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envelope procedures are  standard featur es in the selection of cons ultants.  Selecting 
consultants based on cost alone is unlikely to achieve the required quality of services. 
 
 75.2 Where  a Procuring Entity  wishes to procure services for its needs that are 
precise and ascertainable: 
 
 -  Generally, it shall solicit for e xpressions of interest or applications to pre -qualify to 
provide th e servic es by publishing a notice to that effect in at least 2 national 
newspapers and the tender’s journal; 
 
 -  However, where the value of t he services to be pr ocured is less than one mi llion 
naira, or with the approval of the Bureau, of su ch a low  value that o nly national 
consultants would be interested, the Procuring Entity  may without placing a


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consultants would be interested, the Procuring Entity  may without placing a 
notice as in dicated above, request at least 3 and not more than 10 consultants or 
service providers to make proposals for the prov ision of the services in a format 
stipulating: 
 
 (i)  A statement of qualifications of the consultant to provide the service; 
 
 (ii)  A statement of understanding of the Procuring Entity’s needs; 
 
 (iii)  The methodology for providing the service; 
 
 (iv)  The timeframe for providing the service; and 
 
 (v)  The cost or fee for the service.


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 75.3 The Steps of the Selection Process 
 
 The procurement of consultancy services will normally include the following steps: 
 
 -  Preparation of the Terms of Reference (TOR). 
 
 -  Preparation of a cost estimate and confirmation of available budgeted funds. 
 
 -   Choice of Selection Method. 
 
 -   Advertising for expressions of interest  
 
 -  Preparation of the s hortlist of consultants  based on  the ex pressions of interest 
received. 
 
 -  Preparation and issue of the Request for Proposals (RFP), including: 
 
 · Letter of Invitation (LOI); 
 
 · Information for Consultants (IFC); 
 
 · Draft contract. 
 
 · Receipt of proposals in two envelopes. 
 
 · Opening and Evaluation of technical proposals first.  
 
 · Opening and evaluation of financial proposals.


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· Opening and Evaluation of technical proposals first.  
 
 · Opening and evaluation of financial proposals. 
 
 · Consolidated evaluation according to the criteria and selection method stated in 
the RFP. 
 -  Negotiations and award of the contract to the selected firm. 
 
 75.4 The Terms of Reference (TOR) 
 
 The TOR must clearly defi ne the objectives and scope of the assignment and 
provide background info rmation (i ncluding a list of e xisting relevant studi es and basic 
data) to enable the consultant to prepare a proposal.


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 The TOR should: 
 
 -  Describe the background to the assignment; 
 
 -  State the objectives of the assignment including: 
 
 · The scope of the services;  
 
 · The duration of the assignment; 
 
 · A detailed list of the consultants’ duties and responsibilities; 
 
 · Where applicable, the required inputs in terms of expert days, or months; 
 
 -  Detail the required outputs, e.g.: reports, d etailed designs, recommendations, draft 
laws, etc. which the  consultants will be required to produce (also referred  to as 
‘deliverables’); 
 
 -   Set the periods for the deliverables; 
 
 -  Not be over -detailed or inflexible, so that competing consultan ts may propose 
their methodology and staffing. 
 -   List any services and surveys necessary to carry out the assignment;


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their methodology and staffing. 
 -   List any services and surveys necessary to carry out the assignment; 
 
 -  Include details of the services, facilities and counterpart staff to be provided by the 
Client. 
         Indicate participation of nationals amongst project experts  
 
 -  Specify detailed requirem ents wh en the transfer of knowledge o r training is an 
objective, to allow candidates to estimate the required resources. 
 
 75.5 Preparation of Cost Estimates and Budget 
 
 After the preparation of the TOR , the Procuring Entity  shall prepare a budge t 
estimate. The budget is to be estimated based on assignment breakdown to detailed tasks. 
Each task should be associated wi th appropriate  quality and quantity staff, adequate


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Each task should be associated wi th appropriate  quality and quantity staff, adequate 
schedule with the breakdown of duration for home and field works, an d all other charges. 
Budget estimates should reflect the following costs: 
 
 -  Key and support staff remuneration, including social charges;


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92 
 
 -  Mobilization and demobilization; 
 
 -  Transportation; 
 
 -  Reimbursables:  
 
 -  Communications; 
 
 -  Office rent and consumables;  
 
 -  Documents and reports preparation; 
 
 -  Training;  
 
 -  Miscellaneous (computer equipment, insurance, translations, etc.); 
 
 -  Duties and taxes. 
 
Section 45 Public Procurement Act 2007 as amended. 
 
 75.6 A  Procuring Entity  wishing to p rocure ser vices for its needs may do so by 
requesting proposals when: 
 
 -  It is not feasible  to formulate detailed specifications of the services or to identi fy 
their characteristics; or 
 
 -  It intends to enter into a contract for research, experiment, study, or development, 
except where the contract includes the production of goods in quantities sufficient


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except where the contract includes the production of goods in quantities sufficient 
to establish their commercial viability or to recover  research and deve lopment 
costs. 
 
 75.7 Procuring  entities shall procur e the s ervices of  consultants by soli citing 
expressions of interest to submit proposals or to p re-qualify to submi t propos als b y 
publishing a notice to that effect in 2 national newspapers and the tender’s journal. 
 
 75.8 A  Procuring Entity may make dire ct requests to a lim ited number of service 
providers or consultants, requesting proposals for the  provision o f a s ervice for 
unascertained needs if:


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 -  The services are only  available f rom no more than 3 service providers or 
consultants; or  
 
 -  The time and cost requir ed to examine and evaluate a large number of proposals 
would be disproportionate  to the value of the services to be performed, provided 
that it invites enough consultants to ensure transparent competition; or 
 
 - It is  in the  interest of national defence and security or a similar reason for 
confidentiality. 
 
Please refer to the S tandard Bidding Document for Procurem ent of Services for detailed 
content.    
 
Section 47 Public Procurement Act 2007 as amended. 
 
 75.9 Clarification and modification of requests for proposals.  
 
 A consultant  may request clarification of the request for propo sals from the


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A consultant  may request clarification of the request for propo sals from the 
Procuring Entity and where such a request is made, the Procuring Entity shall: 
 
 -  Where the clarification is sought before the deadline for  submissions, and within 
the period specified in the Bidding Documents respond to the request within the 
number of days stipulated for responses in the bidding documents  and shall, 
without ide ntifying the source of the request, simult aneously communicate the 
clarification response to the other consultants to whom the procurement  entity has 
provided the request for proposals (RfP); 
 
 75.10 A Procuring Entity may, whether on its initiative or as a result of a request for


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75.10 A Procuring Entity may, whether on its initiative or as a result of a request for 
clarification by a consultant, modify the request for proposals by issuing an addendum at 
any time before the deadline for submission of proposals.  
 
 75.11 The addendum shall b e communicated promptly  before the d eadline for the 
submission of proposals to the short-listed consultants to whom the Procuring Entity has 
provided the request for proposals and shall be binding on those consultants.  
 
Section 47 Public Procurement Act 2007 as amended. 
 
 75.12 If the Procuring Entity  convenes a meeting of consultants,  it shall prepare 
minutes of the meeting containing the issues submitted at the meeting for clarification of


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the request for proposal an d its responses to those issues, witho ut identifying the sources 
of the requests for clarifications.  
 
 75.13 The  minutes shall be provided promptly before the deadlines for th e 
submission of p roposals to the co nsultants participating in the selection proc eedings to 
enable them to take the minutes into account in preparing their proposals.  
 
Submission of Proposals ; Section 48 Public P rocurement Act  2007 a s 
amended. 
 
 76.1 The  Procuring Entity  shall allow suffic ient time for the preparation and 
submission of the requested proposals but shall in no case give less than 30 days between 
the issue of the notice or request and the deadline for submission.


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the issue of the notice or request and the deadline for submission. 
 
 76.2 The technical and financial proposals shall be submitted simultaneously but in 
separate envelopes. Any proposal received after the deadline for submission of proposals 
shall be returned to the sender unopened. Immediately after the deadlin e for submission 
of proposals, the tech nical proposals shall be opened for  evaluation whilst the financial 
proposals shall remain sealed and kept in a secure bid box until they are opened publicly. 
Only the financial proposals of shortlisted consultants  who have satisfied the t echnical 
requirements shall be op ened on a stipulat ed date. Consultants who are not successful at 
the technical evaluation stage shall have their financial bids returned to them unopened.


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the technical evaluation stage shall have their financial bids returned to them unopened. 
 
 76.3 Under no circumstances should the technical evaluation committee have access 
to or insights into the financial proposals until the evaluations including any Te nders 
Board review are concluded.   
 
Criteria for Evaluation of Proposals 
 77.1 The  Procuring Entity  shall establish criteria to evaluat e the proposals and 
prescribe the rela tive weight to be accorded to each criterion and how they a re to be 
applied in the evaluation of proposals.  The criteria may concern only the following; 
 
 - The qualifications, experience, reliability, professional and managerial competence 
of the consul tant or service provider and of the personnel to be involved  in 
providing the services;


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of the consul tant or service provider and of the personnel to be involved  in 
providing the services; 
 - experience on similar assignments and in similar conditions 
 - evidence of similar assignments successfully completed in the past 3-5 years 
 
 -  The effectiveness of  the proposal submitted by the consultant or service provide r 
in meeting the needs of the Procuring Entity;


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95 
 
 -  The proposal price, subject to any margin of preference applied, including any 
ancillary or related costs; 
 
 -  The effect that  the acceptance of the proposal will have on the balance of 
payments position and f oreign r eserves of the government, the extent of 
participation by local personnel, the economic development potential offered by 
the propo sal, in cluding domestic investment or other business activity, the 
encouragement of employment,  the transfer of techno logy, th e dev elopment of 
managerial, scientific and operational skills and the counter trade arrangements 
offered by consultant or service providers; and 
 
     -  National defense and security considerations. 
 
Domestic Preferences    Section 34 Public Procurement Ac t 2007 As 
amended.


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Domestic Preferences    Section 34 Public Procurement Ac t 2007 As 
amended.  
 
 77.2 In the case of ICB, when comparing bids from foreign contractors or suppliers with 
national Bidders, Procuring Ent ities may grant a margin of prefere nce to domestic contractors, 
and suppliers for goods manufactured in Nigeria. The BPP will from time to time set the margins 
of preference to be granted. Bid documents may provide a domestic preference of 15% of the 
delivered price for goods and 7.5 % for works. Domestic preference is only applicable if provided 
for in the bid document.  
 
 77.3 The following table shows the normal range of points to be specified for each 
criterion, which may be adjusted for specific circu mstances. The pro posed maximum 
points must be stated in the RFP.


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points must be stated in the RFP.  
 
 
Table 1:  Indicative Weighting of Evaluation Criteria  
(Consultant Services) 
 
  Specific relevant experience:   5 to 10 points 
 
  Response to the TOR and Methodology Proposed:   20 to 50 points 
 
  Key personnel:   30 to 60 points 
 
  Training:   0 to 10 points


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  Participation by nationals:   0 to 10 points 
 
  Total:   100 points 
 
Consultant’s Specific Experience:  
 
 The points given to experience are relatively low as this criterion has already 
been taken into account when short-listing the bidders.  
 
Methodology: 
 
 A large number of points shou ld be allocated  to the p roposed methodology 
for more complex assignments (for example, multidisciplinary feasibility or 
management studies). 
 
Key Personnel:  
 
 Only t he key person nel should normal ly be evaluated since they will 
determine the quality of per formance. More points should be assigned if the 
staffs are  critical to the success of the proposed assignment. When the 
assignment depends critically on the perfo rmance of a Proje ct M anager or


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assignment depends critically on the perfo rmance of a Proje ct M anager or 
key specialist in a team of individuals, more points should be allocated to this 
person. In dividuals should be evaluated on the following sub -criteria as 
relevant to the task: 
 
General Qualifications:  
 
 General education  and tr aining, pr ofessional qualif ications, length of 
experience, positions held, time with th e consulting firm, experience in  
similar countries, etc.; 
 
Adequacy for the Assignment:  
 
 Specific experience relevant to the assignment in the sector, field, sub ject, 
process, or activity; and 
 
Experience in the Region:


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 Knowledge of local languages, a dministrative syst ems, g overnment 
organizations, etc. 
 
 77.4 The criteria may be divided into sub -criteria to enhance the objectivity of the 
evaluation. For examp le, the sub-criteria under me thodology might be innovation and 
level of detail.  It is usual t o use sub-criteria for key staff to evaluate their qualifications, 
technical experience, and language capabilities. It could look at key personnel ’s general 
and specific  experience. The number of sub-criteria should be kept to t he esse ntial 
minimum and must be fully detailed within the RFP. The minimum qualifying technical 
score to be achieved for a bid to proceed to the Financial Evaluation must be specified in 
the RFP.


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score to be achieved for a bid to proceed to the Financial Evaluation must be specified in 
the RFP.  
In all cases, the Procuring Entity  shall e nsure t hat the cr iteria are clearly d efined, 
unambiguous, and measurable. 
 
General Selection Procedure (Services) ; Section 50 Public Procurement 
Act 2007 as amended. 
 
 78.1 The Procuring Entity shall select the successful proposal by either:  
 
- Choosing the proposal with the lowest price or; 
 
- Choosing the proposal with the best-combined evaluation in terms of the general criteria 
set out in the request for proposals and the price quoted. 
 
 The Procuring Entity shall include in the record of procu rement a st atement of the 
grounds and circumstances on which it relied to select either of the procedures above.


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grounds and circumstances on which it relied to select either of the procedures above. 
 
 
 Nothing in this section shall prevent the Procuring Entity from resorting to the use of 
an impartial panel of experts to make the selection. e. g. where the Procuring Entity lacks 
in-house expertise/capacity to carry out a proper technical and financial bids evaluation, 
it may resource a committee or panel of e xperts from other relevant MDAs or hire  
individual consultants to execute the process. 
 
 78.2 Where price is not a factor. Quality-Based Selection Method (QBS):  
     Public Procurement Act – Section 52 
 
  Selection is based solely on the technical  quality of proposals, where the  degree of 
technical quality  is of pa ramount importance and decisive for the success of the


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technical quality  is of pa ramount importance and decisive for the success of the 
project, based on the consultant’s qualification.


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 This selection method is based on evaluating only the quality of the technical proposals 
and the subsequent nego tiation of the fi nancial pro posal wit h th e highest-ranked 
consultant. When QBS is applied, the RfP shall clear ly state that the selection of the 
first consultant to be invited to negotiate a contract will be made sol ely based on the 
ranking of the technical proposals. 
 QBS can be applied only to the following types of assignments: 
 
a) Complex or highly  specialized assignments for which  it is difficult to define a 
precise TOR and the required input from the consultants; 
b) Assignments where the dow nstream im pact is so large tha t the quality of the 
service is of overriding importance for the outcome of the p roject e.g.,


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service is of overriding importance for the outcome of the p roject e.g., 
engineering design of major infrastructure; 
c) Assignments that can be carried out in substantial ly different ways such that 
financial proposals may be difficult to compare; and 
d) Assignments include the supervision of large and complex co nstruction works for 
which it is particularly important to take safety precautions. 
 Where the Procuring Entity elects to make a quality-based selection, based on the 
consultant’s qualifications or a single-source selection, it shall engage  in nego tiations 
with consultants per this section  
 
 78.3 The procurement entity shall: 
 
i) Establish a weight concerning quality and t echnical aspects of the proposals per


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i) Establish a weight concerning quality and t echnical aspects of the proposals per 
the criteria other than price as m ight hav e bee n set out  in the request for 
proposals and rate each proposal per such criteria and the relative weight and 
manner of applic ation of th e criteri a as stipulated in the request for 
proposals;   
ii)         Invite for negotiations  on the pr ice o f its proposal, the consult ant that has 
attained the best rating. 
iii) Inform the consultants that  attained ratings above  the minimum score to be 
considered for negotiations if negotiations with the consultant with the best 
rating do not result in a procurement contract 
iv) Inform the consul tant with the best rating, that it is terminati ng the


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iv) Inform the consul tant with the best rating, that it is terminati ng the 
negotiations if it becomes apparent that the negotiations with that consultant, 
invited under (ii) above will not result in a procurement contract 
v)        If negot iations with the consultant with the bes t rating fail , invite the 
consultant that obta ined the second-best rating, and if negotia tions with that 
consultant do  not re sult in a contract, invite the other consultants for 
negotiations based on their rating until it arrives at a contract or rejects t he 
remaining proposals. 
vi) Shall treat p roposals and any negotiations on sel ection procedure as 
confidential and avoid disclosure of their contents to competing consultants.


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99 
Sole/Single-Source Selection (or Direct Contracting) (SSS): 
 This selection method s hall be allowed only in exceptional circumstances, subject to 
BPP prior certification, and generally for small assignments only. The justification for 
SSS shall be examined in the context of  the overall interests of the project and BPP 's 
responsibility to ensure efficiency and transparency in the selection process and non -
discrimination among eligible co nsultants for contracts. SSS may be appropriate if 
only it presents a clear advantage over the competition: 
 
(i)  for tasks that represent a natural continu ation of previous work carried out by th e 
firm; 
 
(ii) in emergency cases, such as in response to disasters; 
 
(iii) for very small assignments; or


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firm; 
 
(ii) in emergency cases, such as in response to disasters; 
 
(iii) for very small assignments; or 
 
(iv) when only one firm is qualified or has  the experience of exceptional worth for the 
assignment. 
 
 78.4 Where price is a factor: Quality and Cost-Based Selection 
       Section 51;  Public Procurement Act 2007 as amended  
 
This method takes into account the quality of the proposal and the cost of the services. 
Selection is based on technical quality with price consideration. Using this method, 
quality and price factors are combined and weighted in varying proportions depending on 
the importance of the quality versus price. The weight given to price in the overall  
ranking of the consultants shall depend on the technical complexity of the assignment and


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ranking of the consultants shall depend on the technical complexity of the assignment and 
the nature of the project. Careful consideration shall be given to evaluations to assure that   
price considerations do not compromise quality. Generally, the proportional weights shall  
be set at 80 points for quality and 20 points for price but could be 70 and 30 points,  
respectively, for assignments of standard or routine nature, or conversely 90 and 10  
points, for assignments where technical quality is of critical importance. Only the  
technical proposals which have passed the minimum technical score set in the RfP will  
proceed to the financial evaluation stage. The required methodology shall be explained in  
the RfP.


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proceed to the financial evaluation stage. The required methodology shall be explained in  
the RfP. 
 
 Where the Procuring Entity  elects to choose the successful proposal based on 
technical and price factors, it shall: 
 
 -  Establish a weight concerning quality and technical aspects of the proposals per 
the criteria other than price as might have been set out in the request for proposals 
and rate each proposal per such criteria and the relative  weight and manner with 
the application of the criteria as stipulated in the request for proposals; and then


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 -  The Procuring Entity  shall compare the prices of those proposals that have 
attained a rating at or above the threshold; 
 
 -  The Procuring Entity shall notify the consultants whose proposals did not meet the 
minimum qualifying mark or were -non-responsive to the invitation for proposals 
and terms of reference after the ev aluation of quality is completed  within 14 
working days after the decision has been taken by the procurement entity; 
 
 -  The Procuring Entity shall then invite the qualifying consultants for the opening of 
their financial proposals on a set date and time for all the consultants; 
 
 - The name of  the qualifying consultants  and the qualit y scores f or the technical 
component of the pr oposal shall be read aloud and record ed alongside the price


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component of the pr oposal shall be read aloud and record ed alongside the price 
proposed by each consultant or service  provider when the financial pro posals are 
opened; 
 
 -  The Procuring Entity shall prepare the minutes of the public opening of financial 
proposals which shall be part of the evaluation report and shall retain this record; 
 
 -   |The total  score shall be obtained by weig hting a nd adding the technic al and 
financial scores to determine the overall ranking of the consultants’ proposals.    
 - The successful proposals shall be: 
- The proposals with the best combined evaluation in terms of th e criteria 
earlier established above from  price in the case  of quali ty and cost -based 
selection i.e., the proposal with the highest ranki ng from  a com bined


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selection i.e., the proposal with the highest ranki ng from  a com bined 
evaluation of criteria earlier established for both the techn ical and financial 
bids; 
- . 
 
 The consultants with the winning proposal shall be invited for negotiations, which 
shall focus mainly on the technical proposals. Proposed unit rat es for staff months and 
reimbursable shall not be negotiated unless there are exceptional reasons.  
 
78.5 Least-Cost Selection – LCS: 
  
Selection based on the technical quality of comparable smaller and routine 
assignments, where the technically qualified lowest financial proposal is selected. 
 
78.6 Fixed Budget Selection – FBS: 
  
Selection based on a fixed budget, for simple assignments for which the budget is fixed


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and cannot be increased. Only the technical proposals which have passed the minimum  
technical score set in the RfP will proceed to the financial evaluation. Financial proposals  
higher than the fixed budget amount indicated in the RfP are rejected. 
 
78.7 Hiring of Government Officials. 
 
Government officials and civil servants cannot be hired  under a consulting contract 
financed by public funds since the principle of transp arency would be compromised and 
the opportunity for abuse heightened. This applies regardless of their being on leave, with 
or without pay, or secondment. University professors or scientists from research institutes 
can, however, be contracted individually  provided that they have a full-time employment


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can, however, be contracted individually  provided that they have a full-time employment 
contract with their  institutions and have regularly exercised their function for a year or 
more before they are contracted. 
As you can see, choosing the method for selection of a winning bid should be the product 
of an informe d and careful consideration of many factors including; the simplicity or 
complexity of service, level of specialization required, the expected down field impact, 
availability of competition etc., the process of procurement planning should  enable an 
evaluation of the service and determination of the optimum selection method  to achieve 
procuring entity objectives.  
Bureau’s Review of Procurement Actions


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procuring entity objectives.  
Bureau’s Review of Procurement Actions 
 79.1 The Bureau staff’s fiduciary responsibilities involve prior review and post-
review of procurement do cumentation a s th e procurement proces s is carried out. The 
Bureau’s review process ensures that public funds are use d for the purposes intended and 
that procurement procedures outlined in the Public Procurement Act are followed.  
 
 79.2 Th e prior review pr ocess p rotects th e Procuring Entity  at each stage of the 
procurement transaction and also provides advice and suggestions to the Procuring Entity 
for enhancing the quality of the documents and procedures. Post-review is carried out on 
a sample basis after the action has been taken by the Procuring Entity.


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a sample basis after the action has been taken by the Procuring Entity.  
 
 79.3 The Procuring Entity shall furnish to the Bureau, after the contract signing, one 
confirmed copy of such contract, together with the Bid Document/ RFP package, a  copy 
of the evaluation reports, and the winning proposal.  
 
 79.4 The Bureau may carry out normal  procurement audit aimed at reviewing the 
procurement activ ities of a Procuring Entity  or investigate any matter related to the 
conduct of procurement proceedings by a Procuring Entity, or the conclusion or operation 
of a procurement contract if it considers that an investigation is necessary or desirable to 
prevent or detect a contravention of procurement policies and practices.


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102 
Scope of Prior Review 
 80.1 The following procurement documentation should be reviewed by the Bureau 
before the Procuring Entity issues the Certificate of “No Objectio n” for Contract Award 
for contract packages within the prior review thresholds: 
 
 · Advertising procedures including the GPN and the SPN; 
 
 · Prequalification invitation, documents, and subsequent evaluation; 
 
 · Tendering documents and addenda; 
 
 · Tender evaluation and the proposal for award of the contract; and 
 
 · Modifications to the contract during execution.  
 
Post Review of Procurement Documentation 
 81.1 Post review is similar in scope to prior review  but is carried out only on a 
sampling basis, on procurement documentation usually retained by the Procuring Entity.


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sampling basis, on procurement documentation usually retained by the Procuring Entity.  
The review usually covers the following documents: 
· Budget appropriation 
· The Invitation for Tenders; 
· Tendering Documents; 
· Public tender opening record; 
· Tender evaluation report;   
· Final contracts;  
 
 · Other documents as appropriate to check if the ag reed procedures were correctly 
followed, whether the documents are consistent with procurement rules; and 
 
 · Whether the lowest evaluated (responsive) bidder was indeed awarded the contract. 
 
 Procurement -post reviews are al so used to examine the Procuring Entity’s capacity 
to maintain adequate accounting records, systems for control, and auditing arrangements.


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to maintain adequate accounting records, systems for control, and auditing arrangements.  
 
 81.2 After  conducting th e -post-review, the Bureau team prepares a report of its 
findings and conclusions. If the audit reports are not s atisfactory, corrective actions are 
introduced which may include, lowering prior review thresholds, training of Procuring 
Entity’s staff, and hiring procurement agents/consultants.


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103 
SECTION 7 — STANDARD BIDDING DOCUMENTS  
 
Preparing the Relevant Procurement Documents 
Standard Bidding Documents 
 82.1 The Procuring Entity shall use the BPP-approved Standard Bidding Documents 
and Requests for Proposal (RfP) for each propos ed procurement involving international 
and na tional c ompetitive tendering, both to in form and instruct potential bidders, 
suppliers, and contractors of the requirements expected of them in particular procurement 
opportunities. Tendering documents are to be  drafted to permit bidders to submit 
responsive tenders. Tender documents should clearly define the scope of works, goods or 
services to be supplied, the rights and obl igations of the Procuring Entity (purchaser) and


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services to be supplied, the rights and obl igations of the Procuring Entity (purchaser) and 
suppliers and contractors, and the conditions to be met for a tende r to be declared valid 
and responsive. They should also s et out fair and non - discriminatory criteria for 
selecting the winning tender. Tendering documents should thus: 
 · E ncourage eligible po tentially qualified f irms to tender, by makin g reason able 
demands for information and form-filling; 
  
 · Not discriminate against any potential bidder; and 
 
 · Provide a clear, objective means of evaluating the bidders. 
 
 82.2 The  details and complexity of  tendering documents vary according to the 
nature and size of the contract, but they generally include the following:


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nature and size of the contract, but they generally include the following: 
 
 · Invitation To/Tender; the IFB/IFT (or SPN) is used by the  Procuring Entity  to 
invite potential bidders to presen t their tenders for the requirement at hand, and it 
describes the Procuring Entity and source of financing and indicates the goods, 
works or services to be procured.  
 
 · Instructions to Tenderers; Provide information to b idders regarding the form, 
procedure, and timing of tendering. 
 
 · The Tender Data Sheet ; is used to complement, supplement, or amend the 
provisions in the Instructions to Tenderers (ITT). It specifies the parameters of the 
Instructions to Bidders for the pa rticular procurement including the source of


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Instructions to Bidders for the pa rticular procurement including the source of 
funds, eligibility requ irements, the procedure for clarification, tender preparation 
form, number of cop ies to b e submitted, the language of the tenders, pricing and 
currencies and currency conversion mechanism, instructions on modification a nd 
withdrawal of tenders, tender submission procedures, closing date, tender validity 
period, opening and evaluation o f tenders, and aw ard of contract procedures, the


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procedure for correction of mathematical discrep ancies in tenders, purchaser’s 
right to accept any tender and reject any or all tenders; award criteria; notification 
of award and procedures for signing of the contract.  
 
· Evaluation and Quali fication Criteria; this section specifies the criteria that the 
Procuring Entity  will use to evaluate t he tenders and post -qualify the lowest 
evaluated Bidder.  
 
· The General Conditions of the Contract; setting out the g eneral provisions o f the 
contract between the Procuring Entity and the bidder awarded the contract. 
 
· Particular Conditio ns of Contract; which complement the General Conditions of 
Contract for the particular procurement. 
 
· For Goods: Schedule of Supply; which specifies the qua ntities, delivery locations,


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· For Goods: Schedule of Supply; which specifies the qua ntities, delivery locations, 
and dates for the items required by the purchaser.  
 
· For Works: Bill of Quantities or Schedule of Works which specifies the quantities, 
unit rates, or payment items for the works required to be carried out. 
 
· The Technical S pecifications and d rawings; which provid e details of the 
characteristics of the te chnologies and te chnical services req uired (and for 
goods/equipment specify the common format in which bidders must pr esent their 
materials, including a t echnical responsiven ess cross -reference form).  It is 
advisable to indicate Standards of materials and w orkmanship required for the 
production and manufacturing of the Goods  and delivery of works . The


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production and manufacturing of the Goods  and delivery of works . The 
sustainable procurement requirements shall be specifi ed to enable the evalua tion 
of such a requirement and to  encourage Tenderers’ innovation in addressing 
sustainable procurement requirements.  
 
· Tendering Forms;  which include forms for Tender S ubmission and Pri ce 
Schedules, Tender  Security, Contract Agree ment, Performance Secur ity, Bank 
Guarantee for Advanced Payment, and/or the Manufacturer’s Authorization. 
 
· Eligibility for Provisio n of Goods,  Works, and Services in Public Procurement;  
which lists the grounds of disqualification for participating in public procurement. 
 
 82.3 In procurement procedures , P rocuring Entities are required to use Standard


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82.3 In procurement procedures , P rocuring Entities are required to use Standard 
Bidding Documents (SBDs) issued by the Bureau, with minimum changes acceptable to 
the Bure au. No cha nges should be intro duced to the Instructions  to Bidders and the


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General Conditions of Contract.  How ever, if changes are necessary to address specific 
issues they  may be introduc ed only through tender or contract data sheets or through 
Special C onditions of the Contract. The  following Standard Docum ents currently exist 
for use by Procuring Entity.   
 
 Standard Bidding Documents for Procurement of Goods 
 Standard Bidding Documents for Procurement of Works Small 
 Standard Bidding Documents for Procurement of Works Large – Building 
 Standard Bidding Documents for Procurement of Works Large - Roads and Bridges 
 Standard bidding Documents  for Procurement of Services - Maintenance - Lump 
Sum 
 Standard Bidding Documents for Procurement of Services - Maintenance - Time and 
Materials 
 Standard Prequalification Document for Works


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Materials 
 Standard Prequalification Document for Works 
 Standard Prequalification Document for Goods (1) 
 Standard Bidding Documents for Non -Consulting Services ( such as Fac ility 
Management) 
 Standard Bidding Documents for Management Information System (with and 
without Prequalification) 
 Standard Prequalification Document for Procurement of Health Commodities 
 Standard Bidding Documents for Procurement of Health Commodities 
 Standard Bidding Documents Framework Agreement – Works 
 Standard Bidding Documents Framework Agreement - Goods  
 Standard Bidding Documents for Procurement of Complex Projects – EPC 
 Standard Asset Disposal Procedure Document (1) 
 Standard Bidding Document for Procurement of Consulting Services


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 Standard Asset Disposal Procedure Document (1) 
 Standard Bidding Document for Procurement of Consulting Services 
 Standard Bidding Document for Procurement of Defense Commodities  
 
Technical Specifications 
 83.1 The purpose of the Technical Specifications (TS), is to define the technical 
characteristics of t he Goods and Rela ted Services required by the Procurement Entity.  
Precise and clear specif ications are required for bidders to respond realistically and 
competitively to the requirements of the Purchaser/Procuring Entity without qualifying or 
conditioning their tenders. In the context of ICT/ICT, the specification must be drafted to 
permit the widest possible competition, and at the same time make a cle ar statement of


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permit the widest possible competition, and at the same time make a cle ar statement of 
the required stand ards of workmanship to be prov ided, stan dards of plant and o ther 
supplies, and performance of the goods and services to be procured. Only if this is done 
will the objectives of economy, efficiency , and fairness in procurem ent be realized, the


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responsiveness of t enders be ensured , and t he subsequ ent task of tender e valuation b e 
facilitated. 
 
83.2 Technical specifications in this instance sho uld be d escriptive and give the full 
requirements in respect of, but not limited to, the following: 
 
 · Standards of materials and workmanship required; 
 
· Details of all factory tests required (type and number); 
 
· Details of all work required to achieve completion; 
 
· Details of all pre -commissioning and commissioning activities to be perform ed by the 
Contractor; and 
 
· Details of all fu nctional guarantees  required and liquidated damages to be applied if 
such guarantees are not met. 
 
83.3 It is recommended that essential tec hnical and performance characteristics and


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such guarantees are not met. 
 
83.3 It is recommended that essential tec hnical and performance characteristics and 
requirements, including maximum or min imum acc eptable v alues, as appropria te, be 
summarized in a specific section, to be complet ed by the bidder providing the 
characteristics of the e quipment o ffered, and submitte d as an Att achment to the tender 
form.  
 
83.4 The Procurement Entity should prepare the detailed T echnical Specification (TS) to 
take into account that:   
• the TS constitutes the benchmarks against which the Procurement Entity will verify 
the technical responsiveness of Tenders and subsequently evaluat e the Tenders. 
Therefore, a well -defined TS will facilitate the pre paration of responsive Tenders by


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Therefore, a well -defined TS will facilitate the pre paration of responsive Tenders by 
Tenderers, as well as the examination, evaluation, and comparison of the Tenders by the 
Procurement Entity.  
• the TS shall require that all Goods and mate rials to be incorporated in the Goods be 
new, unused, and of the mo st recent or current models, and that they incorp orate a ll 
recent improve ments in design and materials unless provided for otherwise in the 
contract. 
• The TS shall make use of best practic es. Samples of specifications from successful 
similar procurements in the same country or sector may provide a sound basis for drafting 
the TS. 
• Standardizing technical specifications may be advantageous, depending on the


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the TS. 
• Standardizing technical specifications may be advantageous, depending on the 
complexity of the Goods and the r epetitiveness of the type of procurement. Technical


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Specifications should be broad enough to avoid restrictions on w orkmanship, materials, 
and equipment commonly used in manufacturing similar kinds of Goods.  
• Standards for equipment, materials, and workmanship specified in the ITT document 
shall not be restrictive. Reco gnized international standards should be specifie d as mu ch 
as possible. R eference to brand names, catalog numbers, or other details that limit any 
materials or items to a specific manufactu rer should be avoided as far as possible. Where 
unavoidable, such i tem description should always be followed by the words “ or 
substantially equivalent.”  
 
83.5 Technical Specifications shall be fully descriptive of the requirements in respect of, 
but not limited to, the following:


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but not limited to, the following: 
(a) Standards of materials and workmanship  are required for the production and 
manufacturing of the Goods. 
(b) Any sustainable procurement technical requirements shall be specified. The 
sustainable procurement requirements shall be  specified to enable the evaluation of such 
a requirement on a pass /fail basis. To encourage Tenderers’ innovation in a ddressing 
sustainable procurement requirements, as long as the Tender evaluation criteria specify 
the mechanism for monetary adjustments for Tender comparisons, Tenderers may be 
invited to offer Goods tha t exceed the specified minimum sustainable procureme nt 
requirements.  
(c) Detailed tests are required (type and number).


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requirements.  
(c) Detailed tests are required (type and number). 
(d) Other additional works and/or Related Services are required to a chieve full 
delivery/completion. 
(e) Detailed activities to be performed by the Supplier, and any relevant activities by the 
Procurement Entity. 
(f) List of detailed functional guarantees covered by the Warranty and the specification 
of the liquidated damages to be applied if such guarantees are not met. 
 
83.6 The TS shall  specify all essential technical and performance chara cteristics and 
requirements, including guaranteed or acceptable maximum or minimum values, as 
appropriate. Whenever necessary, the Proc urement Entity shall include an additional ad -


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appropriate. Whenever necessary, the Proc urement Entity shall include an additional ad -
hoc Tender form (to b e an Attachment to the Letter of Tender), where the Te nderer shall 
provide detailed information on such technical performance characteristics concerning 
the corresponding acceptable or guaranteed values.] 
When the Procurement Entity requests that the Ten derer provides in its Tender a part or 
all of the Techni cal Specification s, technical schedules, or other technical information, 
the Procurement Entity shall specify in detail the nature an d extent of the required 
information and how it has to be presented by the Tenderer in its Tender. 
If a summary of the Tec hnical Specifications (TS) has to be provided, the Procurement


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If a summary of the Tec hnical Specifications (TS) has to be provided, the Procurement 
Entity shall prepare it to justify compliance with the requirements


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108 
 
83.7 There are existing standards that can serve as reference benchmark to procurement 
officers and user departments in writing technical specifications. For roads and bridges 
for example there is the Standard Specifications for road and bridge works issued by the 
Nigeria Roads and Highway Authority. For Buildings, there is the National Building 
Code. This is a set of minimum standards on building pre-design, designs, construction 
and post-construction stages with a view to ensuring quality, safety and proficiency in the 
building industry. For goods, the Standards Organization of Nigeria (SON) has issued 
catalogues that provide minimum standards applicable in Nigeria. They may be found at; 
http://www.arso-oran.org/wp-content/uploads/2014/09/Catalogue-of-Nigerian-Standards-


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http://www.arso-oran.org/wp-content/uploads/2014/09/Catalogue-of-Nigerian-Standards-
2005.pdf 
 
https://standards.lawnigeria.com/2019/07/18/standards-organisation-of-nigeria-son-
nigerian-standards-and-specifications/. 
 
Regarding food and drugs, the National Food and Drug Administration (NAFDAC) has 
developed several standards that provide a guide to approved food and drugs and related 
substances. See https://www.nafdac.gov.ng/resources/guidelines/  
https://www.nafdac.gov.ng/drugs/drug-guidelines/ 
https://www.nafdac.gov.ng/drugs/drug-regulations/ 
 
Regarding Environmental Protection , the National Environmental Standards and 
Regulation Enforcement Agency (NESREA) h as developed many regulatory instruments


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Regulation Enforcement Agency (NESREA) h as developed many regulatory instruments 
that can be a veritable guide in specification of st andards of relate d works or goods . 
Many other agencies  exist in other sectors  that support standards definition and 
specification.  
 
Procurement officers  are advised to regularly study related  regulatory instruments in 
sectors of their operation and consult them when writing up specifications.  
 
Contract Provisions in the STDs 
 84.1 Refer to the Standard Bidding Documents for Pro curements for the details of 
General Conditions and Special Conditions of Contracts. However,  please note that  
where there is a conflict between the provisions of the General Conditions of the Contract


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where there is a conflict between the provisions of the General Conditions of the Contract 
and those of the Special Conditions of the Contract, the provisions of the latter prevail.


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109 
 
SECTION 8 — CONTRACT MANAGEMENT AND 
PROCUREMENT REPORTING 
 
Contract Management, Delivery, and Payment 
 85.1 Effective management of contrac ts is essential to ensure that the  objectives of 
the procurement process are ac hieved and that all contractual obligations and activities 
are completed efficiently by both parties to the contract.  The Procurement function or the 
Technical Department conce rned must ensure that routine moni toring o f all cur rent 
contracts is maintained  so that prompt remedial or preventive action can be taken when 
problems arise or are foresee n. Ther e a re several post-contract is sues that  need to be 
addressed, monitored, and resolved before any contract is completed including: 
 
 · Contract Effectiveness;


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addressed, monitored, and resolved before any contract is completed including: 
 
 · Contract Effectiveness; 
 
 · Delivery and Inspections of Goods; 
 
 · Insurance Claims; 
 
 · Payments to the Supplier, Contractor, or Consultant; 
 
 · Performance Monitoring & Evaluation for Services and Works; 
 
 · Contractual Disputes; 
 
 · Delays in Performance; 
 
 · Claims for Damages; 
 
 · Taking over and Issuing Defect Liability Certificates of construction works; 
 
 · Installation and Commissioning of Equipment; 
 
 · Acceptance of Deliverables;  
 
 · Release of Performance Securities and Retention Monies; 
 
 · Contract Closure.


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 85.2 Contract  supervision and administration for goods will be undertaken by the 
Procurement & Store s D epartment or the Technical D epartment a s appropriate.  
Supervision and administration are straightforward in mos t contracts for goods. 
Monitoring delivery schedules, processing documents, and organizing/performing the 
inspection of goods are essential to ensure that the correct goods are delivered on time. 
 
 85.3 Contract supervision and administ ration o f works c ontracts are usually more  
complex than for goods due to the nature of works, the fact that they are usually 
implemented the outside, in remote areas, and that the circumstances (soil, climate) may 
be different than what was foreseen at the t ime the d etailed design of the works was


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be different than what was foreseen at the t ime the d etailed design of the works was 
made.  The daily control and supervision of such contract is usually the responsibility of a 
Supervising Engineer appointed or hired by t he Procuring Entity.  The Procuring Entity 
must therefo re ensure that it is kept in formed of progress and problems which arise 
through routine reports. The Supervising Engineer  is obliged to obtain approval from the 
Procuring Entity (the Procuring Entity) for major cont ract mana gement decisions ( e.g., 
issuing variation orders above a specified value, granting an extension of time, approving 
additional payments, issuing taking-over or defect liability certificates). 
Where necessary, the Procuring Entity should establish a multi-discipline monitoring and


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Where necessary, the Procuring Entity should establish a multi-discipline monitoring and 
evaluation team for periodic field inspection and monitoring of projects. 
 
 85.4 Where  the Bureau has  set prior review thresholds in th e procur ement 
regulations, no funds shall b e disbursed from the Treasury/Federat ion Account/ or a ny 
Bank account of any Procuring Entity for any procurement fa lling above  the set 
thresholds unless the chequ e, warrant , or other form of a t payment reques t is 
accompanied by a “Certificate of ‘No Objection’ to the award of Contract” duly issued by 
the Bureau. 
 
Interest in Delayed Payments Section 37 of the Public Procurement Act 
2007 as amended  
 
 85.5 Payment  for the procurement of goods , works, and s ervices s hall be settled


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2007 as amended  
 
 85.5 Payment  for the procurement of goods , works, and s ervices s hall be settled 
promptly and diligently. Any payment due for more  than sixty da ys from the date of the 
submission of the invoice, valuation certificate, or confirmation or authentication by the 
Ministry, Extra-Ministerial Office, government agency, parastatal, or corporation shall be 
deemed a delayed payment. All delayed payments sha ll attract intere st at the rate 
specified in the contract d ocument. All contrac ts shall in clude terms, specifying the 
penalty for late payment of more than nine days. 
 
 85.6 P ayment for works contracts will normally be made against Payment 
Certificates approved in strict accordance with the terms of the Contract.


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111 
 
 
Contract Performance 
 86.1 Monitoring Supplier’s or Contractor’s Obligations 
 
 The Supplier, Contractor, Service Provider, or Consultant’s performance against the 
contract must be monitored on a routine basis. The Supervising Department will: 
 
 -  Notify the Supplier, Cont ractor, Service Provider, or Consultant immediately in 
writing of any failings in performance and seek an agreed solution; 
 
 -  Update the contract file regularly to reflect the monitoring of performance; 
 
 -  Ensure that the Chief Executive or the Accounting Officer of the Procuring Entity 
and the Bureau are informed of any serious failings in performance. 
 
 86.2 Contract Termination  
 
 Both parties to the contract nor mally have the right to term inate the contract, but to


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Both parties to the contract nor mally have the right to term inate the contract, but to 
protect the Procuring Entity, the advice of the Legal Department and the Bureau sho uld 
always be sought if the Procuring Entity is considering such action. 
 Contracts should not normally be terminated  without ex amining al l possib le 
alternatives unless the termination is agreed upon by all parties to the contract. Procuring 
Entity must therefore examine the Contract carefully to be aware of all contract 
conditions, penalties, and payments r elating to the Co ntract Termination. The advice of 
the Legal Department should also be taken into consideration in the  preparation of a ny 
correspondence and settlement of any contractual penalties. 
 
 86.3 Contract Amendment


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correspondence and settlement of any contractual penalties. 
 
 86.3 Contract Amendment 
 
 Contract amendment may become necessary as a re sult of the applicat ion o f 
additional or reduced requirements by the Procuring Entity , agree ments to e xtend the 
schedule, or accepted increases or decreases in prices. 
 
 The Supervising Department will: 
 
 -  Identify and agree with the Supplier, Contractor, Service Provider, or Consultant the 
specific clauses in the contract whic h need to be changed, and the new values or terms 
and conditions which are to apply;


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 -  Prepare a draft contract amendment document for approval by the relevant authority 
together with a report justifying the reasons for the amendment; 
 
 -  Obtain approval from the relevant authority (and no  objection to the amendment of 
Contract terms from the Bureau); 
 
 -  Distribute copies in the same way as the original contract.


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113 
 
 
SECTION 9—DISPOSAL OF PUBLIC PROPERTY 
Public Procurement Act – Sections 55 & 56 
 
Disposal of Public Property 
 87.  Open competitive bidding shall be the primary source of receiving offers for the 
purchase of any public propert y offered for sal e. The Bureau sha ll with the approval of 
the Council: 
 
 -  Determine the applicable policies and prac tices concerning the disposal of all 
public property; 
 
 -  Issue guidelines detailing operational principles and organizational modalities to 
be adopted by all procuring entities engaged in the disposal of public property; 
 
 -  Issue standardized documents, monitor implementation, enforce compliance , and 
set reporting standards that shall be used by all procuring entities invol ved in the 
disposal of public property.


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set reporting standards that shall be used by all procuring entities invol ved in the 
disposal of public property. 
 
Planning of Disposals 
 88.  Before slating any public property for disposal, the Accounting Officer (whether 
acting in his own authority or at the direction of any superior or other authority) in charge 
of any public property set for disposal shall authorize the preparation of a valuation report 
for such property by an independ ent Evaluator or such professional with the appropriate 
competence to carry out the valuation.   
 
 Disposal of assets whether or not lis ted in the Assets register of a Procuring Entity 
shall be planned and integrated into the income and e xpenditure budget projection of the 
Procuring Entity.


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shall be planned and integrated into the income and e xpenditure budget projection of the 
Procuring Entity. 
 
 Disposal of assets shall be timed to take place when the most adva ntageous returns 
can be obtained for the asset to maximize revenue accruing to the Procuring Entity.  
 
 All pr ocuring entities shall distribute responsibilities for the disposal of public 
property between the procurement unit and the Tenders Board. 
 
Disposal Methods


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 89.  Procuring Entity’s property, which is no longer need ed, may be disposed of per 
the methods indicated below:  
 
 • Trade-in  
Property may be traded in on other similar equipment; i.e ., office equipment traded on 
other office equipment and scientific equipment traded on other scientific equipment. 
 
 If the estimated value of t he new equipment being purchased (without the trade -in) 
exceeds the amount for which competitive quotations must be solicited, then: 
 -  The procurement must be competed. 
  
 -  Both the item to be purchased and the item to be traded in are listed separately on the 
solicitation. 
 
 -  The low bidder is determined by subtracting the price  offered on the trade-in from 
the price of the new equipment.  
 
• Sales to other governmental agencies


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the price of the new equipment.  
 
• Sales to other governmental agencies  
 
 Sales of surplus property may be ma de to other governmental agencies at a fair 
market price.  
 
• Public Auctions  
 
 A public auction may be held to dispose of surplus proper ty. Auction notices 
should be placed in area papers and the services of an auctioneer obtained.  
 
• Sales by Sealed Bid  
 
 Property may  be sold on seale d bid (Invitation for Bids). This procedure is 
handled similarly to the purchase of goods except of cour se that the award is 
made to the highest bidder.  
 
• Negotiated Sale  
 
 If competitive methods (public auctions or sea led bids) have be en at tempted 
with no success, it may be sold at a negotiated price.  
 
• Set Price


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 If other methods are not practicable , surplus propert y may be priced at a  fair 
market value and offered for sale to the public on a first-come, first-served 
basis. The time and place of these sales should be advertised so that the public 
is aware of the sale.  
 
Destruction or Abandonment 
 90.  Property that is unusable and determined to have no commercial value, or that 
the cost of sale would ex ceed the expected returns, ma y be  destroyed or  abandoned. 
Documentation should be made of this property and signed by the person w ho destroyed 
the property as well as by the Chief Executive.   
 
Documentation 
 91.  As with other procurement-related actions, actions taken to dispose of surplus


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Documentation 
 91.  As with other procurement-related actions, actions taken to dispose of surplus 
property must be fully documented to indicate the why, who, what, when, where , and 
how of the transaction.  
 
Approval. 
 92.  Federally funded acquisitions often carry stipulations regarding disposal.  These 
stipulations should be reviewed before disposing of equipme nt that was originally 
purchased with federal funds.


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116 
 
 
SECTION 10 — PROCUREMENT REPORTING 
 
 93. The r outine reporting of procurement activity is essential for procurement 
planning and budgeting, and the monitoring and tra cking of procurem ent.  Pending the 
introduction and full operation of a Management Information System in each of  the 
Procuring Entit ies, regular monthly reporting of procurement to the Chief 
Executives/Permanent Secretaries is required. 
  
 94. Monthly Repo rt of Procurement  shall be submitted to the Bureau by each 
Procuring Entity  highlighting procurement in process i.e., procurements which have 
passed the initial stage of approval during the month; c ontracts signed i.e., all new 
contracts signed during the month together wi th any procurements which have been


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contracts signed during the month together wi th any procurements which have been 
canceled after receiving an  initial procurem ent approval by the relevant authority or 
canceled/terminated, and contracts completed, i.e.  Contracts completed during the month 
following the performance by  the supplier, co ntractor, service provider or consultant; 
final payment by the Procuring Entity, and the release of any performance security.


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117 
 
 
SECTION 11 — PROCUREMENT SURVEILLANCE AND REVIEW 
Sections 53 and 54 of the Public Procurement Act as amended. 
95. The Bureau may review and recommend for investigation by any 
relevant authority a ny matt er related  to the conduct of p rocurement proceedings by a 
Procuring Entity, or the conclusion o r operation of a procurement contract if it considers 
that a criminal investigation is necessary or desirable to pr event or detect a contravention 
of the Act. 
 
96. The Bureau may pursuant to the advice of a Procuring Entity, results of its revie w of 
a p rocurement or report of an investigation by a relevant government ag ency issue a 
variation order requiring a contractor at its  own expense to repai r, replace, or to do


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variation order requiring a contractor at its  own expense to repai r, replace, or to do  
anything in  his or her contract left undone or found to be carried out with infe rior or 
defective materials or with less skill and expertise than required by the contract award. 
 
97. The Bureau shall  if satisfied th at there has been a contravention of the  Act or any 
regulations concerning procurement proceedings or procurement contracts, take action to 
rectify the contravention which action shall include: 
a) Nullification of the procurement proceedings 
b) Cancellation of the procurement contract 
c) Change the award recommendation to reflect the right decision 
d) Ratification of anyth ing done concerning the proceedings which is 
consistent with any relevant provisions of the Act


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consistent with any relevant provisions of the Act 
98.  On completion of any investi gation, the relev ant authority shall,  if an offence is 
disclosed, take all necessary steps to commence prosecution and  inform the Bureau 
and Procuring Entity accordingly, but where no offence is disclosed, the file shall be 
closed, and the Bureau and Procuring Entity shall be duly informed. 
A Bidder may seek administrative review for any om ission or breach by a procuring 
or disposing entity under the provisions of the Act or any regulations or guidelines 
made under the Act or bidding documents. 
 
99. A complaint by a bidder against a procuring or disposing entity shall first be 
submitted in writin g to the accounting officer within 15 working days from the date


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submitted in writin g to the accounting officer within 15 working days from the date 
the bidder first became aware of the circumstances giving rise to the  complaint or 
should have become aware of the circumstances, whichever is earlier. 
The accounting officer shall: 
a)  On revie wing a c omplaint make a decision in writing within 15 working days 
indicating the corrective measures to be taken if any, including the suspension of


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118 
the proceedings where he deems it necessary and giving reasons for his decision; 
or  
b) Where the accounting officer does not make a decision within the period specified 
above or the bidder is not satisfied with the decision of the accounting officer, 
he/she may m ake a complaint to t he Bureau within 10 working days from the 
date of communication of the decision of the accounting officer. 
 
100. Upon receipt of a complaint, the Bureau shall promptly 
a) Give notice of the complaint to the affected Procuring Entity for its 
response and suspend any further ac tion on procurement proceedings 
until the Bureau has settled the matter; 
b) Unless the Bureau dismisses the complaint; 
- Prohibit a Procuring Entity from taking any further action;


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b) Unless the Bureau dismisses the complaint; 
- Prohibit a Procuring Entity from taking any further action; 
- Nullify in whole or in part an unlawful act or decision made by the Procuring 
Entity; 
- Declare the rul es o r pr inciples that govern the subject matter of the 
complaint 
- Revise an improper decision by the procuring or disposing entity or 
substitute the Bureau’s decision for such a decision 
101. Before taking any decision on a complaint, the Bu reau shall notify all  interested 
bidders and/or convene a Right of Reply meeting with all interested bidders and the 
affected procuring or disposing entity in attendance for a transparent discussion of all 
the issues raised in the complaint.


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the issues raised in the complaint. 
 
102. The Bureau sha ll make its decision  within 2 1 working  days after receiving the 
complaint, stating the reasons for its decisions and remedies granted, if any. 
 
103. Where the Bureau fails to render its decision within the stipulated time, or the bidder 
is not satisfied with the  decision of the Bure au, the bidder may appeal to the Federal 
High Court within 30 days after the receipt of the decision of the Bureau, or 
expiration of the time stipulated for the Bureau to deliver a decision.


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119 
 
 SECTION 12 — CODE OF CONDUCT FOR PROCUREMENT 
PROCEEDINGS 
104.  Public Procurement Act – Section 57 
a) The Bureau shall, with the approval of the Council, stipulate a Code of Conduct 
for all public officers, s uppliers, contractors, and service providers with regard to 
their standards of conduct acceptable  in matters involvin g th e pr ocurement and 
disposal of public assets. 
b) The conduct of all persons involved with public procurement, whether as an 
official of the Bureau, a Procuring Entity, supplier, contractor, or service provider 
shall at all times be governed  by principles of  honesty, accountability, 
transparency, fairness, and equity. 
c) All officers of the Bureau, members of Tenders Boards , and other p ersons tha t


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c) All officers of the Bureau, members of Tenders Boards , and other p ersons tha t 
may come to act re garding the conduct of public procurements shall subscribe to 
an oath as approved by Council. 
d) Where a transaction involves the procurement or disposal of public assets, the 
following principles shall apply: 
e) In carrying out their duties all public officers shall maintain the highest standard 
of ethical conduct in dealing with Contractor s and su ppliers a nd shall conduct 
their activities per the following Code of Ethics: 
f) all contractors, suppliers and their staff shall be dealt with in an equitable and 
business-like manner; staff shall declare any potential as well as actual conflicts 
of interest.


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business-like manner; staff shall declare any potential as well as actual conflicts 
of interest. 
g) The law and international regulations shall be fully complied with; any unlawful 
act is unacceptable, whatever the justification. Public Officers should reject any 
practice which is, or might reasonably be deemed to be, improper." 
105. Compliance with the Law 
 
Compliance with the law is the basis of sound business conduct. Although detailed 
knowledge of all applicable laws is not expected, public officers should take 
reasonable care to acquaint themselves with the main requirements of the Public 
Procurement Act 2007and other Laws, circulars, and guidelines that affect their area 
of business and seek assistance of BPP in case of doubt.


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of business and seek assistance of BPP in case of doubt. 
 
Unlawful acts are not acceptable whatever the justification. Good motives are not an 
excuse for committing illegal acts. Furthermore, the form that a transaction takes is of 
no significance in determining its acceptability - an illegal agreement, for example, is 
not rendered acceptable because it is made vaguely or informally.


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106. Compliance with Contractual Obligations 
 
Contractual agreements are considered to be fully binding. It is not acceptable to 
coerce/arm-twist a contractor or supplier to avoid compliance with the provisions of a 
contract. The same principle applies, of course, should the reverse situation occur. 
 
107. Accurate Records 
 
All procurement dealings, and in particular all payments and receipts, should be fully 
and accurately recorded. No individual public officer should take or permit others to 
take any action that would not accurately, fairly, and completely reflect the results of 
such transactions. No one should make false or misleading entries in any Entity’s 
record for any reason. 
 
108.  Abuse of Office


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record for any reason. 
 
108.  Abuse of Office 
 
Public Officers should not use their positions within their Entity for personal gain, nor 
should they use Entity’s funds or assets for unauthorized, or improper purposes. In 
particular public officers should not use their positions to exert improper influence 
over contractors or suppliers. The offer, payment, soliciting, and acceptance of bribes 
in any form are not acceptable under any circumstances. 
 
109. Declaration of Interest 
 
Any personal interest which may affect or be deemed by others to affect a public 
officer’s impartiality in any matter relevant to his duties should be declared to the 
Entity. The obligation is on the public officer to volunteer this information and not to 
wait until specifically asked.


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wait until specifically asked. 
 
Public Officers should inform their supervisor of any Directorships or Advisory 
positions which may be offered to them by other companies and they should obtain 
formal approval from their entity before accepting such positions. 
 
Public Officers should declare any Share-Holdings or other financial interest which 
they might have in companies that are contractors or suppliers to their entity. Public 
Officers should also notify their supervisor of close family members employed by 
contractors or suppliers to their entity. 
 
Specifically within the Procurement Departments/Units, the following shall apply:


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121 
 
110. Procurement Unit/Department Heads shall maintain Conflict of Interest Registers 
in which all their officers shall declare, by recording in the register, whenever they 
are likely to enter into a conflict of interest situation which may have an impact on 
their relationship with the Procuring Entity. 
 
111. Procurement Units shall maintain a departmental register, which will be updated 
half-yearly by procurement Unit heads. The register shall be presented to the 
accounting officer on an annual basis for review and signature. The register must be 
available for Unit Heads to complete should they become aware of a conflict 
involving themselves. 
 
112. These registers must include any entertainment or gifts offered or provided by


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involving themselves. 
 
112. These registers must include any entertainment or gifts offered or provided by 
contractors or suppliers whatever the value and any interests officers or their families 
may have in companies dealing directly or indirectly with the entity. It is strongly 
recommended that public officers include all items which could have or be construed 
to affect their relationship. Ideally, they should seek the approval of their Unit Head 
before accepting any gift or entertainment from third parties. 
 
113. Impropriety by Others 
 
Public Officers who become aware of, or suspect impropriety by others in connection 
with the conduct of an entity’s business, have a duty to report it to the appropriate


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with the conduct of an entity’s business, have a duty to report it to the appropriate 
official. Of particular concern is the role of 'information brokers'. Public Officers who 
are involved in standard contracts should be aware of the threat that information 
brokers pose to ethical business conduct and should report any approaches from 
brokers' representatives to the appropriate level of management. 
 
114. Contractor and Supplier Relations 
 
The procuring or disposing entity desires to maintain its reputation by meeting the 
highest standards of ethical conduct in all its dealings with contractors and suppliers. 
Accordingly, such contractors and suppliers should be informed of the ethical 
standards and code of ethics for public officers, especially those policies and


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standards and code of ethics for public officers, especially those policies and 
standards concerned with contractor and supplier relationships. The Code of Ethics on 
entertainment and gifts should be explicitly communicated to them.


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122 
 
115. Hospitality 
 
Public Officers must never allow themselves to get into a situation in which accepting 
hospitality from a supplier of goods or services influences their business decisions or 
causes others to perceive an influence. There are, nonetheless, cases in which 
accepting hospitality is appropriate for business reasons. When accepting an 
invitation from a supplier the key question to ask is, "what is the business purpose?" 
If there is no clear business purpose, then the offer should be declined. 
In all cases, public officers should inform their supervisors in writing of the event, 
including who attended, when and where the event took place, and why. 
 
116. Gifts 
 
Public Officers must never allow themselves to get into a situation in which accepting


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116. Gifts 
 
Public Officers must never allow themselves to get into a situation in which accepting 
a Gift from a contractor or supplier of goods or services influences their business 
decisions or causes others to perceive an influence. Consequently, the acceptance of 
business gifts by public officers is, as a general principle, discouraged. This not only 
affords a measure of protection for the Entity but also protects public officers against 
unfounded allegations of improper behaviour. 
 
In all cases, public officers should inform their supervisor in writing of the offer 
and/or acceptance of gifts. In the case of procurement or disposal officers, an 
appropriate entry should be made in the relevant Conflict of Interest Register.


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appropriate entry should be made in the relevant Conflict of Interest Register. 
 
Public Officers should consider with particular care any gifts or services which are 
provided by suppliers or contractors direct to their home or members of the family. 
Suppliers or contractors may, for example, attempt to circumvent Procuring Entity 
policies on gifts by saying that a gift is a "personal present to the children - nothing to 
do with business". Such a justification is almost always spurious and should be 
rejected. 
 
117. Corporate Gifts and Entertainment 
 
Management discretion needs to be exercised when a supplier or contractor offers 
substantial gifts or hospitality at the corporate level, e.g., a major contribution to an


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substantial gifts or hospitality at the corporate level, e.g., a major contribution to an 
Entity’s function, a valuable Contract Holdership for a competition or other activity at 
an entity’s club, or large-scale entertainment of Entity’s staff.


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123 
118. Improper Conduct by Contractors and Suppliers 
 
The Procuring or Disposal Entity should avoid dealing with contractors or suppliers 
of goods and services who adopt practices that the Entity would regard as unethical. 
Contractors should not be used to perform unacceptable practices on behalf of the 
Procuring Entity. 
 
119. Official Authorities 
 
All dealings with other government departments and agencies must be open and 
above suspicion. Statements and declarations to such bodies must be true and correct. 
Any payments made must be in line with the prevailing rules, regulations, and 
applicable law, and accounting for the receipt and disposition of funds must be per 
the facts. 
 
120. Whistle Blowing


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the facts. 
 
120. Whistle Blowing 
A person who raises a concern under this policy will not be at risk of losing his/her 
job or suffering any form of victimization or retribution from his/her organization as 
a result. This assurance does not however extend to those who are found to have 
raised a matter falsely or maliciously. 
If a person wishes to raise a concern anonymously or with his/her identity known to 
only specific persons, this will be respected. A Whistle Blower may wish to raise a 
concern in confidence under this Code. In that case, identity will not be disclosed 
outside the Special Investigation team without his/her consent.  
However, a situation may arise where it will not be possible to fully resolve an issue


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However, a situation may arise where it will not be possible to fully resolve an issue 
without revealing his/her identity, e.g., where you are required to give evidence in 
court. In such a case, the investigation team will dialogue with the whistle-blower on 
whether to proceed and how best to do so. 
A 24/7 confidential and secure hotline that provides an alternative means of raising 
concerns of a legal or ethical compliance nature in the public procurement or 
disposal process shall be established by each Procuring Entity and the Bureau.  
All reports will be handled confidentially, and a whistleblower or his/her company 
will not suffer any retribution for reports made in good faith.


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124 
Section 58 Public Procurement Act 2007 as amended   
(1) Any natural person not being a public officer who contravenes any provision of 
this Act commits an offence and is liable on conviction to a term of imprisonment 
not less than 5 calendar years but not exceeding 10 calendar years without an option 
of fine. 
(2) Any offence in contravention of this Act shall be tried by the Federal High Court 
or a tribunal set up by the Chief Justice of Nigeria. 
(3)  Prosecution of offences under this Act shall be instituted in the name of the 
Federal Republic of Nigeria by the Attorney-General of the Federation or such other 
officer of the Federal Ministry of Justice as he may authorize so to do, and in 
addition, without prejudice to the Constitution of the Federal Republic of Nigeria


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addition, without prejudice to the Constitution of the Federal Republic of Nigeria 
1999, he may:  
(a) after consultation with the Attorney-General of any state of the federation, 
authorize the Attorney-General or any other officer of the Ministry of Justice of that 
state; or  
(b) if the relevant authority so requests, authorize any legal practitioner in Nigeria to 
undertake such prosecution directly or assist therein. 
(4) The following shall also constitute offences under this Act:  
(a) entering or attempting to enter into a collusive agreement, whether enforceable 
or not, with a supplier, contractor or consultant where the prices quoted in their 
respective tenders, proposals or quotations are or would be higher than would have


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respective tenders, proposals or quotations are or would be higher than would have 
been the case has there not been collusion between the persons concerned;  
(b) conducting or attempting to conduct procurement fraud by means of fraudulent 
and corrupt acts, unlawful influence, undue interest, favor, agreement, bribery or 
corruption;  
(c) directly, indirectly or attempting to influence in any manner the procurement 
process to obtain an unfair advantage in the award of a procurement contract;  
(d) splitting of tenders to enable the evasion of monetary thresholds set;  
(e) bid-rigging;  
(f) altering any procurement document with intent to influence the outcome of a 
tender proceeding; (g) uttering or using fake documents or encouraging their use; 
and


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125 
(h) willful refusal to allow the Bureau or its officers to have access to any 
procurement records. 
(5)  Any person who while carrying out his duties as an officer of the Bureau, or any 
procuring entity who contravenes any provision of this Act commits an offence and 
is liable on conviction to a cumulative punishment of: (a) a term of imprisonment of 
not less than 5 calendar years without any option of fine; and (b) summary dismissal 
from government services. 
(6) Any legal person that contravenes any provision of this Act commits an offence 
and is liable on conviction to a cumulative penalty of: (a) debarment from all public 
procurements for a period not less than 5 calendar years; and (b) a fine equivalent to 
25% of the value of the procurement in issue.


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25% of the value of the procurement in issue. 
(7) Where any legal person shall be convicted pursuant to subsection (4) of this 
Section, every director of the company as listed on its records at the Corporate 
Affairs Commission shall be guilty of an offence and is liable on conviction to a 
term of imprisonment not less than 3 calendar years but not exceeding 5 calendar 
years without an option of fine.  
(8)  An alternation pursuant to subsection 4(f) shall include: (a) insertion of 
documents such as bid security or tax clearance certificate which were not submitted 
at bid opening; and (b) request for clarification in a manner not permitted under this 
Act. 
(9)  Collusion shall be presumed from a set of acts from which it can be assumed


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


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


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1 
6. Contract Management 
Standard Operating Procedure (SOP) & Service Levels (SLAs) 
Version 1.0 | Dated 03 February 2026 
 
Purpose 
• Standardise post-award management to ensure delivery of outputs, control of variations, risk 
management, and documentation for audit and performance improvement. 
• Shift focus from contract signing to performance and value realisation. 
Scope 
• Applies from contract signature through completion, warranty/defects liability (where applicable), and 
final close-out. 
• Covers: kickoff, performance monitoring, variations, disputes, integrity controls, and reporting. 
Roles & Responsibilities (minimum) 
• Contract Manager (appointed by MDA): single point of accountability for contract performance (best 
practice; World Bank contract management guidance).


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practice; World Bank contract management guidance). 
• User Department/Technical Supervisor: verifies outputs and quality; issues interim performance 
certificates where applicable (PPA 2007 s.35(2)). 
• Procurement Unit: maintains contract records, change control logs, and supplier performance records 
(best practice; supports future procurement). 
• Finance Unit: processes payments against certified milestones; monitors late payment exposure (PPA 
2007 s.37). 
• Legal Unit: manages disputes, claims, and contract amendments. 
• BPP: may conduct post reviews; may declare misprocurement if procedures not followed (Goods & 
Works Regs 2007 on misprocurement; PPA 2007 s.5-6). 
Procedure (What to do, when, why, and how)


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Works Regs 2007 on misprocurement; PPA 2007 s.5-6). 
Procedure (What to do, when, why, and how) 
1. Create a Contract Management Plan (CMP) before or at contract signature: roles, reporting, KPIs, risks, 
inspection schedule, acceptance tests, payment milestones, and change-control process (World Bank 
Contract Management Guidance). 
2. Hold a contract kickoff meeting within 10 working days of signature (recommended SLA; best practice) to 
confirm deliverables, schedule, communication channels, and documentation standards. 
3. Maintain a contract file: signed contract, securities, correspondence, meeting minutes, approvals, 
performance reports, certificates, invoices, and payment evidence (PPA 2007 s.38; Regs 2007 para 16 
retention).


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performance reports, certificates, invoices, and payment evidence (PPA 2007 s.38; Regs 2007 para 16 
retention). 
4. Monitor performance against KPIs: cost, time, quality, safety, and social/environmental obligations 
where specified (OECD and World Bank performance focus). 
5. Administer variations strictly: require written variation request, impact assessment (cost/time), 
approvals per delegation, and update CMP; avoid material scope changes that undermine competition 
(good practice; supports PPA 2007 principles). 
6. Manage integrity risks: monitor conflicts of interest, gifts/hospitality, and collusion signals; report 
suspected fraud/corruption to relevant authorities (PPA 2007 offences; OECD integrity).


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7. Manage claims and disputes early: maintain issues log; use contractual dispute resolution procedures; 
preserve evidence. 
8. Conduct regular site visits/inspections and document findings; use checklists tied to contract 
requirements (World Bank contract monitoring guidance). 
9. Maintain supplier performance records for future reference (World Bank supplier relationship 
management concepts). 
10. Close out contract: verify completion, final acceptance, final account reconciliation, release of 
guarantees per contract, and lessons-learned report. 
Required Records / Evidence 
• Contract Management Plan (CMP) and KPI dashboard. 
• Kickoff meeting minutes and action log. 
• Site visit/inspection reports and test results. 
• Variation/change orders and approvals.


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• Site visit/inspection reports and test results. 
• Variation/change orders and approvals. 
• Issues, risks, and disputes log. 
• Supplier performance evaluation at completion. 
Key Controls (Integrity, Value-for-Money, Compliance) 
• Milestone-based certification before payment: no payment without a required performance certificate 
where applicable (PPA 2007 s.35(2)). 
• Change control: ensure all variations are approved and documented; monitor the cumulative variation 
value (best practice). 
• Payment discipline: monitor days since invoice/valuation certificate; flag approaching 60-day delayed-
payment threshold (PPA 2007 s.37(2)). 
• Transparency and audit readiness: maintain complete files; enforce record retention (PPA 2007 s. 38; 
Regs 2007 para 16).


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Regs 2007 para 16). 
Service Levels (SLAs) & Statutory Timelines 
Process point SLA / timeline Source Notes / evidence 
Interim payments after 
mobilization 
No further payment 
without interim 
performance certificate 
PPA 2007 s.35(2) Certificate uploaded before 
payment 
Delayed payment definition >60 days from 
invoice/valuation 
certificate/confirmation 
PPA 2007 s.37(2) Platform should auto-flag 
day 45/60 
Late-payment interest clause Contracts must specify 
interest for late 
payment >60 days 
PPA 2007 s.37(4) Verify clause at contract 
setup 
Record retention ≥10 years Regs 2007 para 
16; PPA 2007 
s.38 
Applies to contract file 
Minimum Compliance Data Points for an Exceptions-Reporting Platform 
• CMP existence (yes/no) + upload date; KPI set (yes/no).


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• CMP existence (yes/no) + upload date; KPI set (yes/no). 
• Invoice dates, certification dates, payment dates (auto-compute days outstanding). 
• Variation log: count, value, approval level, cumulative % change. 
• Inspection schedule and reports; non-conformance and corrective actions. 
• Supplier performance rating at close-out.


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1. Need Identification 
Standard Operating Procedure (SOP) & Service Levels (SLAs) 
Version 1.0 | Dated 03 February 2026 
 
Purpose 
• Standardise how Ministries, Departments and Agencies (MDAs) define procurement needs to ensure 
legality, value for money, and alignment with budgets and service delivery. 
• Create a clear audit trail from the problem statement to the specification/requirements to the 
procurement plan to the solicitation. 
Scope 
• Applies to all procurement of goods, works and services by Federal MDAs subject to PPA 2007. 
• Covers: problem definition, needs assessment, options analysis (make/buy/lease), and approval into 
the annual procurement plan. 
Roles & Responsibilities (minimum)


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the annual procurement plan. 
Roles & Responsibilities (minimum) 
• User Department: defines business need, outcomes, and acceptance criteria; confirms budget line 
availability. 
• Procurement Planning Committee (PPC): conducts needs assessment and evaluation; identifies 
goods/works/services required; performs cost implication analysis; aggregates requirements; integrates 
into yearly budget (PPA 2007 s.18; s.21). 
• Accounting Officer: overall responsibility and personal accountability for compliance; ensures adequate 
appropriation; prevents bid-splitting; constitutes evaluation committee (PPA 2007 s.20). 
• Procurement Unit: provides technical procurement advice; maintains records; prepares draft 
procurement plan and timelines (Good practice; consistent with PPA 2007 s.19 & s.38).


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procurement plan and timelines (Good practice; consistent with PPA 2007 s.19 & s.38). 
• Tenders Board: provides approvals within applicable thresholds (PPA 2007 s.22). 
• BPP: sets standards and may review procurements above prior-review thresholds; may require 
evidence for review (PPA 2007 s.5–6; Goods & Works Regs 2007 on BPP review). 
Procedure (What to do, when, why, and how) 
1. Open a 'Need Identification File' and assign a unique reference ID (good practice; supports PPA 2007 
record-keeping duties in s.38). 
2. Define the problem and intended outcomes (service level, beneficiaries, location, timeframe). Document 
why procurement is necessary versus internal provision (best practice: value-for-money and options 
analysis).


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why procurement is necessary versus internal provision (best practice: value-for-money and options 
analysis). 
3. Conduct a structured needs assessment: quantify demand, define functional requirements, and identify 
risks (PPA 2007 s.18(a)-(c)). 
4. Confirm budget availability and procurement permissibility: verify appropriation, budget line, and that 
the requirement is not a split procurement designed to evade thresholds (PPA 2007 s.20(c) & s.20(e)). 
5. Identify procurement category and strategy: goods/works/services; consider aggregation across 
departments to achieve economies of scale (PPA 2007 s.18(d)).


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6. Draft a high-level specification/terms of reference emphasising objective, functional and non-
discriminatory requirements (UNCITRAL Model Law 2011 principles; also supports open competition under 
PPA 2007 s.16 & s.24). 
7. Estimate cost and affordability: use market soundings and historical prices to produce a cost implication 
analysis and a realistic cost estimate (PPA 2007 s.18(c)). 
8. Determine preliminary procurement method and timeline consistent with statutory minimum timelines 
(e.g., 6-week bid advertising window for open competitive bidding) (PPA 2007 s.25(2); Goods & Works Regs 
2007 reg.49). 
9. Submit need package to the PPC for review and inclusion in the Annual Procurement Plan; obtain 
Accounting Officer approval (PPA 2007 s.18(g); s.19).


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Accounting Officer approval (PPA 2007 s.18(g); s.19). 
10. Publish/communicate the approved procurement plan internally; keep a change log for revisions (best 
practice; aligns with transparency and auditability). 
Required Records / Evidence 
• Need Identification Form (problem statement, outcomes, beneficiaries). 
• Needs Assessment Report (demand estimates, risks, options considered). 
• Preliminary specification / TOR (functional requirements). 
• Cost estimate and methodology (sources, assumptions). 
• Budget confirmation (appropriation/budget line evidence). 
• Annual Procurement Plan entry and approvals (PPC minutes; Accounting Officer sign-off). 
Key Controls (Integrity, Value-for-Money, Compliance)


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Key Controls (Integrity, Value-for-Money, Compliance) 
• Segregation of duties: the user department defines the need; the procurement unit advises; the PPC 
validates; the tenders board approves within thresholds. 
• Anti-splitting control: check related requisitions and prior procurements to prevent evasion of 
thresholds (PPA 2007 s.20(e)). 
• Conflict-of-interest declaration for all staff involved (PPA 2007 s.57; OECD integrity principle). 
• Documented options analysis to justify procurement approach (World Bank PPSD concept; UNCITRAL 
value-for-money objective). 
Service Levels (SLAs) & Statutory Timelines 
Process point SLA / timeline Source Notes / evidence 
Establish PPC each financial 
year 
At start of each FY PPA 2007 s.21(1) PPC 
membership/appointment 
memo


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Establish PPC each financial 
year 
At start of each FY PPA 2007 s.21(1) PPC 
membership/appointment 
memo 
Record keeping for 
procurement file 
Create at need stage; 
retain 
PPA 2007 s.38; 
Goods & Works 
Regs 2007 para 
16 
Retention ≥10 years (Regs 
2007 para 16) 
Statutory bid advertising 
window (to plan backwards) 
≥6 weeks before bid 
deadline 
PPA 2007 s.25(2); 
Regs 2007 
reg.49-52 
Affects scheduling even at 
need stage 
Minimum Compliance Data Points for an Exceptions-Reporting Platform 
• Need ID, MDA, user department, budget line, and approval dates. 
• Procurement category and method (draft) + planned milestones. 
• Aggregation decision (yes/no) and rationale (PPA 2007 s.18(d)). 
• Estimated cost and basis (quotes/historical/indices).


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• Conflict-of-interest declarations logged (PPA 2007 s.57). 
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 
BPP Internal Regulator SOPs & Configurable SLAs 
Regulatory Service Standards Across the Public Procurement Lifecycle (8 Topics) 
Version: Draft v0.1  |  Date: 2026-02-03 
Prepared for: Bureau for Public Procurement (BPP), Federal Republic of Nigeria 
Purpose: Internal regulator operating procedures and configurable turnaround standards (SLAs)


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How to use this document 
• This document defines **internal BPP regulatory processes** (what BPP does as a 
regulator, not as a procuring entity) and the **service standards (SLAs)** BPP commits to 
for predictable, transparent oversight. 
• Where Nigerian extant rules specify a time requirement, it is marked as **Legal/Extant 
requirement** with an in-line reference. 
• Where Nigerian extant rules do **not** specify a time requirement (common for many ‘No 
Objection’ workflow steps), this document proposes **Configurable internal targets**. 
These are *not legal mandates* and should be set by BPP management and reviewed 
periodically. 
• All SLAs assume **complete and correct submissions**. The ‘clock’ pauses when BPP issues


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periodically. 
• All SLAs assume **complete and correct submissions**. The ‘clock’ pauses when BPP issues 
a request for clarification/additional information and resumes upon receipt. 
• Each SLA is designed to be **configurable parameters** in an Exceptions Reporting / 
Oversight Platform (e.g., target days, escalation thresholds, exception codes). 
Regulatory model adopted 
• **Standard Setting**: issuing templates, checklists, and guidelines; clarifying interpretation; 
building capacity. 
• **Compliance Information Gathering**: collecting procurement plans/records; validating 
disclosures; conducting audits/inspections; maintaining databases. 
• **Behaviour Modification**: feedback loops, corrective actions, sanctions referrals, 
transparency incentives, and performance benchmarking.


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transparency incentives, and performance benchmarking. 
Definitions (operational) 
• **Complete submission**: package includes required documents, signatures, approvals, 
and data fields for the relevant request type; otherwise treated as ‘incomplete’. 
• **Prior review / ‘No Objection’**: BPP review/certification where procurement values 
exceed applicable thresholds, or where otherwise required by extant policy/threshold 
guidance. [PPA 2007 s.16(1)(a)-(d); thresholds circular] 
• **Administrative review (bidder complaint)**: bidder complaint escalation to BPP after 
accounting officer decision; BPP must decide within a legal timeline. [PPA 2007 s.54(6)] 
• **Disclosure validation**: verification/approval of procurement information prior to


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• **Disclosure validation**: verification/approval of procurement information prior to 
publication on NOCOPO. [BPP Open Contracting Disclosure Guideline, s.6(c)–7] 
• **Working day**: official working day (excluding public holidays/weekends), consistent 
with common practice in BPP standard bidding documents. 
Core regulatory service catalogue 
Service family Typical request types 
(examples) 
Primary outputs 
Guidance & standard setting Standard bidding documents, 
standard forms, 
interpretation notes, 
Guideline/SBD issuance; 
advisory response; published 
FAQ/clarification


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3 
Service family Typical request types 
(examples) 
Primary outputs 
helpdesk responses 
Prior review & certification Review of procurement plans 
(as required), review of 
solicitation documents (as 
required), issuance/refusal of 
Certificate of ‘No Objection’ / 
compliance certification 
Certificate; query letter; 
refusal letter with reasons; 
corrective actions 
Transparency & disclosure NOCOPO data/document 
validation, redaction checks, 
publication approval 
Validated disclosure; return 
for correction; publication log 
Monitoring, audit & 
enforcement 
Post review/audit, 
inspections, exception 
investigations, sanctions 
referrals 
Audit report; corrective 
action plan; referral; 
sanctions recommendation 
Dispute & complaint 
resolution 
Administrative review


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action plan; referral; 
sanctions recommendation 
Dispute & complaint 
resolution 
Administrative review 
complaints, stakeholder 
petitions 
Decision within statutory 
timeline; remedies; 
directions to procuring entity


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4 
SLA architecture for configuration in an Oversight Platform 
Common SLA parameters (to configure) 
• SLA_START_EVENT: e.g., ‘Complete submission received’ (timestamped). 
• SLA_STOP_EVENT: e.g., ‘Decision issued’ / ‘Certificate issued’ / ‘Complaint decision issued’. 
• CLOCK_PAUSE_EVENTS: ‘Clarification requested’, ‘Awaiting MDA response’, ‘Awaiting 
external expert review’, ‘Awaiting legal review’. 
• SLA_TARGET_DAYS: integer (working days) per request type and complexity band. 
• ESCALATION_1_AT: % of SLA consumed (e.g., 70%) to notify team lead. 
• ESCALATION_2_AT: % (e.g., 90%) to notify director/management dashboard. 
• EXCEPTION_CODES: completeness defects, scope creep, missing approvals, suspected fraud, 
litigation hold, etc.


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• EXCEPTION_CODES: completeness defects, scope creep, missing approvals, suspected fraud, 
litigation hold, etc. 
• EVIDENCE_FIELDS: mandatory metadata captured for audit trail (request ID, threshold band, 
method, value, MDA, dates, decision-maker). 
Complexity bands (recommended) 
Band Definition (examples) Typical handling approach 
A – Standard/Low complexity Standard goods/non-
consulting services; no novel 
risks; clean documentation 
Template-driven checklist 
review 
B – Medium complexity Works with moderate 
technical risk; multiple lots; 
borderline responsiveness 
issues 
Checklist + specialist review 
C – High complexity Complex works/EPC; major 
ICT; PPP-like structures; high 
value; multiple stakeholders 
Multi-disciplinary panel; 
legal/technical review


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ICT; PPP-like structures; high 
value; multiple stakeholders 
Multi-disciplinary panel; 
legal/technical review 
D – High-risk/Integrity red 
flags 
Collusion allegations; single-
source justification; repeated 
exceptions; audit flags 
Enhanced scrutiny + 
enforcement pathway


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5 
Need Identification 
Regulatory intent (BPP role) 
• Standard setting: define minimum documentation, templates, and quality gates for this 
stage. 
• Compliance information gathering: define what data/documents must be reported to 
BPP/NOCOPO and when. 
• Behaviour modification: define how BPP uses exceptions, audits, and transparency to 
improve compliance and deter abuse. 
Regulatory services and decision points 
• Issue guidance on whatever **needs justification** and linkage to 
appropriation/procurement plan. [PPA 2007 s.16(1)(b)] 
• Define ‘red flags’ for demand inflation/splitting and prescribe exception indicators. 
• Provide advisory opinions on whether proposed procurement is within scope and compliant 
(non-binding unless escalated to enforcement).


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(non-binding unless escalated to enforcement). 
Internal SOP (BPP) – process steps 
1. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
2. Perform a **completeness check** against the stage-specific checklist; if incomplete, issue 
a deficiency notice and pause the SLA clock. 
3. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
4. Conduct a substantive review using standardised checklists and decision rules, document 
findings and evidence. 
5. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock. 
6. Prepare decision memo/output (advisory response, validation approval, compliance


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the SLA clock. 
6. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
7. Quality assurance (peer review / supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorization. 
8. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
MDA 
1 working day 
(configurable 
internal target) 
Internal target 
(no explicit 
statutory


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6 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplete 
status + deficiency list 
2 working days 
(configurable 
internal target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identification / 
market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working days 
(configurable 
internal target) 
Internal target 
Platform configuration – data fields and exception signals 
• Mandatory metadata: MDA, project title, procurement category, method, estimated value, 
threshold band, complexity band, risk flags, submission completeness score. 
• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-


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• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-
maker; timestamps for each workflow step. 
• Exception signals (examples): scope/need mismatch to appropriation; unusual price 
variance; weak competition; repeated cancellations; high variation orders; delayed 
disclosures; complaint volume. 
• Auto-generated outputs: SLA countdown; escalation alerts; dashboards (per MDA, per 
method, per reviewer, per risk flag).


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7 
Market Research & Analysis 
Regulatory intent (BPP role) 
• Standard setting: define minimum documentation, templates, and quality gates for this 
stage. 
• Compliance information gathering: define what data/documents must be reported to 
BPP/NOCOPO and when. 
• Behaviour modification: define how BPP uses exceptions, audits, and transparency to 
improve compliance and deter abuse. 
Regulatory services and decision points 
• Set standard for market/price intelligence documentation and acceptable sources; maintain 
benchmarks where feasible. 
• Use NOCOPO and other datasets to publish reference price ranges and vendor capacity 
signals (where lawful and appropriate). 
• Define exceptions triggers: unjustified sole source, unexplained price variance, weak 
competition signals.


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• Define exceptions triggers: unjustified sole source, unexplained price variance, weak 
competition signals. 
Internal SOP (BPP) – process steps 
9. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
10. Perform a **completeness check** against the stage-specific checklist; if incomplete, issue 
a deficiency notice and pause the SLA clock. 
11. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
12. Conduct a substantive review using standardised checklists and decision rules, document 
findings and evidence. 
13. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock.


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13. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock. 
14. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
15. Quality assurance (peer review/supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorisation. 
16. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working day 
(configurable 
Internal target


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of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working day 
(configurable 
Internal target 
(no explicit


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8 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
MDA internal target) statutory 
time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplete 
status + deficiency list 
2 working days 
(configurable 
internal target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identification / 
market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working days 
(configurable 
internal target) 
Internal target 
Platform configuration – data fields and exception signals 
• Mandatory metadata: MDA, project title, procurement category, method, estimated value, 
threshold band, complexity band, risk flags, submission completeness score.


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threshold band, complexity band, risk flags, submission completeness score. 
• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-
maker; timestamps for each workflow step. 
• Exception signals (examples): scope/need mismatch to appropriation; unusual price 
variance; weak competition; repeated cancellations; high variation orders; delayed 
disclosures; complaint volume. 
• Auto-generated outputs: SLA countdown; escalation alerts; dashboards (per MDA, per 
method, per reviewer, per risk flag).


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9 
Solicitation: Tender Preparation & Publication 
Regulatory intent (BPP role) 
• Standard setting: define minimum documentation, templates, and quality gates for this 
stage. 
• Compliance information gathering: define what data/documents must be reported to 
BPP/NOCOPO and when. 
• Behaviour modification: define how BPP uses exceptions, audits, and transparency to 
improve compliance and deter abuse. 
Regulatory services and decision points 
• Publish and maintain BPP standard bidding documents (SBDs) and templates; provide 
interpretation notes. 
• Define minimum advertising/publication standards and evidence required in the file (e.g., 
adverts, media proofs). 
• Ensure disclosure timelines for tender-stage information are met via NOCOPO and validate


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adverts, media proofs). 
• Ensure disclosure timelines for tender-stage information are met via NOCOPO and validate 
them before publication. [BPP Open Contracting Disclosure Guideline 2019] 
Internal SOP (BPP) – process steps 
17. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
18. Perform a **completeness check** against the stage-specific checklist; if incomplete, issue 
a deficiency notice and pause the SLA clock. 
19. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
20. Conduct a substantive review using standardised checklists and decision rules, document 
findings and evidence.


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20. Conduct a substantive review using standardised checklists and decision rules, document 
findings and evidence. 
21. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock. 
22. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
23. Quality assurance (peer review/supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorisation. 
24. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement


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Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working 
day 
Internal target (no 
explicit statutory


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10 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
MDA (configurabl
e internal 
target) 
time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplet
e status + deficiency 
list 
2 working 
days 
(configurabl
e internal 
target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identificatio
n / market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working 
days 
(configurabl
e internal 
target) 
Internal target 
Prior-review / ‘No 
Objection’ 
substantive review 
(Band A) 
Standard, 
low 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
10 working 
days 
(configurabl
e internal 
target) 
Internal target; 
PPA requires 
certificate but not


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10 working 
days 
(configurabl
e internal 
target) 
Internal target; 
PPA requires 
certificate but not 
timeline for 
issuance [PPA 2007 
s.16] 
Prior-review / ‘No 
Objection’ 
substantive review 
(Band B) 
Medium 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
15 working 
days 
(configurabl
e internal 
target) 
Internal target 
Prior-review / ‘No 
Objection’ 
substantive review 
(Band C) 
High 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
20 working 
days 
(configurabl
e internal 
target) 
Internal target 
Enhanced integrity 
review (Band D) 
High-
risk/red-flag 
cases 
Decision + 
enforcement/audit 
trigger where 
warranted 
25 working 
days 
(configurabl
e internal 
target)


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cases 
Decision + 
enforcement/audit 
trigger where 
warranted 
25 working 
days 
(configurabl
e internal 
target) 
Internal target; 
may require 
pauses for 
investigations 
Certificate 
issuance after 
clearance 
Where 
decision is to 
issue 
certificate 
Certificate of ‘No 
Objection’ / 
compliance 
certificate issued 
2 working 
days 
(configurabl
e internal 
target) 
Internal target 
NOCOPO 
disclosure 
validation/approva
l 
Disclosure 
items 
uploaded by 
procuring 
Approve for 
publication / return 
for correction 
7 working 
days (extant 
guideline 
expectation) 
BPP Open 
Contracting 
Disclosure 
Guideline: MDAs


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11 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
entity should leave at 
least 7 full working 
days for BPP 
validation/approva
l [Guideline s.6(c)] 
Platform configuration – data fields and exception signals 
• Mandatory metadata: MDA, project title, procurement category, method, estimated value, 
threshold band, complexity band, risk flags, submission completeness score. 
• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-
maker; timestamps for each workflow step. 
• Exception signals (examples): scope/need mismatch to appropriation; unusual price 
variance; weak competition; repeated cancellations; high variation orders; delayed 
disclosures; complaint volume.


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variance; weak competition; repeated cancellations; high variation orders; delayed 
disclosures; complaint volume. 
• Auto-generated outputs: SLA countdown; escalation alerts; dashboards (per MDA, per 
method, per reviewer, per risk flag).


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12 
Supplier Selection: Submission & Evaluation 
Regulatory intent (BPP role) 
• Standard setting: define minimum documentation, templates, and quality gates for this 
stage. 
• Compliance information gathering: define what data/documents must be reported to 
BPP/NOCOPO and when. 
• Behaviour modification: define how BPP uses exceptions, audits, and transparency to 
improve compliance and deter abuse. 
Regulatory services and decision points 
• Set standard evaluation methodology, scoring templates, and documentation requirements 
(minutes, opening register, evaluation report). 
• Define record retention and reporting requirements; promote observer participation where 
applicable. [PPA 2007 s.19(b)] 
• Trigger targeted reviews/audits where evaluation anomalies appear (e.g., high


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applicable. [PPA 2007 s.19(b)] 
• Trigger targeted reviews/audits where evaluation anomalies appear (e.g., high 
disqualification rates, identical bids). 
Internal SOP (BPP) – process steps 
25. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
26. Perform a **completeness check** against the stage-specific checklist; if incomplete, issue 
a deficiency notice and pause the SLA clock. 
27. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
28. Conduct a substantive review using standardised checklists and decision rules, document 
findings and evidence. 
29. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock.


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29. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock. 
30. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
31. Quality assurance (peer review/supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorisation. 
32. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working day 
(configurable 
Internal target


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13 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
MDA internal target) statutory time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplete 
status + deficiency list 
2 working days 
(configurable 
internal target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identification / 
market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working days 
(configurable 
internal target) 
Internal target 
Prior-review / ‘No 
Objection’ 
substantive 
review (Band A) 
Standard, low 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
10 working 
days 
(configurable 
internal target) 
Internal target; 
PPA requires 
certificate but 
not timeline


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10 working 
days 
(configurable 
internal target) 
Internal target; 
PPA requires 
certificate but 
not timeline 
for issuance 
[PPA 2007 
s.16] 
Prior-review / ‘No 
Objection’ 
substantive 
review (Band B) 
Medium 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
15 working 
days 
(configurable 
internal target) 
Internal target 
Prior-review / ‘No 
Objection’ 
substantive 
review (Band C) 
High 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
20 working 
days 
(configurable 
internal target) 
Internal target 
Enhanced 
integrity review 
(Band D) 
High-risk/red-
flag cases 
Decision + 
enforcement/audit 
trigger where 
warranted 
25 working 
days 
(configurable 
internal target)


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flag cases 
Decision + 
enforcement/audit 
trigger where 
warranted 
25 working 
days 
(configurable 
internal target) 
Internal target; 
may require 
pauses for 
investigations 
Certificate 
issuance after 
clearance 
Where 
decision is to 
issue 
certificate 
Certificate of ‘No 
Objection’ / 
compliance 
certificate issued 
2 working days 
(configurable 
internal target) 
Internal target 
Administrative 
review decision 
(bidder complaint) 
Complaint 
escalated to 
BPP after 
accounting 
officer decision 
Written decision + 
remedies (if any) 
21 working 
days (LEGAL 
requirement) 
Public 
Procurement 
Act, s.54(6) 
[PPA 2007] 
Platform configuration – data fields and exception signals 
• Mandatory metadata: MDA, project title, procurement category, method, estimated value,


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• Mandatory metadata: MDA, project title, procurement category, method, estimated value, 
threshold band, complexity band, risk flags, submission completeness score.


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14 
• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-
maker; timestamps for each workflow step. 
• Exception signals (examples): scope/need mismatch to appropriation; unusual price 
variance; weak competition; repeated cancellations; high variation orders; delayed 
disclosures; complaint volume. 
• Auto-generated outputs: SLA countdown; escalation alerts; dashboards (per MDA, per 
method, per reviewer, per risk flag).


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15 
Contract Award Processes 
Regulatory intent (BPP role) 
• Standard setting: define minimum documentation, templates, and quality gates for this 
stage. 
• Compliance information gathering: define what data/documents must be reported to 
BPP/NOCOPO and when. 
• Behaviour modification: define how BPP uses exceptions, audits, and transparency to 
improve compliance and deter abuse. 
Regulatory services and decision points 
• Operate prior review and issue/refuse Certificates of ‘No Objection’ for procurements above 
applicable thresholds. [PPA 2007 s.16(1)(b); s.16(3)] 
• Enforce service-wide prior review thresholds (and updates) as approved and communicated. 
[Thresholds Circular 2022] 
• Publish award-stage disclosures and validate for NOCOPO publication. [BPP Open


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[Thresholds Circular 2022] 
• Publish award-stage disclosures and validate for NOCOPO publication. [BPP Open 
Contracting Disclosure Guideline 2019] 
Internal SOP (BPP) – process steps 
33. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
34. Perform a **completeness check** against the stage-specific checklist; if incomplete, issue 
a deficiency notice and pause the SLA clock. 
35. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
36. Conduct a substantive review using standardised checklists and decision rules, document 
findings and evidence. 
37. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock.


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37. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock. 
38. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
39. Quality assurance (peer review/supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorisation. 
40. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working 
day 
Internal target (no 
explicit statutory


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16 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
MDA (configurabl
e internal 
target) 
time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplet
e status + deficiency 
list 
2 working 
days 
(configurabl
e internal 
target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identificatio
n / market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working 
days 
(configurabl
e internal 
target) 
Internal target 
Prior-review / ‘No 
Objection’ 
substantive review 
(Band A) 
Standard, 
low 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
10 working 
days 
(configurabl
e internal 
target) 
Internal target; 
PPA requires 
certificate but not


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17 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
entity should leave at 
least 7 full working 
days for BPP 
validation/approva
l [Guideline s.6(c)] 
Platform configuration – data fields and exception signals 
• Mandatory metadata: MDA, project title, procurement category, method, estimated value, 
threshold band, complexity band, risk flags, submission completeness score. 
• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-
maker; timestamps for each workflow step. 
• Exception signals (examples): scope/need mismatch to appropriation; unusual price 
variance; weak competition; repeated cancellations; high variation orders; delayed 
disclosures; complaint volume.


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18 
Contract Management 
Regulatory intent (BPP role) 
• Standard setting: define minimum documentation, templates, and quality gates for this 
stage. 
• Compliance information gathering: define what data/documents must be reported to 
BPP/NOCOPO and when. 
• Behaviour modification: define how BPP uses exceptions, audits, and transparency to 
improve compliance and deter abuse. 
Regulatory services and decision points 
• Set minimum contract administration standards (change control, variation approvals, 
performance securities monitoring). 
• Define exception events that require notification to BPP (major variations, extensions, 
terminations, integrity incidents). 
• Enable post-review/audit focus in line with threshold guidance, emphasising increased


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• Enable post-review/audit focus in line with threshold guidance, emphasising increased 
monitoring/post-review. [Thresholds Circular 2022] 
Internal SOP (BPP) – process steps 
41. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
42. Perform a **completeness check** against the stage-specific checklist; if incomplete, issue 
a deficiency notice and pause the SLA clock. 
43. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
44. Conduct substantive review using standardised checklists and decision rules; document 
findings and evidence. 
45. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock.


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45. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock. 
46. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
47. Quality assurance (peer review/supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorisation. 
48. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working 
day 
Internal target (no 
explicit statutory


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19 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
MDA (configurabl
e internal 
target) 
time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplet
e status + deficiency 
list 
2 working 
days 
(configurabl
e internal 
target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identificatio
n / market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working 
days 
(configurabl
e internal 
target) 
Internal target 
NOCOPO 
disclosure 
validation/approva
l 
Disclosure 
items 
uploaded by 
procuring 
entity 
Approve for 
publication / return 
for correction 
7 working 
days (extant 
guideline 
expectation) 
BPP Open 
Contracting 
Disclosure 
Guideline: MDAs 
should leave at


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7 working 
days (extant 
guideline 
expectation) 
BPP Open 
Contracting 
Disclosure 
Guideline: MDAs 
should leave at 
least 7 full working 
days for BPP 
validation/approva
l [Guideline s.6(c)] 
Platform configuration – data fields and exception signals 
• Mandatory metadata: MDA, project title, procurement category, method, estimated value, 
threshold band, complexity band, risk flags, submission completeness score. 
• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-
maker; timestamps for each workflow step. 
• Exception signals (examples): scope/need mismatch to appropriation; unusual price 
variance; weak competition; repeated cancellations; high variation orders; delayed 
disclosures; complaint volume.


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Delivery & Payment 
Regulatory intent (BPP role) 
• Standard setting: define minimum documentation, templates, and quality gates for this 
stage. 
• Compliance information gathering: define what data/documents must be reported to 
BPP/NOCOPO and when. 
• Behaviour modification: define how BPP uses exceptions, audits, and transparency to 
improve compliance and deter abuse. 
Regulatory services and decision points 
• Set standards for acceptance, certification, and payment documentation; define minimum 
evidence for value-for-money checks. 
• Use disclosure and monitoring to detect ‘payment-before-delivery’, ghost deliveries, and 
excessive interim certificates. 
• Define reporting cadence for implementation and payments disclosure (e.g., quarterly in


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• Define reporting cadence for implementation and payments disclosure (e.g., quarterly in 
disclosure guidelines). [BPP Open Contracting Disclosure Guideline 2019] 
Internal SOP (BPP) – process steps 
49. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
50. Perform a **completeness check** against the stage-specific checklist; if incomplete, issue 
a deficiency notice and pause the SLA clock. 
51. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
52. Conduct substantive review using standardized checklists and decision rules; document 
findings and evidence. 
53. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock.


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53. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock. 
54. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
55. Quality assurance (peer review / supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorization. 
56. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working 
day 
Internal target (no 
explicit statutory


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21 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
MDA (configurabl
e internal 
target) 
time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplet
e status + deficiency 
list 
2 working 
days 
(configurabl
e internal 
target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identificatio
n / market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working 
days 
(configurabl
e internal 
target) 
Internal target 
NOCOPO 
disclosure 
validation/approva
l 
Disclosure 
items 
uploaded by 
procuring 
entity 
Approve for 
publication / return 
for correction 
7 working 
days (extant 
guideline 
expectation) 
BPP Open 
Contracting 
Disclosure 
Guideline: MDAs 
should leave at


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Review & Disposal 
Regulatory intent (BPP role) 
• Standard setting: define minimum documentation, templates, and quality gates for this 
stage. 
• Compliance information gathering: define what data/documents must be reported to 
BPP/NOCOPO and when. 
• Behaviour modification: define how BPP uses exceptions, audits, and transparency to 
improve compliance and deter abuse. 
Regulatory services and decision points 
• Set guidelines for disposal of public property and reporting standards; monitor compliance. 
[PPA 2007 s.55(4)(a)-(c)] 
• Define minimum process for disposal approvals, valuation evidence, and 
transparency/publication requirements. 
• Use audits and enforcement pathways for disposal irregularities. 
Internal SOP (BPP) – process steps


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• Use audits and enforcement pathways for disposal irregularities. 
Internal SOP (BPP) – process steps 
57. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
58. Perform a **completeness check** against the stage-specific checklist; if incomplete, issue 
a deficiency notice and pause the SLA clock. 
59. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
60. Conduct a substantive review using standardised checklists and decision rules, document 
findings and evidence. 
61. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock. 
62. Prepare decision memo/output (advisory response, validation approval, compliance


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the SLA clock. 
62. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
63. Quality assurance (peer review/supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorisation. 
64. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
MDA 
1 working day 
(configurable 
internal target) 
Internal target 
(no explicit 
statutory


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Service Applies to Output Target 
turnaround 
time 
Basis / source 
time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplete 
status + deficiency list 
2 working days 
(configurable 
internal target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identification / 
market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working days 
(configurable 
internal target) 
Internal target 
Platform configuration – data fields and exception signals 
• Mandatory metadata: MDA, project title, procurement category, method, estimated value, 
threshold band, complexity band, risk flags, submission completeness score. 
• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-


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Cross-cutting governance of SLAs 
Clock rules (recommended) 
• SLA starts only when the submission is complete and acknowledged as complete. 
• One consolidated clarification request is preferred; multiple sequential queries should be 
treated as an internal process defect unless justified. 
• Where external reviews are required (e.g., technical expert opinion), the case is tagged 
‘external dependency’, and the pause reason is recorded. 
• All SLA breaches must generate an automated ‘exception report’ with root cause categories 
(capacity, incomplete submission, policy ambiguity, integrity risk, external dependency). 
Review and continuous improvement 
• Quarterly SLA performance review: by service type, by MDA, by complexity band, by 
reviewer/team.


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• Quarterly SLA performance review: by service type, by MDA, by complexity band, by 
reviewer/team. 
• Annual review of SLA targets and checklists to reflect policy changes, capacity changes, and 
risk trends. 
• Publish a subset of performance metrics (where appropriate) to strengthen behaviour 
modification via transparency (aligned with open contracting objectives). [BPP Open 
Contracting Disclosure Guideline 2019] 
Reference key (sources used for in-line references) 
• PPA 2007 = Public Procurement Act, 2007 (Nigeria), especially s.6, s.16, and s.54. Source: 
PLAC Laws of Nigeria PDF.  
• Thresholds Circular 2022: OSGF Circular approving revisions to prior review & monetary 
thresholds (19 Jan 2022). Includes BPP prior review thresholds.


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thresholds (19 Jan 2022). Includes BPP prior review thresholds.  
• BPP Open Contracting Disclosure Guideline 2019 = Open Contracting Disclosure Guideline 
(BPP). Includes disclosure timelines and requirements for MDAs to leave at least 7 working 
days for BPP validation/approval.  
• NOCOPO portal = Nigeria Open Contracting Portal.


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1 
5. Contract Award Processes 
Standard Operating Procedure (SOP) & Service Levels (SLAs) 
Version 1.0 | Dated 03 February 2026 
 
Purpose 
• Define the steps from approval of evaluation recommendation to contract award notification, including 
statutory approvals and transparency requirements. 
• Ensure awards are made only after required approvals and (where applicable) BPP Certificate of No 
Objection. 
Scope 
• Applies from evaluation report endorsement through award notification and contract signature. 
• Covers goods/works and services; includes standstill/complaints handling where applicable. 
Roles & Responsibilities (minimum) 
• Tenders Board: approves award within its threshold; recommends to higher approving authority where 
required (PPA 2007 s.22; s.17).


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required (PPA 2007 s.22; s.17). 
• Accounting Officer: obtains approvals; executes contract agreements; announces and publicizes award 
(PPA 2007 s.19(d), (i), (j)). 
• BPP: issues 'Certificate of No Objection to Contract Award' for procurements within prior review 
thresholds (PPA 2007 s.19(h); s.16 provisions on BPP powers). 
• Legal Unit: prepares contract agreement and ensures securities/guarantees are in place (best practice; 
supports PPA 2007 s.36 and s.37). 
• Finance Unit: confirms funding and payment terms; ensures late-payment interest clauses are included 
(PPA 2007 s.37(4)). 
Procedure (What to do, when, why, and how) 
1. Confirm award recommendation is based on lowest evaluated responsive bid (goods/works) or valid


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1. Confirm award recommendation is based on lowest evaluated responsive bid (goods/works) or valid 
services selection method and published criteria (PPA 2007 s.24(3); s.49-52 for services). 
2. Tenders Board reviews and approves (or escalates) the evaluation report and recommendation (PPA 
2007 s.22). 
3. Where within prior-review thresholds, submit the award package to BPP for review and obtain a 
Certificate of No Objection before award (PPA 2007 s.19(h)). 
4. Validate required securities and guarantees: bid security (if required) not exceeding 2% of bid price (PPA 
2007 s.26); performance guarantee as applicable (PPA 2007 s.36). 
5. Prepare award notification and issue to successful bidder; notify unsuccessful bidders and provide 
debriefing upon request (PPA 2007 s.19(e)).


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debriefing upon request (PPA 2007 s.19(e)). 
6. Publish/announce award in the required format and channels per BPP guidance (PPA 2007 s.19(j)). 
(Specific publication channels/timelines for award notices should be confirmed from current BPP 
circulars/guidelines.) 
7. Finalize and sign the contract agreement; ensure all material terms match the solicitation and winning 
bid; document any permitted clarifications (best practice; prevents scope creep).


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8. Set up the contract file and contract management plan (CMP) with performance indicators, reporting, 
and payment milestones (World Bank Contract Management Guidance; OECD performance focus). 
9. Archive the award package in the procurement record (PPA 2007 s.38; Regs 2007 para 16). 
Required Records / Evidence 
• Approved evaluation report and Tenders Board minutes. 
• BPP Certificate of No Objection (where applicable). 
• Award notification letter and bidder acknowledgements. 
• Debriefing records (requests and responses). 
• Signed contract agreement and all schedules. 
• Contract Management Plan (CMP) and KPI schedule. 
Key Controls (Integrity, Value-for-Money, Compliance) 
• No award without required approvals and BPP no-objection where applicable (PPA 2007 s.19(h)).


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• No award without required approvals and BPP no-objection where applicable (PPA 2007 s.19(h)). 
• Securities control: verify authenticity/validity of bank guarantees; store originals securely (PPA 2007 
s.26; s.36). 
• Transparency control: publish the award and retain evidence; enable debriefing (PPA 2007 s. 19(e), (j)). 
• Change-control: prohibit post-award material changes outside permitted variation rules; log all 
variations (PPA 2007 s.53(3) on variation orders by BPP in contravention contexts). 
Service Levels (SLAs) & Statutory Timelines 
Process point SLA / timeline Source Notes / evidence 
BPP no-objection 
requirement (where prior 
review applies) 
Must be obtained 
before award 
PPA 2007 s.19(h) Platform should block award 
without upload 
Mobilization fee cap (if


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Must be obtained 
before award 
PPA 2007 s.19(h) Platform should block award 
without upload 
Mobilization fee cap (if 
applicable) 
≤15% and only with 
unconditional 
guarantee 
PPA 2007 s.35(1) Record guarantee details 
Performance guarantee (if 
mobilization applies) 
≥10% of contract 
value OR ≥ 
mobilization fee, 
whichever higher 
PPA 2007 s.36 Verify before mobilization 
Bidder appeal to court after 
BPP decision 
≤30 days Goods & Works 
Regs 2007 para 
20; PPA 2007 
s.54(7) 
Track litigation risk 
Minimum Compliance Data Points for an Exceptions-Reporting Platform 
• Award recommendation date; approval date(s) and approving authority level. 
• BPP no-objection required? (yes/no) + certificate upload. 
• Award notification date to winner and date(s) to losers.


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• Award notification date to winner and date(s) to losers. 
• Award publication evidence upload and date. 
• Securities: bid security, performance guarantee, mobilization guarantee (amounts, issuers, validity 
dates). 
References (in-line citations appear in brackets) 
• Nigeria: Public Procurement Act, 2007 (PPA 2007). 
• Nigeria: Public Procurement (Goods and Works) Regulations, 2007.


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• 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). 
Uncertainty / Items to Confirm 
• Exact timelines for BPP issuance of 'Certificate of No Objection' and for award publication requirements 
may be specified in BPP circulars/manuals; confirm current SLA targets from BPP’s latest guidance and 
embed into the platform as configurable parameters.


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Synopsis of the “Nigeria First” Policy 
The "Nigeria First" procurement concept, officially known as the Renewed Hope Nigeria First 
Policy, is a strategic framework approved by the Federal Executive Council in May 2025 to prioritise 
indigenous businesses and locally manufactured goods in all government spending.  
Core Concept & Mandate 
The policy shifts public procurement from a purely administrative process to a strategic tool for industrial 
development. It mandates that all federal Ministries, Departments, and Agencies (MDAs) prioritise 
Nigerian companies for contract awards.  
• Mandatory Local Content: MDAs must buy Nigerian-made products whenever they are 
available locally. 
• Waiver Requirement: Any procurement of foreign goods or services must be backed by a


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available locally. 
• Waiver Requirement: Any procurement of foreign goods or services must be backed by a 
strong justification and a written waiver from the Bureau of Public Procurement (BPP). 
• Technology Transfer: When foreign contracts are unavoidable, they must include clauses for 
technology transfer, local production partnerships, or skills development for Nigerians.  
Six-Point Implementation Plan  
The federal government outlined a specific plan to drive this policy, focusing on several key pillars:  
1. Prioritisation: Putting Nigerian-made products first in all government purchasing. 
2. Monitoring: Launching a public quarterly compliance dashboard (scheduled for early 2026) 
to track adherence.


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2. Monitoring: Launching a public quarterly compliance dashboard (scheduled for early 2026) 
to track adherence. 
3. Quality Assurance: Strengthening the Standards Organisation of Nigeria and NAFDAC to 
ensure local products meet global standards. 
4. Financing: Providing manufacturers with better access to long-term, low-interest funding. 
5. Infrastructure: Resolving energy and logistics bottlenecks specifically for industrial clusters. 
6. Human Capital: Strengthening vocational skills and workplace safety across industries.  
Priority Sectors 
Energy, IT, furniture, automobile, textiles, healthcare, agriculture 
Strategic Objectives 
• Economic Rejuvenation: Aims to add an estimated ₦3 trillion to the Nigerian economy.


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Strategic Objectives 
• Economic Rejuvenation: Aims to add an estimated ₦3 trillion to the Nigerian economy. 
• Job Creation: Targets the creation of over 500,000 jobs by boosting the manufacturing sector. 
• Reducing Import Dependency: Seeks a 30% reduction in reliance on foreign imports by 
empowering local intermediaries. 
• Sanctions: Failure to comply can result in the cancellation of contracts and disciplinary action 
against responsible government officials.  
The policy is currently being formalised through an Executive Order to provide it with full legal backing, 
requiring the BPP to maintain a register of high-quality Nigerian manufacturers for MDAs to consult. 
 
Specific Provisions for Women-Led SMEs and Community Actors


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Specific Provisions for Women-Led SMEs and Community Actors  
While the core of the policy is broad industrialisation, it includes specific mechanisms to empower 
underserved groups:  
• Affirmative Procurement for Women-Led Businesses: The Bureau of Public Procurement 
(BPP) has introduced "Affirmative Procurement" guidelines that explicitly capture women-
owned businesses to ensure gender sensitivity in government spending. 
• Community-Based Procurement: The policy promotes grassroots procurement, where 
contracts are directed to local actors within their own localities to ensure economic benefits stay 
within the community. 
• SME Support & Mentorship: The policy mandates the Manufacturers Association of Nigeria


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within the community. 
• SME Support & Mentorship: The policy mandates the Manufacturers Association of Nigeria 
(MAN) to partner with SMEDAN to mentor MSME suppliers, specifically targeting youth and 
women-owned enterprises for integration into larger supply chains. 
• Access to Patient Capital: A key pillar includes providing long-term, low-interest 
financing through the Bank of Industry to help small and medium enterprises scale their 
production capacity. 
• Rural Economic Inclusion: It aims to enhance rural economic inclusion by strengthening 
backward linkages in agricultural value chains where community-based actors are most active.  
Implementation Roadmap 
The government has outlined a six-point implementation plan:  
1. Prioritising local products in all public buying.


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Synopsis of the “Nigeria First” Policy 
2. Public compliance dashboard (launching early 2026) to track MDA adherence. 
3. Quality improvement to build trust in "Made-in-Nigeria" brands. 
4. Long-term funding access for manufacturers. 
5. Reliable infrastructure, including steady power for industrial clusters. 
6. Logistics efficiency to reduce the cost of moving goods locally.  
Would you like to know the eligibility criteria for a women-led SME to register on the national database 
for these procurement opportunities? 
AI responses may include mistakes. Information may vary depending on location or individual 
circumstances.


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1 
2. Market Research & Analysis 
Standard Operating Procedure (SOP) & Service Levels (SLAs) 
Version 1.0 | Dated 03 February 2026 
 
Purpose 
• Define how MDAs gather and document market intelligence to improve specifications, cost estimates, 
procurement strategies, and competitive analysis. 
• Reduce procurement risk (single sourcing, unrealistic pricing, weak delivery performance) through 
evidence-based market analysis. 
Scope 
• Applies to all procurements at the planning stage and before solicitation. 
• Includes: market mapping, supplier outreach in a fair manner, price discovery, risk screening, and 
procurement strategy recommendations. 
Roles & Responsibilities (minimum) 
• Procurement Unit: leads market research; ensures equal access to information and prevents


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• Procurement Unit: leads market research; ensures equal access to information and prevents 
preferential treatment (PPA 2007 s.16; UNCITRAL fairness/competition). 
• User Department/Technical Team: defines technical requirements and performance outcomes; 
validates feasibility. 
• PPC: reviews cost implication analysis and affordability (PPA 2007 s.18(c)). 
• Legal Unit: checks compliance, conflicts of interest, and that engagements do not constitute pre-award 
commitments (good practice). 
• BPP: may set standard bidding documents and guidance; may review high-value procurements (PPA 
2007 s.5-6; Regs 2007 on use of SBDs). 
Procedure (What to do, when, why, and how) 
1. Define the market research question(s): availability, typical specifications, delivery timelines, cost drivers,


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1. Define the market research question(s): availability, typical specifications, delivery timelines, cost drivers, 
and key risks (best practice; aligns with value-for-money). 
2. Select appropriate methods: desk research, catalogues, historical spend, structured Request for 
Information (RFI), and non-binding supplier engagement sessions (World Bank PPSD approach). 
3. Apply integrity safeguards: publish/record all supplier engagement notices; do not share unequal 
information; keep minutes; require conflict-of-interest declarations (PPA 2007 s.57; OECD integrity). 
4. Map the supply market: identify potential suppliers/contractors/consultants, including SMEs and 
domestic providers where eligible (PPA 2007 domestic preference provisions; avoid discriminatory criteria).


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domestic providers where eligible (PPA 2007 domestic preference provisions; avoid discriminatory criteria). 
5. Conduct price discovery: gather indicative prices (at least 3 independent sources where possible) and 
document assumptions; treat quotes as non-binding (good practice). 
6. Assess market capacity and delivery risk: lead times, logistics, warranties, after-sales support, past 
performance signals, and concentration risk (World Bank contract management & supplier performance 
concepts). 
7. Derive procurement strategy inputs: packaging/lotting, qualification criteria, evaluation approach (lowest 
evaluated responsive bid for goods/works) (PPA 2007 s.24(3)).


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8. Update specification/TOR to be objective and functional; avoid brand names unless justified; document 
any proprietary constraints (UNCITRAL Model Law 2011 guidance on objective specifications). 
9. Update cost estimate and budget implication analysis for PPC review (PPA 2007 s.18(c)). 
10. Store market research report in the procurement file and link to the procurement plan entry (PPA 2007 
s.38 record keeping). 
Required Records / Evidence 
• Market Research Plan (questions, methods, timeline). 
• Supplier engagement logs (notices, attendance, minutes, Q&A). 
• Price benchmarking worksheet and sources. 
• Market risk assessment (capacity, concentration, logistics, FX exposure where relevant). 
• Revised specification/TOR and rationale for major changes.


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• Revised specification/TOR and rationale for major changes. 
Key Controls (Integrity, Value-for-Money, Compliance) 
• No pre-commitment: market research must not result in promises of award or preferential access (best 
practice). 
• Equal treatment: all materially relevant clarifications from engagement are documented and made 
available for the solicitation stage as needed (UNCITRAL transparency principle). 
• Integrity screening: check BPP debarment/blacklist lists where available; log results (Regs 2007 on BPP 
debarment powers; PPA 2007 offences & sanctions). 
• Record audit trail linking market research to estimate to solicitation documents. 
Service Levels (SLAs) & Statutory Timelines 
Process point SLA / timeline Source Notes / evidence 
Market research completed


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Process point SLA / timeline Source Notes / evidence 
Market research completed 
before solicitation approval 
Before IFB/RFP is 
finalized 
Best practice (WB 
PPSD; OECD) 
Attach report to file 
Record retention ≥10 years after 
contract signature 
Goods & Works 
Regs 2007 para 
16 
Applies to research artefacts 
in file 
If prequalification is used: 
clarification window 
Request ≥10 days 
before deadline; 
response ≤7 working 
days 
PPA 2007 s.23(4)-
(5) 
Plan market engagement 
timelines accordingly 
Minimum Compliance Data Points for an Exceptions-Reporting Platform 
• Market research report uploaded (yes/no) + date completed. 
• Count of suppliers identified; evidence of at least 3 price sources (where feasible). 
• Integrity screening results (debarment/blacklist checked) + date.


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• Integrity screening results (debarment/blacklist checked) + date. 
• Specification objectivity check (brand-neutral, functional) flag. 
• Updated cost estimate and variance vs initial estimate. 
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.


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Public Procurement Act, 2007: A Simplified Version 1 
 
 
 
 
 
 
 
 
 
 
 
 
Public Procurement Act, 
2007 
 
A Simplified Version  
 
 
 
 
 
 
 
 
 
 
 
 
 
Produced by  
 
PUBLIC AND PRIVATE DEVELOPMENT CENTRE  
 
 
 
 
 
 
 
 
 
With Support from PACT Nigeria ADVANCE Program


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Public Procurement Act, 2007: A Simplified Version 2 
A. Introduction 
 
A1 Purpose of the Simplified Version of the Public Procurement Act 
1. To present the provisions of the Act in a plain language for easy 
understanding 
2. To serve as a tools for enlightenment of citizens on the provisions of the 
Act. 
3. To serve as a quick reference guide to stakeholders in public procurement. 
 
A2 Procurement and Governance 
 
Public procurement is essential in the process of delivering public goods and services. 
Most government works and services are implemented through the process of 
procurement. Good and accountable governance therefore thrives when th e public 
procurement processes are governed by rules and effective institutions. To achieve


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procurement processes are governed by rules and effective institutions. To achieve 
this scenario, procurement laws are usually enacted and procurement oversight 
institutions established to regulate the practice of public procurement within 
governance and the participation of private sector actors such as contractors and 
consultants. 
 
A3 Procurement and socio-economic development 
The importance of public procurement is underscored by the fact that it is the means 
through which governments implement policies and programmes. In other words, 
procurement of public works, goods and services transforms government‟s 
programmes, policies, strategies and frameworks into concrete actions. 
 
Socio-economic development which is one of the very important ends of g overnment


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Socio-economic development which is one of the very important ends of g overnment 
is met when government reduces national plans, policies and strategies into 
appropriations in the public budgets. These appropriations in turn are implemented 
through the process of procurements whereby government through its institutions and 
agencies procures the services of contractors, suppliers and consultants to provide 
works, goods and services as envisaged in the appropriations. 
 
In this connection, public procurements play important roles in determining the extent 
to which government‟s soc ial and economic targets will be attained. The business of 
government is conducted through policies, plans and framework with the aimed of


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government is conducted through policies, plans and framework with the aimed of 
achieving socio -economic development. Policies include those on various sectors 
such as education and health, whilst frameworks include development targets such as 
the millennium development goals. All these are dependent on effective procurement 
systems to achieve their short, medium and long term goals. 
 
A4 Why the Public Procurement Act? 
Prior to return of democratic rule in 1999, rules governing public procurement were 
limited and mostly confined to administrative regulations and practices. Lack of 
uniformity and effective regulations and coordination of public procurement led to 
mismanagement of public funds, poor de velopment planning and ineffective delivery


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mismanagement of public funds, poor de velopment planning and ineffective delivery 
of public services. (See the table below)


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Public Procurement Act, 2007: A Simplified Version 3 
 Manifestation Impact 
Limited 
Competition  
(i). Secrecy in sharing procurement information with 
limited  or no advertising 
(ii). Lack of transparency 
(iii). Limited and ineffective public bidding 
(iv). Unclear evaluation and award criteria 
(v). Wrongful exclusion of qualified bidders 
(vi). Political interference and control in contract 
awards was predominant. 
(vii). Selective Tendering, Sole Source Contracting, 
contract price negotiations, were dominant 
practices rather than exceptions. 
(i). Absence of any form of 
participation of non -state actors 
in the procurement process. 
(ii). Hijack of the implementation of 
the public procurement by a few. 
(iii). Erosion of standards leading to 
poor implementation of


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the public procurement by a few. 
(iii). Erosion of standards leading to 
poor implementation of 
procurements and outputs. 
Absence of 
value for 
money 
 
(i). Absence of procurement planning. 
(ii). Limited or no prioritization  
(iii). Limited mandates given to tender boards 
(iv). Excessive advance payments 
(v). Delay in execution and cost over-runs 
(vi). Delay, uncertainty and some times non payment 
for jobs done. 
(vii). Inflation of prizes and costs. 
(i). Non-implementation of projects 
leading to stagnated development. 
(ii). Widespread public sector and 
corporate corruption stemming 
from a skewed procurement 
process. 
 
Limited 
Regulation of 
Procurement 
Procedures  
(i). Absence of inde pendent supervision and 
verification of compliance


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Regulation of 
Procurement 
Procedures  
(i). Absence of inde pendent supervision and 
verification of compliance  
(ii). Absence of data base of standard prizes 
(iii). Absence of transparent periodic reviews and 
evaluation. 
(iv). Lack of access to information by citizens and 
other non state actors and groups.  
(i). Increased corruption as a result of 
failed oversight and management 
of the procurement process. 
(ii). Lack of inter and intra agency 
coordination in public 
procurement. 
(iii). Lack of standards and uniformed 
practices.  
 
 
As part of its quest for effective governance and economic development, the Federal 
Government of Nigeria embarked upon far reaching institutional, legal and regulatory


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Government of Nigeria embarked upon far reaching institutional, legal and regulatory 
reforms between 2003 and 2007. In relation to the field of public procurement, the 
reforms seek to achieve legal and regulatory reforms as well as the harmonis ation of 
standards and practices and to achieve transparency, competitiveness and value for 
money in public procurements.1 
 
A5 Major strands of the Public Procurement Act 
 
1. Regulation of procurement: Institutional regulation through the Bureau for 
Public Procurement (BPP) established under the Act.2  
2. Standards: The establishment of common standards in procurement planning, 
methods, execution, enforcement and review. 
3. Access to information and participation: The Act allows for citizens to request


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3. Access to information and participation: The Act allows for citizens to request 
for documents relating to procurement process as well as participate as 
observers in the proceedings. 
4. Fighting corruption: The Act makes provisions that will not only set standards but 
will also identify and punish corrupt practices and unethical activities related to 
public procurement proceeding. 
 
                                                 
1 Section 4 of the Public Procurement Act 2007  
2 Section 3(1)


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Public Procurement Act, 2007: A Simplified Version 4 
 
1. PART I - ESTABLISHMENT OF NATIONAL COUNCIL ON 
PUBLIC PROCUREMENT 
 
1.1 National Council on Public Procurement  
 
1.1.1 What is National Council on Public Procurement?  
The National Council on Public Procurement is the governing body on  issues relating 
to public procurement in Nigeria. It is a high level organ with approval powers on 
issues relating to the administration and management of public procurement under the 
Public Procurement Act of 2007. 
 
1.1.2 Members of the National Council on Public Procurement 
 
The following are members of the National Council on Public Procurement (the 
Council) who are to be appointed by the President: 
a. The Minister of Finance as Chairman


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Council) who are to be appointed by the President: 
a. The Minister of Finance as Chairman 
b. The Attorney-General of the Federation and Minister of Justice  
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 Cham bers of Commerce, Industry, 
Mines and Agriculture 
iv. Nigeria Society of Engineers 
v. Civil Society 
vi. The Media 
vii. The Director-General of the Bureau who shall be the Secretary 
of the Council. 
 
1.1.3 Functions of the Council: 
 
The Council shall perform the following functions:


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of the Council. 
 
1.1.3 Functions of the Council: 
 
The Council shall perform the following functions: 
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 Bu reau 
of Public Procurement. 
e. Approve changes in the procurement process to adapt to im provements 
in modern technology. 
f. Give such other directives and perform such other functions as may be 
necessary to achieve the objectives of this Act. 
 
Notes: 
1. Members of the Council who hold public office shall cease to be members at


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Notes: 
1. Members of the Council who hold public office shall cease to be members at 
the expiration of their tenure or appointment in that other public office


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Public Procurement Act, 2007: A Simplified Version 5 
2. The Council can invite or co -opt other persons to att end its meeting but such 
person shall not have casting vote. 
3. Council only has approval powers. Formulation of policies is done by the 
Bureau of Public Procurement (BPP) 
4. The BPP serves as the secretariat of the Council. 
5. In principle, the Council ought to have limited oversight on BPP. 
 
2 PART II - ESTABLISHMENT OF THE BUREAU OF 
PUBLIC PROCUREMENT 
 
2.1 Bureau of Public Procurement (BPP) 
 
2.1.1 What is BPP?   
 
BPP is the Bureau of Public Procurement (also known as the Bureau) which is the 
agency charged with the implement ation of the Public Procurement Act and the 
regulation of every aspects of public procurement involving the federal government


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regulation of every aspects of public procurement involving the federal government 
and its agencies , as well as all projects involving other bodies where not less than 
35% of project costs is proposed to come from the Federal Budget. 
 
2.1.2 Features of BPP: 
a. BPP is set up as a body corporate (legal entity) with perpetual succession 
and a common seal 
b. As a legal entity, it may sue and be sued in its corporate name; and 
c. It can acquire, hold or dispose of any property, movab le or immovable for 
the purpose of carrying out any of its functions under this Act. 
 
2.1.3 The objectives of BPP are: 
a. The harmonization of existing government policies and practices 
on public procurement and ensuring probity, accountability and 
transparency in the procurement process.


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on public procurement and ensuring probity, accountability and 
transparency in the procurement process. 
b. The establishment of pricing standards and benchmarks. 
c. Ensuring the application of fair, competitive, transparent, value for 
money standards and practices for the procurement and disposal of 
public assets and services. 
d. The attainme nt of transparency, competitiveness, cost 
effectiveness. 
e. Professionalism in the public sector procurement system. 
 
2.1.4 Functions of the BPP:3 
The functions given to the BPP in the A ct can be divided into the following f ive 
categories: 
 
1. Public Procurement Policy Formulation, Management and Oversight 
(a) Formulate the general policies and guidelines relating to public sector 
procurement for the approval of the Council.


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procurement for the approval of the Council. 
(b) Periodically review the socio -economic effect of the policies on 
procurement and advise the Council accordingly. 
                                                 
3 Section 5


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Public Procurement Act, 2007: A Simplified Version 6 
(c) Supervise the implementation of established procurement policies. 
(d) Monitor the prices of tendered items and keep a national database of 
standard prices. 
(e) Subject to thresholds as may be set by the Council, certify Federal 
procurement prior to the award of contract. 
(f) Review the procurement and award of contract procedures of every 
entity to which this Act applies. 
 
2. Research and Publication 
(a) Publicize and explain the provisions of this Act4  
(b) Publish the details of major contracts in the procurement journal. 
(c) Publish paper and electronic editions of the procurement journal and 
maintain an archival system for the procurement journal. 
(d) Undertake procurement research and surveys.


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maintain an archival system for the procurement journal. 
(d) Undertake procurement research and surveys. 
(e) Periodically review socio -economic effects of policies on public 
procurement and advice the council. 
 
3. Establishment and Enforcement of Public Procurement Standards 
(a) Prevent fraudulent and unfair procurement and where necessary apply  
administrative sanctions. 
(b) Prepare and update standard bidding and contract documents. 
(c) Perform procure ment audits and submit such report to the National 
Assembly bi-annually. 
 
4. Information management and dissemination 
(a) Maintain a national  database of the particulars,  classification and 
categorization of federal contractors and service providers.


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categorization of federal contractors and service providers. 
(b) Collate and maintain in an archival system, all federal procurement plans 
and information. 
(c) Introduce, develop, update and maintain related database and 
technology. 
(d) Establish a single internet portal that shall  serve as a primary and 
definitive source of all informatio n on government procurement 
containing and displaying all public sector procurement information at 
all times. 
 
5. Capacity Building 
(a) Organize training and development programmes  for procurement 
professionals. 
(b) Co-ordinate relevant training programs to build institutional capacity. 
 
2.1.5 Powers of the BPP:5 
  
1. Implementation and enforcement of the Provisions of the Act


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2.1.5 Powers of the BPP:5 
  
1. Implementation and enforcement of the Provisions of the Act 
(a) enforce the monetary and prior review thresholds set by the Council 
for the  application of the provisions of this  Act by the procuring 
entities  
                                                 
4 Section 5(b) 
5 Section 6


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Public Procurement Act, 2007: A Simplified Version 7 
(b) Grant o r refuse the granting of “Certificate of No Objection ” for a 
procurement activity falling above the set threshold approved by the 
Council.  
(c) From time to time stipulate to all procuring entities the procedures and  
documentation pre - requisite for the issuan ce of Certificate of  'No 
Objection' under this Act. 
(d) Prevent Fraudulent and unfair procurement and apply administrative 
sanctions including debarring any supplier, contractor or service 
provider that contravenes any provision of this Act and regulat ions 
made pursuant to this Act.  
(e) Nullify the whole or any part of any procurement proceeding or award 
which is in contravention of this Act 
 
2. Power of inspection and review:


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which is in contravention of this Act 
 
2. Power of inspection and review: 
(a) Cause to be inspected or reviewed any pr ocurement transaction to 
ensure compliance with the provisions of this Act. 
(b) Review and determine whether any procuring entity has violated  any 
provision of this Act. 
(c) Call for such information, documents, records and reports in respect of 
any aspect of any procurement proceeding where a breach, 
wrongdoing, default, mismanagement and or collusion has been 
alleged, reported or proved against a procur ing entity or service 
provider. 
(d) Call for the production of books of accounts, plans, documents, and 
examine persons or parties in connection w ith any procurement 
proceeding. 
 
3. Information management


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examine persons or parties in connection w ith any procurement 
proceeding. 
 
3. Information management 
(a) Maintain a national database of federal contractors and service 
providers and to the  exclusion of all procuring entities prescribe 
classifications and categorizations for the companies on the register. 
(b) Maintain a list of firms and persons that have been debarred from 
participating in  public procurement activity and publish them  in the 
procurement journal. 
(c) Request for and obtain from any procurement entity , information 
including reports, memoranda and audited accounts, and other 
information relevant to its functions under this Act.6 
 
4. Making recommendations to the Council 
Where there have been “persistent or serious breaches of the A ct or regulations or


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Where there have been “persistent or serious breaches of the A ct or regulations or 
guidelines” made under it, the BPP shall recommend the following measures  to the 
Council: 
(a) The suspension of officers concerned with the procurement or disposal 
proceeding in issue. 
(b) The replacement of the head or any of the members of the procuring or  
disposal unit of any entity or the Chairperson of the  Tenders Board as 
the case may be. 
(c) The discipline of the Accounting Officer of any procuring entity. 
                                                 
6 Section 6(3)(b)


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Public Procurement Act, 2007: A Simplified Version 8 
(d) The temporary transfer of the procuring and disposal function of a 
procuring and disposing entity to a third party procu rement agency or 
consultant. 
(e) Any other sanction that the Bureau may consider as appropriate. 
 
5. Power to receive and address complaints under the PPA: In this regard, the 
Bureau may: 
(a) Give notice of the compl aint to related procuring or disposing entities 
and all interested parties  (bidders) taking account of their 
representations before taking a decision. 
(b) Declare rules or principles governing the action, confirm or reverse the 
decision of the procuring entity or  
(c) Nullify the whole or any part of any procurement proceeding or award 
which is in contravention of this Act.7


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(c) Nullify the whole or any part of any procurement proceeding or award 
which is in contravention of this Act.7 
 
6. Ancillary powers 
(a) Enter into contract or partnership with any company, firm or person 
which in its opinion will facilitate the discharge of its functions 
(b) Liaise with relevant bodies or institutions national and international  for 
effective performance of its functions under this Act.  
(c) Do such other things as are necessary for the efficient performance of 
its functions under this Act. 
 
2.2. Officers of BPP 
 
2.2.1 The Director-General:8 
(a) He/she is the Chief Executive and Accounting Officer of BPP and 
responsible for its day to day administration and execution of the policies 
(b) Must have a professional qualification of 15 years


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(b) Must have a professional qualification of 15 years 
(c) Shall hold office for 4 years and may be re-appointed for another term of 
4 years and no more. 
(d) May be removed from office by the President “on the basis of gross 
misconduct of financial impropriety, fraud, and manifested 
incompetence proven by the Council.”9 
 
2.2.2 Principal staff:10 
(a) Principal staff shall be appointed after a competitive selection process. 
(b) They shall have the requisite qualification and exp erience required for 
the effective performance of the functions of BPP and their respective 
Departments. 
 
2.2.3 Other staff:11 
(a) The Council may appoint such officers and other employees as may, 
from time to time, deem necessary for the purposes of the Bureau.


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from time to time, deem necessary for the purposes of the Bureau. 
                                                 
7 Section 6(1)(j) 
8 Section 7 
9 Section 7(4) 
10 Section 8 
11 Section 9


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Public Procurement Act, 2007: A Simplified Version 9 
(b) The Council shall also appoint “either on transfer or on secondment 
from any public service in the Federation, such number of employees” 
as may be needed for effective operations in BPP. 
(c) The Council shall determine the terms and conditions of service of 
officers and employees of BPP. 
(d) The provisions of the Pension Act shall apply  to all employees of the 
BPP.12 
 
2.2.4 The Council and staff operations and regulations: 
 
(a) The Council shall have power to modify the operational structure of 
the Bureau as may be necessar y to enhance the Bureau's duties and 
functions under this Act. 
(b) The Council has power to make staff regulations relating generally to


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functions under this Act. 
(b) The Council has power to make staff regulations relating generally to 
the conditions of service of the employees of (appointment, promotion, 
disciplinary control and appeals).13 
 
2.3 Financial provisions 
 
1. Funds of BPP: 14 The following shall be sources of revenues/funds for BPP: 
a. Annual budget appropriations 
b. Subventions, fees and charges 
c. Other assets which may from time to time accrue to BPP 
2. The Council shall make regulations governing the management a nd utilisation 
of this fund. 
3. The Bureau shall apply this fund  to administrative, maintenance , human 
resource and other costs. 
4. The Bureau shall observe the same financial as the federal government.15 
5. Reports to be submitted by the Bureau to the Council:


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5. Reports to be submitted by the Bureau to the Council: 
(a) Estimates of expenditure for the financial year  
(b) Annual reports of activities and audited accounts 
6. The Council shall keep proper accounts and audit same in accordance with the 
Auditor-General‟s guidelines 
 
2.4 Legal Proceedings16 
 
1. No suit or legal action shall be b rought against the Bureau unless a notice of 
30 days has been served and addressed to the Director-General. 
2. The Director-General and employees of the Bureau are not personally liable 
for any action taken in their official capacities and shall be reimbursed  for 
any loss arising from criminal or civil proceedings. 
 
3 PART III – SCOPE OF APPLICATION 
 
3.1 Scope of Application of the Act17


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3.1 Scope of Application of the Act17 
                                                 
12 Section 11 
13 Section 10 
14 Section 12 
15 Section 13(1) 
16 Section 14


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Public Procurement Act, 2007: A Simplified Version 10 
 
1. Procurement of goods works and services by the Federal government  
and its agencies or any procurement by any other entity or government 
in Nigeria of which at least 35% of the amount for funding the 
procurement will be sourced from the Federal Budget. 
2. Exception: The A ct will not apply where goods, works and services 
involve national defense or security except with the approval of the  
President. 
 
4 PART IV - FUNDAMENTAL PRINCIPLES FOR 
PROCUREMENTS 
 
4.1 General Rules and Conditions for conducting Public Procurement: 
 
1. Compliance with laid down thresholds set from to time by the Bureau.18 
2. Procurement must be based only on procurement plans suppo rted by prior 
budgetary appropriations.


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2. Procurement must be based only on procurement plans suppo rted by prior 
budgetary appropriations. 
3. The procuring MDA must obtained a  certificate of  “No Objection' to 
Contract Award" from the Bureau if the value of procurement falls above 
the set threshold (limits). 
4. The procurement must be by open competitive biddi ng (subject to some 
exceptions). 
5. Promote transparency, timeliness and accountability  
6. Promote economic competitiveness, efficiency and value for money 
7. Adherence to the procedures and time-line laid down in this Act from time 
to time by the Bureau. 
 
4.2 General Qualification of Bidders  
 
4.2.1 Every bidder interested in a procurement contract or who has been offered a 
contract must possess the following necessary qualifications or meet these


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contract must possess the following necessary qualifications or meet these 
conditions:19 
(a) Professional and technical qualifications to carry out particula r 
procurements 
(b) Financial capability. 
(c) Adequate equipment and other relevant infrastructure to implement the 
contract. 
                                                                                                                                            
17 Section 15 
18 Thresholds are set under section 7(1) 
 Thresholds refer to limits in the amount of values of procurement which a procuring MDA 
through its accounting officer is allowe d approving authority. For example, it could be stated 
in the regulation that a  Permanent Secretary shall not approve any procurement above ten 
million naira.


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in the regulation that a  Permanent Secretary shall not approve any procurement above ten 
million naira.  
 Thresholds are usually set by the Bureau through regulations and wherever this is the case, 
every request for funds from the procuring entity must be “accompanied by a certificate of 
"No Objection" to an award of contract duly issued by the Bureau.” (section 16(2)) 
 Any award of contract falling above a given threshold which does not have a "Certifica te of 
„No Objection' to Contract Award" duly issued by the Bureau is null and void.  
 
19 These qualifications are in addition to other provided in the bidding documents.


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Public Procurement Act, 2007: A Simplified Version 11 
(d) Adequate personnel to perform the obligations of the procurement 
contracts. 
(e) Legal capacity to enter into the procurement contract. 
(f) Not be in receivership or subject to any form of insolvency, bankruptcy or 
winding up petition or proceedings. 
(g) Have fulfilled all necessary taxes, pensions and social security obligations 
and contributions. 
(h) Must not been owned by or have in its board  or management a person 
convicted of fraud or financial impropriety relating to any matter. 
(i) Provide a verifying affidavit on the facts presented in the bid documents 
and affirming no business or pecuniary relationship with any member of 
the relevant committees of the procurement entity or Bureau.


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the relevant committees of the procurement entity or Bureau. 
(j) Provide other documents or information evidencing the bidder‟s 
qualification as may be requested by the procuring entity.20 
 
4.3 Definitions and liabilities relating to Bidders 
1. A supplier, contractor or service provider may be a natu ral person (any 
human being), a legal person (a legally recognised entity such as company 
or a business concern) or a combination of the two.  
2. Suppliers, contractors or service providers acting jointly are jointly and 
severally (separately) liable for all obligations and or responsibility arising 
from this Act and the non -performance or improper performance of any 
contract awarded pursuant to this Act. 
 
4.4 Grounds for disqualification or exclusion of bids


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contract awarded pursuant to this Act. 
 
4.4 Grounds for disqualification or exclusion of bids 
4.4.1 A bidder may have its bid or tender excluded from any p articular procurement 
proceeding if the Bureau is satisfied of any or a combination of the 
following:21 
(a) Evidence of monetary, gift or other form of inducement of employee of a 
procuring entity or the Bureau by a supplier, contractor or consultant “to 
influence any action, or decision making of any procurement activity.” 
(b) Failure to perform or to provide due care in performance of any public 
procurement within the past three years. 
(c) The bidder is in receivership or is the subject of an insolvency bankruptcy 
proceeding. 
(d) Non-payment of due taxes, charges, pensions, or social insurance


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proceeding. 
(d) Non-payment of due taxes, charges, pensions, or social insurance 
contributions, unless such bidders have obtained a lawful permits with 
respect to allowance. 
(e) The bidder or a member of its management has been validly sentence d for 
a crime committed  in connection with a procurement proceeding, or any 
other financial related crime 
(f) Failure to submit a statement regarding its dominating or subsidiary 
relationships with respect to other bidders and officials of the procuring 
entity in the same proceeding. 
 
4.4.2 Every exclusion or disqualification of bidders shall be communicated in 
writing to the Bureau  and the bidder, including the grounds for the exclusion


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20 The burden of proving facts and fulfilment of requirements presented in the bid docume nts rests on 
the contractor or supplier. Section 16(16) 
21 Section 16(8)


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Public Procurement Act, 2007: A Simplified Version 12 
and a record of same  kept in the file pertaining to the public procurement 
proceeding in question.22 
 
4.5 General rules of the procurement process 
 
4.5.1 Form and Language of communication:  
 
All communications and documents issued by procuring entities and the Bureau shall 
be in English language and shall be in writing or such other forms as the Bureau may 
stipulate.23 
4.5.2 Records of procurement activities 
(a) Procuring entities must keep electronic and file (hard copy) records of 
contracting for at least 10 years from the date of contract award. 
(b) Within 3 months of the end of each financial year, procuring entities shall 
transmit all procurement related records to BPP  showing the parties, date


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transmit all procurement related records to BPP  showing the parties, date 
and value of contract as well as other information relating to the 
procurement proceedings that BPP may request. 
(c) Procurement related activity records are open to public inspection, on 
payment of fees prescribed by BPP unless classified. 
 
4.5.3 No change of rules in the middle of the game: The criteria announced to 
contractors to govern any contracting activity or process cannot be changed 
midstream. 
4.5.4 Other rules of Public Procurements 
 
(a) Contracts will be awarded to bidders with the lowest quotes provided their 
bids are substantially responsive to the bid solicitations. 
(b) BPP retains the right, in appropriate circumstances of failed or inchoate


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(b) BPP retains the right, in appropriate circumstances of failed or inchoate 
contracting process, to cancel the process or require the  procuring entity to 
repeat it. 
(c) Accounting officers of procuring entities are generally responsible for 
ensuring legal and regulatory compliance in government contracting. 
(d) Conflicts of interest must be avoided: Persons who partook in organising 
or preparin g a particular procurement process or contracting transaction 
cannot participate in the bid process. 
(e) Procuring entities must not recommend contractors or sub -contractors to 
bidders. 
(f) The monetary value of procurement must be stated in naira or if in foreign  
currency, converted to naira “ using the exchange rate of the Central Bank


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currency, converted to naira “ using the exchange rate of the Central Bank 
of Nigeria valid on the day of opening a tender or bid.”24 
(g) Government contracts must contain arbitration clauses. 
(h) Government contracts must contain a contractor‟s warranty of durability of 
goods, exercise of requisite skills in providing services, and use of genuine 
materials and inputs. 
(i) Every decision on Procurement and disposal by a procuring entity shall be 
in compliance with the provisions of this Act and any regulations made by 
the Bureau. 
                                                 
22 Section 16(9) 
23 Section 16(10) - (11) 
24 Section 16(27)


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5 PART V – ORGANISATION OF PROCUREMENTS 
 
5.1 Approving Authority for Public Procurements 
 
APPROVING AUTHORITY FOR PUBLIC PROCUREMENTS 
Type of Government Institution Approving Authority 
A Government Agency, Parastatal, or 
Corporation 
A Parastatals Tenders Board 
A Ministry or Extra-Ministerial entity The Ministerial Tender Board. 
 
5.2 Procurement Planning and Implementation 
 
5.2.1 Process of procurement planning : Every procuring entity shall plan its 
procurement following these processes:25 
(a) Conduct assessment and evaluation  of the particular needs of the 
procuring entity. 
(b) Identification of goods, works or services required 
(c) Conducting market and statistical surveys and then prepare analysis of


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(c) Conducting market and statistical surveys and then prepare analysis of 
the cost implications of the proposed procurement 
(d) Aggregating its req uirement both within the procurement entity and 
between procuring entities, to obtain economy of scale and reduce 
procurement cost. 
(e) Integrating its procurement expenditure into its yearly budget. 
(f) Prescribing any procurement method to the necessary approval  under 
this Act. 
(g) Ensuring that the procurement entity functions stipulated in this Section 
shall be carried out by the Procurement Planning Committee 
 
5.2.2 Process for Implementation of Procurement : The following procedures shall 
be observed by a procuring entity in implementing its procurement plans:26


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be observed by a procuring entity in implementing its procurement plans:26 
 
(a) Advertise and solicit for bids in adherence to this Act and guidelines as 
may be issued by the Bureau.  
(b) Invite two credible persons representing a private sector organisation and 
a non -governmental organisation w orking in accountability and anti -
corruption as observers in every procurement process.27 
(c) Receive, evaluate and make a selection of the bids received in adherence 
to this Act and guidelines issued by the Bureau. 
(d) Obtain approval of the approving authority before making an award. 
(e) Debrief the bid losers on request. 
(f) Resolve complaints and disputes if any. 
(g) Obtain and confirm the validity of any performance guarantee.


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(f) Resolve complaints and disputes if any. 
(g) Obtain and confirm the validity of any performance guarantee. 
(h) Obtain a "Certificate of ' No Objection' to Contract Award" from the 
Bureau, if activity is within the approved threshold.  
(i) Execute all Contract Agreements 
                                                 
25 Section 18 
26 Section 19 
27 Section 19(b)


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(j) Announce and publicize the award in the format stipulated by this Act 
and guidelines issued by the Bureau. 
 
5.3 Accounting Officer 
5.3.1 Who is an Accounting Officer? 
The accounting officer of a procuring en tity shall be the person charged with line 
supervision of the conduct of all procurement processes.28 
 
Accounting Officer for Public Procurements 
Type of Government Institution Accounting Officer 
A Ministry Permanent Secretary 
Extra-ministerial departmen ts and 
corporations.29  
The Director -General or officer 
of co-ordinate responsibility.30 
 
5.3.2 Functions of the accounting officer  
 
1. General function: The Accounting Officer shall have overall responsibility


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1. General function: The Accounting Officer shall have overall responsibility 
for the planning, organization, evaluation of tenders and execution of all 
procurements.31 
 
2. Other functions: The Accounting Officer shall also perform the following 
functions:32 
(a) Ensure compliance with the provisions of this Act by his entity and is 
liable in person for its breach or contravention or those of an y 
regulation made under the Act.33 
(b) Constitute the Procurement Committee and its decisions. 
(c) Ensure that adequate provisions are made in the Federal budget to 
cover the procurement. 
(d) 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.


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carried ou t such as to evade the use of the  appropriate procurement 
method. 
(e) Constitute the Tenders board in accordance with rules made by the 
Bureau. 
(f) Constitute the Evaluation Committee  
(g) Liaise with the Bureau to ensure the implementation of its regulations. 
 
5.4 Procurement Planning Committee 
Section 21 mandates every procuring entity to establish a Procurement Planning 
Committee in each financial year.  
 
 
                                                 
28 Section 20(1) 
29 This may include Commissions 
30 This may include Executive Secretaries 
31 Section 20(2) 
32 Same as above 
33 Note: The Accounting Officer is still liable whether or not the act or omission was carried out by


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33 Note: The Accounting Officer is still liable whether or not the act or omission was carried out by 
him personally or any of his subordinates and it is immaterial that he had delegated any function duty 
or power to any person or group of persons;


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Public Procurement Act, 2007: A Simplified Version 15 
MEMBERS OF THE PROCUREMENT PLANNING COMMITTEE 
Chair Other members 
The Accounting 
Officer of the 
procuring entity 
or his 
representative 
A representative of the following units in the procuring entity: 
a. The procurement unit of the procuring entity who shall be the 
Secretary. 
b. The particular unit in need of the procurement. 
c. The financial unit. 
d. The planning, research and statistics unit. 
e. Technical personnel of the procuring entity with expertise in the 
subject Matter for each particular procurement. 
f. The legal unit. 
 
5.5 Establishment of the Tenders Board 
 
5.5.1 The Tenders Board created under the Act shall be responsible for the awa rd of


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5.5.1 The Tenders Board created under the Act shall be responsible for the awa rd of 
procurements goods, works and services .34 The Bureau shall prescribe 
guidelines for membership of the Tenders Boards. 
5.5.2 In all cases of pre -qualifications, the Chairman of the Tenders Board shall 
constitute a technical evaluation sub -committee made up o f professional staff 
of the procuring entity and the Secretary of the Tender Board as the Chair and 
charged with the responsibility for the evaluation of bids.  
 
5.6 Pre-qualification of suppliers, contractors or service providers35 
5.6.1 Every procuring entity shall  decide on a minimum qualification for suppliers, 
contractors or service providers and shall set out these qualifications in the


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contractors or service providers and shall set out these qualifications in the 
request/advert for pre -qualification as well as apply these criteria in its 
selection. 
5.6.2 Procuring entities requests shall supply a set of prequalification documents to 
every bidder that requests them. These documents shall contain: 
1. Instructions relating to the preparation and submission of prequalification 
applications including the mode, deadline and time for the submission of 
applications taking into cognisance the need for bidders to prepare 
adequately. 
2. Terms and conditions required for the procurement contract to be entered 
into. 
3. Other information evidencing qualification of bidders. 
4. Any other requirement from the procuring enti ty on the preparation and


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4. Any other requirement from the procuring enti ty on the preparation and 
submission of prequalification applications. 
Note:  
The price that a procurement entity may charge for the prequalification documents 
shall reflect only the cost of printing and provision to the applicants. 
 
5.6.3 Request for clarifications36 
1. Every bidder is entitled to make a request for clarification not later than  
ten days to the dateline for submission of documents to the procurement 
                                                 
34 Section 22 
35 Section 23 
36 Section 23(4)-(7)


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entity, which shall respond in not more than seven working days so that 
the bidder will have sufficient time to submit application. 
2. Other responsibilities of the procuring entities relating to requests for 
clarifications include: 
(a) Communicating the response to other bidders if it is of interest to them. 
(b) Informing each bidder of the result of the prequalifi cation – whether or 
not the bidder has been pre-qualified  
(c) Making information on the names of bidders who have been pre -
qualified available to members of the public upon request. 
(d) Upon request, communicate to bidders who have not been pre -
qualified, the gro unds for disqualification  or the basis for not being 
pre-qualified. etc. 
 
Notes:


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qualified, the gro unds for disqualification  or the basis for not being 
pre-qualified. etc. 
 
Notes: 
1. A pre -qualified bidder may be required by the procuring entity to submit 
again information/documents demonstrating its qualifications for further 
appraisal based on the same prequalification criteria.  
2. The procuring entity may disqualify a prequalified bidder if it is not satisfied 
with the bidder’s response. 
 
6 PART VI – PROCUREMENT METHODS (GOODS AND 
SERVICES) 
 
6.1 Open Competitive Bidding 
6.1.1 Meaning: 
 …the process by which a procuring entity, based on previously defined 
criteria, effects public procurements, by offering to every interested 
bidder equal simultaneous information and opportunity to offer the 
goods and works needed. 
 
6.1.2 The General Rule:


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bidder equal simultaneous information and opportunity to offer the 
goods and works needed. 
 
6.1.2 The General Rule: 
…all procurement of goods and works by  all procuring entities shall be 
conducted by open competitive bidding.37  
 
6.1.3 The winning bid: This shall be the lowest evaluated responsive bid with 
regards to work specification and standard.38 
 
6.2 Invitations to bid39 
 
Systems of 
Invitations to bid40 
Modes of advertisement Deadline 
International 
Competitive Bidding 
(i). At least two national news papers 
(ii). One relevant internationally recognized 
publication,  
(iii). Any official website of the procuring entity and 
Not less than six week s 
before the deadline for 
submission of the bids 
for the goods works.


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Not less than six week s 
before the deadline for 
submission of the bids 
for the goods works. 
                                                 
37 This general principle has some exceptions which will be shown later. 
38 Section 24(3) 
39 Section 25(2)  
 
40 The Bureau shall set the monetary thresholds for which procurements shall fall under either system.


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Public Procurement Act, 2007: A Simplified Version 17 
the commission  
(iv). The procurement journal  
 
National Competitive 
Bidding 
(i). On the notice board of the procuring entity,  
(ii). Any official website of the procuring entity  
(iii). At least two national newspapers  
(iv). The procurement journal  
Not less than six weeks 
before the deadline for 
submission of the bids 
for the goods works. 
 
 
6.3 Bid Security41 
1. Subject to the monetary and prior review threshold as may be set by the 
Bureau, the procurement value in excess of the sum prescribed by the 
Bureau would require Bid Security in an amount not more than 2% of the 
bid price.  
2. The bid security shall be deposited in the form of a Bank Guarantee from a 
reputable bank.  
 
6.4 Submission of Bids42


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reputable bank.  
 
6.4 Submission of Bids42 
1. Bids are to be submitted in writing, signed and placed in a sealed 
envelope. 
2. All submitted bids shall be deposited in a secured tamper-proof bid box. 
3. All bids submitted shall be in English Language.  
4. Bid shall be r egistered in a bid submission register at the time of 
submission. 
5. The procuring entity shall issue a receipt showing the date and time the bid 
was delivered. 
6. Bids submitted after the deadline must be returned to the bidder. 
7. There shall be no correspondence between the bidder and the procuring 
entity except as the Act provides. 
 
6.5 Rejection/Cancellation of bids43 
The procuring entity can reject a ll bids at any time prior to the acceptance of a bid or


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The procuring entity can reject a ll bids at any time prior to the acceptance of a bid or 
cancel the procurement proceedings in the public interest without incurring any 
liability to the bidders. 
 
6.6 Validity period of bids44 
1. The period of validity for a bid shall be  the period specified in the  tender 
documents. 
2. A procuring entity may request bidders to extend the period of validity. 
3. If the request is refused, the  bid will terminate upon the  expiration of the 
original period of effectiveness. 
 
6.7 Modification and withdrawal of bids45 
1. Bidders may modify or withdraw bid. 
2. Such modification or withdrawal is effective if it is received by  the 
procurement entity before the deadline for the submission of tenders.


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procurement entity before the deadline for the submission of tenders. 
 
                                                 
41 Section 26 
42 Section 27 
43 Section 28 
44 Section 29 
45 Section 29(4) and (5)


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6.8 Bid Opening46 
1. All bids shall be submitted before the deadline or da te specified in the 
tender documents or any extension of the deadline for submission and the 
procuring entity shall observe the following: 
(a) Permit the attendees to examine the bid envelopes to ascertain that they 
have not been tampered with. 
(b) Have the bids o pened in public in the presence of the bidders or their 
representatives and other interested member of the public. 
(c) Ensure that the bid opening takes place immediately following the 
deadline stipulated for submission. 
(d) Record of bid particulars and attendance should be taken  by the 
Secretary of the Tenders Board. 
 
6.9 Examination of bids47


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Secretary of the Tenders Board. 
 
6.9 Examination of bids47 
 
6.9.1 Preliminary examination of bids is meant to ascertain the following:  
1. Conformity with the minimum eligibility.  
2. Signature in bid documents. 
3. Substantially responsiveness of bids to the bidding documents. 
4. General compliance. 
 
6.9.2 Prohibited changes in a bid:48 
1. Changes in prices  
2. Changes of substance in a bid 
3. Changes to make an unresponsive bid responsive 
Exception: Corrections of arithmetical errors are allowed.49 
 
Notes: 
1. A procuring en tity may seek for clarifications from bidder to assist in the 
examination, evaluation and comparison of bids. 
2. The Tender Board may modify the bid if clarification given amounts to 
minor deviation.


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2. The Tender Board may modify the bid if clarification given amounts to 
minor deviation. 
3. Clarifications shall not be allowed if they will result in major deviations. 
 
6.10 Major and minor deviations 
 
 Examples Effect/result 
Major Deviations 1. Clauses in an offer: 
(a) Unacceptable sub-contracting 
(b) Unacceptable time schedule if time is of essence 
(c) Unacceptable alternative design 
(d) Unacceptable price adjustment. 
 
2. Status of the bidder: 
(a) Ineligibility or non pre-qualification  
(b) the fact that he is uninvited 
 
3. An unsigned bid  
1. Rejection of bid  
 
2. The bid shall not 
be considered any 
further  
 
3. Where unopened, 
shall be returned as 
such to the bidder. 
[Section 31(8)] 
                                                 
46 Section 30


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such to the bidder. 
[Section 31(8)] 
                                                 
46 Section 30 
47 Section 31 
48 Section 31(3) 
49 Section 31(4)


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Public Procurement Act, 2007: A Simplified Version 19 
4. Time, date and place of submission: 
(a) Receipt of bid after the deadline stipulated in the 
solicitation document 
(b) Submission of bid at the wrong location. 
     [Section 31(7)] 
Minor Deviations 1. The use of codes 
2. The difference in standards 
3. The difference in materials 
4. Alternative design 
5. Alternative workmanship 
6. Modified liquidated damages 
7. Omission in minor items 
8. Discovery of arithmetical errors 
9. Sub-contracting that is unclear and questionable 
10. Different methods of construction 
11. Difference in final delivery date 
12. Difference in delivery schedule 
13. Completion period where these are not of essence 
14. Non-compliance with some technical local regulation 
15. Payment terms


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14. Non-compliance with some technical local regulation 
15. Payment terms 
16. Any other condition that has little impact on the bid. 
[Section 31 (10)] 
1. Shall be clarified. 
[Section 31(6)] 
2. A written 
clarification may 
be obtained from 
the  supplier or 
contractor  
3. An offer made for 
the correction of 
the minor 
deviation. [Section 
31(12)] 
 
Notes: 
1. In cases of doubt as to whether a deviation is major or minor, regards would 
be had to the impact of the deviation on the cost.50 
2. Any rejection as a result of the above shall be communicated to the bidder and 
no further amendments shall be entertained from the bidder.51 
3. If a bidder does not accept the correction of a minor deviation, his bid shall be 
rejected.52 
 
6.11 Evaluation of Bids53


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rejected.52 
 
6.11 Evaluation of Bids53 
 
6.11.1 What is the objective of evaluation of bids? To determine and select the lowest 
evaluated responsive bid from bidders that have responded to the solicitation. 
 
6.11.2 For the purpose of evaluation and comparison of bids, no other criteria shall be 
used except as stipulated in the solicitation documents. 
 
6.11.3 Process for the evaluation of bids54 
(a) Checking of deviations 
(b) Checking of omissions with quantification of same 
(c) Application of discounts, as applicable 
(d) Clarification with bidders of questionable minor deviations 
(e) Quantification in monetary terms of such questionable deviations 
(f) Conversion to common currency 
(g) Calculation and tabulation of bid amount with domestic preference where 
applicable


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(g) Calculation and tabulation of bid amount with domestic preference where 
applicable 
                                                 
50 Section 31 (11) 
51 Section 31 (9) and (15) 
52 Section 31(13) 
53 Section 32 
54 Section 32(3)


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Public Procurement Act, 2007: A Simplified Version 20 
(h) Determination of the lowest calculated prices in order of rank 
(i) Post-qualification of bidders, where applicable 
(j) Listing of rejection of bids where applicable 
(k) Decision of rejection of all bids where justifiable 
(l) Recommendation for award 
(m) Writing up of the bid evaluation report. 
 
Notes: 
1. Every other factor that shall be considered in the process of evaluation of bids 
shall be as stated in the solicitation documents. 
2. When bid prices are denominated in other currencies, they shall be converted 
to naira based on the rate at date specified in the solicitation documents.55 
3. In cases where pre-qualification was carried out , verification/confirmation of


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3. In cases where pre-qualification was carried out , verification/confirmation of 
qualification may be carried out after selection and a bidder who no longer 
has the resources or qualification may be denied award. 
4. Information relating to examination and evaluation will no t be communicated 
to any person until the bid winner has been notified.56  
 
6.12 Acceptance of bids57 
 
1. General rule: The successful bid shall be that submitted by the lowest cost 
bidder from the bidders responsive to the bid solicitation. 
2. Exception: The selected bidder needs not be the lowest cost bidder 
provided the procuring entity can show good grounds derived from the 
provisions of this Act to that effect. 
3. Notice of the acceptance of the bid shall immediately be given to the


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provisions of this Act to that effect. 
3. Notice of the acceptance of the bid shall immediately be given to the 
successful bidder 
 
6.13 Domestic Preferences58 
1. A procuring entity may grant a margin of preference in the evaluation of 
tenders in the following instances: 
(a) When comparing tenders from domestic bidders with those from 
foreign bidders.  
(b) When comparing tenders from domestic suppliers offering goods 
manufactured locally with those offering goods manufactured 
abroad. 
 
2. If domestic preferences will be allowed, the procuring entity must state 
this fact in the bidding documents including the eligibility information for 
domestic suppliers and contractors. 
3. Margins of preference shall apply only to tenders under international


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domestic suppliers and contractors. 
3. Margins of preference shall apply only to tenders under international 
competitive bidding and the Bureau shall by regulation set the limits and 
the procedure for the computation of margins of preference and determine 
the contents of goods manufactured locally. 
 
                                                 
55 Section 32(6) 
56 Section 32(8). Indeed it is a crime to give information relating to bid evaluation to any person not 
involved in the evaluation before a bid winner is announced. 
57 Section 33 
58 Section 34


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Public Procurement Act, 2007: A Simplified Version 21 
6.14 Mobilisation fees59 
 
1. The Act permits a mobilisation fee of not more than 15%  to be paid a 
supplier or contractor upon the presentation of the following: 
(a) For a National Competitive Bidding, an unconditional bank 
guarantee or insurance bond issued by an  institution acceptable to 
the procuring entity 
(b) For an International Competitive Bidding, an unconditional bank 
guarantee issued by a banking institution acceptable to the 
procuring entity. 
2. After the mobilization fee has been paid, the supplier or contract or shall 
receive no further payment unless an interim performance certificate has 
been issued in accordance with the contract agreement.


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been issued in accordance with the contract agreement. 
3. A Contract Performance Guarantee of not less than the mobilisation fee or 
10% of the contract value (whichever is highe r) shall be provided before 
the award of any procurement contract upon which any mobilization fee is 
to be paid.60 
 
6.15 Interest on Delayed payments61  
 
1. Payment for the procurement of goods, works, and services shall be settled 
promptly and diligently. 
 
2. Any payment due for more than sixty days from the date of the submission 
of the invoice, valuation certificate or confirmation or authentication by 
the procuring entity of satisfactory completion, shall be deemed a delayed 
payment and shall attract interest at the  rate specified in the contract 
document.


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payment and shall attract interest at the  rate specified in the contract 
document. 
 
6.16 Record of Procurement Proceedings62 
1. Every procuring entity shall maintain a record of the comprehensive 
procurement proceedings. 
2. Such records shall on request, be made available to: 
(a) Any person after a tender, propo sal, offer or quotation has been 
accepted  
(b) Suppliers, contractors or consultants after a tender, proposal, offer 
or quotation has been accepted  
(c) Any person, suppliers, contractors or consultants after procurement 
proceeding have been terminated without res ulting in a 
procurement contract  
3. A court can order the disclosure of procurement proceeding records prior 
to award of contract. Such records will not be disclosed if it will be illegal,


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to award of contract. Such records will not be disclosed if it will be illegal, 
prejudicial to legitimate interests of the parties or if it will impe de law 
enforcement. 
                                                 
59 Section 35 
60 Section 36 
61 Section 37 
62 Section 38


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4. No liability shall arise on the part of the procuring entity to suppliers, 
contractors or service providers for damages due to failure to maintain a 
record of the procurement proceedings. 
5. The records and documents kept by procuring enti ties on procurement 
shall be made available for inspection by the Bureau, an investigator 
appointed by the Bureau and the Auditor -General and officials from donor 
agencies where donor funds have been used for the procurement.63 
 
7 PART VII – SPECIAL AND RESTR ICTED METHODS OF 
PROCUREMENT 
 
7.1 Two-stage Tendering 
 
7.1.1 Circumstances:64 
(a) Where the formulation of „ detailed specifications‟ for the good or 
works is not possible or where due to this characteristics of the


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works is not possible or where due to this characteristics of the 
services, the MDA  requires or needs to further asses va rious means of 
meeting the need. 
(b) Where the character of the goods or works are subject t o rapid 
technological advances 
(c) Where the procuring entity seeks to enter into a contract for research, 
experiment, study or development  costs, which does not include 
production of goods in sufficient quantity to establish commercial 
viability. 
(d) Where the procurement is concerned with national security  
(e) Where initial tender process was not successful and a new process 
would produce similar result. 
 
7.1.2 First stage:65  
(a) Invitation for submission of initial tenders/proposals without price.


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7.1.2 First stage:65  
(a) Invitation for submission of initial tenders/proposals without price.  
(b) Initial tenders may contain technical quality and specifications of goods, 
works and services as well as indicating the contractual terms and 
professional competence required. 
(c) Procuring entity m ay enter into negotiations with a bidder whose tender 
was not rejected in the open competitive bidding , with a view to clarifying 
technical proposal it has put forward. 
 
7.1.3 Second stage:  
(a) Prior to request for s ubmission of final tenders with pricing and techn ical 
specifications. 
(b) Procuring entity may do the following: 
i. Delete or modify any aspect of the technical or quality characteristics 
ii. Add new characteristics or criteria


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i. Delete or modify any aspect of the technical or quality characteristics 
ii. Add new characteristics or criteria 
iii. Communicate the above fact to the suppliers or contractor 
iv. Permit a supplier or a contractor who wants to withdraw to do so. 
                                                 
63 Section 38(5) 
64 Section 39(2) 
65 Section 39(4) and (5)


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Public Procurement Act, 2007: A Simplified Version 23 
v. Set forth its final description of goods, works or service in the 
invitation to those selected to submit full proposals based on the 
detailed specifications now set forth by the procuring entity. 
Note:  
1. The final evaluat ion and comparison shall be governed by the principles of 
open competitive bidding. 
 
7.2 Restricted /Selective Tendering  (The Exception)66 
 
7.2.1 A procuring entity may (subject to the approval of the Bureau) for reason of 
economy and efficiency engage in procuremen t by means of restricted 
tendering if: 
(a) Goods, works and services are available from only a limited number of 
qualified suppliers or contractors 
(b) Time and cost for evaluating tenders disproportionate to the value of the


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qualified suppliers or contractors 
(b) Time and cost for evaluating tenders disproportionate to the value of the 
goods, works or services to be procured. 
Note: 
1. This procedure is an exception and should not be the norm 
2. Invitation should be extended to all the contractors and suppliers who can 
provide the good, works and services. 
3. Selection shall be in a non-discriminatory manner. 
4. Procuring entity shall publish procedures adopted in procurement journal.67 
5. Other provisions of the Act relating to open completive bidding shall apply 
except as varied. 
 
7.3 Request for Quotation68 
1. This is u sually deployed where the value of the goods or works to be 
procured does not e xceed a low sum that shall be set in the procurement 
regulation.


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procured does not e xceed a low sum that shall be set in the procurement 
regulation. 
2. Generally quotations shall be obtained from at least 3 unrelated contractors 
or suppliers. 
3. Procuring entity shall inform the contractor or supplier of factors that 
should be included in the price, eg transport, insurance, freight, duties etc 
4. Each bidder shall give only one quotation and shall not be allowed to 
change or vary the quotation or enter into any negotiation with the 
procuring entity. 
5. The successful contractor or supplier shall be th e one that gives the lowest 
priced responsive quotation. 
. 
7.4 Direct Procurement / Single Source69 
 
7.4.1 Circumstances for Direct Procurement - First scenario: 
(a) If a particular supplier has an exclusive right eg (patent)  or where an


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(a) If a particular supplier has an exclusive right eg (patent)  or where an 
alternative does not exist. 
(b) Extreme urgency (which is not fault of the procuring agency) 
                                                 
66 Section 40 
67 Section 40(3) 
68 Section 41 
69 Section 42


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(c) Situation of urgency arising as a result of catastrophe  or disasters, 
making it impracticable to use any methods of procurement. 
(d) Procuring entity which has procured goods, works or service s from a 
contractor may decide to procure more of such goods, equipment, 
technology or services already procured  from the same supplier or 
contractor because of the following:  
i. Limited size of the additional procurement in relation to the 
original procurement. 
ii. Need to  maintain compatibility with existing goods  taking 
into account, effectiveness of the original goods. 
iii. Reasonableness of price and unsuitability of alternatives.  
(e) Procurement involves research, experiment, study or development.


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(e) Procurement involves research, experiment, study or development. 
(f) Procurement involving national security. 
 
Note: In the case of direct procurement; 
1. Goods, works and services may be procured by inviting a single supplier or 
contractor to submit a proposal or quotation. 
2. In this case, the procuring entity shall make record or the procurement 
proceeding and state the grounds for its decisions and circumstances relating 
to the procurement.70 
 
7.4.2 Second scenario – Emergency Procurement:71 
 
Procuring entity may engage in direct procurement of goods, works and services in 
emergency situations under the following circumstances: 
(a) National/public emergency involving disaster, war, or Act of God  
(b) Deterioration of the condition and quality of public goods


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(b) Deterioration of the condition and quality of public goods 
(c) Likely delay of a public project due to the absence of an item of minor value. 
 
Note: 
1. Need to observe principles of accountability. 
2. Post-emergency report to be filed before the Bureau after the cessation of 
emergency and the procurement for approval.72 
 
8 PART VIII – PROCUREMENT OF CONSULTANT 
(SERVICES) 
 
8.1 Expression of Interest (EoI) 
1. An entity with precise and ascertainabl e needs can solicit for EoI (or 
applications to pre-qualify to provide the services) by publishing in at least 
2 national dailies and the procurement journal. 
2. If cost is below one m illion naira or with the approval of the Bureau, the 
services is such that only national consultants would be interested, request


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services is such that only national consultants would be interested, request 
can be made to at least 3 consultants/service providers  (and not more than 
ten) to present proposals  for the provision of the services stating the 
following: 
                                                 
70 Section 42(2) 
71 Section 43 
72 Section 43(4)


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(a) Qualifications of the consultant to provide the service 
(b) Understanding of the procuring entity's needs 
(c) Methodology for providing the service 
(d) The time frame for providing the service 
(e) The cost or fee for the service 
 
8.2 Request for proposals to provide services for unascertained needs 
 
8.2.1 Open request 
 
1. A procuring entity may request for proposals when it intends to enter into 
a contract for the purpose of research, experiment, study or development 
2. Solicitation for expressions of interest  shall be by the publication of a 
notice in 2 national newspapers and the procurement journal. 
 
8.2.2 Direct request73 
1. Requests to a limited number of  consultants requesting proposals for the


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8.2.2 Direct request73 
1. Requests to a limited number of  consultants requesting proposals for the 
provision of a service if : 
(a) The services are only available from no more than 3 consultants: 
(b) The time and cost required to examine and evaluate  proposals 
would be disproportionate to the value of the services to be  
performed,  
(c) It is in the interest of national defense and security or similar 
reason of confidentiality.  
 
Note: Procuring entity shall invite enough consultants to ensure transparent  
competition. 
 
8.3 Contents of a proposal74 
 
(a) The name and address of the procurement entity. 
(b) A requirement that the proposals are to be prepared in the English 
language. 
(c) The manner, place and deadline for the submission of proposals.


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language. 
(c) The manner, place and deadline for the submission of proposals. 
(d) A statement that the procuring entity reserves the right to reject proposals  
(e) The criteria and procedures for the evaluation of the qualifications of the 
consultants. 
(f) The requirements on documentary evidence or other information that shall 
be submitted by consultants to demonstrate their qualifications. 
(g) The nature and required characteristics of the services to be procured 
including the location where the services are to be provided and the time 
when the services are to be provided. 
(h) Whether the procuring entity is seeking proposals on  various poss ible 
ways of meeting its needs. 
(i) A requirement that the proposal price is to be expressed in Nigerian 
currency.


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ways of meeting its needs. 
(i) A requirement that the proposal price is to be expressed in Nigerian 
currency. 
                                                 
73 Section 45(2) 
74 Section 46


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(j) The manner in which the proposal price is to be expressed, including a 
statement on whether the price covers elements apart from the  cost of 
services, such as reimbursement for transportation, lodging, insurance, use 
of equipment, duties or taxes. 
(k) Whether the procedure to ascertain the successful proposal shall be based 
on the lowest cost or quality and cost or a combination of the low est cost, 
quality and criteria other than cost but stipulated in the request for 
proposals. 
(l) A short list to be made of only national consultants for consulting 
assignment, contract within a set threshold in the procurement regulation 
provided that national consultants possess such requisite skills.


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provided that national consultants possess such requisite skills. 
 
Note: The procuring entity shall provide the same information to every consultant 
requested to submit proposals. 
 
8.4 Clarification and modification of request for proposal75 
 
1. Request for clarification from the procu ring entity shall be made within a 
reasonable time to be specified. 
2. A procuring entity may, on its own or upon request for clarification by a 
consultant, modify the request for proposals by issuing an addendum to the 
short listed consultants at any time pr ior to the deadline for submission of 
proposals. 
3. Any meeting convened by the procuring entity shall be recorded with all 
the views and anonymous requests for clarifications sought and responses. 
 
8.5 Submission of proposals:76


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the views and anonymous requests for clarifications sought and responses. 
 
8.5 Submission of proposals:76 
1. Sufficient time shall be allowed f or submission but not less than thirty 
days between the issue of the notice or request and the deadline for 
submission. 
2. Technical and financial proposals shall be submitted together but in 
separate envelopes. 
3. Late proposals shall be returned to the sender unopened. 
4. Immediately after the submission deadline, the technical proposals shall be 
opened for evaluation whilst the financial proposals shall remain sealed 
and kept in a secure bid-box until they are opened publicly. 
5. The Technical Evaluation Committees shall no t have access to the 
financial proposals until the evaluation including Tenders Board reviews


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financial proposals until the evaluation including Tenders Board reviews 
are concluded. 
 
8.6 Evaluation of proposals77 
 
8.6.1 Procuring entity shall determine the  criteria and weight to be attached to each 
of the following criterion in the evaluation of proposals: 
(a) The qualification, experience, professional and managerial competence of 
the consultant or service provider and its personnel to be involved in 
providing the services. 
                                                 
75 Section 47 
76 Section 48 
77 Section 49


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(b) The effectiveness of the proposal in meeting with the needs o f the 
procuring entity as well as the costs of the proposal. 
(c) The impact of proposal on Government's financial position, impact on 
socio-economic and technological development and participation  local 
personnel. 
(d) National defence and security considerations, where they exist. 
 
8.6.2 Procuring entity may also accord some level of preference to local consultants 
or service providers which shall be according to guidelines issued by the 
Bureau.78 
 
8.7 Selection Procedure  
 
8.7.1 General Selection Procedure (Services)79 
(a) Selection can be based on any or a combination of the following:


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8.7.1 General Selection Procedure (Services)79 
(a) Selection can be based on any or a combination of the following: 
i. Lowest evaluated price or based on a combination of criteria set out in 
the request for proposal.  
ii. Proposal with the highest technical ranking that is within the budget. 
(b) Procuring entity shall include in  the record of proceeding a statement on 
the grounds which it relied to select a winner 
(c) Procuring entity can use an impartial panel of experts to make a selection. 
 
8.7.2 Where price is a factor(Quality and Cost Based) 
(a) Where the procuring entity decides to choos e a proposal based on 
technical and price factors, it shall establish a weight with respect to 
quality and technical price factors of the proposals in accordance with the


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quality and technical price factors of the proposals in accordance with the 
criteria. The weight represented by a score to be awarded for a certain 
level of compliance with requirements. 
(b) The procuring entity shall record the name of each consultant as well as 
record the scores for the technical component of the proposal and the price 
proposed by each consultant. 
(c) The successful proposals shall be the one with the b est technical and cost 
effective proposal (Quality and cost based) or the one with the least cost or 
the highest ranked technical proposal within the budget , depending on 
which of these three bases of selection the procuring entity chose in its 
request for proposal document. 
(d) Where however least price is the basis, after the evaluation of the


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request for proposal document. 
(d) Where however least price is the basis, after the evaluation of the 
technical, the consultants that failed to meet the qualifying mark or whose 
proposals were not -responsive shall be notified within fourteen days, and 
their financials shall not be opened. 
(e) Minutes of the opening of the financial proposals shall be prepared and 
kept. 
 
8.7.3 Where price is not a factor  
Where price is not a factor, the procuring entity will undertake the following: 
(a) Establish a weight with respect to quality and price. 
(b) Enter negotiation with the consultant with the best rating on price. 
                                                 
78 Section 49(2) 
79 Section 50


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(c) Inform the second consultant that attained ratings above the weight that 
may be considered if negotiations with the consultant with the best rating 
do not result in a procurement co ntract; and inform the former of the 
subsequent termination. 
(d) Note that this process continues until a decision is made or a total rejection 
of all the proposals is made. 
(e) The procuring entity need to maintain confidentiality and avoid disclosure 
to competing consultants. 
 
9 PART IX – PROCUREMENT SURVEILLANCE AND 
REVIEW 
 
9.1 Power to recommend Investigation80  
 
9.1.1 The Bureau ha s mandate to review and recommend for investigations by any 
relevant authority any matter related to the following:


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relevant authority any matter related to the following: 
(a) The conduct of procurement proceeding by a procuring entity  
(b) The conclusion or operation of a procurement contract if it considers that a 
criminal investigation is necessary or desirable to prevent or de tect a 
contravention of this Act. 
 
9.1.2 Investigations could lead to any of the following: 
(a) Production, removal  and examination of books, record, accounts or 
documents. 
(b) Search of premises. 
(c) Explanation of entry into books of accounts. 
(d) Production of further information concerning the management of the 
procurement process. 
 
9.1.3 If contravention of this law is established, the Bureau shall take any of the 
following actions: 
(a) Nullification of the procurement proceedings.


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following actions: 
(a) Nullification of the procurement proceedings. 
(b) Cancellation of the procurement contract. 
(c) Ratification of anything done in relation to the proceeding. 
(d) A declaration consistent with any relevant provisions of this law. 
 
Note  
1. A completed investigation may be followed by criminal prosecution by the 
relevant authority.81 
2. The Bureau may on the advice of a procuring entity or any relevant 
government agency issue a variation order requiring  the contractor to repair, 
replace or remedy any defect or undone part of the contract at his expense.82 
 
9.2 Administrative Review83 
 
                                                 
80 Section 53 
81 Section 53(5) 
82 Section 53(3) 
83 Section 54


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9.2.1 A bidder may seek administrative review for any omission or breach by a 
procuring or disposing entity under the provisions of t his Act, or any 
regulations or guidelines made under this Act or the provisions of bidding 
documents. 
 
 RECEIVING 
AUTHORITY 
TIME WITHIN WHICH TO 
SUBMIT A PETITION 
TIME LIMIT 
TO 
ACT/MAKE 
A DECISION 
ACTION 
FIRST 
STAGE 
Accounting 
Officer of 
procuring or 
disposing 
entity 
Fifteen (15) working days from the 
date the bidder first became aware 
of the circumstances giving rise to 
the complaint or should have 
become aware of the circumstances, 
whichever is earlier. 
Fifteen  (15) 
working days 
 
 
Make a decision indica ting the 
corrective measures to be taken if


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Fifteen  (15) 
working days 
 
 
Make a decision indica ting the 
corrective measures to be taken if 
any, including the suspension of the 
proceedings where he deems it 
necessary and giving reasons for his 
decision 
     
SECOND 
STAGE 
Bureau Ten (10) working days from the 
date of communication of the 
decision of the accounting officer 
Twenty-one  
(21) working 
days 
 
Make any of the following decisions 
and stating reasons for such 
including remedies (if any) granted: 
i. Dismissal of the complaint 
ii. Prohibit a procuring or 
disposing entity from taking 
any further action. 
iii. Nullify in whole or in part an 
unlawful act or decision made 
by the procuring or disposing 
entity. 
iv. Declare the rules or principles 
that govern the subject matter 
of the complaint


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entity. 
iv. Declare the rules or principles 
that govern the subject matter 
of the complaint 
v. Revise an improper decision by 
the procuring or disposing 
entity or substitut e its own 
decision for such a decision. 
 
     
THIRD 
STAGE 
Federal High 
Court 
Thirty (30) days after the receipt of 
the decision of the Bureau, or 
expiration of the time stipulated for 
the Bureau to deliver a decision 
None  
 
Note: In reaching its decisio n, the Bureau shall notify the bidders and take into 
account representations from the bidders and from the procuring or disposing entity. 
 
10 PART X – DISPOSAL OF PUBLIC PROPERTY 
 
10.1 What is public property? …resources in the form of tangible and non -tangible 
assets (ranging from serviceable to the unserviceable)


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assets (ranging from serviceable to the unserviceable)  
(a) Created through public expenditure. 
(b) Acquired as a gift. 
(c) Intellectual or proprietary rights. 
(d) Financial instruments (including shares, stocks, bonds etc). 
(e) Acquired by goodwill and any other gifts of the State Government.   
 
10.2 Every Procuring entity shall also be a disposing entity.


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Public Procurement Act, 2007: A Simplified Version 30 
 
10.3 The Bureau shall determine applicable policies and practices and issue 
guidelines and standard documentation relating to the disposal of public 
property. 
 
10.4 Rules for disposal of public property 
(a) Open Competitive Bidding shall be the primary source of receiving offers 
for the purchase of public property. 
(b) Methods of disposal shall include: sale and rental, lease and hire purchase, 
licenses and tenancies, franchise and auction. 
(c) Planning of disposal is compulsory and shall include valuation by 
independent professional.84 
(d) Disposal must be integrated into budget of procuring entity and be timed to 
take place at a most economically advantageous time.


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take place at a most economically advantageous time. 
(e) Responsibility for disposal shall be shar ed between the procurement unit 
and the Tenders Board. 
Note: 
Assets covered under the Public Enterprises (Privatization and Commercialization) 
Act 1999 are excluded from operation of the provisions on disposal of assets. 
 
11 PART XI – CODE OF CONDUCT 
 
11.1 Guiding Principles:  
1. Every person involved with public procurement and disposal of public 
property, whether as official of the Bureau, a procuring entity, supplier, 
contractor or service provider shall at all times be governed by principles 
of honesty, accountability, transparency, fairness and equity. 
 
2. All public officers involved in the conduct of public procurements shall


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2. All public officers involved in the conduct of public procurements shall 
subscribe to an oath as approved by Council. 
 
3. Where a transaction involves the disposal of assets, principles of 
honesty, accountability, tra nsparency, fairness and equity shall continue 
to apply to the same extent as in procurement. 
 
4. These principles shall apply at all times, particularly when: 
(a) Making requisition for or planning of procurements. 
(b) Preparing solicitation documents. 
(c) Receiving offe rs in response to any form of solicitation tow ards a 
procurement or disposal. 
(d) Evaluating and comparing offers confidentially and in co mplete 
neutrality. 
(e) Protecting the interest of all parties without fear or favour.


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neutrality. 
(e) Protecting the interest of all parties without fear or favour. 
(f) Avoiding all situations likely to render  an officer vulnerable to 
embarrassment or undue influence. 
 
5. All public officers shall handle public procurement and disposal of assets 
by:  
                                                 
84 Section 56(1)


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(a) Ensuring adequate time for preparing offers. 
(b) Complying with this Act and all derivative regulations. 
(c) Maintaining strict confidentiality until completion of a contract. 
(d) Maintaining the highest standards of ethics in their relationships with 
individuals and companies who seek to do business with government 
whether as a bidder, supplier, contractor or service provider and  in 
particular shall- 
i. Divest himself of any interest or relationships which are 
contrary to the Act and inimical to the interest of government. 
ii. Not engage or participate in any commercial transaction 
involving the federal government or its agencies where h e or 
any person directly related to him would have an unfair


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involving the federal government or its agencies where h e or 
any person directly related to him would have an unfair 
advantage - pecuniary or otherwise. 
(e) Make a declaration in any case where conflict of interest is likely to 
arise. 
 
11.2 Conflict of interest situations 
 
(a) Possessing an interest outside his/her official duties that materially influenced the 
outcome of the tender 
(b) Possessing a direct or indirect interest in or relationship with a bidder, supplier, 
contractor, or service provider that is inherently unethical or that may be implied 
or constructed to be, or make possible personal gain due to the person‟s ability to 
influence dealings   
(c) Entertaining relationships which are unethical, rendering his/her attitude partial


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influence dealings   
(c) Entertaining relationships which are unethical, rendering his/her attitude partial 
towards the outsider for personal reasons or otherwise inhibits the impartiality of 
the person‟s judgments.     
(d) Placing by acts or omissions the procuring entity he/she represents or the 
Government in an equivocal, embarrassing or ethically questionable position 
(e) Entertaining relationships compromising the reputation or integrity of the 
procuring entity he/she represents or the Government 
(f) Receiving benefits by taking personal advantage of an opportunity that properly 
belongs to the procuring entity he/she represents or the Government 
(g) Creating a source of personal revenue or advantage by using public property


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(g) Creating a source of personal revenue or advantage by using public property 
which comes into his/her hands either in course of his work or otherwise  
(h) Disclosing confidential information being either the property of his/her procuring 
entity, the Government or to a supplier, contractor or service provider to 
unauthorized persons in bid to influence bidding outcomes 
(i) Participating directly or by a third party in buying a public property in which he 
was involved in disposal processes. 
 
12 PART XII– OFFENCES 
 
12.1 Offences  
 
(a) Collusion or collusive agreements whether or not enforceable. 
(b) Procurement f raud using undue influence, favour, bribery, threats, 
promises, agreement etc. 
(c) Directly or indirectly trying to influence in any manner the procurement


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promises, agreement etc. 
(c) Directly or indirectly trying to influence in any manner the procurement 
process to gain an unfair advantage. 
(d) Bid Rigging – Pre-arrangement of offers where winners have been 
predetermined.


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Public Procurement Act, 2007: A Simplified Version 32 
(e) Splitting of tenders to evade thresholds. 
(f) Altering procurement document (insertion of vital documents or requesting 
for clarification in a manner not permitted by law). 
(g) Willful refusal to allow Commission and its officers access to  any 
procurement records. 
(h) Using fake documents or encouraging their use. 
 
12.2 Prosecution of offences 
 
12.2.1 Prosecution of offences under this Act shall be instituted in the name of the 
Federal Republic of Nigeria by the following: 
(a) Attorney-General of the Federatio n or such other officer of the Federal 
Ministry of Justice as he may authorize.  
(b) The Attorney -General of a state or any other officer of the Ministry of 
Justice of that state.


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(b) The Attorney -General of a state or any other officer of the Ministry of 
Justice of that state. 
(c) Upon request by any relevant authority, any legal practitioner in Nigeria.  
 
12.3 Trial of offences shall be by the Federal High Court 
 
12.4 Punishment upon conviction: 
 
 OFFENDER PUNISHMENT 
1. A natural person not 
being a public officer 
(eg, individual 
contractors, consultants, 
suppliers etc) 
Imprisonment term of not less than 5 calendar year s but not 
exceeding 10 calendar years without an option of fine. [Section 
58(1)] 
2. An officer of the 
Bureau, or any 
procuring entity 
A cumulative punishment of: 
i. A term of imprisonment of not less than 5 calendar years 
without any option of fine 
ii. Summary dismissal from government services. 
[Section 58(5)]


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without any option of fine 
ii. Summary dismissal from government services. 
[Section 58(5)] 
3. A legal person  
(eg, registered 
businesses, companies 
or corporations)  
A cumulative penalty of: 
i. Debarment from all public procurements for a period not less 
than 5 calendar years. 
ii. A fine equivalent to  25% of the value of the procurement in 
issue.  
iii. A term of imprisonment not less than 3 calendar years but not 
exceeding 5 calendar years without an option of fine for every 
director of the company as listed on its records at the 
Corporate Affairs Commission. 
[Section 58(6) and (7)] 
 
Notes 
1. To determine presumption, considerations shall be given to the suspect's 
ability to control the outcome of the procurement proceedings in question, 
whether total or partial.85


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ability to control the outcome of the procurement proceedings in question, 
whether total or partial.85 
2. In proving undue influence, proof that a reaso nable business person should 
have known that his action would result in his company or firm having an 
undue advantage over other bidders to the detriment of the national treasury 
is sufficient.86 
                                                 
85 Section 58(11) 
86 Section 58(12)


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Public Procurement Act, 2007: A Simplified Version 33 
 
13 PART XIII - MISCELLANEOUS 
 
1. Authentication of fixing of the B ureau‟s seal shall be done by the signature of 
the Chairman, the Director -General or of any other person authorized 
generally or specially to act for that purpose by the Council. 
 
2. Any contract or instrument which, if made or executed by a person not being a 
body corporate, would not be required to be under seal may be made or 
executed on behalf of the Bureau by the Director -General or any person 
generally or specially authorized to act for that purpose by the Council. 
 
3. There is a presumption of regularity on any document duly executed under the 
seal of the Bureau and shall be received in evidence.


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seal of the Bureau and shall be received in evidence. 
 
4. The validity of any proceeding of the Council or a committee shall not be 
adversely affected by any vacancy or defect in the appointment into its 
membership or th e fact that a person not entitled to do so took part in its 
proceedings.


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periodically. 
• All SLAs assume **complete and correct submissions**. The ‘clock’ pauses when BPP issues 
a request for clarification/additional information and resumes upon receipt. 
• Each SLA is designed to be **configurable parameters** in the Exceptions Reporting / 
Oversight Platform (e.g., target days, escalation thresholds, exception codes). 
Regulatory model adopted 
• **Standard Setting**: issuing templates, checklists, and guidelines; clarifying interpretation; 
building capacity. 
• **Compliance Information Gathering**: collecting procurement plans/records; validating 
disclosures; conducting audits/inspections; maintaining databases. 
• **Behaviour Modification**: feedback loops, corrective actions, sanctions referrals,


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• **Behaviour Modification**: feedback loops, corrective actions, sanctions referrals, 
transparency incentives, and performance benchmarking. 
Definitions (operational) 
• **Complete submission**: package includes required documents, signatures, approvals, 
and data fields for the relevant request type; otherwise treated as ‘incomplete’. 
• **Prior review / ‘No Objection’**: BPP review/certification where procurement values 
exceed applicable thresholds, or where otherwise required by extant policy/threshold 
guidance. [PPA 2007 s.16(1)(a)-(d); thresholds circular] 
• **Administrative review (bidder complaint)**: bidder complaint escalation to BPP after 
accounting officer decision; BPP must decide within a legal timeline. [PPA 2007 s.54(6)]


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accounting officer decision; BPP must decide within a legal timeline. [PPA 2007 s.54(6)] 
• **Disclosure validation**: verification/approval of procurement information prior to 
publication on NOCOPO. [BPP Open Contracting Disclosure Guideline, s.6(c)–7] 
• **Working day**: official working day (excluding public holidays/weekends), consistent 
with common practice in BPP standard bidding documents. 
Core regulatory service catalogue 
Service family Typical request types 
(examples) 
Primary outputs 
Guidance & standard setting Standard bidding documents, 
standard forms, 
interpretation notes, 
Guideline/SBD issuance; 
advisory response; published 
FAQ/clarification


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4 
SLA architecture for configuration in the Oversight Platform 
Common SLA parameters (to configure) 
• SLA_START_EVENT: e.g., ‘Complete submission received’ (timestamped). 
• SLA_STOP_EVENT: e.g., ‘Decision issued’ / ‘Certificate issued’ / ‘Complaint decision issued’. 
• CLOCK_PAUSE_EVENTS: ‘Clarification requested’, ‘Awaiting MDA response’, ‘Awaiting 
external expert review’, ‘Awaiting legal review’. 
• SLA_TARGET_DAYS: integer (working days) per request type and complexity band. 
• ESCALATION_1_AT: % of SLA consumed (e.g., 70%) to notify team lead. 
• ESCALATION_2_AT: % (e.g., 90%) to notify director/management dashboard. 
• EXCEPTION_CODES: completeness defects, scope creep, missing approvals, suspected fraud, 
litigation hold, etc.


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5 
Need Identification 
Regulatory intent (BPP role) 
• Standard setting: define minimum documentation, templates, and quality gates for this 
stage. 
• Compliance information gathering: define what data/documents must be reported to 
BPP/NOCOPO and when. 
• Behaviour modification: define how BPP uses exceptions, audits, and transparency to 
improve compliance and deter abuse. 
Regulatory services and decision points 
• Issue guidance on **needs justification** and linkage to appropriation/procurement plan. 
[PPA 2007 s.16(1)(b)] 
• Define ‘red flags’ for demand inflation/splitting and prescribe exception indicators. 
• Provide advisory opinions on whether proposed procurement is within scope and compliant 
(non-binding unless escalated to enforcement). 
Internal SOP (BPP) – process steps


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(non-binding unless escalated to enforcement). 
Internal SOP (BPP) – process steps 
1. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
2. Perform a **completeness check** against the stage-specific checklist; if incomplete, issue 
a deficiency notice and pause the SLA clock. 
3. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
4. Conduct substantive review using standardised checklists and decision rules; document 
findings and evidence. 
5. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
the SLA clock. 
6. Prepare decision memo/output (advisory response, validation approval, compliance


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the SLA clock. 
6. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
7. Quality assurance (peer review/supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorisation. 
8. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
MDA 
1 working day 
(configurable 
internal target) 
Internal target 
(no explicit 
statutory


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• Define exceptions triggers: unjustified sole source, unexplained price variance, weak 
competition signals. 
Internal SOP (BPP) – process steps 
9. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
10. Perform **completeness check** against the stage-specific checklist; if incomplete, issue 
deficiency notice and pause SLA clock. 
11. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
12. Conduct substantive review using standardized checklists and decision rules; document 
findings and evidence. 
13. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock.


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13. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock. 
14. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
15. Quality assurance (peer review / supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorization. 
16. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working day 
(configurable 
Internal target 
(no explicit


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9 
Solicitation: Tender Preparation & Publication 
Regulatory intent (BPP role) 
• Standard setting: define minimum documentation, templates, and quality gates for this 
stage. 
• Compliance information gathering: define what data/documents must be reported to 
BPP/NOCOPO and when. 
• Behaviour modification: define how BPP uses exceptions, audits, and transparency to 
improve compliance and deter abuse. 
Regulatory services and decision points 
• Publish and maintain BPP standard bidding documents (SBDs) and templates; provide 
interpretation notes. 
• Define minimum advertising/publication standards and evidence required in the file (e.g., 
adverts, media proofs). 
• Ensure disclosure timelines for tender-stage information via NOCOPO and validate before


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adverts, media proofs). 
• Ensure disclosure timelines for tender-stage information via NOCOPO and validate before 
publication. [BPP Open Contracting Disclosure Guideline 2019] 
Internal SOP (BPP) – process steps 
17. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
18. Perform **completeness check** against the stage-specific checklist; if incomplete, issue 
deficiency notice and pause SLA clock. 
19. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
20. Conduct substantive review using standardized checklists and decision rules; document 
findings and evidence. 
21. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock.


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21. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock. 
22. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
23. Quality assurance (peer review / supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorization. 
24. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working 
day 
Internal target (no 
explicit statutory


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applicable. [PPA 2007 s.19(b)] 
• Trigger targeted reviews/audits where evaluation anomalies appear (e.g., high 
disqualification rates, identical bids). 
Internal SOP (BPP) – process steps 
25. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
26. Perform **completeness check** against the stage-specific checklist; if incomplete, issue 
deficiency notice and pause SLA clock. 
27. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
28. Conduct substantive review using standardized checklists and decision rules; document 
findings and evidence. 
29. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock.


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29. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock. 
30. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
31. Quality assurance (peer review / supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorization. 
32. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working day 
(configurable 
Internal target 
(no explicit


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13 
MDA internal target) statutory time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplete 
status + deficiency list 
2 working days 
(configurable 
internal target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identification / 
market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working days 
(configurable 
internal target) 
Internal target 
Prior-review / ‘No 
Objection’ 
substantive 
review (Band A) 
Standard, low 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
10 working 
days 
(configurable 
internal target) 
Internal target; 
PPA requires 
certificate but 
not timeline 
for issuance 
[PPA 2007 
s.16] 
Prior-review / ‘No 
Objection’


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PPA requires 
certificate but 
not timeline 
for issuance 
[PPA 2007 
s.16] 
Prior-review / ‘No 
Objection’ 
substantive 
review (Band B) 
Medium 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
15 working 
days 
(configurable 
internal target) 
Internal target 
Prior-review / ‘No 
Objection’ 
substantive 
review (Band C) 
High 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
20 working 
days 
(configurable 
internal target) 
Internal target 
Enhanced 
integrity review 
(Band D) 
High-risk/red-
flag cases 
Decision + 
enforcement/audit 
trigger where 
warranted 
25 working 
days 
(configurable 
internal target) 
Internal target; 
may require 
pauses for 
investigations 
Certificate


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days 
(configurable 
internal target) 
Internal target; 
may require 
pauses for 
investigations 
Certificate 
issuance after 
clearance 
Where 
decision is to 
issue 
certificate 
Certificate of ‘No 
Objection’ / 
compliance 
certificate issued 
2 working days 
(configurable 
internal target) 
Internal target 
Administrative 
review decision 
(bidder complaint) 
Complaint 
escalated to 
BPP after 
accounting 
officer decision 
Written decision + 
remedies (if any) 
21 working 
days (LEGAL 
requirement) 
Public 
Procurement 
Act, s.54(6) 
[PPA 2007] 
Platform configuration – data fields and exception signals 
• Mandatory metadata: MDA, project title, procurement category, method, estimated value, 
threshold band, complexity band, risk flags, submission completeness score.


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threshold band, complexity band, risk flags, submission completeness score. 
• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-
maker; timestamps for each workflow step.


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14 
• Exception signals (examples): scope/need mismatch to appropriation; unusual price 
variance; weak competition; repeated cancellations; high variation orders; delayed 
disclosures; complaint volume. 
• Auto-generated outputs: SLA countdown; escalation alerts; dashboards (per MDA, per 
method, per reviewer, per risk flag).


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[Thresholds Circular 2022] 
• Publish award-stage disclosures and validate for NOCOPO publication. [BPP Open 
Contracting Disclosure Guideline 2019] 
Internal SOP (BPP) – process steps 
33. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
34. Perform **completeness check** against the stage-specific checklist; if incomplete, issue 
deficiency notice and pause SLA clock. 
35. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
36. Conduct substantive review using standardized checklists and decision rules; document 
findings and evidence. 
37. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock.


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37. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock. 
38. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
39. Quality assurance (peer review / supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorization. 
40. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working 
day 
Internal target (no 
explicit statutory


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MDA (configurabl
e internal 
target) 
time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplet
e status + deficiency 
list 
2 working 
days 
(configurabl
e internal 
target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identificatio
n / market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working 
days 
(configurabl
e internal 
target) 
Internal target 
Prior-review / ‘No 
Objection’ 
substantive review 
(Band A) 
Standard, 
low 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
10 working 
days 
(configurabl
e internal 
target) 
Internal target; 
PPA requires 
certificate but not 
timeline for 
issuance [PPA 2007 
s.16] 
Prior-review / ‘No


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Internal target; 
PPA requires 
certificate but not 
timeline for 
issuance [PPA 2007 
s.16] 
Prior-review / ‘No 
Objection’ 
substantive review 
(Band B) 
Medium 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
15 working 
days 
(configurabl
e internal 
target) 
Internal target 
Prior-review / ‘No 
Objection’ 
substantive review 
(Band C) 
High 
complexity 
submissions 
above 
threshold 
Decision memo + 
clearance for 
certificate issuance 
20 working 
days 
(configurabl
e internal 
target) 
Internal target 
Enhanced integrity 
review (Band D) 
High-
risk/red-flag 
cases 
Decision + 
enforcement/audit 
trigger where 
warranted 
25 working 
days 
(configurabl
e internal 
target) 
Internal target; 
may require 
pauses for 
investigations


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25 working 
days 
(configurabl
e internal 
target) 
Internal target; 
may require 
pauses for 
investigations 
Certificate 
issuance after 
clearance 
Where 
decision is to 
issue 
certificate 
Certificate of ‘No 
Objection’ / 
compliance 
certificate issued 
2 working 
days 
(configurabl
e internal 
target) 
Internal target 
NOCOPO 
disclosure 
validation/approva
l 
Disclosure 
items 
uploaded by 
procuring 
entity 
Approve for 
publication / return 
for correction 
7 working 
days (extant 
guideline 
expectation) 
BPP Open 
Contracting 
Disclosure 
Guideline: MDAs 
should leave at 
least 7 full working 
days for BPP


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validation/approva
l [Guideline s.6(c)] 
Platform configuration – data fields and exception signals 
• Mandatory metadata: MDA, project title, procurement category, method, estimated value, 
threshold band, complexity band, risk flags, submission completeness score. 
• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-
maker; timestamps for each workflow step. 
• Exception signals (examples): scope/need mismatch to appropriation; unusual price 
variance; weak competition; repeated cancellations; high variation orders; delayed 
disclosures; complaint volume. 
• Auto-generated outputs: SLA countdown; escalation alerts; dashboards (per MDA, per 
method, per reviewer, per risk flag).


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Contract Management 
Regulatory intent (BPP role) 
• Standard setting: define minimum documentation, templates, and quality gates for this 
stage. 
• Compliance information gathering: define what data/documents must be reported to 
BPP/NOCOPO and when. 
• Behaviour modification: define how BPP uses exceptions, audits, and transparency to 
improve compliance and deter abuse. 
Regulatory services and decision points 
• Set minimum contract administration standards (change control, variation approvals, 
performance securities monitoring). 
• Define exception events that require notification to BPP (major variations, extensions, 
terminations, integrity incidents). 
• Enable post review/audit focus in line with threshold guidance emphasizing greater


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• Enable post review/audit focus in line with threshold guidance emphasizing greater 
monitoring/post-review. [Thresholds Circular 2022] 
Internal SOP (BPP) – process steps 
41. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
42. Perform **completeness check** against the stage-specific checklist; if incomplete, issue 
deficiency notice and pause SLA clock. 
43. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
44. Conduct substantive review using standardized checklists and decision rules; document 
findings and evidence. 
45. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock.


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45. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock. 
46. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
47. Quality assurance (peer review / supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorization. 
48. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
1 working 
day 
Internal target (no 
explicit statutory


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MDA (configurabl
e internal 
target) 
time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplet
e status + deficiency 
list 
2 working 
days 
(configurabl
e internal 
target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identificatio
n / market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working 
days 
(configurabl
e internal 
target) 
Internal target 
NOCOPO 
disclosure 
validation/approva
l 
Disclosure 
items 
uploaded by 
procuring 
entity 
Approve for 
publication / return 
for correction 
7 working 
days (extant 
guideline 
expectation) 
BPP Open 
Contracting 
Disclosure 
Guideline: MDAs 
should leave at 
least 7 full working 
days for BPP 
validation/approva
l [Guideline s.6(c)]


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Guideline: MDAs 
should leave at 
least 7 full working 
days for BPP 
validation/approva
l [Guideline s.6(c)] 
Platform configuration – data fields and exception signals 
• Mandatory metadata: MDA, project title, procurement category, method, estimated value, 
threshold band, complexity band, risk flags, submission completeness score. 
• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-
maker; timestamps for each workflow step. 
• Exception signals (examples): scope/need mismatch to appropriation; unusual price 
variance; weak competition; repeated cancellations; high variation orders; delayed 
disclosures; complaint volume. 
• Auto-generated outputs: SLA countdown; escalation alerts; dashboards (per MDA, per 
method, per reviewer, per risk flag).


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• Define reporting cadence for implementation and payments disclosure (e.g., quarterly in 
disclosure guideline). [BPP Open Contracting Disclosure Guideline 2019] 
Internal SOP (BPP) – process steps 
49. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
50. Perform **completeness check** against the stage-specific checklist; if incomplete, issue 
deficiency notice and pause SLA clock. 
51. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
52. Conduct substantive review using standardized checklists and decision rules; document 
findings and evidence. 
53. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock.


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21 
MDA (configurabl
e internal 
target) 
time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplet
e status + deficiency 
list 
2 working 
days 
(configurabl
e internal 
target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identificatio
n / market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working 
days 
(configurabl
e internal 
target) 
Internal target 
NOCOPO 
disclosure 
validation/approva
l 
Disclosure 
items 
uploaded by 
procuring 
entity 
Approve for 
publication / return 
for correction 
7 working 
days (extant 
guideline 
expectation) 
BPP Open 
Contracting 
Disclosure 
Guideline: MDAs 
should leave at 
least 7 full working 
days for BPP 
validation/approva
l [Guideline s.6(c)]


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• Use audits and enforcement pathways for disposal irregularities. 
Internal SOP (BPP) – process steps 
57. Receive request/notification (platform ticket or official correspondence) and auto-generate 
case ID. 
58. Perform **completeness check** against the stage-specific checklist; if incomplete, issue 
deficiency notice and pause SLA clock. 
59. Assign reviewer(s) based on complexity band and risk flags; route to specialist/legal review 
where required. 
60. Conduct substantive review using standardized checklists and decision rules; document 
findings and evidence. 
61. If clarification is required, issue a single consolidated query (to reduce ping-pong) and pause 
SLA clock. 
62. Prepare decision memo/output (advisory response, validation approval, compliance


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SLA clock. 
62. Prepare decision memo/output (advisory response, validation approval, compliance 
direction, certificate decision, or audit trigger). 
63. Quality assurance (peer review / supervisor sign-off) for Band B–D or where monetary 
thresholds require higher authorization. 
64. Issue decision formally; update the platform record; publish/validate disclosures where 
applicable; log exceptions and lessons learned. 
Configurable SLAs and turnaround standards (BPP internal) 
Service Applies to Output Target 
turnaround 
time 
Basis / source 
Acknowledgement 
of receipt 
Any stage 
request 
Ticket created + 
acknowledgement to 
MDA 
1 working day 
(configurable 
internal target) 
Internal target 
(no explicit 
statutory


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23 
time) 
Completeness 
screening 
Any stage 
request 
Complete/Incomplete 
status + deficiency list 
2 working days 
(configurable 
internal target) 
Internal target 
Advisory response 
/ interpretation 
note 
Need 
identification / 
market 
research / 
solicitation 
queries 
Written advisory 
response (non-
binding unless 
escalated) 
5 working days 
(configurable 
internal target) 
Internal target 
Platform configuration – data fields and exception signals 
• Mandatory metadata: MDA, project title, procurement category, method, estimated value, 
threshold band, complexity band, risk flags, submission completeness score. 
• Stage-specific documents received (yes/no) + versioning; reviewer assignment; decision-
maker; timestamps for each workflow step.


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maker; timestamps for each workflow step. 
• Exception signals (examples): scope/need mismatch to appropriation; unusual price 
variance; weak competition; repeated cancellations; high variation orders; delayed 
disclosures; complaint volume. 
• Auto-generated outputs: SLA countdown; escalation alerts; dashboards (per MDA, per 
method, per reviewer, per risk flag).


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Cross-cutting governance of SLAs 
Clock rules (recommended) 
• SLA starts only when the submission is complete and acknowledged as complete. 
• One consolidated clarification request is preferred; multiple sequential queries should be 
treated as an internal process defect unless justified. 
• Where external reviews are required (e.g., technical expert opinion), the case is tagged 
‘external dependency’ and the pause reason is recorded. 
• All SLA breaches must generate an automated ‘exception report’ with root cause categories 
(capacity, incomplete submission, policy ambiguity, integrity risk, external dependency). 
Review and continuous improvement 
• Quarterly SLA performance review: by service type, by MDA, by complexity band, by 
reviewer/team.


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• Quarterly SLA performance review: by service type, by MDA, by complexity band, by 
reviewer/team. 
• Annual review of SLA targets and checklists to reflect policy changes, capacity changes, and 
risk trends. 
• Publish a subset of performance metrics (where appropriate) to strengthen behaviour 
modification via transparency (aligned with open contracting objectives). [BPP Open 
Contracting Disclosure Guideline 2019] 
Reference key (sources used for in-line references) 
• PPA 2007 = Public Procurement Act, 2007 (Nigeria), especially s.6, s.16, and s.54. Source: 
PLAC Laws of Nigeria PDF. [turn7view0] 
• Thresholds Circular 2022 = OSGF Circular approving revision of prior review & monetary 
thresholds (19 Jan 2022). Includes BPP prior review thresholds. [turn4view1; turn5view0]


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thresholds (19 Jan 2022). Includes BPP prior review thresholds. [turn4view1; turn5view0] 
• BPP Open Contracting Disclosure Guideline 2019 = Open Contracting Disclosure Guideline 
(BPP). Includes disclosure timelines and requirement for MDAs to leave at least 7 working 
days for BPP validation/approval. [turn2view1] 
• NOCOPO portal = Nigeria Open Contracting Portal. [turn1search6]


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25 
Annex A: SLA Configuration Table (Management Sign‑off) 
Purpose: 
• Provide a single, authoritative table of BPP internal service standards that can be loaded 
into the Oversight Platform as configurable parameters. 
• Enable version control (effective date, review cycle) and clear accountability for maintaining 
SLA settings. 
• Separate **legal/statutory timelines** from **internal target SLAs** (configurable). 
A1. SLA parameter set (default targets) 
Note: Where law prescribes a timeline, it is marked as LEGAL and should not be changed in 
configuration except to reflect amendments. 
SLA
_ID 
Service / 
Request 
type 
Compl
exity 
band 
SLA_START
_EVENT 
SLA_STOP_E
VENT 
Targe
t 
(wor
king 
days) 
Escala
tion 1 
Escala
tion 2 
Basis 
ACK
-01 
Acknowledg
ement of 
receipt


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SLA_STOP_E
VENT 
Targe
t 
(wor
king 
days) 
Escala
tion 1 
Escala
tion 2 
Basis 
ACK
-01 
Acknowledg
ement of 
receipt 
All Complete 
submission 
received 
Acknowledge
ment sent 
1 70% 90% Internal 
target 
CO
MP-
01 
Completene
ss screening 
All Submission 
received 
Complete/Inc
omplete 
notice issued 
2 70% 90% Internal 
target 
ADV
-01 
Advisory / 
interpretati
on response 
A–C Complete 
query 
received 
Written 
advisory 
issued 
5 70% 90% Internal 
target 
NO
C-
PR-
A 
Prior review 
(‘No 
Objection’) 
– 
substantive 
review 
A Complete 
prior-
review 
package 
received 
Decision 
memo 
cleared 
10 70% 90% Internal 
target 
(PPA 
require
s 
certifica
te; 
timelin
e not 
specifie
d) 
NO
C-
PR-
B 
Prior review 
(‘No 
Objection’) 
– 
substantive 
review 
B Complete 
prior-
review


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e not 
specifie
d) 
NO
C-
PR-
B 
Prior review 
(‘No 
Objection’) 
– 
substantive 
review 
B Complete 
prior-
review 
package 
received 
Decision 
memo 
cleared 
15 70% 90% Internal 
target 
NO
C-
Prior review 
(‘No 
C Complete 
prior-
Decision 
memo 
20 70% 90% Internal 
target


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26 
PR-
C 
Objection’) 
– 
substantive 
review 
review 
package 
received 
cleared 
NO
C-
PR-
D 
Enhanced 
integrity / 
red-flag 
review (may 
trigger 
audit/enfor
cement) 
D Complete 
prior-
review 
package 
received 
Decision 
issued / 
action 
directed 
25 70% 90% Internal 
target 
(pause 
if 
investig
ation 
depend
ency) 
NO
C-
ISS-
01 
Certificate 
issuance 
after 
clearance 
All Decision 
memo 
cleared 
Certificate 
issued 
2 70% 90% Internal 
target 
OCD
-
VAL
-01 
NOCOPO 
disclosure 
validation/a
pproval 
All Disclosure 
package 
submitted 
(complete) 
Approved for 
publication / 
returned 
7 70% 90% Extant 
guidelin
e 
expecta
tion 
(leave 
≥7 full 
working 
days) 
AR-
DEC
-01 
Administrati
ve review 
decision 
(bidder 
complaint 
at BPP) 
All Complete 
appeal 
received 
Decision


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AR-
DEC
-01 
Administrati
ve review 
decision 
(bidder 
complaint 
at BPP) 
All Complete 
appeal 
received 
Decision 
issued 
21 70% 90% LEGAL: 
PPA 
2007 
s.54(6) 
A2. SLA governance metadata (to be stored with the configuration) 
Field Description Recommended value / rule 
SLA_VERSION Version label for the 
parameter set 
e.g., v1.0; increment on any 
target change 
EFFECTIVE_DATE Date SLA settings become 
active 
2026-02-03 (set by 
management) 
REVIEW_CYCLE How often SLA targets are 
reviewed 
Quarterly performance 
review; annual target refresh 
SLA_OWNER Accountable unit for 
maintaining parameters 
BPP Policy & Standards / 
Quality Assurance (or 
designated directorate) 
CLOCK_PAUSE_EVENTS Events that pause SLA clock Clarification requested; 
Awaiting MDA response;


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CLOCK_PAUSE_EVENTS Events that pause SLA clock Clarification requested; 
Awaiting MDA response; 
External expert review; Legal 
review; Investigation


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dependency 
CLOCK_RESUME_EVENT Event that resumes SLA clock All requested clarifications 
received and accepted as 
complete 
BREACH_HANDLING What happens on SLA breach Auto exception report + root 
cause code + escalation + 
management dashboard 
A3. Root cause codes (for SLA exceptions and behaviour modification) 
• RC-01 Incomplete submission (missing approvals/documents) 
• RC-02 Policy ambiguity (requires standards clarification) 
• RC-03 External dependency (technical/legal expert review) 
• RC-04 Integrity red flag (enhanced scrutiny/investigation) 
• RC-05 Capacity / workload constraint (internal) 
• RC-06 Platform/data defect (workflow/metadata issue) 
• RC-07 Litigation hold / dispute sensitivity


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S. I.  
 
FEDERAL GOVERNMENT OF NIGERIA 
 
PUBLIC PROCUREMENT ACT 2007 
(Act No. 14 of 2007) 
 
PUBLIC PROCUREMENT REGULATIONS FOR SERVICES 
 
 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. 
(1) These Regulations may be cited as the Public Procurement Regulations for  
Services. 
(2) 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.  (1) These Regulations shall apply to all procurement of services by all Procuring


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2.  (1) These Regulations shall apply to all procurement of services by all Procuring 
Entities except where a waiver is first obtained under the Act. 
 
(2) These Regulations shall not apply to contracts for physical services such as 
exploratory drilling, surveys, aerial photography, transportation installation, 
that are provided by a contractor as a complement to a goods and works 
contract. The Regulations for Goods and Works are applicable in such cases 
Section 5(a), 
PPA, 2007 
3.  Revocation of prior directives. 
These Regulations and the accompanying standard bidding documents supersede 
all existing procurement regulations, directives, and due process guidelines.  
 
4.  In these Regulations— 
 
"Accounting Officer" means the administrative head of a procuring entity by


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4.  In these Regulations— 
 
"Accounting Officer" means the administrative head of a procuring entity by 
whatever title ca lled and/or 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. 
 
"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. 
 
"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.


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“Certification” means the approval by the BPP of the process and conduct of 
public procurement by any procuring entity at any stage. 
 
"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;


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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. 
 
“Non-Consulting Services” means services which will be tendered and contracted 
on the basis of performance or measurable physical outputs, such as 
maintenance, facility management, Security, logistical service, etc.   
 
"Conflict of interest" means but is not limited to the following for a procurement officer: 
 
a. where a person is tendering or has a direct or indirect interest in or


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a. where a person is tendering or has a direct or indirect interest in or 
relationship with a Bidder that is or may be reasonably perceived to be 
unethical 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 
opportunity that properly belongs to the Procuring Entity he represents or 
the Government. 
c. where a person 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.


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of manufacturer or contractor with those of consultant. 
e. where their Spouses, Child, Parent, Brothers or Sister. Child, Parent, Brother, or Sister of 
a Spouse their business associates or agents, and ﬁrms/organizations in which they have 
a substantial or controlling interest are participating in a tendering process.  
 
 
Conflict of interest means but is not limited to the following for a bidder: 
 
i. directly or indirectly controls, is controlled by or is under common control 
with another Tenderer; or 
ii. receives or has received any direct or indirect subsidy from another 
Tenderer; or


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iii. has the same - representative or ownership as another Tenderer; or 
iv . 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 
v.  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 
v i. 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 
v ii. would be providing goods, works, or non-consulting services resulting from 
or directly related to consulting services for the preparation or


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or directly related to consulting services for the preparation or 
implementation of the project speciﬁed in the TDS or were provided by any 
afﬁliate that directly or indirectly controls, is controlled by, or is un der 
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 
Contract unless the conﬂict stemming from such relationship has 
been resolved in a manner acceptabl e to the Procuring Entity


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been resolved in a manner acceptabl e to the Procuring Entity 
throughout the Tendering process and execution of the Contract.  
Provided that a conflict of interest may not be inferred: 
i. where a supplier/ manufacturer /contractor/consultant’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 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


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disclosure to the Procuring Entity combine to bid for and/or execute a  
project which may be a Turnkey or Design and Build contract. 
 
"Contract" means an agreement entered in writing between a procuring entity 
and a contractor, supplier or consultant. 
 
"Contractor/consultant/supplier/Service provider/" 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. 
 
Consulting Services” mean any one or a combination of the following:  
 
  (i) advisory and review services.  
 
  (ii) pre-investment or feasibility studies.  
 
  (iii) design.


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(iii) design.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Section 74 of 
the Finance 
Act, 2020


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(iv) construction supervision.  
 
  (v) management and related services; and  
 
  (vi) other technical services or special studies. 
 
 
"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 thereby depriving the Procuring Ent ity 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. 
 
Description of Services” means the detail of the purpose of the assignment, tasks


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Description of Services” means the detail of the purpose of the assignment, tasks 
to be carried under the assignment, and the outputs expected from the assignment. 
 
"Domestic firms/Tenderer" 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 Nigeria, and  
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. 
f. Which does not intend to or subcontract 30% percent or more of the value


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of Nigeria. 
f. Which does not intend to or subcontract 30% percent or more of the value 
of its contract excluding provisional sums to foreign contractors. 
g. Any other firm outside the foregoing is a foreign firm or Tenderer  
         
"Direct Labour Account" means the procurement of civil works by a procuring 
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 actual value of the item in question plus all 
reasonable imputations of cost and profit. 
 
"Fraudulent practice" means anyone or combined misrepresentation or omission


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"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 ev ery 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. 
 
"Government" shall mean the Federal Government of Nigeria.


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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 so licitation of bids from both 
domestic and foreign consultants. 
 
"Joint Venture" means an association 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 the extra markup on price allowed by any 
domestic consultant bidding under International Competitive Bidding without


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domestic consultant bidding under International Competitive Bidding without 
being otherwise disadvantageous to the bid in terms of technical quality; 
 
“Monetary threshold” means the value limit in Naira set by the Bureau outside 
of which a procuring entity may not award a procurement contract without 
prior certification by the Bureau; 
 
"National Competitive Bidding" means the solicitation of bids from domestic 
consultants organized, 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 
competing for a contract, privilege or right to supply specified goods, works,


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competing for a contract, privilege or right to supply specified goods, works, 
construction or services. 
 
"Public Procurement" means the acquisition by any means 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 
Independent Corrupt Practices Commission. 
 
"Services “means the work to be performed by the Service


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Independent Corrupt Practices Commission. 
 
"Services “means the work to be performed by the Service 
Provider/Consultant, as described in the Speciﬁcations and Schedule of 
Activities/Terms of Reference included in the Service Provider's 
Tender. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Section 74 of 
the Finance 
Act, 2020 
 
 
 
Section 74 of 
the Finance 
Act, 2020


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"Solicitation Documents " means the bid solicitation documents or any other 
documents for solicitation of offers, proposals or quotations. 
 
"Subcontractor", means natural person, a legal  person or combination of the 
above to whom any part of the services, goods to be supplied or works to be 
executed is subcontracted by the supplier or contractor. 
 
“Subcontracting Arrangement”, includes an arrangement where any part of the 
consultancy assignment is subcontracted to a natural or legal person or a 
combination of the two. 
 
"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. 
 
"Threshold" refers only to the approving and not the actual process of award;


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solicitation documents. 
 
"Threshold" refers only to the approving and not the actual process of award; 
 
"Validity Period" means the period during which a bidder agrees not to increase 
the cost of its bid or to remove any components of the bid. 
 
5.  If these Regulations conflict with the Government's obligations under agreements 
with other countries or international organizations, the provisions under such 
international agreements shall prevail. 
 
 
6.  Corrupt, Fraudulent, Collusive, or Coercive Practices. 
(1) Where: 
(a)  Procuring Entity establishes the use of corrupt, fraudulent, collusive, or 
coercive practices of any kind in the procurement process, or 
(b) the Bureau establishes same during prior review or post review of 
procurement procedures or procurement audits,


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(b) the Bureau establishes same during prior review or post review of 
procurement procedures or procurement audits,  
(2) the P rocuring Entity shall immediately refer the matter to, or the 
Bureau shall promptly take up the matter, and will, upon 
substantiated evidence, direct:  
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.  Eligibility 
(1) To be eligible to bid for and execute a public procurement contract, every 
Bidder must: 
(a) have the necessary professional and technical qualifications, managerial


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Bidder must: 
(a) have the necessary professional and technical qualifications, managerial 
competence, qualified personnel, bonafide reputation, financial 
capability, equipment and other  physical facilities (including after sales 
service, where appropriate) to perform the contract. 
 
(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. 
 
Section 16 (6), 
PPA, 2007


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(d) have fulfilled all its fiscal obligations and social security 
contributions , and  
 
(e)  not have any partner/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) not be declared ineligible for publicly financed contracts subject to 
paragraph 8 above. 
 
(g)  deposition in an affidavit accompanying the bid stating whether or not 
any officer of the relevant committees of the procurement entity or 
Bureau is a former or present director, shareholder or has any pecuniary 
interest in the bidder or confirm that all information presented in its bid 
are true and correct in all particulars. 
 
8.  Government owned enterprises.


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are true and correct in all particulars. 
 
8.  Government owned enterprises. 
Nothing in these Regulations shall preclude the participation of government -
owned agencies, universities, or research centers from participating in contracts 
for the procurement of consulting services: 
  
 
9.  Hire of Government Officials. 
(1) Persons who are civil/public servants may only participate in or be hired 
under consulting contracts, either as individuals or as members of a team of 
consultants, if they are: 
(a) acting in their capacities as employees of a government -owned agency, 
university, or research center or; 
(b) on leave of absence without pay; and  
(c) where their participation does not cause any conflict-of-interest situation. 
 
10.  Conflict of Interest


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(c) where their participation does not cause any conflict-of-interest situation. 
 
10.  Conflict of Interest 
(1) Where a firm (or the firm with which it is affiliated) combining the functions 
of consultant with those of contractor or is associated with a manufacturer or 
is a manufacturer offering services as a consultant and is short -listed by a 
Procuring Entity for participation in procurement, its proposal shall include 
relevant information on such relationship along with a statement to the effect 
that it shall limit its role to that of a consultant, and that neither the firm nor 
its associates  and or affiliates shall participate in the project in any other 
capacity. 
 
(2) Consultants hired to prepare terms of reference for an assignment may not be


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capacity. 
 
(2) Consultants hired to prepare terms of reference for an assignment may not be 
hired to carry out the assignment itself. 
 
(3) Conflict among consulting assignments:  a Consultant (including its Experts 
and Sub -consultants) or any of its Affiliates shall not be hired for any 
assignment that, by its nature, may conflict with another assignment of the 
Consultant for the same or another Procuring Entity. 
 
Section 16(24) 
PPA, 2007 
11.  Unfair Competitive Advantage 
Fairness and transparency in the selection process require that the Consultants or 
their Affiliates competing for a specific assignment do not derive a competitive


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advantage from having provided consulting services related to the assignment in 
question. To that end, the Procuring Entity shall indicate in the Data Sheet and 
make available to all shortlisted Consultants together with this SBD all 
information that would in that respect give such Consultant any unfair competitive 
advantage over competing Consultants.   
12.  Fraud and Corruption 
(1) The Bureau of Public Procurement requires compliance with the Bureau of 
Public Procurement’s Code of Conduct and Anti-Corruption Guidelines and 
its prevailing sanctions policies and procedures.  
(2)  Consultants shall permit and shall cause their agents (where declared or not), 
subcontractors, sub -consultants, service providers, suppliers, and their


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subcontractors, sub -consultants, service providers, suppliers, and their 
personnel, to permit the Bureau of Public Procurement to inspect all accounts, 
records, and other docum ents relating to any shortlisting process, Tender 
submission, and contract performance (in the case of award), and to have them 
audited by auditors appointed by the Bureau of Public Procurement. 
(3) The Procuring Entity requires the Consultant to disclose any commissions, 
gratuities, or fees that may have been paid or are to be paid to agents or any 
other party concerning the selection process or execution of the Contract.  The 
information disclosed must include at least the name and address of the agent 
or other party, the amount and currency, and the purpose of the commission,


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or other party, the amount and currency, and the purpose of the commission, 
gratuity, or fee. Failure to disclose such commissions, gratuities, or fees may 
result in termination of the Contract and/or sanctions by the Bureau of Public 
Procurement. 
 
13.  Foreign Tenderers 
(a) Joint Ventures (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 ten (10) 
percent of the contract price, excluding provisional sums. 
 
(b) Foreign Tenderers shall source at least forty (40%) percent of their 
contract inputs (in supplies, local subcontracts, and labor) from citizen


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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 tenderers not meeting this 
criterion will be automatically disqualiﬁed. 
 
(c) All foreign Tenderers shall be registered with the relevant Nigerian 
authority and be issued with a Registration Certiﬁcate before they can 
enter into a public procurement contract 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 b e allowed to register before such 
award and signature of the Contract. Application for registration with the 
relevant Nigerian authority may be accessed from www.


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relevant Nigerian authority may be accessed from www. 
https://www.bpp.gov.ng/  
 
 
14.  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. 
Section 17, 18 
& 19 -PPA, 
2007


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(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. 
 
(d) detail indicatively the pro curement 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


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(e) provide for grouping of contracts to obtain economies of scale and reduce 
procurement costs; and 
 
(f) be continuously updated as procurement progresses, or new project s are 
developed in accordance with budgetary provisions. 
 
15.  Mandatory associations prohibited. 
No Procuring Entity shall require a Tenderer to mandatorily enter a joint venture, 
subcontracting or other forms of association or cooperation with specific firms 
whether domestic or otherwise.  A procuring entity can however require that a 
Tenderer indicate its local subcontractors for a procurement activity.  
 
 
16.  Mis-procurement 
(1) Whenever it is established that there exists one or a combination of the 
following instances, i.e.:


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(1) 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 by 
procedures other than approved 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 or misleading information. 
 
(2) 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. 
 
 
17.  Confidentiality 
(1)  After the opening of bids, no information relating to the


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17.  Confidentiality 
(1)  After the opening of bids, no information relating to the 
examination, clarification and evaluation of bids and 
Section 32(8), 
PPA, 2007


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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 noti fied to the successful 
Bidder.   
(2)  From the time the Tenders are opened to the time the Contract is awarded, the 
Consultant should not contact the Procuring Entity on any matter related to 
its Technical and/or Financial Tender. Information relating to the evaluation 
of Tenders and award rec ommendations shall not be disclosed to the 
Consultants who submitted the Tenders or to any other party not officially 
concerned with the process until the Notification of Intention to Award the 
Contract. An exception to this rule is where the Procuring Ent ity seeks


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Contract. An exception to this rule is where the Procuring Ent ity seeks 
clarification of the bid from the consultant as part of the evaluation process. 
(3)  Any attempt by shortlisted Consultants or anyone on behalf of the Consultant 
to influence improperly the Procuring Entity in the evaluation of the Tenders 
or Contract award decisions shall result in the rejection of its Tender and be 
sanctioned. 
 
(4)  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.  
 
18.  The Consultant shall  
(a) take out and maintain and shall cause any Sub-consultants to take


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18.  The Consultant shall  
(a) take out and maintain and shall cause any Sub-consultants to take 
out and maintain, at its (or the Sub-consultants’, as the case may 
be) own cost but on terms and conditions approved by the 
Procuring Entity, insurance against the risks, and for the coverage 
specified in the Contract. 
(b)  at the Procuring Entity’s request, provide evidence to the 
Procuring Entity that such insurance has been taken out and 
maintained and that the current premiums, therefore, have been 
paid. The Consultant shall ensure that such insurance is in place 
before commencing the Services. 
 
19.  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


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all Federal procurements during the procurement process and prior to contract 
award 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. 
 
Section 16 (1), 
PPA, 2007 
20.         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.
  
 
Section 38), 
PPA, 2007 
21.  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 of


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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 
Section 54, 
PPA, 2007


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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 
Procuring Entity undertaking the procurement. The Accounting Officer shall 
communicate its decision in writing to the Bidder within 15 working days


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communicate its decision 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  or expiration of 15 days within which 
Accounting Officer ought to decide his complaints without the bidder 
receiving the decision in writing. The BPP shall review the case and issue a 
written declaration within 21 working days stating what corrective action has


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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 is dissatisfied with the decision or the BPP or the BPP fails to 
decide or communicate its decision to the Bidder within the time provided, 
the Bidder 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 or expiration of the time within which the Bureau ought to decide its 
appeal. 
 
(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;


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(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; and 
(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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
S. 73 of the 
Finance Act, 
2020 
  PART II — INSTITUTIONAL AND REGULATORY FRAMEWORK  
22.  (1) The procurement function in the Federal Republic of Nigeria (FRN) will be 
carried out and supervised at three levels: 
(a) National Council on Public Procurement, hereinafter called the Council. 
(b) Bureau of Public Procurement, hereinafter called the Bureau; and


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(b) Bureau of Public Procurement, hereinafter called the Bureau; and 
(c) Procuring and Disposal entity, hereinafter called the Procuring Entity.  
 
 
23.  (1) The Council will be the overall public procurement supervisory body in the 
FRN. The Council shall consist of: 
(a) the Minister of Finance as Chairman. 
(b) the Attorney-General and Minister of Justice for the Federation;


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(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 
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.


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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) recei ve 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 
(f) give such other directives and perform such other functions as may be 
necessary to achieve the objectives of the Procurement Act.


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necessary to achieve the objectives of the Procurement Act. 
24.  (1) The Bureau shall perform the executive functions of regulating the conduct 
of procurement in the FRN.   
(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 
 
25.  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;


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procurement process; 
(b) the establishment of pricing standards and benchmarks; 
(c) ensuring application of fair, com petitive, 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. 
 
 
26.  The Bureau shall perform the following functions:


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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 cl assifications 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 bidding and contract documents; 
(n) prevent fraudulent and unfair procurement and where  necessary apply 
administrative sanctions; 
(o) review the procurement and award of contract procedures of every 
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; 
(r) establish a single internet portal that shall 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 
 
 
27.  (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.


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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 Ac counting 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 of the awarded contract is in 
accordance with the terms and the conditions of award; 
(f) implementing the recommendations of the Bureau;


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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;


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(h) establishment of a Procurement Management Unit; 
(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 complaint s to the 
Bureau 
 
28.  (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, provided that the political heads are 
not the 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;


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(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 
29.  (1) The Procurement 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 Unit will have the responsibility of processing all


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of the Tenders Board. 
 
(2) The Procurement 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, bidding and request for proposals; 
(d) issuing documents for: soliciting quotations, prequalification, bidding and 
request for proposals; 
(e) receiving and arranging opening of prequalification documents, bids, 
quotations and, request for proposals;


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(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; 
(l)  preparation of documentation on complaints for submission to the Bureau;


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for approval; 
(l)  preparation of documentation on complaints for submission to the Bureau; 
(m) preparation of all data and information required by the Bureau;


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any other assignment that will be given by the Accounting Officer that may be 
necessary to enhance performance of the procurement function. 
 PART IV — PRINCIPLES AND METHODS OF CONSULTANTS SELECTION  
30.  (1) Scope of Consulting Services. Procuring Entities may need consulting 
services for a variety of needs in engineering, architecture, economics and 
finance, management of projects and procurement, or a combination thereof. 
Consulting services may be classified into the following categories: 
 
(a) Advisory or Counseling Services , including staffing, training, and 
institution building, and specific advice on issues and projects; 
 
(b) Pre-Investment Studies , including identification, pre -feasibility, and 
feasibility studies, including regional or sectoral planning, policy and


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feasibility studies, including regional or sectoral planning, policy and 
investment priorities; 
 
(c) Engineering and Design Studies , to define the scope and design of a 
project, such as the preparation of drawings, specific ations, detailed cost 
estimates, and complete tender documents for the invitation of bids for 
construction and/or equipment procurement. In addition, these services 
may include assistance in the prequalification of contractors, analysis of 
bids and recommendations on the award of contracts, and drawing up final 
contract provisions with the selected contractor; 
 
(d) Implementation or Supervision Services , to ensure execution of the 
project per the terms and conditions of the contract, manage expenditure


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project per the terms and conditions of the contract, manage expenditure 
control, and provide certification of materials, quantities, and invoices 
submitted by the contractors and suppliers. Such services may also include 
introducing modifications in the design or specifications, as necessary, 
upon prior agreement with the Procuring Entity or the owner of the project. 
 
(e) Project Management , where the Procuring Entity engages a Project 
Management Consultant to undertake the overall responsibility for 
planning, design, procurement, construction, and commissioning of a 
project. The Project Management Consultant acts as the Procuring Entity’s 
executing arm in all matters connected with the implementation of a


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executing arm in all matters connected with the implementation of a 
project. There is no uniform pattern according to which services under this 
category are rendered: sometimes a consultant may be engaged  to act as 
the sole project consultant often with vast powers, or an independent 
consultant may be appointed under a project manager and be entrusted with 
the discharge of specific tasks. 
 
(f) In addition, the Procuring Entity may also need specialist services  to assist 
it in the preparation and appraisal of projects, and the supervision and 
evaluation of ongoing projects or to provide advice on technical matters. 
  
 
31.  Types of Consultants. 
(1) Consultants, to who these Regulations apply, may be grouped into one or  a 
combination of the following:


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(a) independent consulting firms (business and/or professional partnerships, 
private companies or corporations operating internationally or nationally, 
financial institutions, and procurement agents); 
 
(b) autonomous/semi-autonomous government organizations, multilateral 
agencies, or non-governmental organizations (NGOs); 
 
(c) universities/research institutes; 
 
(d) consulting firms forming part of, or otherwise affiliated to, or associated 
with, or owned by contract ors or manufacturers; or consulting firms 
combining the functions of consultants with those of 
contractors/manufacturers (see paragraphs  4 and 10 on  conflicts of 
interest); and 
 
(e) individual consultants. 
32.  Training and Transfer of Technology.


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interest); and 
 
(e) individual consultants. 
32.  Training and Transfer of Technology. 
(1) If the consulting assignment includes an important component for training or 
transfer of knowledge, the terms of reference shall indicate the objectives, 
nature, scope, and goals of the training program, including details on trainers 
and trainees, skills to be tr ansferred, time frame, and monitoring and 
evaluation arrangements. The cost for the training program shall be included 
in the budget for the assignment and the consultant’s contract. 
 
33.  Criteria for Selection of Consultants. 
(1) Subject to such other regulations as may herein be prescribed by the Bureau: 
 
(a) Price shall not be the sole criterion for the selection of Bidders for the 
provision of consulting services;


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(a) Price shall not be the sole criterion for the selection of Bidders for the 
provision of consulting services; 
 
(b) The selection of consultants shall be based on the numerically weighted 
assessment of the experience, performances, quality of personnel, price, 
and methodology, such as to rank the Bids from highest to lowest in terms 
of their calculated ratings. The Bid with the highest calculated rating shall 
be the “Highest Rated/Evaluated Bid”. 
 
 
34.  Procedure for Consultant Selection 
(1) Every Procuring Entity shall proceed to the selection of consulting firms by 
conducting activity in the following order: 
 
(a) Preparation of the Terms of Reference; 
 
(b) Preparation of the cost estimate (budget);


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(a) Preparation of the Terms of Reference; 
 
(b) Preparation of the cost estimate (budget); 
 
(c) Determination of the appropriate consultant selection method and the 
appropriate contract type for the assignment; 
 
(d) Preparation and publication of a Request for Expressions of Interest for 
the consulting assignment if pre-qualification is required; 
 
(e) After completion of the analysis of the Expressions of Interest, 
preparation of a short list of qualified consultants;


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(f) Preparation of a Standard Bidding Document  (SBD) with the selection 
criteria in the Specific Instructions, and the draft contract, in particular 
the Special Conditions of the Contract, and issuing the package to the 
short-listed consultants;   
 
(g) Evaluation of the technical proposals; 
 
(h) Public opening of the financial proposals; 
 
(i) Evaluation of the financial proposals; 
 
(j) Selection of the best -ranking proposal based on predetermined criteria 
disclosed in the bidding documents , followed by negotiations with the 
selected consultant, and 
 
(k) Awarding the contract to the selected consultant and signing it. 
 
35.  The Terms of Reference (TOR). 
(1) The TOR shall define the work that the consultant is required to perform; 
 
(2) Every TOR shall indicate:


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(1) The TOR shall define the work that the consultant is required to perform; 
 
(2) Every TOR shall indicate: 
 
(a) the scope and objective of the project; 
 
(b) the relevant background, including available studies, of the project and 
institutions concerned; 
 
(c) the type of services required, and objectives sought; 
 
(d) Team composition and minimum qualifications and experience required. 
 
(e) the schedules of implementation and expected outputs (periodic reports, 
documents, expected contents of reports and end products); 
 
(f) the scope and nature of the transfer of technology and training, if required; 
 
(g) the method of remuneration for the services; 
 
(h) the responsibilities of the Procuring Entity (client) and those of the 
consultant;


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(h) the responsibilities of the Procuring Entity (client) and those of the 
consultant; 
 
(i) information on the Procuring Entity’s counterpart staff to be associated with 
the service and the facilities that will be provided to the consultant; 
 
(j) the approximate number of staff months that may be required;  
 
(k) an indication if “supplementary work” will be required (such as detailed 
engineering after the feasibility study, or supervision of implementation 
after detailed engineering), when continuity is essential. If this possibility 
is part of the project, the Procuring Entity shall indicate clearly in the SBD


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the scope and requirements for this follow -up assignment. Short -listed 
consultants shall duly respond to the criteria of this assignment, to arrive 
at an equitable and transparent selection during proposal evaluation and to 
enable the Procuring Entity to negotiate a suitable contract for the follow-
up assignment with the selected consultant when the situation arises.  
 
(l) All other important elements considered necessary to enable the consultant 
to submit a comprehensive proposal and estimate of the cost. 
 
36.  TOR for Complex assignments. 
 
TORs for assignments of a complex nature such as might require high technical 
knowledge and skills, research and innovation to achieve the aims of the 
assignment may be issued stipulating the allowance for the consultants to propose


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assignment may be issued stipulating the allowance for the consultants to propose 
suitable approaches and methodology to meet the aims of the procuring Entity. 
 
TOR for complex works for example will have components addressing bidders 
Environmental and Social Management Plan and ESHS history that may not be 
found in other types of TOR.  
 
 
37.  Preparation of complex TORs. 
 
Where a Procuring Entity does not have the capacity to prepare the TORs for a 
complex assignment, it may engage a specialist with the requisite qualifications 
to prepare such a TOR per the Regulations for Individual Consultants (Section 
V). 
 
 
38.  Description of Services. 
The TOR and any modifications agreed upon at the negotiation stage shall


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V). 
 
 
38.  Description of Services. 
The TOR and any modifications agreed upon at the negotiation stage shall 
constitute the “Description of Services” in the contract between the consultant and 
the Procuring Entity. 
 
39.  Cost Estimate (Budget). 
(1) The Procuring Entity shall estimate the cost of a proposed consulting 
assignment, including:  
 
(a) the estimated resources needed for the assignment (level and type of 
personnel, realistic staff time, physical outputs, and logistical support, if 
needed (such as vehicles, office supplies, and computer equipment);  
(b) cost estimates covering the technical re quirements of the TOR to ensure 
that the financial commitments of the consultants fully reflect their 
technical proposals, which - if inaccurate - could result in deficient


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technical proposals, which - if inaccurate - could result in deficient 
proposal evaluation and contract award, and unsatisfactory contract 
implementation;  
(c) costs divided into two separate categories:  
 
 
i. remuneration (fees) and; 
ii. reimbursable cost items (travel and transport, communications, 
production of reports, office rent, local staff salaries, local taxes, 
etc.);


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(d) local taxes (indirect and direct) and customs duties on imported 
equipment and supplies, which shall be identified separately from the 
base cost.  
 
40.  Non-Consulting Services  
Procuring Entity’s Requirements. 
 
In place of a TOR, the SDB for Non -Consulting services set out in Section VII 
Procuring Entity’s Requirements. 
This section comprises of the following; 
a) An Activity Schedule to i) provide sufﬁcient information on the quantities 
of Services to be performed to enable Tenders to prepare Tenders that 
address procuring entity needs. ii)itemize in sufﬁcient detail and 
distinguish between the different classes of Services, or between Services 
of the same nature carried out in different locations or in other


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of the same nature carried out in different locations or in other 
circumstances which may give rise to different considerations of cost.  
b) Provisional Sums indicating estimated cost of specialized services to be 
carried out, or of special goods to be supplied, by other Service Providers 
c) Performance Specifications and Drawings; A set of precise and clear 
speciﬁcations that enable Tenderers to respond realistically and 
competitively to the requirements of the Procuring Entity without 
qualifying or conditioning their Tenders. Where necessary it will include 
drawings. 
d) Appendix A - Description of the Services, providing detailed descriptions 
of the Services to be provided, dates for completion of various tasks, place


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of the Services to be provided, dates for completion of various tasks, place 
of performance for different tasks, speciﬁc tasks to be approved by 
Procuring Entity, etc. 
e) Appendix B - Schedule of Pa yments and Reporting Requirements, 
comprising a list of all milestones for payments and the format, 
frequency, and contents of reports or products to be delivered; persons to 
receive them; dates of submission; etc.  
f) Appendix C - Breakdown of Contract Price. This will contain the 
elements of cost used to arrive at the breakdown of the lump-sum price if 
a Lum sum Contract and parameter and unit rates for calculating fees if a 
time-based contract: Additionally, it will c ontain rates for Equipment 
Usage or Rental or Personnel (Key Personnel and other Personnel) ,


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Usage or Rental or Personnel (Key Personnel and other Personnel) , 
Reimbursable expenditures. This appendix will exclusively be used for 
determining remuneration for additional Services. 
g) Appendix D - Services and Facilities Provided by the Procuring Entity 
 
 
41.  Fundamental Principles  
(1) The appropriate methods, procedures and contract award for public 
procurement of services shall be subject to the prior review thresholds as may 
be set from time to time by the BPP. 
(2) Value for money obtained through efficiency, fitness to purpose, fair access 
to bids and transparency, shall remain the main objective of the Procuring 
Entity. 
(3)  Contracts shall not be split into smaller units in order to avoid competitive


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Entity. 
(3)  Contracts shall not be split into smaller units in order to avoid competitive 
bidding or be dis tributed among various lots to different bidders to enlarge 
bidder participation at the cost of lesser economy and efficiency. 
Section 16 (4) 
PPA, 2007


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42.  Open Competitive Bidding. 
(1) Except as otherwise provided in these Regulations, all Procuring Entities shall 
use Open Competitive bidding for the procurement of goods and works and 
related services. 
(2) Provided that the accounting officer of a procuring entity may  submit a 
request and obtain the approval of the Bureau , where such procuring entity 
desires to ap ply any other procurement option prescribed in the Public 
Procurement Act,  
 
Section 24, 
PPA, 2007. 
 
 
 
Section. 69 
Finance Act, 
2020. 
 Selection Methods  
43.  (1) The Procuring Entity shall use any of the following selection methods: 
                
Quality and Cost-Based Selection – QCBS 
(a) Selection based on the technical quality with price consideration. Using


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Quality and Cost-Based Selection – QCBS 
(a) Selection based on the technical quality with price consideration. Using 
this method, quality and price factors are combined and weighted in 
varying proportions depending on the importance of the quality versus 
price. The weight given to price in the overall ranking of the consultants 
shall depend on the technical complexity of the assignment and the nature 
of the project. Careful consideration shall be given to evaluations to assure 
those price considerations do not compromise q uality. Generally, the 
proportional weights shall be set at 80 points for quality and 20 points for 
price but could be 70 and 30 points, respectively, for assignments of 
standard or routine nature, or conversely 90 and 10 points, for assignments


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standard or routine nature, or conversely 90 and 10 points, for assignments 
where tech nical quality is of critical importance. Only the technical 
proposals which have passed the minimum technical mark set in the SBD 
will proceed to the financial evaluation. The required methodology shall 
be explained in the SBD. 
 
Quality Based Selection – QBS: Section 32. 
(b) Selection based solely on the technical quality of proposals, where the 
degree of technical quality is of paramount importance and decisive for the 
success of the project. 
 
Least-Cost Selection – LCS: 
(c) Selection based on the technical quality of comparable smaller and routine 
assignments, where the qualified lowest financial proposal is selected. 
 
 
 
Fixed Budget Selection – FBS:


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assignments, where the qualified lowest financial proposal is selected. 
 
 
 
Fixed Budget Selection – FBS: 
(d) Selection based on a fixed budget, for simple assignments for which the 
budget is fixed and cannot be increased. 
 
Consultants Qualification Selection – CQS 
(e) Selection based on the Consultants’ Qualifications, for smaller 
assignments, where the selection procedure only comprises the comparison 
of the most appropriate qualification and references. The selected most 
qualified consulting firm is requested to prepare a technical and financial 
Sections 51 of 
the PPA, 2007


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proposal based on detailed TOR. For this procedure, only a simplified SBD 
is required. 
 
Sole-Source Selection (or Direct Contracting) (SSS) 
(f) For services, Sole Source Selection is allowed only in exceptional 
circumstances, subject to BPP prior certification, and generally for small 
assignments only. 
 
 
44.  Thresholds for the Selection Method 
(1) The selection methods, procedures, and contract award shall be subject to the 
prior review thresholds as may be set from time to time by the BPP. 
 
(2) The application of selection methods, procedures, and the award of consulting 
contracts shall be subject to monetary thresholds set by the BPP from time to 
time.   
 
Section 25(1) 
  
PART V COMMON ELEMENTS OF THE SELECTION METHODS


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time.   
 
Section 25(1) 
  
PART V COMMON ELEMENTS OF THE SELECTION METHODS 
 
45.  Choice of the appropriate selection method. 
(1) The Procuring Entity shall determine the appropriate method for selection of 
consulting firms by reference to the TOR , Procuring Entity Work 
Requirements in case of Non-Consulting Services and the types of and 
complexity of tasks to be carried out under the assignment. The need for and 
timing of consulting services shall be based on the procurement plan, the 
approved expenditure, and the schedule for implementation of the project.  
 
 
46.   
In cases of national defence and security, the selection of consultants may be 
subject to such procedures and considerations as prescribed by the BPP. 
 
47.  Standard Bidding Document


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subject to such procedures and considerations as prescribed by the BPP. 
 
47.  Standard Bidding Document  
(1) For all selection methods (except CQ and SS, when only a simplified SBD 
is necessary), the Procuring Entity shall prepare a solicitation documents, 
using the Standard Bidding Document and contract documents approved by 
the BPP. 
 
 
48.  Contents of the SBD. 
The applicable Standard bidding Documents for Services shall include and not be 
limited to; 
 
a) Standard Bidding Documents for Procurement of Non -Consulting 
Services (Maintenance Lump-Sum). 
b) Standard Bidding Documents for Procurement of Non -Consulting 
Services (Maintenance Time and Materials). 
c) Standard Bidding Document For other Non-Consulting Service (Generic)


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Services (Maintenance Time and Materials). 
c) Standard Bidding Document For other Non-Consulting Service (Generic)   
d) Standard Bidding Document for Procurement of Consulting Services 
(Lump Sum and Time Based)


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e) The Standard Bidding Documents  (Request For Proposals)  for 
Procurement of Consulting Firms Small Assignments (Lump Sum and 
time Based) second edition 2011 continues to apply to procurement below 
a threshold set by the Bureau. 
f) The Standard Bidding Documents ( Request for Proposals) for Selection 
of Individual Consultants( Lump sum and Time Based) second edition 
2011 continues to apply to procurement of individual consultants  below 
a threshold set by the Bureau  
 
The Standard Bidding document for services each consists of Parts 1, 2, and 3, 
which include all the sections indicated below and should be read in conjunction 
with any Addenda issued thereto. 
 
PART 1: Tendering Procedures 
i) Section I-Instructions to Tenderers (ITT) - a standard section comprising


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PART 1: Tendering Procedures 
i) Section I-Instructions to Tenderers (ITT) - a standard section comprising 
the Instructions to Consultants (ITC) on how and when to submit their 
proposals, complemented by the Specific Instructions elaborating on the 
standard instructions and indicating the specific requirements for the 
proposed assignment, including the evaluation criteria; 
ii) Section II-Tender Data Sheet (TDS) 
iii) Section III-Evaluation and Qualiﬁcation Criteria 
 iv) Section IV – Tendering Forms 
 
PART 2: Procuring Entity's Requirements 
v) Section V- Procuring Entity's Requirements 
 
PART 3: Contract 
vi) Section VI- General Conditions of Contract (GCC) 
vii) Section VII- Special Conditions of Contract (SCC) 
viii) Section VIII- Contract Forms


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vii) Section VII- Special Conditions of Contract (SCC) 
viii) Section VIII- Contract Forms  
 
The Standard Bidding Documents for Consulting Services includes the following 
documents: 
Section 1 – Standard Bidding Documents Letter 
Section 2 - Instructions to Consultants and Data Sheet 
Section 3 - Technical Tender ([select: FTP or STP]) - Standard Forms 
Section 4 - Financial Tender - Standard Forms 
Section 5 – Eligible Countries 
Section 6 – Fraud and Corruption 
Section 7 - Terms of Reference 
Section 8 - Standard Forms of Contract ([select: Time-Based or Lump-Sum]) 
 
The Standard Bidding Documents for Non -Consulting Services includes th e 
Invitation to Tender and the following documents. 
Section 1 Instruction to Tenderers  
Section 2 Tender Data Sheet


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Section 3 Evaluation and Qualification Criteria  
Section 4 Tender Forms  
Section 5 Activity Schedules Performance Specifications and Drawings  
Section 6 General Conditions of Contract  
Section 7 Special Conditions of Contract  
Section 8 Contract Forms   
 
49.  The Tender shall comprise the following: 
(a) Form of Tender prepared; 
(b) Schedules: Schedules or Requirements and priced Activity Schedule 
completed; 
(c) Tender Security or Tender-Securing Declaration; 
(d) Alternative Tender: if permissible; 
(e) Authorization: written conﬁrmation authorizing the signatory of the 
Tender to commit the Tenderer; 
(f)Qualiﬁcations: documentary evidence establishing the Tenderer's 
qualiﬁcations to perform the Contract if its Tender is accepted;


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qualiﬁcations to perform the Contract if its Tender is accepted; 
(g) Tenderer's Eligibility: documentary evidence establishing the Tenderer's 
eligibility to Tender; 
(h) Conformity: documentary evidence per ITT 18, that the Services conform 
to the tendering document; and 
(i)Any other document required in the TDS. 
 
50.  
Cost of Tendering 
(1) The Tenderer shall bear all costs associated with the preparation and 
submission of its Tender, and the Procuring Entity shall not be responsible or 
liable for those costs, regardless of the conduct or outcome of the Tendering 
process. 
Language of Tender 
(2) The Tender as well as all correspondence and documents relating to 
the Tender exchanged by the Tenderer and the Procuring Entity shall


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the Tender exchanged by the Tenderer and the Procuring Entity shall 
be written in the English language. Supporting documents and printed 
literature that are part  of the Tender may be in another language 
provided they are accompanied by an accurate translation of the 
relevant passages into the English language, in which case, for 
purposes of interpretation of the Tender, such translation shall govern. 
 
 
51.  (1) Unless obtained directly from the Procuring Entity, the Procuring Entity is 
not responsible for the completeness of the document, responses to requests 
for clariﬁcation, and the Minutes of the pre -Tender meeting (if any), or 
Addenda to the tendering document. In case of any contradiction, documents 
obtained directly from the Procuring Entity shall prevail.


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obtained directly from the Procuring Entity shall prevail. 
(2) The Tenderer is expected to examine all instructions, forms, terms, and 
speciﬁcations in the tendering document and to furnish with its Tender all 
information or documentation as is required by the tendering document.


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52.  (1) At any time before the deadline for submission of Tenders, the 
Procuring Entity may amend the Tendering document by issuing 
addenda. 
(2) Any addendum issued shall be part of the tendering docu ment and 
shall be communicated in writing to all who have obtained the 
tendering document from the Procuring Entity. The Procuring Entity 
shall also promptly publish the addendum on the Procuring Entity's 
webpage. 
(3) To give prospective Tenderers reasonable t ime in which to take an 
addendum into account in preparing their Tenders, the Procuring 
Entity shall extend, as necessary, the deadline for submission of 
Tenders. 
 
 
53.  
Only One Bid 
The Consultant (including the individual members of any Joint Venture)


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Tenders. 
 
 
53.  
Only One Bid 
The Consultant (including the individual members of any Joint Venture) 
shall submit only one Tender, either in its name or as part of a Joint 
Venture in another Tender. If a Consultant, including any Joint Venture 
member, submits or participates in more th an one Tender, all such 
Tenders shall be disqualified and rejected. This does not, however, 
preclude a Sub-consultant, or the Consultant’s staff from participating as 
Key Experts and Non -Key Experts in more than one Tender when 
circumstances justify and if stated in the Data Sheet. 
 
54.  Modifications to SBD for consulting Services  
Instructions to Consultants, shall not be modified. Any necessary changes, 
acceptable to the Bureau of Public Procurement, to address specific country and


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acceptable to the Bureau of Public Procurement, to address specific country and 
project issues, to supplement, and amend, the provisions of the Instructions to 
Consultants (ITC), shall be introduced through the Data Sheet only.  
 
 
 
55.  Selection Criteria 
For all selection methods, including CQS and SS, the consultant shall be required 
to submit both technical and financial proposals. 
Section 49 
(11), PPA, 
2007 
56.  Setting the Technical Selection Criteria in the SBD. 
(1) The procuring entity shall base its selection of consultants on the following 
factors: 
(a) the consultant’s professional qualifications, reliability, professional and 
managerial competence, and relevant experience for the assignment;


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managerial competence, and relevant experience for the assignment; 
(b) the effectiveness of the proposal in meeting the needs of the Procuring 
Entity (thoroughness of the consultant’s methodology, approach, and work 
plan, including its comments on the TOR); 
(c) the qualifications , relevant experience and  expertise of the key staff 
proposed for the assignment and whether the majority of such staff are 
drawn from the permanent staff of the consultant; 
(d) the price of the proposal; 
(e) for short lists including international consultants: the consideration given 
by international consultants to the inclusion of domestic consultants in the 
consulting assignment. 
(f)   Consultants’ financial capacity where relevant


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(g) Consultants contract management experience and ESHS performance in 
the past where relevant, particularly as it relates to Non -Consulting 
Services  
(h) The Procuring Entity shall for all selection methods subject to competition 
(that is except for CQS and SSS), grade the technical criteria on a scale of 
0 to 100 points. This grading scale is detailed in the Specific Instructions 
of the SBD. A Procuring Entity may adjust the evaluation criterion based 
on the importance of each criterion for the assignment.  
 
 As an example, the following range shall be used for domestic short-lists: 
 
            Example 
 
    Grading Scale of Technical Quality    Range                1         2 
 
    Consultants’ qualifications 5-10    
    and experience relevant points 10 10


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Consultants’ qualifications 5-10    
    and experience relevant points 10 10  
   to the assignment 
 
   Methodology, Approach  20-50 50 30 
   (Understanding of the TOR), points 
   Work Plan, 
 
    Qualifications of key personnel 30-60  30 55 
 Points 
 
   Transfer of Technology (training)  0-10  10 5 
   (If asked for in the SBD) points 
  
   Total (not to exceed) 100  100 100 
 points 
 
 For shortlists involving international consultants, the scale might be as follows: 
 
              Example 
 
   Grading Scale of Technical Quality Range 1 2 
 
   Consultants’ qualifications  
   and experience relevant to the  
   assignment 5-10 points 05 05 
 
   Methodology, Approach  
   (Understanding of the TOR),  
   Work Plan, 20-50 points 50 30


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Methodology, Approach  
   (Understanding of the TOR),  
   Work Plan, 20-50 points 50 30 
 
   Qualifications of key personnel 30-60 points 30 45 
 
   Transfer of Technology (training) 
   (If asked for in the SBD)  0-10 points 05 10


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Use of Domestic Consultants 0-10 points 10 10 
 
   Total (not to exceed) 100 points 100 100 
 
57.  The allocation of points to the above factors will differ for the type of assignment. 
For assignments of detailed engineering and design (example 1), greater weight 
shall be given to the consultant’s proven experience and past performance, and 
relatively lesser weight shall be given to key staff because such assignments are 
mostly carried out at a consultant’ s home office. For an assignment for 
construction supervision and implementation services (example 2), the quality of 
key staff is much more important, since it has a direct bearing on supervision and 
management of the works, quality of performance and quality control, as well as 
the transfer of technology/know-how.


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the transfer of technology/know-how. 
 
 
58.  The Procuring Entity’s Specific Instructions in the SBD may divide the above 
main criteria into sub -criteria, each of which shall be awarded subpoints, also 
weighed on a scale of 0 - 100 (e.g., for “methodology and work plan”, the sub -
criteria may be “innovation” and “relevance of detail”.) However, the number of 
sub-criteria should be kept to a minimum (generally not more than three) to avoid 
that the evaluation becomes too mechanical and a “numbers game”. Sub-criteria 
are also customary for the proposed key staff ( e.g., general qualifications and 
experience, adequacy for the assignment, leadership role in the area of the 
assignment, knowledge of the region, language proficiency, etc.). 
 
 
59.  Types of Consulting Contracts.


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assignment, knowledge of the region, language proficiency, etc.). 
 
 
59.  Types of Consulting Contracts. 
(1) When preparing the SBD, the Procuring Entity shall select the type of contract 
to be used for the consulting assignment. The Procuring Entity shall select the 
most appropriate one of the standard forms of contracts for consultants’ 
services as prepared by the BPP.  This is the case also with Non -Consulting 
Services.  
(2) These standard forms of contracts shall be as contained in the Standard 
Bidding Document:  
 
(a) Lump Sum Contracts for complex assignments; 
(b) Lump Sum Contracts for maintenance; 
(c) Contracts for procurement of services – time and materials 
(d)  Lump Sum Contracts for simple assignments; 
(e) Time-Based Contracts for complex assignments;


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(d)  Lump Sum Contracts for simple assignments; 
(e) Time-Based Contracts for complex assignments; 
(f) Time-Based Contracts for simple assignments; 
(g) Lump-sum and time-based contracts for individual consultants. 
 
 
60.  Request for Expressions of Interest to be advertised. 
 
(1) The Procuring Entity shall advertise requests for “expressions of interest” 
(EoI) from interested firms in at least two widely distributed publications, the 
procurement journal, and on the Procuring Entity’s website.  
(2) To enable the Procuring Entity to evaluate the EoI submissions and draw up 
a short list, the Request for EoIs shall list explicit criteria of the assignment 
including: 
Sections 44 
(a)(b), and 46, 
PPA, 2007


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(a) A statement of the subject and main elements of the assignment and 
the timeframe for the conduct of the assignment. 
(b) stipulations for consultants to provide details (technical and 
financial) of the core business of their organization and years of 
experience, relevant experience in assignments of similar nature, 
references that can attest to successful completion, key per sonnel 
available for the assignment, and any other information that may 
show the consultant’s ability to carry out the assignment 
satisfactorily;   
(c) the name, telephone, fax number, website, e -mail address, and 
physical address of the Procuring Entity and the responsible contact 
person; 
(d) Stating the time for response to the EoI (not less than 14 days from 
publication).


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person; 
(d) Stating the time for response to the EoI (not less than 14 days from 
publication).  
 
(3) The 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 th reshold of the Ministerial Tenders Board before the deadline for 
submission 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


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for National Competitive Tendering except that bids shall be advertised in at 
least two national newspapers and one relevant internationally recognized 
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. 
 
61.  (1) Subject to the provision of SBD, the evaluators of the Technical Tenders shall 
have no access to the Financial Tenders until the technical evaluation is


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have no access to the Financial Tenders until the technical evaluation is 
concluded and the Bureau of Public Procurement issues its “no objection”, if 
applicable.  
(2) The Consultant is not permitted to alter or modify its Tender in any way after 
the Tender submission deadline except as permitted under ITC 12.7. While 
evaluating the Tenders, the Procuring Entity will conduct the evaluation 
solely based on the submitted Technical and Financial Tenders.  
 
62.  Finality of Shortlists. 
A shortlist shall be drawn up only after the deadline for the submissions of EoIs. 
Once the Procuring Entity has drawn up a shortlist no further application from 
other firms or individuals shall be considered and the Procuring Entity shall not 
add or delete names without BPP’s prior approval.


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63.  Joint ventures. 
(1) Consulting Firms may enter into associations with one or more other firms to 
enhance their technical capacity. Such associations may be either for the long 
term or a specific assignment. 
(2) Such associations may take different forms and constitute: 
 
(a) a Joint Venture, whereby all members are jointly and severally liable 
for the entire contract, and all members are required to sign the contract 
with the client; or  
(b)  a Subcontracting Arrangement, whereby the lead firm assumes 
complete responsibility for and coordination of the intellectual 
property and related services and signs the contract with the client, 
while the subcontractor only executes part of the cont ract assigned to 
it under specific terms of reference, and for this purpose signs a


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it under specific terms of reference, and for this purpose signs a 
subcontract with the lead-firm.  
(5) After the shortlist is finalized and the SBD is issued, any form of a joint 
venture, other association, or subcontracting among the short -listed 
consultants, as well as with non-short-listed consultants, shall be allowed only 
with the approval of the Procuring Entity, and must be communicated in 
writing to the Procuring Entity at least 14 days before the Proposal submission 
date and per the provisions of the SBD. 
(6) Non-domestic consulting firms may associate with one or more domestic 
consulting firms. However, no Procuring Entity may stipulate conditions that 
require mandatory joint ventures or other forms of associations between


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require mandatory joint ventures or other forms of associations between 
specific consulting firms. Procuring entities intending joint ventures between 
non-domestic and domestic consulting firms should include a statement to 
that effect in the EoI for the assignment.  
 
 
64.  Domestic Preference 
(1) In the case of ICT, a margin of preference shall not be allowed unless it is so 
speciﬁed in the Tendering document. A procuring entity shall not subject the 
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, textiles, foodstuffs, oil and gas, information communication


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(b) furniture, textiles, 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  
 
 
65.  Reservations  
 
A Procuring Entity may reserve a consulting 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, Youth Enterprises, and Enterprises of persons living with disability, 
as the case may be). The procuring entity shall ensure that the letter of invitation 
to express interest speciﬁcally indicates so, and if not so stated in the Tender


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to express interest speciﬁcally indicates so, and if not so stated in the Tender 
documents, the invitation to tender will be open to all interested service providers.  
Contracts procured on basis of international competitive tendering shall not be 
subject to reservations to speciﬁc groups.


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66.  Letter of Invitation (LoI) in the SBD 
(1) The Procuring Entity shall ensure that the ‘Letter of Invitation (LoI) includes 
the following:  
(a) the subject of the assignment;  
(b) a statement that the financing of the assignment is provided for in 
the budget of the Procurement Entity;  
(c) a statement that the LOI is a formal invitation to submit proposals 
to undertake the assignment; 
(d) a statement that a consulting firm shall be selected on a competitive 
basis;  
(e) the selection method; 
(f) the details of the Procuring Entity; 
(g) the names of the short-listed consultants;  
(h) the list of the documents attached (Instructions to Consultants, TOR, 
Standard Forms for the technical and financial proposals,  and the


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Standard Forms for the technical and financial proposals,  and the 
draft Standard Contract) based on which the proposals shall be 
formulated; 
(i) an indication if it is a fixed price consultancy or if the duration of 
the assignment may be longer than 18 months, and will be subject 
to price adjustment; 
(j) the deadline for proposal submission; 
(k) if the submission procedure will include a pre-proposal meeting; 
(l) a statement that the invited consultants are requested to respond 
immediately to the Procuring Entity that they are interested to 
submit a proposal for the assignment or that they decline. 
 
Section 46, 
PPA, 2007 
67.  Instructions to Short-listed Consultants (ITC) in the SBD. Section 48. 
(1) All SBDs shall be accompanied by ‘Instructions to Consultants’ (ITC) and


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(1) All SBDs shall be accompanied by ‘Instructions to Consultants’ (ITC) and 
associated Specific Instructions which shall:  
 
(a) define the procedure, place, and period for proposal submission 
(between 30-90 days depending on complexity); 
(b) indicate the proposal validity period (normally 60-120 calendar days). 
It is important to define a realistic validity period to avoid at 
negotiations the con sultant substitutes key staff proposed and 
evaluated; 
(c) provide the details needed for responsive proposals, including the 
evaluation criteria and respective weights of technical and financial 
proposals; 
(d) state the minimum technical quality passing score; 
(e) provide information on the eligibility and association of consulting 
firms;


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(e) provide information on the eligibility and association of consulting 
firms; 
(f) indicate the language of communication;  
(g) schedule visits the project site if required; 
(h) give the date and time of a pre -proposal meeting (in the case of a 
complex assignment requiring clarifications on site), and 
(i) explain the procedures for the proposal opening and evaluation, 
contract negotiations, and contract award, and state clearly that the 
technical proposal should not contain any information on the financial 
proposal. 
 
Section 48, 
PPA, 2007


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68.  Draft Contract to be included in SBD 
Procuring Entities shall and adopt the Standard Contracts for consulting services 
provided by the BPP and attached to SBDs.  
Section 48 (1) 
(xvi), PPA, 
2007 
69.  Contents of the Standard Contract.   
(1) The Standard Contracts shall include the following Clauses: 
 
(a) General Conditions of Contract  between the Procurement Entity and 
the Consultant, which comprise the standard contract provisions; 
(b) Special Conditions of Contract, indicating the requirements specific to 
the implementation of the assignment. Modifications to the General 
Conditions of the Contract shall only be introduced through the Special 
Conditions of the Contract. Different forms of contract are explained in


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Conditions of the Contract. Different forms of contract are explained in 
Annex 2. In the rare circumstances that the Standard Contract is not 
applicable, Procuring Entities may use other forms of contract subject 
to prior approval by the BPP; 
(c) Contract duration: if a contract is expected to exceed 18 months, a price 
adjustment form ula shall be included in the Special Conditions of 
contact to adjust the remuneration for foreign and/or local inflation. If a 
price adjustment is indicated in the Specific Instructions of the ITC, it 
shall not be part of the financial evaluation. 
(d) Clear payment provisions, which shall be agreed upon during contract 
negotiations. Payments may be on a lump sum basis (lump -sum


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negotiations. Payments may be on a lump sum basis (lump -sum 
contracts based on outputs) or monthly (“ time-based” contracts based 
on actual time spent but limited to a ceiling, which is the contract price);  
 
i. Design and Detailed Engineering shall normally be 
remunerated on a   lump sum basis. 
ii. Supervision services are time-based contracts.  
(e) Mobilization fees: Such advances shall not exceed 30% of the contract 
value for national consultants and 10% f or foreign consultants. In all 
cases, advances shall be covered by a bank guarantee acceptable to the 
Procuring Entity. The mechanism for the recovery of the advance shall 
be spelled out in the contract. 
(f) Elaborate provisions on dispute resolution through t he use of an 
adjudicator and arbitration.


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(f) Elaborate provisions on dispute resolution through t he use of an 
adjudicator and arbitration. 
 
70.  Cost estimate of the assignment. 
Except in the case of the Fixed Budget selection method, the SBD does not 
provide the estimated budget cost, only the estimated input of professional staff 
time. However, the Procuring Entity shall always prepare its detailed cost estimate 
for the assignme nt, considering the estimated staff time and prevailing market 
rates for consultants, and the likely reimbursable costs such as travel, per diem, 
office rent, communication costs, computer costs, report production, printing and 
dissemination, and insurance. It will need this cost estimate to make budgetary 
provisions and to determine when a proposal prize is abnormally low or


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provisions and to determine when a proposal prize is abnormally low or 
abnormally high. Consultants shall be free to submit their estimates.


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71.  Procedure for the Rejection of Proposals. 
(1) Procuring entities may reject al l proposals submitted by consultants on the 
grounds of being non-responsive if: 
 
(a) None of the proposals meet the objectives of the TOR. In this case, the 
Procuring Entity shall improve the clarity of the TOR and issue new 
requests for proposals to the same firms or a newly drawn-up shortlist.  
(b) All proposals are below the minimum qualify ing mark for technical 
quality. In this case, the EoI shall be re-advertised and a new shortlist of 
consultants other than had earlier responded shall be compiled. 
(c) All financial proposals substantially exceed the budget estimate. In such 
cases, the Procuring Entities increase the budget if it is determined that


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cases, the Procuring Entities increase the budget if it is determined that 
the costs estimates were too low, scale down the scope of the services 
requested, or cancel the assignment altogether if it is not uneconomical 
to continue.  
(2) In all cases where all proposals are subject to rejection, the Procuring Entity 
shall first obtain approval of the BPP and thereafter inform the competing 
consultants accordingly. 
 
 
72.  Only one Proposal was Received. 
If only one firm has responded or remains the only responsive firm among the 
proposals received whether or not there has been pre-qualification, it may still be 
considered that a competitive procedure has taken place. The Procuring Entity 
may evaluate the sole consultant’s proposals, and, if satisfactory, invite it for


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may evaluate the sole consultant’s proposals, and, if satisfactory, invite it for 
contract neg otiations, or continue with the one remaining candidate to 
negotiations and contract award. 
 
 
73.  Abnormally Low / Abnormally High Proposals 
(1) In the event of identiﬁcation of a potentially Abnormally Low Proposal by 
the evaluation committee, the Procuring Entity shall apply the procedure set 
out in the Standard Tendering Document. 
(2) In the event of identiﬁcation of a potentially Abnormally High Proposal by 
the evaluation committee, the Procuring Entity shall apply the procedure set 
out in the Standard Tendering Document 
 
74.  Unbalanced and/or Front-Loaded Tender Proposal 
If in the Procuring Entity's opinion, the Tender/proposal that is


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74.  Unbalanced and/or Front-Loaded Tender Proposal 
If in the Procuring Entity's opinion, the Tender/proposal that is 
evaluated as the lowest evaluated price is seriously unbalanced 
and/or front-loaded, the Procuring Entity may require the Tenderer 
to provide written clariﬁcations. Clariﬁcations may include detailed 
price analyses to demonstrate the consistency of the tender prices 
with the scope of works, proposed methodology, schedule, and any 
other requirements of the Tender document. 
After the evaluation of the information and detailed price analyses 
presented by the Tenderer, the Procuring Entity may as appropriate: 
a) Accept the Tender/proposal; or 
b) Require that the total amount of the Performance Security 
be increased at the expense of the Tenderer to a level not


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be increased at the expense of the Tenderer to a level not 
exceeding thirty (30) percent of the Contract Price; or


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c) agree on a payment mode that eliminates the inherent risk 
of the Procuring Entity paying too much for undelivered 
works; or 
d) reject the Tender/proposal. 
75.  Insufficient Competition. 
If no responses are received within the proposal submission period stipulated in 
the SBD, the Procuring Entity shall review the possible causes, and reformulate 
the SBD, including the estimated staff time, or draw up a new shortlist, or both, 
and recommence the procedure. If the procedure is subject to prior review, the 
Procuring Entity shall do so after certification by the BPP. If, after a second call, 
there is still no response, the Procuring Entity may seek BPP approval to 
undertake direct contracting of a qualified firm, based on the original or revised


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undertake direct contracting of a qualified firm, based on the original or revised 
SBD whichever is found to be necessary and submission of satisfactory technical 
and financial proposals. 
 
 
 PART VI 
PROCEDURES FOR PROPOSAL PREPARATION, SUBMISSION, OPENING, 
EVALUATION, NEGOTIATION, AWARD, AND CONTRACT SIGNATURE WITH 
FIRMS 
 
76.  Preparation and Submission of the Proposals  
Procuring Entities shall allow sufficient time for consultants to submit their 
proposals in response to the SBD. Depending on the complexity of the 
assignment, the period for submission shall not be less than 30 and no more than 
90 calendar days. Any proposal received after the closing time for the submission 
of proposals shall be returned unopened. 
 
S. 48 (1)-(3)


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of proposals shall be returned unopened. 
 
S. 48 (1)-(3) 
77.  Requests for clarifications by short-listed candidates before submission 
(1) Up to 14 days before the proposal submission date, shortlisted candidates may 
request clarifications in writing (facsimile or electronic mail) on any of the 
SBD documents. The Procuring Entity shall respond to such requests, without 
identifying the source,  within 7 working days by a similar method, and 
simultaneously copy the clarification to the shortlisted consultants.  
(2) Procuring Entities shall refrain from communicating with prospective 
candidates after the publication of the SBD other than as provided f or in the 
Regulations under this paragraph or the event of pre-proposal meetings. 
 
Section 47 (1)


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Regulations under this paragraph or the event of pre-proposal meetings. 
 
Section 47 (1) 
78.  Pre-proposal Meeting. Section 47(4). 
For consulting contracts, a pre -proposal meeting may be arranged whereby 
potential candidate consultants meet with the representatives of the Procuring 
Entity to seek clarifications. Minutes of the meeting shall be provided to all 
prospective candidates (including those who did not attend) and be duly recorded 
in the records of the Procuring Entity. Any additional informat ion, clarification, 
correction of errors, or modifications of the SBD shall be sent to each shortlisted 
candidate in sufficient time before the proposal submission deadline to enable 
candidates to take appropriate action. If necessary, the Procuring Entity  shall


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candidates to take appropriate action. If necessary, the Procuring Entity  shall 
extend the submission deadline. 
 
s. 47(4), PPA, 
2007


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79.  Modification of the SBD by the Procuring entity 
(1) If needed or for purposes of the Procuring entity, the Procuring Entity may 
modify the SBD by issuing an addendum up to 14 days before the submission 
deadline. The Procuring Entity may extend the deadline for proposal 
submission, and if the procedure is subject to prior review by the BPP, do so 
with the prior concurrence of the BPP. 
 
Proposal modification or withdrawal by the short-listed candidate 
(2) A candidate may modify or withdraw the proposal before the submission 
deadline per the provisions in the SBD. 
S. 47(2); 
49(4), PPA, 
2007 
 
 
 
 
S. 49(4) PPA, 
2007 
 
80.  Currency 
Consultant may subject to the provisions of the SBD and where there are foreign


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S. 49(4) PPA, 
2007 
 
80.  Currency 
Consultant may subject to the provisions of the SBD and where there are foreign 
inputs, express the price for the  foreign component of the inputs  in any fully 
convertible currency, singly or in a combination of up to three convertible foreign 
currencies, provided that it is all converted to naira in accordance with exchange 
rate stipulations in the bidding documents. 
Section 46 
PPA, 2007 
 
81.  Validity of Proposals. Section 48(1). 
Consultants shall be required to submit proposals valid for a period specified in 
the SBD, sufficient to enable the Procuring Entity to complete the comparison and 
evaluation of proposals and obtain the necessary approvals from BPP if required


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evaluation of proposals and obtain the necessary approvals from BPP if required 
so that the award of contract can be affected within that period. The validity period 
should normally be from a minimum of 60 to 120 days from proposal submission 
through evaluation, contract award, and signature, depending on the complexity 
of the proposal. 
Section 48(1) 
PPA, 2007 
 
82.  Extension of Validity of Tenders/proposals 
(1) If an extension of proposal validity becomes necessary due to unforeseen 
difficulties in the proposal evaluation and award process, the Procuring Entity 
shall request the candidates in writing for their agreement before the 
expiration of the validity perio d stated in the Standard Bidding Document.


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expiration of the validity perio d stated in the Standard Bidding Document. 
The extension shall be for the minimum period required to complete the 
evaluation, obtain the necessary approvals and award the contract. If 
additional extensions are needed, prior no -objection of the BPP shall be  
requested stating the reasons for the requested extension.  
 
(2) Whenever an extension of the proposal validity period is requested, 
candidates shall not be asked or permitted to change the quoted (base) price 
or other conditions of their proposal.  
 
Section 29 
PPA, 2007 
 
83.  Procedures for Submission 
(1) The procedures for the submission of proposals are described in the SBD. 
Proposals shall be: 
 
(a) properly identified by the candidates in order not to be mistaken with


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Proposals shall be: 
 
(a) properly identified by the candidates in order not to be mistaken with 
proposals for other assignments;  
(b) signed by a legal person who is authorized to bind the firm, and: 
(c) technical and financial bids shall be delivered simultaneously at the 
location indicated in the SBD, in two separate sealed envelopes, 
enclosed inside a third sealed envelope, and no later than at the 
stipulated time.  
(d) No amendment to either proposal shall be admitted thereafter. 
Section 48 (1) 
& (2) PPA, 
2007


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(2) The Procuring Entity shall register the proposals received, issue a receipt for 
them, and verify that each proposal contains the technical and financial 
proposals in sealed envelopes. It will place them in a tamper -proof location. 
Proposals received after the deadline shall be returned unopened to the 
consultant. Proposal opening shall start immediately following proposal 
submission or if held at a different location, only with the difference of time 
needed to transport the proposals to the opening location.  
 
(3) Proposal submission may be by electronic means. In all such cases the 
Tenderer shall comply with stipulations of the bidding documents on bid 
preparation, e-submission, e-opening and other electronic processes.  
 
84.  Appointment or Evaluation Committee(s)


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preparation, e-submission, e-opening and other electronic processes.  
 
84.  Appointment or Evaluation Committee(s) 
(1) No later than two weeks before the proposal submission date, the Procuring 
Entity shall constitute an evaluation committee of at least 3 experts in the 
subject of the assignment, headed by a chairperson, to carry out the technical 
and financial proposal evaluation. The Procuring Entity shall ensure that the 
members of the evaluation committee possess the necessary technical and 
financial competence to evaluate the proposals and include the person who 
drafted the TOR and the selection criteria for the SBD2.  
(2) The technical and evaluation committees may consist of the same members 
or be supplemented by professionals specialized in each field of evaluation.


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or be supplemented by professionals specialized in each field of evaluation. 
At least a week before the evaluation starts, the team members shal l meet to 
familiarize themselves with the background documentation and the 
evaluation procedures. If the Procuring Entity does not possess qualified 
evaluation staff, it should consider appointing independent experts from other 
Procuring Entities or hiring individual consultants. For evaluation, the 
Procuring Entity shall use BPP’s Standard Consultants Proposal Evaluation 
Report. 
 
Section 21(f) 
85.  Confidentiality of the Evaluation and Selection Procedure 
The Procuring Entity shall ensure that throughout the evaluation procedure, 
information on evaluation results and recommendations shall not be disclosed to


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information on evaluation results and recommendations shall not be disclosed to 
anyone but those officially concerned until the successful consultant is notified of 
the contract award. 
Section 52(4) 
86.  Proposal Opening 
 Immediately following the deadline for the submission of proposals, the 
Procuring Entity shall first open the technical proposals. The Procuring Entity 
shall prepare minutes of the technical proposal opening for its record and sends a 
copy to the BPP. The  Procuring Entity shall ensure that the financial proposals 
remain sealed and deposited in a safe box with the Procuring Entity’s designated 
authority and that no one has access to the financial proposals until their public 
opening. The proposal opening procedure is the same for QCBS, LCS, FBS, and


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opening. The proposal opening procedure is the same for QCBS, LCS, FBS, and 
QBS only as far as the technical proposals are concerned. 
 
Section 48 (4) 
& (5), PPA, 
2007


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87.  (1) The Procuring Entity’s evaluation committee shall conduct the opening of the 
Technical Tenders in the presence of the s hortlisted Consultants’ authorized 
representatives who choose to attend (in person, or online if this option is 
offered in the Data Sheet). The opening date, time, and address are stated in 
the Data Sheet. The envelopes with the Financial Tender shall remain sealed 
and shall be securely stored with a n independent authority or public auditor 
until they are opened per the SBD. 
(2) At the opening of the Technical Tenders, the following shall be read out: (i) 
the name and the country of the Consultant or, in the case of a Joint Venture, 
the name of the Joint Venture, the name of the lead member and the names


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the name of the Joint Venture, the name of the lead member and the names 
and the countries of all members; (ii) the presence or absence of a duly sealed 
envelope with the Financial Tender; (iii) any modifications to the Tender 
submitted before Tender submission deadline; and (iv) any other information 
deemed appropriate or as indicated in the Data Sheet. 
(3) The Procuring Entity’s evaluation committee shall evaluate the Technical 
Tenders based on their responsiveness to the Terms of Reference and the 
SBD, applying the evaluation criteria, sub-criteria, and point system specified 
in the Data Sheet. Each responsive Tender will be given a technical score. A 
Tender shall be rejected at this stage if it does not respond to important aspects


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Tender shall be rejected at this stage if it does not respond to important aspects 
of the SBD or if it fails to achieve the minimum technical score indicated in 
the Data Sheet. 
 
 A.  EVALUATION PROCEDURE FOR THE QUALITY 
AND COST-BASED SELECTION (QCBS) 
 
88.  Preliminary Examination 
The technical evaluation committee shall first carry out a preliminary evaluation 
to determine if the technical proposals are substantially responsive i.e. by assuring 
that  the techni cal proposal has been properly signed, responds to the terms of 
reference, responds to all components of the TOR, the Curriculum Vitae of key 
staff included with the original copy have been signed by the individuals and they 
are initialed by the consulting  firm, and lastly that the technical proposal is


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are initialed by the consulting  firm, and lastly that the technical proposal is 
generally in good order.  
 
89.  Rejection on grounds of major deviation. 
(1) If upon opening a technical proposal a major deviation is found, the technical 
proposal concerned will not be further evaluated and shall be marked 
‘rejected’ and a statement to that effect made in the technical evaluation 
report. A major deviation would h ave occurred if any one or more of the 
following situations arise, i.e.  
 
(a) if the original copy of the proposal has not been signed;  
(b) the CVs in the original copy has not been signed by the firm and the 
individual;  
(c) the proposal does not respond to the Terms of Reference.  
 
90.  Procuring Entity may request clarifications after the submission of


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90.  Procuring Entity may request clarifications after the submission of 
proposals. 
If a Procuring Entity deems it necessary to seek clarifications from a candidate 
after the technical proposal opening, candidates shall not be asked to alter their 
proposals, or to change the substance of their technical proposals. A Procuring 
Entity may need to ask for clarifications, for example if some pages of supporting 
information (CVs) are not initialed, if required in the SBD, or if the candidate has


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not sent the required number of copies or omitted a form. Requests for 
clarification and the candidates’ responses shall be made in writing and any 
discrepancies noted shall be recorded in the technical evaluation report. 
91.  Detailed technical evaluation. 
The evaluation committee’s team leader prepares a table in the form of a matrix 
with rows representing the technical selection criteria to measure the strengths 
and weaknesses of each technical proposal using t he points attributed to each 
criterion in the SBD. The committee members then review the firm’s relevant 
experience for the assignment, the firm’s proficiency supported by written 
references of successful completion of similar assignments, the proposed


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references of successful completion of similar assignments, the proposed 
methodology and work plan, the qualifications and proficiency of key staff and 
their curricula vitae, which it may wish to verify for accuracy and completeness. 
Each committee member shall award scores to each technical criterion stated in 
the matrix per the points given in the SBD, rank the candidate’s technical 
proposal, and initial the individual evaluation sheet. Then the committee as a 
whole shall review the individual scores and  agree on the ranking of each 
candidate per the scores obtained. Major differ ences in the individual scores 
should be discussed and ironed out. The committee team leader then calculates 
the average of the individual scores for each criterion and prepares the combined


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the average of the individual scores for each criterion and prepares the combined 
technical evaluation and ranking sheet. After verification by the  committee 
members, each member initials the combined evaluation sheet.  
 
92.  Technical Evaluation Report. 
The committee shall prepare a Technical Evaluation Report describing the 
evaluation procedure and attach the minutes of the opening of the technical 
proposals, as well as the individual and combined evaluation sheets. The Report 
is submitted to the designated authority of the Procuring Entity for approval. If 
the assignment is subject to a monetary threshold, the Report shall be submitted 
to the BPP wi th a recommendation for “ No Objection”. After approval of the


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to the BPP wi th a recommendation for “ No Objection”. After approval of the 
Technical Evaluation Report by the relevant Approving Authority, the technical 
ratings cannot be changed. 
The evaluation report for every project shall be in accordance with templates 
issued from time to time by the BPP. 
 
93.  Proposals not meeting the qualifying technical mark. Section 53 (1) (iii). 
Only the proposals of the candidates that pass the minimum technical qualifying 
mark will move on to the financial evaluation. All proposals falling be low the 
qualifying mark or not responsive shall be eliminated and not given further 
consideration.  
 
Section 
53(1)(iii) 
94.  Financial proposals of unsuccessful technical proposals.


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consideration.  
 
Section 
53(1)(iii) 
94.  Financial proposals of unsuccessful technical proposals. 
Not later than 14 days after the approval/No Objection of the technical evaluation 
report, the Procuring Entity shall advise the unsuccessful candidates in writing of 
the decision and simultaneously return their financial proposals unopened.  
(1) After the tec hnical evaluation is completed and the Bureau of Public 
Procurement has issued its no objection (if applicable), the Procuring Entity 
shall notify those Consultants whose Tenders were considered non -
responsive to the SBD and TOR or did not meet the minimum  qualifying 
technical score, advising them of the following: 
(a) their Tender was not responsive to the SBD and TOR or did not meet


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(a) their Tender was not responsive to the SBD and TOR or did not meet 
the minimum qualifying technical score;


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(b) provide information relating to the Consultant’s overall technical score, 
as well as scores obtained for each criterion and sub-criterion; 
(c) their Financial Tenders will be returned unopened after completing the 
selection process and Contract signing; and 
(d) the date, time, and location of the public opening of the Financial 
Tenders and invite them to attend. 
 
95.  Financial proposals of successful technical proposals. 
 
(1) The Procuring Entity shall simultaneously notify in writing those Consultants 
whose Tenders were considered responsive to the SBD and TOR, and that 
have achieved the minimum qualifying technical score, advising them of the 
following: 
(a) their Tender was responsive to the SBD and TOR and met the minimum 
qualifying technical score;


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following: 
(a) their Tender was responsive to the SBD and TOR and met the minimum 
qualifying technical score; 
(b) provide information relating to the Consultant’s overall technical score, 
as well as scores obtained for each criterion and sub-criterion; 
(c) their Financial Tender will be opened at the  public opening of Financial 
Tenders; and 
(d) the date, time, and location of the public opening and invite them to the 
opening of the Financial Tenders. 
 
 
96.  Invitation for the public opening of the financial proposals. 
(1) The opening of the financial proposals shall be held not later than 14 days 
after the technical evaluation is approved by the Tenders Board or the receipt 
of the BPP’s No Objection. The Procuring Entity shall advise the successful


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of the BPP’s No Objection. The Procuring Entity shall advise the successful 
consultants of the date a nd venue of the public opening of the financial 
proposals and invite them to attend or send representatives. 
 
(2) The opening date should allow the Consultants sufficient time to make 
arrangements for attending the opening and shall be no less than seven (7) 
Business Days from the date of notification of the results of the technical 
evaluation. 
 
(3) The Financial Tenders shall be opened publicly by the Procuring Entity’s 
evaluation committee in the presence of the representatives of the Consultants 
and anyone else who chooses to attend. Any interested party who wishes to 
attend this public opening should contact the client as indicated in the  Data


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attend this public opening should contact the client as indicated in the  Data 
Sheet. Alternatively, a notice of the public opening of Financial Tenders may be 
published on the Procuring Entity’s website, if available.  
 
 
97.  Opening of the Financial Proposals. 
(1) The Procuring Entity shall appoint the same or a different evaluation 
committee with qualified professionals to evaluate the financial proposals. 
 
(2) The Procuring Entity shall proceed to the public opening of the financial 
proposals by:  
(a) allowing participating consultants to verify that the sealed financial 
envelopes have not been tampered with;


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(b) At the opening, the names of the Consultants, and the overall technical 
scores, including the breakdown by criterion, shall be read aloud. The 
Financial Tenders will then be inspected to confirm that they have 
remained sealed and unopened. These Financial Tenders shall then be 
opened, and the total prices read aloud and recorded. Copies of the record 
shall be sent to all Consultants who submitted Tenders and to the Bureau 
of Public Procurement. 
 
(c) Ensuring that attendees representing the candidates sign the register of the 
public opening 
 
98.  Minutes 
The proceedings of the financial opening are recorded in minutes, which shall be 
sent to the candidates and published on the Procuring Entity’s website and the


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sent to the candidates and published on the Procuring Entity’s website and the 
Procurement Journal. A copy is sent to the BPP for information, and later on, 
attached to the Financial Evaluation Report. 
 
S. 51(5), PPA, 
2007 
99.  Preliminary examination of the financial. 
The financial evaluation committee shall first verify if the proposals contain the 
required financial forms and if the financial proposal forms are signed.  If the 
submission form is not present or has not been signed, the proposal shall be 
rejected.  
 
100.  Detailed Evaluation of financial proposals. 
 The evaluation committee then proceeds to verify: 
(a) If the proposals contain any arithmetical errors, correct them, and convey 
them to the candidates concerned for review and agreement. If a candidate


