SEQUENCE OF PROJECT PLANNING, IMPLEMENTATION & AWARD

1. SEQUENCE OF PROJECT PLANNING, IMPLEMENTATION & AWARD OF WORKS CONTRACT UNDER THE NIGERIA PUBLIC PROCUREMENT ACT, PPA, 2007BY OLUSEGUN BAMIDELE SOLOMON Procurement Specialistolusegunsolomon1@gmail.com, +2348060734705

2. Introduction This paper discussesthe detailed process of procuring works contracts using Open Competitive Bidding . The paper begins by explaining what is public procurement, what constitutes works contract, and concludes by explaining in a concise manner , the process of acquiring civil works in line with the provisions of the Public Procurement Act, PPA, 2007

3. What is Public Procurement? • Public procurement is the use of public funds by public entities for the delivery of public goods, works and services usually through a contractor. • It is a process of acquisition of external resources needed by the central government or agencies under them. • The process of acquiring goods, works and services in Nigeria is guided by the Public Procurement Act, PPA, 2007

4. What constitutes works project under the PPA, 2007? • ………All works associated with construction, reconstruction, demolition, repair or renovation of a building, excavation as well as services incidental to such construction E.g. Building of classrooms, bridges, roads e.t.c

5. Process of acquiring works project under the PPA, 2007 • Public procurement involves the process of soliciting for tenders, submission and collection of bids, evaluation of bids received, award of contract and contract implementation. • The following section explains the step by step process of acquiring works project using National Competitive Procurement Methods.

6. Step by Step process of procuring works contract • Fund availability • Procuring entity must first identify source of funding for the project and ensure that no procurement proceedings shall be formalized until funds are available to meet the obligations. (Section 16 (1b) of Public Procurement Act, 2007). • Sources of funds for public contracts includes: Budget appropriation, grants, loans, Internal Generated Revenue, donation…..

7. Preparation of Final Design All necessary drawings and designs: Architectural, Electrical, Mechanical and Structural drawings and Bill of Quantities / Bill of Engineering Measurement and Evaluation must be prepared by professionals must be ready before soliciting for bids. (Circular of Secretary to the Government of the Federation (SGF) Ref. No. SGF/OP/I/S.3/VII/964 dated 7th April, 2008 on Requirement for completion of final design before contract award for construction projects) to avoid request for revision of contract sum.

8. Preparation Of Standard Bidding Documents Appropriate Standard bidding documents issued by the Bureau of Public Procurement (BPP) must be prepared and made ready before soliciting for bids. (Clause 118 of the Public Procurement Regulations for Goods and Works; Circular of Secretary to the Government of the Federation (SGF) Ref. No. SG 50/I/S.52/II/469 dated 13th January, 2014).

9. Invitation To Bid • Section 16(1c) of the PPA, 2007 provides that all public procurement shall be conducted by open competitive bidding. • Every invitation to an open competitive bid shall in the case of works valued under National Competitive Bidding shall be advertised on the notice board of the procuring entity, any official web sites of the procuring entity, at least two national newspapers and in the procurement journal not less than six (6) weeks before the deadline for submission of the bids for the goods and works. (Section 25(2ii) of the PPA, 2007).

10. Bid Collection • The date, time and place for receiving offers, including the manner in which they should be marked and sealed must be properly stated in the solicitation documents. • Prospective bidders collect bids (Technical and financial) at designated location by tendering evidence of payment.

11. Bid Submission • Bids (Technical and Financial) are submitted in line with (Section 27 of the PPA, 2007). • Any bids received after the deadline for submission of bids shall not be opened and must be returned to the supplier or contractor which submitted it (Section 27 (5) of the PPA, 2007).

12. Opening of Technical Bids • Opening of bids shall take place immediately following the deadline stipulated for the submission of bids or any extension thereof in the presence of the bidders or their representatives and any interested members of the public in line with Section 30 of the PPA, 2007).

13. Evaluation of Technical Bids Received • Bids are examined in line with section 31 of the PPA, 2007. • Before beginning the evaluation of bids received, an evaluation committee should be formed and approved. Membership of the evaluation committee shall be made up of relevant qualified and experienced professional staff of the procuring entity. However, the user department, subject matter expert and procurement staff shall be members of the subcommittee. (Paragraph 13.2 of the Procurement Procedure Manual).

14. Shortlist & Debriefing Of Bidders • Shortlist of bidders that meet the eligibility requirements stated in the advertisement is made. • Bid losers are debriefed (Section 23 (7) of the PPA, 2007).

15. Approval Of Technical Evaluation Report • Tender Evaluation Sub-Committee submits Technical Evaluation Report to Tenders’ Board for consideration and approval • Tenders’ Board considers and approves report.

16. Financial Bid Opening • Opening of financial bids in line with Section 30 of the PPA, 2007). • Section 30 of the PPA, 2007 details how opening of financial bids should be carried out.

17. Financial Bid Evaluation • Evaluation of financial bids in line with Section 32 of the PPA, 2007). • Bidder whose offer is technically compliant and with the lowest evaluated bid price is recommended for contract award.

18. Approval of Financial Evaluation Report • Upon completion of the evaluation process, the Tender Evaluation Sub Committee prepares and submits tender evaluation report to Tenders’ Board. • Tenders’ Board considers report and if satisfied approve contract for award as recommended.

19. Notification Of Award • Winner is notified of the award of contract through issuance of award letter. *N.B Until the winner is declared, information relating to the procurement process should not be disclosed to an authorised person.

20. Contract Implementation • All contract documentations are perfected • Site hand over to contractor • Contractor mobilizes to site and commence work. • The Technical team of the procuring entity supervises the project.

21. Bibliography • Public Procurement Act, 2007 • Procurement Procedure Manual • FGN Extant Circular of Secretary to the Government of the Federation (SGF) Ref. No. SGF/OP/I/S.3/VII/964 dated 7th April, 2008 on Requirement for completion of final design before contract award for construction projects • Clause 118 of the Public Procurement Regulations for Goods and Works; • Circular of Secretary to the Government of the Federation (SGF) Ref. No. SG 50/I/S.52/II/469 dated 13th January, 2014

22. Thank you