FEDERAL GOVERNMENT OF NIGERIA

STANDARD REQUEST FOR PROPOSALS

for the

Selection of Consulting
Firms
(Complex Lump-Sum)
OCTOBER 2024
 Notice to Users

1. This Standard Document for the Request of Proposals (RfP) has been prepared
by the Bureau of Public Procurement for the Procurement of Consulting Services using
short lists of consultants and to enable a Procuring Entity to select the best evaluated
proposal.
2. This RfP dated December is in accordance with the Procurement Act, and the
policies and procedures of the Regulations for the Selection of Consulting Services,
among others paragraphs 10-13 regarding the eligibility of consulting firms, and has
been adapted to the needs of Nigeria from internationally acceptable model formats.
The RfP when properly completed will provide all the information that a Consulting
Firm needs in order to prepare and submit a Proposal. This should provide a sound
basis on which the Procuring Entity can fairly, transparently and accurately carry out a
proposal evaluation process of the Proposals submitted by the Consulting Firms.
3. The RfP is issued after a pre-selection process has taken place through
advertising in the media (Request for Expressions of Interest – EoI). The EoI process is
used to prepare a short list upon careful analysis of the EoI submissions and approval of
the short list in accordance with the approval procedures described in the Regulations
for the Use of Consultant Services. The short-listed Consultants are then invited to
submit a proposal.
4. This document shall be used when a Procuring Entity (the Client) wishes to select
a Consulting Firm (the Consultant) for complex assignments for which remuneration is
being determined on the basis of a lump-sum to be paid to the Consultant for carrying out
the services.
5. Complex assignments require a response of the Consultants to the Terms of
Reference, and detailed proposals regarding the methodology and the work plan for the
assignment. They normally concern assignments costing [13 million Naira] or more, and
their contracts are more comprehensive than for smaller consulting assignments
6. Lump sum-based contracts are used when (i) the Scope of the Services is clear and
unambiguous, can be established with sufficient precision, (ii) when the commercial risk
taken by the Consultants is minimal, and (iii) where Consultants are prepared to
perform the assignment for an agreed predetermined lump-sum price according to a
schedule of payments linked to the delivery of certain outputs, usually reports. A major
advantage of the lump-sum contract is the simplicity of its administration; the Client needs
only to be satisfied with the output without monitoring the staff inputs as is the case in
Time-based Contracts. The type of consultancies under lump-sum contracts usually
concerns assignments such as master plans, economic, sector, feasibility, engineering
studies, statistical surveys.
7. The following guidelines apply for the Procuring Entity when using this RfP:
(a) Address the Procuring Entity’s specific needs for the consulting
assignment through the information provided in the Special Instructions
to Consultants (SIC) and the Special Conditions of Contract (SCC) and
in the Terms of Reference (TOR), which describe the requirements of
the assignment

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 (b) Tailor the document to the circumstances of the particular assignment.
The Procuring Entity should only introduce such adjustments in the
Sections of the RfP which are specifically designed for this purpose:
Section 2: the Special Instructions to Consultants (SIC) to Consultants;
Section 4: the Special Conditions of Contract (SCC); Those details not filled
by the Procuring Entity are the responsibility of the Consultants;
(c) but never change the Instructions to Consultants and the General
Conditions of Contract;

(c) provide the specific information needed in the italicized notes inside
brackets. These notes should also specify where the Consultants should
provide information. Most footnotes and italicized notes are solely
prepared for the use of the Procuring Entity and are not part of the
final RfP to be issued. In other words, they should be removed from
the final version;

(e) retain the other notes which specify that they are guidance to the
Consultants.

(d) indicate the name of the project, the contract number, the name of the
Procuring Entity and the date of issue on the cover of the document;

7. The Standard Proposal Document for the Procurement of Consulting Services has
the following contents:
LoI Letter of Invitation for Proposal (LoI): This letter announces the
Proposal, indicates the names of the short-listed Consultants, the method
to be followed for selection of the Consultant, the documents included in
the RFP, a short description of the Objectives and Scope of the
assignment, and invites the short-listed Consultants to submit a proposal.
Section 1 Instructions to Consultants (ITC)

This Section provides relevant information to help Consultants prepare

their Proposals. Information is also provided on the submission, opening,
and evaluation of Proposals and on the award of Contract.

This Section also contains the criteria to be used by the Client to

determine the lowest evaluated Proposal and the qualifications of the
Consultant to perform the Contract.
The text of the clauses in this section shall not be modified

Section 2 Special Instructions to Consultants (SIC)

This Section provides the information specific to each object of the

procurement of the services and supplements the information or
requirements included in Section 1: Instructions to Consultants.

Section 3. General Conditions of Contract (GCC)

The Section provides the General Conditions of Contract that will apply to
the Contract for which this RFP is issued.

ii
 The text of the clauses in this section shall not be modified.

Section 4. Special Conditions of Contract (SCC)

The Section provides clauses specific to the particular Contract that

modify or supplement Section 3: General Conditions of Contract.

Section 5. Proposal and Contract Forms

A. Technical Proposal- Standard Forms

This section provides the standard format that permits the requested
technical information to be presented in a clear, precise and readily
available manner and allows the Client to readily understand and
evaluate the technical proposals in accordance with the established
selection criteria. The completed forms will indicate details of the
Consultant’s organization and experience, methodology, work plan, work
schedule, team composition and task assignments, and staffing schedule.

B. Financial Proposal- Standard Forms

This section provides the standard format that permits the requested
financial information to be presented in a clear, precise and readily
available manner and allows the Client to easily understand and evaluate
the financial proposals in accordance with the established selection
criteria.

C. Form of Contract
The Form of Contract, which, once completed and signed by the Client and
the Consultant, incorporates any corrections or modifications to the
accepted Proposal relating to amendments permitted by the Instructions
to Consultants, the General Conditions of Contract, and the Special
Conditions of Contract.

D. Appendices
The Appendices to the formal Contract include the Description of the
Services of the Contract (which are the final Terms of Reference as
agreed), the reporting requirements, details of key personnel and sub-
Consultants, a breakdown of the Contract Price, and services and facilities
to be provided by the Client.

Section 6. Terms of Reference

This section defines clearly the Objectives, Goals, and Scope of the
assignment, and provides background information (including a list of
existing relevant studies and basic data) to enable the Consultant to
prepare the proposal. This section lists the services and surveys
necessary to carry out the assignment and the expected outputs (for
example, reports, data, maps, surveys); it also clearly defines the Client’s
and Consultants’ respective responsibilities. The Terms of Reference

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should be complete and well thought through to enable the Consultants to
respond fully to the needs of the Client.

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 FEDERAL GOVERNMENT OF NIGERIA

MINISTRY OF FINANCE INCORPORATED

STANDARD REQUEST FOR PROPOSALS

For the

Selection of Consulting
Firms
(Complex Lump-Sum)

CONSULTANCY SERVICES FOR THE DEVELOPMENT AND IMPLEMENTATION OF

PORTFOLIO MANAGEMENT (PM) SOFTWARE TOOLS.

Name of Procuring Entity: MINISTRY OF FINANCE INCORPORATED

Invitation for Proposal No: MOFI/PROC/3/C/24/11
Issued on: OCTOBER, 2024

Proposal Package No: MOFI/PROC/3/C/24/11

 PROCUREMENT

MOFI/PROC/3/C/24/11

15h October,2024

Dear Bidder,

REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES FOR THE DEVELOPMENT

AND IMPLEMENTATION OF PORTFOLIO MANAGEMENT (PM) SOFTWARE TOOLS.
The Federal Government of Nigeria has allocated public funds for Ministry of Finance Incorporated
(MOFI) and intends to apply a portion of the funds to eligible payments under the Contract for which this
Request for Proposal (RFP) is issued.

2. The Ministry of Finance Incorporated now invites proposals from your Firm to provide the other
Consultancy Services for The Development and Implementation of Portfolio Management (PM) Software
Tools. More details on the services are as provided in the Terms of Reference. It is not permissible to
transfer this invitation to any other firm.
3. A firm will be selected under Quality and Cost Based Selection (QCBS) Method of
Procurement.
Please note that all mandatory eligibility criteria must be up to date and valid until 31 st December 2024
and further procedures for selection are described in the RFP.

4. In addition to the Letter of Invitation, the RFP includes the following documents:
• Section 1: Instructions to Consultants (ITC)
• Section 2: Special Instructions to Consultants (SIC)
• Section 3: General Conditions of Contract (GCC),
• Section 4: Special Conditions of Contract (SCC),
• Section 5: Proposal & Contract Forms
• Section 6: Terms of Reference (TOR)

5. A Pre-Proposal meeting will hold on Tuesday 22nd October ,2024 at 11am

6. Please inform MOFI in writing, preferably by electronic mail, using procurement-
[email protected] upon receipt:
(a) that you have received the Letter of Invitation and the RFP; and
(b) whether you will submit a proposal alone or in association with any other Consultant.
Note: This invitation closes on Friday 15th November ,2024 by 12.00 noon.

Mrs. Eno Etuk Bassey

Procurement Manager
For: Managing Director, MOFI
 Table of Contents
Letter of Invitation............................................................................................................................................................. 1
Section 1. Instructions to Consultants............................................................................................................2
A. General................................................................................................................................................ 2
1. Scope of Proposal..............................................................................................................................................2
2. Source of Funds................................................................................................................................................. 2
3. Corrupt, Fraudulent, Collusive or Coercive Practices.......................................................................2
4. Eligible Consultants.........................................................................................................................................4
5. Conflict of Interest............................................................................................................................................4
6. Eligible Services.................................................................................................................................................5
7. Site Visit................................................................................................................................................................ 5
B. Request for Proposal...................................................................................................................... 6
8. RFP Sections........................................................................................................................................................6
9. RFP Clarification................................................................................................................................................6
10. Pre-proposal meeting.....................................................................................................................................6
11. RFP Amendment................................................................................................................................................6
C. Proposal Preparation..................................................................................................................... 7
12. Proposal: Only one..........................................................................................................................................7
13. Proposal: Preparation Costs.........................................................................................................................7
14. Proposal: Language..........................................................................................................................................7
15. Proposal: Documents......................................................................................................................................7
16. Proposal: Preparation.....................................................................................................................................7
17. Technical Proposal Preparation.................................................................................................................8
18. Technical Proposal: Format and Content...............................................................................................8
19. Financial Proposal Format and Content.................................................................................................9
20. Taxes……….........................................................................................................................................................10
21. Client Inputs..................................................................................................................................................... 10
22. Alternative Proposals...................................................................................................................................10
23. Proposal Prices................................................................................................................................................10
24. Proposal Currency.........................................................................................................................................10
25. Proposal Validity............................................................................................................................................10
26. Proposal Format and Signing....................................................................................................................10
D. Proposal Submission.................................................................................................................... 11
27. Proposal: Sealing and Marking................................................................................................................11
28. Proposal: Submission Deadline................................................................................................................11
29. Proposal Submitted Late.............................................................................................................................11
30. Proposal Modification, Substitution or Withdrawal.......................................................................12
E. Proposal Opening and Evaluation........................................................................................... 12
31. Technical Proposal Opening......................................................................................................................12
32. Confidentiality………………………………………………………………………………12
33. Contacting the Client.....................................................................................................................................13
34. Examination of Conflict of Interest Situation.....................................................................................13
35. Proposal: Technical Evaluation................................................................................................................13
36. Financial Proposal Opening.......................................................................................................................13
37. Proposal: Financial Evaluation.................................................................................................................14
38. Correction of Arithmetical Errors...........................................................................................................14
49. Proposal: Combined Evaluation...............................................................................................................14
40. Proposal: Negotiation...................................................................................................................................15
41. Proposal Negotiation: Technical..............................................................................................................15
42. Proposal Negotiation: Financial...............................................................................................................15
43. Availability of Professional staff/experts............................................................................................15
44. Proposal Negotiations: Conclusion.........................................................................................................15
F. Contract Award.............................................................................................................................. 16
45. Contract Award...............................................................................................................................................16
46. Advising Unsuccessful Consultant..........................................................................................................16

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 47. Commencement of Services.......................................................................................................................16
48. Consultants Right to Complain.................................................................................................................16
Section 2. Special Instructions to Consultants..........................................................................................17
Section 3. General Conditions of Contract..................................................................................................21
A. General............................................................................................................................................. 21
1. Definitions......................................................................................................................................................... 21
2. Contract Documents.....................................................................................................................................22
3. Corrupt, Fraudulent, Collusive or Coercive Practices....................................................................22
4. Interpretation.................................................................................................................................................. 23
5. Documents Forming the Contract and Priority of Documents...................................................24
6. Eligibility............................................................................................................................................................ 24
7. Governing Language.....................................................................................................................................24
8. Applicable Law................................................................................................................................................24
9. Contractual Ethics..........................................................................................................................................24
10. Joint Venture, Consortium or Association (JVCA)............................................................................24
11. Communications and Notices...................................................................................................................24
12. Assignment....................................................................................................................................................... 25
13. Relation between the Parties....................................................................................................................25
14. Site .................................................................................................................................................................25
15. Authority of Member in Charge...............................................................................................................25
16. Authorized Representatives......................................................................................................................25
17. Taxes and Duties.............................................................................................................................................25
B. Commencement, Completion and Modification of Contract...........................................25
18. Effectiveness of Contract............................................................................................................................25
19. Termination of Contract for Failure to Become Effective............................................................25
20. Commencement of Services.......................................................................................................................25
21. Expiration of Contract.................................................................................................................................26
22. Modifications or Variations.......................................................................................................................26
C. Consultant’s Personnel and Sub-Consultants......................................................................26
23. General................................................................................................................................................................26
24. Description of Personnel.............................................................................................................................26
25. Approval of Personnel................................................................................................................................26
26. Removal and/or Replacement of Personnel......................................................................................26
27. Project Manager..............................................................................................................................................26
D. Obligations of the Consultant....................................................................................................27
28. Standard of Performance............................................................................................................................27
29. Law Governing Services..............................................................................................................................27
30. Conflict of Interests.......................................................................................................................................27
31. Consultant Not to Benefit from Com-missions, Discounts...........................................................27
32. Consultant and Affiliates not to Engage in Certain Activities.....................................................27
33. Prohibition of Conflicting Activities......................................................................................................27
34. Confidentiality.................................................................................................................................................27
35. Liability of the Consultant..........................................................................................................................28
36. Insurance to be taken out by the Consultant.....................................................................................29
37. Accounting, Inspection and Auditing.....................................................................................................29
38. Consultant’s Actions Requiring Client’s Prior Approval...............................................................29
39. Reporting Obligations..................................................................................................................................30
40. Proprietary Rights on Documents Prepared by the Consultant................................................30
41. Proprietary Rights on Equipment and Materials Furnished by the Client............................30
E. Obligations of the Client.............................................................................................................. 30
42. Assistance and Exemptions.......................................................................................................................30
43. Access to Land.................................................................................................................................................30
44. Change in the Applicable Law Related to Taxes and Duties........................................................31
45. Services, Facilities and Property of the Client...................................................................................31
46. Payment..............................................................................................................................................................31
47. Counterpart Personnel...............................................................................................................................31

828336621.doc v
 F. Payments to the Consultants.....................................................................................................32
48. Cost Estimate of Services: Ceiling Amount..........................................................................................32
49. Payments: General.........................................................................................................................................32
50. Lump-Sum Remuneration..........................................................................................................................32
51. Modes of Payment..........................................................................................................................................32
52. Advance Payment...........................................................................................................................................32
53. Interim Payments...........................................................................................................................................32
54. Final Payment..................................................................................................................................................33
55. Suspension of Payments.............................................................................................................................33
G. Time Control................................................................................................................................... 33
56. The Services to be Completed by the Intended Completion Date.............................................33
57. Early Warning..................................................................................................................................................33
58. Extension of the Intended Completion Date.......................................................................................33
59. Progress Meetings..........................................................................................................................................33
H. Good Faith and Fairness in Operation................................................................................... 34
60. Good Faith......................................................................................................................................................... 34
61. Fairness in Operation...................................................................................................................................34
I. Termination and Settlement of Disputes..............................................................................34
62. Termination for Default...............................................................................................................................34
63. Termination for Insolvency.......................................................................................................................35
64. Termination for Convenience...................................................................................................................35
65. Termination because of Force Majeure................................................................................................35
66. Force Majeure..................................................................................................................................................35
67. No Breach of Contract..................................................................................................................................36
68. Measures to be Taken on Force Majeure.............................................................................................36
69. Cessation of Rights and Obligations.......................................................................................................36
70. Cessation of Services.....................................................................................................................................37
71. Payment upon Termination.......................................................................................................................37
72. Disputes about Events of Termination.................................................................................................37
73. Settlement of Disputes.................................................................................................................................37
Section 4. Special Conditions of Contract...................................................................................................38
Section 5. Proposal & Contract Forms..........................................................................................................42
5A. Technical Proposal - Standard Forms.............................................................................................42
Form 5A1 Technical Proposal Submission Form..............................................................................43
Form 5A2 Consultant’s Organization and Experience...................................................................44
Form 5A3 Comments and Suggestions on the Terms of Reference and on Counterpart
Staff and Facilities to be Provided by the Client....................................................................................45
Form 5A4 Description of Approach, Methodology and Work Plan for Performing the
Assignment…..............................................................................................................................................................46
Form 5A5 Work Schedule...............................................................................................................................47
Form 5A6 Team Composition and Task Assignments...................................................................48
Form 5A7 Staffing Schedule1.......................................................................................................................49
Form 5A8 Curriculum Vitae (CV) for Each Proposed Professional Staff.............................50
5B. Financial Proposal - Standard Forms...............................................................................................52
Form 5B1 Financial Proposal Submission Form...............................................................................53
Form 5B2 Summary of Costs.........................................................................................................................54
Form 5B3 Breakdown of Staff Remuneration....................................................................................55
Form 5B4 Breakdown of Reimbursable Expenses...........................................................................56
Form 5B5 Breakdown of Taxes...................................................................................................................57
5C. Contract Agreement...................................................................................................................................58
5D. Appendices......................................................................................................................................................60
Section 6. Terms of Reference.........................................................................................................................62

828336621.doc vi
 Section 1.Instructions to Consultants
A. General
1. Scope of 1.1 The Client, as indicated in the Special Instructions to Consultants (SIC),
Proposal issues this Request for Proposal (RFP) for the supply of Services as
specified in the SIC and described in details in Section 6, Terms of
Reference in accordance with the method of selection specified in the
SIC.

1.2 Only those short-listed Consultants indicated in the Letter of Invitation

are to submit a Proposal for the supply of consulting services required
for the assignment. The Proposal will be the basis for contract
negotiations and ultimately for a signed Contract with the selected
Consultant.

1.3 The successful Consultant will be expected to complete the delivery of

the Services in accordance with the phasing indicated in the SIC. When
the assignment includes several phases, the performance of the
Consultant under each phase must be to the Client’s satisfaction before
work begins on the next phase.

1.4 Throughout this RFP:

(a)the term “in writing” means communicated in written form with
proof of receipt;
(b) if the context so requires, singular means plural and vice versa;
and
(c)“day” means calendar day.

2. Source of 2.1 The Client has been allocated public funds as indicated in the SIC and
Funds intends to apply a portion of the funds to eligible payments under the
contract for which this RFP is issued.

2.2 For the purpose of this provision, “public funds” means any monetary
resources appropriated to procuring entities under Government
budget, or revenues generated by statutory bodies and corporations or
aid grants and credits put at the disposal of procuring entities by the
development partners through the Government.

2.3 Payments by the development partner, if so indicated in the SIC, will be

made only at the request of the Government and upon approval by the
development partner in accordance with the applicable
Loan/Credit/Grant Agreement, and will be subject in all respects to the
terms and conditions of that Agreement.

3. Corrupt, 3.1 The Government requires that Clients, as well as Applicants

Fraudulent, Consultants, shall observe the highest standard of ethics during the
Collusive, implementation of the procurement proceedings and the execution of

FGN RfP Complex Lump-Sum 1

 Coercive or contracts under public funds.
Obstructive
Practices

3.2 In pursuance of this requirement, the Client shall

(a) exclude the Consultant from participation in the procurement
proceedings concerned or reject a proposal for award; and
(b) declare the Consultant ineligible, either indefinitely or for a stated
period of time, from participation in procurement proceedings
under public fund;
(c) have the right to require that a provision be included in bidding
documents, requiring bidders, suppliers and contractors to
permit the relevant authorities to inspect their accounts and
records and other documents relating to the bid submission and
contract performance and to have them audited by auditors
if it, at any time, determines that the Consultant has, directly or through
an agent, engaged in corrupt, fraudulent, collusive or coercive practices
in competing for, or in executing, a contract under public fund.

3.3 Should any corrupt or fraudulent practice of any kind

referred to in ITC Sub-Clause 3.4 come to the knowledge of the Client, it
shall, in the first place, allow the Consultant to provide an explanation
and shall take actions as stated in ITC Sub-Clause 3.2 only when a
satisfactory explanation is not received. Such exclusion and the reasons
for it, shall be recorded in the record of the procurement proceedings
and promptly communicated to the Consultant concerned. Any
communications between the Consultant and the Client related to
matters of alleged fraud or corruption shall be in writing.

3.4 The Government defines, for the purposes of this provision, the terms
set forth below as follows:
(a) “corrupt practice” means offering, giving, or promising to give,
directly or indirectly, to any officer or employee of a Procuring
Entity or other governmental/private authority or individual a
gratuity in any form, an employment or any other thing or service
of value, as an inducement with respect to an act or decision of, or
method followed by, a Procuring Entity in connection with the
procurement proceeding;
(b) “fraudulent practice” means a misrepresentation or omission of
facts in order to influence a procurement proceeding or the
execution of a contract to the detriment of the Client,
(c) “collusive practice” means a scheme or arrangement among two and
more Consultants with or without the knowledge of the Client
(prior to or after proposal submission) designed to establish
proposal prices at artificial, non-competitive levels and to deprive
the Client of the benefits of free, open and genuine competition; and
(d) “coercive practice” means harming or threatening to harm, directly
or indirectly, persons or their property to influence the
procurement proceedings, or affect the execution of a contract.

FGN RfP Complex Lump-Sum 2

 (e) obstructive practice which means
i. deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false
statements to investigators in order to materially impede
relevant authorities’ investigation into allegations of a
corrupt, fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation, or
ii. acts intended to materially impede the exercise of the relevant
authorities’ inspection and audit rights provided for under
par. 3.2 (c) above.

3.5 The Consultant shall be aware of the provisions on fraud

and corruption stated in GCC Clause 3 and GCC Sub-Clause 63.2 (c).

3.6 The Government requires that the Client’s personnel have

an equal obligation not to solicit, ask for and/or use coercive methods
to obtain personal benefits in connection with the said proceedings.

4. Eligible 4.1 Only short-listed Consultants are eligible to submit proposals.

Consultants
4.2 The Consultant has the legal capacity to enter into the contract.

4.3 The Consultant shall not be under a declaration of ineligibility for

corrupt, fraudulent, collusive or coercive practices in accordance with
ITC Sub-Clause 3.2.

4.4 The Consultant is not insolvent, in receivership, bankrupt or being

wound up, their business activities have not been suspended, and he is
not the subject of legal proceedings for any of the foregoing.

4.5 The Consultant has fulfilled its obligations to pay taxes and social
security contributions under the relevant national laws and
regulations.

4.6 Government officials and civil servants, including persons of

autonomous bodies or corporations may be hired to work as a member
of a team of consultants provided the person (a) is on leave of absence
without pay; (b) is not being hired by the procuring entity he/she was
working for immediately prior to going on leave; and (c) the hiring of
him/her would not create any conflict of interest.

4.7 Consultants have an obligation to disclose any situation of actual or

potential conflict of interest that impacts on their capacity to serve the
best interest of their Client, or that may reasonably be perceived as
having this effect. Failure to disclose such situations may lead to the
disqualification of the Consultant or the termination of its Contract.

5. Conflict of 5.1 General

Interest
(a) The Consultant (including any of his affiliates/associates), in
deference to the requirements that the Consultant provides

FGN RfP Complex Lump-Sum 3

 professional and objective advice and at all times hold the Client’s
interests paramount, strictly avoids conflicts with other assignments
or their own corporate interests, acts without any consideration for
future work and must not have a conflict of interest (COI), shall not
be recruited under any of the circumstances specified in ITC Sub
Clauses 5.2 to 5.4. “COI” shall mean a situation in which a Consultant
provides biased professional advice to a client in order to obtain
from that client an undue benefit for himself or
affiliate(s)/associate(s).

5.2 Conflicting Activities

(a) A firm that has been engaged by the Client to provide Services, works
or services other than consulting services for a project, and any of its
affiliates, shall be disqualified from providing consulting services
related to those Services, works, or services. Conversely, a firm hired
to provide consulting services for the preparation or implementation
of a project, and any of its affiliates, shall be disqualified from
subsequently providing Services or works or services other than
consulting services resulting from or directly related to the firm’s
earlier consulting services. For the purpose of this clause, services
other than consulting services are defined as those leading to a
measurable physical output, for example surveys, exploratory
drilling, aerial photography, and satellite imagery.

5.3 Conflicting Assignments

(a) A Consultant (including its Personnel and Sub-Consultants) or any of
its affiliates shall not be hired for any assignment that, by its nature,
may be in conflict with another assignment of the Consultant to be
executed for the same or for another Client. For example, a
Consultant hired to prepare engineering design for an infrastructure
project shall not be engaged to prepare an independent
environmental assessment for the same project, and a Consultant
assisting a Client in the privatization of public assets shall not
purchase, nor advise Clients of, such assets. Similarly, a Consultant
hired to prepare Terms of Reference for an assignment shall not be
hired for the assignment in question.

(a) Conflicting Relationships

(a) A Consultant (including its Personnel and Sub
Consultants) that has a business or family relationship with a
member of the Client’s staff may not be awarded a Contract, unless
the conflict stemming from this relationship has been addressed
adequately throughout the selection process and the execution of
the Contract.
5.5 Unfair Advantage
(a) If a shortlisted Consultant could derive, a competitive advantage
from having provided consulting services related to the
assignment in question, the Client shall make available to all
shortlisted Consultants together with this RFP all information that
would in that respect give such Consultant any competitive
advantage over competing Consultants.

FGN RfP Complex Lump-Sum 4

6. Eligible 6.1 All material, equipment and supplies used by the Consultant and
Services Services to be provided under the contract shall have their origin in
countries other than those specified in the SIC.

7. Site Visit 7.1 The Consultant, at the Consultant’s own responsibility and risk, is
encouraged to visit and examine the Site and obtain all information
that may be necessary for preparing the Proposal and entering into a
contract for supply of Services.

7.2 The Consultant should ensure that the Client is advised of the visit in
adequate time to allow it to make appropriate arrangements.

7.3 The costs of visiting the Site shall be at the Consultant’s own expense.

B. Request for Proposal

8. RFP Sections 8.1 The Sections comprising the Request for Proposal are listed below.
 Section 1: Instructions to Consultants (ITC)
 Section 2: Special Instructions to Consultants (SIC)
 Section 3: General Conditions of Contract (GCC),
 Section 4: Special Conditions of Contract (SCC),
 Section 5: Proposal and Contract Forms
 Section 6: Terms of Reference (TOR)

8.2 The Client is not responsible for the completeness of the RFP and any
addenda, if these were not obtained directly from the Client.

8.3 The Consultant is expected to examine all instructions, forms, terms,

and provisions in the RFP. Failure to furnish all information or
documentation required by the RFP may result in the rejection of the
Proposal.

9. RFP 9.1 A Consultant requiring any clarification of the RFP shall contact the
Clarification Client in writing at the Client’s address indicated in the SIC. The Client
will respond in writing to any request for clarification received no later
than seven (7) days prior to the dead line for submission of proposals.

9.2 The Client shall forward copies of its response to all those short-listed
Consultants, including a description of the enquiry but without
identifying its source.

9.3 Should the Client deem it necessary to amend the RFP as a result of a
clarification, it shall do so following the procedure in ITC Clause 11.

FGN RfP Complex Lump-Sum 5

10. Pre-proposal 10.1 To clarify issues and to answer questions on any matter arising in the
meeting RFP, the Client may, if stated in the SIC, invite prospective Consultants to
a Pre-Proposal Meeting at the place, date and time as specified in the SIC.
The Consultant is encouraged to attend the meeting if it is held.

10.2 The Consultant is requested, as far as possible, to submit any questions

in writing, to reach the Client not later than one (1) week before the
meeting.

10.3 Minutes of the pre-Proposal meeting, including the text of the questions
raised and the responses given, together with any responses prepared
after the meeting, will be transmitted without delay to all the short-
listed Consultants not later than seven (7) days after the date of the
meeting. Any modification to the RFP listed in ITC Clause 8.1 that may
become necessary as a result of the pre-Proposal meeting shall be made
by the Client exclusively through the issue of an Addendum pursuant to
ITC Clause 11 and not through the minutes of the pre-Proposal meeting.

11. RFP 11.1 At any time prior to the deadline for submission of Proposals, the Client,
Amendment for any reason on its own initiative or in response to a clarification
request in writing from a consultant, may amend the RFP by issuing an
amendment.

11.2 Any amendment issued shall become an integral part of the RFP and
shall be communicated in writing to all the short-listed Consultants.

11.3 To give a prospective Consultant reasonable time in which to take any

amendment into account in preparing its Proposal, the Client may, at its
discretion, extend the deadline for the submission of Proposals,
pursuant to ITC Sub-Clause 28.3.

C. Proposal Preparation
12. Proposal: 12.1 A short-listed Consultant, including its affiliate(s), may submit only one
Only one (1) Proposal. If a Consultant submits or participates in more than one (1)
Proposal, all such proposals shall be rejected. However, this does not
limit the participation of the same Sub-Consultant, including individuals,
to more than one proposal.

13. Proposal: 13.1 The Consultant shall bear all costs associated with the preparation and
Preparation submission of its Proposal, and the Client shall not be responsible or
Costs liable for those costs, regardless of the conduct or outcome of the
procurement process.

14. Proposal: 14.1 The Proposal, as well as all correspondences and documents relating to
Language the Proposal and subsequent Contract shall be written in the English
language. Supporting documents and printed literature furnished by the
Consultant may be in another language provided they are accompanied
by an accurate translation of the relevant passages in the English
language, in which case, for purposes of interpretation of the Proposal,
such translation shall govern.

FGN RfP Complex Lump-Sum 6

 14.2 The Consultant shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.

15. Proposal: 15.1 The Proposal prepared by the Consultant shall comprise the
Documents following:
(a) Technical Proposal;
(b) Financial Proposal;
(c) documentary evidence establishing the Consultant’s
eligibility; and
(d) any other document required as stated in the SIC.

16. Proposal: 16.1 In preparing its Proposal, the Consultant shall examine in detail the
Preparation documents comprising the RFP. Material deficiencies in providing the
information requested may result in rejection of a proposal.

16.2 The Consultant shall prepare the Technical Proposal in accordance with
ITC Clauses 17 and 18 using the forms furnished in Section 5A: Technical
Proposal; Standard Forms.

16.3 The Consultant shall submit the Financial Proposal in accordance with
ITC Clause 19 and using the forms furnished in Section 5B: Financial
Proposal; Standard Forms.

16.4 All the forms mentioned in ITC Sub-Clauses 16.2 and 16.3 shall be
completed without any material changes and alterations to its format,
filling in all blank spaces with the information requested, failing which
the Proposal may be rejected as being incomplete.

17. Technical 17.1If a Consultant considers that it does not have all the expertise required
Proposal for the assignment, it may obtain that expertise by associating with other
Preparation Consultants or entities in a joint venture or sub consultancy as
appropriate. Association among the short-listed Consultants at the time
of submission of a proposal is not permitted, and the Client shall
disqualify such proposal. Association of other Consultants (not short
listed) in a joint venture at the time of submission of a proposal is only
permitted with the prior permission of the Client, which must be
obtained prior to the submission of a proposal. A short-listed Consultant
associating another firm as sub consultant at the time of submission of
proposal will not require prior permission of the Client. For such cases,
the Proposal shall be submitted in the name of the short-listed
Consultant. For such sub-consultancy (etc), the Proposal should include
a covering letter signed by an authorized representative of the
Consultant with full authority to make legally binding contractual (and
financial) commitments on behalf of the Consultant, plus a copy of the
agreement(s) with the sub-Consultant(s). Sub-consultancies (etc) shall
in no event relieve the short-listed Consultant from any of its obligations,
duties, responsibility or liability under the Contract

17.2 For QBS, QCBS or Least Cost Selection based assignments, the estimated
number of Professional staff-months is indicated in the SIC; however the
available budget shall not be disclosed. The proposal shall be based on

FGN RfP Complex Lump-Sum 7

 the number of Professional staff-months estimated by the Consultant.

17.3 For Selection under a Fixed Budget, the available budget is given in the
SIC, and the Financial Proposal shall not exceed this budget, while the
estimated number of Professional staff-months normally is not be
disclosed.

17.4 Proposed professional staff shall have at least the qualification

experience indicated in the SIC, preferably working under conditions
similar to Nigeria. It is desirable that the majority of the key professional
staff proposed be permanent employees of the Consultant or has an
extended and stable working relationship with it.

17.5 Alternative experts shall not be proposed, and only one curriculum vita
(CV) may be submitted for each position.

17.6 Reports to be submitted by the Consultants as part of the assignment

shall be in the English language.

18. Technical 18.1 The Technical Proposal shall provide the following information using the
Proposal: attached Standard Forms (Section 5A):
Format and
a) Form 5A1: Technical Proposal Submission Form in the format of a
Content
letter, duly signed by an authorised signatory of the Consultant;
b) Form 5A2: giving a brief description of the Consultant’s organization
and an outline of recent experience of the Consultant and, in the case
of an association by each partner, on assignments of a similar nature.
For each assignment, the outline should indicate the names of Sub-
Consultants / Professional staff / experts who participated, duration
of the assignment, contract amount, and the Consultant’s involvement.
Information should be provided only for those assignments for which
the Consultant was legally contracted by the Client as a corporation or
as one of the major firms within an association. Assignments
completed by individual Professional staff/experts working privately
or through other consulting firms cannot be claimed as the experience
of the Consultant, or that of the Consultant’s associates, but can be
claimed by the Professional staff/experts themselves in their CVs.
Consultants should be prepared to substantiate the claimed
experience if so requested by the Client;
c) Form 5A3: indicating comments and suggestions that the Consultant
may have on the Terms of Reference to improve performance in
carrying out the assignment, any requirements for counterpart staff
and facilities including: administrative support, office space, local
transportation, equipment, or data, to be provided by the Client;
d) Form 5A4: indicating the approach, methodology and work plan for
performing the assignment covering the following subjects: technical
approach and methodology, work plan, and organization and staffing
schedule. The work plan should be consistent with the Work Schedule
(Form 5A5) and should be in the form of a bar chart showing the
timing proposed for each activity;
e) Form 5A6: being the list of the proposed Professional staff team by
area of expertise, the position that would be assigned to each staff

FGN RfP Complex Lump-Sum 8

 team member, and their tasks;
f) Form 5A7: being the Estimates of the staff input (staff-months of
professionals) needed to carry out the assignment. The staff-months
input should be indicated separately for head office and field
activities;
g) Form 5A8: being the CVs of the Professional staff signed by the
respective staff member and by the authorized representative
submitting the proposal;
h) Plus, a detailed description of the proposed methodology, staffing, and
monitoring of training, if the SIC specifies training as a major
component of the assignment; and
i) Any additional information that might be requested in the SIC.

18.2 The Technical Proposal shall not include any financial information.

19. Financial 19.1 The Financial Proposal shall provide the following information using the
Proposal attached Standard Forms (Section 5B):
Format and
(a) Form 5B1: Financial Proposal Submission Form in the format of
Content
a letter, duly signed by an authorised signatory of the Consultant.
Commissions and gratuities, if any, paid or to be paid by Consultants
and related to the assignment will be listed in the form;
(b) Form 5B2: being the Summary of Costs against staff
remuneration, other expenses, and the taxes;
(c) Form 5B3: being the breakdown of costs against staff
remuneration;
(d) Form 5B4: being the breakdown of costs against other expenses.
A sample list is provided in the SIC; and
(e) Form 5B5: being the estimate of the local taxes, duties, fees,
levies and other charges under the applicable law, on the Consultants,
sub-Consultants and their personnel.
If appropriate, all these costs should be broken down by activity.

20. Taxes 20.1 The Consultant is subject to local taxes on amounts payable by the Client
as per the Applicable Law. It is the responsibility of the Consultant to be
familiar with the relevant laws in Nigeria, and to determine the taxes
amounts to be paid.

21. Client Inputs 21.1 The Client shall:

(a) provide at no cost to the Consultant the inputs and facilities
specified in the SIC;
(b) make available to the Consultant, relevant project data and reports
at the time of issuing the RFP; and
(c) Assist the Consultant in obtaining relevant project data and reports
from other related departments/divisions, which will be required
by the Consultant to perform the assignment.

22. Alternative 22.1 Alternative proposals shall not be considered.

FGN RfP Complex Lump-Sum 9

 Proposals
23.1 The Consultant shall indicate on the Financial Proposal the total Lump
23. Proposal
Sum Price of the Services it proposes to provide under the contract,
Prices
and a breakdown of the lump-sum price in accordance with the format
provided in Section 5
24. Proposal 24.1 All prices shall be quoted in Naira.
Currency

25. Proposal 25.1 Proposals shall remain valid for the period specified in the SIC after the
Validity Proposal submission deadline date prescribed by the Client.

25.2 Consultants shall maintain the availability of Professional staff/experts

nominated in the Proposal during the Proposal validity period. The
Client will make its best effort to complete negotiations of a contract
with the top ranked candidate within this period.

25.3 In exceptional circumstances, prior to the expiration of the Proposal

validity period, the Client may request Consultants to extend the period
of validity of their Proposals. The request and the responses shall be
made in writing. If a Consultant does not respond or refuse the request,
its Proposal shall no longer be considered in the evaluation proceedings.
A Consultant agreeing to the request will not be required or permitted to
modify its Proposal.

26. Proposal 26.1 The Consultant shall prepare one (1) original of the Technical Proposal
Format and as described in ITC Sub-Clause 18.1 and one (1) original of the Financial
Signing Proposal as described in ITC Sub-Clause 19.1 and clearly mark them
“ORIGINAL”.

26.2 The Consultant shall prepare the number of copies as specified in the SIC
of each Technical Proposal and clearly mark them “COPY”. In the event of
any discrepancy between the original and the copies, the original shall
prevail.

26.3 The original and all copies of the Technical and Financial Proposals shall
be typed or written in indelible ink and shall be signed by a person duly
authorized to bind the Consultant to the Contract. The name and
position held by each person signing the authorization must be typed or
printed below the signature.

26.4 All pages of the Proposals except for un-amended printed literature shall
be signed or initialed by the person signing the Proposals.

D. Proposal Submission
27. Proposal: 27.1 The Consultant shall enclose the original and each copy of the Technical
Sealing and Proposal in separate sealed envelopes, duly marking the envelopes as
Marking “TECHNICAL PROPOSAL” and “ORIGINAL” and “COPY, as appropriate.”
These envelopes containing the original and the copies shall then be
enclosed in one single envelope duly marking the envelope as
“TECHNICAL PROPOSAL”.

FGN RfP Complex Lump-Sum 10

 27.2 The Consultant shall enclose the original of the Financial Proposal in
one single separate sealed envelope, duly marking the envelope as
“FINANCIAL PROPOSAL” and with a warning “DO NOT OPEN WITH THE
TECHNICAL PROPOSAL.”

27.3 The two envelopes shall then be enclosed in one single outer envelope.
The inner and outer envelopes shall:
(a) bear the name and address of the Consultant;
(b) be addressed to the Client at the address specified in the SIC;
(c) bear the name of the Proposal as specified in the SIC; and
(d) bear a statement “DO NOT OPEN BEFORE ….” The date for
opening as specified in the SIC.

27.4 If all envelopes are not sealed and marked as required, the Client will
assume no responsibility for the misplacement, or premature opening
of the Proposal.

27.5 If the Financial Proposal is not submitted in a separate sealed envelope

duly marked as indicated above, this may constitute grounds for
declaring the Proposal non-responsive.

28. Proposal: 28.1 Proposals must be received by the Client at the address specified under
Submission ITC Sub-Clause 27.3 no later than the date indicated in the SIC.
Deadline

28.2 The Proposal may be hand delivered or posted by registered mail or

sent by courier. The Client shall, on request, provide the Consultant
with a receipt showing the date and time when its Proposal was
received.

28.3 The Client may, at its discretion, extend the deadline for the submission
of Proposals by amending the RFP in accordance with ITC Clause 11, in
which case all rights and obligations of the Client and Consultants
previously subject to the deadline shall thereafter be subject to the
deadline as extended.

29. Proposal 29.1 Any Proposal received by the Client after the deadline for submission of
Submitted Proposals, in accordance with ITC Clause 28 shall be declared late, will
Late be rejected, and returned unopened to the Consultant.

30. Proposal 30.1 A Consultant may modify, substitute, or withdraw its Proposal
Modification, after it has been submitted by sending a written notice, duly signed by
Substitution an authorized representative, and shall include a copy of the
or authorization in accordance with ITC Sub-Clause 26.3, (except that no
Withdrawal copies of the withdrawal notice are required). The corresponding
substitution or modification of the Proposal must accompany the
respective written notice. All notices must be:
(a) submitted in accordance with ITC Clause 27 (except that
withdrawal notices do not require copies), and in addition, the
respective envelopes shall be clearly marked “MODIFICATION,”
“SUBSTITUTION,” or “WITHDRAWAL;” and

FGN RfP Complex Lump-Sum 11

 (b) received by the Client prior to the deadline prescribed for
submission of Proposals, in accordance with ITC Clause 28.

30.2 Proposals requested to be withdrawn in accordance with ITC

Sub-Clause 30.1 shall be returned unopened to the Consultants.

30.3 No Proposal may be modified, substituted, or withdrawn after

the deadline for submission of Proposals specified in ITC Clause 28.

E. Proposal Opening and Evaluation

31. Technical 31.1 There shall be no public opening of the Technical Proposals, however
Proposal the Client shall open all Technical Proposals received shortly after the
Opening deadline and at the place specified in the SIC. The Consultants may
obtain from the Client the list of Consultant’s who have submitted
proposals by the deadline.

31.2 The Client shall not open the Financial Proposals at this stage and shall
keep these sealed and securely stored until these are opened at the
time and manner specified in ITC Clause 37.

31.3 No Proposal shall be rejected at Proposal opening, except for late

Proposals, which shall be returned unopened to the Consultant
pursuant to ITC Clause 29.

32. Confiden- 32.1 Information relating to evaluation of Proposals and recommendations

tiality concerning awards shall not be disclosed to the Consultants who
submitted the Proposals or to other persons not officially concerned
with the process, until the winning firm has been notified that it has
been awarded the Contract. The undue use by any Consultant of
confidential information related to the process may result in the
rejection of its Proposal and may be subject to the provisions of the
Government’s antifraud and corruption policy.

32.2 Evaluators of Technical Proposals shall have no access to the Financial

Proposals until the technical evaluation is concluded and approved by
the relevant authority.

33. Contacting 34.1 Following the opening of the Technical Proposals, and until the
the Client contract is signed, no Consultant shall make any unsolicited
communication to the Client.

34.2 Any effort by a consultant to influence the Client in its decisions on the
examination, evaluation, and comparison of either the Technical or
Financial Proposals or contract award may result in the rejection of its
Proposal.

34. Examination 35.1 During the evaluation of the Technical Proposals, the Client shall
of Conflict of ascertain that no new COI situations have arisen since the Consultant
Interest was short-listed. If the Client identifies a COI at this stage, it shall
Situation determine whether the specific conflict is substantive and take action

FGN RfP Complex Lump-Sum 12

 by reducing the scope of work of the assignment or rejecting the
Technical Proposal.

35. Proposal: 36.1 The Proposals Evaluation Committee (PEC) as a whole and each of its
Technical members individually shall evaluate and rank the Technical Proposals
Evaluation on the basis of their responsiveness to the Terms of Reference,
applying the evaluation criteria, sub criteria, and points system
specified in ITC Sub-Clause 36.2.

36.2 Technical Proposals shall be evaluated and ranked on the basis of their
responsiveness to the Terms of Reference, applying the evaluation
criteria, sub criteria, and point system specified in the SIC. Each
responsive Technical Proposal will be given a technical score (St). A
Technical Proposal shall be rejected if it does not respond to important
aspects of the RFP, and particularly the Terms of Reference or if it fails
to achieve the minimum technical score indicated in the SIC.

36.3 Innovativeness will be appreciated, including workable suggestions

that could improve the quality/effectiveness of the assignment. In this
regard, unless the Consultant clearly states otherwise, it will be
assumed by the Client that work associated with implementation of
any such improvements are included in the inputs shown on the
Consultant’s staffing schedule.

36.4 Higher ratings will be given to experts from the short-listed

consultants and their associates, if any, who are full-time employees. A
full-time employee is a person who has been employed by the firm
continuously for a period of more than twelve (12) months prior to the
date when the proposal is submitted.

36. Financial 37.1 In the case of QCBS, FBS and LCS, after the technical evaluation is
Proposal completed, the Client shall notify in writing, those Consultants that
Opening have secured the minimum qualifying mark, indicating the date, time
and location for opening the Financial Proposals. The opening date
shall usually not be less than one (1) week after such notification.

37.2 In the case of QBS, Selection Based on Consultant’s Qualifications, and

Single-Source Selection, the highest ranked firm or firm selected on a
single-source basis is invited to negotiate its proposal and the contract
on the basis of the Technical Proposal and the Financial Proposal
submitted in accordance with the instructions given in the SIC.

37.3 In the case of QCBS, FBS and LCS, the Client shall simultaneously notify
those Consultants whose Technical Proposals did not meet the
minimum qualifying mark or were considered non-responsive to the
RFP, indicating that their Financial Proposals will be returned
unopened after completion of the selection process.

37.4 Except in the case of QBS, Financial Proposals shall be opened publicly
in the presence of the Consultants’ representatives who choose to
attend. Those representatives who attend shall sign an attendance
sheet. Each Financial Proposal will then be inspected to confirm that it
has remained sealed and unopened. The name of the Consultants, the
technical scores, and the proposed prices shall be read aloud and

FGN RfP Complex Lump-Sum 13

 recorded when the Financial Proposals are opened. The Client shall
prepare minutes of the public opening and these shall be furnished,
upon request, to consultants who’s Financial Proposals were opened.

37. Proposal: 38.1 The Proposal Evaluation Committee (PEC) will review the detailed
Financial content of each Financial Proposal. During the review, the committee
Evaluation and any Client staff and others involved in the evaluation process, will
not be permitted to seek clarification or additional information from
any Consultant who has submitted a Financial Proposal.

38.2 Financial Proposals will be reviewed to ensure these are complete (i.e.
whether Consultants have cost all items of the corresponding Technical
Proposal; if not, the Client will cost them and add their cost to the
offered price) and correct any computational errors. The evaluation
shall exclude all local taxes, duties and other charges imposed under
the Applicable Law.

38.3 In case of QCBS, the lowest evaluated Financial Proposal (Fm) will be
given a financial score (Sf) of 100 points. The financial scores (Sf) of the
other Financial Proposals will be computed as indicated in the SIC.

38. Correction of 39.1 Arithmetical errors in the Financial Proposal shall be corrected on the
Arithmetical following basis:
Errors
(a) if there is a discrepancy between the unit price and the total price
that is obtained by multiplying the unit price and quantity, the unit
price shall prevail and the total price shall be corrected, unless in
the opinion of the Client there is an obvious misplacement of the
decimal point in the unit price, in which case the total price as
quoted shall govern and the unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the total
shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount in
words shall prevail, unless the amount expressed in words is
related to an arithmetic error, in which case the amount in figures
shall prevail subject to (a) and (b) above.

39.2 Where the consultant does not accept the correction of arithmetic errors,
his (her) bid shall be rejected.

39. Proposal: 40.1 In QCBS the Proposals will be ranked according to their combined
Combined technical (St) and financial (Sf) scores using the weights (T = the
Evaluation weight given to the Technical Proposal; P = the weight given to the
Financial Proposal; T + P = 1) indicated in the SIC: S = St x T% + Sf x P
%. The firm achieving the highest combined technical and financial
score will be invited for negotiation under ITC Clauses 41 to 45.

40.2 In the case of Fixed-Budget Selection, the Client will select the firm that
submitted the highest ranked Technical Proposal with an evaluated
price that is within the budget. Proposals that exceed the indicated
budget will be rejected. The selected firm will be invited for
negotiations under ITC Clauses 41 to 45.

FGN RfP Complex Lump-Sum 14

 40.3 In the case of the Least-Cost Selection, the Client will select the lowest
proposal (“evaluated” price) among those that passed the minimum
technical score. The selected firm will be invited for negotiations under
ITC Clauses 41 to 45.

40. Proposal: 41.1 Negotiations will be held at the address indicated in the SIC. The
Negotiation invited Consultant will, as a prerequisite for attendance at the
negotiations, confirm availability of all Professional staff/experts and
satisfy such other pre-negotiation requirements as the Client may
specify.

41. Proposal 42.1 Negotiations will include a discussion of the Technical Proposal, the
Negotiation: proposed technical approach and methodology, work plan, and
Technical organization and staffing, and any suggestions made by the Consultant
to improve the Terms of Reference. The Client and the Consultant will
finalise the Terms of Reference, staffing schedule, work schedule,
logistics, and reporting. These documents will then be incorporated in
the Contract as “Description of Services”. Special attention will be paid
to clearly defining the inputs and facilities required from the Client to
ensure satisfactory implementation of the assignment. The Client shall
prepare minutes of negotiations that will be signed by the Client and
the Consultant.

42. Proposal 43.1 The financial negotiations will reflect the agreed technical
Negotiation: modifications in the cost of the services.
Financial

43. Availability 44.1 Having selected the Consultant on the basis of, among other things, an
of evaluation of proposed Professional staff/experts; the Client expects to
Professional negotiate a Contract on the basis of the Professional staff/experts
staff/experts named in the Proposal. Before contract negotiations, the Client will
require assurances that the Professional staff/experts will be actually
available. The Client will not consider substitutions during contract
negotiations unless both parties agree that undue delay in the selection
process makes such substitution unavoidable or for reasons such as
death or medical incapacity. If this is not the case and if it is established
that Professional staff/experts were offered in the proposal without
confirming their availability, the firm may be disqualified. Any
proposed substitute shall have equivalent or better qualifications and
experience than the original candidate.

44. Proposal 45.1 Negotiations will conclude with a review of the draft Contract. To
Negotiations complete negotiations, the Client and the Consultant will initial the
: Conclusion agreed Contract Agreement. If negotiations fail, the Client will invite
the Consultant whose Proposal received the second highest score to
negotiate a Contract, if this fails the Client shall negotiate with the
remaining responsive Consultants in the order of their relative ranking,
till a satisfactory contract agreement is reached, subject to the right of
the Client to reject all proposals.

F. Contract Award
45. Contract 46.1 After completing negotiations and after having received the approval

FGN RfP Complex Lump-Sum 15

 Award to award the Contract, the Client shall award the Contract to the
selected Consultant.

46. Advising 47.1 After successful completion of Contract negotiation, the Client shall
Unsuccessful promptly notify the other Consultants that they were unsuccessful.
Consultants The Client shall also return the unopened Financial Proposals, as the
case may be, to the unsuccessful Consultants.

47.2 The Client shall promptly respond in writing to any unsuccessful

Consultant who requests the Client in writing to provide a brief
statement of the reason (s) its proposal was not selected.

47. Commenceme 48.1 The Consultant is expected to commence the assignment on the date
nt of Services and at the location specified in the SIC.

48. Consultants 49.1 Any short-listed Consultant has the right to complain in
Right to accordance with Clause 31 of Procurement Regulations for the Use of
Complain Consultants Services.

49.2 The complaint shall firstly be processed through an

administrative review following the procedures set out in the
Regulations. The place and address for the first step in the submission
of complaints to the Administrative Authority is provided in the SIC.

49.3 If the Consultant considers that its complaint has not been
dealt with equitably, it may, in accordance with Regulation 33, within
ten working days submit an appeal to the Head of the BPP, who shall
review the case and issue within 21 working days a decision in writing
to the Consultant if its complaint is receivable and what corrective
action has or will be taken or if its complaint is rejected, stating the
reasons for the rejection.

49.4 If not satisfied with the outcome of the administrative

review, the Consultant may appeal to the federal high court pursuant
to paragraph 34 of the regulations.

FGN RfP Complex Lump-Sum 16

 Section 2.Special Instructions to Consultants

ITC Amendments of, and Supplements to, Clauses in the Instruction to Consultants.
Clause

edes1. The Client is: Ministry of Finance Incorporated

1
The identification of the request for proposal is: CONSULTANCY SERVICES FOR THE
DEVELOPMENT AND IMPLEMENTATION OF PORTFOLIO MANAGEMENT (PM)
SOFTWARE TOOLS.

The objective of the assignment is to provide MOFI with a comprehensive and

compatible Portfolio Management software tool that will enhance the organization's
portfolio operations and the ability to make strategic decisions, manage resources
effectively, and meet its overall goals by overseeing and optimizing its portfolio of
projects, investments, or assets specifically focusing on achieving the following:

The Method of selection is Quality and Cost Based Selection (QCBS)

1.3 The assignment is not phased.

The assignment is to be completed within Three (3) Months

2.1 The source of funding is the Approved 2024 Budget for the Ministry of Finance
Incorporated

2.3 The name of the Development Partner is [NA].

6.1 [Materials, equipment and supplies used by the Consultant are not permitted if they
have originated in [state countries]]

9.1 For clarification of Proposal purposes only, the Client’s address is:
Attention: The Chief Executive Officer (CEO)/Managing Director (MD)
Address: Tower 2, Bank of Industry (BOI) House, Plot 256 A O., Off Herbert Macaulay
Way, Central Business District, Abuja.
Telephone: 07079717413
Facsimile:
E-mail:

15.1(d Other documents required to be submitted with the proposal are: Statutory and
) Mandatory documents such as CAC Registration, three (3) current Tax Clearance
certificate, PENCOM Certificate, NSITF, ITF and BPP IRR, sworn affidavit from High
court, bank reference, staff experience all expiring 2024 and Relevant information as
contained in the RFP

FGN RfP Complex Lump-Sum 17

17.3 The estimated number of professional staff-months required for the assignment is
Three (3) Months

17.4 In the case of Fixed Budget Selection, the Financial Proposal shall not exceed the
available budget of: [NA]

17.5 The minimum required qualification and experience of professional staff are as follows:

Team Lead (P The project necessitates the leadership of an exceptionally experienced Proje
roject Manage ct Manager who will assume the role of Team Lead. This individual should ho
r): ld a Master's Degree or equivalent in Project Management, Software Develop
ment, Portfolio Management expertise, complemented by professional certifi
cation in project management. Essential qualifications include a minimum of
10 years of professional experience, with at least 5 years of service as a Proje
ct Manager or Team Leader, particularly in projects dedicated to bolstering in
stitutional capacities. Proficiency in strategic planning, leadership, managem
ent, coordination, presentation, analytical prowess, and problem-solving skill
s is imperative. The Team Lead should exhibit adaptive management abilities,
possess a results-oriented mindset, and demonstrate the capacity to work in
dependently while meeting stringent deadlines.

Software The project necessitates the leadership of an exceptionally experienced Proje

Developmen ct Manager who will assume the role of Team Lead. This individual should ho

t Expert ld a Master's Degree or equivalent in Project Management, Software Develop

ment, Portfolio Management expertise, complemented by professional certifi
cation in project management. Essential qualifications include a minimum of
10 years of professional experience, with at least 5 years of service as a Proje
ct Manager or Team Leader, particularly in projects dedicated to bolstering in
stitutional capacities. Proficiency in strategic planning, leadership, managem
ent, coordination, presentation, analytical prowess, and problem-solving skill
s is imperative. The Team Lead should exhibit adaptive management abilities,
possess a results-oriented mindset, and demonstrate the capacity to work in
dependently while meeting stringent deadlines.

Financial The Financial and Investment Specialist should have a strong background in f
and inancial principles, investment strategies as it relates portfolio management.
investment This individual should hold a master's degree (or equivalent) in Computer Sci
Specialist ence, Information Technology, Business Management or related fields, and po
ssess a minimum of 7 years of relevant experience. Expertise in designing an
d implementing portfolio management software, as well as engaging with var
ious stakeholders, is crucial for this role.

Research The project requires a Research and data Analyst with specialized skills in
and Data data analysis, research, and program evaluation. This individual should hold
Analyst: a bachelor’s or master’s degree in a relevant field, such as economics,
business, ICT or a related quantitative discipline, along with a minimum of 5
years of professional experience in data analysis, research, and program
evaluation. Proficiency in analytical tools and data modeling is essential. The

FGN RfP Complex Lump-Sum 18

 Research and Analysis Expert will be responsible for conducting data-driven
assessments, providing insights for informed decision-making, and
contributing significantly to the overall success of the development of the
Portfolio Management Software .

Stakeholder In this project, effective public engagement is essential in driving to

Engagement
conclusion the development and implementation of the project. The
Specialist
Public Engagement Specialist should possess a master’s degree or
equivalent in Public Relations, Communications, Sociology or related
fields. Their expertise should encompass skills in public relations,
marketing, and public engagement strategies. The Public Engagement
Specialist is responsible for engaging stakeholders, encouraging
participation, and effectively communicating and managing
stakeholders at various organizational levels through innovative,
effective and impactful communication strategies

18.1(h
)

18.1(i Additional information on the Technical Proposal includes: Comprehensive company

) profile.

MilestonesTask Deliverables
Project Inception
Report(20%)

Milestone 1
Submission and
Acceptance of the
Developed Portfolio
Management
Software tool. (30%)
Milestone 2

Milestone Submission and

3 Acceptance of User
Documentation,
Training Plan and
Materials.(30%)

Milestone Completion of
4 training and

FGN RfP Complex Lump-Sum 19

 submission of the
consultancy’ Final
report(20%)

19.1(d [List the applicable other expenses. A sample list is provided below for guidance: items
) that are not applicable should be deleted; others may be added.]
N/A

20.1 Specify here if the consultancy is subject to Nigerian taxes and if so where the
consultant can obtain information on its tax liability (FIRS)

21.1(a The Client will provide the following inputs and facilities:
)

25.1 Proposals must remain valid for 90 days after the submission date.
[insert number: normally between 60 and 120 days depending on the complexity of
the assignment.]

26.2 The Consultant must submit one original for both the Technical Proposal and the
Financial Proposal and [two] of copies of the Financial and Technical Proposal.

27.3(b The Proposal submission address is 8th Floor , Bank of Industry Building, Tower 2,
) and Central Business District, Abuja.
28.1
Proposals must be submitted no later than the following Date: 15th November, 2024

36.2 The number of points to be given under each of the evaluation criteria are:

Criteria, sub-criteria Points

(i) Specific experience of the Consultant relevant to the 10

assignment.
[Normally, sub-criteria are not provided, however, the
Client may decide depending on the type of assignment]

(ii)Adequacy of the proposed work plan and methodology in responding to the

terms of Reference.

(a) work plan 10

(b) Methodology 15

(c) Organization and staffing 10

[Higher ratings will be given to experts from
the short-listed consultants and their
associates, if any, who are full-time
employees. A full-time employee is a person
who has been employed by the firm
continuously for a period of more than
twelve (12) months prior to the date when
the proposal is submitted]

FGN RfP Complex Lump-Sum 20

 Total points for criterion 2: 35

(iii) Professional staff qualifications and competence for the assignment

Team Lead (Project Manager): 20

Software Development Expert 10

Financial and investment Specialist: 5
Research and Data Analyst: 5
Stakeholder Engagement Specialist: 5

Total points for criterion 3: 45

(iv) Suitability of the transfer of knowledge (training 5

programme) [insert sub criteria if applicable]

(v) Local participation (as reflected in nationals 5

amongst key staff presented by the Consultant)
[For national consultants, this sub criterion does not apply].

TOTAL POINTS 100

The minimum Technical Score St required to pass is 70 Points.

37.2 Specify in the case of QBS that only the technical score is relevant and that there are
no weights given to the technical and financial scores.

38.3 The formula for determining the financial scores is the following:
Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F the
price of the proposal under consideration.

40.1 The weights given to the Technical and Financial Proposals are:
T = [Insert weight, normally between 0.7 and 0.8], and
P = [Insert weight, normally between 0.2 and 0.3]
The address for contract negotiations is:
41.1
Procurement Manager:
8th Floor , Bank of Industry Building, Tower 2, Central Business District, Abuja.

48.1 The assignment is expected to commence as contained in the Award Letter and the
location of the services is Federal Ministry of Finance HQ, Abuja.
The name and address of the office where complaints to the Procuring Entity are to be
49.2
submitted to

Procurement Manager:
8th Floor , Bank of Industry Building, Tower 2, Central Business District, Abuja.

FGN RfP Complex Lump-Sum 21

FGN RfP Complex Lump-Sum 22
 Section 3.General Conditions of Contract
A. General
1. Definitions 1.1 The following words and expressions shall have the meanings
hereby assigned to them. Boldface type is used to identify the
defined terms:
(a) The “Client” is the party named in the SCC who engages the
Consultant to perform the Services.
(b) “Completion” means the fulfilment of the Services by the
Consultant in accordance with the terms and conditions set forth in
the Contract.
(c) The “Completion Date” is the date of actual completion of the
fulfilment of the Services.
(d) The “Consultant” is the organisation whose proposal to perform
the Services has been accepted by the Client and is named as such
in the SCC and the Contract Agreement.
(e) “Contract Agreement” means the Agreement entered into
between the Client and the Consultant together with the Contract
Documents.
(f) “Contract Documents” means the documents listed in the
Agreement, including any amendments thereto, that is these
General Conditions of Contract (GCC), the Special Conditions of
Contract (SCC), and the Appendices.
(g) “Day” means calendar day.
(h) “Effective Date” means the date on which this Contract comes into
force and effect pursuant to GCC Clause 18.
(i) “GCC” mean the General Conditions of Contract.
(j) “Government” means the Federal Government of Nigeria.
(k) The “Intended Completion Date” is the date on which it is
intended that the Consultant shall complete the Services as
specified in the SCC.
(l) “Member” means any of the entities that make up a joint venture
when the Consultant consists of a joint venture; and “Members”
means all these entities.
(m)“Month” means calendar month
(n) “Party” means the Client or the Consultant, as the case may be, and
“Parties” means both of them. Third party means any party other
than Client as Consultant.
(o) “Personnel” means professionals and support staff provided by the
Consultant or by any Sub-Consultant and assigned to perform the
Services or any part t; and “Key Personnel” means the Personnel
referred to in GCC Sub Clause 24.1.
(p) other expenses” means all assignment-related costs other than
Consultant’s remuneration.

FGN RfP Complex Lump-Sum 23

 (q) “Remuneration” means all costs related to payments of fees to the
Consultant for the time spent by the professional and other staff on
assignment related activities.
(r) “SCC” means the Special Conditions of Contract by which the GCC
may be amended or supplemented.
(s) “Services” means the work to be performed by the Consultant
pursuant to this Contract, as described in Appendices 1 to 7 of the
Contract Agreement.
(t) “Sub-Consultant” means any person or entity to whom/which the
Consultant subcontracts any part of the Services.
(u) “Third Party” means any person or entity other than the
Government, the Client, the Consultant or a Sub-Consultant.
(v) “Writing” means any hand-written, type-written, or printed
communication including telex, cable and facsimile transmission.

2. Contract 2.1 Subject to the order of precedence set forth in

Documents the Agreement, all documents forming the Contract (and all parts)
are intended to be correlative, complementary, and mutually
explanatory.

3. Corrupt, 3.1 The Government requires that Clients, as well as

Fraudulent, Consultants shall observe the highest standard of ethics during the
Collusive or implementation of procurement proceedings and the execution of
Coercive contracts under public funds.
Practices

3.2 In pursuance of this requirement, the Client shall:

(a) exclude the Consultant from
participation in the procurement proceedings concerned or
reject a proposal for award; and
(b) declare the Consultant ineligible,
either indefinitely or for a stated period of time, from
participation in procurement proceedings under public funds;
if it at any time determines that the Consultant has, directly or
through an agent, engaged in corrupt, fraudulent, collusive or coercive
practices in competing for, or in executing, a contract under public
funds.

3.3 Should any corrupt or fraudulent practice of any kind

referred to in GCC Sub-Clause 3.4 come to the knowledge of the
Client, it shall, in the first place, allow the Consultant to provide an
explanation and shall take actions as stated in GCC Sub-Clause 3.2
only when a satisfactory explanation is not received. Such exclusion
and the reasons therefore, shall be recorded in the record of the
procurement proceedings and promptly communicated to the
Consultant concerned. Any communications between the Consultant
and the Client related to matters of alleged fraud or corruption shall
be in writing.

FGN RfP Complex Lump-Sum 24

 3.4 The Government defines, for the purposes of this
provision, the terms set forth below as follows:
(a) “corrupt practice” means offering, giving, or promising to give,
directly or indirectly, to any officer or employee of a Procuring
Entity or other governmental/private authority or any individual
a gratuity in any form, an employment or any other thing or
service of value, as an inducement with respect to an act or
decision of, or method followed by, a Procuring Entity in
connection with the procurement proceeding;
(b) “fraudulent practice” means a misrepresentation or omission of
facts in order to influence a procurement proceedings or the
execution of a contract to the detriment of the Client,
(c) “collusive practice” means a scheme or arrangement among two
and more Consultants with or without the knowledge of the
Client (prior to or after proposal submission) designed to
establish proposal prices at artificial, non-competitive levels and
to deprive the Client of the benefits of free, open and genuine
competition; and
(d) “coercive practice” means harming or threatening to harm,
directly or indirectly, persons or their property to influence the
procurement proceedings, or affect the execution of a contract.

3.5 The Government requires that the Client’s personnel have

an equal obligation not to solicit, ask for and/or use coercive
methods to obtain personal benefits in connection with the said
proceedings.

4. Interpretation 4.1 In interpreting the General Conditions of Contract,

singular also means plural, male also means female or neuter, and
the other way around. Headings in the General Conditions of
Contract shall not be deemed part t or be taken into consideration
in the interpretation or construction t or of the Contract. Words
have their normal meaning under the English language unless
specifically defined.

4.2 Entire Agreement

(a) The Contract constitutes the entire agreement between the Client
and the Consultant and supersedes all communications,
negotiations and agreements (whether written or oral) of parties
with respect thereto made prior to the date of Contract
Agreement.

4.3 Amendment
(a) No amendment or other variation of the Contract shall be valid
unless it is in writing, is dated, expressly refers to the Contract,
and is signed by a duly authorized representative of each party
thereto.

4.4 Non-waiver
(a) Subject to GCC Sub-Clause 4.4(b) below, no relaxation,

FGN RfP Complex Lump-Sum 25

 forbearance, delay, or indulgence by either party in enforcing any
of the terms and conditions of the Contract or the granting of
time by either party to the other shall prejudice, affect, or restrict
the rights of that party under the Contract, neither shall any
waiver by either party of any breach of Contract operate as
waiver of any subsequent or continuing breach of Contract.
(b) Any waiver of a party’s rights, powers, or remedies under the
Contract must be in writing, dated, and signed by an authorized
representative of the party granting such waiver, and must
specify the right and the extent to which it is being waived.

4.5 Severability
(a) If any provision or condition of the Contract is prohibited or
rendered invalid or unenforceable, such prohibition, invalidity or
unenforceability shall not affect the validity or enforceability of
any other provisions and conditions of the Contract.

4.6 Phased completion

(a) If phased completion is specified in the SCC, references in the
GCC to the Services, the Completion Date, and the Intended
Completion Date apply to any Phase of the Services (other than
references to the Completion Date and Intended Completion Date
for the whole of the Services).

5. Documents 5.1 The following documents forming the contract shall be interpreted
Forming the in the following order of priority:
Contract and
(a) The Contract Agreement;
Priority of
Documents (b) The Special Conditions of Contract (SCC);
(c) The General Conditions of Contract (GCC),
(d) The Appendices (1 to 7).

6. Eligibility 6.1 The Consultant and its Sub-Consultants shall have the nationality of
a country, other than those specified in the SCC.

6.2 [All materials, equipment, plant, and supplies used by the

Consultant and services supplied under the Contract shall have their
origin in the countries, except those specified in the SCC.]

7. Governing 7.1 The Contract as well as all

Language correspondence and documents relating to the Contract exchanged
between the Consultant and the Client shall be written in the English
language. Supporting documents and printed literature that are part
of the Contract may be in another language provided these are
accompanied by an accurate translation of the relevant passages in
English, in which case, for purposes of interpretation of the Contract,
this translation shall govern.

7.2 The Consultant shall bear all costs

of translation to the governing language and all risks of the accuracy
of such translation.

FGN RfP Complex Lump-Sum 26

 8. Applicable 8.1 The Contract shall be
Law governed by and interpreted in accordance with the laws of the
Federal Republic of Nigeria.

9. Contractual 9.1 No fees, gratuities,

Ethics rebates, gifts, commissions or other payments, other than those
shown in the proposal or the contract, shall have been given or
received in connection with the selection process or in the contract
execution.

10. Joint Venture, 10.1 If the Consultant is a joint venture, consortium, or association, (this
Consortium or does not include sub consultancy) all of the parties shall sign the
Association Contract Agreement and be jointly and severally liable to the Client
(JVCA) for the fulfilment of the provisions of the Contract and shall
designate one party to act as a Member-in-Charge with authority to
bind the joint venture, consortium, or association. The composition
or the constitution of the joint venture, consortium, or association
shall not be altered without the prior consent of the Client.

11. Communicatio 11.1 Communications between Parties (notice, request or consent

ns and Notices required or permitted to be given or made by one party to the
other) pursuant to the Contract shall be in writing to the address
specified in the SCC.

11.2 A notice shall be effective when delivered or on the notice’s

effective date, whichever is later.

11.3 A Party may change its address for notice hereunder by giving the
other Party notice of such change to the address.

12. Assignment 12.1 Neither the Client nor the Consultant shall assign, in whole or in
part, their obligations under this Contract.

13. Relation 13.1 Nothing contained herein shall be construed as establishing a

between the relation of master and servant or of principal and agent as between
Parties the Client and the Consultant. The Consultant, subject to this
Contract, has complete charge of Personnel and Sub-Consultants, if
any, performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.

14. Site 14.1 The Services shall be performed at such locations as are specified in
Appendix 1, to the Contract and, where the location of a particular
task is not so specified, at such locations as the Client may approve.

15. Authority of 15.1 In case the Consultant consists of a JV of more than one entity, the
Member in Members hereby authorize the entity specified in the SCC to act on
Charge their behalf in exercising all the Consultant’s rights and obligations
towards the Client under this Contract, including without limitation
the receiving of instructions and payments from the Client.

16. Authorized 16.1 Any action required or permitted to be taken, and any document
Representativ required or permitted to be executed under this Contract by the
es Client or the Consultant may be taken or executed by the officials

FGN RfP Complex Lump-Sum 27

 specified in the SCC.

17. Taxes and 17.1 The Consultant, Sub-Consultants and Personnel shall pay such
Duties taxes, duties, fees and other impositions as may be levied under the
Governing Law, the amount of which is deemed to have been
included in the Contract Price.

B. Commencement, Completion and Modification of Contract

18. Effectiveness 18.1 The Contract shall come into force and effect on the date (the
of Contract “Effective Date”) of the Client’s notice to the Consultant instructing
the Consultant to begin carrying out the Services. This notice shall
confirm that the effectiveness conditions, if any, listed in the SCC
have been met.

19. Termination of 19.1 If the Contract has not become effective within such time period
Contract for after the date of the Contract signed by the Parties as specified in
Failure to the SCC, either Party may, by not less than twenty-one (21) days
Become written notice to the other Party, declare this Contract to be null
Effective and void, and in the event of such a declaration by either Party,
neither Party shall have any claim against the other Party with
respect hereto.

20. Commencemen 20.1 The Consultant shall begin carrying out the Services not later than
t of Services the number of days after the Effective Date as specified in the SCC.

21. Expiration of 21.1 Unless terminated earlier pursuant to GCC Clauses 63 to 66, this
Contract Contract shall expire at the end of such time period after the
Effective Date as specified in the SCC.

22. Modifications 22.1 Any modification or variation of the terms and conditions of the
or Variations Contract, including any modification or variation of the Scope of
the Services, may only be made by written agreement between the
Parties. Pursuant to GCC Sub-Clause 49.2, however, each Party
shall give due consideration to any proposals for modification or
variation made by the other Party.

C. Consultant’s Personnel and Sub-Consultants

23. General 23.1 The Consultant shall employ and provide such qualified and
experienced Personnel and Sub Consultants as are required to carry
out the Services.

24. Description of 24.1 The title, agreed job description, minimum qualification and
Personnel estimated period of engagement in the carrying out of the Services
of each of the Consultant’s Key Personnel are described in Appendix
3, to the contract if any of the Key Personnel has already been
approved by the Client, his/her name is listed as well.

25. Approval of 25.1 The Client hereby approves the Key Personnel and Sub Consultants
Personnel listed by title as well as by name in Appendix 3 to the contract. In
respect of other Personnel that the Consultant proposes to use in
the carrying out of the Services, the Consultant shall submit to the

FGN RfP Complex Lump-Sum 28

 Client for review and approval a copy of their Curricula Vitae (CVs).
If the Client does not object in writing (stating the reasons for the
objection) within twenty-one (21) days from the date of receipt of
such CVs, such Personnel shall be deemed approved by the Client.

26. Removal 26.1 Except as the Client may otherwise agree, no changes shall be made
and/or in the Personnel. If, for any reason beyond the reasonable control of
Replacement the Consultant, it becomes necessary to replace any of the
of Personnel Personnel, the Consultant shall forthwith provide as a replacement
a person of equivalent or better qualifications acceptable to the
Client.

26.2 If the Client

(a) finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a
criminal action; or
(b) has reasonable cause to be dissatisfied with the performance
of any of the Personnel,
then the Consultant shall, at the Client’s written request specifying
the grounds therefore, forthwith provide as a replacement a person
with equal or better qualifications and experience and acceptable to
the Client.

27. Project 27.1 If specified in the SCC, the Consultant shall ensure that at all times
Manager during the Consultant’s performance of the Services a Project
Manager, acceptable to the Client, shall take charge of the
operations of the personnel and performance of such Services.

D. Obligations of the Consultant

28. Standard of 28.1 The Consultant shall perform the Services and carry out its
Performance obligations hereunder with all due diligence, efficiency and
economy, in accordance with generally accepted professional
standards and practices, and shall observe sound management
practices, and employ appropriate technology and safe and effective
equipment, machinery, materials and methods. The Consultant shall
always act, in respect of any matter relating to this Contract or to
the Services, as faithful advisers to the Client, and shall at all times
support and safeguard the Client’s legitimate interests in any
dealings with Sub Consultants or Third Parties.

29. Law 29.1 The Consultant shall perform the Services in accordance with the
Governing Applicable Law and shall take all practicable steps to ensure that
Services any Sub Consultants, as well as the Personnel of the Consultant and
any Sub Consultants, comply with the Applicable Law.

30. Conflict of 30.1 The Consultant shall hold the Client’s interests paramount, without
Interests any consideration for future work, and strictly avoid conflict with
other assignments or their own corporate interests.

31. Consultant 31.1 The remuneration of the Consultant pursuant to GCC Clauses 49 to
Not to Benefit 51 shall constitute the Consultant’s sole remuneration in

FGN RfP Complex Lump-Sum 29

 from Com- connection with this Contract and, subject to GCC Clause 33 , the
missions, Consultant shall not accept for their own benefit any trade
Discounts commission, discount or similar payment in connection with
activities pursuant to this Contract or in the discharge of their
obligations hereunder, and the Consultant shall use their best
efforts to ensure that any Sub Consultants, as well as the Personnel
and agents of either of them, similarly shall not receive any such
additional remuneration.

31.2 Furthermore, if the Consultant, as part of the Services, has the

responsibility of advising the Client on the procurement of goods,
works or services, the Consultant shall at all times exercise such
responsibility in the best interest of the Client. Any discounts or
commissions obtained by the Consultant in the exercise of such
procurement responsibility shall be for the account of the Client.

32. Consultant 32.1 The Consultant agrees that, during the term of this Contract and after
and Affiliates its termination, the Consultant and any entity affiliated with the
not to Engage Consultant, as well as any Sub-Consultant and any entity affiliated
in Certain with such Sub-Consultant, shall be disqualified from providing
Activities goods, works or services (other than consulting services) for any
project resulting from or closely related to the Services.

33. Prohibition of 33.1 The Consultant shall not engage, and shall cause their Personnel as
Conflicting well as their Sub-Consultants and their Personnel not to engage,
Activities either directly or indirectly, in any business or professional
activities in Nigeria that would conflict with the activities assigned
to them under this Contract.

34. Confidentialit 34.1 Except with the prior written consent of the Client, the Consultant
y and the Personnel shall not at any time communicate to any person
or entity any confidential information acquired in the course of the
Services, nor shall the Consultant and the Personnel make public the
recommendations formulated in the course of, or as a result of, the
Services. For purposes of this section, “confidential information”
means any information or knowledge acquired by the Consultant
and/or their Personnel arising out of, or in connection with, the
performance of the Services under this Contract that is not
otherwise available to the public.

35. Liability of the 35.0 The Consultant shall be responsible for, and shall indemnify the
Consultant Client, in respect of loss of or damage to equipment and materials
furnished by the Client, or purchased by the Consultant in whole or
in part with funds provided by the Client.

35.1 The Consultant undertakes full responsibility in respect of life,

health, and accidents for the Personnel.

35.2 The Consultant shall indemnify the Client from and against any and
all claims, liabilities, obligations, losses, damages, penalties, actions,
judgment, suits, proceedings, demands, costs, expenses and
disbursements of whatsoever nature that may be imposed on,
incurred by or asserted against the Client during or in connection in

FGN RfP Complex Lump-Sum 30

 the Services by reason of:
a. infringement or alleged infringement by the Consultant of any
patent or other protected right; or
b. plagiarism or alleged plagiarism by the Consultant.

35.3 The Consultant shall ensure that all goods and services (including
without limitation all computer hardware, software and systems)
procured by the Consultant out of funds provided or reimbursed by
the Client or used by the Consultant in the carrying out of the
Services do not violate or infringe any industrial property or
intellectual property right or claim of any third party.

35.4 The Consultant shall indemnify, protect and defend at their own
expense the Client, and its agents and employees from and against
any and all actions, claims, losses or damages arising out of
Consultant’s failure to exercise the skill and care required under GCC
Clause 29 provided:
a. that the Consultant is notified of such actions, claims, losses or
damages not later than the number of months after conclusion
of the Services indicated in the SCC;
b. that the ceiling on the Consultant’s liability under GCC Clause 29
shall be limited to the amount indicated in the SCC, except that
such ceiling shall not apply to actions, claims, losses or damages
caused by Consultant’s gross negligence or reckless conduct;
and
c. that the Consultant’s liability under GCC Clause 29 shall be
limited to actions, claims, losses or damages directly caused by
such failure to exercise the said skill and care, and shall not
include liability for any actions, claims, losses or damages
arising out of occurrences incidental or indirectly consequential
to such failure.

35.5 In addition to any liability the Consultant may have under GCC
Clause 29, the Consultant shall, at their own cost and expense, upon
request of Client, re-perform the Services in the event of Consultant’s
failure to exercise the skill and care required under GCC Clause 29.

35.6 Notwithstanding the provisions of paragraph (a) of this GCC Clause

36, the Consultant shall have no liability whatsoever for actions,
claims, losses or damages occasioned by: (i) Client’s overriding a
decision or recommendation of the Consultant or requiring the
Consultant to implement a decision or recommendation with which
Consultant do not agree; or (ii) the improper execution of the
Consultant’s instructions by agents, employees or independent
contractors of the Client.

36. Insurance to 36.1 The Consultant

be taken out
(a) shall take out and maintain, and shall cause any Sub-
by the
Consultants to take out and maintain, at their (or the Sub-
Consultant
Consultants’, as the case may be) own cost, but on terms
and conditions approved by the Client, insurance against

FGN RfP Complex Lump-Sum 31

 the risks, and for the coverage specified in the SCC, and
(b) at the Client’s request, shall provide evidence to the
Client showing that such insurance has been taken out and
maintained and that the current premiums therefore have
been paid.

37. Accounting, 37.1 The Consultant shall

Inspection and
(a) keep accurate and systematic accounts and records in
Auditing
respect of the Services hereunder, in accordance with
internationally accepted accounting principles and in such
form and detail as will clearly identify all relevant costs and
the bases for these costs;
(b) periodically permit the Client or its designated
representative or the development partner’s representative
(when applicable), and up to two (2) years from the
expiration or termination of this Contract, to inspect the
same and make copies thereof as well as to have them
audited by auditors appointed by the Client, if so required
by the Client as the case may be.

37.2 The Consultant shall furnish the Client such information relating to
the Services as the Client may from time to time reasonably request.

38. Consultant’s 38.1 The Consultant shall obtain the Client’s prior approval in writing
Actions before taking any of the following actions:
Requiring
(a) Any change or addition to the Personnel listed in
Client’s Prior
Appendix 3 to the Contract;
Approval
(b) Any sub-contract work relating to the Services to an
extent and with such specialists and entities as may be
approved; and
(c) Any other action that may be specified in the SCC.

38.2 Notwithstanding any approval under Sub-Clause 39.1(b), the

Consultant shall remain fully liable for the performance of Services
by the Sub-Consultant and its personnel and retain full
responsibility for the Services. In the event that any Sub-Consultant
is found by the Client to be incompetent or incapable in discharging
assigned duties, the Client may request and the Consultant shall
provide a replacement, with qualifications and experience
acceptable to the Client, or to resume the performance of the
Services itself.

39. Reporting 39.1 The Consultant shall submit to the Client the reports and
Obligations documents specified in Appendix 2 to the Contract hereto, in the
form, in the numbers and within the time periods set forth in the
said Appendix 2. Final reports shall be delivered in CD ROM in
addition to the hard copies specified in the said Appendix.

40. Proprietary 40.1 All plans, maps, diagrams, drawings, specifications, designs,
Rights on statistics, reports, other documents, data and software compiled or
Documents prepared by the Consultant for the Client under this Contract shall

FGN RfP Complex Lump-Sum 32

 Prepared by become and remain the property of the Client, and the Consultant
the Consultant shall, not later than upon termination or expiration of this Contract,
deliver all such documents to the Client, together with a detailed
inventory thereof. The Consultant may retain a copy of such
documents and software, and use such software for their own use
with the prior written approval of the Client. If license agreements
are necessary or appropriate between the Consultant and third
parties for purposes of the development of any such computer
programs, the Consultant shall obtain the Client’s prior written
approval to such agreements, and the Client shall be entitled, at its
sole discretion, to require recovering the expenses related to the
development of the program(s) concerned. Other restrictions about
the future use of these documents and software, if any, shall be
specified in the SCC. Consideration: seek legal advice

41. Proprietary 41.1 Equipment, tools and materials made available to the Consultant by
Rights on the Client, or purchased by the Consultant wholly or partly with
Equipment funds provided by the Client, shall be the property of the Client and
and Materials shall be marked accordingly. Upon termination or expiration of this
Furnished by Contract, the Consultant shall make available to the Client an
the Client. inventory of such equipment and materials and shall dispose of
such equipment and materials in accordance with the Client’s
instructions. While in possession of such equipment and materials,
the Consultant, unless otherwise instructed by the Client in writing,
shall insure them at the expense of the Client in an amount equal to
their full replacement value.

E. Obligations of the Client

42. Assistance and 42.1 The Client shall use its best efforts to ensure that the Government
Exemptions shall:
(a) Provide the Consultant, Sub-Consultants and
Personnel with documents as shall be necessary to enable
the Consultant, Sub-Consultants or Personnel to perform
the Services;
(b) issue to officials, agents and representatives of the
Government all such instructions as may be necessary or
appropriate for the prompt and effective implementation of
the Services;
(c) assist the Consultant in obtaining necessary licenses
and permits needed to carry out the services; and
(d) provide to the Consultant, Sub-Consultants and
Personnel any such other assistance as may be specified in
the SCC.

43. Access to Land 43.1 The Client warrants that the Consultant shall have, free of charge,
unimpeded access to all land in respect of which access is required
for the performance of the Services. The Consultant shall, however,
be responsible for any damage to such land or any property thereon
resulting from such access, and will indemnify the Consultant and
each of the Personnel in respect of liability for any such damage,

FGN RfP Complex Lump-Sum 33

 unless such damage is caused by the default or negligence of the
Consultant or any Sub Consultant or the Personnel of either of
them.

44. Change in the 44.1 If, after the date of signing of the Contract, and during the
Applicable performance of the Contract, there is any change in the Applicable
Law Related Law with respect to taxes and duties which increases or decreases
to Taxes and the cost incurred by the Consultant in performing the Services, then
Duties the amounts otherwise payable to the Consultant under this
Contract shall be increased or decreased accordingly by agreement
between the Parties hereto, and corresponding adjustments shall be
made to the ceiling amount specified in GCC Sub Clause 49.2.

45. Services, 45.1 The Client shall make available to the Consultant and the Personnel,
Facilities and for the purposes of the Services and free of any charge, the services,
Property of facilities and property described in Appendix 5A to the contract at
the Client the times and in the manner specified in said Appendix 5A.

45.2 In case that such services, facilities and property shall not be made
available to the Consultant as and when specified in Appendix 5A to
the contract, the Parties shall agree on (i) any time extension that it
may be appropriate to grant to the Consultant for the performance
of the Services, (ii) the manner in which the Consultant shall
procure any such services, facilities and property from other
sources, and (iii) the additional payments, if any, to be made to the
Consultant as a result thereof pursuant to GCC Sub Clause 49.3.

46. Payment 46.1 In consideration of the Services performed by the Consultant under
this Contract, the Client shall make to the Consultant such payments
and in such manner as is provided by GCC Clauses 49 to 55.

47. Counterpart 47.1 The Client shall make available to the Consultant free of charge such
Personnel professional and support counterpart personnel, to be nominated
by the Client with the Consultant’s advice, if specified in Appendix
5B to the contract.

47.2 If counterpart personnel are not provided by the Client to the

Consultant as and when specified in Appendix 5B, the Client and the
Consultant shall agree on
(a) how the affected part of the Services shall be carried
out, and
(b) the additional payments, if any, to be made by the
Client to the Consultant as a result thereof pursuant to GCC
Sub-Clause 49.3.

47.3 Professional and support counterpart personnel, excluding Client’s

liaison personnel, shall work under the exclusive direction of the
Consultant. If any member of the counterpart personnel fails to
perform adequately any work assigned to such member by the
Consultant that is consistent with the position occupied by such
member, the Consultant may request the replacement of such
member, and the Client shall not unreasonably refuse to act upon

FGN RfP Complex Lump-Sum 34

 such request.

F. Payments to the Consultants

48. Cost of 48.1 The cost of the Services is set forth in Appendix 6 to the contract.
Services:
48.2 Except as may be otherwise agreed under GCC Clause 22, payments
under this Contract shall not exceed the amount specified in the
SCC.

49. Payments: 49.1 All payments under this Contract shall be made to the account of
General the Consultant specified in the SCC.

49.2 With the exception of the final payment under GCC Clause 55, pay-
ments do not constitute acceptance of the Services nor relieve the
Consultant of any obligations hereunder.

50. Lump-Sum 50.1 Subject to the ceiling specified in GCC Sub-Clause 49.2, the Client
Remuneration shall pay to the Consultant total remuneration which shall be a fixed
lump-sum including all staff costs, sub-consultants costs,
reimbursables, and all other costs incurred by the Consultant in
carrying out the Services described in Appendix 1. The contract
price may only be increased above the amounts stated in GCC Sub-
Clause 49.2, if the Parties have agreed to additional payments in
accordance with GCC Sub-Clause 22.1.

51. Modes of 51.1 Payments in respect of the Services shall be made as specified in
Payment GCC Clauses from 53 to 55.

52. Advance 52.1 If so specified in the SCC, an Advance Payment shall be made to the
Payment Consultant, of the amount and within the number of days after the
Effective Date as specified in the SCC. If the advance payment
exceeds ten percent (10%) of the contract price, then the advance
payment shall be made against the provision of a Bank Guarantee
by the Consultant which shall:
(a) remain effective until the Advance Payment has been
fully offset; and
(b) be in the format as shown in Appendix 7.

52.2 The Advance Payment will be offset by the Client in a way specified
in the SCC.
53. Interim
53.1 Payment will be made according to the payment schedule stated in
Payments
the SCC subject to the provision of advance payment stated in GCC
Clause 53. Any other payment shall be made after the conditions
listed in the SCC for such payment have been met, and the Consult-
ant has submitted an invoice to the Client specifying the amount
due.

53.2 The Client shall pay the Consultant within forty five (45)
days after the receipt by the Client of the invoices with supporting
documents. Only such portion of a statement that is not

FGN RfP Complex Lump-Sum 35

 satisfactorily supported may be withheld from payment.

53.3 Should any discrepancy be found to exist between actual

payment and costs authorized to be incurred by the Consultant, the
Client may add or subtract the difference from any subsequent
payments. Interest at the annual rate specified in the SCC shall
become payable as from the above due date on any amount due by,
but not paid on, such due date.

54. Final Payment 54.1 The final payment under this Clause shall be made only after the
final report and a final statement, identified as such, shall have been
submitted by the Consultant and approved as satisfactory by the
Client. The Services shall be deemed completed and finally
accepted by the Client and the final report and final statement shall
be deemed approved by the Client as satisfactory sixty (60) days
after receipt of the final report and final statement by the Client
unless the Client, within such sixty (60) day period, gives written
notice to the Consultant specifying in detail deficiencies in the
Services, the final report or final statement. The Consultant shall
thereupon promptly make any necessary corrections, and
thereafter the foregoing process shall be repeated until such time as
the final report and the final statement have been approved by the
Client.

55. Suspension of 55.1 The Client may, by written notice of suspension to the Consultant,
Payments suspend all or part of the payments to the Consultant hereunder if
the Consultant fails to perform any of its obligations under this
Contract, including the carrying out of the Services, provided that
such notice of suspension:
(a) shall specify the nature of the failure, and
(b) shall request the Consultant to remedy such failure
within a period not exceeding thirty (30) days after receipt
by the Consultant of such notice of suspension.

G. Time Control
56. The Services 56.1 The Consultant shall carry out the Services in accordance with the
to be Programme submitted by the Consultant, as updated with the
Completed by approval of the Client and complete them by the Intended
the Intended Completion Date.
Completion
Date

57. Early Warning 57.1 If at any time during performance of the Contract, the Consultant or
its Sub-Consultants should encounter events, circumstances
conditions that may adversely affect the quality of the work,
increase the cost of Services or delay the execution of the Services,
the Consultant shall promptly notify the Client in writing of the
delay, its likely duration, and its cause. As soon as practicable after
receipt of the Consultant’s notice, the Client shall evaluate the
situation, and the Consultant shall cooperate with the Client in
making and considering proposals for how the effect of such an

FGN RfP Complex Lump-Sum 36

 event or circumstance can be avoided or reduced.

58. Extension of 58.1 In the event the Consultant is unable to complete the assignment by
the Intended the Intended Completion Date it may request the Client to extend
Completion the Intended Completion Date giving reasons thereof. The Client
Date shall extend the Intended Completion Date if the reasons given by
the Consultant are found acceptable. The Client shall, however,
decide by how much to extend the Intended Completion Date.

59. Progress 59.1 The Client and the Consultant shall arrange progress meetings at
Meetings regular intervals to review the progress of works. The meeting may
review the plans for dealing with matters raised in accordance with
the early warning procedure.

59.2 The Client shall record the business of progress meetings and
provide copies of the record to those attending the meeting and to
the Consultant for action.

H. Good Faith and Fairness in Operation

60. Good Faith 60.1 The Parties undertake to act in good faith with respect to each
other’s rights under this Contract and to adopt all reasonable
measures to ensure the realization of the objectives of this Contract.

61. Fairness in 61.1 The Parties recognize that it is impractical in the Contract to provide
Operation for every contingency which may arise during the life of the Contract,
and the Parties hereby agree that it is their intention that this Contract
shall operate fairly as between them, and without detriment to the
interest of either of them, and that, if during the term of this Contract
either Party believes that this Contract is operating unfairly, the
Parties will use their best efforts to agree on such action as may be
necessary to remove the cause or causes of such unfairness, but no
failure to agree on any action pursuant to this Clause shall give rise to
a dispute subject to arbitration in accordance with GCC Clause 74.

I. Termination and Settlement of Disputes

62. Termination 62.1 The Client or the Consultant, without prejudice to any other remedy
for Default for breach of Contract, by notice of default sent to the other party,
may terminate the Contract in whole or in part if the other party
causes a fundamental breach of contract. In such an occurrence one
party shall give not less than thirty (30) days’ written notice of
termination to the other party.

62.2 Fundamental breaches of the contract shall include but shall not be
limited to, the following:
(a) If the Consultant fails to remedy a failure in the
performance of their obligations hereunder, as specified in a
notice of suspension pursuant to GCC Clause 56, within thirty
(30) days of receipt of such notice of suspension or within such
further period as the Client may have subsequently approved in
writing;

FGN RfP Complex Lump-Sum 37

 (b) If the Consultant submits to the Client a statement
which has a material effect on the rights, obligations or
interests of the Client and which the Consultant knows to be
false;
(c) If the Consultant, in the judgment of the Client, has
engaged in corrupt or fraudulent practices in competing for or
in executing this Contract;
(d) If the Consultant or the Client fails to comply with any
final decision reached as a result of arbitration proceedings
pursuant to GCC Sub-Clause 74.2;
(e) If the Client fails to pay any money due to the
Consultant pursuant to this Contract and not subject to dispute
pursuant to GCC Sub-Clause 74.2 within forty-five (45) days
after receiving written notice from the Consultant that such
payment is overdue; or
(f) If the Client is in material breach of its obligations
pursuant to this Contract and has not remedied the same within
forty-five (45) days (or such longer period as the Consultant
may have subsequently approved in writing) following the
receipt by the Client of the Consultant’s notice specifying such
breach.

63. Termination 63.1 The Client and the Consultant may at any time terminate the
for Insolvency Contract by giving notice to the other party if:
(a) the Client becomes bankrupt or otherwise insolvent;
(b) the Consultant becomes (or, if the Consultant consist
of more than one entity, if any of its Members becomes)
insolvent or bankrupt or enter into any agreements with their
creditors for relief of debt or take advantage of any law for the
benefit of debtors or go into liquidation or receivership
whether compulsory or voluntary; or
(c) in such event, termination will be without
compensation to any party, provided that such termination will
not prejudice or affect any right of action or remedy that has
accrued or will accrue thereafter to the other party.

64. Termination 64.1 The Client, by notice sent to the Consultant, may in its sole
for discretion and for any reason whatsoever, terminate the Contract,
Convenience in whole or in part, at any time for its convenience. The notice of
termination shall specify that termination is for the Client’s
convenience, the extent to which performance of the Consultant
under the Contract is terminated, and the date upon which such
termination becomes effective.

65. Termination 65.1 The Client and the Consultant may at any time terminate the
because of Contract by giving notice to the other party if, as the result of Force
Force Majeure Majeure, the Consultant is unable to perform a material portion of
the Services for a period of not less than sixty (60) days.

66. Force Majeure 66.1 For the purposes of this Contract, “Force Majeure” means an event

FGN RfP Complex Lump-Sum 38

 which is beyond the reasonable control of a Party, is not
foreseeable, is unavoidable, and its origin is not due to negligence
or lack of care on the part of a Party, and which makes a Party’s
performance of its obligations hereunder impossible or so
impractical as reasonably to be considered impossible in the
circumstances, and includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood, epidemics, or
other adverse weather conditions, strikes, lockouts or other
industrial action (except where such strikes, lockouts or other
industrial action are within the power of the Party invoking Force
Majeure to prevent), confiscation or any other action by
Government agencies.

66.2 Force Majeure shall not include any:

(a) event which is caused by the negligence or intentional ac-
tion of a Party or such Party’s Sub-Consultants or agents or
employees, or
(b) event which a diligent Party could reasonably have been
expected both to take into account at the time of the
conclusion of this Contract, and avoid or overcome in the
carrying out of its obligations hereunder.

66.3 Force Majeure shall not include insufficiency of funds or failure to

make any payment required hereunder.

67. No Breach of 67.1 The failure of a Party to fulfil any of its obligations hereunder shall
Contract not be considered to be a breach of, or default under, this Contract
insofar as such inability arises from an event of Force Majeure,
provided that the Party affected by such an event has taken all
reasonable precautions, due care and reasonable alternative
measures, all with the objective of carrying out the terms and
conditions of this Contract.

68. Measures to 68.1 A Party affected by an event of Force Majeure shall continue to
be Taken on perform its obligations under the Contract as far as is reasonably
Force Majeure practical, and shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.

68.2 A Party affected by an event of Force Majeure shall notify the other
Party of such event as soon as possible, and in any case not later than
fourteen (14) days following the occurrence of such event, providing
evidence of the nature and cause of such event, and shall similarly
give written notice of the restoration of normal conditions as soon as
possible.

68.3 Any period within which a Party shall, pursuant to this Contract,
complete any action or task, shall be extended for a period equal to
the time during which such Party was unable to perform such action
as a result of Force Majeure.

68.4 During the period of their inability to perform the Services as a

result of an event of Force Majeure, the Consultant, upon

FGN RfP Complex Lump-Sum 39

 instructions by the Client, shall either:
(a) demobilize, in which case the Consultant shall be
reimbursed for additional costs they reasonably and
necessarily incurred, and, if required by the Client, in
reactivating the Services; or
(b) continue with the Services to the extent possible, in which
case the Consultant shall continue to be paid under the
terms of this Contract and be reimbursed for additional
costs reasonably and necessarily incurred.

69. Cessation of 69.1 Upon termination of the Contract pursuant to GCC Clauses 19, 63,
Rights and 64, 65 or 66, or upon expiration of this Contract pursuant to GCC
Obligations Clause 21, all rights and obligations of the Parties hereunder shall
cease, except
(a) such rights and obligations as may have accrued on the date
of termination or expiration;
(b) the obligation of confidentiality set forth in GCC Clause 35;
(c) the Consultant’s obligation to permit inspection, copying
and auditing of their accounts and records set forth in GCC
Clause 38; and
(d) any right which a Party may have under the Applicable Law.

70. Cessation of  Upon termination of the Contract by notice of either Party to the
Services other pursuant to GCC Clauses 63, 64, 65 or 66, the Consultant shall,
immediately upon dispatch or receipt of such notice, take all
necessary steps to bring the Services to a close in a prompt and
orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum. With respect to
documents prepared by the Consultant and equipment and
materials furnished by the Client, the Consultant shall proceed as
provided, respectively, by GCC Clauses 41 or 42.

71. Payment upon 71.1 Upon termination of the Contract pursuant to GCC Clauses 63, 64,
Termination 65 or 66, the Client shall make the following payments to the
Consultant:
(a) remuneration pursuant to GCC Sub-Clause 51.2 for Services
satisfactorily performed prior to the effective date of
termination, and other expenditures pursuant to GCC Sub-
Clause 51.3 for expenditures actually incurred prior to the
effective date of termination; and other expenditures
(b) except in the case of termination on the Consultant’s default,
reimbursement of any reasonable cost incidental to the
prompt and orderly termination of this Contract.

72. Disputes 72.1 If either Party disputes whether an event specified in GCC clause 63,
about Events 64 or 66 has occurred, such Party may, within forty-five (45) days
of after receipt of notice of termination from the other Party, refer the
Termination matter to arbitration pursuant to GCC Clause 74, and this Contract
shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.

FGN RfP Complex Lump-Sum 40

 72.2 In the case of disagreement between the Parties as to the existence
or extent of Force Majeure, the matter shall be settled according to
GCC Clause 74.

73. Settlement of 73.1 Amicable Settlement

Disputes
(a) The Client and the Consultant shall use their best
efforts to settle amicably all disputes arising out of or in
connection with this Contract or its interpretation.

73.2 Arbitration
(a) Any dispute between the Parties as to matters arising pursuant
to this Contract which cannot be settled amicably within
twenty-eight (28) days after receipt by one Party of the other
Party’s request for such amicable settlement may be submitted
by either Party for arbitration in accordance with the
[Arbitration Act] of Nigeria as at present in force and in the
place shown in the SCC.

FGN RfP Complex Lump-Sum 41

 Section 4.Special Conditions of Contract
GCC Clause Amendments of, and Supplements to, Clauses in the General
Conditions of Contract

1.1 (a) The Client is [Ministry of Finance Incorporated]

1.1 (d) The Consultant is [Name, address and name of authorized

representatives]

1.1 (k)
The Intended Completion Date is [enter date]

4.6 The assignment is to be completed in the following phases:

[state “None”, if not applicable]

[6.1] [Non eligible countries are:]

[6.2] [Materials, equipment and supplies used by the Consultant are not
permitted if they have originated in [state countries]]

11.1 The addresses for Communications and Notices are:

Client :Ministry of Finance Incorporated

Attention : Procurement Manager

Facsimile :

E-mail :

Consultant :

Attention :

Facsimile :

E-mail :

15.1 The Member in Charge is [insert name of member].

Note: If the Consultant consists of a joint venture of more than one
entity, the name of the entity whose address is specified in Clause SCC 11
should be inserted here. If the Consultant consists only of one entity, this
Clause SCC 15.1 should be deleted from the SCC.

16.1 The Authorized Representatives are:

For the Client :

FGN RfP Complex Lump-Sum 42

 For the Consultant :

18.1 The effectiveness conditions are the following: [insert conditions]

Note: List here any conditions of effectiveness of the Contract, e.g.,
receipt by Consultant of advance payment and by Client of advance
payment guarantee (see Clause GCC 53. If there are no effectiveness
conditions, then state so above.

19.1 The time period shall be [insert time period, e.g.: four months].

20.1 The time period shall be [insert time period, e.g.: four months].

21.1 The time period shall be [insert time period, e.g.: twelve months].

28.1 The person designated as Project Manager in Appendix C to the

contract shall serve in that capacity
Note: If there is no such manager, then state so above.

36.5 (a) The number of months shall be [insert number, e.g.: twelve]

36.5 (b) The ceiling on Consultant’s liability shall be limited to [insert amount]

37.1(a) The risks and the coverage shall be as follows:

(a) Third Party motor vehicle liability insurance in respect of motor
vehicles operated in Nigeria by the Consultant or their Personnel
or any Sub-Consultants or their Personnel, with a minimum
coverage of [insert amount];
(b) Third Party liability insurance, with a minimum coverage of
[insert amount];
(c) Professional Liability insurance, with a minimum coverage of
[insert amount];
(d) Employer’s Liability and Workers’ Compensation insurance in
respect of the Personnel of the Consultant and of any Sub-
Consultant, in accordance with the relevant provisions of the
Applicable Law, as well as, with respect to such Personnel, any
such life, health, accident, travel, or other insurance as may be
appropriate; and
(e) insurance against loss of or damage to (i) equipment purchased
in whole or in part with funds provided under this Contract, (ii)
the Consultant’s property used in the performance of the
Services, and (iii) any documents prepared by the Consultant in
the performance of the Services.
[delete what is not applicable]..

39.1(c) The other actions are: [insert actions].

Note: If there are no other actions, then state so above. If the Services

FGN RfP Complex Lump-Sum 43

 consist of or include the supervision of civil works, the following action
should be inserted:
“taking any action under a civil works contract designating the
Consultant as “Engineer”, for which action, pursuant to such civil
works contract, the written approval of the Client as “Employer” is
required”.

41.1 Note: If there is to be no restriction on the future use of these

documents by either Party, then state so above. If the Parties wish to
restrict such use, any of the following options, or any other option
agreed to by the Parties, could be used:

“The Consultant shall not use these documents and software for
purposes unrelated to this Contract without the prior written
approval of the Client”.

“The Client shall not use these documents and software for purposes
unrelated to this Contract without the prior written approval of the
Consultant.”

“Neither Party shall use these documents and software for purposes
unrelated to this Contract without the prior written approval of the
other Party.”

43.1(d) Note: List here any other assistance to be provided by the Client. If
there is no such other assistance, then state so above.

49.2 The Lump-sum amount is : [insert amount]

50.1 The account is: [insert account].

53.1 The following provisions shall apply to the advance payment and the
advance payment guarantee:
(1) An advance payment of [insert amount –
usually 10%] shall be made within [insert number] days after
the Effective Date)
(2) Usually, for advance payment up to value of 10%, no bank
guarantee is required. For advance payment above 10%, a bank
guarantee shall be required, equivalent to the amount of the advance
payment. [The procuring entity should amend this clause as required for
the particular procurement.]

54.1 Payment shall be made according to the following schedule:

(Note: This is a sample payment provision and should be specifically
drafted for each contract depending on the type of deliverables)
 Fifteen (15) percent of the Lump Sum Amount shall be paid upon
submission of the inception report
 Fifty (50) percent of the lump-sum amount shall be paid upon

FGN RfP Complex Lump-Sum 44

 Design and Deployment of Inventory Management System.
 Twenty (20) percent of the lump-sum amount shall be paid upon
onboarding/ capturing of inventory data to the system
 Fifteen (15) percent of the lump-sum amount shall be paid upon
carrying out capacity building/Training and onboarding of Users.
The bank guarantee for the advance payment shall be released when
the total payments reach sixty (60) percent of the lump-sum amount.

54.3 The interest rate is [insert rate].

[the interest rate shall normally be 1% above the lending rate of
commercial banks in Nigeria] ][in the case of international short lists,
the interest rate shall normally be 1% above LIBOR].

74.2(a) The place of Arbitration is:

FGN RfP Complex Lump-Sum 45

 Section 5.Proposal & Contract Forms

5A. Technical Proposal - Standard Forms

[Comments in brackets [ ] provide guidance to the short-listed Consultants for the preparation of
their Technical Proposals; they should not appear on the Technical Proposals to be submitted.]

5A1 Technical Proposal Submission Form

5A2 Consultant’s Organization and Experience

a. Consultant’s Organization
b. Consultant’s Experience

5A3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff and
Facilities to be provided by the Client
a. On the Terms of Reference
b. On the Counterpart Staff and Facilities

5A4 Descriptions of the Approach, Methodology, and Work Plan for Performing the
Assignment

5A5 Work Schedule

5A6 Team Composition and Task Assignments

5A7 Staffing Schedule

5A8 Curriculum Vitae (CV) for Proposed Professional Staff

FGN RfP Complex Lump-Sum 46

 Form 5A1 Technical Proposal Submission Form

[Location, Date]

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our Proposal.
We are hereby submitting our Proposal, which includes the Technical Proposal, and the
Financial Proposal sealed under two separate envelopes.

We are submitting our Proposal in association with: [Insert a list with full name and
address of each associated Consultant, also specify, whether they are in joint venture or sub
consultancy].

If negotiations are held during the period of validity of the Proposal, i.e., before the date
indicated in Clause Reference 25 of the Special Instructions to Consultants, we undertake to
negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the
modifications resulting from Contract negotiations.

We undertake, if our Proposal is accepted, to initiate the consulting services

related to the assignment not later than the date indicated in Clause Reference 48 of the Special
Instructions to Consultants.

We also confirm that the Federal Government of Nigeria has not declared us, or any sub
consultants for any part of the Contract, ineligible on charges of engaging in corrupt, fraudulent,
collusive or coercive practices. We furthermore, pledge not to indulge in such practices in
competing for or in executing the Contract, and we are aware of the relevant provisions of the
Proposal Document (ITC Clause 3).

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,
Authorised Signature
[in full and initials]
Name and title of Sig-
natory
Name of Firm
Address

FGN RfP Complex Lump-Sum 47

 Form 5A2 Consultant’s Organization and Experience

Consultant’s Organisation
[Provide here a brief description (maximum two pages) of the background and organization of the
Consultant]

Consultant’s Experience

Major Work Undertaken during the last Ten Years that best
Illustrates Qualifications

[using the format below, provide information on each assignment for which your firm was legally
contracted for carrying out consulting services similar to the ones requested under this
assignment. ]

Assignment name: Country:

Assignment Location Duration of assignment (months):

within country:

Name of Client: Professional Staff provided by your Organisation:

No of Staff:

Start Date Completion Date No of Person-Months

(Month/Year) (Month/Year)

Name of associated Consultants, if any: No of Person-Months of Professional Staff provided

by associated Consultants:

Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:

Detailed Narrative Description of Project:

Detailed Description of Actual Services Provided by your Staff:

Firm’s Name:
Authorised Signa-
ture:

FGN RfP Complex Lump-Sum 48

Form 5A3 Comments and Suggestions on the Terms of Reference and on Counterpart
Staff and Facilities to be provided by the Client

On the Terms of Reference

[Present and justify here any modifications or improvement to the Terms of Reference you are
proposing to improve performance in carrying out the assignment (such as deleting some activity
you consider unnecessary, or adding another, or proposing a different phasing of the activities or
proposing an alternative method of undertaking the work). Such suggestions should be concise
and to the point, and incorporated in your Proposal.]

On Counterpart Staff and Facilities

[Comment here on counterpart staff and facilities to be provided by the Client according to Clause
Reference 21.1 of the Special Instructions to Consultants including: administrative support, office
space, local transportation, equipment, data, etc.]

FGN RfP Complex Lump-Sum 49

 Form 5A4 Description of Approach, Methodology and Work Plan for Performing the
Assignment

[Technical approach, methodology and work plan are key components of the technical proposal. It
is suggested that you present your technical proposal divided into the following three chapters:

- Technical Approach and Methodology,

- Work Plan, and
- Organization and Staffing.

a) Technical Approach and Methodology. Here you should explain your understanding
of the objectives of the assignment, approach to the services, methodology for carrying
out the activities and obtaining the expected output, and the degree of detail of such
output. You should highlight the problems being addressed and their importance and
explain the technical approach you would adopt to address them. You should also
explain the methodologies you propose to adopt and highlight the compatibility of those
methodologies with the proposed approach, (e.g., the methods of interpreting the
available data; carrying out investigations, analyses, and studies; comparing alternative
solutions). This chapter should incorporate any modifications to the TOR proposed by
you. In case the TOR requires the Consultant to provide a quality plan and carry out the
assignment according to its provisions, an outline of the quality plan (e.g., its list of
contents) should be included in this chapter of the technical proposal.

b) Work Plan. Here you should propose the main activities of the assignment, their
content and duration, phasing and interrelations, milestones (including interim
approvals by the Client), and delivery dates of the reports. The proposed work plan
should be consistent with the technical approach and methodology, showing
understanding of the TOR and ability to translate them into a feasible working plan. A
list of the final documents, including reports, drawings, and tables to be delivered as
final output, should be included here. The work plan should be consistent with the Work
schedule of Form 5A5.

c) Organization and Staffing. In this chapter you should propose the structure and
composition of your team. You should list the main disciplines of the assignment, the key
expert responsible, and proposed technical and support staff. The roles and
responsibilities of professional staff should be set out in job descriptions. In case of
association, this chapter will indicate how the duties and responsibilities will be shared.
The organization and staffing will be reflected in the Team Composition and Task
Assignments of Form 5A6, and the Staffing schedule of Form 5A7. An organization chart
illustrating the structure of the team and its interfaces with the Client and other
institutions involved in the project also should be provided.

FGN RfP Complex Lump-Sum 50

 Form 5A5 Work Schedule

Months2
1
N° Activity
1 2 4 4 5 6 7 8 9 10 11 12 n
1
2
4
4
5

1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such as Client

approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase.

2 Duration of activities shall be indicated in the form of a bar chart. Months are counted from the start of the assignment.

FGN RfP Complex Lump-Sum 51

 Form 5A6 Team Composition and Task Assignments

i) Professional Staff
Name of Staff Firm/Organisation Area of Expertise Position Assigned Task Assigned

FGN RfP Complex Lump-Sum 52

 Form 5A7 Staffing Schedule 1

Staff-month input by month1 Total staff-month input

N° Name of Staff
1 2 4 4 5 6 7 8 9 10 11 12 n Home Field2 Total

n
Total

1 For Professional Staff the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen, clerical staff, etc.).
2 Months are counted from the start of the assignment. For each staff indicate separately staff-month input for home and field work.

FGN RfP Complex Lump-Sum 53

 Form 5A8 Curriculum Vitae (CV) for Each Proposed Professional Staff

1 PROPOSED POSITION FOR [From the Terms of Reference, state the position which the
Consultant will be engaged. Only one candidate shall be
THIS PROJECT nominated for each position].

2 NAME OF PERSON [state full name]

3 DATE OF BIRTH

4 NATIONALITY

5 MEMBERSHIP IN PROFESSIONAL [state rank and name of society and year of attaining that
rank].
SOCIETIES

6 EDUCATION: [list all the colleges/universities which the consultant

attended, stating degrees obtained, and dates, and list any
other specialised education of the consultant].

7 OTHER TRAINING [indicate significant training since degrees under

EDUCATION were obtained, which is pertinent to the
proposed tasks of the consultant].

8 LANGUAGES & DEGREE OF Language Speaking Reading Writing

PROFICIENCY
e.g. English Fluent Excellent Excellent

9 COUNTRIES OF WORK EXPERIENCE

10 EMPLOYMENT RECORD [The Consultant should clearly distinguish whether as an

“employee” of the firm or as a “Consultant” or “Advisor” of
[starting with position list in reverse the firm].
order every employment held and
state the start and end dates of each [The Consultant should clearly indicate the Position held and
employment] give a brief description of the duties in which the Consultant
was involved].

EMPLOYER 1 FROM: TO:

[e.g. January 1999] [e.g. December 2001

EMPLOYER 2 FROM: TO:

EMPLOYER 3 FROM: TO:

EMPLOYER 4 (etc) FROM: TO:

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 54

11 WORK UNDERTAKEN THAT BEST [give an outline of experience and training most pertinent to
ILLUSTRATES YOUR CAPABILITY TO tasks on this assignment, with degree of responsibility held.
HANDLE THIS ASSIGNMENT Use about half of a page A4].

CERTIFICATION [Do not amend this Certification].

I, the undersigned, certify that (i) I was not a former employee of the Client immediately before the
submission of this proposal, and (iii) to the best of my knowledge and belief, this biodata correctly
describes myself, my qualifications, and my experience. I understand that any wilful mis-statement
described herein may lead to my disqualification or dismissal, if engaged.

I have been employed by [name of the Consultant] continuously for the last twelve (12) months as regular
full time staff. Indicate “Yes” or “No” in the boxes below:

YES NO

Signature

Date of Signing

Day / Month / Year

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 55

 5B. Financial Proposal - Standard Forms

[Comments in brackets [ ] provide guidance to the short listed Consultants for the preparation of
their Financial Proposals; they should not appear on the Financial Proposals to be submitted.]

[Forms 5B1 to 5B5 are to be used for the preparation of the Financial Proposal according to the
instructions provided under Clause 19 of the Instructions to Consultants. Such Forms are to be
used whichever is the selection method indicated in Clause 1.1 of the Special Instructions to
Consultants]

5B1 Financial Proposal Submission Form

5B2 Summary of Costs

5B3 Breakdown of Staff Remuneration

5B4 Breakdown of other expenses

5B5 Breakdown of Taxes

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 56

 Form 5B1 Financial Proposal Submission Form

[Location, Date]

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical
Proposal. Our attached Financial Proposal is for the sum of [Insert amount in words and figures].
This amount is exclusive of Nigerian taxes, which we have estimated at [insert amount in words
and figures].

Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the
date indicated in Clause Reference 25 of the Special Instructions to Consultants.

Commissions and gratuities, if any, paid or to be paid by us to agents relating to this Proposal
and Contract execution, if we are awarded the Contract, are listed as follows:

Name and Address of Agents Amount Purpose of commission or

gratuity

We also declare that the Government of Nigeria has not declared us, or any sub-
Consultants for any part of the Contract, ineligible on charges of engaging in corrupt, fraudulent,
collusive, or coercive practices. We furthermore, pledge not to indulge in such practices in
competing for or in executing the Contract, and are aware of the relevant provisions of the
Proposal Document (ITC Clause 3).

We understand you are not bound to accept any Proposal you receive.

Signed
In the capacity of:
Duly authorised to sign the proposal on behalf of the Applicant.
Date:

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 57

 Form 5B2 Summary of Costs

Cost Component Costs

Staff Remuneration (1)

Reimbursable Expenses (1)

Sub-Total

Local Taxes (1)

1# Staff Remuneration, Reimbursable Expenses and Taxes must coincide with relevant Total
Costs indicated in Forms 5B3, 5B4 and 5B5.

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 58

 Form 5B3 Breakdown of Staff Remuneration

Input3
Staff-month [Indicate Sub Cost for each staff] 4
Name1 Position2 (Staff-
Rate3
months)
Staff
Head Office
Field

Total Costs

1 Professional Staff should be indicated individually; Support Staff should be indicated per category (e.g.: draftsmen, clerical staff).
2 Positions must coincide with the ones indicated in Form 5A7.
3 Indicate the total expected input of staff and staff-month rate required for carrying out the activity indicated in the Form.
4 For each staff indicate the remuneration. Remuneration = Staff-month Rate x Input.

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 59

 Form 5B4 Breakdown of Other Expenses
Unit [Indicate sub cost for each item]3
N° Description1 Unit Quantity
Cost2
Per diem allowances Day
Travel expenses Trip
Communication costs
between [Insert place]
and [Insert place]
Drafting, reproduction of
reports
Equipment, instruments,
etc.
materials, supplies, etc.
Use of computers,
software
Laboratory tests.
Subcontracts
Other transportation
costs
Office rent, clerical
assistance
Others (specify)

Total Costs

1 Delete items that are not applicable or add other items according to Clause 19.1 of the Special Instructions to Consultants.
2 Indicate unit cost.
3 Indicate the cost of each reimbursable item. Cost = Unit Cost x Quantity.

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 60

 Form 5B5 Breakdown of Taxes

Sl. Unit Cost [Indicate cost for each item] 3

Description1 Unit Quantity
No. 2

1. Describe any relevant tax or taxes

2. Indicate Unit Cost
3. Indicate Cost of each item: Unit Cost x Quantity

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 61

 5C. Contract Agreement

This CONTRACT (hereinafter called the “Contract”) is made the [insert day] day of the month of
[insert month], [insert year], between, on the one hand, [insert name of client] (hereinafter called
the “Client”) and, on the other hand, [insert name of Consultant] (hereinafter called the
“Consultant”).

[Note: If the Consultant consists of more than one entity, the above should be partially amended to
read as follows: “… (hereinafter called the “Client”) and, on the other hand, a joint venture
consisting of the following entities, each of which will be jointly and severally liable to the Client for
all the Consultant’s obligations under this Contract, namely, [insert name of Consultant] and
[insert name(s) of other Consultant(s)] (hereinafter called the “Consultant”).]

WHEREAS

(a) the Client has requested the Consultant to provide certain consulting services as defined
in this Contract (hereinafter called the “Services”);

(b) the Consultant, having represented to the Client that they have the required professional
skills, and personnel and technical resources, have agreed to provide the Services on the
terms and conditions set forth in this Contract; and
(c) the Client has received a credit/ loan/ grant from [insert name of development partner]
towards the cost of the services under this Contract, it being understood (i) that
payments by the development partner will be made only at the request of the Client and
upon approval by the development partner, (ii) that such payments will be subject, in all
respects, to the terms and conditions of the agreement between the development
partner and the Client. [delete this Clause if not applicable].

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents forming the integral part of this Contract shall be interpreted
in the order of priority shown:
(a) The Form of Contract;
(b) The Special Conditions of Contract (SCC);
(c) The General Conditions of Contract (GCC),
(d) The Appendices (1 to 7).
[Note: If any of these Appendices are not used, the words “Not Used” should be inserted next to
the title of the Appendix]

Appendix 1: Description of the Services

Appendix 2: Reporting Requirements
Appendix 3: Personnel and Sub Consultants
Appendix 5: Services and facilities provided by the client
Appendix 6: Breakdown of contract price
Appendix 7: Form of Bank Guarantee for Advance Payment

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in
the Contract, in particular:

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 62

 (a) the Consultant shall carry out the Services in accordance with the provisions of
the Contract; and
(b) the Client shall make payments to the Consultant in accordance with the
provisions of the Contract.

IN WITNESS whereof, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.

For and on behalf of [name of Client]

[Authorized Representative]

For and on behalf of [name of Consultant]

[Authorized Representative]

[Note: If the Consultant consists of more than one entity, all these entities should appear as
signatories, e.g., in the following manner:]

For and on behalf of each of the Members of the Consultant

[name of member]

[Authorized Representative]

[name of member]

[Authorized Representative]

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 63

 5D. Appendices
Appendix 1 Description of the Services
This Appendix will include the final Terms of Reference worked out by the Client and the
Consultant during technical negotiations, dates for completion of various tasks, place of
performance for different tasks, specific tasks to be approved by Client, etc.
Appendix 2 Reporting Requirements
List format, frequency, and contents of reports; persons to receive them; dates of
submission; etc. If no reports are to be submitted, state here “Not applicable.”
Appendix 3 Key Personnel and Sub Consultants
List under:
3A Titles [and names, if already available], detailed job descriptions and minimum
qualifications of Key Personnel, and staff-months for each.
3B List of approved Sub Consultants (if already available); same information with
respect to their Personnel as in 3A.
Appendix 4 Hours of Work for Key Personnel
List here the hours of work for Key Personnel; entitlement, if any, to leave and vacation,
etc.
Appendix 5 Services and Facilities Provided by the Client
List under:
5A Services, facilities and property to be made available to the Consultant by the
Client.
5B Professional and support counterpart personnel to be made available to the
Consultant by the Client.
Appendix 6 Cost Estimates
List hereunder cost estimates:
A. Monthly rates for Personnel (Key Personnel and other Personnel)
B. Reimbursable expenses:
1. Per diem allowances.
2. Travel expenses.
3. Communications.
4. Printing of documents specified in Appendix 2.
5. Acquisition of specified equipment and materials to be paid for by the
Client (including transportation).
6. Cost of programming and use of, and communication between, the
computers.
7. Laboratory tests, model tests, and other technical services.
8. Subcontracts.
9. Other transportation costs
10. Office rent, clerical assistance
11. Other items not covered in the foregoing.

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 Appendix 7 Bank Guarantee for Advance Payments
[this is the format for the Advance Payment Security to be issued by a commercial bank
of Nigeria in accordance with SCC Clause 53.1]

Contract No: Date:

To:

[Name and address of Client]

ADVANCE PAYMENT GUARANTEE No:

We have been informed that [name of Consultant] (hereinafter called “the Consultant”) has
undertaken, pursuant to Contract No [reference number of Contract] dated [date of Contract]
(hereinafter called “the Contract”) for the supply of [description of consulting services] under the
Contract.

Furthermore, we understand that, according to your Special Conditions of Contract Clause 53.1,
Advance Payment(s) on Contracts must be supported by a bank guarantee.

At the request of the Consultant, we [name of bank] hereby irrevocably undertake to pay you,
without cavil or argument, any sum or sums not exceeding in total an amount of N…. [insert
amount in figures and in words] upon receipt by us of your first written demand accompanied by
a written statement that the Consultant is in breach of its obligation(s) under the Contract
conditions, without you needing to prove or show grounds or reasons for your demand of the
sum specified therein.

We further agree that no change, addition or other modification of the terms of the Contract to
be performed, or of any of the Contract documents which may be made between the Client and
the Consultant, shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition or modification.

This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the
above-mentioned office any demand for payment under this guarantee on or before that date.

Signature Signature

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 Section 6.Terms of Reference

Ministry of Finance Incorporated

Consultancy Services for the Development and Implementation of Portfolio
Management (PM) Software Tools.

Terms of Reference

Background
In the continuous need to effectively manage and optimize portfolios within the growing
innovative and dynamic global financial space, organizations today manage multifaceted
portfolios that include a mix of projects, investments, and assets. The increasing complexity
necessitates advanced tools to streamline management processes. Hence, managing this
diversity manually becomes challenging and inefficient as Portfolios often consist of
diverse projects with varying timelines, resource requirements, and objectives.

The Ministry of Finance Incorporated (MOFI) as a thriving world class organization,

understands that Portfolio Management Software Tools have evolved over the years in
response to dynamic and intricate nature of modern organizational portfolios.

MOFI’s core mandate is to hold custody, actively manage and drive value creation from the
different investments made by the Federal Government of Nigeria (FGN), aims to ensure
efficient allocation and optimization of resources, including financial, human, and time
resources, which are critical for achieving strategic objectives of the organization.

Aligning with its goals, MOFI has identified Portfolio Management Software as a strategic
tool to achieve this optimization and ensure compliance through transparent
documentation and reporting

In line with the above, MOFI is seeking to engage proficient and experienced consultants
who can provide multi-asset portfolio management solutions in an integrated approach to
managing portfolio operations in real-time.

Objective of the Assignment

The objective of the assignment is to provide MOFI with a comprehensive and compatible
Portfolio Management software tool that will enhance the organization's portfolio
operations and the ability to make strategic decisions, manage resources effectively, and

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 66

meet its overall goals by overseeing and optimizing its portfolio of projects, investments, or
assets specifically focusing on achieving the following:
Project Scope
The consultant will be expected to undertake the following tasks:

a. Understanding MOFI’s Portfolio management environment and evaluation for

appropriate Software:
 Conduct an assessment of MOFI’s current portfolio management climate, including
the organization's portfolio management structure, processes, tools, and practices,
as well as the overall culture and attitude towards portfolio management
 Review of MOFI's portfolio management documentation, including policies,
procedures, and guidelines to gain broad understanding of MOFI’s portfolio
management.
 Research, evaluate, and select the appropriate Portfolio Management Software.
 Integrate the software with other relevant tools and systems.
 Testing: Perform comprehensive testing to ensure the software meets specified
requirements.

b. Strategic alignment: Tailor the software to align with organizational needs and
processes comprising of but not limited to its ability to measure, evaluate, assess, monitor,
develop a composite score and track portfolio growth etc. The software should help MOFI
to ensure that its portfolio is aligned with its overall strategic goals and objectives. This
includes the ability to:
 Define and prioritize strategic goals
 Assess the alignment of projects, investments, or assets with strategic goals
 Make recommendations for rebalancing the portfolio to improve alignment.

c. Resource management: The software should help MOFI to effectively allocate and
manage resources across its portfolio. This includes the ability to:
 Track resource availability and demand
 Forecast resource needs
 Make recommendations for resource allocation
 Manage resource conflicts

FGN RfP Complex Lump-Sum May 2011 Revision 1.0 67

  Track and analyse fundraising efforts and outcomes
 Develop and manage detailed budgets for projects and portfolio activities

d. Portfolio optimization: The software should help MOFI to optimize its portfolio to
achieve its desired performance outcomes. This includes the ability to:
 Identify and assess portfolio risks
 Develop and evaluate portfolio scenarios
 Make recommendations for portfolio adjustments
 Monitor portfolio performance and make adjustments as needed
 Develop and track project or investment plans

e. Asset management: The software should be able to manage individual assets, including
the ability to:
 Track asset ownership, location, and condition
 Manage asset maintenance and repairs
 Track asset depreciation and value

f. Reporting and analytics: The software should provide a variety of reports and analytics
to help MOFI make informed decisions about its portfolio. This includes the ability to:
 Generate reports on portfolio performance, risks, and resource allocation
 Conduct portfolio analysis to identify trends and opportunities
 Create custom dashboards and reports

g. Compatibility
The portfolio management software should be compatible with MOFI's existing IT
infrastructure and systems. This includes the ability to integrate with existing project
management, investment management, and asset management systems, and the transfer of
existing portfolio data to the new software.

h. Implementation and Support

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The vendor of the portfolio management software should provide MOFI with
implementation and support services. This includes the ability to:
 Work with MOFI to develop a customized implementation plan
 Develop, organize and conduct training sessions for MOFI staff/end users on the
software
 Provide technical support for the software and its usage.

Reporting & Deliverables

a. Inception Report:

At the commencement of the project, the consultant is expected to provide an inception

report. This report will serve as the project's foundation, outlining a clear project
roadmap, objectives, methodology, and timelines. It will ensure that all stakeholders,
including MOFI and other involved parties, have a common understanding of the
project's scope and objectives. The consultant shall prepare copies, hard and electronic,
of the Inception Report.

b. Progress Report:

The consultancy firm is required to provide monthly progress reports. These reports
must include a comprehensive overview of activities, milestones achieved, challenges
encountered, and their respective resolutions, if applicable.

c. Deliverables:

The firm shall deliver the following key components:

This deliverable outlines the comprehensive architecture detailing the functional and
non-functional requirements of the Portfolio Management Software. It is designed and
developed to support MOFI’s Portfolio Management concerns.

1) Developed Portfolio Management Software tool.

2) User Documentation, Training Plan and Materials.
3) User Manual, Support and Maintenance Guidelines

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 4) Comprehensive Implementation Strategy Plan.

d. Final Report:

Upon completion of the project, the consultant is expected to submit a comprehensive

final report. This report should encompass an overview of the entire project, including a
summary of the consultancy activities, findings, recommendations, entire development
process, lessons learned, any outstanding issues and overall impact on MOFI’s portfolio
operations. The consultant shall provide copies in both electronic and hard copies.

Consultant Qualifications and Experience

The consulting firm engaged for this task should specifically possess the following
expertise:
1. The consulting firm have a minimum of 10 years of experience in asset management
software development with a focus on Portfolio Management Software tool.

2. The firm should demonstrate industry expertise and a proven track record of
successfully assisting asset management companies of similar size and complexity
in developing and implementing Portfolio Management Software tools that meet the
unique needs and operational workflows of different organizations.

3. The Firm should have a track record of working with public sector entities or
finance ministries would be an advantage.

4. A team of skilled and certified consultants with expertise in portfolio management,

project management, finance, and related domains.

5. The firm should show capability to provide continuous support and maintenance
services, including timely updates, troubleshooting, and addressing evolving
organizational needs.

6. The firm should demonstrate the ability to scale services to meet the continuous and
evolving needs of MOFI, whether in terms of organizational size, project complexity,
industry trends, technological advancements or portfolio expansion.

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 7. The firm should be able to provide comprehensive training programs for end-users,
administrators, and other stakeholders to maximize the effective use of Portfolio
Management Software.

Proposal Requirements:
The proposal must include the following:
1. Firm's Relevant Experience: The proposal must demonstrate the firm's substantial
experience, highlighting its expertise in the development of a Portfolio Management
Software in the financial space. Provide evidence of projects conducted in the last two
years that are akin to the scale and complexity of this project.
2. Understanding of Project Needs: Clearly articulate your understanding of MOFI's
requirements. Showcase how your proposed solutions align with the specific needs of the
project and exhibit the creativity employed to address them effectively.
3. Detailed Work Approach and Methodology: Present a comprehensive project
implementation plan that outlines the step-by-step methodology for executing the project.
Include a clear description of project phases, deliverables, and associated timelines.
4. Capacity to Deliver: Demonstrate your capacity to deliver by furnishing the proposal
with 3 to 5 examples of previous projects that best exemplify your ability to provide similar
services. These examples should highlight your track record, successful development and
implementation of a Portfolio Management Software.
5. Competent Project Team: Introduce the team that will be responsible for executing the
project, including the Team lead and other team members. Provide detailed CVs
showcasing their relevant experience in investment advisory with a focus on Portfolio
Management Software development, highlighting their expertise in the field.
6. Proposed Fee Breakdown: Include a transparent and detailed financial proposal
outlining the consultancy fee, a detailed breakdown of project costs, and any other related
expenses.

Expertise

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  Team Lead (Project Manager): The project necessitates the leadership of an
exceptionally experienced Project Manager who will assume the role of Team Lead.
This individual should hold a Master's Degree or equivalent in Project Management,
Software Development, Portfolio Management expertise, complemented by
professional certification in project management. Essential qualifications include a
minimum of 10 years of professional experience, with at least 5 years of service as a
Project Manager or Team Leader, particularly in projects dedicated to bolstering
institutional capacities. Proficiency in strategic planning, leadership, management,
coordination, presentation, analytical prowess, and problem-solving skills is
imperative. The Team Lead should exhibit adaptive management abilities, possess a
results-oriented mindset, and demonstrate the capacity to work independently
while meeting stringent deadlines.
 Software Development Expert: This role is of paramount importance in the
project and demands an individual with extensive experience in designing and
developing Portfolio Management Software tools. The ideal candidate should
possess a deep understanding of programming languages and development
framework relevant Portfolio Management Software. Furthermore, they should
have a proven track record in designing and managing database for portfolio
management solutions. Innovative and creative thinking is essential to design a
comprehensive, efficient and functional Portfolio Management Software specifically
tailored to MOFI's objectives and operational capacity.
 Financial and investment Specialist: The Financial and Investment Specialist
should have a strong background in financial principles and investment strategies as
it relates portfolio management. This individual should hold a master's degree (or
equivalent) in Computer Science, Information Technology, Business Management or
related fields, and possess a minimum of 7 years of relevant experience. Expertise in
designing and implementing portfolio management software, as well as engaging
with various stakeholders, is crucial for this role.

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  Research and Data Analyst: The project requires a Research and data Analyst with
specialized skills in data analysis, research, and program evaluation. This individual
should hold a bachelor’s or master’s degree in a relevant field, such as economics,
business, ICT or a related quantitative discipline, along with a minimum of 5 years of
professional experience in data analysis, research, and program evaluation.
Proficiency in analytical tools and data modeling is essential. The Research and
Analysis Expert will be responsible for conducting data-driven assessments,
providing insights for informed decision-making, and contributing significantly to
the overall success of the development of the Portfolio Management Software .
 Stakeholder Engagement Specialist: In this project, effective public engagement is
essential in driving to conclusion the development and implementation of the
project. The Public Engagement Specialist should possess a master’s degree or
equivalent in Public Relations, Communications, Sociology or related fields. Their
expertise should encompass skills in public relations, marketing, and public
engagement strategies. The Public Engagement Specialist is responsible for
engaging stakeholders, encouraging participation, and effectively communicating
and managing stakeholders at various organizational levels through innovative,
effective and impactful communication strategies.

Payments
Payments will be effected upon submission and acceptance of satisfactory quality deliverables
as follows: (to be discussed and agreed by both parties)

Milestones Payment

Project Inception Report 20%

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Submission and Acceptance of the Developed Portfolio Management 30%
Software tool.

Submission and Acceptance of User Documentation, Training Plan and 30%

Materials.

Completion of training and submission of the consultancy’ Final report. 20%

Confidentiality:
All data, information, and reports produced during the consultancy will remain the
property of MOFI. The consultant shall not disclose any information related to this
assignment without written consent from MOFI.

Conduct of the Consultant

The Consultant will, at all times, be expected to carry out the assignment with the highest
degree of professionalism and integrity. The Consultant will be expected to conduct his
duties in an open and transparent manner.

The Consultant will not, under any circumstance, take any actions or be seen to be taking
any actions, which may hinder or prevent the FMFBNP from executing this assignment.

The Consultant will study all related MOFI guidelines and policies and will be expected to
ensure that the assignment is concluded with the strictest adherence to all such policies
and regulations.

The Consultant will not, under any circumstances, take any material decision pertinent to
this assignment without the express permission and written consent of an authorized
representative of MOFI.

The Consultant will not, under any circumstances, discuss, divulge or use any information
regarding this assignment or any other transaction conducted as part of the project,
without the express written permission of an authorized representative of MOFI.

Duration
The consultancy will cover 4 months from the date of award of the contract. The selection
of the Consultant for the project shall be based on a Quality and Cost Selection (QCSB)
method and eventually appointed on a lump sum fee basis. The consultant will prepare a

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work plan soon after the contract is signed and submit it within 2 weeks of the project
inception meeting.

Notes:
Proposals will be evaluated based on experience, qualifications, creativity and cost-
effectiveness.

Please note that this TOR document is intended for information purposes only and is
subject to change. The final agreement between MOFI and the awards coordinator will be
based on the negotiated terms and conditions.

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