative Tenders, and discounts that are opened and read out at 
Tender opening shall be considered further for evaluation. The Form of Tender 
and pages of the Bills of Quantities are to be initialed by the members of the 
tender opening committee att ending the opening. The number of representatives


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tender opening committee att ending the opening. The number of representatives 
of the Procuring Entity to sign shall be speciﬁed in the TDS. 
 
  At a bid opening. The Procuring Entity shall neither discuss t he merits of any 
Tender nor reject any Tender (except for late Tenders, per ITT ).


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48 
  The details mentioned above shall be accurately recorded by th e Secretary of the 
Tenders Board or his delegate in the minutes of the bid opening S ection. 70, 
Finance Act 2020. 
   
  The bid opening exercise shall be carried out by the procurement d epartment of 
the procuring entity in the presence of the legal officer or other relevan t official 
of the entity and all those specified in the Act - Section 70 Finance Act  2020. 
 
-  Ensure that relevant pages of financial bids are endorsed by all bidders present to 
avoid substitution of documents. 
An electronic bid opening shall as much as is practicable mirror the provisions above for 
manual bid opening.  
 
Section 31 Public Procurement Act 2007 as amended  
 
Examination of Bids


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manual bid opening.  
 
Section 31 Public Procurement Act 2007 as amended  
 
Examination of Bids 
 44.1 All bids shall be first examined to determine if they –  
 
 - Meet the minimum eligibility requirements stipulated in the bidding documents; 
 
 - Have been duly signed; 
 
 - Are substantially responsive to the bidding documents; and 
 
 - Are generally, otherwise, in order. 
 
 
 44.2 A Procuring Entity may ask a supplier or a contractor for clarification of its bid 
submission to assist in the examination, evaluation, and comparison of bids.  
 
 44.3 The following shall not be sought, offered, or permitted –  
 
 - Changes in prices;  
 
 - Changes of substance in a bid; and  
 
 - Changes to make an unresponsive bid responsive.


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- Changes of substance in a bid; and  
 
 - Changes to make an unresponsive bid responsive. 
 
 44.4 Notwithstanding  the above, the Procuring Entity may correct purely 
arithmetical errors that are discovered during the examination of tenders.


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The bid price read out at bid opening shall be adj usted for any arithme tic errors, and 
adjustments shall be made for any quantif iable non-material deviations or reservations. 
Price adjustment provisions applying to the period of implementation of the contract shall 
not be taken into account in the evaluation. 
 
 44.5 The Procuring Entity shall give prompt notice of the correction to the supplier 
or contractor that submitted the tender. If the bidder does not agree with this notification,  
its bid shall be rejected. 
A major deviation shall result in a rejection of the bid while a  minor deviation shall be 
subject to clarification. The following shall be considered major deviations: 
 
Concerning clauses in an offer: 
 
 - Unacceptable sub-contracting;


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Concerning clauses in an offer: 
 
 - Unacceptable sub-contracting; 
 
 - Unacceptable schedule if time is of the essence; 
 
 - Unacceptable alternative design; and  
  
 - Unacceptable price adjustment. 
 
Concerning the status of the bidder    
 
 - The fact that he is ineligible or not pre-qualified; and  
 
 - The fact that he is uninvited. 
 
Concerning bid documents  
 
 - An unsigned bid;  
 
Concerning time, date, and location for submission  
 
 - Any bid received after the date and time for submission stipulated in the 
solicitation document; and 
 
 - Any bid submitted at the wrong location.  
 
 44.6 In cases of majo r deviations,  bids sh all not be considered any  further and, 
where unopened, shall be returned as such to the bidder. In all cases of rejection, a letter


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50 
stipulating the reasons for rejection shall be sent, and the bidder shall not be permitted to 
amend his bid to become compliant. 
 
 44.7 On the contrary, the following shall be considered as minor deviations: 
 
 - The use of codes;  
 
 - The difference in standards;  
 
 - The difference in materials;  
 
 - Alternative design;  
 
 - Alternative workmanship;  
 
 - Modified liquidated damages;   
 
 - Omission in minor items;  
 
 - Discovery of arithmetical errors;  
 
 - Sub-contracting that is unclear and questionable;  
 
 - Different methods of construction;  
 
 - Difference in final delivery date;  
 
 - Difference in delivery schedule;  
 
 - Completion period where these are not of the essence;  
 
 - Non-compliance with some technical local regulations;


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- Non-compliance with some technical local regulations; 
 
 - Payment terms; and 
 
 - Any other condition that has little impact on the bid.  
 
 44.8 In cases not mentioned above and where there e xists a doubt as to whether a 
particular condition in a bid is a major or a minor deviation, the following rules shall 
apply –


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51 
 
 - Where the impact on the costs is major, it shall be regarded as a major deviation; 
and  
 
 - Where the impact on the costs is minor, it shall be regarded as a minor deviation.  
 
 44.9 In  cases of minor deviations, written clarification may be obtained from the 
supplier or con tractor and, whe re applicable, an of fer made for the correction of the 
minor deviation. 
 
 44.10 Where  a su pplier o r contractor does not acc ept the  correction of a minor 
deviation, his bid shall be rejected. At the stage of evaluation and comparison, all mi nor 
deviations s hall be quantif ied i n monetary terms. For the rejection of a bid, a written 
notice shall be given promptly to the supplier.  
 
  
Section 26 Public Procurement Act 2007 as amended 
Bid Security


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notice shall be given promptly to the supplier.  
 
  
Section 26 Public Procurement Act 2007 as amended 
Bid Security 
 45.1 Subject to the monetary and prior review thresholds as may  from time to time 
be set by th e Bureau, all procurements valued in excess of the sums pres cribed by the 
Bureau shall require 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. 
 
 45.2 The Bureau shall from time to time specify the prin cipal terms a nd conditions 
of the required bid security in the tender documents.  
 
 45.3 When the Procuring Entity requires suppliers or contrac tors submitting tenders 
to provide bid security: 
 
 (a)  The requirement shall apply to each supplier or contractor;


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to provide bid security: 
 
 (a)  The requirement shall apply to each supplier or contractor; 
 
  (b)  The bid security shall be submitted in the same format attached in the Standard 
Bidding Documents or otherwise be rejected by the Procuring Entity; 
 
 (c)  Notwithstanding paragraph ( b), a tender security shall not be reje cted by the 
Procuring Entity because the tender security was not issued by an issuer in th e 
country, if the tender security and the issuer othe rwise conform to requirements 
and format prescribed in the bidding documents and is acceptable to the 
Procuring Entity;


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52 
 (d) A supplier or contr actor may request the Procuring Entity  to confirm the 
acceptability of a pr oposed issuer or a propose d confirmer of a tender security 
before submitting a tender and the Procuring Entity  shall respond  promptly to 
the request; 
 
 (e) Confirmation of the acceptability of a proposed issuer or a proposed confi rmer 
does not preclude the Procuring Entity from rejecting the tender security on the 
ground that the issuer or confirmer has beco me insolvent or is otherw ise not 
creditworthy.  
 
 45.4 Any requirement on bid sec urity that refers directly o r indirectly to conduct by  
the supplier or contractor submitting the bid may only relate to: 
 
 - Withdrawal or modification of the bid after the d eadline for submission of bids, or


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- Withdrawal or modification of the bid after the d eadline for submission of bids, or 
before the deadline stipulated in the tender documents or any extensions thereto; 
 
 -  Failure to sign the procurement contract if  required by the Procuring Entity to do 
so; 
 
 - Failure to provide required security for the per formance of the contract after the 
bid has been acce pted or to c omply with any other condition precedent to signing 
the procurement contract specified in the tender documents.  
 
 45.5 The Procuring Entity shall not make a claim to the amoun t of the bid security 
and shall promptly return or procure the retur n of the bid  security doc ument after 
whichever of the following occurs first: 
 
  (i)  The expiry of the tender security;


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whichever of the following occurs first: 
 
  (i)  The expiry of the tender security; 
 
 (ii)  The entry into force of a procurement contract and the prov ision of security for 
the performance of the contract, if the securi ty is requir ed by th e ten der 
documents; 
 
 (iii)  The termination of the procurement proceedings without the entry into force of 
a procurement contract; or 
 
 (iv)  The withdrawal of the bid before the deadline for the submission of bids. 
 
Bid Evaluation  
 46.1 Time Frame for Bid Evaluation & Extension of Bid Validity


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53 
 It is required to keep bids valid for a specific period to allow the Procuring Entity to 
examine and  evaluate them, select th e lowest evaluated responsive bid, and obtain the 
necessary approvals from different authorities. Thus, bid evaluation shall be undertaken 
expeditiously, leaving ample time to seek all the requisite formal approvals. Hence bids 
shall be evaluated within the period specified in the agreed schedule i.e., the Procurement 
Time Schedule. T o enable the Procuring Ent ity to award the contract wi thin such bid 
validity period after carrying out the other procedures, it is r equired that Technical 
Evaluation Committee should complete the evaluation report generally within 50 % of 
the bid validity period.


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Evaluation Committee should complete the evaluation report generally within 50 % of 
the bid validity period.  
 
 46.2 Wh ere there is a delay in bid evaluati on so that the above requirement is 
unlikely to be achieved, the Procuring Entity  with the concurrence of the respective 
Approval Authority shall request the bidders to extend the period of bi d validity of their 
bids. However, when such a r equest is made in the case of fixed-price bids, bidders have 
to choose between:  
 
(i) Refusing to grant an extension of bid validity of their bids: and 
 
(ii) Absorbing any cost increases that might occur during such  extensions (bidders are 
not allowed to increase their bid prices as a cond ition of extending the validity of their 
bids).


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not allowed to increase their bid prices as a cond ition of extending the validity of their 
bids). 
 
 46.3 Due to the above r eason a bidder who has submitted a low bid may refuse to 
extend their bid validity resulting in an additional cost to the Procuring Entity. Hence the 
extension of bid validity should be requested only under an exceptional situation.  
 
Bid Evaluation Stages 
 47.1 Regardless of how well the other s teps i n the procurement process are 
conducted, if bids are n ot evalu ated c orrectly and fairly, t he process will fail. 
Unfortunately, bid evaluation is the step that is mostly  manipulated if one wants  to favor 
a particular bidder. Therefore, it is required t hat Procurement Planning Committees and


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a particular bidder. Therefore, it is required t hat Procurement Planning Committees and 
Technical Evaluation Sub Committees are familiar with and understand how it should be 
done and know h ow to review and what to look for. Departures from the bidding 
documents are a common feature of the bids submit ted by  the bidders. A bid that 
complies fully with the requi rements of the bidding document may be an extremely rare 
instant. What is important is how critically the departur e will affect the outcome of the 
procurement. Hence during the bid evaluation, a substantially responsive concept is used 
rather than following fully responsive bids.


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54 
 47.2 Ther efore main objective of bid evaluation is to det ermine the bid that will 
result in the lowest evaluated  cost to be incurred by the Procuring Ent ity (PE) in 
accepting the bid, among the substantially respo nsive bi ds received from qualifi ed 
bidders. All criteria to be used in the bid evaluation and the me thod of their application 
must be speci fied in the bidding documents. The bidding document must contain a 
statement on how the Procuring Entity  proposes to e valuate the bids received. This  
statement must include: 
 
 (a) A listing of the factors other than the price which it proposes to consider; and 
 
 (b) An explanation of  the method to be used in applying the evaluation fact ors.


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(b) An explanation of  the method to be used in applying the evaluation fact ors. 
(Both for those factors suscept ible to monetary adjustment and  those to whi ch 
other criteria must be applied). 
 
 47.3 The lack of clarity in statements on bid evaluation, or an incomplete sta tement, 
will leave bidders in doubt about the treatment of their bids by the Procuring Entity and 
has frequently been a cause o f uncertainty  and disagreeme nt during the evaluation of 
bids. All th e criteria specified must be applied to th e extent necessary and in a manner 
following the bidding documents. Evalua tion factors not specified in the bidding 
document should not be used in  bid evaluation. No information relating to bid evaluation


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document should not be used in  bid evaluation. No information relating to bid evaluation 
shall be communicated, after the bid opening, to the bidders or any other person unless 
they are officially involved in the p rocess until after the contract award recommendat ion 
is officially notified to the successful bidder. No information can be communicated to any 
bidder at any st age ot her than at a debriefing requested by a bidder, where only the  
reasons for not selecting the bidder as the successful bidder is discussed. 
 
 47.4 The  basic sequence for  bid ev aluation is the sa me for goods and works, and 
consists of the following steps: 
 
 (a) Preliminary examination of bids; 
 
 (b) Detailed evaluation and comparison of bids; 
 
 (c) Post qualification verification; and


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(b) Detailed evaluation and comparison of bids; 
 
 (c) Post qualification verification; and 
 
 (d) Wri ting bid evaluation rep ort in accord ance with BP P issued bid evaluation 
report template.


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55 
Preliminary Bid Examination 
 48.1 All the bids received before the scheduled closing time should be considered 
for preliminary bid examination . The purpose of this examination is  to eliminate any bid 
from further and more compl icated consideration if it do es not meet the mini mum 
standards of acceptability as set out in the bidding documents and therefore not 
substantially responsive. However, th e Procuring Entity  should exercise reasonable  
judgment in applying these tests and sh ould avoid re jecting bids on trivial p rocedural 
grounds. E.g., if the bidding documents stipulated that each page of the bid should be 
signed or initialed and a bidder failed to initial one or more pages of supportin g


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signed or initialed and a bidder failed to initial one or more pages of supportin g 
information, this should not be a ground for b id disqualification. These can be rectified 
through the clarification process without giving any benefit to the bidder and without 
prejudice to the in terest of other bidders. Suc h discrepancies should be note d, however, 
and decisions about their acceptance or rejection should be recorded in the bid evaluation 
report. 
 
 48.2 The  preliminary examination of bids determines whether the bids meet the  
general procedural requirements of the bidding documents, in part icular, the compliance 
with the following requirements should be exa mined using the bidding documents as the 
reference point: 
 
Stage 1: To ascertain whether the:


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reference point: 
 
Stage 1: To ascertain whether the: 
 
 The bidder is eligible - Example: 
 
(a) The bidder shall not be blacklisted; 
(b)  In the case of goods, works, and consultancy contracts the do mestic bidder 
should have required CAC registration; Tax Clearance Certificate, Have NSITF 
and PENCOM compliance certification where applicable and Industrial Training 
Fund (ITF) contributions if specified in the Tender Documents. 
     (c) For foreign-funded projects, if so, specified by the funding agency: 
 
 (i) In the case of works contracts, the bidder may be from the member country of 
the funding agency; and 
 
 (ii) In the case of goods contracts the goods may be manufactured in one o f the 
member countries of the funding agency.


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member countries of the funding agency. 
 
 (d)  Bid is signed properly by an authorized party, including the power of attorney if 
stipulated and generally in order;


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56 
 (e)  Bid securities submitted are in an acceptable format , for the required amount 
and duration; 
 (f)  Bid is containing all requir ed critical documents including support ing evidence 
of bidder eligibility and qualifications; 
 
 (g)  Bid is complete and quotes for all items in the lot or packages if so, stipulated in 
the bidding document. 
 
Stage 2: To ascertain the deviations from the p rovisions of bidding documents and 
categorize such d eviations in to major or minor deviations. Also, to identify deviations 
(debatable deviations) which may be categorized as either minor or major devi ations 
depending upon the requirements of the specific p rovisions in the bidding document, the 
criticality o f the deviat ion, the value of the contract in comparison to the value of the


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criticality o f the deviat ion, the value of the contract in comparison to the value of the 
deviation and the judgment of the Technical Evaluat ion Com mittee. The p urpose is to 
identify substantially responsive Bids to subject such Bids for detailed bid evaluation. 
 
 48.3 Deviation  from any provisions of the bidding documents (instruction to 
bidders, Bid Form, price schedu les, Bills of Quantities, c ondition of contracts, technical 
specifications, etc.) is a common feature  in many Bids. These deviations f all in to two 
basic categories, Major deviations by the bidder result in a finding of “ -non-
responsiveness” and co nsequent rejection of the b id. Bids with minor deviations, on the 
other hand, are considered “substantially re sponsive” and are, therefo re, evaluated and


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other hand, are considered “substantially re sponsive” and are, therefo re, evaluated and 
considered for contract award by determining any financial value of each deviation and 
adding to th e bid pr ice. The sum of the  bid price and th e total of ad justments made for 
deviations and other evaluation facto rs specified in the biddin g do cuments is the 
“evaluated bid price”. The question is to determine which deviations are to be classified 
as “major” and which as “minor”. In the absence of a clearly defined distinction between 
major and minor deviations , there is room for different in terpretations. To facilitate the 
categorization of deviations the following approach may be used. 
 
 A major deviation would be one which either: 
 
 (a) Affects the validity of the bid; or


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A major deviation would be one which either: 
 
 (a) Affects the validity of the bid; or 
 
 (b) Has been specified in the bidding documents as grounds for rejection of the bid; 
or 
 
 (c) Has an effect substantially on the scope, quality, fun ctionality, or performance; 
or


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57 
 (d) Will limit in any substantial way the Procuring Entity ’s rights or bidder 's 
obligations or 
 
 (e) Is a deviation from the terms or the  technical specifications in the bidding 
documents whose effect on the  bid pri ce is substantial but cannot  be given a 
monetary value?  
A minor deviation would be one which either: 
 
 (a) Does not affect the validity of the bid; or  
 
 (b) Has no effect substantially on the scope, quality,  functionality, or performance; 
or  
 
 (c)  Has no effect on the price, quality , or delivery of the goods or servic es offered; 
or 
 
 (d) Will not limi t in any substantial way the Procuring Entity ’s rights o r bidder's 
obligations: or  
 
 (e) h as a such ef fect b ut the dif ference from the commercial terms or technical


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obligations: or  
 
 (e) h as a such ef fect b ut the dif ference from the commercial terms or technical 
specifications in the bidding d ocuments is such that it can be given a moneta ry 
value; or  
 
 (f) Has not been specified in the bidding documents a s grounds for rejection of the 
bid, provided t hat th e total amo unt of adjustments for such deviations do  not 
exceed a previously determined percentage of the bid price. 
 
 48.4 Ways of treating most frequent deviations: 
 
(a) General: In establishing the substantial responsiveness of bids, a specific clause in the 
ICB take precedence over general clauses; for example, if the bidding documents 
required bids to be submitted for all items and stated that incomplete bids will be


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required bids to be submitted for all items and stated that incomplete bids will be 
rejected, the Procuring Entity should not propose to base the award by accepting 
an incomplete bid , based on a clause in the bidding d ocuments in which it 
reserved the right to waive irregularities in bids. 
 
(b) Completeness of Bids: If the Procuring Entity  intends to reject in complete bid s, i t 
shall be clearly stated in the bidding documents. If Procuring Entity intends to 
consider incomplete bids, the bidding document shall specify the minimum 
number of items for which p rices must be  quoted in  the bid  or the m inimum


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58 
value of th e items to be quoted. Bidding documents should also state how 
incomplete bids meeting the minimum requi rements will be evaluated. In such 
cases, incomplete bids would have to be adjusted (loaded) fo r missing ite ms to 
make the bi ds comparable. If Procuring Entity can estimate the actual cost that 
will be incurred in p rocuring the missing item s, that cost should be added 
(loaded) to the bid for purpose of comparison. If such an estimate is not 
available, standard practice is to apply the highest price quoted by other bi dders 
for adjustment (loading) purposes . Items for  which no bids were recei ved may 
be ignored in the comparison. If the bidding documents do not indicate whether


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be ignored in the comparison. If the bidding documents do not indicate whether 
incomplete bids will be a ccepted or rejected, the question of whether such bids 
are “substantially responsive” must be decided during bid evaluation. 
 
(c) Procedural Deviations in S ubmission of Bids: Most deviations in the submission of 
bids (such as the marking of envelopes and  sealing of bids) othe r than  the 
signature to the form of the bid is normally considered minor. The absence of a 
signature on the f orm of a bid and similar deviations are considered major 
deviations. 
 
(d) Bid Security: If the bidders are require d to furnish a bid security with his bid, failure 
to submit it in the prescribed f ormat is considered  a major d eviation and


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to submit it in the prescribed f ormat is considered  a major d eviation and 
sufficient grounds for rejection. The submission of bid security after the bids are 
opened should be treated in the same manner a s not su bmitting bid security. If 
the amount of the bid security submitted is less than the amount stated in the bid, 
it shall be rejecte d. Similarly, if the period of the bid security submitted is less 
than the period stated the bid shall be rejected. If the form of the bid security is 
in a different format from that prescribed in the bid ding documents,  the bid 
should be rejected. 
 
(e) Lack of S upporting Documents: The bidding documents should specify what 
documentary evidence is required to support t he bid. In additio n, they should


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documentary evidence is required to support t he bid. In additio n, they should 
specify whether a bidder’s failure to submit any of the r equested documentation 
with the bid will be consi dered grounds for rejection of the bid. If so, specified 
the evaluation should be carried out accordingly. Otherwis e, it may be treated as 
follows: 
 
There are two kinds of documentation that may be required to be submitted with bids. 
 
These must be treated differently, depending on their purpose.


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59 
 (i) One kind is intended to substantiate the legitimacy of the bid (i.e., that the bid is 
not “speculative”, “exploratory”, “frivolous” or “wait - and –see”, and/or  the 
source and reliability of the equipment offered; 
 
 (ii) The other is to provide additional details on the technical part of the bid ( e.g., 
brochures describing the equipment offered. 
 
 48.5 Lack  of documentation of the first kind is normally considere d a  major 
deviation and, grounds for re jection of the bid. A l ack of the second kind of 
documentation is usually considered a minor deviation that can be remedied by 
subsequent s ubmissions. However, for procurement of information systems , 
kindly follow the  detailed prescriptions on required manuals, brochures  and


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kindly follow the  detailed prescriptions on required manuals, brochures  and 
other supporting documents prescribed in the tender documents. 
 
(f) Fixed Price against Variable Price: When bids are required a t a firm pric e, the 
proposal in bids to apply an escalation clause to  the bid price should be regarded 
as a major deviation and the bid should be rejected. 
 
(g) Technical Specifications: The variety of possible devi ations from technical 
specifications is infinite, making it impossible to discuss all such deviation s in a 
manual. The basic principles governing the treatment of technical deviations can, 
however, be stated. First, the bidding documents should indicate th ose parts of 
the technical specifications that the Procuring Entity considers so important that


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the technical specifications that the Procuring Entity considers so important that 
deviations from them will not be accepted. If the Procuring Entity is willing to 
accept deviations on technical specificat ions n ot designated as major in the 
bidding documents, a decision m ust be made whether the Procuring Entity  is 
prepared to: 
 
 (i) Accept such deviations proposed by a bidder, not only to evaluate the bid; and 
 
 (ii) Consider as a contractual obligation if  the bid is accepted f or the contract 
award. 
 
 If the deviation is acceptable, t he monetary v alue of the minor deviation should be 
determined and loaded into the bid price. If on the other hand, the deviation offered is not 
acceptable for an eventual co ntract, the deviation sho uld be classified as major, and the


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acceptable for an eventual co ntract, the deviation sho uld be classified as major, and the 
bid rejected. 
 
(h)  Subcontracting: The bidding document for the works contract sh ould ind icate to 
what extent subcontracting is permitted and whether the  proposed subcontractor


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60 
has to be named in  the bid. Any bid not com plying with this stated requirement 
may be considered -non-responsive and grounds for rejection. If the biddin g 
document did n ot contain any state ment regarding the permissible exten t of 
subcontracting, the Procuring Entity should review the extent of subcontracting 
of major works by the bidder and if found as e xcess to affect the main 
responsibilities of the bidder, the bid may be considered as -non-responsive. 
 
(i) Alternative Bids: Submission of a bid b ased on an entirely diffe rent design, where 
such had not been permitted is considered a major deviation. 
 
(j) Delivery Period: If goods are  offered outside the delivery period  or in the case of


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(j) Delivery Period: If goods are  offered outside the delivery period  or in the case of 
works contract unacceptable time phasing, not conforming to specified key dates 
or program is considered as a major deviation. 
 
(k) Conditional bids: Bids that are offered  with conditions such as the prior sale of the 
equipment offered, and availability of the material in the market are considered -
non-responsive. 
 
 48.6 Debatable Deviations: 
 There may be some deviations that do not appear to consider at first sight a major 
departure but at the same time cannot be conside red as a minor depa rture either. In some 
cases, it may be considered major whereas in some other cas es it may be considered 
minor. However, if it is specifically mentioned in the bidding document such devia tions


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minor. However, if it is specifically mentioned in the bidding document such devia tions 
are the reason for a rejection or the applicable procurement gu ideline does not allow for 
acceptance of such departures, then the bid shou ld be rejected. Otherwise , the Procuring 
Entity may consider such deviation as minor, and the bid may be considered for furth er 
evaluation.  
 48.7 In  such a situation the bid  evaluation report should contain a statem ent, 
justifying consideri ng such departures as minor deviation s. Some of the examples of 
debatable deviations are as follows: 
 
 (a) Requesting different amounts of the advance and other payment terms (including 
liquidated damages and retention): If suc h proposals are accepted the additional


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liquidated damages and retention): If suc h proposals are accepted the additional 
cost that will be incurred by the Procuring Entity  should be loaded to the bid 
price for evaluation; In the case of advances and payment stages the ad ditional 
cost may be the respective  interests and in the case of liquidate d damages and 
retention it may be the maximum amounts specified in the bidding documents for 
liquidated damages and retention respectively.


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61 
 (b) Proposed changes in the construction period which is not critical: Similarly, if 
such proposals are accepted th e additional cost (may include additional rentals, 
supervision cost, effects to liquidated damages) that will be incu rred by the 
Procuring Entity should be loaded to the bid price for evaluation.  
 
 (c) Omissions of  minor works or items inc luded in the scope of work; if such 
omissions are acceptable there cannot be any effect on the balance works or items 
if the omitted items or works are procured differently. 
 
General Principles of Detailed Bid Evaluation and Comparison of Bids 
 49.1 The  main objective of detailed bid evaluation is to determine the cost that 
Procuring Entity  will incur if the c ontract is awarded to each o f the bid s which were


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Procuring Entity  will incur if the c ontract is awarded to each o f the bid s which were 
determined as a substantially responsive bid. Therefore, only the bids that have been 
determined to be substantially responsive to the bidding documents, i.e., do not contain 
material deviation, s hould be considered for detailed eva luation. Out of the three stage s 
of bid evaluation described in this manua l only during this stage , the bids are compared 
with each other. The purpose of the comparison is to determine the lowest evaluated cost 
that will  be incu rred by the Procuring Entity  from the substantia lly re sponsive bids 
received. The lowest e valuated bid may or may not necessarily be the lowest quoted bid.


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received. The lowest e valuated bid may or may not necessarily be the lowest quoted bid. 
To determine  the lowest evaluated bid the Procuring Entity  should only use the 
evaluation criteria disclosed in the biddin g docu ment. No additional evaluation criteria 
other than those which were disclosed in the Advertisement or bidding documents should 
be used during the evaluation. A systematic and log ical seq uence as described in this 
manual should be followed during the detailed evaluation and comparison of bids, 
 
 49.2 Detailed Bid Evaluation – Principles and Methodologies 
 
 It is again emphasized that Procuring Entity should only use  the evaluation criteria 
disclosed in the bidding document. The most frequently used evaluation criteria are given


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disclosed in the bidding document. The most frequently used evaluation criteria are given 
below. The  Procuring En tity may use other appropriate  criteria for a particular  
procurement and disclose such factors to gether with the evaluation methodolo gy in the 
bidding document: 
 
 - Exclude VAT, contingencies, and provisional sum amounts; 
 
 - Correction of arithmetical errors; 
 
 - Application of applicable discount; 
 
 - Adjustment to bid prices for omissions;


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62 
 
 - Adjustments for acceptable departures; 
 
 - Adjustments for the delivery period; 
 
 - Adjustments for inland transportation; 
 
 - Operational costs and life cycle costing; 
 
 - Conversion to common currency; 
 
 - Domestic preference; 
 
 - Reassess ranking order; 
 
 - Examine for unbalanced bidding; 
 
 - After-sales services; 
 
 - Clarifications during evaluation; 
 
 - Alternate Bids 
 
 (a) Exclude VAT, contingencies, and provisional sum amounts: 
 
 Before commencin g the evaluation o f bids under other steps the VAT and the 
amounts stated as provisional su m and contingencies should be exclud ed fro m the bid 
prices.  
 
 (b) Correction of arithmetical errors: 
 
 Bids shoul d be checked carefully for arithmetical errors in the b id to ensure t he


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Bids shoul d be checked carefully for arithmetical errors in the b id to ensure t he 
stated quantities and prices are c onsistent. The quantities should be the same as that 
stated in the bidd ing documents. The total bid price should b e the total of all line i tems. 
The line-item total should be the product of quantity and unit rate quoted or, when a lump 
sum is quoted , the l ump sum amount. If there is a discre pancy a correction has to be 
made and the  corrected price as describe d below i s considered the bid p rice. After th e 
correction of arithmetical errors , the Procuring Entity  should noti fy, in writing, ea ch 
bidder of the detailed changes. A bidder shall agree to such arithmetical corrections made


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63 
to his bid. If t he bidder refuses to acce pt the corrections, its bid shall be rejected, and 
action is taken against the bid security submitted. 
 
 The correction of arithmetical errors should be made as follows: 
 
 (i) Where there i s a di screpancy between the amounts in figu res and words, the 
amount in words will prevail; 
 
 (ii) wh ere there is a discrepancy between the unit rate and t he line-item total 
resulting from m ultiplying the unit rate by the quantity, the unit rate as quot ed 
will govern, unless in the opinion of th e Procuring Entity that there is a  gross 
misplacement of the decimal point in the unit rate, in which c ase the line-item 
total as quoted will govern and the unit rate will be corrected; and


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total as quoted will govern and the unit rate will be corrected; and  
 
 (iii) If the bid price changes by t he above procedure, the a mount stated in the Form 
of Bid shall be adjusted with the concu rrence of the  bidder and shall be 
considered binding upon the bidder. 
 
 If a bid price  of any bid is adjusted as above , the Financial Evaluation Committee 
(FEC) shall give a detailed report explaining where and how such adjustments were made 
rather than me rely saying t he bid price was adjusted due to arit hmetical error by a n 
amount equal to ……. 
 
 (c) Application of applicable discount; 
 
 Discounts offered by the bidders before closing of bids which are valid for the entire 
bid validity period should be cons idered for ev aluation. If conditiona l dis counts a re


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bid validity period should be cons idered for ev aluation. If conditiona l dis counts a re 
offered which wil l create  more than one bid price within the  bid v alidity period, such 
discounts should be ignored for evaluation. These discounts should be considered in the 
manner the bidder has offered them: 
 
 (i) If discounts are offered to limited items they should apply to such items; 
 
 (ii) If the discount offered is to  the total bid price as a  percentage it should apply to 
all the items at the percentage discount offered, excluding contingencies an d 
provisional sum items; 
 
 (iii) If the discount offered is to t he total bid price as a lump sum, such lump  sum 
amount should be considered for evaluation and before the award of the contract,


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64 
such lump sum amount shall be uniformly distributed to a ll the items, excluding 
for contingencies and provisional sums. 
 
   (d) Adjustment to bid prices for omissions; 
 
 In many cases, bidders wi ll present their bids without quoting for certain items, 
accidentally or deliberately. Regardless of the reason , such omissions shoul d be  
quantified in m onetary terms whenever possible, to  permit direct comparison with other 
bids, provided such omissions w ere considered minor deviations during the preliminary 
examination of bids. 
 
 Generally, for works contracts, instr uctions to bidders will include clau ses, if a 
bidder fails to quote for  any item in bills of quantities the bidder  will not be paid by the


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bidder fails to quote for  any item in bills of quantities the bidder  will not be paid by the 
Procuring Entity for such items when executed and shall be deemed covered by the rates 
of other items  and prices in the bills of quantities. In that case , no further adjust ment is 
needed during t he bid evaluation. I f such provision is not i ncluded, in the case of 
omission of one or more items from the bid, rather than rejecting the bid entirely and if it 
is already considered as substantially responsive during the preliminar y examination, the 
bid price should be load ed for comparison purposes. To that effect , surrogate prices for 
these items may be obtained from printed price lists if available or the highest of the other 
bids for the corresponding items should be used.


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bids for the corresponding items should be used.  
 
 (e) Adjustments for acceptable departures; 
 
 In many cases, bidder s will present their bids that deviate from bidding document 
requirements, accidentally or deliberately. Regardless o f the re ason, such deviations  
should be qu antified in mone tary terms wh enever possible, to permit fair comparison 
with other bids, provided  such deviations were considered minor deviations during the 
preliminary examination of bids. The most common deviations in bids are possible due to 
different commercial terms offered; i.e., for amounts of advances,  changes in p ayment 
schedules, etc. Th ese can usually be adjusted by applying an appropriate discount rate


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schedules, etc. Th ese can usually be adjusted by applying an appropriate discount rate 
(preferably disclosed in the bidding documents) and converting them to their equ ivalent 
present values. Another form of  bid d eviation is to offer a h igher capacit y or standard 
performance than is specified in the bidding document: i.e., a larger engine capacity, 
greater carrying capacity or storage, etc. No additional advantage should be given to such 
offers unless the bid  document specifically provide s for this an d set out how the 
difference will be evaluated. 
 
 (f) Adjustments for delivery periods;


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65 
 In many cases, bidders will present their bids where  the del ivery periods deviate 
from b idding document requirements, accid entally or deliberately Regard less of the 
reason, such deviations sh ould be quantified in mone tary terms whenever possible, to 
permit fair comparison with other bids, provided such devi ations w ere considered as 
minor deviations during the preliminary exami nation of bids. The adjustment s to the bid 
prices should be done in the manner described in the bidding documents. Generally , no 
advantage is given to a bid offering early delivery than  that sp ecified in the bidding 
document. Any bid offering a delivery be yond a finally acceptable cutoff date specified 
in the bidding documents should be rejected as a non-responsive bid.


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in the bidding documents should be rejected as a non-responsive bid. 
 
 
 (g)  Adjustments for inland transportation; 
 
 For works contracts, no adjustments for inland tran sportation are needed. However, 
for supply contracts, an adjustment may be needed if the price offered is based on FOB or 
CIF basis for goods to be imported and suppl ied and Ex-works basis for goods already 
imported or tha t will be supplied within th e country, and the bidders were no t requested 
to include such inland transportation costs within the bid price. 
 
 (h) Operational costs and life cycle costing; 
 
 Life cycle cost is the assessment of the initial acquisit ion cost  plus the follow -on 
ownership cost to determine the total cost during the life of a plant or equipment. In the


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ownership cost to determine the total cost during the life of a plant or equipment. In the 
procurement of equipment in which the follow -on cost of operation and maintenance are 
substantial, a minor difference in the initial purc hase price between two competing bid s 
can e asily be over come by the dif ference in follow -on cost. In these cases , it is most 
appropriate fo r the Procuring Entity  to evaluate bids based on life cycle cost. The 
following elemen ts (but not limited) would generally  comprise a typical life cycle 
assessment: 
 
 - Initial purchase price; 
 
 - Adjustments for extras, options, delivery, variations, and deviations; 
 
 - Estimated operational costs (fuel, labor, etc.); 
 
 - Estimated cost of spare parts and other consumables;


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- Estimated operational costs (fuel, labor, etc.); 
 
 - Estimated cost of spare parts and other consumables; 
 
 - Efficiency and productivity;


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66 
 - Depreciation cost. 
 
 The follow -on cost s uch as fuel, spare parts,  maintenance cost s, and depreciation 
costs should be discounted to net present value. 
 
 (i)  Conversion to common currency; 
 
 To minimize the f oreign exchange risk for bidders in  certain proc urement 
(especially in ICB pro cedures) the bidders are allowed to bid  in foreign currencies. This 
results in bids being presented in a wide variety of currencies which must  be converted to 
a single common cur rency, generally to Nigerian Naira.  These conversions are mad e 
using the prevailing selling rates established for similar transactions by the Central Bank 
of Nigeria on the specified date. In works contracts mostly used method is to specify that


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of Nigeria on the specified date. In works contracts mostly used method is to specify that 
all the bi dders should price the bid in Naira  and to specify the percentages in differen t 
currencies. In some works, contracts and supply contracts it is customary that the bidders 
are allowed to quote proportions in different currencies for the same item.  
 
(j) Domestic preference (applicable under the International Competitive Bidding only); 
 
 In the case of goo ds or works contr acts, when procurement is carried out using 
public funds where foreign bidders are allowed to partic ipate in bidding the applicable 
domestic preference clauses shall be in cluded in the bi dding documen t. In the case  of 
goods contracts, if t he goods required are manufactured in Nigeria the applicable


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goods contracts, if t he goods required are manufactured in Nigeria the applicable 
domestic preference clauses shall be included in the bid ding document. When applying 
domestic preference, the following guidance should be used: 
 
Goods: 
 
 - The applicatio n of the applicable prefe rence should be used only if it was 
disclosed in the bidding documents; 
 
 - The goods being procured are “manufacture d goods”  involving assembly, 
fabrication, processing , etc., where a com mercially recog nized final p roduct is 
substantially different from the basic charact eristics of its components and raw 
materials; 
 
 - The goods qualified for domestic preference are ide ntical o r comparable to 
requirements given in the bidding documents concerning quality, capacity , and 
performance;


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 - Satisfying the minimum domestic values as specified in the bidding documents; 
 
 - The margin of price is added to the bid price of the foreign product rather than 
subtracted from the domestic product. 
 
Works: 
 
 - The applic ation of the applicable pr eference should be used only if it was 
disclosed in the bidding documents; 
 
 - Satisfying the minimum domestic values as specified in the bidding documents; 
 
 - The margin of price is adde d to t he bid price of foreign bidders rath er t han 
subtracted from the domestic bids. 
 
 (k) Comparison with engineer's estimate in the case of works contracts; 
 
 A bid should  not be rejected solely because the bid price exceeds some 
predetermined m argin of the engineer 's estimate; nor  should they b e rejected solely


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predetermined m argin of the engineer 's estimate; nor  should they b e rejected solely 
because they are substantially lower than such esti mates. The measure of acceptability 
should rather be the “reasonableness” of  a bid price as determined during t he evaluation. 
The reasonableness may be es tablished by considerin g all fact ors such as m arket 
conditions, special terms specified in the bidding  documents, prices of similar items 
procured in the recent past , and any other relevant factors. If great diffe rences between 
the bid price and the engineer’s estimate are found, the reasons for the d iscrepancy must 
be analyzed. 
 
 - Review the engineer's e stimate to discover whether any unusual provisions are 
included which may have affected the prices;


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included which may have affected the prices; 
 
 - Analyze current market conditions to discover whet her they would tend to 
increase or decrease the bid prices; 
 
  If these reviews would account for the discrepancy three alternative conclusion s 
may be reached.  
 
 - Bid is reasonable under given circumstances and should be accepted; 
 
 - If the bid prices a re marginally low the bid der shall be requested to prove to the 
satisfaction of the Procuring Entity , how the bidder intends t o procur e such


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68 
items/perform the Wor ks/provide the Services as per the quoted rates, for such 
purposes the bidder may be asked to provide a  rate analysis; If the Procuring 
Entity is of the view that the justification/explanation pro vided by the bid der is 
unacceptable, and hen ce the bidder would fail in the per formance of his 
obligations within the quoted rates, higher performance security may be requested 
to mitigat e such risks;  If the bidder refuses to provide such additional 
performance security, his Bid shall be rejected. 
 
 - Aspect of bidding documents are suspected to be the likely cause; all bids may be 
rejected and initiate re-bidding with modified bidding documents. Rejection of all 
bids requires the prior approval of BPP.


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bids requires the prior approval of BPP. 
 
Section 29 Public Procurement Act 2007 as amended 
Extension of Tender Validity 
 50.1 Bidders are required to keep their offers valid for a specified period to allow the 
Procuring Entity to examine and e valuate offers, select the lowest evaluated responsive 
tender, obtain the necessary approvals from the competent authorities, and also obtain no 
objection from the Bureau  (prior review items)  for the proposed award of the contract. 
Tenders should thus remain valid for the period stated in tender  documents. A tender that 
is valid for a shorter period than required by the tenderi ng documents should be rejected 
by the Procuring Entity as non-responsive.


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by the Procuring Entity as non-responsive.  
 
 50.2 Where there is a delay in tender eva luation, the Procuring Entity may request 
bidders to extend the period  of validity of their tenders. Bidders may refuse to grant any 
extension of validity of their tenders w ithout losing their Bid security if any. Bidders are 
not allowed to increase their prices as a  condition of extendin g the va lidity of their 
tenders unless the tendering documents provide for aa price adjustment. 
 
Bid Evaluation Report 
 51.1 After the completion of the evaluation process the Procuring Entity should 
prepare a bid evaluation report setting out the process of evaluation. The Procuring Entity 
shall use standa rd forms  available for the purpos e. This report covers among st other 
things:


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shall use standa rd forms  available for the purpos e. This report covers among st other 
things: 
 
 - Key dates and steps in the bidding process (copy of the invitation to  bid as 
advertised attached); 
 
 - Bid opening information (copy of the bid opening minutes should be attached);


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 - For all bidders: Table showing the bidders ' compliance with major commercial 
conditions (e.g., completeness, bid security. Bid validity, deli very or completion 
period. Payment terms); 
          
 - For all bidder s: Tab le showing bidder’s complianc e with key provisi ons of the 
technical specifications (e.g., capacity, operating characteristics, etc.);  
            For some procurement; Table showing the eligibility o f bidders offered goods or 
services as different from eligibility of tenderer. 
 
 - For all substantially responsive bids: Table showing arithmetical errors, discounts, 
and currency conversion; 
 
 - For all substantial ly responsive bids: Table showing  additions and adjus tments 
(indicating methods used in computing the adjustments);


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(indicating methods used in computing the adjustments); 
 
 - For all substantially responsive bids: Table showing currency conversion; 
 
 - For all substantially responsive bids: Table showing domestic preference; 
 
 - For all subst antially responsive bids: Table showing various steps fro m bid price 
announced to evaluated bid price); 
 
 - Record of clarifications made from all bidders; 
 
 - For lowest evaluated responsive bidder: Post qualification verification; 
 
 - Names of bidders rejected and reasons for rejection; 
 - The proposed contract award recommendation; 
 
 51.2 In addition, the evaluation report should include a narrative section in which 
any information not suitable for presentation is in the form of tables, together with an y


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any information not suitable for presentation is in the form of tables, together with an y 
supplementary infor mation necessary for a complete unde rstanding of all the factors 
considered during bid evaluation. 
 
Acceptance of Bids; Section 33 Public Procurement Act2007 as amended. 
 52.1 The successful bid shall be that submitted by the lowest cost bidde r from the 
bidders responsive a s to the bid solicitation but need not necessarily be the lowest cost  
bidder provided the Procuring Entity can show good grounds for its award decision.


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70 
 52.2 Notice of the acceptance of the bid shall immediately be given to the successful 
bidder after due consideration  and approval by the Procuring Entity’s Tenders Board or 
the BPP (for prior review items). 
 
The decisions  of a ll Tender's Boards shall be confirmed respectivel y by the political 
heads of the procuring entities,  provided that the political heads are not the Chairmen of 
the Tender’s Board. -  Section 66 of the Finance Act, 2020 
 
 52.3 Notwithstanding the above, where the proc urement proceeding is concerning a 
value threshold for which approval should be sought fro m either the  Minister, The BPP 
or Federal Executive Council, notice given to a successful bidder s hall serve for


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or Federal Executive Council, notice given to a successful bidder s hall serve for 
notification purposes only and shall not howsoever be cons trued as a procurement award 
until after all such approvals have been obtained.  
 
 52.4 Where the procurement proceeding is concerning a value threshold for which 
the T enders Board is t he approving authority, then  subject to the fulfillment by the 
successful bidder of any special conditions expressed in the bid solicitation document and 
the execution o f the procurement contract, the notice shall serve as notice o f a 
procurement award. 
 
Contract Performance Guara ntee; Section 36  Public Procurement Act 
2007 as amended. 
 53.1 The provision of a Performance Guarantee shall be a precondition for the award


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2007 as amended. 
 53.1 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 amou nt 
equivalent to the mobilization fee re quested by the supplier or contractor – whichever is 
higher.   
 
Award and Signing of the Contract 
 54.1 Before contract awar d, the Procuring Entity  shall ensure that budgetary 
provision is confirmed to meet the co st of the contract. Therea fter, the Letter of 
Acceptance shall b e issued within t he validity p eriod of the bid, and no sooner the final 
decision of con tract award is completed. This Letter of acce ptance should be free from 
any new conditions.


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decision of con tract award is completed. This Letter of acce ptance should be free from 
any new conditions.  
 
 54.2 This should essentially state the sum that will be paid to the contra ctor by the 
Employer in consideration of the execution and completion of constr uction as prescribed 
in the contract. The issuance of  this letter constitutes the formation of the contract. The 
Letter of Acceptance should be sent to the successful bidder onl y after the evaluation of 
Bids and after obtaining approval from the relevant authorities.


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71 
 
 54.3 Once the Procuring Entity has evaluated the tenders and decided on the lowest 
evaluated responsive tender, and a decision  has b een made about the award, the 
Procuring Entity should: 
 
 • Request and obtain the Bureau’s “no -objection” before awarding the contract, if 
applicable; 
 
 • Not negotiate the award w ith the successful bidder without approval fro m 
relevant authorities; 
 
 • Not require the selected tenderer to provide perf ormance above that specified in 
the Tendering Documents; 
 
 • Send notification of the award, and a contract form to t he successful tenderer in a 
manner and within the time specified in the tendering documents; 
 
 • Request the tenderer to return the sig ned contract toge ther with the required


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• Request the tenderer to return the sig ned contract toge ther with the required 
performance security within the time specified in the tendering documents; and 
 
 • Notify unsuccessful tenders as soon as possible after receiving the signed contract 
and the performance security from the successful bidder. 
 
 54.4 If  the successful tender fails  to retu rn the signed contract or provide the 
required performance security, the Procuring Entity may: 
 
 • Require the forfeiture of the tenderer’s Tender Security; and 
 
 • Proceed to offer the contra ct to the second lowest evaluated responsive Tenderer, 
provided that he is capable of performing satisfactorily. 
 
Execution of Contract Agreement 
 55.  Following the acceptance of a bid sub mitted by a bidder, a formal letter of


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Execution of Contract Agreement 
 55.  Following the acceptance of a bid sub mitted by a bidder, a formal letter of 
acceptance shall be issued for thwith to the successful tenderer by the Procuring Entity. 
This shall be followed by the execution of a formal contract. 
 
Upon a ward of the contract and before the expiry of the Tender Validity Period the 
Procuring Entity shall issue a Notiﬁcation of Intention to Enter  into a Contr act / 
Notiﬁcation of the award to all Tenderers which shall contain, at a minimum, the 
following information:


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(a) the name and address of the Tenderer submitting the successful tender. 
(b) the Contract price of the successful tender. 
(c) a statement of the r eason(s) the tender of the unsuccessful Tenderer to whom the 
letter is a ddressed was unsuccess ful un less the price information in (c) above already 
reveals the reason; 
(d) the expiry date of the Standstill Period; and 
(e) instructions on how to request a d ebrieﬁng and/or submit a complaint during the 
standstill period; 
 
The Contract shall not be awarded earlier than the expiry of a Standstill Period of 14 days 
to allow any dissatisﬁed candidate to launch a complaint. Where only one Tender is 
submitted, the Standstill Period shall not apply. 
Where Standstill Period applies, it s hall c ommence when the  Procuring Entity has


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Where Standstill Period applies, it s hall c ommence when the  Procuring Entity has 
transmitted to each Tenderer the Notiﬁcation of Intention to Enter into a Contract with 
the successful Tenderer. 
 
Default on Bid Security 
 56.  When a bid security declaration is requested wit h the bid and any pa rticular 
bidder fails to fulfill any of t he conditions in the bid security declaration (namely does 
not accept the arithmetical errors as described in the instruction to bi dders, fail to submit 
performance security before the period given or refuse/ fails to execute the c ontract 
agreement t he Procuring Entity shall promptly inform the Bureau of such failure, with 
relevant details of the supplier or cont ractor. Summ ary of the nature of th e default


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relevant details of the supplier or cont ractor. Summ ary of the nature of th e default 
(should include copies of all relev ant correspondence and  explain the proceedings in 
chronological order starting from close of bids with dates.  The Bureau shall if it confirms 
non-compliance debar the contractor.  
 
Contract Administration – Payment of Value-Added Tax (VAT) 
  57.1 In respect of VAT registered contractors or suppliers, the amount of VAT on 
the value of work done, the value of goods supplied, or the value of services provided, 
should be paid by the Procuring Entity, provided such goods or services not exempted 
or not excluded from VAT; 
 
  57.2 Such payment of VAT will apply in respect of advance payments as well


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or not excluded from VAT; 
 
  57.2 Such payment of VAT will apply in respect of advance payments as well 
 
  57.3 When retention money is paid, the relevant amount of VAT should also be paid 
by the Procuring Entity 
 
Variation to Contracts


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 58.1 The variations to contracts during the implementation stage cause a very high 
burden o n the Procuring Entity  and the Government. If the cont ribution from the 
variation to the final contract sum is high, it will dilute the procurement process that was 
carried out when awarding the contract. Therefore, Procuring Entity must ensure that all 
professional and human efforts are taken to minimize this situation. Variations are mainly 
due to changes in scope and quantity variations. 
 
 58.2 To  minimize variations due to change s of scope the Procuring Entity shall 
ensure that the detailed design and drawings are ready before the award of contracts for 
major projects or get a comprehensive briefing from the persons who are involve d in the


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major projects or get a comprehensive briefing from the persons who are involve d in the 
design, whether they are internal or  external consultant before inviting bids. In case the 
aggregate variation exceed s the conti ngency amount , the Procuring Entity  requires 
approval from the BPP for the varied amount.  
 
 58.3 To minimize variations due to inaccurate qua ntities or omissi ons in the Bill of 
Qualities (BOQ) , it is recommended t hat before the start of prepa ration of bi dding 
documents, Procuring Entity  should obtain a certificate from the persons  who have 
prepared the Bill of Quantities (BOQ) that a second per son has checked th e BOQ for its  
accuracy and completeness. It is also highly recommended that when “Type” structures


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accuracy and completeness. It is also highly recommended that when “Type” structures 
or buildings are con structed, compare the Bill of Quantities (BOQ) with the final 
measurements made to such “Type ” structure or building be fore finalizing the Bill of 
Engineering Measurement and Evaluation (BEME)/Bill of Quantities (BOQ). 
 
 58.4 Despite all of the above, if the aggregate amount of the variatio ns (due to 
quantity changes and extra works o rders issued) , is within the cont ingency provision 
(which should be 10% maximum) the Accounting Officer of the Procuring Entity may 
approve the change order with notification to the Bureau. Otherwise, it should be referred 
to the Tenders’ Board and the Bureau. 
 
Record of Procurement Proceedings; Section 38 Public Procurement Act


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to the Tenders’ Board and the Bureau. 
 
Record of Procurement Proceedings; Section 38 Public Procurement Act 
2007 as amended. 
 59.1 Every Procuring Entity shall maintain a record of the procurement proceedings 
containing the inf ormation specified in the Public Procurement Act. Such inf ormation 
shall include overall data on numb ers, types, values, and dates of contracts awarded and 
names of awardees, and procuring organizations. A Procuring Entity shall also mainta in 
for all contracts, a record that includes, inter alia: 
 
 • Public notices of tendering opportunities  
 
 • tendering documents and addenda


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74 
 
 • Tender opening information 
 
 • Tender evaluation reports 
 
 • Formal appeals by bidders and outcomes 
 
 • Signed contract documents and addenda and amendments 
 
 • Records of claims and dispute resolutions 
 
 • Record of time taken to complete key steps in the process 
 
 • Comprehensive disbursements data concerning payments 
 
 
 59.2 The  Procuring Entity  shall not be liable to suppliers, cont ractors, or service 
providers for damages owing solely to failure to  maintain a record of the p rocurement 
proceedings. 
 
 59.3 Records and documents maintained by procuring entities on procurement sh all 
be made available for inspection by the Bureau, an inv estigator appointed by the Bureau,


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be made available for inspection by the Bureau, an inv estigator appointed by the Bureau, 
and the Auditor -General upon reque st; and where donor funds have been u sed f or the  
procurement, donor officials shall also have access, upon request, to procurement files for 
audit and review.  
 
Mobilization Fees ; Sectio n 35 o f   Public Procurement Act  2007 as 
amended by Section 71 of the Finance Act 2020. 
 
 60.1 In addition to any  other regulations as may be prescrib ed by the B ureau, a  
mobilization fee of no more than 30% for Local Contractors and 15% for foreign 
contractors may be paid to a supplier or contractor supported by the following: 
 
 - In the case of Nati onal Competiti ve Bidd ing for local contractors  only- an


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- In the case of Nati onal Competiti ve Bidd ing for local contractors  only- an 
unconditional bank guara ntee or insurance bond issued  by an  institution 
acceptable to the Procuring Entity; 
 
 - In the case of International Competitive Bidding  and or foreign contractors - an 
unconditional bank guarantee  issued by a banking institution acc eptable to t he 
Procuring Entity.


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75 
 
 60.2 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 in terim perfor mance 
certificate issued in accordance with the contract agreement. 
 
Retention Money Security; Public Procurement Regulation 153/154 
 61. Retention money on th e other hand is a portion of the payments due under the 
contract which is retained to  ensure performance by the supplier/ contractor. When u sed 
as a guarantee, it s hould not exceed 10% of the contract value.  Instead of the Procuring 
Entity retaining part of the due payments, the supplier/contractor may also provide a 
money retention security in form of a bank guarantee or irrevocable Letter of Credit.


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money retention security in form of a bank guarantee or irrevocable Letter of Credit. 
If the contract provides for both performance security and retention fees, the total amount 
of bo th performance security and retention fee should not exceed 20% of the contra ct 
sum. 
 
Publication of Contract Awards 
 62. The awar d of all contracts  should be notified to the Bureau of Public 
Procurement and should be published in two national dai lies wit h a description of the 
contract, the name of the contractor/supplier, and the contract price clearly stated. 
 
Within fourteen days a fter signing the contract, the Procuring Entity sha ll publish and 
publicize the awarded contract on its notice boards, entity website; and the website of the


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publicize the awarded contract on its notice boards, entity website; and the website of the 
Authority in the manner and format prescrib ed by the Au thority. At the minim um, the 
notice shall contain the following information: 
(a) name and address of the Procuring Entity. 
(b) name and reference number of the contract being awarded, a summary of its scope, 
and the selection method used. 
(c) the name of t he successful Tendere r, the ﬁnal total cont ract price, and t he contract 
duration. 
(d) dates of signature, commencement, and completion of contract. 
(e) names of all Tenderers that submitted Tenders, and their Tender prices as read out at 
Tender opening; 
 
Confidentiality 
 63.  This Procurement Manual stresses the co nfidential nature of the evaluation


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Tender opening; 
 
Confidentiality 
 63.  This Procurement Manual stresses the co nfidential nature of the evaluation 
process. After suppliers, contractors and  consultants have submitted their tenders to the 
Procuring Entity by the required dead line, the tender evaluation process outlined above 
begins on the date indicated in the tendering documents for tender opening.


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76 
 
64. FLOW CHART OF THE COMPETITIVE PROCUREMENT PROCESS 
 
Public procurement should be handled as follows: 
 
Start
Determine a Need
Is the Need an 
emergency?
Follow Emergency 
Purchase 
Procedure
Yes
Is competition 
required?
No
Follow Non-
Competitive 
Procedures
Is competition 
available?
Follow Sole 
Source 
Procedures
Use Competitive 
Bidding (IFB)
Is it possible to 
prepare detailed 
specifications?
Use Competitive 
Negotiation (RFP)
Stop
No
Yes
No
Yes
Yes
No


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77 
 
 
 
Start
Is procurement 
informal bidding?
Solicit additional 
quotes
Is procurement 
sealed bids(IFB)?
Consider rebidding 
with revised 
specifications & or 
additional bidders
Is procurement 
competitive 
negotiation (RFP)
Continue 
negotiations to 
secure lower 
pricing
Is procurement 
professional 
services?
Consider 
resolicitation with 
revised scope of 
work & or 
additional offerors
Yes
No
Yes
No
Yes
No
Yes
Stop


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78 
 
 
SECTION 6 — PROCUREMENT METHODS FOR GOODS, 
WORKS, AND SERVICES 
 
Introduction: Open C ompetitive Bidding Section  24 of the Public 
Procurement Act 2007 as amended  
 
 65.1 All  procurements of g oods and  works by all procur ing entities shall be 
conducted by Open Comp etitive Bidding. Any referen ce to Open Competit ive Bidding 
means t he process by which a Procuring Entity , based on previously defined criteria, 
affects public p rocurements by offering to every interested bidder, equal, simultaneous 
information and opportunity to offer the goods and works needed.  
However, any procuring e ntity that applies any other procurement option prescribed in 
this Act, the accounting officer of the entity shall submit a request and obtain the


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this Act, the accounting officer of the entity shall submit a request and obtain the 
approval of the Bureau in Accordance with Section 24 of the PPA as amended by Section 
67 of the Finance Act 2020. 
 
 The winning bid shall be the lowest evaluated responsive bid that has been 
responsive to the bid with regard to work specifications and quality standards.  
 
Section 24 Public Procurement Act2007 as amended. 
 
 65.2 The following steps shall be adopted for procuring goods, works, and services: 
 
 (i) preparation of a procurement plan based on proper needs assessment 
 (ii) Selection of a method of procurement  
 
 (iii) Preparation of the relevant procurement documents  
 
 (iv) Transparent Pre-qualification of bidders 
 
 (v) Submission/receipt of tenders


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(iv) Transparent Pre-qualification of bidders 
 
 (v) Submission/receipt of tenders 
 
 (vi) Evaluation of tenders 
 
 (vii) Comparison of tenders


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79 
 (vii) Recommendation of the w inning bid  to the Tenders Board  or Accounting 
Officer 
 
 (viii) Certification of the procurement action by the Bureau (prior review items only) 
 
 (ix) Award of the contract.  
 
Selecting the Method of Procurement 
 66.1 The procurement method to be ad opted by a Procuring Entity will depend on 
the nature and size  of procurement and the urgency with which the goods or services to 
be procured are required. The key to the selection of the method is to understand what 
situations are suitable  for eac h of them. Depending on the nature and size of the 
procurement and its elements, Procuring Entity may use any of the methods set out in this 
Manual to procure goods, works, and services. The choice of procurement method should 
depend on:


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Manual to procure goods, works, and services. The choice of procurement method should 
depend on: 
 
 (a) The nature of the goods and services to be procured; 
 
 (b) The value of the procurement; 
 
 (c) The local availability and cost of goods and services; 
 
 (d) Critical dates for delivery; 
 
 (e) Agreement with the external funding agency if any; and 
 
 (f) Transparency of procedures proposed. 
 
 66.2 Commonly  used methods of procurement include Inter national Comp etitive 
Bidding (IC B), National Competitive Bidding (NCB), Limited International Bidding 
(LIB), International and National Shopping, Direct Contracting, and Force Ac count 
(Direct Labour). Contract packaging, scheduling, and choice of procurement methods are


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(Direct Labour). Contract packaging, scheduling, and choice of procurement methods are 
all inte rlinked. In most cases , arrivi ng at the procurement plan requires iterative 
adjustments in all three of these aspects. It is impossible, for example, to think about what 
contract packaging would be appropriate without having in mind how this affec ts the 
choice of procurement method and the time that will be needed to carry it out. 
 
International Competitive Bidding (ICB) 
 67.1 The purpose of ICB is t o give a ll prospective and  qualified bidders (local and 
foreign) adequate and timely n otifications of the Procuring Entity’s requirements and t o


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80 
give them equal access and a fair opportunity to compete for contracts for required goods 
and services. Bidding opp ortunities must therefore be advertised internationally, and all 
eligible bidders given reasonable poss ibilities t o p articipate. These notif ication 
requirements distinguish ICB from other methods of procurement. ICB may be the most 
suited method of Procurem ent, for large contracts for goods, works , and services under 
the following circumstances: 
 
 (a) When the capacity of t he domestic contractors, suppliers, and service providers 
is limited; 
 
 (b) For foreign-funded projects, where the funding ag ency a greement requires the 
Procuring Entity to resort to ICB procedures; 
 
 However, i n the c ase of Wor ks contracts given the development of the domestic


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However, i n the c ase of Wor ks contracts given the development of the domestic 
construction industry, the possibility of slicing the contract and following  the “slice and 
package approach” to suit domestic contractors may be considered. 
 
 67.2 When  ICB is u sed, do mestic pre ference criteria sti pulated unde r the 
Procurement Guideline shall be used. All other conditions including currencies, taxes , 
and other st atutory levies shall be equally applied to foreign and domestic bi dders. Any 
supplier, service provide r, or c ontractor, who desires to obta in the biddi ng document, 
whether a foreign or domestic bidder shall be allowed to purchase the same, provided the 
bidder is  prepared to pay the specified fees. The Procuring Entity is required to give


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bidder is  prepared to pay the specified fees. The Procuring Entity is required to give 
worldwide publicity to the tender notic e in various media to ensure  maximum 
competition. Also, under ICB the procurement regulations now require application of 
existing local content rules and prescribes that where no local content policy exists 
foreign bidders are to ensure a minimum 40% local content in puts (material or labor) in 
their bids. An exemption exists for situations where the local industry is not capabl e of 
generating up to 40 % content. In considering ICB theref ore a Procuring Entity will need 
to ascertain the existence of sectoral local content policy and whe re it does no t exist , 
apply the 40% local cont ent rule. However, if it determines that the local industry cannot


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apply the 40% local cont ent rule. However, if it determines that the local industry cannot 
generate local content policy, then it must seek BPP No objection to apply an exemption, 
in which case it will req uire foreign bidders in their bid to provide a plan to build local 
content.  The standard bidding documents provide additional guidance and relevant forms 
to support compliance.  
 
When ICB is used: Section 25(2) Public Procurement Act 2007 as amended 
 67.3 The Procuring Entity is required to:


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81 
(i) Advertise, in at least, two widely circulated national newspapers and one relevant 
internationally recognized publication such as in Wo rld Bank UN  Business 
Development and; 
(ii) Transmit such invitations to embassies and trade representatives of countries 
from where suppliers and contractors are likely to pa rticipate and post them 
on relevant websites. 
(iii) Advertise in any official websites of the Procuring Entity and the Bureau as 
well as the Tenders Journal 
(iv) For Foreign bidders, evidence of company registration and ta x payment in 
their home country shall be admissible under ICB 
 
 67.4 ICB  for works contract s with prequalification may need 16 -20 months 
procurement lead time and works co ntracts without prequalification may require 8 -12


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procurement lead time and works co ntracts without prequalification may require 8 -12 
months. Similarly, ICB for Goods contracts may require 8-10 months of lead time. 
 
Types of ICB 
 68.1 Procurement using the ICB method can follow either a one -stage or two-stage 
tendering process. In a o ne-stage process, the Procuring Entity will prepare a tendering 
document that will includ e, among o ther thing s, detailed functional and technical 
requirements. In response, suppliers submit tenders containing their techn ical a nd 
financial proposals, in two separate envelopes, at the same time , to be opened in one 
single public opening. The Procuring Entity then evaluates each of the bidders’ technical


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single public opening. The Procuring Entity then evaluates each of the bidders’ technical 
proposals and prepares a shortlist of qualified bidders whose  financial proposals can be 
opened and evaluated and then awards the contract to the lowest evaluated responsive 
bidder, according to the method and criteria specified in the tendering documents. 
 
 68.2 In  a two -stage process, the Procuring Entity prepares a first stage  tendering 
document with functional performance specifications, ra ther th an detaile d technica l 
specifications. In respons e, bidders offer un priced technical proposals (i.e., no financial 
proposal is submitted at this time). The Procuring Entity then: 
 
 · Assesses the suppliers’ qualifications; 
 
 · Evaluates the technical proposals;


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· Assesses the suppliers’ qualifications; 
 
 · Evaluates the technical proposals; 
 
 68.3 F ollowing the first stage evaluation , the Procuring Entity  prepares a 
memorandum of changes for each b idder and may prepare an addendum to the tendering 
documents, including revisions to the technical requirements made in the light of the first 
stage technical evaluation, and initiates the second stage tendering process. During the 
second stage tendering process, bidders offer final tenders containing their final techn ical


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82 
proposal and a financial proposal . The Procuring Entit y then evaluates the proposals 
(technical and financial) according to the criteria specified in the tendering documents. 
 
 68.4 Th e advantages of the two -stage process include the ability of the Procuring 
Entity, during the first stage, to interact extensively on technical matters with bid ders 
which is not permissible in a one-stage process. In this way, an agency can learn from the 
market and adapt its requirements to maximize competition. In addi tion, a two-stage 
process allows a Procuring Entity , in the first stag e, to state its requirements in more 
general functional t erms than the deta iled functional and technical requirements


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general functional t erms than the deta iled functional and technical requirements 
necessary to carry out a one -stage process. Knowing the bidders and their technologies 
before the second stage, reduces the burden of preparing detailed functional and technical 
requirements whic h are so comprehensive as to accommodate the entire universe of 
potential technical proposals. 
 
 68.5 A one-stage proce ss is most ap propriate for relatively straightforward 
procurement of fairly standard technologies and ancillary services. In contr ast, th e 
additional capacity to review technical proposals, revise technical requirements , and 
interact directly with t he suppliers during the first stage make s the two-stage processes


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interact directly with t he suppliers during the first stage make s the two-stage processes 
much more suitable for the procurement of goods such as complex inf ormation systems 
and procurements which involve extensive technical services. 
 
Procedures for Two-Stage Tendering  
Section 39 Public Procurement Act 2007 as amended. 
 
 69.1 The Procuring Entity shall call upon sup pliers or contractors to submit, in the 
first sta ge of  two-stage tender ing proceedings, initial tenders which contain their 
proposals without a tender price. Such proposals may re late to the technical, quality, or 
other characteristics of the goods, works , or services as well as contractual terms  and 
conditions of supply and the professional competence and technical qualifications of the


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conditions of supply and the professional competence and technical qualifications of the 
suppliers or contractors.  
 
 69.2 The Procuring Entity may, in the first stage, engage in negotiations wi th any 
supplier or contractor whose tende r has no t bee n rejected under  an open competit ive 
bidding procedure concerning any aspect of its tender.  
 
 69.3 In the second sta ge of the two tender proceedin gs the Procuring Entity, shall 
invite suppliers or contractors wh ose tend ers h ave not been rejected to submit final 
tenders w ith prices on a s ingle set of specifications. The Procuring En tity may, in the 
invitation to submit  final tenders, communicate to the supp liers or contractors, any


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83 
deletion, modification, or addition; and may permit a supplier or contractor who does not 
wish to submit a final tender to withdraw from the tendering procedure. 
 
 
 69.4 The final tenders shall be evaluated and compared to ascertain the successful 
tender as defined in an open competitive bid.  
 
National Competitive Bidding (NCB) 
 70.1 NCB  is the competitive Biddi ng procedure that shall b e appli cable for most 
Government of Nigeria-funded projects when the Goods or Works ar e available within 
Nigeria at prices significantly below those in the international markets. 
 
 70.2 When NCB is used: Section 25(2) Public Procurement Act as amended. 
 (i)  The invitation to bid should be ad vertised on the notice board of the Procuring


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(i)  The invitation to bid should be ad vertised on the notice board of the Procuring 
Entity, any official websites of the Procuring Entity and the Bureau, and at least 
two widely circulated national newspaper s such a s This Day, Gu ardian, The 
Punch, Daily Trust, and Daily Independent, etc., and in the tender’s journal; 
 
 (ii)  Any supplier, service provider, or contractor who desires to obtain the Bidding 
document should be allowed to purchase same, provided the Bidder  is prepared 
to pay the specified fees; 
 
 (iii)  The contractors/suppliers/service providers should be allowed to purchase the  
Bidding document up to a day before the Bid closing date; 
 
(v) In the case of a contract for works, to be eligible for contract award , the


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(v) In the case of a contract for works, to be eligible for contract award , the 
domestic contractors shall have a valid and appropriate registration with the 
Corporate Affairs Commission (CAC) at the time of submitting the Bid.  
(vi) However, registration with the Procuring Entity  shall not be an eligibility 
criterion for purchasing the Bidding document or submitting a Bid. 
 
 70.3 NCB may be used in foreign-funded projects on the following conditions: 
  
 (a)  With the agreement of the funding agency; 
 
 (b)  By allowing foreign contractors or suppliers to Bid on  the same terms as the 
domestic contractors or suppliers; 
  
 (c) By not giving preference to domestic bidders.


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84 
 NCB contract may require up to six months of lead time. 
 
 
 
Limited / Restricted International & National Bidding (LIB/LNB) 
Section 40 Public Procurement Act 2007. 
 
 71.1 Limited/Restricted bidding p rocedures are followed  when the invitation to bid 
is directly a ddressed to a  pre-selected list of international or nationa l suppliers or 
contractors. Bids should be solicited from a list of potential s uppliers broad en ough to  
ensure competitive prices, including all known suppliers if their number is small. 
 
 71.2 Subject to the approval by the Bureau, a Procuring Entity may for reasons of 
economy and efficiency engage in procurement through limited or restricted tendering if: 
 
 (i)  Only a few known s ources are available ( e.g., in the procurement of a sma ll


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(i)  Only a few known s ources are available ( e.g., in the procurement of a sma ll 
number of vehicles or machine tools); 
 
 (ii)  Advertising would be a waste or for small value procurements in which the co st 
of advertising is disproportionately high; 
 
 (iii) There are exceptional r easons such as emergency actions related to a maj or 
natural disaster, which may justify the waiving of advertising for competitive 
bids; 
 
 (iv) Goods to be procured are such as ph armaceuticals, or  highly specialized 
equipment for the construction of dams or where there are only a limited number 
of known suppliers or manufacturers. 
 
 (v)  the procedure is used as an exception rather than the norm. 
 
 71.3 All procedures itemized under ICB, or NCB shall apply except the requirement


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71.3 All procedures itemized under ICB, or NCB shall apply except the requirement 
for advertising and in the case of foreign-funded projects, the domestic preference. 
 
National Shopping 
 72.1 Shopping is an appropriate procurement method for procuring frequently used: 
 
 (i)  Readily available -the-shelf goods of small value;


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 (ii)  Small value (thr eshold to be specif ied by BPP ) commoditie s for wh ich 
specifications are standard; 
 
 (iii)  Small value (threshold to be specified by BPP) works or services  
 
 72.2 Under National Shopping Procuring Entity may: 
 
 (a)  publish a notice for inviting applications from suppliers; and after evaluating the 
experience and other qualifications such as capacity of the applicant, by a 
committee consist ing of not less  than t hree membe rs appointed by the 
Accounting Officer of the Procuring Entity, prepare a list comprising names of 
at lea st three suppliers who can supply particular categories of goods and 
services such as stationery, electrica l it ems, motor ve hicle repairs, perio dicals, 
and publications, etc.


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services such as stationery, electrica l it ems, motor ve hicle repairs, perio dicals, 
and publications, etc.  
 
 (b)  Remove any supplier or contractor who has not responded twice to an invitation 
to submit a quotation or performed unsatisfactorily under any contract 
previously awarded.  
 
 (c)  The selection shall be based on a comparison of price quotations obtained f rom 
invited bidders appearing on the bidders' list.  
 
 (d)  When the appropriate authority is satisfied, in the case of supplies of goods, that 
a sufficient number of reputed vend ors are available, quotations may be invited 
from the list. 
 
 (e) Requests for quotations shall be addressed to firms in the approved bidders list of 
suppliers and shall indicate: 
 
 (i) The description and quantity of the goods;


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suppliers and shall indicate: 
 
 (i) The description and quantity of the goods; 
 
 (ii) Time and place of delivery; and 
 
 (iii) Warranties 
 
 (f)  When shopping procedures are used for w orks, requests for quotation shall be 
only from t he shortlisted contractors and the minimum number of quotation s 
shall be three. The comparison of quotations shall follow NCB prin ciples 
wherever applicable, but the terms of the accepted offer shall be incorporated in 
a purchase order.


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86 
 
 72.3 Applicable Procedures for National Shopping: 
 
 - Quotations must be obtained from at least 3 unrelated contractors or suppliers. 
 
 - Each contractor or supplier from whom a quotation is requested shall be informed 
whether any factors other than the charges for the goods, wo rks, or services 
themselves, such as any applicable transportation and insurance charges, customs 
duties, and taxes are to be included in the price. 
 
 - Each contractor or supplier shall give only one q uotation and shall not be allowed 
to change or vary the quotation. 
 
 - No negotiations shall take place between a Procuring Entity and a contractor or 
supplier concerning a quotation. 
 
 - Telephone or verbal quotations shall not be accepted, but on line or email 
quotations are acceptable


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- Telephone or verbal quotations shall not be accepted, but on line or email 
quotations are acceptable 
 
 - The proc urement shall be awarded to the  qualified contractor or supplier that 
gives the lowest-priced responsive quotation. 
 
 72.4 In evaluating quotations submitted by bidders under shopping, price, and ability 
to meet re quired delivery requirements are usually t he main selection consideration s for 
these simple purchases. However, the Procuring Entity may also take into account, things 
such as the availabili ty and co sts of maintenance services and spare  parts. The terms of 
the accepted offer are incorporated in the purchase order. 
 
 72.5 Where the total value of the procurement is below the threshold specified by


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72.5 Where the total value of the procurement is below the threshold specified by 
the Bureau of Public Procurement, the Procuring Entity  need not obtain the Bure au’s 
certification for the award of the contract but shall include in the r ecord of the 
procurement a statement giving justification for the use of this procedure. 
 
Direct Contracting; Section 42 Procurement Public  Procurement Act 
2007 as amended  
 
 73.1 Direct contracting is a m eans of Procurement of Goods or Services or Works 
from a single supplier or source. Direct contrac ting entails no competition  and shall be 
used only under excepti onal circumstances, for instance when ca rrying out any 
emergency procurement where:


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87 
 
 (i) Goods, works , and services are only available from a pa rticular supplier or 
contractor, or if a particular supplier or contractor has exclusive rights in respect 
of t he goods, works , or services  and no rea sonable alternativ e or substitute 
exists; 
 
 (ii) There is an urgent need for the goods, works, or services, and engaging in tender 
proceedings or any oth er method of procurement i s impra cticable d ue to 
unforeseeable circumstances giving rise to the urgency which is not of dil atory 
conduct on the part of the Procuring Entity; 
 
 (iii) Owing to a catastrophic eve nt, there is an urgent need for goods, works, o r 
services, making it impra cticable to use othe r methods of procurement because 
of time constraints;


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services, making it impra cticable to use othe r methods of procurement because 
of time constraints; 
 
 (iv) Additional supplies need to be procured from a supplier or contractor because of 
standardization; 
 
 (v) An extension of an existing contract is nece ssary as works are already underway 
and were procured through competitive procurement procedures; 
 (vi) A Repeat procurement  of goods, w orks, or services that had recently been 
competitively tendered and satis factorily executed/received or is still a work in 
progress and f or which the supplie r or contractor is willing to maintain h is 
tender prices/rates. Repeat procuremen t can be applied only within a period not 
exceeding two years from the date of the original tender.


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exceeding two years from the date of the original tender. 
(vii) There’s a need for compatibility with existing goods, equipment, technology, 
or services, taking into account the e ffectiveness of the original procurement 
in meeting the needs of the Procuring Entity. 
 
 (viii)  The required equipment is proprieta ry and obtainable only from one  source 
(such as proprietary software, textbooks, spare parts, and defence items), and no 
alternative equipment or p roducts with equivalent performance char acteristics 
are available; 
 
 (ix) The process design requires the pur chase of critical components or mate rials 
from a particular supplier as a condition of a performance guarantee. 
 
 
 73.2 Procedure for direct contracting:


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88 
 In any of the above cases, the Procuring Entity may procure the goods, works , or 
services by invitin g a proposal or pric e quotatio n from a single s upplier or contractor. 
Where this is done, the Procuring Entity  shall includ e in the record of procurement 
proceedings a statement of the gro unds for its decision and the circumstances in 
justification of single-source procurement. 
 
Emergency Procurement: Section 43 Public Procurement Act 2007 as 
amended. 
 74.1 A Procuring Entity may carry out an emergency procurement where: 
  i) the country is either serio usly threatened by or confronted with a disaster, 
catastrophe, war, insurrection, or Act of God; 
  ii) the condition or quality of goods, equipment, bu ilding, or publicly owned


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ii) the condition or quality of goods, equipment, bu ilding, or publicly owned 
capital goods may seriously deteriorate unless action is urgently and ne cessarily taken to 
maintain them in their actual value or usefulness; or 
iii) A public project may be seriously delayed fo r want of an item of a minor 
value or usefulness. 
 
 Where this method is to be used, the following procedures shall be followed: 
 
 (a) The bidding document will disclose itemized priced Bills o f Quantity based on 
the Engineer’s/Consultant’s estimate; 
 
 (b) All bidders who participate in biddin g will be allowed to bid a percentage above 
or below the Engineer’s/Consultant’s estimate; 
 
 (c) The lowest Bid price shall be selected as  the wi nner provi ded the Bid is 
substantially responsive otherwise;


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substantially responsive otherwise; 
 
 (d)  T he biddin g period may not be reduced below  three (03) d ays in the case of 
limited bidding by invitation and seven (07) days when an open advertisement 
is used; 
 
 (e)  Lump sum contracts shall be u sed wherever possible, with milestone payments 
identified at intermediate levels; 
 
 (f) Purchases from government institutions must be given preference. 
 
 
 74.2 Immediately  after the cessation of the si tuation warranting any emergency 
procurement, the Procuring Entity shall file a detailed report th ereof with the Bureau of


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Public Procurement which shall verify the same and if appropriate, issue a Certificate of 
No Objection. 
All procurements under emergencie s shall be handle d with expedition but along the 
principles of accountability , due considerati on being given to the gra vity of each 
emergency. 
 
SELECTION AND EMPLOYMENT OF CONSULTANTS  
Section 44 Public Procurement Act 2007 as amended. 
 
Introduction 
 75.1 The procurement of consultancy s ervices is a specialized form of procurement 
requiring procedures and documen ts which are very differe nt from those fo r goods and 
works. The use of a short list of candidates, a merit -point evaluation system , and two-
envelope procedures are  standard featur es in the selection of cons ultants.  Selecting


