The Infrastructure Concession Regulatory Commission (ICRC) was established by an Act of the National Assembly in 2005 to regulate Public-Private Partnership endeavours of the Federal Government aimed at addressing Nigeria’s physical infrastructure deficit which hampers economic development.
The ICRC Act provides for the participation of the private sector in financing, construction, development, operation and maintenance of Federal Government infrastructure or development projects through concessions or contractual arrangements.
To achieve this initiative, the Federal Government of Nigeria (FGN) appropriated funds in the 2020 budget for the procurement of Monitoring and Compliance Validations and intends to apply part of the proceeds of this budget to payments for the provision of this service.
Consequently, the Commission wishes to invite reputable national contractors with relevant proven competence and experience to submit Expressions of Interest for Contract Compliance Validation Service.
The scope of the assignment will entail the consultant undertaking independent review of the presented contracts, particularly based on the following:
I. An assessment of each agreement’s compliance with existing and standard contractual terms and provisions of concession agreements as provided for under the ICRC establishment Act and prescribed ICRC Contract Guidelines.
II. A review of the collective terms and provisions of the agreements to ensure they are in accordance with the general law and policy requirements for concession agreements
III. The provision of legal and professional opinion on the extent of conformity or otherwise of standard and boilerplate clauses in line with legal and statutory requirements for concession agreements as well as international best practices.
IV. Recommendations, and where necessary, the removal, amendment or adjustment of specific clauses in the agreements to reflect current requirements of the ICRC Act and model concession agreements.
V. Deliverables: Within one month, following the inception of the contract for advisory services, the Consultant shall provide the ICRC with 4 copies of a final consolidated report on the agreements with his expert and independent reviews, analysis and recommendations.
3. ELIGIBILITY CRITERIA
Prospective bidders must possess the under-listed requirements to be eligible to participate in this procurement:
i. Verifiable Certificate of Company Registration/Incorporation from Corporate Affairs Commission (CAC).
ii. Verifiable Company Tax Clearance Certificate (for 2017, 2018 and 2019) expiring December 2020 issued by the appropriate authority and with Tax Identification Number.
iii. Verifiable Certificate of Compliance with the provisions of the Pensions and Social Security contributions expiring December 2020 in accordance with the provisions of the Amended Pensions Reform Act 2014.
iv. Verifiable evidence of compliance with the provisions of the Industrial Training Fund (ITF) Act, 2005 expiring December 2020.
v. Verifiable and current evidence of registration on the National Database of Contractors, Consultants and Service Providers by inclusion of a current Interim Registration Report (IRR) issued by the Bureau of Public Procurement (BPP).
vi. Accompanying Sworn Affidavit of disclosure of interest, clearly stating if any of the officers or board members of the Infrastructure Concession Regulatory Commission (ICRC) or the Bureau of the Public Procurement is a former or present Director, Shareholder of the Company or has any pecuniary interest in the bidder and that the Company does not have any Director who has been convicted in any Court in Nigeria or any other country for any criminal offence relating to fraud or financial impropriety.
vii. A sworn affidavit that the Company is not in receivership or financially/legally encumbered.
viii. A sworn affidavit that all documents to be submitted for the EoI are true and correct in all particulars.
ix. A complete Company Profile
x. List of key technical personnel indicating their roles, designation, qualification (endorsed copies) and years of experience with the guarantee that a minimum of one (1) relevant registered professional shall be deployed on the project. Copies of professional and educational certificates should be provided.
4. SUBMISSION OF EoI
i. All submissions are to be covered with a forwarding letter on the company’s letterhead, duly signed by the Chief Executive Officer of the firm.
ii. Interested applicants shall submit 3 (three) spirally bound hard copies i.e. two duplicate copies in A4 size papers, together with one soft copy in a CD or Flash Drive, all of which should be enclosed in a sealed large envelope.
iii. The envelope shall be marked at the top left corner with: “Expression of Interest for Contract Compliance Consultancy”. The outer envelope should be addressed to:
The Director General, Infrastructure Concession Regulatory Commission, Plot 1270, Ayangba Street, Area 11, Garki – Abuja.
iv. The reverse side of all envelopes must indicate the applicant’s company name and address and authorized contact person’s name and phone number (all written in Capital Letters).
iii. Submission deadline for Expression of Interest documents for Categories A, B or C is 10am Monday 14th December 2020. Documents received after the above deadline shall rejected and returned unopened to the bidders who submitted them.
iv. Application documents should be arranged and numbered or paged in the order they are listed in paragraph 3.0 and the authorized representative of the Firm should sign every of the submission.
5. IMPORTANT NOTICE
i. Failure to provide any of the documents listed in 3 above shall lead to disqualification.
ii. Only shortlisted candidates will be invited to participate in the next stage of the procurement process.
iii. Documents should be arranged and numbered or paged in the order they are listed in paragraph 3, and the authorized representative of the company should sign every page of the submission.
iv. Submission of fake documents may lead to prosecution as all documents submitted shall be referred to the issuing authorities or Security Agencies for verification.
i. This advertisement is published for information purposes only and does not constitute a commitment or obligation by ICRC to transact with any party, nor entitle any Applicant to make any claims whatsoever/or seek any indemnity from the ICRC.
ii. ICRC shall not be responsible for any costs or expenses incurred by any interested party in connection with the preparation of documents or submissions made in response to this invitation or in response to any inquiry or clarification arising from this exercise.
iii. ICRC pledges fair and equal treatment of all applicants but is not bound to shortlist any applicant and reserves the right to annul this Call process at any time without incurring liabilities to itself or under obligation to explain to any applicant or reasons for the cancellation.
iv. Submitting false documents and or information is an offence that can lead to disqualification and prosecution.
v. Applicable punitive measures against fraud, collusion and insertion of fake documents and alteration of figures and other unethical behaviours by public officers, legal persons and Directors are clearly presented in Part VII Section 58 of the Public Procurement Act 2007.
All enquiries are to be directed to: firstname.lastname@example.org
Engr. Chidi Izuwah Snr.
Infrastructure Concession Regulatory Commission, Abuja