Federal Government of Nigeria Standard Bidding Document For The Procurement of Consulting Services Tender No

Federal Government of Nigeria
Standard Bidding Document

for the Procurement of
Consulting Services
Tender No. Enter Tender No.
SPD Summary 2
Standard Bidding Document
SUMMARY
PART I – SELECTION PROCEDURES AND REQUIREMENTS
Section 1: Standard Bidding Documents (SBD) Letter
This Section is a template of a letter for a Standard Bidding Documents from the Procuring Entity addressed
to a shortlisted consulting firm inviting it to submit a Tender for a consulting assignment. The SBD letter
includes a list of all shortlisted firms to whom similar letters of invitation are sent and a reference to the
selection method and applicable Procurement Regulations that govern the selection and award process.
Section 2: Instructions to Consultants and Data Sheet
This Section consists of two parts: “Instructions to Consultants” and “Data Sheet”. “Instructions to
Consultants” contains provisions that are to be used without modifications. “Data Sheet” contains
information specific to each selection and corresponds to the clauses in “Instructions to Consultants” that call
for selection-specific information to be added. This Section provides information to help shortlisted
consultants prepare their Tenders. Information is also provided on the submission, opening, and evaluation of
Tenders, contract negotiation, and award of contracts. Information in the Data Sheet indicates whether a Full
Technical Tender (FTP) or a Simplified Technical Tender (STP) shall be used.
Section 3: Technical Tender – Standard Forms
This Section includes the forms for FTP and STP that are to be completed by the shortlisted consultants and
submitted per the requirements of Section 2.
Section 4: Financial Tender – Standard Forms
This Section includes the financial forms that are to be completed by the shortlisted consultants, including
the consultant’s costing of its technical Tender, which are to be submitted per the requirements of Section 2.
Section 5: Eligible Countries
This Section contains information regarding eligible countries.
Section 6: Fraud and Corruption
This section includes the fraud and corruption provisions that apply to this selection process.
Section 7: Terms of Reference (TORs)

This Section describes the scope of services, objectives, goals, specific tasks required to implement the
assignment, and relevant background information; provides details on the required qualifications of the key
experts, and lists the expected deliverables. This Section shall not be used to overwriteover-write provisions
in Section 2.
PART II – CONDITIONS OF CONTRACT AND CONTRACT FORMS
Section 8: Standard Forms of Contract
This Section includes two types of standard contract forms for large or complex assignments: a Time-Based
Contract and a Lump-Sum Contract. Each type includes General Conditions of Contract (“GCC”) that shall
not be modified and Special Conditions of Contract (“SCC”). The SCC includes clauses specific to each
contract to supplement the General Conditions.
Each standard form of contract incorporates “Fraud and Corruption” (Section 6 of Part I) in a form of
Attachment 1.
PART III – NOTIFICATION OF INTENTION TO AWARD AND BENEFICIAL OWNERSHIP

FORMS
Section 9: Notification of Intention to Award and Beneficial Ownership Forms
This Section includes two forms. The first form is used to notify Consultants of the Procuring Entity’s
intention to award the contract to the successful Consultant. The second form is used to obtain additional
beneficial ownership information from successful Consultants for contracts identified in the Procurement
Plan.
SELECTION OF CONSULTANTS
Standard Bidding
Documents
Consulting Services
Procurement of:
[insert identification of the Consulting Services]
SBD No: Insert reference number from Procurement Plan
Consulting Services for: Insert consulting assignment title
Procuring Entity: Insert the name of the Procuring Entity
Country: Nigeria
Issued on: Insert the date when SBD is sent to firms
1
TABLE OF CONTENTS
PART I 6
Section 1. Standard Bidding Document Letter 6
Section 2. Instructions to Consultants and Data Sheet 11
A. General Provisions 11
1. Definitions 11
2. Introduction 13
3. Conflict of Interest 14
4. Unfair Competitive Advantage 15
5. Fraud and Corruption 15
6. Eligibility 15
B. Preparation of Tenders 17
7. General Considerations 17
8. Cost of Preparation of Tender 17
9. Language 17
10. Documents Comprising the Tender 17
11. Only One Tender 18
12. Tender Validity 18
13. Clarification and Amendment of SBD 19
14. Preparation of Tenders Specific Considerations 20
15. Technical Tender Format and Content 21
16. Financial Tender 21
C. Submission, Opening and Evaluation 22
17. Submission, Sealing, and Marking of Tenders 22
18. Confidentiality 23
19. Opening of Technical Tenders 24
20. Tenders Evaluation 24
21. Evaluation of Technical Tenders 24
22. Financial Tenders for QBS 25
23. Public Opening of Financial Tenders (for QCBS, FBS, and LCS methods) 25
24. Correction of Errors 26
25. Taxes 27
26. Conversion to Single Currency 27
27. Combined Quality and Cost Evaluation 27
D. Negotiations and Award 28
28. Negotiations 28
29. Conclusion of Negotiations 29
30. Standstill Period 29
31. Notification of Intention to Award 30
32. Notification of Award 30
33. Debriefing by the Procuring Entity 31
34. Signing of Contract 32
2
35. Procurement Related Complaint 32

E. Data Sheet 33
Section 3. Technical Tender – Standard Forms 45
1. Checklist of Required Forms 45
2. Form TECH-1 46
3. Form TECH-2 49
4. Form TECH-3 51
5. Form TECH-4 52
6. Form TECH-4 53
7. Form TECH-5 54
8. Form TECH-6 55
Section 4. Financial Tender - Standard Forms 61
Section 5. Eligible Countries 71
Section 6. Fraud and Corruption 73
Section 7. Terms of Reference 75
PART II 81
Section 8. Conditions of Contract and Contract Forms 81
9. Time-Based Form of Contract 83
Preface 87
I. Form of Contract 89
II. General Conditions of Contract 93
1. Definitions 93
2. Relationship between the Parties 94
3. Law Governing Contract 94
4. Language 94
5. Headings 95
6. Communications 95
7. Location 95
8. Authority of Member in Charge 95
9. Authorized Representatives 95
B. Commencement, Completion, Modification and Termination of Contract 96
11. Effectiveness of Contract 96
12. Termination of Contract for Failure to Become Effective 96
13. Commencement of Services 96
14. Expiration of Contract 96
15. Entire Agreement 96
16. Modifications or Variations 96
17. Force Majeure 96
18. Suspension 98
3
19. Termination 98
C. Obligations of the Consultant 100
20. General 100
23. Liability of the Consultant 102
24. Insurance to be taken out by the Consultant 102
25. Accounting, Inspection and Auditing 103
26. Reporting Obligations 103
27. Proprietary Rights of the Procuring Entity in Reports and Records 103
28. Equipment, Vehicles and Materials 104
D. Consultant’s Experts and Sub-Consultants 104
29. Description of Key Experts 104
30. Replacement of Key Experts 104
31. Approval of Additional Key Experts 105
32. Removal of Experts or Sub-consultants 105
33. Replacement/ Removal of Experts – Impact on Payments 105
34. Working Hours, Overtime, Leave, etc. 105
E. Obligations of the Procuring Entity 106
35. Assistance and Exemptions 106
36. Access to Project Site 107
37. Change in the Applicable Law Related to Taxes and Duties 107
38. Services, Facilities and Property of the Procuring Entity 107
39. Counterpart Personnel 107
40. Payment Obligation 108
F. Payments to the Consultant 108
41. Ceiling Amount 108
42. Remuneration and Reimbursable Expenses 108
43. Taxes and Duties 109
44. Currency of Payment 109
45. Mode of Billing and Payment 109
46. Interest on Delayed Payments 110
G. Fairness and Good Faith 110
47. Good Faith 110
H. Settlement of Disputes 111
48. Amicable Settlement 111
49. Dispute Resolution 111
III. Special Conditions of Contract 115
IV. Appendices 127
Appendix A – Terms of Reference 127
Appendix B - Key Experts 127
Appendix C – Remuneration Cost Estimates 127
Appendix D – Reimbursable Expenses Cost Estimates 131
4
Appendix E - Form of Advance Payments Guarantee 132

10. Lump-Sum Form of Contract 135
Preface 139
4. Language 147
5. Headings 147
7. Location 147
B. Commencement, Completion, Modification and Termination of Contract 148
18. Suspension 150
19. Termination 150
C. Obligations of the Consultant 152
20. General 152
D. Consultant’s Experts and Sub-Consultants 156
E. Obligations of the Procuring Entity 157
5

F. Payments to the Consultant 158
38. Contract Price 158
G. Fairness and Good Faith 160
43. Good Faith 160
H. Settlement of Disputes 160
IV. Appendices 175
Appendix C – Breakdown of Contract Price 175
Appendix D - Form of Advance Payments Guarantee 178
PART III 180
Section 9. Notification of Intention to Award and Beneficial Ownership Forms 180
Notification of Intention to Award 181
Beneficial Ownership Disclosure Form 188
6
Name and Contact Addresses of Procuring Entity Click or tap here to
enter text.
Procuring Entity Name: Click or tap here to enter text.
Contact Name: Click or tap here to enter text.
Contact Address: Click or tap here to enter text.
Contact Email Address: Click or tap here to enter text.
Invitation to Tender (ITT) No.: Click or tap here to enter text.
Tender Name: Click or tap here to enter text.
Invitation to Tender
1. The Enter name of Procuring Entity invites sealed tenders for the
supply of Enter brief description of goods, services, works,
technology, or other products required, delivery timing and
delivery location, lots, etc..
2. Tendering will be conducted under the open competitive method

Enter either “National” or “International” using a standardized
Tender Document. Tendering is open to all qualified and interested
Tenderers.
3. If Tender is subject to a Reservation, specify the Group eligible to

tender, insert e.g., “Tendering is open to all Small and Medium
Enterprises registered appropriately with ___”. In case the tender is
subject to multiple contracts/lots, insert “Tenderers will be allowed
to tender for one or more lots”.
4. Qualified and interested Tenderers may obtain further information

and inspect the Tender Documents during office hours: Insert
office hours if applicable, i.e., 0900 to 1500 hours, at the address
given below.
5. A complete set of Tender Documents may be purchased or

obtained by interested Tenderers upon payment of non-refundable
fees of Enter amount in Nigeria Nairas in both words and
parenthetically in digits, e.g., one (1) in cash or Banker's Cheque
and payable to the address given below. Tender documents may be
7
obtained electronically from the website Enter website url. Tender

documents obtained electronically will be free of charge.
6. Tender documents may be viewed and downloaded for free from

the website Enter website url. Tenderers who download the
Tender Document must forward their particulars immediately to
Enter email address, telephone, and postal address to facilitate any
further clarification or addendum.
7. All Tenders must be accompanied by a Enter “Tender Security” or

“Tender-Securing Declaration,” as appropriate of Enter amount in
Nigeria Nairas, in both words and parenthetical digits, e.g., one (1),
in case of a Tender Security.
8. The Tenderer shall paginate the submitted Tender Documents.
9. Completed Tender Documents must be delivered to the address

below on or before Enter time and date.
10. Electronic Tenders Enter “will” or “will not” be permitted.
11. Tenders will be opened immediately after the deadline date and
time specified above or any deadline date and time specified later.
Tenders will be publicly opened in the presence of the Tenderers'
designated representatives who choose to attend at the address
below.
12. Late Tenders will be rejected.
13. The addresses referenced above are:
Address for obtaining further information for Tender Documents
• Enter Name of Procuring Entity
• Enter Physical Address for office or tender box (city, state name,
building, floor number, and room
• Enter Postal Address
• Enter Telephone Number and Email Address of the officer to be

contacted
Address for submission of Tenders.
8

contacted
Address for opening of Tenders.

contacted
Authorized official (name, designation, signature, and date)
Enter Name
Enter Designation
Signature
_________________________
Enter Date of Signature

PART I
Section 1. Standard Bidding Document Letter

Standard Bidding Document Letter
Consulting Services
Name of Assignment: _____________________________hhhhujmkhjkk______________

SBD Reference No.: [as per the Procurement Plan]____________________
Country: Nigeria
Date:_________________________________________________________
[insert: Name and Address of Consultant. In the case of a Joint Venture (JV), the full name of
the JV and the names of each member as in the submitted Expression of Interest shall be
used]
Dear Mr. /Ms.:
1. The Procuring Entity now invites Tenders to provide the following consulting services
(hereinafter called “Services”): [insert: name of consulting services assignment]. More
details on the Services are provided in the Terms of Reference (Section 7).
2. This Standard Bidding Documents (SBD) has been addressed to the following shortlisted
Consultants:
[Insert the list of shortlisted Consultants. If a Consultant is a Joint Venture (JV), the full
name of the JV, as in the Expression of Interest, shall be used. In addition, list all
members, starting with the name of the lead member. Where sub-consultants have been
proposed, they shall be named.]
3. It is not permissible to transfer this SBD to any other firm.
4. A firm will be selected under [insert: Selection Method] procedures and in a [insert Tender
format: Full Technical Tender (FTP) or Simplified Technical Tender (STP)] format as
described in this SBD, under the Bureau of Public Procurement’s [insert date of applicable
Procurement Regulations edition as per legal agreement] (“Procurement Regulations”),
which can be found at the following website:
The SBD includes the following documents:
Section 1 – Standard Bidding Documents Letter
Section 2 - Instructions to Consultants and Data Sheet
Section 3 - Technical Tender ([select: FTP or STP]) - Standard Forms
Section 4 - Financial Tender - Standard Forms

Section 5 – Eligible Countries
Section 6 – Fraud and Corruption
Section 7 - Terms of Reference
Section 8 - Standard Forms of Contract ([select: Time-Based or Lump-Sum])
5. Please inform us by [insert date], in writing at [insert address], by facsimile [insert facsimile
number], or by E-mail [insert e-mail address]:
(a) that you have received this Standard Bidding Documents; and
(b) whether you intend to submit a Tender alone or intend to enhance your experience
by requesting permission to associate with other firms (s) (if permissible under
Section 2, Instructions to Consultants (ITC), Data Sheet 14.1.1).
6. [Insert this paragraph if applicable under the Procurement Plan: “Attention is drawn to the
Procurement Regulations requiring the Tenderer to disclose information on the successful
Consultant’s beneficial ownership, as part of the Contract Award Notice, using the Beneficial
Ownership Disclosure Form as included in the Standard Bidding Documents.”]
7. Details on the Tender’s submission date, time, and address are provided in ITC 17.7 and ITC
17.9.
Yours sincerely,
[Insert name of office]

[Insert name of officer and title]
[Insert postal address and/or street address, postal code, city, and country]
[Insert telephone number, country, and city codes]
[Insert facsimile number, country, and city codes]
[Insert email address]
Section 2. Instructions to Consultants (ITC) 12
Section 2. Instructions to Consultants and Data Sheet

[Notes to the Procuring Entity: this part of Section 2, Instructions to Consultants, shall not be modified. Any
necessary changes, acceptable to the Bureau of Public Procurement, to address specific country and project
issues, to supplement, but not over-write, the provisions of the Instructions to Consultants (ITC), shall be
introduced through the Data Sheet only. “Notes to the Procuring Entity” should be deleted from the final SBD
issued to the shortlisted Consultants].
Instructions to Consultants
A. General Provisions
1. Definitions (a) “Affiliate(s)” means an individual or an entity that
directly or indirectly controls, is controlled by or is
under common control with the Consultant.
(b) “Applicable Law” means the laws and any other

instruments having the force of law in the Procuring
Entity’s country, or in such other country as may be
specified in the Data Sheet, as they may be issued and
in force from time to time.
(c) “Procuring Entity” means the implementing agency

that signs the Contract for the Services with the
selected Consultant.
(d) “Consultant” means a legally-established professional

consulting firm or an entity that may provide or
provides the Services to the Procuring Entity under the
Contract.
(e) “Contract” means a legally binding written agreement

signed between the Procuring Entity and the
Consultant and includes all the attached documents
listed in Clause 1 (the General Conditions of Contract
(GCC), the Special Conditions of Contract (SCC), and
the Appendices).
(f) “Data Sheet” means an integral part of the Instructions

to Consultants (ITC) Section 2 that is used to reflect
specific country and assignment conditions to
supplement, but not to over-write, the provisions of the
ITC.
(g) “Day” means a calendar day unless otherwise

specified as “Business Day”. A Business Day is any

day that is an official working day of the Tenderer. It
excludes the Tenderer’s official public holidays.
(h) “Experts” means, collectively, Key Experts, Non-Key

Experts, or any other personnel of the Consultant, Sub-
consultant, or Joint Venture member(s).
(i) “Government” means the government of the Procuring

Entity’s country.
(j) “in writing” means communicated in written form

(e.g. by mail, e-mail, fax, including, if specified in the
Data Sheet, distributed or received through the
electronic-procurement system used by the Procuring
Entity) with proof of receipt;
(k) “Joint Venture (JV)” means an association with or

without a legal personality distinct from that of its
members, of more than one Consultant where one
member has the authority to conduct all business for
and on behalf of any of the members of the JV, and
where the members of the JV are jointly and severally
liable to the Procuring Entity for the performance of
the Contract.
(l) “Key Expert(s)” means an individual professional

whose skills, qualifications, knowledge, and
experience are critical to the performance of the
Services under the Contract and whose CV is taken
into account in the technical evaluation of the
Consultant’s Tender.
(m) “ITC” (this Section 2 of the SBD) means the

Instructions to Consultants that provide the shortlisted
Consultants with all information needed to prepare
their Tenders.
(n) “Non-Key Expert(s)” means an individual professional

provided by the Consultant or its Sub-consultant and
who is assigned to perform the Services or any part
thereof under the Contract and whose CVs are not
evaluated individually.
(o) “Tender” means the Technical Tender and the

Financial Tender of the Consultant.
(p) “SBD” means the Standard Bidding Documents to be

prepared by the Procuring Entity for the selection of
Consultants, based on the SPD - SBD.
(q) “SPD - SBD” means the Standard Procurement

Document - Standard Bidding Documents, which must
be used by the Procuring Entity as the basis for the
preparation of the SBD.
(r) “Services” means the work to be performed by the

Consultant under the Contract.
(s) “Sub-consultant” means an entity to whom the

Consultant intends to subcontract any part of the
Services while the Consultant remains responsible to
the Procuring Entity during the whole performance of
the Contract.
(t) “Terms of Reference (TORs)” (this Section 7 of the
SBD) means the Terms of Reference that explain the
objectives, the scope of work, activities, and tasks to
be performed, respective responsibilities of the
Procuring Entity and the Consultant, and expected
results and deliverables of the assignment.
(u) “ESHS” means environmental, social (including
sexual exploitation and abuse (SEA) and gender-based
violence (GBV)), health, and safety.
2. Introduction 2.1 The Procuring Entity named in the Data Sheet intends to
select a Consultant from those listed in the Standard
Bidding Documents (SBD), per the method of selection
specified in the Data Sheet.
2.2 The shortlisted Consultants are invited to submit a
Technical Tender and a Financial Tender, or a Technical
Tender only, as specified in the Data Sheet, for consulting
services required for the assignment named in the Data
Sheet. The Tender will be the basis for negotiating and
ultimately signing the Contract with the selected
Consultant.
2.3 The Consultants should familiarize themselves with the
local conditions and take them into account in preparing
their Tenders, including attending a pre-Tender conference
if one is specified in the Data Sheet. Attending any such
pre-Tender conference is optional and is at the

Consultants’ expense.
2.4 The Procuring Entity will timely provide, at no cost to the
Consultants, the inputs, relevant project data, and reports
required for the preparation of the Consultant’s Tender as
3. Conflict of 3.1 The Consultant is required to provide professional,
Interest objective, and impartial advice, at all times holding the
(a) Procuring Entity’s interests paramount, strictly avoiding
conflicts with other assignments or its corporate interests,
and acting without any consideration for future work.
3.2 The Consultant must disclose to the Procuring Entity any
situation of actual or potential conflict that impacts its
capacity to serve the best interest of its Procuring Entity.
Failure to disclose such situations may lead to the
disqualification of the Consultant or the termination of its
Contract and/or sanctions by the Bureau of Public
Procurement.
3.2.1 Without limitation on the generality of the foregoing,
the Consultant shall not be hired under the
circumstances set forth below:
a. Conflicting (i) Conflict between consulting activities and
Activities procurement of goods, works, or non-consulting
services: a firm that has been engaged by the
Procuring Entity to provide goods, works, or non-
consulting services for a project, or any of its
Affiliates, shall be disqualified from providing
consulting services resulting from or directly related
to those goods, works, or non-consulting services.
Conversely, a firm hired to provide consulting
services for the preparation or implementation of a
project, or any of its Affiliates shall be disqualified
from subsequently providing goods or works or non-
consulting services resulting from or directly related
to the consulting services for such preparation or
implementation.
b. Conflicting (ii) Conflict among consulting assignments: a Consultant
Assignments (including its Experts and Sub-consultants) or any of
its Affiliates shall not be hired for any assignment
that, by its nature, may conflict with another
assignment of the Consultant for the same or another
Procuring Entity.
c. Conflicting (iii) Relationship with the Procuring Entity’s staff: a
Relationships Consultant (including its Experts and Sub-
consultants) that has a close business or family
relationship with a professional staff of the Procuring
Entity who are directly or indirectly involved in any
part of (i) the preparation of the Terms of Reference
for the assignment, (ii) the selection process for the
Contract, or (iii) the supervision of the Contract, may
not be awarded a Contract unless the conflict
stemming from this relationship has been resolved in
a manner acceptable to the Bureau of Public
Procurement throughout the selection process and the
execution of the Contract.
4. Unfair 4.1 Fairness and transparency in the selection process require
Competitive that the Consultants or their Affiliates competing for a
Advantage specific assignment do not derive a competitive advantage
from having provided consulting services related to the
assignment in question. To that end, the Procuring Entity
shall indicate in the Data Sheet and make available to all
shortlisted Consultants together with this SBD all
information that would in that respect give such
Consultant any unfair competitive advantage over
competing Consultants.
5. Fraud and 5.1 The Bureau of Public Procurement requires compliance
Corruption with the Bureau of Public Procurement’s Anti-Corruption
Guidelines and its prevailing sanctions policies and
procedures as outlined in the Bureau of Public
Procurement’s Sanctions Framework, as outlined in
Section 6.
5.2 In further pursuance of this policy, Consultants shall

permit and shall cause their agents (where declared or
not), subcontractors, sub-consultants, service providers,
suppliers, and their personnel, to permit the Bureau of
Public Procurement to inspect all accounts, records, and
other documents relating to any shortlisting process,
Tender submission, and contract performance (in the case
of award), and to have them audited by auditors appointed
by the Bureau of Public Procurement.
6. Eligibility 6.1 The Bureau of Public Procurement permits consultants
(individuals and firms, including Joint Ventures and their
members) from all countries to offer consulting services.
6.2 Furthermore, it is the Consultant’s responsibility to ensure

that its Experts, joint venture members, Sub-consultants,
agents (declared or not), sub-contractors, service providers,
suppliers, and/or their employees meet the eligibility
requirements as established by the Bureau of Public
Procurement in the applicable Procurement Regulations.
6.3 As an exception to the foregoing ITC 6.1 and ITC 6.2
above:
a. Sanctions 6.3.1 A Consultant that has been sanctioned by the Bureau
of Public Procurement, under the Bureau of Public
Procurement’s Anti-Corruption Guidelines and per
its prevailing sanctions policies and procedures as
outlined in the Bureau of Public Procurement’s
Sanctions Framework as described in Section VI,
Fraud and Corruption, paragraph 2.2 d., shall be
ineligible to be shortlisted for, submit Tenders for,
or be awarded a contract or benefit from a contract,
financially or otherwise, during such period as the
Bureau of Public Procurement shall have
determined. The list of debarred firms and
individuals is available at the electronic address
specified in the PDS.
b. Prohibitions 6.3.2 Firms and individuals of a country or goods
manufactured in a country may be ineligible if so
indicated in Section 5 (Eligible Countries) and:
(a) as a matter of law or official regulations, the
Tenderer’s country prohibits commercial relations
with that country, provided that the Bureau of Public
Procurement is satisfied that such exclusion does not
preclude effective competition for the provision of
Services required; or
(b) by an act of compliance with a decision of the
United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, the
Tenderer’s Country prohibits any import of goods
from that country or any payments to any country,
person, or entity in that country.
c. Restrictions for 6.3.3 State-owned enterprises or institutions in the
State-Owned Tenderer’s country may be eligible to compete and
Enterprises be awarded a contract only if they can establish, in a
manner acceptable to the Bureau of Public
Procurement, that they: (i) are legally and
financially autonomous, (ii) operate under

commercial law, and (iii) are not under the
supervision of the Procuring Entity.
d. Restrictions for 6.3.4 Government officials and civil servants of the
Public Employees Tenderer’s country are not eligible to be included as
Experts, individuals, or members of a team of
Experts in the Consultant’s Tender unless:
(i) the services of the government official or
civil servant are unique, or their
participation is critical to project
implementation; and
(ii) their hiring would not create a conflict of
interest, including any conflict with
employment or other laws, regulations, or
policies of the Tenderer.
e. Tenderer 6.3.5 A firm that is under a sanction of debarment by the
Debarment Tenderer from being awarded a contract is eligible
to participate in this procurement, unless the Bureau
of Public Procurement, at the Tenderer’s request, is
satisfied that the debarment; (a) relates to fraud or
corruption, and (b) followed a judicial or
administrative proceeding that afforded the firm
adequate due process.
B. Preparation of Tenders
7. General 7.1 In preparing the Tender, the Consultant is expected to
Considerations examine the SBD in detail. Material deficiencies in
providing the information requested in the SBD may result
in the rejection of the Tender.
8. Cost of 8.1 The Consultant shall bear all costs associated with the
Preparation of preparation and submission of its Tender, and the Procuring
Tender Entity shall not be responsible or liable for those costs,
regardless of the conduct or outcome of the selection
process. The Procuring Entity is not bound to accept any
Tender and reserves the right to annul the selection process
at any time before Contract award, without thereby
incurring any liability to the Consultant.
9. Language 9.1 The Tender, as well as all correspondence and documents
relating to the Tender, exchanged between the Consultant
and the Procuring Entity, shall be written in the language(s)
10. Documents 10.1 The Tender shall comprise the documents and forms
Comprising listed in the Data Sheet.
the Tender
10.2 If specified in the Data Sheet, the Consultant shall
include a statement of an undertaking of the Consultant to
observe, in competing for and executing a contract, the
Procuring Entity country’s laws against fraud and
corruption (including bribery).
10.3 The Consultant shall furnish information on
commissions, gratuities, and fees, if any, paid or to be
paid to agents or any other party relating to this Tender
and, if awarded, Contract execution, as requested in the
Financial Tender submission form (Section 4).
11. Only One 11.1 The Consultant (including the individual members of any
Tender Joint Venture) shall submit only one Tender, either in its
name or as part of a Joint Venture in another Tender. If a
Consultant, including any Joint Venture member, submits
or participates in more than one Tender, all such Tenders
shall be disqualified and rejected. This does not, however,
preclude a Sub-consultant, or the Consultant’s staff from
participating as Key Experts and Non-Key Experts in
more than one Tender when circumstances justify and if
stated in the Data Sheet.
12. Tender 12.1 The Data Sheet indicates the period during which the
Validity Consultant’s Tender must remain valid after the Tender
submission deadline.
12.2 During this period, the Consultant shall maintain its

original Tender without any change, including the
availability of the Key Experts, the proposed rates, and the
total price.
12.3 If it is established that any Key Expert nominated in the

Consultant’s Tender was not available at the time of
Tender submission or was included in the Tender without
his/her confirmation, such Tender shall be disqualified and
rejected for further evaluation and may be subject to
sanctions per ITC 5.
a. Extension of 12.4 The Procuring Entity will make its best effort to complete
Validity Period the negotiations and award the contract within the
Tender’s validity period. However, should the need arise,
the Procuring Entity may request, in writing, all
Consultants who submitted Tenders before the submission
deadline to extend the Tenders’ validity.
12.5 If the Consultant agrees to extend the validity of its

Tender, it shall be done without any change in the original
Tender and with the confirmation of the availability of the
Key Experts, except as provided in ITC 12.7.
12.6 The Consultant has the right to refuse to extend the

validity of its Tender in which case such Tender will not
be further evaluated.
b. Substitution of 12.7 If any of the Key Experts become unavailable for the
Key Experts at extended validity period, the Consultant shall seek to
Validity Extension substitute another Key Expert. The Consultant shall
provide a written adequate justification and evidence
satisfactory to the Procuring Entity together with the
substitution request. In such case, a substitute Key Expert
shall have equal or better qualifications and experience
than those of the originally proposed Key Expert. The
technical evaluation score, however, will remain to be
based on the evaluation of the CV of the original Key
Expert.
12.8 If the Consultant fails to provide a substitute Key Expert

with equal or better qualifications, or if the provided
reasons for the replacement or justification are
unacceptable to the Procuring Entity, such Tender will be
rejected with the prior Bureau of Public Procurement’s no
objection.
c. Sub- 12.9 The Consultant shall not subcontract the whole of the
Contracting Services.
13. Clarification 13.1 The Consultant may request a clarification of any part of
and the SBD during the period indicated in the Data Sheet
Amendment of before the Tenders’ submission deadline. Any request for
SBD clarification must be sent in writing, or by standard
electronic means, to the Procuring Entity’s address
indicated in the Data Sheet. The Procuring Entity will
respond in writing, or by standard electronic means, and
will send written copies of the response (including an
explanation of the query but without identifying its source)
to all shortlisted Consultants. Should the Procuring Entity
deem it necessary to amend the SBD as a result of a
clarification, it shall do so following the procedure
described below:
13.1.1 At any time before the Tender submission
deadline, the Procuring Entity may amend the SBD

by issuing an amendment in writing or by standard
electronic means. The amendment shall be sent to
all shortlisted Consultants and will be binding on
them. The shortlisted Consultants shall
acknowledge receipt of all amendments in writing.
13.1.2 If the amendment is substantial, the Procuring
Entity may extend the Tender submission
deadline to give the shortlisted Consultants
reasonable time to take an amendment into
account in their Tenders.
13.2 The Consultant may submit a modified Tender or a
modification to any part of it at any time before the
Tender submission deadline. No modifications to the
Technical or Financial Tender shall be accepted after the
deadline.
14. Preparation of 14.1 While preparing the Tender, the Consultant must give
Tenders particular attention to the following:
Specific
Considerations 14.1.1 If a shortlisted Consultant considers that it may
enhance its expertise for the assignment by
associating with other consultants in the form of a
Joint Venture or as Sub-consultants, it may do so
with either (a) non-shortlisted Consultant(s), or
(b) shortlisted Consultants if permitted in the
Data Sheet. In all such cases, a shortlisted
Consultant must obtain the written approval of the
Procuring Entity before the submission of the
Tender. When associating with non-shortlisted
firms in the form of a joint venture or a sub-
consultancy, the shortlisted Consultant shall be a
lead member. If shortlisted Consultants associate
with each other, any of them can be a lead
member.
14.1.2 The Procuring Entity may indicate in the Data
Sheet the estimated Key Experts’ time input
(expressed in person-month) or the Procuring
Entity’s estimated total cost of the assignment, but
not both. This estimate is indicative and the
Tender shall be based on the Consultant’s
estimates for the same.
14.1.3 If stated in the Data Sheet, the Consultant shall
include in its Tender at least the same time input
(in the same unit as indicated in the Data Sheet)

of Key Experts, failing which the Financial
Tender will be adjusted for comparison of
Tenders and decision for the award per the
procedure in the Data Sheet.
14.1.4 For assignments under the Fixed-Budget selection
method, the estimated Key Experts’ time input is
not disclosed. The total available budget, with an
indication of whether it is inclusive or exclusive
of taxes, is given in the Data Sheet, and the
Financial Tender shall not exceed this budget.
15. Technical 15.1 The Technical Tender shall be prepared using the
Tender Standard Forms provided in Section 3 of the SBD and
Format and shall comprise the documents listed in the Data Sheet.
Content The Technical Tender shall not include any financial
information. A Technical Tender containing material
financial information shall be declared non-responsive.
15.1.1 Consultant shall not propose alternative Key
Experts. Only one CV shall be submitted for
each Key Expert position. Failure to comply
with this requirement will make the Tender non-
responsive.
15.2 Depending on the nature of the assignment, the
Consultant is required to submit a Full Technical Tender
(FTP), or a Simplified Technical Tender (STP) as
indicated in the Data Sheet and using the Standard
Forms provided in Section 3 of the SBD.
16. Financial 16.1 The Financial Tender shall be prepared using the
Tender Standard Forms provided in Section 4 of the SBD. It shall
list all costs associated with the assignment, including (a)
remuneration for Key Experts and Non-Key Experts, and
(b) reimbursable expenses indicated in the Data Sheet.
a. Price 16.2 For assignments with a duration exceeding 18 months, a
Adjustment price adjustment provision for foreign and/or local
inflation for remuneration rates applies if so stated in the
Data Sheet.
b. Taxes 16.3 The Consultant and its Sub-consultants and Experts are
responsible for meeting all tax liabilities arising out of the
Contract unless stated otherwise in the Data Sheet.
Information on taxes in the Procuring Entity’s country is
provided in the Data Sheet.
c. Currency of 16.4 The Consultant may express the price for its Services in
Tender Nigeria Naira, or as stated in the Data Sheet. If indicated
in the Data Sheet, the portion of the price representing
local cost shall be stated in Nigeria Naira.
d. Currency of 16.5 Payment under the Contract shall be made in Nigeria
Payment Naira, or an alternate currency if in the Tender.
C. Submission, Opening, and Evaluation

17. Submission, 17.1 The Consultant shall submit a signed and complete
Sealing and Tender comprising the documents and forms per ITC 10
Marking of (Documents Comprising Tender). Consultants shall mark
Tenders as “CONFIDENTIAL” information in their Tenders that is
confidential to their business. This may include
proprietary information, trade secrets, or commercial or
financially sensitive information. The submission can be
done by mail or by hand. If specified in the Data Sheet,
the Consultant has the option of submitting its Tenders
electronically.
17.2 An authorized representative of the Consultant shall sign
the original submission letters in the required format for
both the Technical Tender and, if applicable, the Financial
Tender and shall initial all pages of both. The
authorization shall be in the form of a written power of
attorney attached to the Technical Tender.
17.2.1 A Tender submitted by a Joint Venture shall be

signed by all members to be legally binding on all
members, or by an authorized representative who has a
written power of attorney signed by each member’s
authorized representative.
17.3 Any modifications, revisions, interlineations, erasures,

or overwriting shall be valid only if they are signed or
initialed by the person signing the Tender.
17.4 The signed Tender shall be marked “ORIGINAL”, and its

copies marked “COPY” as appropriate. The number of
copies is indicated in the Data Sheet. All copies shall be
made from the signed original. If there are discrepancies
between the original and the copies, the original shall
prevail.
17.5 The original and all the copies of the Technical Tender
shall be placed inside a sealed envelope marked

“TECHNICAL TENDER”, “[Name of the Assignment]“,
[reference number], [name and address of the
Consultant], and with a warning “DO NOT OPEN UNTIL
[INSERT THE DATE AND THE TIME OF THE TECHNICAL
TENDER SUBMISSION DEADLINE].”
17.6 Similarly, the original Financial Tender (if required for

the applicable selection method) and its copies shall be
placed inside of a separate sealed envelope marked
“FINANCIAL TENDER” “[Name of the Assignment]“,
[reference number], [name and address of the Consultant],
and with a warning “DO NOT OPEN WITH THE
TECHNICAL TENDER.”
17.7 The sealed envelopes containing the Technical and

Financial Tenders shall be placed into one outer envelope
and sealed. This outer envelope shall be addressed to the
Procuring Entity and bear the submission address, SBD
reference number, the name of the assignment, the
Consultant’s name, and the address, and shall be marked
“Do Not Open Before [insert the time and date of the
submission deadline indicated in the Data Sheet]”.
17.8 If the envelopes and packages with the Tender are not
sealed and marked as required, the Procuring Entity will
assume no responsibility for the misplacement, loss, or
premature opening of the Tender.
17.9 The Tender or its modifications must be sent to the

address indicated in the Data Sheet and received by the
Procuring Entity no later than the deadline indicated in the
Data Sheet, or any extension to this deadline. Any Tender
or its modification received by the Procuring Entity after
the deadline shall be declared late and rejected, and
promptly returned unopened.
18. Confidentialit 18.1 From the time the Tenders are opened to the time the
y Contract is awarded, the Consultant should not contact the
Procuring Entity on any matter related to its Technical
and/or Financial Tender. Information relating to the
evaluation of Tenders and award recommendations shall
not be disclosed to the Consultants who submitted the
Tenders or to any other party not officially concerned with
the process until the Notification of Intention to Award the
Contract. Exceptions to this ITC are where the Procuring
Entity notifies Consultants of the results of the evaluation

of the Technical Tenders.
18.2 Any attempt by shortlisted Consultants or anyone on

behalf of the Consultant to influence improperly the
Procuring Entity in the evaluation of the Tenders or
Contract award decisions may result in the rejection of its
Tender and may be subject to the application of prevailing
Bureau of Public Procurement’s sanctions procedures.
18.3 Notwithstanding the above provisions, from the time of

the Tenders’ opening to the time of Contract award
publication, if a Consultant wishes to contact the
Procuring Entity or the Bureau of Public Procurement on
any matter related to the selection process, it shall do so
only in writing.
19. Opening of 19.1 The Procuring Entity’s evaluation committee shall
Technical conduct the opening of the Technical Tenders in the
Tenders presence of the shortlisted Consultants’ authorized
representatives who choose to attend (in person, or online
if this option is offered in the Data Sheet). The opening
date, time, and address are stated in the Data Sheet. The
envelopes with the Financial Tender shall remain sealed
and shall be securely stored with a reputable public auditor
or independent authority until they are opened per ITC 23.
19.2 At the opening of the Technical Tenders, the following

shall be read out: (i) the name and the country of the
Consultant or, in the case of a Joint Venture, the name of
the Joint Venture, the name of the lead member and the
names and the countries of all members; (ii) the presence
or absence of a duly sealed envelope with the Financial
Tender; (iii) any modifications to the Tender submitted
before Tender submission deadline; and (iv) any other
information deemed appropriate or as indicated in the
Data Sheet.
20. Tenders 20.1 Subject to the provision of ITC 15.1, the evaluators of
Evaluation the Technical Tenders shall have no access to the
Financial Tenders until the technical evaluation is
concluded and the Bureau of Public Procurement issues its
“no objection”, if applicable.
20.2 The Consultant is not permitted to alter or modify its

Tender in any way after the Tender submission deadline
except as permitted under ITC 12.7. While evaluating the

Tenders, the Procuring Entity will conduct the evaluation
solely based on the submitted Technical and Financial
Tenders.
21. Evaluation of 21.1 The Procuring Entity’s evaluation committee shall
Technical evaluate the Technical Tenders based on their
Tenders responsiveness to the Terms of Reference and the SBD,
applying the evaluation criteria, sub-criteria, and point
system specified in the Data Sheet. Each responsive
Tender will be given a technical score. A Tender shall be
rejected at this stage if it does not respond to important
aspects of the SBD or if it fails to achieve the minimum
technical score indicated in the Data Sheet.
22. Financial 22.1 Following the ranking of the Technical Tenders, when the
Tenders for selection is based on quality only (QBS), the top-ranked
QBS Consultant is invited to negotiate the Contract.
22.2 If Financial Tenders were invited together with the
Technical Tenders, only the Financial Tender of the
technically top-ranked Consultant is opened by the
Procuring Entity’s evaluation committee. All other
Financial Tenders are returned unopened after the Contract
negotiations are successfully concluded and the Contract is
signed.
23. Public 23.1 After the technical evaluation is completed and the Bureau
Opening of of Public Procurement has issued its no objection (if
Financial applicable), the Procuring Entity shall notify those
Tenders (for Consultants whose Tenders were considered non-
QCBS, FBS, responsive to the SBD and TOR or did not meet the
and LCS minimum qualifying technical score, advising them of the
methods) following:
(i) their Tender was not responsive to the SBD and TOR
or did not meet the minimum qualifying technical
score;
(ii) provide information relating to the Consultant’s overall
technical score, as well as scores obtained for each
criterion and sub-criterion;
(iii) their Financial Tenders will be returned unopened after
completing the selection process and Contract signing;
and
(iv) notify them of the date, time, and location of the public
opening of the Financial Tenders and invite them to

attend.
23.2 The Procuring Entity shall simultaneously notify in
writing those Consultants whose Tenders were considered
responsive to the SBD and TOR, and that have achieved
the minimum qualifying technical score, advising them the
following:
(i) their Tender was responsive to the SBD and TOR
and met the minimum qualifying technical score;
(ii) provide information relating to the Consultant’s
overall technical score, as well as scores obtained
for each criterion and sub-criterion;
(iii) their Financial Tender will be opened at the public
opening of Financial Tenders; and
(iv) notify them of the date, time, and location of the
public opening and invite them to the opening of
the Financial Tenders.
23.3 The opening date should allow the Consultants sufficient
time to make arrangements for attending the opening and
shall be no less than seven (7) Business Days from the
date of notification of the results of the technical
evaluation, described in ITC 23.1 and 23.2.
23.4 The Consultant’s attendance at the opening of the
Financial Tenders (in person, or online if such an option is
indicated in the Data Sheet) is optional and is of the
Consultant’s choice.
23.5 The Financial Tenders shall be opened publicly by the
Procuring Entity’s evaluation committee in the presence of
the representatives of the Consultants and anyone else who
chooses to attend. Any interested party who wishes to
attend this public opening should contact the client as
indicated in the Data Sheet. Alternatively, a notice of the
public opening of Financial Tenders may be published on
the Procuring Entity’s website, if available. At the
opening, the names of the Consultants, and the overall
technical scores, including the breakdown by criterion,
shall be read aloud. The Financial Tenders will then be
inspected to confirm that they have remained sealed and
unopened. These Financial Tenders shall be then opened,
and the total prices read aloud and recorded. Copies of the
record shall be sent to all Consultants who submitted
Tenders and to the Bureau of Public Procurement.

24. Correction of 24.1 Activities and items described in the Technical Tender but
Errors not priced in the Financial Tender shall be assumed to be
included in the prices of other activities or items, and no
corrections are made to the Financial Tender.
a. Time-Based 24.1.1 If a Time-Based contract form is included in the
Contracts SBD, the Procuring Entity’s evaluation committee
will (a) correct any computational or arithmetical
errors, and (b) adjust the prices if they fail to
reflect all inputs included for the respective
activities or items included in the Technical
Tender. In case of discrepancy between (i) a
partial amount (sub-total) and the total amount, or
(ii) between the amount derived by multiplication
of unit price with quantity and the total price, or
(iii) between words and figures, the former will
prevail. In case of discrepancy between the
Technical and Financial Tenders in indicating
quantities of input, the Technical Tender prevails
and the Procuring Entity’s evaluation committee
shall correct the quantification indicated in the
Financial Tender to make it consistent with that
indicated in the Technical Tender, apply the
relevant unit price included in the Financial
Tender to the corrected quantity, and correct the
total Tender cost.
b. Lump-Sum 24.1.2 If a Lump-Sum contract form is included in the SBD,
Contracts the Consultant is deemed to have included all prices
in the Financial Tender, so neither arithmetical
corrections nor price adjustments shall be made. The
total price, net of taxes understood as per ITC 25,
specified in the Financial Tender (Form FIN-1) shall
be considered as the offered price. Where there is a
discrepancy between the amount in words and the
amount figures, the amount in words shall prevail.
25. Taxes 25.1 The Procuring Entity’s evaluation of the Consultant’s
Financial Tender shall exclude taxes and duties in the
Procuring Entity’s country per the instructions in the
Data Sheet.
26. Conversion to 26.1 For evaluation purposes, prices shall be converted to
Single Nigeria Naira, unless indicated otherwise in the Data
Currency Sheet.
27. Combined
Quality and Cost
Evaluation
a. Quality and 27.1 In the case of QCBS, the total score is calculated by
Cost-Based weighting the technical and financial scores and adding
Selection (QCBS) them as per the formula and instructions in the Data
Sheet. The Consultant with the Most Advantageous
Tender, which is the Tender that achieves the highest
combined technical and financial scores, will be invited
for negotiations.
b. Fixed-Budget 27.2 In the case of FBS, those Tenders that exceed the budget
Selection (FBS) indicated in ITC 14.1.4 of the Data Sheet shall be
rejected.
27.3 The Procuring Entity will select the Consultant with the
Most Advantageous Tender, which is the highest-ranked
Technical Tender that does not exceed the budget
indicated in the SBD, and invite such Consultant to
negotiate the Contract.
c. Least-Cost 27.4 In the case of Least-Cost Selection (LCS), the Procuring
Selection Entity will select the Consultant with the Most
Advantageous Tender, which is the Tender with the
lowest evaluated total price among those Tenders that
achieved the minimum qualifying technical score and
invite such a Consultant to negotiate the Contract.
D. Negotiations and Award
28.1 The negotiations will be held at the date and address

28. Negotiations indicated in the Data Sheet with the Consultant’s
representative(s) who must have written power of attorney
to negotiate and sign a Contract on behalf of the
Consultant.
28.2 The Procuring Entity shall prepare minutes of

negotiations that are signed by the Procuring Entity and
the Consultant’s authorized representative.
a. Availability of 28.3 The invited Consultant shall confirm the availability of
Key Experts all Key Experts included in the Tender as a pre-requisite to
the negotiations, or, if applicable, a replacement per ITC
12. Failure to confirm the Key Experts’ availability may

result in the rejection of the Consultant’s Tender and the
Procuring Entity proceeding to negotiate the Contract with
the next-ranked Consultant.
28.4 Notwithstanding the above, the substitution of Key

Experts at the negotiations may be considered if due solely
to circumstances outside the reasonable control of and not
foreseeable by the Consultant, including but not limited to
death or medical incapacity. In such case, the Consultant
shall offer a substitute Key Expert within the period
specified in the letter of invitation to negotiate the Contract,
who shall have equivalent or better qualifications and
experience than the original candidate.
b. Technical 28.5 The negotiations include discussions of the Terms of
Negotiations Reference (TORs), the proposed methodology, the
Procuring Entity’s inputs, the special conditions of the
Contract, and finalizing the “Description of Services” part
of the Contract. These discussions shall not substantially
alter the original scope of services under the TOR or the
terms of the contract, lest the quality of the final product,
its price, or the relevance of the initial evaluation be
affected.
c. Financial 28.6 The negotiations include the clarification of the
Negotiations Consultant’s tax liability in the Procuring Entity’s country
and how it should be reflected in the Contract.
28.7 If the selection method included cost as a factor in the

evaluation, the total price stated in the Financial Tender for
a Lump-Sum contract shall not be negotiated.
28.8 In the case of a Time-Based contract, unit rates

negotiations shall not take place, except when the offered
Key Expert and Non-Key Experts’ remuneration rates are
much higher than the typically charged rates by consultants
in similar contracts. In such case, the Procuring Entity may
ask for clarifications and, if the fees are very high, ask to
change the rates after consultation with the Bureau of
Public Procurement. The format for (i) providing
information on remuneration rates in the case of Quality
Based Selection; and (ii) clarifying remuneration rates’
structure under this Clause, is provided in Appendix A to
the Financial Form FIN-3: Financial Negotiations –
Breakdown of Remuneration Rates.
29.1 The negotiations are concluded with a review of the

29. Conclusion of finalized draft Contract, which then shall be initialed by the
Negotiations Procuring Entity and the Consultant’s authorized
representative.
29.2 If the negotiations fail, the Procuring Entity shall inform

the Consultant in writing of all pending issues and
disagreements and provide a final opportunity to the
Consultant to respond. If disagreement persists, the
Procuring Entity shall terminate the negotiations informing
the Consultant of the reasons for doing so. The Procuring
Entity will then invite the next-ranked Consultant to
negotiate a Contract. Once the Procuring Entity commences
negotiations with the next-ranked Consultant, the Procuring
Entity shall not reopen the earlier negotiations.
30.1 The Contract shall not be awarded earlier than the expiry
30. Standstill of the Standstill Period. The Standstill Period shall be ten
Period (10) Business Days unless extended per ITC 33. The
Standstill Period commences the day after the date the
Procuring Entity has transmitted to each Consultant (that
has not already been notified that it has been unsuccessful)
the Notification of Intention to Award the Contract. Where
only one Tender is submitted, or if this contract is in
response to an emergency recognized by the Bureau of
Public Procurement, the Standstill Period shall not apply.
31.1 The Procuring Entity shall send to each Consultant (that
31. Notific has not already been notified that it has been unsuccessful)
ation of the Notification of Intention to Award the Contract to the
Intention to successful Consultant. The Notification of Intention to
Award Award shall contain, at a minimum, the following
information:
(a) the name and address of the Consultant with whom
the client successfully negotiated a contract;
(b) the contract price of the successful Tender;
(c) the names of all Consultants included in the short
list, indicating those that submitted Tenders;
(d) where the selection method requires, the price
offered by each Consultant as read out and as
evaluated;
(e) the overall technical scores and scores assigned for
each criterion and sub-criterion to each Consultant;

(f) the final combined scores and the final ranking of
the Consultants;
(g) a statement of the reason(s) why the recipient’s
Tender was unsuccessful unless the combined score
in (f) above already reveals the reason;
(h) the expiry date of the Standstill Period; and
(i) instructions on how to request a debriefing and/or
submit a complaint during the Standstill Period.
32.1 Upon expiry of the Standstill Period, specified in ITC 30.1
32. Notific or any extension thereof, and upon satisfactorily addressing
ation of any complaint that has been filed within the Standstill
Award Period, the Procuring Entity shall send a notification of
award to the successful Consultant, confirming the
Procuring Entity’s intention to award the Contract to the
successful Consultant and requesting the successful
Consultant to sign and return the draft negotiated Contract
within eight (8) Business Days from the date of receipt of
such notification. If specified in the Data Sheet, the client
shall simultaneously request the successful Consultant to
submit, within eight (8) Business Days, the Beneficial
Ownership Disclosure Form.
Contract Award Notice
Within ten (10) Business Days from the date of notification
of award of such request, the Procuring Entity shall publish
the Contract Award Notice which shall contain, at a
minimum, the following information:
(a) name and address of the Procuring Entity;
(b) name and reference number of the contract being
awarded, and the selection method used;
(c) names of the consultants that submitted Tenders, and
their Tender prices as read out at financial Tender
opening, and as evaluated;
(d) names of all Consultants whose Tenders were
rejected or were not evaluated, with the reasons
therefore;
(e) the name of the successful consultant, the final total
contract price, the contract duration, and a summary
of its scope; and.
(f) successful Consultant’s Beneficial Ownership
Disclosure Form, if specified in Data Sheet ITC

32.1.
32.2 The Contract Award Notice shall be published on the
Procuring Entity’s website with free access if available or
in at least one newspaper of national circulation in Nigeria
or the official gazette. The Procuring Entity shall also
publish the contract award notice online
33.1 On receipt of the Procuring Entity’s Notification of

33. Debriefing by Intention to Award referred to in ITC 31.1, an unsuccessful
the Procuring Consultant has three (3) Business Days to make a written
Entity request to the Procuring Entity for a debriefing. The
Procuring Entity shall provide a debriefing to all
unsuccessful Consultants whose request is received within
this deadline.
33.2 Where a request for debriefing is received within the

deadline, the Procuring Entity shall provide a debriefing
within five (5) Business Days, unless the Procuring Entity
decides, for justifiable reasons, to provide the debriefing
outside this timeframe. In that case, the standstill period
shall automatically be extended until five (5) Business
Days after such debriefing is provided. If more than one
debriefing is so delayed, the standstill period shall not end
earlier than five (5) Business Days after the last debriefing
takes place. The Procuring Entity shall promptly inform, by
the quickest means available, all Consultants of the
extended standstill period
33.3 Where a request for debriefing is received by the

Procuring Entity later than the three (3)-Business Day
deadline, the Procuring Entity should provide the
debriefing as soon as practicable, and normally no later
than fifteen (15) Business Days from the date of
publication of Public Notice of Award of contract.
Requests for debriefing received outside the three (3)-day
deadline shall not lead to an extension of the standstill
period.
33.4 Debriefings of unsuccessful Consultants may be done in

writing or verbally. The Consultants shall bear the costs of
attending such a debriefing meeting
34.1 The Contract shall be signed before the expiration of the
34. Signing Tender Validity Period and promptly after the expiry of the
Standstill Period, specified in ITC 30.1 or any extension
thereof, and upon satisfactorily addressing any complaint

of Contract that has been filed within the Standstill Period.
34.2 The Consultant is expected to commence the assignment
on the date and at the location specified in the Data Sheet.
35.1 The procedures for making a Procurement-related

35. Procur Complaint are as specified in the Data Sheet.
ement Related
Complaint
Section 2. Instructions to Consultants - Data Sheet 35
Section 2. Instructions to Consultants
E. Data Sheet
[“Notes to Procuring Entity” shown in brackets throughout the text are provided for
guidance to prepare the Data Sheet; they should be deleted from the final SBD to be sent to
the shortlisted Consultants]
[Where an e-procurement system is used, modify the relevant parts of the DS to reflect the e-
procurement process.]
ITC
Reference A. General
1 (b) [ Please note that the country of the Applicable Law in the contract form is
Nigeria]
1 (l) [delete if not applicable]

Electronic –Procurement System
The Procuring Entity shall use the following electronic-procurement system
to manage this Standard Bidding Document (SBD) process:
[insert name of the e-system and url address or link]
The electronic-procurement system shall be used to manage the following
part of the SBD process:
[list the parts of the process e.g. issuing SBD, submissions of Tenders, the
opening of Tenders, etc., and insert such additional information in this
Data Sheet as is required to describe these processes]
2.1 Name of the Procuring Entity:

Method of selection: as per
the Procurement Regulations (available on www…..)
2.2 Financial Tender to be submitted together with Technical Tender:

Yes No
The name of the assignment is:
2.3 A pre-Tender conference will be held: Yes or No

[If “Yes”, fill in the following:]

Date of pre-Tender conference:____________________________
Time: _________________________________________________
Address:
Telephone: Facsimile:
E-mail:
Contact person/conference coordinator:[insert name and title]
_____________________________
2.4 The Procuring Entity will provide the following inputs, project data,
reports, etc. to facilitate the preparation of the Tenders:
[list or state “N/A” if none]
4.1 [If “Unfair Competitive Advantage” applies to the selection, explain how it
is mitigated, including listing the reports, information, documents, etc. and
indicating the sources where these can be downloaded or obtained by the
shortlisted Consultants]
6.3.1 A list of debarred firms and individuals is available at the Bureau of

Public Procurement’s external website: www.
B. Preparation of Tenders
9.1 This SBD has been issued in the English language.
Tenders shall be submitted in _English language.]

All correspondence exchange shall be in _English____ language.
10.1 The Tender shall comprise the following:

For FULL TECHNICAL TENDER (FTP):
1st Inner Envelope with the Technical Tender:
(1) Letter of Authority or Power of Attorney
to sign the Tender
(2) TECH-1
(3) TECH-2
(4) TECH-3
(5) TECH-4
(6) TECH-5
(7) TECH-6
(8) TECH-7 Code of Conduct (ESHS) [Note

to Procuring Entity: include this for supervision of civil works
contracts: For supervision of civil works, the Consultant shall submit
the Code of Conduct that will apply to the Consultant’s Key Experts and
Non-Key Experts, to ensure compliance with good Environmental, Social,
Health, and Safety (ESHS) practice. In addition, the Consultant shall
submit an outline of how this Code of Conduct will be implemented. The
successful Consultant shall be required to implement the agreed Code of
Conduct upon contract award.]
OR
For SIMPLIFIED TECHNICAL TENDER (STP):
1st Inner Envelope with the Technical Tender:
(1) Letter of Authority or Power of Attorney
to sign the Tender
(2) TECH-1
(3) TECH-4
(4) TECH-5
(5) TECH-6
(6) TECH-7 Code of Conduct (ESHS) [Note

to Procuring Entity: include this for supervision of civil works
contracts: For supervision of civil works, the Consultant shall submit
the Code of Conduct that will apply to the Consultant’s Key Experts and
Non-Key Experts, to ensure compliance with good Environmental, Social,
Health, and Safety (ESHS) practice. The successful Consultant shall be
required to implement the agreed Code of Conduct upon contract award.]
AND
2nd Inner Envelope with the Financial Tender (if applicable):
(1) FIN-1
(2) FIN-2
(3) FIN-3
(4) FIN-4
(5) Statement of Undertaking (if required under Data Sheet 10.2 below)
10.2 Statement of Undertaking is required

Yes________, or No __________
[If Yes, make sure to include paragraph (e) in Form TECH-1]
11.1 Participation of Sub-consultants, Key Experts, and Non-Key Experts in

more than one Tender is permissible
Yes _________ or No________
12.1 Tenders must remain valid for [insert a number: normally between 30 and
120 days] days after the Tender submission deadline.
13.1 Clarifications may be requested no later than [insert number] days

before the submission deadline.
The contact information for requesting clarifications is:
Facsimile: E-mail:
14.1.1 Shortlisted Consultants may associate with

(a) non-shortlisted consultant(s): Yes ________ or No ______
Or
(b) other shortlisted Consultants: Yes ________ or No ______
14.1.2 [If not used, state “Not applicable”. If used, insert the following:
(do not use Estimated input of Key Experts’ time-input: __________person-months.
for Fixed [OR]
Budget
method) Estimated total cost of the assignment:_____________
[Indicate only either time input (in person-month) or total cost, but not
both!]
14.1.3 [If not used, state “Not applicable”. If used, insert the following:
for time- The Consultant’s Tender must include the minimum Key Experts’ time-
based input of __________person-months.
contracts For the evaluation and comparison of Tenders only: if a Tender
only includes less than the required minimum time input, the missing time
input (expressed in person-month) is calculated as follows:
The missing time input is multiplied by the highest remuneration rate
for a Key Expert in the Consultant’s Tender and added to the total
remuneration amount. Tenders that quoted higher than the required
minimum of time input will not be adjusted.
14.1.4 and The total available budget for this Fixed-Budget assignment is:
27.2 ___________ (inclusive or exclusive of taxes). Tenders exceeding the
total available budget will be rejected.
use for
Fixed [If inclusive, indicate tax estimates separately]
Budget
method
15.2 The format of the Technical Tender to be submitted is:

FTP ________ or STP __________ [check the applicable format].
Submission of the Technical Tender in the wrong format may lead to the
Tender being deemed non-responsive to the SBD requirements.
16.1 [A sample list is provided below for guidance. Items that are not applicable
should be deleted, others may be added. If the Procuring Entity wants to set
up maximum ceilings for unit rates of a certain type of expense, such
ceilings should be indicated in the FIN forms.
(1) a per diem allowance, including hotel, for experts for every day of
absence from the home office for the Services;
(2) cost of travel by the most appropriate means of transport and the most
direct practicable route;
(3) cost of office accommodation, including overheads and back-stop
support;
(4) communications costs;
(5) cost of purchase or rent or freight of any equipment required to be
provided by the Consultants;

(6) cost of reports production (including printing) and delivery to the
Procuring Entity;
(7) other allowances where applicable and provisional or fixed sums (if
any)]
(8) [insert relevant type of expenses, if/as applicable]
16.2 A price adjustment provision applies to remuneration rates:

Yes ________ or No ___________
[Applies to all Time-Based contracts with a duration exceeding 18 months.
In exceptional circumstances, can also apply to Lump-Sum contracts
assignments longer than 18 months in duration with prior agreement with
the Bureau of Public Procurement.]
[If “Yes”, specify whether it applies to foreign and/or local inflation]
16.3 [If the Procuring Entity has obtained a tax exemption applicable to the
Contract, insert “The Procuring Entity has obtained an exemption for
the Consultant from payment of ___________ [insert the tax description.
E.g., VAT, local indirect taxes, etc.] in the Procuring Entity’s country as
per [insert reference to the applicable official source that issued an
exemption].
[If there is no tax exemption in the Procuring Entity’s country, insert the
following:
“Information on the Consultant’s tax obligations in the Procuring
Entity’s country can be found [insert reference to the appropriate official
source]. “
16.4 The Financial Tender shall be stated in Naira:

Consultant may express the price for their Services in any fully convertible
currency, singly or in a combination of up to three foreign currencies,
provided that it is all converted to naira.
.
C. Submission, Opening, and Evaluation
17.1 The Consultants [insert “shall” or “shall not”] have the option of
submitting their Tenders electronically.

[If “Yes”, insert: The electronic submission procedures shall be: [describe
the submission procedure.]
17.4 The Consultant must submit:

(a) Technical Tender: one (1) original and _____ [insert number] copies;
(b) Financial Tender: one (1) original.
17.7 and The Tenders must be submitted no later than:

17.9 Date: ____day/month/year [for example, 15 January 2011]
Time: ____ [insert time in 24h format, for example, “16:00 local time”]
The time allowed for the preparation and submission of Tenders shall be
determined with due consideration to the particular circumstances of the
project and the magnitude and complexity of the procurement. The period
allowed shall be at least thirty (30) Business Days unless otherwise agreed
with the Bureau of Public Procurement]
The Tender submission address is:
19.1 An online option for the opening of the Technical Tenders is offered:
Yes ____or No________
[If yes, insert “The online opening procedure shall be: [describe the
procedure for online opening of Technical Tenders.]
The opening shall take place at:
[Insert: “same as the Tender submission address” OR insert and fill in the
following:
Street Address:_______________
Floor, room number___________
City:_______________________
Nigeria
Date: same as the submission deadline indicated in 17.7.
Time: [insert time in 24h format, for example – “16:00 local time]
[The time should be immediately after the time for the submission deadline
stated in 17.7]
19.2 In addition, the following information will be read aloud at the opening
of the Technical Tenders ________ [insert “N/A” or state what additional
information will be read out and recorded in the opening minutes]
21.1 Criteria, sub-criteria, and point system for the evaluation of the Full
Technical Tenders:
(for FTP)
Points
(i) Specific experience of the Consultant (as a firm) relevant to the
Assignment: [0 - 10]
ii) Adequacy and quality of the proposed methodology, and work
plan in responding to the Terms of Reference (TORs):
[20 - 50]
[Notes to Consultant: the Procuring Entity will assess whether the

proposed methodology is clear, responds to the TORs, a work plan is
realistic and implementable; overall team composition is balanced and
has an appropriate skills mix, and the work plan has the right input
from Experts]
(iii) Key Experts’ qualifications and competence for the Assignment:

{Notes to Consultant: each position number corresponds to the same for
the Key Experts in Form TECH-6 to be prepared by the Consultant}
a) Position K-1: [Team Leader] [Insert points]
b) Position K-2: [Insert position title] [Insert points]
c) Position K-3:[Insert position title] [Insert points]
Total points for criterion (iii): [30 - 60]
The number of points to be assigned to each of the above positions shall be
determined considering the following three sub-criteria and relevant
percentage weights:
1) General qualifications (general education, training, and experience):
[insert weight between 10 and 20 %]
2) Adequacy for the Assignment (relevant education, training,
experience in the sector/similar assignments ) : [insert weight
between 60 and 80%]
3)[If relevant to the task, add the 3d sub-criterion: Relevant experience
in the region (working level fluency in local language(s)/knowledge of

local culture or administrative system, government organization, etc.):
[insert weight between 0 and 10 %]
Total weight: 100%
(iv) Transfer of knowledge (training) program (relevance of approach

and methodology): [normally, not to exceed 10
points]
Total points for criterion (iv): [0 – 10]
(v) Participation by nationals among proposed Key Experts [0 – 10]

[not to exceed 10 points] [Sub-criteria shall not be provided.
Calculated as a ratio of the national Key Experts’ time-input (in
person-months) to the total number of Key Experts’ time-input (in
person-months) in the Consultant’s Technical Tender]
Total points for the five criteria: 100
The minimum technical score (St) required to pass is: [insert

number]
[The indicative range is 70 to 85 on a scale of 1 to 100]
21.1 Criteria, sub-criteria, and point system for the evaluation of the Simplified
Technical Tenders are:
[for STP]
Points
(i) Adequacy and quality of the proposed methodology, and work plan
in responding to the Terms of Reference:
Total points for criterion (i): [20 - 40]
(ii) Key Experts’ qualifications and competence for the Assignment:

{Notes to Consultant: each position number corresponds to the same for
Key Experts in Form TECH-6 to be prepared by the Consultant}
a) Position K-1: [Team Leader] [Insert points]
b) Position K-2: [Insert position title] [Insert points]
c) Position K-3:[Insert position title] [Insert points]
Total points for criterion (ii): [ 60-80]

Total points for the two criteria: 100
The minimum technical score (St) required to pass is: [insert
number]
[The indicative range is 70 to 85 on a scale of 1 to 100]
Public Opening of Financial Tenders
23.4 An online option for the opening of the Financial Tenders is offered:
Yes ____or No________.
[If yes, insert “The online opening procedure shall be: [describe the
procedure for online opening of Financial Tenders.]
23.5 Following the completion of the evaluation of the Technical Tenders, the
Procuring Entity will notify all Consultants of the location, date, and time of
the public opening of the Financial Tenders.
Any interested party who wishes to attend this public opening should
contact [insert name and contact details for responsible officer] and
request to be notified of the location, date, and time of the public opening
of Financial Tenders. The request should be made before the deadline for
submission of Tenders, stated above.
Alternatively, a notice of the public opening of Financial Tenders may be
published on the Procuring Entity’s website, if available.
25.1 For the evaluation, the Procuring Entity will exclude: (a) all local
identifiable indirect taxes such as sales tax, excise tax, VAT, or similar taxes
levied on the contract’s invoices; and (b) all additional local indirect tax on
the remuneration of services rendered by non-resident experts in the
Procuring Entity’s country. If a Contract is awarded, at Contract
negotiations, all such taxes will be discussed, finalized (using the itemized
list as guidance but not limiting to it), and added to the Contract amount as a
separate line, also indicating which taxes shall be paid by the Consultant and
which taxes are withheld and paid by the Procuring Entity on behalf of the
Consultant.
26.1 The single currency for the conversion of all prices expressed in various
currencies into a single one is: [indicate local currency or
fully convertible foreign currency]

The official source of the selling (exchange) rate is:
The date of the exchange rate is:
[The date shall not be earlier than four (4) weeks before the deadline for
submission of Tenders and no later than the date of the original validity of
Tenders.]
27.1 The lowest evaluated Financial Tender (Fm) is given the maximum
financial score (Sf) of 100.
(QCBS
only) The formula for determining the financial scores (Sf) of all other
Tenders is calculated as follows:
Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest
price, and “F” is the price of the Tender under consideration.
[or replace with another inversely proportional formula acceptable to the
Bureau of Public Procurement]
The weights given to the Technical (T) and Financial (P) Tenders are:
T= [Insert weight], and
P = _______[Insert weight]
Tenders are ranked according to their combined technical (St) and financial
(Sf) scores using the weights (T = the weight given to the Technical Tender;
P = the weight given to the Financial Tender; T + P = 1) as follows: S = St
x T% + Sf x P%.
D. Negotiations and Award
28.1 Expected date and address for contract negotiations:

Date: ________________ day/month/year [for example, 15 January 2016]
Address: __________________________
32.1 The successful Consultant [shall] or [shall not] submit the Beneficial
Ownership Disclosure Form.
34.2 Expected date for the commencement of the Services:

Date:_______[insert month and year] at: [insert location]
35.1 The procedures for making a Procurement-related Complaint are detailed in

“(Annex III).” If a Consultant wishes to make a Procurement-related
Complaint, the Consultant shall submit its complaint following these
procedures, In Writing (by the quickest means available, such as by email or
fax), to:
For the attention: [insert full name of the person receiving complaints]
Title/Position: [insert title/position]
Procuring Entity: [insert name of Procuring Entity]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
In summary, a Procurement-related Complaint may challenge any of the
following:
1. the terms of this Standard Bidding Document;
2. the Procuring Entity’s decision to exclude a Consultant from the
procurement process before the award of the contract; and
3. the Procuring Entity’s decision to award the contract.
Section 3. Technical Tender – Standard Forms

{Notes to Consultant shown in brackets { } throughout Section 3 guide the Consultant to
prepare the Technical Tender; they should not appear on the Tenders to be submitted.}
CHECKLIST OF REQUIRED FORMS

Required for
Page Limit
FTP or STP FORM DESCRIPTION
✓
FTP STP
✓ ✓ TECH-1 Technical Tender Submission Form.
TECH-1 If the Tender is submitted by a joint venture,
✓ If
Attachment attach a letter of intent or a copy of an existing
applicable
agreement.
Power of No pre-set format/form. In the case of a Joint
Attorney Venture, several are required: a power of attorney
✓ If for the authorized representative of each JV
applicable member, and a power of attorney for the
representative of the lead member to represent all
JV members
TECH-2 Consultant’s Organization and Experience.
✓
✓ TECH-2A A. Consultant’s Organization

TECH-2B B. Consultant’s Experience
✓
TECH-3 Comments or Suggestions on the Terms of

✓ Reference and Counterpart Staff and Facilities to
be provided by the Procuring Entity.
✓ TECH-3A A. On the Terms of Reference
✓ TECH-3B B. On the Counterpart Staff and Facilities
TECH-4 Description of the Approach, Methodology, and
✓ ✓
Work Plan for Performing the Assignment
✓ ✓ TECH-5 Work Schedule and Planning for Deliverables
TECH-6 Team Composition, Key Experts Inputs, and
✓ ✓
attached Curriculum Vitae (CV)
✓ ✓ TECH-7 Code of Conduct (ESHS)
All pages of the original Technical and Financial Tender shall be initialed by the same
authorized representative of the Consultant who signs the Tender.
FORM TECH-1
TECHNICAL TENDER SUBMISSION FORM
{Location, Date}
To: [Name and address of Procuring Entity]
Dear Sirs:
We, the undersigned, offer to provide consulting services for [Insert title of
assignment] per your Standard Bidding Documents (SBD) dated [Insert Date] and our
Tender. [Select appropriate wording depending on the selection method stated in the SBD:
“We are hereby submitting our Tender, which includes this Technical Tender and a Financial
Tender sealed in a separate envelope” or if only a Technical Tender is invited “We hereby are
submitting our Tender, which includes this Technical Tender only in a sealed envelope.”].
{If the Consultant is a joint venture, insert the following: We are submitting our
Tender for a joint venture with {Insert a list with the full name and the legal address of each
member, and indicate the lead member}. We have attached a copy {insert: “of our letter of
intent to form a joint venture” or, if a JV is already formed, “of the JV agreement”} signed by
every participating member, which details the likely legal structure of and the confirmation of
joint and severable liability of the members of the said joint venture.
{OR
If the Consultant’s Tender includes Sub-consultants, insert the following: We are submitting
our Tender with the following firms as Sub-consultants: {Insert a list with the full name and
address of each Sub-consultant.}
We hereby declare that:
(a) All the information and statements made in this Tender are true and we accept
that any misinterpretation or misrepresentation contained in this Tender may
lead to our disqualification by the Procuring Entity and/or may be sanctioned
by the Bureau of Public Procurement.
(b) Our Tender shall be valid and remain binding upon us for the period specified
in the Data Sheet, ITC 12.1.
(c) We have no conflict of interest per ITC 3.

(d) We meet the eligibility requirements as stated in ITC 6, and we confirm our
understanding of our obligation to abide by the Bureau of Public
Procurement’s policy regarding Fraud and Corruption as per ITC 5.
(e) We, along with any of our sub-consultants, subcontractors, suppliers, or service
providers for any part of the contract, are not subject to, and not controlled by
any entity or individual that is subject to, a temporary suspension or a
debarment imposed by Nigeria’s Bureau of Public Procurement. Further, we
are not ineligible under the Procuring Entity’s country's laws or official
regulations or a decision of the United Nations Security Council;
(f) [Note to Procuring Entity: Only if required in ITC10.2 (Data Sheet 10.2),
including the following: In competing for (and, if the award is made to us, in
executing) the Contract, we undertake to observe the laws against fraud and
corruption, including bribery, in force in the country of the Procuring Entity.]
(g) Except as stated in the Data Sheet, ITC 12.7, we undertake to negotiate a
Contract based on the proposed Key Experts. We accept that the substitution of
Key Experts for reasons other than those stated in ITC 12 and ITC 28.4 may
lead to the termination of Contract negotiations.
(h) Our Tender is binding upon us and subject to any modifications resulting from
the Contract negotiations.
We undertake, if our Tender is accepted and the Contract is signed, to initiate the Services
related to the assignment no later than the date indicated in ITC 34.2 of the Data Sheet.
We understand that the Procuring Entity is not bound to accept any Tender that the Procuring
Entity receives.
We remain,
Yours sincerely,
_________________________________________________________________
Signature (of Consultant’s authorized representative) {In full and initials}:
Full name: {insert full name of authorized representative}

Title: {insert title/position of authorized representative}
Name of Consultant (company’s name or JV’s name):
Capacity: {insert the person’s capacity to sign for the Consultant}
Address: {insert the authorized representative’s address}
Phone/fax: {insert the authorized representative’s phone and fax number, if
applicable}
Email: {insert the authorized representative’s email address}
{For a joint venture, either all members shall sign or only the lead member, in which
case the power of attorney to sign on behalf of all members shall be attached}
(b)
FORM TECH-2 (FOR FULL TECHNICAL TENDER ONLY)
CONSULTANT’S ORGANIZATION AND EXPERIENCE
Form TECH-2: a brief description of the Consultant’s organization and an outline of the
recent experience of the Consultant that is most relevant to the assignment. In the case of a
joint venture, information on similar assignments shall be provided for each partner. For each
assignment, the outline should indicate the names of the Consultant’s Key Experts and Sub-
consultants who participated, the duration of the assignment, the contract amount (total and, if
it was done in a form of a joint venture or a sub-consultancy, the amount paid to the
Consultant), and the Consultant’s role/involvement.
A - Consultant’s Organization
1. Provide here a brief description of the background and organization of your company, and
– in case of a joint venture – of each member for this assignment.
2. Include an organizational chart, a list of the Board of Directors, and beneficial ownership.
[If required under Data Sheet ITC 32.1, the successful Consultant shall provide additional
information on beneficial ownership, using the Beneficial Ownership Disclosure Form.]
B - Consultant’s Experience
1. List only previous similar assignments completed in the last [.....] years.
2. List only those assignments for which the Consultant was legally contracted by the
Procuring Entity as a company or was one of the joint venture members. Assignments
completed by the Consultant’s experts working privately or through other consulting firms
cannot be claimed as the relevant experience of the Consultant, or that of the Consultant’s
partners or sub-consultants, but can be claimed by the Experts themselves in their CVs.
The Consultant should be prepared to substantiate the claimed experience by presenting
copies of relevant documents and references if so requested by the Procuring Entity.
Duration Assignment name/& Name of Approx. Role on the

brief description of main Procuring Contract value Assignment
deliverables/outputs Entity & (in US$
Nigeria of equivalent)/
Assignment Amount paid to
your firm
{e.g., {e.g., “Improvement {e.g., Ministry of {e.g., US$1 {e.g., Lead

Jan.2009– quality of...............”: ......, Nigeria} mill/US$0.5 partner in a JV
Apr.2010} designed master plan for mill} A&B&C}
rationalization of ........; }
{e.g., Jan- {e.g., “Support to sub- {e.g., {e.g., US$0.2 {e.g., sole
May national government.....” : municipality mil/US$0.2 mil} Consultant}
2008} drafted secondary level of........., Nigeria}
regulations on..............}
FORM TECH-3 (FOR FULL TECHNICAL TENDER)
COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE,

COUNTERPART STAFF, AND FACILITIES TO BE PROVIDED BY THE
PROCURING ENTITY
Form TECH-3: comments and suggestions on the Terms of Reference that could improve the
quality/effectiveness of the assignment; and on requirements for counterpart staff and
facilities, which are provided by the Procuring Entity, including administrative support, office
space, local transportation, equipment, data, etc.
A - On the Terms of Reference
{improvements to the Terms of Reference, if any}
B - On Counterpart Staff and Facilities
{comments on counterpart staff and facilities to be provided by the Procuring Entity. For
example, administrative support, office space, local transportation, equipment, data,
background reports, etc., if any}
DESCRIPTION OF APPROACH, METHODOLOGY, AND WORK PLAN IN

RESPONDING TO THE TERMS OF REFERENCE
Form TECH-4: a description of the approach, methodology, and work plan for performing the
assignment, including a detailed description of the proposed methodology and staffing for
training, if the Terms of Reference specify training as a specific component of the assignment.
{Suggested structure of your Technical Tender (in FTP format):
a) Technical Approach and Methodology

b) Work Plan
c) Organization and Staffing}
a) Technical Approach and Methodology. {Please explain your understanding of the
objectives of the assignment as outlined in the Terms of Reference (TORs), the
technical approach, and the methodology you would adopt for implementing the tasks
[Note to Procuring Entity: add the following for supervision of civil works
contracts: including the Environmental, Social (including sexual exploitation and
abuse (SEA) and gender-based violence (GBV)), Health and Safety (ESHS) aspects]
to deliver the expected output(s), and the degree of detail of such output. Please do not
repeat/copy the TORs here.}
b) Work Plan. {Please outline the plan for the implementation of the main
activities/tasks of the assignment, their content and duration, phasing and
interrelations, milestones (including interim approvals by the Procuring Entity), and
tentative delivery dates of the reports. The proposed work plan should be consistent
with the technical approach and methodology, showing your understanding of the
TOR and your ability to translate them into a feasible working plan. A list of the final
documents (including reports) to be delivered as final output(s) should be included
here. The work plan should be consistent with the Work Schedule Form.}
c) Organization and Staffing. {Please describe the structure and composition of your
team, including the list of the Key Experts, Non-Key Experts, and relevant technical
and administrative support staff.}
FORM TECH-4 (FOR SIMPLIFIED TECHNICAL TENDER ONLY)
DESCRIPTION OF APPROACH, METHODOLOGY, AND WORK PLAN FOR

PERFORMING THE ASSIGNMENT
Form TECH-4: a description of the approach, methodology, and work plan for performing the
assignment, including a detailed description of the proposed methodology and staffing for
training, if the Terms of Reference specify training as a specific component of the assignment.
{Suggested structure of your Technical Tender}

a) Technical Approach, Methodology, and Organization of the Consultant’s team.
{Please explain your understanding of the objectives of the assignment as outlined in
the Terms of Reference (TOR), the technical approach, and the methodology you
would adopt for implementing the tasks [Note to Procuring Entity: add the following
for supervision of civil works contracts: including the Environmental, Social
(including sexual exploitation and abuse (SEA) and gender-based violence (GBV)),
Health and Safety (ESHS) aspects] to deliver the expected output(s); the degree of
detail of such output; and describe the structure and composition of your team. Please
do not repeat/copy the TORs here.}
b) Work Plan and Staffing. {Please outline the plan for the implementation of the main
activities/tasks of the assignment, their content and duration, phasing and
interrelations, milestones (including interim approvals by the Procuring Entity), and
tentative delivery dates of the reports. The proposed work plan should be consistent
with the technical approach and methodology, showing an understanding of the TOR
and the ability to translate them into a feasible working plan and work schedule
showing the assigned tasks for each expert. A list of the final documents (including
reports) to be delivered as final output(s) should be included here. The work plan
should be consistent with the Work Schedule Form.}
c) Comments (on the TOR and counterpart staff and facilities)
{Your suggestions should be concise and to the point, and incorporated into your
Tender. Please also include comments, if any, on counterpart staff and facilities to be
provided by the Procuring Entity. For example, administrative support, office space,
local transportation, equipment, data, background reports, etc.}
FORM TECH-5 (FOR FTP AND STP)
WORK SCHEDULE AND PLANNING FOR DELIVERABLES
Months
N° Deliverables 1 (D-..)
1 2 3 4 5 6 7 8 9 ..... n TOTAL
D-1 {e.g., Deliverable #1: Report A
1) data collection
2) drafting
3) inception report
4) incorporating comments
5) delivery of the final report to
Procuring Entity}
D-2 {e.g., Deliverable #2:...............}
1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Procuring Entity’s approvals. For
phased assignments, indicate the activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in a form of a bar chart.
3. Include a legend, if necessary, to help read the chart.
FORM TECH-6 (FOR FTP AND STP)
TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS’ INPUTS
Total time-input
Expert’s input (in person/month) per each Deliverable (listed in TECH-5)
N° Name (in Months)
Position D-1 D-2 D-3 ........ D-... Home Field Total
KEY EXPERTS
{e.g., Mr. Abbbb} [Home] [2 [1.0] [1.0]
[Team
K-1 Leader]
months]
[Field] [0.5 m] [2.5] [0]
K-2
K-3
Subtotal
NON-KEY EXPERTS
N- [Home]
1 [Field]
N-
2
Subtotal
Total
1 For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC21.1.
2 Months are counted from the start of the assignment/mobilization. One (1) month equals twenty-two (22) working (billable) days. One working (billable)
day shall be not less than eight (8) working (billable) hours.
3 “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Procuring Entity’s country or any other
country outside the expert’s country of residence.
Full-time input
Part-time input
FORM TECH-6
(CONTINUED)
CURRICULUM VITAE (CV)
Position Title and No. {e.g., K-1, TEAM LEADER}
Name of Expert: {Insert full name}
Date of Birth: {day/month/year}
Country of Citizenship/Residence
Education: {List college/university or other specialized education, giving names of

educational institutions, dates attended, degree(s)/diploma(s) obtained}
________________________________________________________________________
Employment record relevant to the assignment: {Starting with present position, list in
reverse order. Please provide dates, name of employing organization, titles of positions held,
types of activities performed and location of the assignment, and contact information of
previous clients and employing organization(s) who can be contacted for references. Past
employment that is not relevant to the assignment does not need to be included.}
Period Employing organization and Country Summary of

your title/position. Contact activities performed
information for references relevant to the
Assignment
[e.g., May [e.g., Ministry of ……,
2005- advisor/consultant to…
present]
For references: Tel…………/e-
mail……; Mr. Hbbbbb, deputy
minister]
Membership in Professional Associations and Publications:

______________________________________________________________________
Language Skills (indicate only languages in which you can work): ______________
______________________________________________________________________
Adequacy for the Assignment:
Detailed Tasks Assigned on Consultant’s Reference to Prior Work/Assignments

Team of Experts: that Best Illustrates Capability to Handle
the Assigned Tasks
{List all deliverables/tasks as in TECH- 5
in which the Expert will be involved)
Expert’s contact information: (e-mail …………………., phone……………)
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience, and I am available, as and when
necessary, to undertake the assignment in case of an award. I understand that any
misstatement or misrepresentation described herein may lead to my disqualification or
dismissal by the Procuring Entity, and/or sanctions by the Bureau of Public Procurement.
{day/month/year}
Name of Expert Signature Date
{day/month/year}
Name of authorized Signature Date

Representative of the Consultant
(the same who signs the Tender)
[Note to Procuring Entity: include this requirement for supervision of civil works contracts.]
Code of Conduct
Environmental, Social, Health, and Safety (ESHS)
The Consultant shall submit the Code of Conduct that will apply to the Consultant’s Key Experts and
Non-Key Experts, to ensure compliance with good Environmental, Social, Health, and Safety (ESHS)
practice as may be more fully described in the Term of Reference described in Section 7
The Consultant shall submit an outline of how the Code of Conduct will be implemented.
FORM TECH-7 (FOR SIMPLIFIED TECHNICAL TENDER ONLY)
[Note to Procuring Entity: include this requirement for supervision of civil works contracts.]
Code of Conduct
Environmental, Social, Health, and Safety (ESHS)
The Consultant shall submit the Code of Conduct that will apply to the Consultant’s Key Experts and
Non-Key Experts, to ensure compliance with good Environmental, Social, Health, and Safety (ESHS)
practice as may be more fully described in the Terms of Reference described in Section 7.
Section 4. Financial Tender – Standard Forms 63
Section 4. Financial Tender - Standard Forms

{Notes to Consultant shown in brackets { } guide the Consultant to prepare the Financial
Tenders; they should not appear on the Financial Tenders to be submitted.}
Financial Tender Standard Forms shall be used for the preparation of the Financial Tender
according to the instructions provided in Section 2.
FIN-1 Financial Tender Submission Form
FIN-2 Summary of Costs
FIN-3 Breakdown of Remuneration, including Appendix A “Financial Negotiations -

Breakdown of Remuneration Rates” in the case of QBS method
FIN-4 Reimbursable expenses

FORM FIN-1
FINANCIAL TENDER SUBMISSION FORM
{Location, Date}
To: [Name and address of Procuring Entity]
Dear Sirs:
We, the undersigned, offer to provide consulting services for [Insert title of
assignment] per your Standard Bidding Document dated [Insert Date] and our Technical
Tender.
Our attached Financial Tender is for the amount of {Indicate the corresponding to the
amount(s) currency(ies)} {Insert amount(s) in words and figures}, [Insert “including” or
“excluding”] of all indirect local taxes per ITC 25.1 in the Data Sheet. The estimated amount
of local indirect taxes is {Insert currency} {Insert amount in words and figures} which shall
be confirmed or adjusted, if needed, during negotiations. {Please note that all amounts shall
be the same as in Form FIN-2}.
Our Financial Tender shall be valid and remain binding upon us, subject to the
modifications resulting from Contract negotiations, for the period specified in the Data Sheet,
ITC 12.1.
Commissions and gratuities paid or to be paid by us to an agent or any third party

relating to preparation or submission of this Tender and Contract execution, paid if we are
awarded the Contract, are listed below:
Name and Address Amount and Purpose of Commission

of Agents Currency or Gratuity
{If no payments are made or promised, add the following statement: “No commissions or
gratuities have been or are to be paid by us to agents or any third party relating to this Tender
and Contract execution.”}
We understand you are not bound to accept any Tender you receive.
We remain,
Yours sincerely,
_________________________________________________________________
Signature (of Consultant’s authorized representative) {In full and initials}:
65
Full name: {insert full name of authorized representative}

Title: {insert title/position of authorized representative}
Name of Consultant (company’s name or JV’s name):
Capacity: {insert the person’s capacity to sign for the Consultant}
Address: {insert the authorized representative’s address}
Phone/fax: {insert the authorized representative’s phone and fax number, if
applicable}
Email: {insert the authorized representative’s email address}
{For a joint venture, either all members shall sign or only the lead member/consultant,
in which case the power of attorney to sign on behalf of all members shall be
attached}
FORM FIN-2 SUMMARY OF COSTS
Cost
{Consultant must state the proposed Costs per ITC 16.4 of the Data Sheet; delete columns that
are not used}
Item
{Insert Foreign {Insert Foreign {Nigeria Naira, if
{Insert Foreign
Currency # 2, if Currency # 3, if used and/or required (16.4
Currency # 1}
used} used} Data Sheet}
Cost of the Financial Tender
Including:
(1) Remuneration
(2) Reimbursables
Total Cost of the Financial Tender:

{Should match the amount in Form FIN-1}
Indirect Local Tax Estimates – to be discussed and finalized at the negotiations if the Contract is awarded
(i) {insert type of tax. e.g., VAT or sales

tax}
(ii) {e.g., income tax on non-resident

experts}
(iii) {insert type of tax}
Total Estimate for Indirect Local Tax:

Footnote: Payments will be made in the currency(ies) expressed above (Reference to ITC 16.4).
FORM FIN-3 BREAKDOWN OF REMUNERATION
When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis
for the calculation of the Contract’s ceiling amount; to calculate applicable taxes at contract negotiations; and, if needed, to establish
payments to the Consultant for possible additional services requested by the Procuring Entity. This Form shall not be used as a basis
for payments under Lump-Sum contracts
A. Remuneration
No. Person-month Time Input in {Currency {Currency # {Nigeria

Position (as {Currency# 3-
Name Remuneration Person/Month # 1- as in 2- as in Naira- as in
in TECH-6) as in FIN-2}
Rate (from TECH-6) FIN-2} FIN-2} FIN-2}
Key Experts
K-1 [Home]
[Field]
K-2
Non-Key Experts
N-1 [Home]
N-2 [Field]
Total Costs
Appendix A. Financial Negotiations - Breakdown of Remuneration Rates

1. Review of Remuneration Rates
1.1. The remuneration rates are made up of salary or a base fee, social costs, overheads,
profit, and any premium or allowance that may be paid for assignments away from
headquarters or a home office. An attached Sample Form can be used to provide a
breakdown of rates.
1.2. If the SBD requests the submission of a technical Tender only, the Sample Form is
used by the selected Consultant to prepare for the negotiations of the Contract. If the
SBD requests submission of the financial Tender, the Sample Form shall be
completed and attached to the Financial Form-3. Agreed (at the negotiations)
breakdown sheets shall form part of the negotiated Contract and be included in
Appendix D or C.
1.3. At the negotiations, the firm shall be prepared to disclose its audited financial
statements for the last three years, substantiate its rates, and accept that its proposed
rates and other financial matters are subject to scrutiny. The Procuring Entity is
charged with the custody of government funds and is expected to exercise prudence
in the expenditure of these funds.
1.4. Rate details are discussed below:
(i) Salary is the gross regular cash salary or fee paid to the individual in the firm’s
home office. It shall not contain any premium for work away from headquarters
or bonus (except where these are included by law or government regulations).
(ii) Bonuses are normally paid out of profits. To avoid double counting, any
bonuses shall not normally be included in the “Salary” and should be shown
separately. Where the Consultant’s accounting system is such that the
percentages of social costs and overheads are based on total revenue, including
bonuses, those percentages shall be adjusted downward accordingly. Where
national policy requires that 13 months’ pay be given for 12 months' work, the
profit element need not be adjusted downward. Any discussions on bonuses
shall be supported by audited documentation, which shall be treated as
confidential.
(iii) Social Charges are the costs of non-monetary benefits and may include, inter
alia, social security (including pension, medical, and life insurance costs) and
the cost of a paid sick and/or annual leave. In this regard, a paid leave during
public holidays or an annual leave taken during an assignment if no Expert’s
replacement has been provided is not considered social charges.
(iv) Cost of Leave. The principles of calculating the cost of total days leave per
annum as a percentage of basic salary is normally calculated as follows:
total days leave x 100

Leave cost as a percentage of salary = [ 365 - w - ph - v - s ]
Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.
Please note that leave can be considered as a social cost only if the Procuring
Entity is not charged for the leave taken.
(v) Overheads are the Consultant’s business costs that are not directly related to
the execution of the assignment and shall not be reimbursed as separate items
under the Contract. Typical items are home office costs (non-billable time,
time of senior Consultant’s staff monitoring the project, rent of headquarters’
office, support staff, research, staff training, marketing, etc.), the cost of
Consultant’s personnel not currently employed on revenue-earning projects,
taxes on business activities, and business promotion costs. During
negotiations, audited financial statements, certified as correct by an
independent auditor and supporting the last three years’ overheads, shall be
available for discussion, together with detailed lists of items making up the
overheads and the percentage by which each relates to basic salary. The
Procuring Entity does not accept an add-on margin for social charges,
overhead expenses, etc. for Experts who are not permanent employees of the
Consultant. In such case, the Consultant shall be entitled only to
administrative costs and a fee on the monthly payments charged for sub-
contracted Experts.
(vi) Profit is normally based on the sum of the Salary, Social costs, and
Overheads. If any bonuses paid regularly are listed, a corresponding
reduction shall be made in the profit amount. Profit shall not be allowed on
travel or any other reimbursable expenses.
(vii) Away from Home Office Allowance or Premium or Subsistence Allowances.
Some Consultants pay allowances to Experts working away from
headquarters or outside of the home office. Such allowances are calculated
as a percentage of salary (or a fee) and shall not draw overheads or profit.
Sometimes, by law, such allowances may draw social costs. In this case, the
amount of this social cost shall still be shown under social costs, with the net
allowance shown separately.
UNDP standard rates for a particular country may be used as a reference to
determine subsistence allowances.
Sample Form
Consultant: Country:
Assignment: Date:
Consultant’s Representations Regarding Costs and Charges
We hereby confirm that:
(a) the basic fees indicated in the attached table are taken from the firm’s payroll records
and reflect the current rates of the Experts listed which have not been raised other than within
the normal annual pay increase policy as applied to all the Consultant Experts;
(b) attached are true copies of the latest pay slips of the Experts listed;
(c) the away- from- home office allowances indicated below are those that the Consultant
has agreed to pay for this assignment to the Experts listed;
(d) the factors listed in the attached table for social charges and overhead are based on the
firm’s average cost experiences for the latest three years as represented by the firm’s financial
statements; and
(e) said factors for overhead and social charges do not include any bonuses or other
means of profit-sharing.
[Name of Consultant]
Signature of Authorized Representative Date
Name:
Title:
Consultant’s Representations Regarding Costs and Charges

(Model Form I)
(Expressed in {insert name of currency*})
Personnel 1 2 3 4 5 6 7 8
Basic
Remuneration Proposed Fixed
Social Away from Proposed Fixed Rate per Working
Rate per Overhead
Name Position Subtotal Profit2 Home Office Rate per Working Month/Day/Hour
Working Charges1 1
Allowance Month/Day/Hour 1
Month/Day/Yea
r
Home Office
Nigeria
{* If more than one currency is used, use additional table(s), one for each currency}
1. Expressed as a percentage of 1
2. Expressed as a percentage of 4
FORM FIN-4 BREAKDOWN OF REIMBURSABLE EXPENSES
When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis
for calculation of the Contract ceiling amount, to calculate applicable taxes at contract negotiations, and, if needed, to establish
payments to the Consultant for possible additional services requested by the Procuring Entity. This form shall not be used as a basis
for payments under Lump-Sum contracts
B. Reimbursable Expenses
Type of Reimbursable {Currency # 1- {Currency # 2- {Currency# 3- {Nigeria Naira-

N° Unit Unit Cost Quantity
Expenses as in FIN-2} as in FIN-2} as in FIN-2} as in FIN-2}
{e.g., Per diem allowances**} {Day}
{e.g., International flights} {Ticket}
{e.g., In/out airport

{Trip}
transportation}
{e.g., Communication costs
between Insert place and Insert
place}
{ e.g., reproduction of reports}
{e.g., Office rent}
....................................
{Training of the Procuring
Entity’s personnel – if required
in TOR}
Total Costs
Legend:
“Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her usual place of residence.
The client can set up a ceiling.
Section 5. Eligible Countries 74
Section 5. Eligible Countries
In reference to ITC 6.3.2, for the information of shortlisted Consultants, at present firms,
goods, and services from the following countries are excluded from this selection:
Under the ITC 6.3.2 (a): ________________ [list country/countries following approval by the
Bureau of Public Procurement to apply the restriction or state “none”]
Under the ITC 6.3.2 (b): ________________ [list country/countries or indicate “none”]
Section 6. Fraud and Corruption

(This Section 6, Fraud and Corruption shall not be modified)
1. Purpose
1.1 The Public Procurement Act 2007 as amended and the Bureau of Public Procurement’s
Code of Conduct apply concerning procurement under the Bureau of Public Procurement
operations.
2. Requirements
2.1 The Bureau of Public Procurement requires that Tenderers (applicants/Tenderers),
consultants, contractors, and suppliers; any sub-contractors, sub-consultants, service
providers or suppliers; any agents (whether declared or not); and any of their personnel,
observe the highest standard of ethics during the procurement process, selection and
contract execution of contracts, and refrain from Fraud and Corruption.
2.2 To this end, the Bureau of Public Procurement:

a. Defines, for this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain
financial or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of
another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing evidence
material to the investigation or making false statements to investigators to
materially impede a Bureau of Public Procurement 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
(b) acts intended to materially impede the exercise of the Bureau of Public
Procurement’s inspection and audit rights provided for under paragraph 2.2
e. below.
b. Rejects a Tender for award if the Bureau of Public Procurement determines that the
firm or individual recommended for award, any of its personnel, its agents, or its sub-
consultants, sub-contractors, service providers, suppliers, and/ or their employees, has,
directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practices in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take
other appropriate actions, including declaring misprocurement, if the Bureau of Public
Procurement determines at any time that representatives of the Tenderer or a recipient
of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices during the procurement process, selection and/or
execution of the contract in question, without the Tenderer having taken timely and
appropriate action satisfactory to the Bureau of Public Procurement to address such
practices when they occur, including by failing to inform the Bureau of Public
Procurement promptly at the time they knew of the practices;
d. Under the Public Procurement Act 2007 as amended and the Bureau of Public
Procurement’s Code of Conduct, the Bureau of Public Procurement’s , may sanction a
firm or individual, either indefinitely or for a stated period, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from
a contract, financially or in any other manner; 1 and (ii) to be a nominated 2 sub-
contractor, consultant, manufacturer or supplier, or service provider of an otherwise
eligible firm being awarded a contract;
e. Requires that a clause be included in bidding/Standard Bidding Documents documents
and contracts supported by the Bureau of Public Procurement, requiring (i) Tenderers
(applicants/Tenderers), consultants, contractors, and suppliers, and their sub-
contractors, sub-consultants, service providers, suppliers, agents personnel, permit the
Bureau of Public Procurement to inspect3 all accounts, records and other documents
relating to the procurement process, selection and/or contract execution, and to have
them audited by auditors appointed by the Bureau of Public Procurement.
1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation,
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-
contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such
contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the
Tenderer in its pre-qualification application or bid because it brings specific and critical experience and know-how that
allow the Tenderer to meet the qualification requirements for the particular bid; or (ii) appointed by the Tenderer.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities
undertaken by the Bureau of Public Procurement or persons appointed by the Bureau of Public Procurement to address
specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and
Corruption, through the appropriate mechanisms. Such activity includes but is not limited to: accessing and examining a
firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining
any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the
investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing
physical inspections and site visits; and obtaining third party verification of information.
77 | Page
Section 7. Terms of Reference

[Sample outline:
1. Background _______________________________
2. Objective(s) of the Assignment _____________________
3. Scope of Services, Tasks (Components), and Expected Deliverables

3.1 ______________________
3.2 [indicate if downstream work is required]
3.3 [indicate if training is a specific component of the assignment]
3.4 [indicate any sustainable procurement requirements that apply]
3.5 [Note to Procuring Entity: For ESHS, the scope of services of the consultant for
civil works supervision should be based on the following:
Ensure that the Contractor’s ESHS performance is per good international industry
practice and delivers the Contractor’s ESHS obligations.
The ESHS-related services include but are not limited to:

1. review and approve the Contractor’s Environment and Social Management
Plan (C-ESMP), including all updates and revisions (not less than once every
6 months);
2. review and approve ESHS provisions of method statements, implementation
plans, GBV/SEA prevention and response action plan, drawings, Tenders,
schedules, and all relevant Contractor’s documents;
3. review and consider the ESHS risks and impacts of any design change Tenders
and advise if there are implications for compliance with ESIA, ESMP,
consent/permits, and other relevant project requirements;
4. undertake audits, supervisions, and/or inspections of any sites where the
Contractor is undertaking activities related to the Works, to verify the
Contractor’s compliance with ESHS requirements including its GBV/SEA
obligations, with and without a contractor and/or client relevant
representatives, as necessary, but not less than once per month
5. undertake audits and inspections of the Contractor’s accident logs, community
liaison records, monitoring findings, and other ESHS-related documentation,
as necessary, to confirm the Contractor’s compliance with ESHS
requirements;
6. agree on remedial action/s and their timeframe for implementation in the event
of non-compliance with the Contractor’s ESHS obligations;
7. ensure appropriate representation at relevant meetings including site

meetings, and progress meetings to discuss and agree on appropriate actions
to ensure compliance with ESHS obligations;
8. check that the Contractor’s actual reporting (content and timeliness) is per the
Contractor’s contractual obligations;
9. review and critique, promptly, the Contractor’s ESHS documentation
(including regular reports and incident reports) regarding the accuracy and
efficacy of the documentation;
10. undertake liaison, from time to time and as necessary, with project
stakeholders to identify and discuss any actual or potential ESHS issues;
11. establish and maintain a grievance redress mechanism including types of
grievances to be recorded and how to protect confidentiality e.g of those
reporting allegations of GBV/SEA.
12. ensure any GBV/SEA instances and complaints that come to the attention of
the consultant are registered in the grievance redress mechanism
13. [add any other tasks as appropriate].
4. Team Composition & Qualification Requirements for the Key Experts (and any other
requirements which will be used for evaluating the Key Experts under Data Sheet 21.1 of
the ITC)
[Note to Procuring Entity: For supervision of civil works contracts, Key Expert/s with
sufficient qualifications and experience to provide Environment, Social (including sexual
exploitation and abuse (SEA) and gender-based violence (GBV)), Health and Safety
[ESHS] oversight shall be required. The Key Expert/s academic and professional
qualifications and experience to recognize and deliver good international industry practice
concerning Environment, Social (including sexual exploitation and abuse (SEA) and
gender-based violence (GBV)), and Health and Safety (ESHS) should be specified here.
The same expert positions should be included for evaluation in ITC 21.1].
5. Reporting Requirements and Time Schedule for Deliverables
[At a minimum, list the following:

(a) format, frequency, and contents of reports;
(b) the number of copies, and requirements for electronic submission (or on CD ROM).
Final reports shall be delivered in CD ROM in addition to the specified number of
hard copies;
(c) dates of submission;
(d) persons (indicate names, titles, submission address) to receive them; etc.
If the Services consist of or include the supervision of civil works, include the following
on ESHS reporting:
(e) “The Consultant shall provide immediate notification to the Procuring Entity should
any incident in the following categories occur while carrying out the Services. Full
79 | Page
details of such incidents shall be provided to the Procuring Entity within the
timeframe agreed with the Procuring Entity.
(i) confirmed or likely violation of any law or international agreement;
(ii) any fatality or serious (lost time) injury;
(iii) significant adverse effects or damage to private property (e.g. vehicle accident);
or
(iv) any allegation of gender-based violence (GBV), sexual exploitation or abuse
(SEA), sexual harassment or sexual misbehavior, rape, sexual assault, child
abuse or defilement, or other violations involving children,
(f) Ensure that contractor immediate notifications on ESHS aspects are shared with the
Procuring Entity immediately;
(g) Immediately inform and share with the Procuring Entity any immediate notification
related to ESHS incidents provided to the Consultant by the Contractor, and as
required of the Contractor as part of the Progress Reporting;
(h) Share with the Procuring Entity promptly the Contractor’s ESHS metrics, as
required of the Contractor as part of the Progress Reports.”
6. Procuring Entity’s Input and Counterpart Personnel
(a) Services, facilities and property to be made available to the Consultant by the
Procuring Entity: _______________________________ [list/specify]
(b) Professional and support counterpart personnel to be assigned by the Procuring

Entity to the Consultant’s team: _______________________________ [list/specify]
7. Environmental and Social Policy
[Note to Procuring Entity: for supervising civil works contracts:
The Procuring Entity should attach or refer to the Procuring Entity’s environmental,
social, health, and safety policies that will apply to the project. If these are not available,
the Procuring Entity should use the following guidance in drafting an appropriate policy
for the Works.
SUGGESTED CONTENT FOR AN ENVIRONMENTAL AND SOCIAL POLICY
(STATEMENT)
The Works’ policy goal, as a minimum, should be stated to integrate environmental
protection, occupational and community health and safety, gender, equality, child
protection, vulnerable people (including those with disabilities), sexual harassment,
gender-based violence (GBV), sexual exploitation and abuse (SEA), HIV/AIDS awareness
and prevention and wide stakeholder engagement in the planning processes, programs,
and activities of the parties involved in the execution of the Works. The Procuring Entity
is advised to consult with the Bureau of Public Procurement to agree on the issues to be
included which may also address: climate adaptation, land acquisition, and resettlement,
indigenous people, etc. The policy should set the frame for monitoring, continuously
improving processes and activities, and reporting on compliance with the policy.
The policy shall include a statement that, for the policy and/or code of conduct, the term
“child” / “children” means any person(s) under the age of 18 years.
The policy should, as far as possible, be brief but specific and explicit, and measurable,
to enable reporting of compliance with the policy and reporting requirement.
As a minimum, the policy is set out to the commitments to:
1. apply good international industry practices to protect and conserve the natural
environment and minimize unavoidable impacts;
2. provide and maintain a healthy and safe work environment and safe systems of work;
3. protect the health and safety of local communities and users, with particular concern
for those who are disabled, elderly, or otherwise vulnerable;
4. ensure that terms of employment and working conditions of all workers engaged in
the Works meet the requirements of the ILO labour conventions to which the host
country is a signatory;
5. be intolerant of, and enforce disciplinary measures for illegal activities. To be
intolerant of, and enforce disciplinary measures for GBV, inhumane treatment,
sexual activity with children, and sexual harassment;
6. incorporate a gender perspective and provide an enabling environment where
women and men have equal opportunity to participate in, and benefit from, the
planning and development of the Works;
7. work co-operatively, including with end users of the Works, relevant authorities,
contractors, and local communities;
8. engage with and listen to affected persons and organizations and be responsive to
their concerns, with special regard for vulnerable, disabled, and elderly people;
9. provide an environment that fosters the exchange of information, views, and ideas
that are free of any fear of retaliation, and protects whistleblowers;
10. minimize the risk of HIV transmission and mitigate the effects of HIV/AIDS
associated with the execution of the Works;
The policy should be signed by the senior manager of the Procuring Entity. This is to
signal the intent that it will be applied rigorously.
8. Code of Conduct
[Note to Procuring Entity: for supervision of civil works contracts:
A minimum requirement for the Code of Conduct should be set out by the Procuring Entity,
taking into consideration the issues, impacts, and mitigation measures identified, for
example, in:
81 | Page
● project reports e.g. ESIA/ESMP

● any particular GBV/SEA requirements
● consent/permit conditions (regulatory authority conditions attached to any permits or
approvals for the project)
● required standards including Nigeria’s Bureau of Public Procurement EHS Guidelines
● relevant international conventions, standards or treaties, etc., national, legal, and/or
regulatory requirements and standards (where these represent higher standards than
the Bureau of Public Procurement EHS Guidelines)
● relevant standards e.g. Workers’ Accommodation: Process and Standards (IFC and
EBRD)
● relevant sector standards e.g. workers’ accommodation
● grievance redress mechanisms.
The types of issues identified could include. risks associated with labor influx, the spread
of communicable diseases, sexual harassment, gender-based violence, illicit behavior,
crime, maintaining a safe environment, etc.]
[Amend the following instructions to the Consultant taking into account the above
considerations.]
A satisfactory code of conduct will contain obligations on all Consultant Experts that are
suitable to address the following issues, as a minimum. Additional obligations may be
added to respond to particular concerns of the region, the location, and the project sector
or specific project requirements. The code of conduct shall contain a statement that the
term “child” / “children” means any person(s) under the age of 18 years.
The issues to be addressed include:
1. Compliance with applicable laws, rules, and regulations
2. Compliance with applicable health and safety requirements to protect the local
community (including vulnerable and disadvantaged groups), the Consultant’s
Experts, the Procuring Entity’s personnel, and the Contractor’s personnel, including
sub-contractors and day workers (including wearing prescribed personal protective
equipment, preventing avoidable accidents and a duty to report conditions or practices
that pose a safety hazard or threaten the environment)
3. The use of illegal substances
4. Non-Discrimination in dealing with the local community (including vulnerable and
disadvantaged groups), the Consultant’s Experts, the Procuring Entity’s personnel,
and the Contractor’s personnel, including sub-contractors and day workers (for
example, based on family status, ethnicity, race, gender, religion, language, marital
status, age, disability (physical and mental), sexual orientation, gender identity,
political conviction or social, civic, or health status)
5. Interactions with the local community(ies), members of the local community (ies),
and any affected person(s) (for example to convey an attitude of respect, including to
their culture and traditions)
6. Sexual harassment (for example prohibiting the use of language or behavior, in

particular towards women and/or children, that is inappropriate, harassing, abusive,
sexually provocative, demeaning, or culturally inappropriate)
7. Violence, including sexual and/or gender-based violence (for example acts that inflict
physical, mental, or sexual harm or suffering, threats of such acts, coercion, and
deprivation of liberty
8. Exploitation includes sexual exploitation and abuse (for example the prohibition of
the exchange of money, employment, goods, or services for sex, including sexual
favors or other forms of humiliating, degrading behavior, exploitative behavior, or
abuse of power)
9. Protection of children (including prohibitions against sexual activity or abuse, or
otherwise unacceptable behavior towards children, limiting interactions with children,
and ensuring their safety in project areas)
10. Sanitation requirements (for example, to ensure workers use specified sanitary
facilities provided by their employer and not open areas)
11. Avoidance of conflicts of interest (such that benefits, contracts, employment, or any
sort of preferential treatment or favors, are not provided to any person with whom
there is a financial, family, or personal connection)
12. Respecting reasonable work instructions (including regarding environmental and
social norms)
13. Protection and proper use of property (for example, to prohibit theft, carelessness, or
waste)
14. Duty to report violations of this Code
15. Non-retaliation against personnel who report violations of the Code, if that report is
made in good faith
The Code of Conduct should be written in plain language and signed by each Expert to
indicate that they have:
1. received a copy of the code;
2. had the code explained to them;
3. acknowledged that adherence to this Code of Conduct is a condition of employment;
and
4. understood that violations of the Code can result in serious consequences, up to and
including dismissal, or referral to legal authorities.
A copy of the code shall be displayed in the Engineer’s office. It shall be provided in
appropriate languages.
9. ______________________]
83 | Page
Section 8. Conditions of Contract and Contract Forms 84
PART II
Section 8. Conditions of Contract and Contract Forms
Foreword
1. Part II includes two types of standard Contract forms for Consulting Services (a Time-
Based Contract and a Lump-Sum Contract) that are based on the contract forms included
in the harmonized Standard Bidding Documents (SBD).
2. Time-Based Contract. This type of contract is appropriate when it is difficult to define or

fix the scope and the duration of the services, either because they are related to activities
carried out by others for which the completion period may vary, or because the input of
the consultants required for attaining the objectives of the assignment is difficult to assess.
In time-based contracts, the Consultant provides services on a timed basis according to
quality specifications, and the Consultant’s remuneration is determined based on the time
spent by the Consultant in carrying out the Services and is based on (i) agreed-upon unit
rates for the Consultant’s experts multiplied by the actual time spent by the experts in
executing the assignment, and (ii) reimbursable expenses using actual expenses and/or
agreed unit prices. This type of contract requires the Procuring Entity to closely supervise
the Consultant and to be involved in the daily execution of the assignment.
3. Lump-Sum Contract. This type of contract is used mainly for assignments in which the
scope and the duration of the Services and the required output of the Consultant are
clearly defined. Payments are linked to outputs (deliverables) such as reports, drawings,
bills of quantities, bidding documents, or software programs. Lump-sum contracts are
easier to administer because they operate on the principle of a fixed price for a fixed
scope, and payments are due on clearly specified outputs and milestones. Nevertheless,
quality control of the Consultant’s outputs by the Procuring Entity is paramount.
4. The templates are designed for use in assignments with consulting firms and shall not be
used for contracting individual experts. These standard Contract forms are to be used for
complex and/or large value assignments, and/or for contracts above US$300,000
equivalent or more unless otherwise approved by the Bureau of Public Procurement.
Section 8. Conditions of Contract and Contract Forms (Time Based) 85
TIME-BASED FORM OF CONTRACT
STANDARD FORM OF CONTRACT
Consultant’s Services
Time-Based
Contents
Preface 87
A. GENERAL PROVISIONS 93
1.
Definitions 93
2.
Relationship between the Parties 94
3.
Law Governing Contract 94
4.
Language 94
5.
Headings 95
6.
Communications 95
7.
Location 95
8.
Authority of Member in Charge 95
9.
Authorized Representatives 95
10.
Fraud and Corruption 95
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT 96
11.
Effectiveness of Contract 96
12.
Termination of Contract for Failure to Become Effective 96
13.
Commencement of Services 96
14.
Expiration of Contract 96
15.
Entire Agreement 96
16.
Modifications or Variations 96
17.
Force Majeure 96
18.
Suspension 98
19.
Termination 98
C. OBLIGATIONS OF THE CONSULTANT 100
20.
General 100
21.
Conflict of Interest 101
22.
Confidentiality 102
23.
Liability of the Consultant 102
24.
Insurance to be taken out by the Consultant 102
25.
Accounting, Inspection and Auditing 103
26.
Reporting Obligations 103
27.
Proprietary Rights of the Procuring Entity in Reports and Records 103
28.
Equipment, Vehicles and Materials 104
D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS 104
31.
Approval of Additional Key Experts 105
32.
Removal of Experts or Sub-consultants 105
33.
Replacement/ Removal of Experts – Impact on Payments 105
34.
Working Hours, Overtime, Leave, etc. 105
E. OBLIGATIONS OF THE PROCURING ENTITY 106
35.
Assistance and Exemptions 106
36.
Access to Project Site 107
37.
Change in the Applicable Law Related to Taxes and Duties 107
38.
Services, Facilities and Property of the Procuring Entity 107
39.
Counterpart Personnel 107
40.
Payment Obligation 108
F. PAYMENTS TO THE CONSULTANT 108
41.
Ceiling Amount 108
42.
Remuneration and Reimbursable Expenses 108
43.
Taxes and Duties 109
44.
Currency of Payment 109
45.
Mode of Billing and Payment 109
46.
Interest on Delayed Payments 110
G. FAIRNESS AND GOOD FAITH 110
47.
Good Faith 110
H. SETTLEMENT OF DISPUTES 111
IV. Appendices 127
Appendix C – Remuneration Cost Estimates 127
Appendix D – Reimbursable Expenses Cost Estimates 131
Appendix E - Form of Advance Payments Guarantee 132
Preface
1. The standard Contract form consists of four parts: the Form of Contract to be signed by
the Procuring Entity and the Consultant, the General Conditions of Contract (GCC),
including Attachment 1 Fraud and Corruption; the Special Conditions of Contract (SCC);
and the Appendices.
2. The General Conditions of Contract, including Attachment 1 on Fraud and Corruption

shall not be modified. The Special Conditions of Contract that contain clauses specific to
each Contract intend to supplement, but not over-write or otherwise contradict the General
Conditions.
CONTRACT FOR CONSULTANT’S SERVICES

Time-Based
Project Name ___________________________
Assignment Title:__________________________
Contract No. ____________________________
between
[Name of the Procuring Entity]
and
[Name of the Consultant]
Dated:
I. Form of Contract
TIME-BASED
(Text in brackets [ ] is optional; all notes should be deleted in the final text)
This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month
of [month], [year], between, on the one hand, [name of Procuring Entity or Recipient]
(hereinafter called the “Procuring Entity”) and, on the other hand, [name of Consultant]
(hereinafter called the “Consultant”).
[If the Consultant consists of more than one entity, the above should be partially amended to
read as follows: “…(hereinafter called the “Procuring Entity”) and, on the other hand, a Joint
Venture (name of the JV) consisting of the following entities, each member of which will be
jointly and severally liable to the Procuring Entity for all the Consultant’s obligations under
this Contract, namely, [name of member] and [name of member] (hereinafter called the
“Consultant”).]
WHEREAS
(a) the Procuring Entity 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 Procuring Entity that it has the required
professional skills, expertise, and technical resources, has agreed to provide the
Services on the terms and conditions outlined in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
(a) The General Conditions of Contract (including Attachment 1 “Fraud and

Corruption”;
(b) The Special Conditions of Contract;
(c) Appendices:
Appendix A: Terms of Reference

Appendix B: Key Experts
Appendix C: Remuneration Cost Estimates
Appendix D: Reimbursables Cost Estimates
Appendix E: Form of Advance Payments Guarantee
Appendix F Code of Conduct (ESHS) [Note to Procuring Entity: to be
included for supervision of civil works contracts]
In the event of any inconsistency between the documents, the following order of
precedence shall prevail: the Special Conditions of Contract; the General Conditions
of Contract, including Attachment 1; Appendix A; Appendix B; Appendix C and
Appendix D; Appendix E; and Appendix F [Note to Procuring Entity: to be included
for supervision of civil works contracts]. Any reference to this Contract shall include,
where the context permits, a reference to its Appendices.
2. The mutual rights and obligations of the Procuring Entity and the Consultant shall be
as outlined in the Contract, in particular:
(a) the Consultant shall carry out the Services per the provisions of the Contract;
and
(b) the Procuring Entity shall make payments to the Consultant per 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 Procuring Entity]
[Authorized Representative of the Procuring Entity – name, title, and signature]
For and on behalf of [Name of Consultant or Name of a Joint Venture]
[Authorized Representative of the Consultant – name, and signature]
[For a joint venture, either all members shall sign or only the lead member, in which case
the power of attorney to sign on behalf of all members shall be attached.]
For and on behalf of each of the members of the Consultant [insert the name of the Joint
Venture]
[Name of the lead member]
[Authorized Representative on behalf of a Joint Venture]
[add signature blocks for each member if all are signing]

II. General Conditions of Contract

A. GENERAL PROVISIONS
1. Definitions 1.1. Unless the context otherwise requires, the following terms
whenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments
having the force of law in the Procuring Entity’s country, or in
such other country as may be specified in the Special Conditions
of Contract (SCC), as they may be issued and in force from time
to time.
(b) “Bureau of Public Procurement” means financial institutions,
including Bureau of Public Procurement and others.
(c) “Procuring Entity” means the implementing agency that signs the
Contract for the Services with the Selected Consultant.
(d) “Consultant” means a legally-established professional consulting
firm or entity selected by the Procuring Entity to provide the
Services under the signed Contract.
(e) “Contract” means the legally binding written agreement signed
between the Procuring Entity and the Consultant and which
includes all the attached documents listed in paragraph 1 of the
Form of Contract (the General Conditions (GCC), the Special
Conditions (SCC), and the Appendices).
(f) “Day” means a working day unless indicated otherwise.
(g) “Effective Date” means the date on which this Contract comes into
force and effect under Clause GCC 11.
(h) “Experts” means, collectively, Key Experts, Non-Key Experts, or
any other personnel of the Consultant, Sub-consultant, or JV
member(s) assigned by the Consultant to perform the Services or
any part thereof under the Contract.
(i) “Foreign Currency” means any currency other than Nigeria Naira.
(j) “GCC” means these General Conditions of Contract.
(k) “Government” means the government of the Procuring Entity’s
country.
(l) “Joint Venture (JV)” means an association with or without a legal
personality distinct from that of its members, of more than one
entity where one member has the authority to conduct all
businesses for and on behalf of any the members of the JV, and
where the members of the JV are jointly and severally liable to the
Procuring Entity for the performance of the Contract.
(m) “Key Expert(s)” means an individual professional whose skills,
qualifications, knowledge, and experience are critical to the
performance of the Services under the Contract and whose
Curricula Vitae (CV) was taken into account in the technical
evaluation of the Consultant’s Tender.
(n) “Local Currency” means Nigeria Naira.
(o) “Non-Key Expert(s)” means an individual professional provided by
the Consultant or its Sub-consultant to perform the Services or any
part thereof under the Contract.
(p) “Party” means the Procuring Entity or the Consultant, as the case
may be, and “Parties” means both of them.
(q) “SCC” means the Special Conditions of Contract by which the
GCC may be amended or supplemented but not over-written.
(r) “Services” means the work to be performed by the Consultant
under this Contract, as described in Appendix A hereto.
(s) “Sub-consultants” means an entity to whom/which the Consultant
subcontracts any part of the Services while remaining solely liable
for the execution of the Contract.
(t) “Third Party” means any person or entity other than the
Government, the Procuring Entity, the Consultant, or a Sub-
consultant.
2. Relationship 2.1. Nothing contained herein shall be construed as establishing a
between the relationship of master and servant or principal and agent as between the
Parties Procuring Entity and the Consultant. The Consultant, subject to this
Contract, has complete charge of the Experts and Sub-consultants, if
any, performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.
3. Law Governing 3.1. This Contract, its meaning and interpretation, and the relation
Contract between the Parties shall be governed by the Applicable Law.
4. Language 4.1. This Contract has been executed in the language specified in the
SCC, which shall be the binding and controlling language for all
matters relating to the meaning or interpretation of this Contract.
5. Headings 5.1. The headings shall not limit, alter or affect the meaning of this
Contract.
6. Communications 6.1. Any communication required or permitted to be given or made

under this Contract shall be in writing in the language specified in
Clause GCC 4. Any such notice, request, or consent shall be deemed to
have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or
when sent to such Party at the address specified in the SCC.
6.2. A Party may change its address for notice hereunder by giving
the other Party any communication of such change to the address
specified in the SCC.
7. Location 7.1. The Services shall be performed at such locations as are specified
in Appendix A hereto and, where the location of a particular task is not
so specified, at such locations, whether in the Government’s country or
elsewhere, as the Procuring Entity may approve.
8. Authority of 8.1. In case the Consultant is a Joint Venture, the members hereby
Member in authorize the member specified in the SCC to act on their behalf in
Charge exercising all the Consultant’s rights and obligations towards the
Procuring Entity under this Contract, including without limitation the
receiving of instructions and payments from the Procuring Entity.
9. Authorized 9.1. Any action required or permitted to be taken, and any document
Representatives required or permitted to be executed under this Contract by the
Procuring Entity or the Consultant may be taken or executed by the
officials specified in the SCC.
10. Fraud and 10.1 The Bureau of Public Procurement requires compliance with the
Corruption Bureau of Public Procurement’s Anti-Corruption Guidelines and its
prevailing sanctions policies and procedures as outlined in the Bureau
of Public Procurement’s Sanctions Framework, as outlined in
Attachment 1 to the GCC.
a. Commissions and 10.2 The Procuring Entity requires the Consultant to disclose any
Fees commissions or fees that may have been paid or are to be paid to agents
or any other party concerning the selection process or execution of the
Contract. The information disclosed must include at least the name and
address of the agent or other party, the amount and currency, and the
purpose of the commission, gratuity, or fee. Failure to disclose such
commissions, gratuities, or fees may result in termination of the
Contract and/or sanctions by the Bureau of Public Procurement.
B. COMMENCEMENT, COMPLETION, MODIFICATION, AND TERMINATION OF

CONTRACT
11. Effectiveness of 11.1. This Contract shall come into force and effect on the date (the
Contract “Effective Date”) of the Procuring Entity’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.
12. Termination of 12.1. If this Contract has not become effective within such period
Contract for after the date of Contract signature as specified in the SCC, either
Failure to Become Party may, by not less than twenty-two (22) days written notice to
Effective the other Party, declare this Contract to be null 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.
13. Commencement 13.1. The Consultant shall confirm the availability of Key Experts
of Services and begin carrying out the Services not later than the number of days
after the Effective Date specified in the SCC.
14. Expiration of 14.1. Unless terminated earlier under Clause GCC 19 hereof, this
Contract Contract shall expire at the end of the such period after the Effective
Date as specified in the SCC.
15. Entire Agreement 15.1. This Contract contains all covenants, stipulations, and
provisions agreed by the Parties. No agent or representative of either
Party has authority to make, and the Parties shall not be bound by or
be liable for, any statement, representation, promise, or agreement
not set forth herein.
16. Modifications or 16.1. Any modification or variation of the terms and conditions of
Variations this Contract, including any modification or variation of the scope
of the Services, may only be made by written agreement between
the Parties. However, each Party shall give due consideration to any
Tenders for modification or variation made by the other Party.
16.2. In cases of substantial modifications or variations, the prior

written consent of the Bureau of Public Procurement is required.
17. Force Majeure
a. Definition 17.1. For this Contract, “Force Majeure” means an event that is
beyond the reasonable control of a Party, is not foreseeable, is
unavoidable, and makes a Party’s performance of its obligations
hereunder impossible or so impractical as reasonably to be
considered impossible under the circumstances, and subject to those
requirements, includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action
confiscation or any other action by Government agencies.
17.2. Force Majeure shall not include (i) any event which is caused
by the negligence or intentional action of a Party or such Party’s
Experts, Sub-consultants or agents or employees, nor (ii) any event

which a diligent Party could reasonably have been expected to both
take into account at the time of the conclusion of this Contract and
avoid or overcome in the carrying out of its obligations hereunder.
17.3. Force Majeure shall not include insufficiency of funds or

failure to make any payment required hereunder.
b. No Breach of 17.4. The failure of a Party to fulfill any of its obligations

Contract hereunder shall 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 to carry out the terms and conditions of this Contract.
c. Measures to 17.5. A Party affected by an event of Force Majeure shall continue

be Taken to perform its obligations under the Contract as far as is reasonably
practical, and shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
17.6. 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) calendar days following the occurrence
of such event, providing evidence of the nature and cause of the
such event, and shall similarly give written notice of the restoration
of normal conditions as soon as possible.
17.7. Any period within which a Party shall, under 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
activities as a result of Force Majeure.
17.8. During the period of their inability to perform the Services as

a result of an event of Force Majeure, the Consultant, upon
instructions by the Procuring Entity, 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 Procuring
Entity, in reactivating the Services; or
(b) continue with the Services to the extent reasonably
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.
17.9. In the case of disagreement between the Parties as to the
existence or extent of Force Majeure, the matter shall be settled
according to Clauses GCC 48 & 49.
18. Suspension 18.1. The Procuring Entity may, by written notice of suspension to
the Consultant, suspend all 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 (i) shall specify the nature of the failure,
and (ii) shall request the Consultant to remedy such failure within a
period not exceeding thirty (30) calendar days after receipt by the
Consultant of such notice of suspension.
19. Termination 19. 1 This Contract may be terminated by either Party as per
provisions set up below:
a. By the 19.1.1 The Procuring Entity may terminate this Contract in
Procuring Entity case of the occurrence of any of the events specified in
paragraphs (a) through (f) of this Clause. In such an occurrence
the Procuring Entity shall give at least thirty (30) calendar days
written notice of termination to the Consultant in case of the
events referred to in (a) through (d); at least sixty (60) calendar
days written notice in case of the event referred to in (e); and at
least five (5) calendar days written notice in case of the event
referred to in (f):
(a) If the Consultant fails to remedy a failure in the
performance of its obligations hereunder, as specified in a
notice of suspension under Clause GCC 18;
(b) If the Consultant becomes (or, if the Consultant consists
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;
(c) If the Consultant fails to comply with any final decision
reached as a result of arbitration proceedings under
Clause GCC 49.1;
(d) If, as the result of Force Majeure, the Consultant is unable
to perform a material portion of the Services for not less
than sixty (60) calendar days;
(e) If the Procuring Entity, in its sole discretion and for any
reason whatsoever, decides to terminate this Contract;
(f) If the Consultant fails to confirm the availability of Key
Experts as required in Clause GCC 13.
19.1.2 if the Consultant, in the judgment of the Procuring Entity

has engaged in Fraud and Corruption, as defined in paragraph
2.2 of Attachment 1 to the GCC, in competing for or in
executing the Contract, then the Procuring Entity may, after
giving fourteen (14) calendar days written notice to the
Consultant, terminate the Consultant's employment under the
Contract.
b. By the 19.1.3 The Consultant may terminate this Contract, by not less
Consultant than thirty (30) calendar days written notice to the Procuring
Entity, in case of the occurrence of any of the events specified
in paragraphs (a) through (d) of this Clause.
(a) If the Procuring Entity fails to pay any money due to the
Consultant under this Contract and is not subject to dispute
under Clauses GCC 49.1 within forty-five (45) calendar
days after receiving written notice from the Consultant
that such payment is overdue.
(b) If, as the result of Force Majeure, the Consultant is unable
than sixty (60) calendar days.
(c) If the Procuring Entity fails to comply with any final
decision reached as a result of arbitration under Clause
GCC 49.1.
(d) If the Procuring Entity is in material breach of its
obligations under 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 Procuring Entity of
the Consultant’s notice specifying such breach.
c. Cessation of 19.1.4 Upon termination of this Contract under Clauses GCC
Rights and 12 or GCC 19 hereof, or expiration of this Contract under
Obligations Clause GCC 14, all rights and obligations of the Parties
hereunder shall cease, except (i) such rights and obligations as
may have accrued on the date of termination or expiration, (ii)
the obligation of confidentiality outlined in Clause GCC 22,
(iii) the Consultant’s obligation to permit inspection, copying
and auditing of their accounts and records outlined in Clause
GCC 25 and to cooperate and assist in any inspection or
investigation, and (iv) any right which a Party may have under
the Applicable Law.
d. Cessation of 19.1.5 Upon termination of this Contract by notice of either
Services Party to the other under Clauses GCC 19a or GCC 19b, 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. Concerning documents prepared by the Consultant
and equipment and materials furnished by the Procuring Entity,
the Consultant shall proceed as provided, respectively, by
Clauses GCC 27 or GCC 28.
e. Payment 19.1.6 Upon termination of this Contract, the Procuring
upon Entity shall make the following payments to the Consultant:
Termination
(a) remuneration for Services satisfactorily performed before
the effective date of termination, and reimbursable
expenditures for expenditures incurred before the effective
date of termination, and under Clause GCC 42;
(b) in the case of termination under paragraphs (d) and (e) of
Clause GCC 19.1.1, reimbursement of any reasonable cost
incidental to the prompt and orderly termination of this
Contract, including the cost of the return travel of the
Experts.
C. OBLIGATIONS OF THE CONSULTANT

20. General
a. Standard of 20.1 The Consultant shall perform the Services and carry out the
Performance Services with all due diligence, efficiency, and economy, per
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 the Services, as a faithful adviser to
the Procuring Entity, and shall at all times support and safeguard the
Procuring Entity’s legitimate interests in any dealings with the third
parties.
20.2 The Consultant shall employ and provide such qualified and
experienced Experts and Sub-consultants as are required to carry out
the Services.
20.3 The Consultant may subcontract part of the Services to an
extent and with such Key Experts and Sub-consultants as may be
approved in advance by the Procuring Entity. Notwithstanding such
approval, the Consultant shall retain full responsibility for the
Services.
b. Law 20.4 The Consultant shall perform the Services per the Contract
Applicable to and the Applicable Nigerian Law and shall take all practicable steps
Services to ensure that any of its Experts and Sub-consultants, comply with the
Applicable Law.
20.5 Throughout the execution of the Contract, the Consultant
shall comply with the import of goods and services prohibitions in
Nigeria when
(a) as a matter of law or official regulations, the Procuring
Entity’s country prohibits commercial relations with that
country; or
(b) by an act of compliance with a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations, Nigeria prohibits any
import of goods from that country or any payments to any
country, person, or entity in Nigeria.
20.6 The Procuring Entity shall notify the Consultant in writing of
relevant local customs, and the Consultant shall, after such
notification, respect such customs.
21. Conflict of Interest 21.1 The Consultant shall hold the Procuring Entity’s interests
paramount, without any consideration for future work, and strictly
avoid conflict with other assignments or their corporate interests.
a. Consultant 21.1.1 The payment of the Consultant under GCC F (Clauses
Not to Benefit GCC 41 through 46) shall constitute the Consultant’s only
from payment in connection with this Contract and, subject to Clause
Commissions, GCC 21.1.3, the Consultant shall not accept for its benefit any
Discounts, etc. trade commission, discount or similar payment in connection
with activities under this Contract or the discharge of its
obligations hereunder, and the Consultant shall use its best
efforts to ensure that any Sub-consultants, as well as the Experts
and agents of either of them, similarly shall not receive any such
additional payment.
21.1.2 Furthermore, if the Consultant, as part of the Services,
has the responsibility of advising the Procuring Entity on the
procurement of goods, works, or services, the Consultant shall
comply with the Bureau of Public Procurement’s Applicable
Regulations, and shall at all times exercise such responsibility in
the best interest of the Procuring Entity. Any discounts or
commissions obtained by the Consultant in the exercise of such
procurement responsibility shall be for the account of the
Procuring Entity.
b. Consultant 21.1.3 The Consultant agrees that, during the term of this
and Affiliates Contract and after its termination, the Consultant and any entity
Not to Engage affiliated with the Consultant, as well as any Sub-consultants
in Certain and any entity affiliated with such Sub-consultants, shall be
Activities disqualified from providing goods, works or non-consulting
services resulting from or directly related to the Consultant’s
Services for the preparation or implementation of the project.
c. Prohibition of 21.1.4 The Consultant shall not engage and shall cause its
Conflicting Experts as well as its Sub-consultants not to engage, either
Activities directly or indirectly, in any business or professional activities
that would conflict with the activities assigned to them under
this Contract.
d. Strict Duty to 21.1.5 The Consultant has an obligation and shall ensure that
Disclose its Experts and Sub-consultants shall have an obligation to
Conflicting disclose any situation of actual or potential conflict that
Activities impacts their capacity to serve the best interest of their
Procuring Entity, or that may reasonably be perceived as
having this effect. Failure to disclose said situations may lead
to the disqualification of the Consultant or the termination of
its Contract.
22. Confidentiality 22.1 Except with the prior written consent of the Procuring Entity,
the Consultant, and the Experts 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 Experts make
public the recommendations formulated in the course of, or as a
result of, the Services.
23. Liability of the 23.1 Subject to additional provisions, if any, outlined in the SCC,
Consultant the Consultant’s liability under this Contract shall be as determined
under the Applicable Law.
24. Insurance to be 24.1 The Consultant (i) shall take out and maintain, and shall cause
taken out by the any Sub-consultants to take out and maintain, at its (or the Sub-
Consultant consultants’, as the case may be) own cost but on terms and
conditions approved by the Procuring Entity, insurance against the
risks, and for the coverage specified in the SCC, and (ii) at the
Procuring Entity’s request, shall provide evidence to the Procuring
Entity showing that such insurance has been taken out and maintained
and that the current premiums, therefore, have been paid. The
Consultant shall ensure that such insurance is in place before
commencing the Services as stated in Clause GCC 13.
25. Accounting, 25.1 The Consultant shall keep, and shall make all reasonable
Inspection, and efforts to cause its Sub-consultants to keep, accurate and systematic
Auditing accounts and records in respect of the Services in such form and
detail as will identify relevant time changes and costs.
25.2. Under paragraph 2.2 e. of Appendix to the General

Conditions the Consultant shall permit and shall cause its
subcontractors and sub-consultants to permit, the Bureau of Public
Procurement and/or persons appointed by the Bureau of Public
Procurement to inspect the Site and/or the accounts and records
relating to the performance of the Contract and the submission of the
bid and to have such accounts and records audited by auditors
appointed by the Bureau of Public Procurement if requested by the
Bureau of Public Procurement. The Consultant’s and its
Subcontractors’ and sub-consultants attention are drawn to Sub-
Clause 10.1 which provides, inter alia, that acts intended to
materially impede the exercise of the Bureau of Public
Procurement’s inspection and audit rights constitute a prohibited
practice subject to contract termination (as well as to a determination
of ineligibility under the Bureau of Public Procurement’s prevailing
sanctions procedures).
26. Reporting 26.1 The Consultant shall submit to the Procuring Entity the
Obligations reports and documents specified in Appendix A, in the form, in the
numbers, and within the periods outlined in the said Appendix.
27. Proprietary Rights 27.1 Unless otherwise indicated in the SCC, all reports and
of the Procuring relevant data and information such as maps, diagrams, plans,
Entity in Reports databases, other documents, software, supporting records, or material
and Records compiled or prepared by the Consultant for the Procuring Entity in
the course of the Services shall be confidential and become and
remain the absolute property of the Procuring Entity. The Consultant
shall, not later than upon termination or expiration of this Contract,
deliver all such documents to the Procuring Entity, together with a
detailed inventory thereof. The Consultant may retain a copy of such
documents, data, and/or software but shall not use the same for
purposes unrelated to this Contract without the prior written approval
of the Procuring Entity.
27.2 If license agreements are necessary or appropriate between the
Consultant and third parties for purposes of development of the plans,
drawings, specifications, designs, databases, other documents, and
software, the Consultant shall obtain the Procuring Entity’s prior
written approval to such agreements, and the Procuring Entity shall
be entitled at its 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
28. Equipment, 28.1 Equipment, vehicles, and materials made available to the
Vehicles, and Consultant by the Procuring Entity, or purchased by the Consultant
Materials wholly or partly with funds provided by the Procuring Entity, shall be
the property of the Procuring Entity and shall be marked accordingly.
Upon termination or expiration of this Contract, the Consultant shall

make available to the Procuring Entity an inventory of such
equipment, vehicles, and materials and shall dispose of such
equipment, vehicles, and materials per the Procuring Entity’s
instructions. While in possession of such equipment, vehicles, and
materials, the Consultant, unless otherwise instructed by the
Procuring Entity in writing, shall insure them at the expense of the
Procuring Entity in an amount equal to their full replacement value.
28.2 Any equipment or materials brought by the Consultant or its
Experts into the Procuring Entity’s country for the use either for the
project or personal use shall remain the property of the Consultant or
the Experts concerned, as applicable.
D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS

29. Description of Key 29.1 The title, agreed job description, minimum qualification, and
Experts time-input estimates to carry out the Services of each of the
Consultant’s Key Experts are described in Appendix B.
29.2 If required to comply with the provisions of Clause GCC 20a,
adjustments concerning the estimated time-input of Key Experts
outlined in Appendix B may be made by the Consultant by written
notice to the Procuring Entity, provided (i) that such adjustments
shall not alter the original time-input estimates for any individual by
more than 10% or one week, whichever is larger; and (ii) that the
aggregate of such adjustments shall not cause payments under this
Contract to exceed the ceilings outlined in Clause GCC 41.2.
29.3 If additional work is required beyond the scope of the
Services specified in Appendix A, the estimated time input for the
Key Experts may be increased by agreement in writing between the
Procuring Entity and the Consultant. In the case where payments
under this Contract exceed the ceilings outlined in Clause GCC 41.1,
the Parties shall sign a Contract amendment.
30. Replacement of Key 30.1 Except as the Procuring Entity may otherwise agree in
Experts writing, no changes shall be made in the Key Experts.
30.2 Notwithstanding the above, the substitution of Key Experts
during Contract execution may be considered only based on the
Consultant’s written request and due to circumstances outside the
reasonable control of the Consultant, including but not limited to
death or medical incapacity or other reasons approved by the
Procuring Entity. In such case, the Consultant shall forthwith provide
as a replacement, a person of equivalent or better qualifications and
experience, meet eligibility requirements, and at the same rate of
remuneration.
31. Approval of 31.1 If during the execution of the Contract, additional Key
Additional Key Experts are required to carry out the Services, the Consultant shall
Experts submit to the Procuring Entity for review and approval a copy of
their Curricula Vitae (CVs). If the Procuring Entity does not object
in writing (stating the reasons for the objection) within twenty-two
(22) days from the date of receipt of such CVs, such additional Key
Experts shall be deemed to have been approved by the Procuring
Entity.
The rate of remuneration payable to such new additional Key
Experts shall be based on the rates for other Key Experts positions
which require similar qualifications and experience.
32. Removal of Experts 32.1 If the Procuring Entity finds that any of the Experts or Sub-
or Sub-consultants consultant has committed serious misconduct or has been charged
with having committed a criminal act, or if the Procuring Entity
determines that a Consultant’s Expert or Sub-consultant has
engaged in Fraud and Corruption while performing the Services, the
Consultant shall, at the Procuring Entity’s written request, provide a
replacement.
32.2 If any of the Key Experts, Non-Key Experts, or Sub-
consultants is found by the Procuring Entity to be incompetent or
incapable in discharging assigned duties, the Procuring Entity,
specifying the grounds, therefore, may request the Consultant to
provide a replacement.
32.3 Any replacement of the removed Experts or Sub-consultants
shall possess better qualifications and experience and shall be
acceptable to the Procuring Entity.
33. Replacement/ 33.1 Except as the Procuring Entity may otherwise agree, (i) the
Removal of Experts Consultant shall bear all additional travel and other costs arising out
– Impact on of or incidental to any removal and/or replacement, and (ii) the
Payments remuneration to be paid for any of the Experts provided as a
replacement shall not exceed the remuneration which would have
been payable to the Experts replaced or removed.
34. Working Hours, 34.1 Working hours and holidays for Experts are outlined in
Overtime, Leave, Appendix B. To account for travel time to/from the Procuring
etc. Entity’s country, experts carrying out Services inside the Procuring
Entity’s country shall be deemed to have commenced or finished
work in respect of the Services the such number of days before their
arrival in, or after they depart from, the Procuring Entity’s country as
is specified in Appendix B.
34.2 The Experts shall not be entitled to be paid for overtime nor
to take paid sick leave or vacation leave except as specified in

Appendix B, and the Consultant’s remuneration shall be deemed to
cover these items.
34.3 Any taking of leave by Key Experts shall be subject to the
prior approval by the Consultant who shall ensure that absence for
leave purposes will not delay the progress and or impact adequate
supervision of the Services.
E. OBLIGATIONS OF THE PROCURING ENTITY

35. Assistance and 35.1 Unless otherwise specified in the SCC, the Procuring Entity
Exemptions shall use its best efforts to:
(a) Assist the Consultant with obtaining work permits and such
other documents as shall be necessary to enable the Consultant
to perform the Services.
(b) Assist the Consultant with promptly obtaining, for the Experts
and, if appropriate, their eligible dependents, all necessary entry
and exit visas, residence permits, exchange permits, and any
other documents required for their stay in the Procuring
Entity’s country while carrying out the Services under the
Contract.
(c) Support the Consultant in clearing through customs any
property required for the Services and of the personal effects of
the Experts and their eligible dependents.
(c) Issue to officials, agents, and representatives of the
Government all such instructions and information as may be
necessary or appropriate for the prompt and effective
implementation of the Services.
(d) Where applicable, support the Consultant and the Experts and
any Sub-consultants employed by the Consultant for the
Services with obtaining an exemption from any requirement to
register or obtain any permit to practice their profession or to
establish themselves either individually or as a corporate entity
in the Procuring Entity’s country according to the applicable
law in the Procuring Entity’s country.
(e) If necessary support the Consultant, any Sub-consultants, and
the Experts of either of them with obtaining the privilege, under
the applicable law in the Procuring Entity’s country, of
bringing into the Procuring Entity’s country reasonable
amounts of foreign currency for the Services or for the personal
use of the Experts and of withdrawing any such amounts as
may be earned therein by the Experts in the execution of the

Services.
(f) Provide to the Consultant any such other assistance as may be
36. Access to Project 36.1 The Procuring Entity warrants that the Consultant shall have,
Site free of charge, unimpeded access to the project site in respect of
which access is required for the performance of the Services. The
Procuring Entity will be responsible for any damage to the project
site or any property thereon resulting from such access and will
indemnify the Consultant and each of the experts in respect of
liability for any such damage unless such damage is caused by the
willful default or negligence of the Consultant or any Sub-
consultants or the Experts of either of them.
37. Change in the 37.1 If, after the date of this Contract, there is any change in the
Applicable Law applicable law in the Procuring Entity’s country for taxes and duties
Related to Taxes which increases or decreases the cost incurred by the Consultant in
and Duties performing the Services, then the remuneration and reimbursable
expenses 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 amounts specified in Clause GCC 41.1
38. Services, Facilities, 38.1 The Procuring Entity shall make available to the Consultant
and Property of the and the Experts, for the Services and free of any charge, the services,
Procuring Entity facilities, and property described in the Terms of Reference
(Appendix A) at the times and in the manner specified in said
Appendix A.
38.2 In case such services, facilities, and property shall not be
made available to the Consultant as and when specified in Appendix
A, 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) how 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
under Clause GCC 41.3.
39. Counterpart 39.1 The Procuring Entity shall make available to the Consultant
Personnel free of charge such professional and support counterpart personnel,
to be nominated by the Procuring Entity with the Consultant’s
advice, if specified in Appendix A.
39.2 If counterpart personnel is not provided by the Procuring
Entity to the Consultant as and when specified in Appendix A, the
Procuring Entity and the Consultant shall agree on (i) how the
affected part of the Services shall be carried out, and (ii) the
additional payments, if any, to be made by the Procuring Entity to
the Consultant as a result thereof under Clause GCC 41.3.
39.3 Professional and support counterpart personnel, excluding
the Procuring Entity’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 Procuring Entity shall not
unreasonably refuse to act upon such request.
40. Payment 40.1 In consideration of the Services performed by the Consultant
Obligation under this Contract, the Procuring Entity shall make such payments
to the Consultant and in such manner as is provided by GCC F
below.
F. PAYMENTS TO THE CONSULTANT

41. Ceiling Amount 41.1 An estimate of the cost of the Services is outlined in
Appendix C (Remuneration) and Appendix D (Reimbursable
expenses).
41.2 Payments under this Contract shall not exceed the ceilings in
foreign currency and local currency specified in the SCC.
41.3 For any payments over the ceilings specified in GCC41.2, an

amendment to the Contract shall be signed by the Parties referring to
the provision of this Contract that evokes such amendment.
42. Remuneration and 42.1 The Procuring Entity shall pay to the Consultant (i)
Reimbursable remuneration that shall be determined based on time spent by each
Expenses Expert in the performance of the Services after the date of
commencing of Services or such other date as the Parties shall agree
in writing; and (ii) reimbursable expenses that are actually and
reasonably incurred by the Consultant in the performance of the
Services.
42.2 All payments shall be at the rates outlined in Appendix C and

Appendix D.
42.3 Unless the SCC provides for the price adjustment of the
remuneration rates, said remuneration shall be fixed for the duration
of the Contract.
42.4 The remuneration rates shall cover: (i) such salaries and
allowances as the Consultant shall have agreed to pay to the Experts

as well as factors for social charges and overheads (bonuses or other
means of profit-sharing shall not be allowed as an element of
overheads), (ii) the cost of backstopping by home office staff not
included in the Experts’ list in Appendix B, (iii) the Consultant’s
profit, and (iv) any other items as specified in the SCC.
42.5 Any rates specified for Experts not yet appointed shall be
provisional and shall be subject to revision, with the written approval
of the Procuring Entity, once the applicable remuneration rates and
allowances are known.
43. Taxes and Duties 43.1 The Consultant, Sub-consultants, and Experts are responsible
for meeting any tax liabilities arising out of the Contract unless it is
stated otherwise in the SCC.
43.2 As an exception to the above and as stated in the SCC, all
locally identifiable indirect taxes (itemized and finalized at Contract
negotiations) are reimbursed to the Consultant or are paid by the
Procuring Entity on behalf of the Consultant.
44. Currency of 44.1 Any payment under this Contract shall be made in Nigeria
Payment Naira, unless another currency(ies) is specified in the SCC.
45. Mode of Billing and 45.1 Billings and payments in respect of the Services shall be
Payment made as follows:
(a) Advance payment. Within the number of days after the
Effective Date, the Procuring Entity shall pay to the Consultant
an advance payment as specified in the SCC. Unless otherwise
indicated in the SCC, an advance payment shall be made
against an advance payment bank guarantee acceptable to the
Procuring Entity in an amount (or amounts) and a currency (or
currencies) specified in the SCC. Such guarantee (i) is to
remain effective until the advance payment has been fully set
off, and (ii) is to be in the form outlined in Appendix E, or
such other form as the Procuring Entity shall have approved in
writing. The advance payments will be set off by the Procuring
Entity in equal installments against the statements for the
number of months of the Services specified in the SCC until
said advance payments have been fully set off.
(b) The Itemized Invoices. As soon as practicable and not later than
fifteen (15) days after the end of each calendar month during
the period of the Services, or after the end of each time interval
otherwise indicated in the SCC, the Consultant shall submit to
the Procuring Entity, in duplicate, itemized invoices,
accompanied by the receipts or other appropriate supporting
documents, of the amounts payable under Clauses GCC 44 and

GCC 45 for the such interval, or any other period indicated in
the SCC. Separate invoices shall be submitted for expenses
incurred in foreign currency and local currency. Each invoice
shall show remuneration and reimbursable expenses separately.
(c) The Procuring Entity shall pay the Consultant’s invoices within
sixty (60) days after the receipt by the Procuring Entity of such
itemized invoices with supporting documents. Only such a
portion of an invoice that is not satisfactorily supported may be
withheld from the payment. Should any discrepancy be found
to exist between the actual payment and costs authorized to be
incurred by the Consultant, the Procuring Entity may add or
subtract the difference from any subsequent payments.
(d) The Final Payment. The final payment under this Clause shall
be made only after the final report and a final invoice,
identified as such, shall have been submitted by the Consultant
and approved as satisfactory by the Procuring Entity. The
Services shall be deemed completed and finally accepted by the
Procuring Entity and the final report and final invoice shall be
deemed approved by the Procuring Entity as satisfactory ninety
(90) calendar days after receipt of the final report and final
invoice by the Procuring Entity unless the Procuring Entity,
within such ninety (90) calendar day period, gives written
notice to the Consultant specifying in detail deficiencies in the
Services, the final report or final invoice. The Consultant shall
thereupon promptly make any necessary corrections, and
thereafter the foregoing process shall be repeated. Any amount
that the Procuring Entity has paid or has caused to be paid per
this Clause over the amounts payable per the provisions of this
Contract shall be reimbursed by the Consultant to the Procuring
Entity within thirty (30) days after receipt by the Consultant of
notice thereof. Any such claim by the Procuring Entity for
reimbursement must be made within twelve (12) calendar
months after receipt by the Procuring Entity of a final report
and a final invoice approved by the Procuring Entity per the
above.
(e) All payments under this Contract shall be made to the accounts
of the Consultant specified in the SCC.
(f) except for the final payment under (d) above, payments do not
constitute acceptance of the Services nor relieve the Consultant
of any obligations hereunder.
46. Interest in Delayed 46.1 If the Procuring Entity had delayed payments beyond fifteen
Payments (15) days after the due date stated in Clause GCC 45.1 (c), interest
shall be paid to the Consultant on any amount due by, not paid on,
such due date for each day of delay at the annual rate stated in the
SCC.
G. FAIRNESS AND GOOD FAITH

47. Good Faith 47.1 The Parties undertake to act in good faith concerning each
other’s rights under this Contract and to adopt all reasonable
measures to ensure the realization of the objectives of this Contract.
H. SETTLEMENT OF DISPUTES
48. Amicable 48.1 The Parties shall seek to resolve any dispute amicably by
Settlement mutual consultation.
48.2 If either Party objects to any action or inaction of the other
Party, the objecting Party may file a written Notice of Dispute to the
other Party providing in detail the basis of the dispute. The Party
receiving the Notice of Dispute will consider it and respond in
writing within fourteen (14) days after receipt. If that Party fails to
respond within fourteen (14) days, or the dispute cannot be amicably
settled within fourteen (14) days following the response of that Party,
Clause GCC 49.1 shall apply.
49. Dispute Resolution 49.1 Any dispute between the Parties arising under or related to
this Contract that cannot be settled amicably may be referred to by
either Party to the adjudication/arbitration per the provisions
II. General Conditions

Attachment 1
Fraud and Corruption
(Text in this Appendix shall not be modified)
1. Purpose
1.1 The Bureau of Public Procurement’s Anti-Corruption Guidelines and this annex apply for
procurement under the Bureau of Public Procurement operations.
2. Requirements
party;
another party;
directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;
(a) deliberately destroying, falsifying, altering, or concealing evidence
material to the investigation or making false statements to
investigators to materially impede a Bureau of Public Procurement
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
(b) acts intended to materially impede the exercise of the Bureau of
Public Procurement’s inspection and audit rights provided for under
paragraph 2.2 e. below.
firm or individual recommended for award, any of its personnel, its agents, or its
sub-consultants, sub-contractors, service providers, suppliers, and/ or their
employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices in competing for the contract in question;
other appropriate actions, including declaring misprocurement, if the Bureau of
Public Procurement determines at any time that representatives of the Tenderer or a
recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices during the procurement process,
selection and/or execution of the contract in question, without the Tenderer having
taken timely and appropriate action satisfactory to the Bureau of Public Procurement
to address such practices when they occur, including by failing to inform the Bureau
of Public Procurement promptly at the time they knew of the practices;
d. Under the Public Procureemnt Act 2007 as amended and the Bureau of Public
Procurement’s Code of Conduct, the Bureau of Public Procurement may sanction a
firm or individual, either indefinitely or for a stated period, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit
from a contract, financially or in any other manner; 4 (ii) to be a nominated 5 sub-
contractor, consultant, manufacturer or supplier, or service provider of an otherwise
eligible firm being awarded a contract; and (iii) to receive the proceeds of any loan
made by the Bureau of Public Procurement or otherwise to participate further in the
preparation or implementation of any project.
4
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated
sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of
such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing
contract.
5
III. Special Conditions of Contract

[Notes in brackets are for guidance purposes only and should be deleted in the final text of
the signed contract]
Number of GC Amendments of, and Supplements to, Clauses in the General

Clause Conditions of Contract
1.1(a) The Contract shall be construed per the law of [insert country
name].
[Note: The contracts normally designate the law of the

[Government’s/Procuring Entity’s] country as the law governing the
contract. However, the Parties may designate the law of another
country, in which case the name of the respective country should be
inserted, and the square brackets should be removed.]
4.1 The language is:____________ [insert the language].
6.1 and 6.2 The addresses are [fill in at negotiations with the selected firm]:
Procuring Entity :
Attention :
Facsimile :
E-mail (where permitted):
Consultant :
Attention :
Facsimile :
E-mail (where permitted) :
8.1 [Note: If the Consultant consists only of one entity, state “N/A”;
OR
If the Consultant is a Joint Venture consisting of more than one entity,
the name of the JV member whose address is specified in Clause
SCC6.1 should be inserted here. ]
The Lead Member on behalf of the JV is ___________
______________________________ [insert name of the member]
9.1 The Authorized Representatives are:
For the Procuring Entity:

[name, title]
For the Consultant: [name, title]
11.1 [Note: If there are no effectiveness conditions, state “N/A”]
OR
List here any conditions of effectiveness of the Contract.
The effectiveness conditions are the following: [insert “N/A” or list

the conditions]
12.1 Termination of Contract for Failure to Become Effective:
The time period shall be _______________________ [insert time

period, e.g.: four months].
13.1 Commencement of Services:
The number of days shall be_________________ [e.g.: ten].
Confirmation of Key Experts’ availability to start the Assignment

shall be submitted to the Procuring Entity in writing as a written
statement signed by each Key Expert.
14.1 Expiration of Contract:
The time period shall be ________________________ [insert time

period, e.g.: twelve months].
23.1 No additional provisions.
[OR:
The following limitation of the Consultant’s Liability towards the

Procuring Entity can be subject to the Contract’s negotiations:
“Limitation of the Consultant’s Liability towards the Procuring

Entity:
(a) Except in the case of gross negligence or willful misconduct on
the part of the Consultant or on the part of any person
or a firm acting on behalf of the Consultant in carrying
out the Services, the Consultant, concerning damage
caused by the Consultant to the Procuring Entity’s
property, shall not be liable to the Procuring Entity:
(i) for any indirect or consequential loss or damage;
and
(ii) for any direct loss or damage that exceeds [insert
a multiplier, e.g.: one, two, three] times the total
value of the Contract;
(b) This limitation of liability shall not
(i) affect the Consultant’s liability, if any, for damage to
Third Parties caused by the Consultant or any person or
firm acting on behalf of the Consultant in carrying out the
Services;
(ii) be construed as providing the Consultant with any
limitation or exclusion from liability which is prohibited
by the [insert “Applicable Law”, if it is the law of the
Procuring Entity’s country, or insert “applicable law in the
Procuring Entity’s country”, if the Applicable Law stated in
Clause SCC1.1 (a) is different from the law of the Procuring
Entity’s country].
[Notes to the Procuring Entity and the Consultant: Any suggestions

made by the Consultant in the Tender to introduce
exclusions/limitations of the Consultant’s liability under the Contract
should be carefully scrutinized by the Procuring Entity and discussed
with the Bureau of Public Procurement before accepting any changes
to what was included in the issued SBD. In this regard, the Parties
should be aware of the Bureau of Public Procurement’s policy on
this matter which is as follows:
To be acceptable to the Bureau of Public Procurement, any limitation

of the Consultant’s liability should at the very least be reasonably
related to (a) the damage the Consultant might potentially cause to
the Procuring Entity, and (b) the Consultant’s ability to pay
compensation using its assets and reasonably obtainable insurance
coverage. The Consultant’s liability shall not be limited to less than a
multiplier of the total payments to the Consultant under the Contract
for remuneration and reimbursable expenses. A statement to the
effect that the Consultant is liable only for the re-performance of
faulty Services is not acceptable to the Bureau of Public
Procurement. Also, the Consultant’s liability should never be limited
to loss or damage caused by the Consultant’s gross negligence or
willful misconduct.
The Bureau of Public Procurement does not accept a provision to the

effect that the Procuring Entity shall indemnify and hold harmless the
Consultant against Third Party claims, except, of course, if a claim is
based on loss or damage caused by default or wrongful act of the
Procuring Entity to the extent permissible by the law applicable in
the Procuring Entity’s country.]
24.1 The insurance coverage against the risks shall be as follows:
[Note: Delete what is not applicable except (a)].
(a) Professional liability insurance, with a minimum coverage of

______________________ [insert amount and currency which should
be not less than the total ceiling amount of the Contract];
(b) Third Party motor vehicle liability insurance in respect of motor

vehicles operated in the Procuring Entity’s country by the
Consultant or its Experts or Sub-consultants, with a minimum
coverage of [insert amount and currency or state “per the
applicable law in the Procuring Entity’s country”];
(c) Third Party liability insurance, with a minimum coverage of

[insert amount and currency or state “per the applicable law in
the Procuring Entity’s country”];
(d) employer’s liability and workers’ compensation insurance in

respect of the experts and Sub-consultants per the relevant
provisions of the applicable law in the Procuring Entity’s
country, as well as, concerning such Experts, 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.
27.1 [If applicable, insert any exceptions to proprietary rights

provision____________________________________]
27.2 [If there is to be no restriction on the future use of these documents by

either Party, this Clause SCC 27.2 should be deleted. 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 [insert what applies……

documents and software………..] for purposes unrelated to this
Contract without the prior written approval of the Procuring
Entity.]
OR
[The Procuring Entity shall not use these [insert what

applies…….documents and software………..] for purposes
unrelated to this Contract without the prior written approval of
the Consultant.]
OR
[Neither Party shall use these [insert what applies…….documents

and software………..] for purposes unrelated to this Contract
without the prior written approval of the other Party.]
32. Removal of [Note to Procuring Entity: include the following for supervision of
Experts or Sub- civil works contracts otherwise delete.]
consultants
Insert the following as Sub-Paragraph 32.3 and renumber the original
Sub-Paragraph 32.3 as Sub-Paragraph 32.4
“Key Experts, Non-Key Experts, or Sub consultants who are found to

be in breach of the Consultant’s Code of Conduct (ESHS) (e.g.
spreading communicable diseases, sexual harassment, gender-based
violence, illicit activity or crime) shall be replaced by the Consultant,
or at the Procuring Entity’s written request.”
35.1 [List here any changes or additions to Clause GCC 35.1. If there are
(a) through (e) no such changes or additions, delete this Clause SCC 35.1.]
35.1(f) [List here any other assistance to be provided by the Procuring Entity.
If there is no such other assistance, delete this Clause SCC 35.1(f).]
41.2 The ceiling in foreign currency or currencies is:

____________________ [insert amount and currency for each
currency] [indicate: inclusive or exclusive] of local indirect taxes.
The ceiling in local currency is: ___________________ [insert

amount and currency] [indicate: inclusive or exclusive] of local
indirect taxes.
Any indirect local taxes chargeable in respect of this Contract for

the Services provided by the Consultant shall [insert as
appropriate: “be paid” or “reimbursed”] by the Procuring Entity
[insert as appropriate: “for“ or “to”] the Consultant.
The amount of such taxes is ____________________ [insert the

amount as finalized at the Contract’s negotiations based on the
estimates provided by the Consultant in Form FIN-2 of the
Consultant’s Financial Tender.delete if not appriopriate]
42.3 Price adjustment on the remuneration …………….. [insert

“applies” or “ does not apply”]
[If the Contract is less than 18 months, price adjustment does not
apply.
If the Contract has a duration of more than 18 months, a price

adjustment provision on the remuneration for foreign and/or local
inflation shall be included here. The adjustment should be made
every 12 months after the date of the contract for remuneration in
foreign currency and – except if there is very high inflation in the
Procuring Entity’s country, in which case more frequent adjustments
should be provided for – at the same intervals for remuneration in
local currency. Remuneration in foreign currency should be adjusted
by using the relevant index for salaries in the country of the respective
foreign currency (which normally is the country of the Consultant)
and remuneration in local currency by using the corresponding index
for the Procuring Entity’s country. A sample provision is provided
below for guidance:
Payments for remuneration made in [foreign and/or local] currency

shall be adjusted as follows:
(1) Remuneration paid in foreign currency based on the rates

outlined in Appendix C shall be adjusted every 12 months (and,
the first time, with effect for the remuneration earned in the 13 th
calendar month after the date of the Contract Effectiveness date)
by applying the following formula:
R f =R fo × I f R f =R fo ×[0 .1+0. 9
If
]
I fo {or I fo }
where
Rf is the adjusted remuneration;
Rfo is the remuneration payable based on the remuneration rates
(Appendix C) in foreign currency;
If is the official index for salaries in the country of the foreign
currency for the first month for which the adjustment is
supposed to have effect; and
Ifo is the official index for salaries in the country of the foreign
currency for the month of the date of the Contract.
The Consultant shall state here the name, source institution, and
any necessary identifying characteristics of the official index for
salaries corresponding to If and Ifo in the adjustment formula for
remuneration paid in foreign currency: [Insert the name, source
institution, and necessary identifying characteristics of the
index for foreign currency, e.g. “Consumer Price Index for all
Urban Consumers (CPI-U), not seasonally adjusted; U.S.
Department of Labor, Bureau of Labor Statistics”]
(2) Remuneration paid in local currency under the rates outlined in

Appendix D shall be adjusted every [insert number] months
(and, for the first time, with effect for the remuneration earned in
the [insert number]the calendar month after the date of the
Contract) by applying the following formula:
Il Il
R l=R lo × R l=R lo ×[0 .1+0. 9 ]
I lo {or I lo }
where
Rl is the adjusted remuneration;
Rlo is the remuneration payable based on the remuneration rates
(Appendix D) in local currency;
Il is the official index for salaries in the Procuring Entity’s
country for the first month for which the adjustment is to have
effect; and
Ilo is the official index for salaries in the Procuring Entity’s
country for the month of the date of the Contract.
The Procuring Entity shall state here the name, source

institution, and any necessary identifying characteristics of the
official index for salaries corresponding to Il and Ilo in the
adjustment formula for remuneration paid in local currency:
[Insert the name, source institution, and necessary identifying
characteristics of the index for foreign currency]
(3) Any part of the remuneration that is paid in a currency different

from the currency of the official index for salaries used in the
adjustment formula, shall be adjusted by a correction factor X0/X. X0
is the number of units of currency of the country of the official index,
equivalent to one unit of the currency of payment on the date of the
contract. X is the number of units of currency of the country of the
official index, equivalent to one unit of the currency of payment on the
first day of the first month for which the adjustment is supposed to
have an effect.
43.1 and 43.2 [The Bureau of Public Procurement leaves it to the Procuring Entity
to decide whether the Consultant (i) should be exempted from indirect
local tax, or (ii) should be reimbursed by the Procuring Entity for any
such tax they might have to pay (or that the Procuring Entity would
pay such tax on behalf of the Consultant]
The Procuring Entity warrants that [choose one applicable option
consistent with the ITC 16.3 and the outcome of the Contract’s
negotiations (Form FIN-2, part B “Indirect Local Tax – Estimates”):
If ITC16.3 indicates a tax exemption status, include the following:
“the Consultant, the Sub-consultants, and the Experts shall be
exempt from”
OR
If ITC16.3 does not indicate the exemption and, depending on whether
the Procuring Entity shall pay the withholding tax or the Consultant
has to pay, include the following:
“the Procuring Entity shall pay on behalf of the Consultant, the Sub-
consultants, and the Experts,” OR “the Procuring Entity shall
reimburse the Consultant, the Sub-consultants, and the Experts”]
any indirect taxes, duties, fees, levies, and other impositions imposed,
under the applicable law in the Procuring Entity’s country, on the
Consultant, the Sub-consultants, and the Experts in respect of:
(a) any payments whatsoever made to the Consultant, Sub-
consultants, and the Experts (other than nationals or permanent
residents of the Procuring Entity’s country), in connection with
the carrying out of the Services;

(b) any equipment, materials, and supplies brought into the
Procuring Entity’s country by the Consultant or Sub-consultants
to carry out the Services and which, after having been brought
into such territories, will be subsequently withdrawn by them;
(c) any equipment imported to carry out the Services and paid for
out of funds provided by the Procuring Entity and which is
treated as the property of the Procuring Entity;
(d) any property brought into the Procuring Entity’s country by the
Consultant, any Sub-consultants or the Experts (other than
nationals or permanent residents of the Procuring Entity’s
country), or the eligible dependents of such experts for their
personal use and which will subsequently be withdrawn by them
upon their respective departure from the Procuring Entity’s
country, provided that:
(i) the Consultant, Sub-consultants, and experts shall
follow the customs procedures of the Procuring
Entity’s country in importing property into the
Procuring Entity’s country; and
(ii) if the Consultant, Sub-consultants, or Experts do not

withdraw but dispose of any property in the Procuring
Entity’s country upon which customs duties and taxes
have been exempted, the Consultant, Sub-consultants,
or Experts, as the case may be, (a) shall bear such
customs duties and taxes in conformity with the
regulations of the Procuring Entity’s country, or (b)
shall reimburse them to the Procuring Entity if they
were paid by the Procuring Entity at the time the
property in question was brought into the Procuring
Entity’s country.
44.1 The currency [currencies] of payment shall be the following: [list

currency(ies) which should be the same as in the Financial Tender,
Form FIN-2]
45.1(a) [The advance payment could be in either the foreign currency, the
local currency, or both; select the correct wording in the Clause here
below. The advance payment guarantee should be in the same
currency(ies)]
The following provisions shall apply to the advance payment and the
advance payment guarantee:
(1) An advance payment [of [insert amount] in foreign currency]

[and of [insert amount] in local currency] shall be made within
[insert number] days after the Effective Date. The advance
payment will be set off by the Procuring Entity in equal
installments against the statements for the first [insert number]
months of the Services until the advance payment has been fully
set off.
(2) The advance payment guarantee shall be in the amount and in

the currency of the currency(ies) of the advance payment.
45.1(b) [Delete this Clause SCC 45.1(b) if the Consultant shall have to submit
its itemized statements monthly. Otherwise, the following text can be
used to indicate the required intervals:
The Consultant shall submit to the Procuring Entity itemized

statements at time intervals of __________________ [e.g. “every
quarter”, “every six months”, “every two weeks”, etc.].
45.1(e) The accounts are:
for foreign currency: [insert account].

for local currency: [insert account].
46.1 The interest rate is: [insert rate].
49. [The Applicable Law ]
Disputes shall be settled by arbitration per the following

provisions:
1. Selection of Arbitrators. Each dispute submitted by a Party to
arbitration shall be heard by a sole arbitrator or an arbitration
panel composed of three (3) arbitrators, per the following
provisions:
(a) Where the Parties agree that the dispute concerns a

technical matter, they may agree to appoint a sole arbitrator
or, failing agreement on the identity of such sole arbitrator
within thirty (30) days after receipt by the other Party of
the Tender of a name for such an appointment by the Party
who initiated the proceedings, either Party may apply to
[ii) African Regional Centre for International Commercial
Arbitration, Lagos, Nigeria] for a list of not fewer than
five (5) nominees and, on receipt of such list, the Parties
shall alternately strike names therefrom, and the last
remaining nominee on the list shall be the sole arbitrator

for the matter in dispute. If the last remaining nominee has
not been determined in this manner within sixty (60) days
of the date of the list, [insert the name of the same
professional body as above] shall appoint, upon the request
of either Party and from such list or otherwise, a sole
arbitrator for the matter in dispute.
(b) Where the Parties do not agree that the dispute concerns a
technical matter, the Procuring Entity and the Consultant
shall each appoint one (1) arbitrator, and these two
arbitrators shall jointly appoint a third arbitrator, who shall
chair the arbitration panel. If the arbitrators named by the
Parties do not succeed in appointing a third arbitrator
within thirty (30) days after the latter of the two (2)
arbitrators named by the Parties has been appointed, the
third arbitrator shall, at the request of either Party, be
appointed by [ii) African Regional Centre for
International Commercial Arbitration, Lagos, Nigeria].
(c) If in a dispute subject to paragraph (b) above, one Party

fails to appoint its arbitrator within thirty (30) days after
the other Party has appointed its arbitrator, the Party which
has named an arbitrator may apply to the [ii) African
Regional Centre for International Commercial Arbitration,
Lagos, Nigeria (b)] to appoint a sole arbitrator for the
matter in dispute, and the arbitrator appointed under such
application shall be the sole arbitrator for that dispute.
2. Rules of Procedure. Except as otherwise stated herein,

arbitration proceedings shall be conducted per the rules of
procedure for arbitration issued under the Arbitration law in
force in Nigeria on the date of this Contract.
3. Substitute Arbitrators. If for any reason an arbitrator is unable to

perform his/her function, a substitute shall be appointed in the
same manner as the original arbitrator.
4. Qualifications of Arbitrators. The sole arbitrator or the third

arbitrator appointed under paragraphs 1(a) through 1(c) above
shall be a recognized independent legal or technical expert with
extensive experience concerning the subject matter in dispute,
who has no actual or potential conflict of interest.
5. Miscellaneous. In any arbitration proceeding hereunder:

(a) proceedings shall, unless otherwise agreed by the Parties,

be held in [Nigeria ];
(b) the [English language] language shall be the official

language for all purposes; and
(c) the decision of the sole arbitrator or of a majority of the

arbitrators (or of the third arbitrator if there is no such
majority) shall be final and binding and shall be
enforceable in any court of competent jurisdiction, and the
Parties hereby waive any objections to or claims of
immunity in respect of such enforcement.
IV. Appendices
APPENDIX A – TERMS OF REFERENCE

[This Appendix shall include the final Terms of Reference (TORs) worked out by the
Procuring Entity and the Consultant during the negotiations; dates for completion of various
tasks; location of performance for different tasks; detailed reporting requirements; Procuring
Entity’s input, including counterpart personnel assigned by the Procuring Entity to work on
the Consultant’s team; specific tasks that require prior approval by the Procuring Entity.
Insert the text based on Section 7 (Terms of Reference) of the ITC in the SBD and modified
based on the Forms TECH-1 through TECH-5 in the Consultant’s Tender. Highlight the
changes to Section 7 of the SBD]
If the Services consist of or include the supervision of civil works, the following activities that
require prior approval of the Procuring Entity shall be added to the “Reporting
Requirements” section of the TORs: Taking any action under a civil works contract
designating the Consultant as “Engineer”, for which action, under such civil works contract,
the written approval of the Procuring Entity as “Employer” is required.]
APPENDIX B - KEY EXPERTS
[Insert a table based on Form TECH-6 of the Consultant’s Technical Tender and finalized at
the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key
Experts) demonstrating the qualifications of Key Experts.]
[Specify Hours of Work for Key Experts: List here the hours of work for Key Experts; travel
time to/ from the Procuring Entity’s country; entitlement, if any, to leave pay; public holidays
in the Procuring Entity’s country that may affect Consultant’s work; etc. Make sure there is
consistency with Form TECH-6. In particular: one month equals twenty-two (22) working
(billable) days. One working (billable) day shall be not less than eight (8) working (billable)
hours. ]
APPENDIX C – REMUNERATION COST ESTIMATES

1. Monthly rates for the Experts:
[Insert the table with the remuneration rates. The table shall be based on [Form FIN-
3] of the Consultant’s Tender and reflect any changes agreed upon at the Contract
negotiations if any. The footnote shall list such changes made to [Form FIN-3] at the
negotiations or state that none has been made.]
2. [When the Consultant has been selected under the Quality-Based Selection method, or
the Procuring Entity has requested the Consultant to clarify the breakdown of very high
remuneration rates at the Contract’s negotiations also add the following:
“The agreed remuneration rates shall be stated in the attached Model Form I. This
form shall be prepared based on Appendix A to Form FIN-3 of the SBD “Consultants’
Representations regarding Costs and Charges” submitted by the Consultant to the
Procuring Entity before the Contract’s negotiations.
Should these representations be found by the Procuring Entity (either through

inspections or audits under Clause GCC 25.2 or through other means) to be materially
incomplete or inaccurate, the Procuring Entity shall be entitled to introduce
appropriate modifications in the remuneration rates affected by such materially
incomplete or inaccurate representations. Any such modification shall have
retroactive effect and, in case remuneration has already been paid by the Procuring
Entity before any such modification, (i) the Procuring Entity shall be entitled to offset
any excess payment against the next monthly payment to the Consultants, or (ii) if
there are no further payments to be made by the Procuring Entity to the Consultants,
the Consultants shall reimburse to the Procuring Entity any excess payment within
thirty (30) days of receipt of a written claim of the Procuring Entity. Any such claim
by the Procuring Entity for reimbursement must be made within twelve (12) calendar
months after receipt by the Procuring Entity of a final report and a final statement
approved by the Procuring Entity per Clause GCC 45.1(d) of this Contract.”
Model Form I
Breakdown of Agreed Fixed Rates in Consultant’s Contract
We hereby confirm that we have agreed to pay the Experts listed, who will be involved in performing the Services, the basic fees,
and away from the home office allowances (if applicable) indicated below:
(Expressed in [insert name of currency])*
Experts 1 2 3 4 5 6 7 8
Basic
Remuneration Away from Agreed Fixed Agreed Fixed
Social Overhead
Name Position rate per Subtotal Profit2 Home Office Rate per Working Rate per Working
Charges1 1
Working Allowance Month/Day/Hour Month/Day/Hour1
Month/Day/Year
Home Office
Work in Nigeria
1 Expressed as a percentage of 1
* If more than one currency, add a table
Signature Date
Name and Title:

APPENDIX D – REIMBURSABLE EXPENSES COST ESTIMATES
1. [Insert the table with the reimbursable expenses rates. The table shall be based on [Form
FIN-4] of the Consultant’s Tender and reflect any changes agreed upon at the Contract
negotiations if any. The footnote shall list such changes made to [Form FIN-4] at the
negotiations or state that none has been made.
2. All reimbursable expenses shall be reimbursed at actual cost, unless otherwise explicitly
provided in this Appendix, and in no event shall reimbursement be made over the Contract
amount. ]
APPENDIX E - FORM OF ADVANCE PAYMENTS GUARANTEE

[See Clause GCC 41.2.1 and SCC 41.2.1]
{Guarantor letterhead or SWIFT identifier code}
Bureau of Public Procurement Guarantee for Advance Payment

Guarantor: ___________________ [insert commercial Bureau of Public Procurement’s
Name, and Address of Issuing Branch or Office]
Beneficiary: _________________ [insert Name and Address of Procuring Entity]
Date: ____________[insert date]____
ADVANCE PAYMENT GUARANTEE No.: ___________[insert number]______
We have been informed that ____________ [name of Consultant or a name of the Joint
Venture, same as appears on the signed Contract] (hereinafter called "the Consultant") has
entered into Contract No. _____________ [reference number of the contract] dated
___[insert date]_________ with the Beneficiary, for the provision of __________________
[brief description of Services] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance
payment in the sum of ___________ [insert amount in figures] ( ) [amount in
words] is to be made against an advance payment guarantee.
At the request of the Consultant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ [amount in
figures] ( ) [amount in words]61 upon receipt by us of the Beneficiary’s
complying demand supported by the Beneficiary’s a written statement, whether in the
demand itself or a separately signed document accompanying or identifying the demand,
stating that the Consultant is in breach of its obligation under the Contract because of the
Consultant:
(a) has failed to repay the advance payment per the Contract conditions, specifying the
amount which the Consultant has failed to repay;
(b) has used the advance payment for purposes other than toward providing the Services
under the Contract.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Consultant on its account number
___________ at _________________ [name and address of bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Consultant as indicated in certified statements or invoices
marked as “paid” by the Procuring Entity which shall be presented to us. This guarantee shall
expire, at the latest, upon our receipt of the payment certificate or paid invoice indicating that
the Consultant has made full repayment of the amount of the advance payment, or on the __
6 1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Procuring Entity.
day of _[month]__________, [year]__,72 whichever is earlier. Consequently, any demand

for payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
revision, ICC Publication No. 758.
_____________________
[signature(s)]
{Note: All italicized text is for indicative purposes only to assist in preparing this form and
shall be deleted from the final product.}
7 2
Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the
Procuring Entity would need to request an extension of this guarantee from the Guarantor. Such request must
be in writing and must be made prior to the expiration date established in the guarantee. In preparing this
guarantee, the Procuring Entity might consider adding the following text to the form, at the end of the
penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to
exceed [six months][one year], in response to the Procuring Entity’s written request for such extension, such
request to be presented to the Guarantor before the expiry of the guarantee.”
Appendix F - Code of Conduct (ESHS)
[Note to Procuring Entity: to be included for supervision of civil works

contracts]
Section 8. Conditions of Contract and Contract Forms (Lump-Sum) 132
LUMP-SUM FORM OF CONTRACT
STANDARD FORM OF CONTRACT
Consultant’s Services
Lump-Sum
Contents
Preface 139
A. GENERAL PROVISIONS 145
4. Language 147
5. Headings 147
7. Location 147
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT 148
18. Suspension 150
19. Termination 150
C. OBLIGATIONS OF THE CONSULTANT 152
20. General 152
D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS 156
E. OBLIGATIONS OF THE PROCURING ENTITY 157

F. PAYMENTS TO THE CONSULTANT 158
38. Contract Price 158
G. FAIRNESS AND GOOD FAITH 160
43. Good Faith 160
H. SETTLEMENT OF DISPUTES 160
IV. Appendices 175
Appendix C – Breakdown of Contract Price 175
Appendix D - Form of Advance Payments Guarantee 178
Preface
1. The standard Contract form consists of four parts: the Form of Contract to be signed by
the Procuring Entity and the Consultant, the General Conditions of Contract (GCC),
including Attachment 1 - Fraud and Corruption; the Special Conditions of Contract
(SCC); and the Appendices.
2. The General Conditions of Contract, including Attachment 1, shall not be modified. The
Special Conditions of Contract that contain clauses specific to each Contract intend to
supplement, but not over-write or otherwise contradict the General Conditions.
CONTRACT FOR CONSULTANT’S SERVICES
Lump-Sum
Project Name ___________________________
Contract No. ____________________________

Assignment Title:_____________________________
between
[Name of the Procuring Entity]
and
[Name of the Consultant]
Dated:
I. Form of Contract
LUMP-SUM
(Text in brackets [ ] is optional; all notes should be deleted in the final text)
This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month
of [month], [year], between, on the one hand, [name of Procuring Entity or Recipient]
(hereinafter called the “Procuring Entity”) and, on the other hand, [name of Consultant]
(hereinafter called the “Consultant”).
[If the Consultant consists of more than one entity, the above should be partially amended to
read as follows: “…(hereinafter called the “Procuring Entity”) and, on the other hand, a Joint
Venture (name of the JV) consisting of the following entities, each member of which will be
jointly and severally liable to the Procuring Entity for all the Consultant’s obligations under
this Contract, namely, [name of member] and [name of member] (hereinafter called the
“Consultant”).]
WHEREAS
(a) the Procuring Entity 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 Procuring Entity that it has the required
professional skills, expertise, and technical resources, has agreed to provide the
Services on the terms and conditions outlined in this Contract;
(c) it is understood that (i) payments by the Procuring Entity will be subject, in all
respects, to the terms and conditions of this agreement;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
(a) The General Conditions of Contract (including Attachment 1 “Fraud and

Corruption”);
(b) The Special Conditions of Contract;
(c) Appendices:
Appendix A: Terms of Reference

Appendix B: Key Experts
Appendix C: Breakdown of Contract Price
Appendix D: Form of Advance Payments Guarantee
In the event of any inconsistency between the documents, the following order of
precedence shall prevail: the Special Conditions of Contract; the General Conditions
of Contract, including Attachment 1; Appendix A; Appendix B; Appendix C;
Appendix D. Any reference to this Contract shall include, where the context permits,
a reference to its Appendices.
2. The mutual rights and obligations of the Procuring Entity and the Consultant shall be
as outlined in the Contract, in particular:
(a) the Consultant shall carry out the Services per the provisions of the Contract;
and
(b) the Procuring Entity shall make payments to the Consultant per 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 Procuring Entity]
[Authorized Representative of the Procuring Entity – name, title, and signature]
For and on behalf of [Name of Consultant or Name of a Joint Venture]
[Authorized Representative of the Consultant – name, and signature]
[For a joint venture, either all members shall sign or only the lead member, in which case
the power of attorney to sign on behalf of all members shall be attached.
For and on behalf of each of the members of the Consultant [insert the Name of the Joint
Venture]
[Name of the lead member]
[Authorized Representative on behalf of a Joint Venture]
[add signature blocks for each member if all are signing]

II. General Conditions of Contract

A. GENERAL PROVISIONS
1. Definitions 1.1 Unless the context otherwise requires, the following terms
whenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments
having the force of law in the Procuring Entity’s country, or in
such other country as may be specified in the Special Conditions
of Contract (SCC), as they may be issued and in force from time
to time.
(b) “Procuring Entity” means the implementing agency that signs the
Contract for the Services with the Selected Consultant.
(c) “Consultant” means a legally-established professional consulting
firm or entity selected by the Procuring Entity to provide the
Services under the signed Contract.
(d) “Contract” means the legally binding written agreement signed
between the Procuring Entity and the Consultant and which
includes all the attached documents listed in paragraph 1 of the
Form of Contract (the General Conditions (GCC), the Special
Conditions (SCC), and the Appendices).
(e) “Day” means a working day unless indicated otherwise.
(f) “Effective Date” means the date on which this Contract comes
into force and effect under Clause GCC 11.
(g) “Experts” means, collectively, Key Experts, Non-Key Experts,
or any other personnel of the Consultant, Sub-consultant, or JV
member(s) assigned by the Consultant to perform the Services or
(h) “Foreign Currency” means any currency other than Nigeria
Naira.
(i) “GCC” means these General Conditions of Contract.
(j) “Government” means the government of the Procuring Entity’s
country.
(k) “Joint Venture (JV)” means an association with or without a legal
personality distinct from that of its members, of more than one
entity where one member has the authority to conduct all
businesses for and on behalf of any the members of the JV, and
where the members of the JV are jointly and severally liable to

the Procuring Entity for the performance of the Contract.
(l) “Key Expert(s)” means an individual professional whose skills,
qualifications, knowledge, and experience are critical to the
performance of the Services under the Contract and whose
Curricula Vitae (CV) was taken into account in the technical
evaluation of the Consultant’s Tender.
(m) “Local Currency” means Nigeria Naira.
(n) “Non-Key Expert(s)” means an individual professional provided
by the Consultant or its Sub-consultant to perform the Services or
(o) “Party” means the Procuring Entity or the Consultant, as the case
may be, and “Parties” means both of them.
(p) “SCC” means the Special Conditions of Contract by which the
GCC may be amended or supplemented but not over-written.
(q) “Services” means the work to be performed by the Consultant
under this Contract, as described in Appendix A hereto.
(r) “Sub-consultants” means an entity to whom/which the
Consultant subcontracts any part of the Services while remaining
solely liable for the execution of the Contract.
(s) “Third Party” means any person or entity other than the
Government, the Procuring Entity, the Consultant, or a Sub-
consultant.
2. Relationship 2.1. Nothing contained herein shall be construed as establishing a
between the relationship of master and servant or principal and agent as between
Parties the Procuring Entity and the Consultant. The Consultant, subject to
this Contract, has complete charge of the Experts and Sub-
consultants, if any, performing the Services and shall be fully
responsible for the Services performed by them or on their behalf
hereunder.
3. Law Governing 3.1. This Contract, its meaning and interpretation, and the relation
Contract between the Parties shall be governed by the Applicable Law.
4. Language 4.1. This Contract has been executed in the language specified in
the SCC, which shall be the binding and controlling language for all
matters relating to the meaning or interpretation of this Contract.
5. Headings 5.1. The headings shall not limit, alter or affect the meaning of this
Contract.
6. Communications 6.1. Any communication required or permitted to be given or made

under this Contract shall be in writing in the language specified in
Clause GCC 4. Any such notice, request, or consent shall be deemed
to have been given or made when delivered in person to an
authorized representative of the Party to whom the communication is
addressed, or when sent to such Party at the address specified in the
SCC.
6.2. A Party may change its address for notice hereunder by giving
the other Party any communication of such change to the address
7. Location 7.1. The Services shall be performed at such locations as are
specified in Appendix A hereto and, where the location of a
particular task is not so specified, at such locations, whether in the
Government’s country or elsewhere, as the Procuring Entity may
approve.
8. Authority of 8.1. In case the Consultant is a Joint Venture, the members hereby
Member in authorize the member specified in the SCC to act on their behalf in
Charge exercising all the Consultant’s rights and obligations towards the
Procuring Entity under this Contract, including without limitation
the receiving of instructions and payments from the Procuring
Entity.
9. Authorized 9.1. Any action required or permitted to be taken, and any

Representatives document required or permitted to be executed under this Contract by
the Procuring Entity or the Consultant may be taken or executed by
the officials specified in the SCC.
10. Fraud and 10.1 The Bureau of Public Procurement requires compliance with the
Corruption Bureau of Public Procurement’s Anti-Corruption Guidelines and its
prevailing sanctions policies and procedures as outlined in the
Bureau of Public Procurement’s Sanctions Framework, as outlined in
Attachment 1 to the GCC.
a. Commissions 10.2 The Procuring Entity requires the Consultant to disclose any
and Fees commissions, gratuities, or fees that may have been paid or are to be
paid to agents or any other party concerning the selection process or
execution of the Contract. The information disclosed must include
at least the name and address of the agent or other party, the amount
and currency, and the purpose of the commission, gratuity, or fee.
Failure to disclose such commissions, gratuities, or fees may result
in termination of the Contract and/or sanctions by the Bureau of
Public Procurement.
B. COMMENCEMENT, COMPLETION, MODIFICATION, AND TERMINATION OF

CONTRACT
11. Effectiveness of 11.1. This Contract shall come into force and effect on the date (the
Contract “Effective Date”) of the Procuring Entity’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.
12. Termination of 12.1. If this Contract has not become effective within such period
Contract for after the date of Contract signature as specified in the SCC, either
Failure to Become Party may, by not less than twenty-two (22) days written notice to
Effective the other Party, declare this Contract to be null 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.
13. Commencement 13.1. The Consultant shall confirm the availability of Key Experts
of Services and begin carrying out the Services not later than the number of days
after the Effective Date specified in the SCC.
14. Expiration of 14.1. Unless terminated earlier under Clause GCC 19 hereof, this
Contract Contract shall expire at the end of the such period after the Effective
Date as specified in the SCC.
15. Entire Agreement 15.1. This Contract contains all covenants, stipulations, and
provisions agreed by the Parties. No agent or representative of either
Party has authority to make, and the Parties shall not be bound by or
be liable for, any statement, representation, promise, or agreement
not set forth herein.
16. Modifications or 16.1. Any modification or variation of the terms and conditions of
Variations this Contract, including any modification or variation of the scope
of the Services, may only be made by written agreement between
the Parties. However, each Party shall give due consideration to any
Tenders for modification or variation made by the other Party.
16.2. In cases of substantial modifications or variations, the prior

written consent of the Bureau of Public Procurement is required.
17. Force Majeure
a. Definition 17.1. For this Contract, “Force Majeure” means an event that is
beyond the reasonable control of a Party, is not foreseeable, is
unavoidable, and makes a Party’s performance of its obligations
hereunder impossible or so impractical as reasonably to be
considered impossible under the circumstances, and subject to those
requirements, includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action
confiscation or any other action by Government agencies.
17.2. Force Majeure shall not include (i) any event which is caused
by the negligence or intentional action of a Party or such Party’s
Experts, Sub-consultants or agents or employees, nor (ii) any event
which a diligent Party could reasonably have been expected to both
take into account at the time of the conclusion of this Contract and
avoid or overcome in the carrying out of its obligations hereunder.
17.3. Force Majeure shall not include insufficiency of funds or

failure to make any payment required hereunder.
b. No Breach of 17.4. The failure of a Party to fulfill any of its obligations

Contract hereunder shall 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 to carry out the terms and conditions of this Contract.
c. Measures to 17.5. A Party affected by an event of Force Majeure shall continue

be Taken to perform its obligations under the Contract as far as is reasonably
practical, and shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
17.6. 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) calendar days following the occurrence
of such event, providing evidence of the nature and cause of the
such event, and shall similarly give written notice of the restoration
of normal conditions as soon as possible.
17.7. Any period within which a Party shall, under 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.
17.8. During the period of their inability to perform the Services as

a result of an event of Force Majeure, the Consultant, upon
instructions by the Procuring Entity, 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 Procuring
Entity, in reactivating the Services; or
(b) continue with the Services to the extent reasonably
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.
17.9. In the case of disagreement between the Parties as to the
existence or extent of Force Majeure, the matter shall be settled
according to Clauses GCC 44 & 45.
18. Suspension 18.1. The Procuring Entity may, by written notice of suspension to
the Consultant, suspend part or all 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 (i) shall specify the nature of
the failure, and (ii) shall request the Consultant to remedy such
failure within a period not exceeding thirty (30) calendar days after
receipt by the Consultant of such notice of suspension.
19. Termination 19.1. This Contract may be terminated by either Party as per
provisions set up below:
a. By the 19.1.1. The Procuring Entity may terminate this Contract in
Procuring case of the occurrence of any of the events specified in
Entity paragraphs (a) through (f) of this Clause. In such an occurrence
the Procuring Entity shall give at least thirty (30) calendar days
written notice of termination to the Consultant in case of the
events referred to in (a) through (d); at least sixty (60) calendar
days written notice in case of the event referred to in (e); and at
least five (5) calendar days written notice in case of the event
referred to in (f):
(a) If the Consultant fails to remedy a failure in the
performance of its obligations hereunder, as specified in a
notice of suspension under Clause GCC 18;
(b) If the Consultant becomes (or, if the Consultant consists
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;
(c) If the Consultant fails to comply with any final decision
reached as a result of arbitration proceedings under
Clause GCC 45.1;
(d) If, as the result of Force Majeure, the Consultant is unable
than sixty (60) calendar days;
(e) If the Procuring Entity, in its sole discretion and for any
reason whatsoever, decides to terminate this Contract;

(f) If the Consultant fails to confirm the availability of Key
Experts as required in Clause GCC 13.
19.1.2. Furthermore, if the Procuring Entity determines that
the Consultant has engaged in Fraud and Corruption in
competing for or in executing the Contract, then the Procuring
Entity may, after giving fourteen (14) calendar days of written
notice to the Consultant, terminate the Consultant's employment
under the Contract.
b. By the 19.1.3. The Consultant may terminate this Contract, by not
Consultant less than thirty (30) calendar days written notice to the
Procuring Entity, in case of the occurrence of any of the events
specified in paragraphs (a) through (d) of this Clause.
(a) If the Procuring Entity fails to pay any money due to the
Consultant under this Contract and is not subject to dispute
under Clause GCC 45.1 within forty-five (45) calendar
days after receiving written notice from the Consultant
that such payment is overdue.
(b) If, as the result of Force Majeure, the Consultant is unable
than sixty (60) calendar days.
(c) If the Procuring Entity fails to comply with any final
decision reached as a result of arbitration under Clause
GCC 45.1.
(d) If the Procuring Entity is in material breach of its
obligations under 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 Procuring Entity of
the Consultant’s notice specifying such breach.
c. Cessation of 19.1.4. Upon termination of this Contract under Clauses GCC
Rights and 12 or GCC 19 hereof, or expiration of this Contract under
Obligations Clause GCC 14, all rights and obligations of the Parties
hereunder shall cease, except (i) such rights and obligations as
may have accrued on the date of termination or expiration, (ii)
the obligation of confidentiality outlined in Clause GCC 22,
(iii) the Consultant’s obligation to permit inspection, copying
and auditing of their accounts and records outlined in Clause
GCC 25 and to cooperate and assist in any inspection or
investigation, and (iv) any right which a Party may have under
the Applicable Law.

d. Cessation of 19.1.5. Upon termination of this Contract by notice of either
Services Party to the other under Clauses GCC 19a or GCC 19b, 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. Concerning documents prepared by the Consultant
and equipment and materials furnished by the Procuring Entity,
the Consultant shall proceed as provided, respectively, by
Clauses GCC 27 or GCC 28.
e. Payment 19.1.6. Upon termination of this Contract, the Procuring
upon Entity shall make the following payments to the Consultant:
Termination
(a) payment for Services satisfactorily performed before the
effective date of termination; and
(b) in the case of termination under paragraphs (d) and (e) of
Clause GCC 19.1.1, reimbursement of any reasonable cost
incidental to the prompt and orderly termination of this
Contract, including the cost of the return travel of the
Experts.
C. OBLIGATIONS OF THE CONSULTANT

20. General
a. Standard of 20.1 The Consultant shall perform the Services and carry out the
Performance Services with all due diligence, efficiency, and economy, per
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 the Services, as a faithful adviser to
the Procuring Entity, and shall at all times support and safeguard the
Procuring Entity’s legitimate interests in any dealings with the third
parties.
20.2. The Consultant shall employ and provide such qualified and
experienced Experts and Sub-consultants as are required to carry out
the Services.
20.3. The Consultant may subcontract part of the Services to an
extent and with such Key Experts and Sub-consultants as may be
approved in advance by the Procuring Entity. Notwithstanding such
approval, the Consultant shall retain full responsibility for the
Services.
b. Law 20.4. The Consultant shall perform the Services per the Contract
Applicable to and the Applicable Nigerian Law and shall take all practicable steps
Services to ensure that any of its Experts and Sub-consultants, comply with the
Applicable Law.
20.5. Throughout the execution of the Contract, the Consultant
shall comply with the import of goods and services prohibitions in
the Procuring Entity’s country when
(a) as a matter of law or official regulations, the Procuring
Entity’s country prohibits commercial relations with that
country; or
(b) by an act of compliance with a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations, Nigeria prohibits any
import of goods from that country or any payments to any
country, person, or entity in Nigeria.
20.6. The Procuring Entity shall notify the Consultant in writing of
relevant local customs, and the Consultant shall, after such
notification, respect such customs.
21. Conflict of Interest 21.1. The Consultant shall hold the Procuring Entity’s interests
paramount, without any consideration for future work, and strictly
avoid conflict with other assignments or their corporate interests.
a. Consultant 21.1.1 The payment of the Consultant under GCC F (Clauses
Not to Benefit GCC 38 through 42) shall constitute the Consultant’s only
from payment in connection with this Contract and, subject to Clause
Commissions, GCC 21.1.3, the Consultant shall not accept for its benefit any
Discounts, etc. trade commission, discount or similar payment in connection
with activities under this Contract or the discharge of its
obligations hereunder, and the Consultant shall use its best
efforts to ensure that any Sub-consultants, as well as the Experts
and agents of either of them, similarly shall not receive any such
additional payment.
21.1.2 Furthermore, if the Consultant, as part of the Services,
has the responsibility of advising the Procuring Entity on the
procurement of goods, works, or services, the Consultant shall
comply with the Bureau of Public Procurement’s Applicable
Regulations, and shall at all times exercise such responsibility in
the best interest of the Procuring Entity. Any discounts or
commissions obtained by the Consultant in the exercise of such
procurement responsibility shall be for the account of the
Procuring Entity.
b. Consultant 21.1.3 The Consultant agrees that, during the term of this
and Affiliates Contract and after its termination, the Consultant and any entity
Not to Engage affiliated with the Consultant, as well as any Sub-consultants
in Certain and any entity affiliated with such Sub-consultants, shall be
Activities disqualified from providing goods, works or non-consulting
services resulting from or directly related to the Consultant’s
Services for the preparation or implementation of the project.
c. Prohibition of 21.1.4 The Consultant shall not engage and shall cause its
Conflicting Experts as well as its Sub-consultants not to engage, either
Activities directly or indirectly, in any business or professional activities
that would conflict with the activities assigned to them under
this Contract.
d. Strict Duty to 21.1.5 The Consultant has an obligation and shall ensure that
Disclose its Experts and Sub-consultants shall have an obligation to
Conflicting disclose any situation of actual or potential conflict that
Activities impacts their capacity to serve the best interest of their
Procuring Entity, or that may reasonably be perceived as
having this effect. Failure to disclose said situations may lead
to the disqualification of the Consultant or the termination of
its Contract.
22. Confidentiality 22.1 Except with the prior written consent of the Procuring Entity,
the Consultant, and the Experts 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 Experts make
public the recommendations formulated in the course of, or as a
result of, the Services.
23. Liability of the 23.1 Subject to additional provisions, if any, outlined in the SCC,
Consultant the Consultant’s liability under this Contract shall be provided by the
Applicable Law.
24. Insurance to be 24.1 The Consultant (i) shall take out and maintain, and shall cause
taken out by the any Sub-consultants to take out and maintain, at its (or the Sub-
Consultant consultants’, as the case may be) own cost but on terms and
conditions approved by the Procuring Entity, insurance against the
risks, and for the coverage specified in the SCC, and (ii) at the
Procuring Entity’s request, shall provide evidence to the Procuring
Entity showing that such insurance has been taken out and maintained
and that the current premiums, therefore, have been paid. The
Consultant shall ensure that such insurance is in place before
commencing the Services as stated in Clause GCC 13.
25. Accounting, 25.1 The Consultant shall keep, and shall make all reasonable
Inspection, and efforts to cause its Sub-consultants to keep, accurate and systematic
Auditing accounts and records in respect of the Services and such form and
detail as will identify relevant time changes and costs.
25.2 Under paragraph 2.2 e. of Appendix to the General
Conditions the Consultant shall permit and shall cause its
subcontractors and sub-consultants to permit, the Procuring Entity,
the Bureau of Public Procurement and/or persons appointed by the
Bureau of Public Procurement to inspect the Site and/or the accounts
and records relating to the performance of the Contract and the
submission of the bid, and to have such accounts and records audited
by auditors appointed by the Bureau of Public Procurement if
requested by the Bureau of Public Procurement. The Consultant’s
and its Subcontractors’ and sub-consultants attention are drawn to
Sub-Clause 10.1 which provides, inter alia, that acts intended to
materially impede the exercise of the Bureau of Public
Procurement’s inspection and audit rights constitute a prohibited
practice subject to contract termination (as well as to a determination
of ineligibility under the Bureau of Public Procurement’s prevailing
sanctions procedures).
26. Reporting 26.1 The Consultant shall submit to the Procuring Entity the
Obligations reports and documents specified in Appendix A, in the form, in the
numbers, and within the periods outlined in the said Appendix.
27. Proprietary Rights 27.1 Unless otherwise indicated in the SCC, all reports and
of the Procuring relevant data and information such as maps, diagrams, plans,
Entity in Reports databases, other documents, software, supporting records, or material
and Records compiled or prepared by the Consultant for the Procuring Entity in
the course of the Services shall be confidential and become and
remain the absolute property of the Procuring Entity. The Consultant
shall, not later than upon termination or expiration of this Contract,
deliver all such documents to the Procuring Entity, together with a
detailed inventory thereof. The Consultant may retain a copy of such
documents, data, and/or software but shall not use the same for
purposes unrelated to this Contract without the prior written approval
of the Procuring Entity.
27.2 If license agreements are necessary or appropriate between the
Consultant and third parties for purposes of development of the plans,
drawings, specifications, designs, databases, other documents, and
software, the Consultant shall obtain the Procuring Entity’s prior
written approval to such agreements, and the Procuring Entity shall
be entitled at its 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
28. Equipment, 28.1 Equipment, vehicles, and materials made available to the
Vehicles, and Consultant by the Procuring Entity, or purchased by the Consultant
Materials wholly or partly with funds provided by the Procuring Entity, shall be
the property of the Procuring Entity and shall be marked accordingly.
Upon termination or expiration of this Contract, the Consultant shall
make available to the Procuring Entity an inventory of such
equipment, vehicles, and materials and shall dispose of such
equipment, vehicles, and materials per the Procuring Entity’s
instructions. While in possession of such equipment, vehicles, and
materials, the Consultant, unless otherwise instructed by the
Procuring Entity in writing, shall insure them at the expense of the
Procuring Entity in an amount equal to their full replacement value.
28.2 Any equipment or materials brought by the Consultant or its
Experts into the Procuring Entity’s country for the use either for the
project or personal use shall remain the property of the Consultant or
the Experts concerned, as applicable.
D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS

29. Description of Key 29.1 The title, agreed job description, minimum qualification, and
Experts estimated period of engagement to carry out the Services of each of
the Consultant’s Key Experts are described in Appendix B.
30. Replacement of Key 30.1 Except as the Procuring Entity may otherwise agree in
Experts writing, no changes shall be made in the Key Experts.
30.2 Notwithstanding the above, the substitution of Key Experts
during Contract execution may be considered only based on the
Consultant’s written request and due to circumstances outside the
reasonable control of the Consultant, including but not limited to
death or medical incapacity or other reasons approved by the
Procuring Entity. In such case, the Consultant shall forthwith provide
as a replacement, a person of equivalent or better qualifications and
experience, and at the same rate of remuneration.
31. Removal of Experts 31.1 If the Procuring Entity finds that any of the Experts or Sub-
or Sub-consultants consultant has committed serious misconduct or has been charged
with having committed a criminal act, or if the Procuring Entity
determines that a Consultant’s Expert or Sub-consultant has
engaged in Fraud and Corruption while performing the Services, the
Consultant shall, at the Procuring Entity’s written request, provide a
replacement.
31.2 If any of the Key Experts, Non-Key Experts, or Sub-
consultants is found by the Procuring Entity to be incompetent or
incapable in discharging assigned duties, the Procuring Entity,
specifying the grounds, therefore, may request the Consultant to

provide a replacement.
31.3 Any replacement of the removed Experts or Sub-consultants
shall possess better qualifications and experience and shall be
31.4 The Consultant shall bear all costs arising out of or incidental
to any removal and/or replacement of such Experts.
E. OBLIGATIONS OF THE PROCURING ENTITY

32. Assistance and 32.1 Unless otherwise specified in the SCC, the Procuring Entity
Exemptions shall use its best efforts to:
(a) Support the Consultant with obtaining work permits and such
other documents as shall be necessary to enable the Consultant
to perform the Services.
(b) Supporting the Consultant with promptly obtaining, for the
Experts and, if appropriate, their eligible dependents, all
necessary entry and exit visas, residence permits, exchange
permits, and any other documents required for their stay in the
Procuring Entity’s country while carrying out the Services
under the Contract.
(c) Support clearance through customs of any property required for
the Services and of the personal effects of the Experts and their
eligible dependents.
(c) Issue to officials, agents, and representatives of the
Government all such instructions and information as may be
necessary or appropriate for the prompt and effective
implementation of the Services.
(d) Where permitted by law, support the Consultant and the
Experts and any Sub-consultants employed by the Consultant
for the Services with obtaining an exemption from any
requirement to register or obtain any permit to practice their
profession or to establish themselves either individually or as a
corporate entity in the Procuring Entity’s country according to
the applicable law in the Procuring Entity’s country.
(e) Where applicable, support the Consultant, any Sub-consultants,
and the Experts of either of them with obtaining the privilege,
under the applicable law in the Procuring Entity’s country, of
bringing into the Procuring Entity’s country reasonable
amounts of foreign currency for the Services or for the personal
use of the Experts and of withdrawing any such amounts as

may be earned therein by the Experts in the execution of the
Services.
(f) Provide to the Consultant any such other assistance as may be
33. Access to Project 33.1 The Procuring Entity warrants that the Consultant shall have,
Site free of charge, unimpeded access to the project site in respect of
which access is required for the performance of the Services. The
Procuring Entity will be responsible for any damage to the project
site or any property thereon resulting from such access and will
indemnify the Consultant and each of the experts in respect of
liability for any such damage unless such damage is caused by the
willful default or negligence of the Consultant or any Sub-
consultants or the Experts of either of them.
34. Change in the 34.1 If, after the date of this Contract, there is any change in the
Applicable Law applicable law in the Procuring Entity’s country concerning taxes
Related to Taxes and duties which increases or decreases the cost incurred by the
and Duties Consultant in performing the Services, then the remuneration and
reimbursable expenses 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 Contract price amount specified in Clause GCC 38.1
35. Services, Facilities, 35.1 The Procuring Entity shall make available to the Consultant
and Property of the and the Experts, for the Services and free of any charge, the services,
Procuring Entity facilities, and property described in the Terms of Reference
(Appendix A) at the times and in the manner specified in said
Appendix A.
36. Counterpart 36.1 The Procuring Entity shall make available to the Consultant
Personnel free of charge such professional and support counterpart personnel,
to be nominated by the Procuring Entity with the Consultant’s
advice, if specified in Appendix A.
36.2 Professional and support counterpart personnel, excluding
the Procuring Entity’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 Procuring Entity shall not
unreasonably refuse to act upon such request.
37. Payment 37.1 In consideration of the Services performed by the Consultant
Obligation under this Contract, the Procuring Entity shall make such payments
to the Consultant for the deliverables specified in Appendix A and

such manner as is provided by GCC F below.
F. PAYMENTS TO THE CONSULTANT

38. Contract Price 38.1 The Contract price is fixed and is outlined in the SCC. The
Contract price breakdown is provided in Appendix C.
38.2 Any change to the Contract price specified in Clause GCC

38.1 can be made only if the Parties have agreed to the revised scope
of Services under Clause GCC 16 and have amended in writing the
Terms of Reference in Appendix A.
39. Taxes and Duties 39.1 The Consultant, Sub-consultants, and Experts are responsible
for meeting any tax liabilities arising out of the Contract unless it is
stated otherwise in the SCC.
39.2 As an exception to the above and as stated in the SCC, all
locally identifiable indirect taxes (itemized and finalized at Contract
negotiations) are reimbursed to the Consultant or are paid by the
Procuring Entity on behalf of the Consultant.
40. Currency of 40.1 Any payment under this Contract shall be made in the
Payment currency (ies) of the Contract.
41. Mode of Billing and 41.1 The total payments under this Contract shall not exceed the
Payment Contract price outlined in Clause GCC 38.1.
41.2 The payments under this Contract shall be made in lump-sum
installments against deliverables specified in Appendix A. The
payments will be made according to the payment schedule stated in
the SCC.
41.2.1 Advance payment: Unless otherwise indicated in the
SCC, an advance payment shall be made against an advance
payment bank guarantee acceptable to the Procuring Entity in
an amount (or amounts) and a currency (or currencies)
specified in the SCC. Such guarantee (i) is to remain effective
until the advance payment has been fully set off, and (ii) is to
be in the form outlined in Appendix D, or such other form as
the Procuring Entity shall have approved in writing. The
advance payments will be set off by the Procuring Entity in
equal portions against the lump-sum installments specified in
the SCC until said advance payments have been fully set off.
41.2.2 The Lump-Sum Installment Payments. The Procuring
Entity shall pay the Consultant within sixty (60) days after the
receipt by the Procuring Entity of the deliverable(s) and the
cover invoice for the related lump-sum installment payment.

The payment can be withheld if the Procuring Entity does not
approve the submitted deliverable(s) as satisfactory in which
case the Procuring Entity shall provide comments to the
Consultant within the same sixty (60) days period. The
Consultant shall thereupon promptly make any necessary
corrections, and thereafter the foregoing process shall be
repeated.
41.2.3 The Final Payment. The final payment under this
Clause shall be made only after the final report has been
submitted by the Consultant and approved as satisfactory by the
Procuring Entity. The Services shall then be deemed
completed and finally accepted by the Procuring Entity. The
last lump-sum installment shall be deemed approved for
payment by the Procuring Entity within ninety (90) calendar
days after receipt of the final report by the Procuring Entity
unless the Procuring Entity, within such ninety (90) calendar
day period, gives written notice to the Consultant specifying in
detail deficiencies in the Services, the final report. The
Consultant shall thereupon promptly make any necessary
corrections, and thereafter the foregoing process shall be
repeated. 41.2.4 All payments under this Contract shall be
made to the accounts of the Consultant specified in the SCC.
41.2.4 except for the final payment under 41.2.3 above,
payments do not constitute acceptance of the whole Services
nor relieve the Consultant of any obligations hereunder.
42. Interest in Delayed 42.1 If the Procuring Entity had delayed payments beyond fifteen
Payments (15) days after the due date stated in Clause GCC 41.2.2 , interest
shall be paid to the Consultant on any amount due by, not paid on,
such due date for each day of delay at the annual rate stated in the
SCC.
G. FAIRNESS AND GOOD FAITH

43. Good Faith 43.1 The Parties undertake to act in good faith for each other’s
rights under this Contract and to adopt all reasonable measures to
ensure the realization of the objectives of this Contract.
H. SETTLEMENT OF DISPUTES
44. Amicable 44.1 The Parties shall seek to resolve any dispute amicably by
Settlement mutual consultation.
44.2 If either Party objects to any action or inaction of the other

Party, the objecting Party may file a written Notice of Dispute to the
other Party providing in detail the basis of the dispute. The Party
receiving the Notice of Dispute will consider it and respond in
writing within fourteen (14) days after receipt. If that Party fails to
respond within fourteen (14) days, or the dispute cannot be amicably
settled within fourteen (14) days following the response of that Party,
Clause GCC 45.1 shall apply.
45. Dispute Resolution 45.1 Any dispute between the Parties arising under or related to
this Contract that cannot be settled amicably may be referred to by
either Party to the adjudication/arbitration per the provisions
II. General Conditions

Attachment 1
Fraud and Corruption
(Text in this Appendix shall not be modified)
1. Purpose
1.1 The Bureau of Public Procurement’s Anti-Corruption Guidelines and this annex apply
concerning procurement Bureau of Public Procurement operations.
2. Requirements
party;
another party;
directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;
(a) deliberately destroying, falsifying, altering, or concealing evidence material
to the investigation or making false statements to investigators to materially
impede a Bureau of Public Procurement 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
(b) acts intended to materially impede the exercise of the Bureau of Public
Procurement’s inspection and audit rights provided for under paragraph 2.2 e.
below.
firm or individual recommended for award, any of its personnel, its agents, or its
sub-consultants, sub-contractors, service providers, suppliers, and/ or their
employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices in competing for the contract in question;
other appropriate actions, including declaring misprocurement, if the Bureau of
Public Procurement determines at any time that representatives of the Tenderer or a
recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices during the procurement process,
selection and/or execution of the contract in question, without the Tenderer having
taken timely and appropriate action satisfactory to the Bureau of Public Procurement
to address such practices when they occur, including by failing to inform the Bureau
of Public Procurement promptly at the time they knew of the practices;
d. Under the Bureau of Public Procurement’s Anti-Corruption Guidelines and per the
Bureau of Public Procurement’s prevailing sanctions policies and procedures, may
sanction a firm or individual, either indefinitely or for a stated period, including by
publicly declaring such firm or individual ineligible (i) to be awarded or otherwise
benefit from a contract, financially or in any other manner; 8 (ii) to be a nominated9
sub-contractor, consultant, manufacturer or supplier, or service provider of an
otherwise eligible firm being awarded a contract; and (iii) to receive the proceeds of
any loan made by the Bureau of Public Procurement or otherwise to participate
further in the preparation or implementation of any project.
8
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated
sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of
such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing
contract.
9
III. Special Conditions of Contract

[Notes in brackets are for guidance purposes only and should be deleted in the final text of
the signed contract]
Number of GC Amendments of, and Supplements to, Clauses in the General

Clause Conditions of Contract
1.1(a) The Contract shall be construed per the law of Nigeria.
[contracts normally designate the law of the

[Government’s/Procuring Entity’s] country as the law governing the
contract.
4.1 The language is:_English___________ [insert the language].
6.1 and 6.2 The addresses are [fill in at negotiations with the selected firm]:
Procuring Entity :
Attention :
Facsimile :
E-mail (where permitted):
Consultant :
Attention :
Facsimile :
E-mail (where permitted) :
8.1 [If the Consultant consists only of one entity, state “N/A”;
OR
If the Consultant is a Joint Venture consisting of more than one entity,
the name of the JV member whose address is specified in Clause
SCC6.1 should be inserted here. ]
The Lead Member on behalf of the JV is ___________
______________________________ [insert name of the member]
9.1 The Authorized Representatives are:
For the Procuring Entity:

[name, title]
For the Consultant: [name, title]

11.1 [Note: If there are no effectiveness conditions, state “N/A”]
OR
List here any conditions of effectiveness of the Contract, e.g.,
The effectiveness conditions are the following: [insert “N/A” or list

the conditions]
12.1 Termination of Contract for Failure to Become Effective:
The time period shall be _______________________ [insert time

period, e.g.: four months].
13.1 Commencement of Services:
The number of days shall be_________________ [e.g.: ten].
Confirmation of Key Experts’ availability to start the Assignment

shall be submitted to the Procuring Entity in writing as a written
statement signed by each Key Expert.
14.1 Expiration of Contract:
The time period shall be ________________________ [insert time

period, e.g.: twelve months].
21 b. The Procuring Entity reserves the right to determine on a case-

by-case basis whether the Consultant should be disqualified from
providing goods, works, or non-consulting services due to a
conflict of a nature described in Clause GCC 21.1.3
Yes______ No _____
160
23.1 No additional provisions.
[OR
The following limitation of the Consultant’s Liability towards the

Procuring Entity can be subject to the Contract’s negotiations:
“Limitation of the Consultant’s Liability towards the Procuring

Entity:
(a) Except in the case of gross negligence or willful misconduct on
the part of the Consultant or on the part of any person or a
firm acting on behalf of the Consultant in carrying out the
Services, the Consultant, for damage caused by the
Consultant to the Procuring Entity’s property, shall not be
liable to the Procuring Entity:
(i) for any indirect or consequential loss or damage; and
(ii) for any direct loss or damage that exceeds [insert a
multiplier, e.g.: one, two, three] times the total value
of the Contract;
(b) This limitation of liability shall not
(i) affect the Consultant’s liability, if any, for damage to Third
Parties caused by the Consultant or any person or firm acting
on behalf of the Consultant in carrying out the Services;
(ii) be construed as providing the Consultant with any
limitation or exclusion from liability which is prohibited by
Nigerian Law.
[Notes to the Procuring Entity and the Consultant: Any suggestions

made by the Consultant in the Tender to introduce
exclusions/limitations of the Consultant’s liability under the Contract
should be carefully scrutinized by the Procuring Entity and discussed
with the Bureau of Public Procurement before accepting any changes
to what was included in the issued SBD. In this regard, the Parties
should be aware of the Bureau of Public Procurement’s policy on
this matter which is as follows:
To be acceptable to the Bureau of Public Procurement, any limitation

of the Consultant’s liability should at the very least be reasonably
related to (a) the damage the Consultant might potentially cause to
the Procuring Entity, and (b) the Consultant’s ability to pay
compensation using its assets and reasonably obtainable insurance
coverage. The Consultant’s liability shall not be limited to less than a
multiplier of the total payments to the Consultant under the Contract

for remuneration and reimbursable expenses. A statement to the
effect that the Consultant is liable only for the re-performance of
faulty Services is not acceptable to the Bureau of Public
Procurement. Also, the Consultant’s liability should never be limited
to loss or damage caused by the Consultant’s gross negligence or
willful misconduct.
The Bureau of Public Procurement does not accept a provision to the

effect that the Procuring Entity shall indemnify and hold harmless the
Consultant against Third Party claims, except, of course, if a claim is
based on loss or damage caused by default or wrongful act of the
Procuring Entity to the extent permissible by the law applicable in
the Procuring Entity’s country.]
24.1 The insurance coverage against the risks shall be as follows:
[Delete what is not applicable except (a)].
(a) Professional liability insurance, with a minimum coverage of

______________________ [insert amount and currency which should
be not less than the total ceiling amount of the Contract];
(b) Third Party motor vehicle liability insurance in respect of motor

vehicles operated in the Procuring Entity’s country by the
Consultant or its Experts or Sub-consultants, with a minimum
coverage of [insert amount and currency or state “per the
applicable law in the Procuring Entity’s country”];
(c) Third Party liability insurance, with a minimum coverage of

[insert amount and currency or state “per the applicable law in
the Procuring Entity’s country”];
(d) employer’s liability and workers’ compensation insurance in

respect of the experts and Sub-consultants per the relevant
provisions of the applicable law in the Procuring Entity’s
country, as well as, for such Experts, 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.
162
27.1 [If applicable, insert any exceptions to proprietary rights

provision____________________________________]
27.2 [If there is to be no restriction on the future use of these documents by

either Party, this Clause SCC 27.2 should be deleted. 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 [insert what

the Procuring Entity.]
[OR]
[The Procuring Entity shall not use these [insert what
the Consultant.]
[OR]
[Neither Party shall use these [insert what applies…….documents

and software………..] for purposes unrelated to this Contract
without the prior written approval of the other Party.]
32.1 [List here any changes or additions to Clause GCC 32.1. If there are
(a) through (e) no such changes or additions, delete this Clause SCC 32.1.]
32.1(f) [List here any other assistance to be provided by the Procuring Entity.
If there is no such other assistance, delete this Clause SCC 32.1(f).]
38.1 The Contract price is: ____________________ [insert amount and

currency for each currency as applicable] [indicate: inclusive or
exclusive] of local indirect taxes.
Any indirect local taxes chargeable in respect of this Contract for

the Services provided by the Consultant shall [insert as
appropriate: “be paid” or “reimbursed”] by the Procuring Entity
[insert as appropriate: “for“ or “to”] the Consultant.
The amount of such taxes is ____________________ [insert the

amount as finalized at the Contract’s negotiations on the basis of
the estimates provided by the Consultant in Form FIN-2 of the

Consultant’s Financial Tender.
39.1 and 39.2 [The Bureau of Public Procurement leaves it to the Procuring Entity
to decide whether the Consultant (i) should be exempted from indirect
local tax, or (ii) should be reimbursed by the Procuring Entity for any
such tax they might have to pay (or that the Procuring Entity would
pay such tax on behalf of the Consultant]
The Procuring Entity warrants that [choose one applicable option
consistent with the ITC 16.3 and the outcome of the Contract’s
negotiations (Form FIN-2, part B “Indirect Local Tax – Estimates”):
If ITC16.3 indicates a tax exemption status, include the following:
“the Consultant, the Sub-consultants, and the Experts shall be
exempt from”
OR
If ITC16.3 does not indicate the exemption and, depending on whether
the Procuring Entity shall pay the withholding tax or the Consultant
has to pay, include the following:
“the Procuring Entity shall pay on behalf of the Consultant, the
Sub-consultants, and the Experts,” OR “the Procuring Entity
shall reimburse the Consultant, the Sub-consultants, and the
Experts”]
any indirect taxes, duties, fees, levies, and other impositions
imposed, under the applicable law in the Procuring Entity’s
country, on the Consultant, the Sub-consultants, and the Experts
in respect of:
(a) any payments whatsoever made to the Consultant, Sub-
consultants, and the Experts (other than nationals or
permanent residents of the Procuring Entity’s country), in
connection with the carrying out of the Services;
(b) any equipment, materials, and supplies brought into the
Procuring Entity’s country by the Consultant or Sub-
consultants to carry out the Services and which, after having
been brought into such territories, will be subsequently
withdrawn by them;
(c) any equipment imported to carry out the Services and paid
for out of funds provided by the Procuring Entity and which
is treated as property of the Procuring Entity;
(d) any property brought into the Procuring Entity’s country by
164
the Consultant, any Sub-consultants or the Experts (other

than nationals or permanent residents of the Procuring
Entity’s country), or the eligible dependents of such experts
for their personal use and which will subsequently be
withdrawn by them upon their respective departure from the
Procuring Entity’s country, provided that:
(i) the Consultant, Sub-consultants, and experts shall
follow the customs procedures of the Procuring Entity’s
country in importing property into the Procuring
Entity’s country; and
(ii) if the Consultant, Sub-consultants, or Experts do

not withdraw but dispose of any property in the
Procuring Entity’s country upon which customs duties
and taxes have been exempted, the Consultant, Sub-
consultants, or Experts, as the case may be, (a) shall
bear such customs duties and taxes in conformity with
the regulations of the Procuring Entity’s country, or (b)
shall reimburse them to the Procuring Entity if they
were paid by the Procuring Entity at the time the
property in question was brought into the Procuring
Entity’s country.
41.2 The payment schedule:
[Payment of installments shall be linked to the deliverables specified

in the Terms of Reference in Appendix A]
1st payment: [insert the amount of the installment, percentage of the

total Contract price, and the currency. If the first payment is an
advance payment, it shall be made against the bank guarantee for the
same amount as per GCC 41.2.1]
2nd payment: ________________
……………:__________________
Final payment: ________________
[Total sum of all installments shall not exceed the Contract price set
up in SCC38.1.]
41.2.1 [The advance payment could be in either the foreign currency, the
local currency, or both; select the correct wording in the Clause here
below. The advance bank payment guarantee should be in the same
currency(ies)]
The following provisions shall apply to the advance payment and the
advance bank payment guarantee:
(1) An advance payment [of [insert amount] in foreign currency]

[and of [insert amount] in local currency] shall be made within
[insert number] days after the receipt of an advance bank
payment guarantee by the Procuring Entity. The advance
payment will be set off by the Procuring Entity in equal portions
against [list the payments against which the advance is offset].
(2) The advance bank payment guarantee shall be in the amount and
in the currency of the currency(ies) of the advance payment.
(3) The bank guarantee will be released when the advance payment
has been fully set off.
41.2.4 The accounts are:
for foreign currency: [insert account].

for local currency: [insert account].
42.1 The interest rate is: [insert rate].
45.1
Disputes shall be settled by arbitration per the following
provisions:
1. Selection of Arbitrators. Each dispute submitted by a Party to
arbitration shall be heard by a sole arbitrator or an arbitration
panel composed of three (3) arbitrators, per the following
provisions:
(a) Where the Parties agree that the dispute concerns a

technical matter, they may agree to appoint a sole arbitrator
or, failing agreement on the identity of such sole arbitrator
within thirty (30) days after receipt by the other Party of
the Tender of a name for such an appointment by the Party
who initiated the proceedings, either Party may apply to
[ii) African Regional Centre for International Commercial
Arbitration, Lagos, Nigeria] for a list of not fewer than
five (5) nominees and, on receipt of such list, the Parties
shall alternately strike names therefrom, and the last
remaining nominee on the list shall be the sole arbitrator
for the matter in dispute. If the last remaining nominee has
not been determined in this manner within sixty (60) days
of the date of the list, the African Regional Centre for
International Commercial Arbitration, Lagos, Nigeria
shall appoint, upon the request of either Party and from
166
such list or otherwise, a sole arbitrator for the matter in

dispute.
(b) Where the Parties do not agree that the dispute concerns a
technical matter, the Procuring Entity and the Consultant
shall each appoint one (1) arbitrator, and these two
arbitrators shall jointly appoint a third arbitrator, who shall
chair the arbitration panel. If the arbitrators named by the
Parties do not succeed in appointing a third arbitrator
within thirty (30) days after the latter of the two (2)
arbitrators named by the Parties has been appointed, the
third arbitrator shall, at the request of either Party, be
appointed by ii) African Regional Centre for
International Commercial Arbitration, Lagos, Nigeria.
(c) If in a dispute subject to paragraph (b) above, one Party

fails to appoint its arbitrator within thirty (30) days after
the other Party has appointed its arbitrator, the Party which
has named an arbitrator may apply to the African Regional
Centre for International Commercial Arbitration, Lagos,
Nigeria to appoint a sole arbitrator for the matter in
dispute, and the arbitrator appointed under such application
shall be the sole arbitrator for that dispute.
2. Rules of Procedure. Except as otherwise stated herein,

arbitration proceedings shall be conducted per the rules of
procedure for arbitration issued under the Arbitration law in
force in Niegria on the date of this Contract.
3. Substitute Arbitrators. If for any reason an arbitrator is unable to

perform his/her function, a substitute shall be appointed in the
same manner as the original arbitrator.
4. Qualifications of Arbitrators. The sole arbitrator or the third

arbitrator appointed under paragraphs 1(a) through 1(c) above
shall be a recognized, independent legal or technical expert with
extensive experience with the subject matter in dispute, who has
no actual or potential conflict of interest.
5. Miscellaneous. In any arbitration proceeding hereunder:
(a) proceedings shall, unless otherwise agreed by the Parties,

be held in Nigeria;
(b) the English language shall be the official language for all
purposes; and
(c) the decision of the sole arbitrator or of a majority of the

arbitrators (or of the third arbitrator if there is no such
majority) shall be final and binding and shall be
enforceable in any court of competent jurisdiction, and the
Parties hereby waive any objections to or claims of
immunity in respect of such enforcement.
IV. Appendices
APPENDIX A – TERMS OF REFERENCE
[This Appendix shall include the final Terms of Reference (TORs) worked out by the
Procuring Entity and the Consultant during the negotiations; dates for completion of various
tasks; location of performance for different tasks; detailed reporting requirements and a list
of deliverables against which the payments to the Consultant will be made; Procuring
Entity’s input, including counterpart personnel assigned by the Procuring Entity to work on
the Consultant’s team; specific tasks or actions that require prior approval by the Procuring
Entity.
Insert the text based on Section 7 (Terms of Reference) of the ITC in the SBD and modified
based on the Forms TECH-1 through TECH-5 of the Consultant’s Tender. Highlight the
changes to Section 7 of the SBD]
………………………………………………………………………………………………
APPENDIX B - KEY EXPERTS

[Insert a table based on Form TECH-6 of the Consultant’s Technical Tender and finalized at
the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key
Experts) demonstrating the qualifications of Key Experts.]
…………………………………………………………………………………………………
…
APPENDIX C – BREAKDOWN OF CONTRACT PRICE

[Insert the table with the unit rates to arrive at the breakdown of the lump-sum price. The
table shall be based on [Form FIN-3 and FIN-4] of the Consultant’s Tender and reflect any
changes agreed upon at the Contract negotiations if any. The footnote shall list such changes
made to [Form FIN-3 and FIN-4] at the negotiations or state that none has been made.]
When the Consultant has been selected under the Quality-Based Selection method, also add
the following:
“The agreed remuneration rates shall be stated in the attached Model Form I. This form
shall be prepared based on Appendix A to Form FIN-3 of the SBD “Consultants’
Representations regarding Costs and Charges” submitted by the Consultant to the
Procuring Entity before the Contract’s negotiations.
IV. Appendices Lump-Sum
Should these representations be found by the Procuring Entity (either through

inspections or audits under Clause GCC 25.2 or through other means) to be materially
incomplete or inaccurate, the Procuring Entity shall be entitled to introduce appropriate
modifications in the remuneration rates affected by such materially incomplete or
inaccurate representations. Any such modification shall have retroactive effect and, in
case remuneration has already been paid by the Procuring Entity before any such
modification, (i) the Procuring Entity shall be entitled to offset any excess payment
against the next monthly payment to the Consultants, or (ii) if there are no further
payments to be made by the Procuring Entity to the Consultants, the Consultants shall
reimburse to the Procuring Entity any excess payment within thirty (30) days of receipt
of a written claim of the Procuring Entity. Any such claim by the Procuring Entity for
reimbursement must be made within twelve (12) calendar months after receipt by the
Procuring Entity of a final report and a final statement approved by the Procuring
Entity per Clause GCC 45.1(d) of this Contract.”]
Model Form I
Breakdown of Agreed Fixed Rates in Consultant’s Contract
We hereby confirm that we have agreed to pay the Experts listed, who will be involved in performing the Services, the basic fees,
and away from the home office allowances (if applicable) indicated below:
(Expressed in [insert name of currency])*
Experts 1 2 3 4 5 6 7 8
Basic
Remuneration Away from Agreed Fixed Agreed Fixed
Social Overhead
Name Position rate per Subtotal Profit 2
Home Office Rate per Working Rate per Working
Charges1 1
Working Allowance Month/Day/Hour Month/Day/Hour1
Month/Day/Year
Home Office
Work in Nigeria
* If more than one currency, add a table
Signature Date
Name and Title:

APPENDIX D - FORM OF ADVANCE PAYMENTS GUARANTEE

[See Clause GCC 41.2.1 and SCC 41.2.1]
{Guarantor letterhead or SWIFT identifier code}
Bureau of Public Procurement Guarantee Template for Advance Payment
Guarantor: ___________________ [insert commercial Bureau of Public Procurement’s Name,

and Address of Issuing Branch or Office]
Beneficiary: _________________ [insert Name and Address of Procuring Entity]
Date: ____________[insert date]____
ADVANCE PAYMENT GUARANTEE No.: ___________[insert number]______
We have been informed that ____________ [name of Consultant or a name of the Joint Venture,
same as appears on the signed Contract] (hereinafter called "the Consultant") has entered into
Contract No. _____________ [reference number of the contract] dated ___[insert
date]_________ with the Beneficiary, for the provision of __________________ [brief
description of Services] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance
payment in the sum of ___________ [insert amount in figures] ( ) [amount in
words] is to be made against an advance payment guarantee.
At the request of the Consultant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ [amount in
figures] ( ) [amount in words]101 upon receipt by us of the Beneficiary’s complying
demand supported by the Beneficiary’s a written statement, whether in the demand itself or a
separately signed document accompanying or identifying the demand, stating that the Consultant
is in breach of its obligation under the Contract because of the Consultant:
(a) has failed to repay the advance payment per the Contract conditions, specifying the
amount which the Consultant has failed to repay;
(b) has used the advance payment for purposes other than toward providing the Services
under the Contract.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Consultant on their account number
___________ at _________________ [name and address of bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Consultant as indicated in certified statements or invoices
marked as “paid” by the Procuring Entity which shall be presented to us. This guarantee shall
expire, at the latest, upon our receipt of the payment certificate or paid invoice indicating that the
Consultant has made full repayment of the amount of the advance payment, or on the __ day of
10 1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in
the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency
_[month]__________, [year]__,112 whichever is earlier. Consequently, any demand for

payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 revision,
ICC Publication No. 758.
_____________________
[signature(s)]
{Note: All italicized text is for indicative purposes only to assist in preparing this form and shall
be deleted from the final product.}
11 2
Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the
Procuring Entity would need to request an extension of this guarantee from the Guarantor. Such request must be
in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee,
the Procuring Entity might consider adding the following text to the form, at the end of the penultimate paragraph:
“The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year],
in response to the Procuring Entity’s written request for such extension, such request to be presented to the
Guarantor before the expiry of the guarantee.”
PART III
Section 9. Notification of Intention to Award and Beneficial

Ownership Forms
Notification of Intention to Award
[This Notification of Intention to Award shall be sent to each Consultant whose Financial
Tender was opened. Send this Notification to the authorized representative of the Consultant].
For the attention of the Consultant’s authorized representative

Name: [insert authorized representative’s name]
Address: [insert authorized representative’s address]
Telephone/Fax numbers: [insert authorized representative’s telephone/fax numbers]
Email Address: [insert authorized representative’s email address]
[IMPORTANT: insert the date that this Notification is transmitted to all Consultants. The
Notification must be sent to all Consultants simultaneously. This means on the same date and
as close to the same time as possible.]
DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)
Notification of Intention to Award

Procuring Entity: [insert the name of the Procuring Entity]
Contract title: [insert the name of the contract]
Country: Nigeria
SBD No: [insert SBD reference number from Procurement Plan]
This Notification of Intention to Award (Notification) notifies you of our decision to award
the above contract. The transmission of this Notification begins the Standstill Period. During
the Standstill Period you may:
a) request a debriefing concerning the evaluation of your Tender, and/or
b) submit a Procurement-related Complaint concerning the decision to award the

contract.
1. The successful Consultant
Name: [insert name of successful Consultant]
Address: [insert address of the successful Consultant]
Contract price: [insert contract price of the successful Consultant]

2. Short-listed Consultants [INSTRUCTIONS: insert names of all short-listed Consultants and indicate which Consultants
submitted Tenders. Where the selection method requires it, state the price offered by each Consultant as read out, and as
evaluated. Include overall technical scores and scores assigned for each criterion and sub-criterion. Select Full Technical
Tender (FTP) or Simplified Technical Tender (STP) in the last column below.]
[use for STP] Financial Evaluated Combined

Name of Submitted [use for FTP] Financial score and
Overall technical Tender price
Consultant Tender Overall technical scores Tender price ranking (if
scores (if applicable) (if applicable) applicable)
Criterion (i): [insert score] Criterion (i): [insert score] Combined
[insert name] [yes/no] [Tender price] [evaluated Score:
Criterion (ii): [insert score] Criterion (ii): [insert score]
price] [combined score]
Criterion (iii): [insert score] Sub-criterion a: [insert
Sub-criterion a: score] Ranking:
1: [insert score] Sub-criterion b: [insert [ranking]
2: [insert score] score]
3: [insert score] Sub-criterion c: [insert
score]
Sub-criterion b:
1: [insert score] Total score: [insert score]
2: [insert score]
3: [insert score]
Sub-criterion c:
1: [insert score]
2: [insert score]
3: [insert score]
Criterion (iv): [insert score]
Criterion (v): [insert score]
Total score: [insert score]


Sub-criterion b: score]
2: [insert score]
3: [insert score]
Sub-criterion c:
1: [insert score]
2: [insert score]
3: [insert score]

score]
Sub-criterion b:
2: [insert score]
3: [insert score]
Sub-criterion c:
1: [insert score]
2: [insert score]
3: [insert score]

[insert name] …
… …
3. Reason/s why your Tender was unsuccessful [Delete if the combined score already
reveals the reason]
[INSTRUCTIONS; State the reason/s why this Consultant’s Tender was unsuccessful.
Do NOT include: (a) a point-by-point comparison with another Consultant’s Tender or
(b) information that is marked confidential by the Consultant in its Tender.]
4. How to request a debriefing [This applies only if your Tender was unsuccessful as
stated under point (3) above]
DEADLINE: The deadline to request a debriefing expires at midnight on [insert

date] (local time).
You may request a debriefing concerning the results of the evaluation of your Tender. If
you decide to request a debriefing your written request must be made within three (3)
Business Days of receipt of this Notification of Intention to Award.
Provide the contract name, reference number, name of the Consultant, and contact details;
and address the request for debriefing as follows:
Attention: [insert full name of the person, if applicable]
Agency: [insert name of Procuring Entity]
If your request for a debriefing is received within the 3 Business Days deadline, we will
provide the debriefing within five (5) Business Days of receipt of your request. If we are
unable to provide the debriefing within this period, the Standstill Period shall be
extended by five (5) Business Days after the date that the debriefing is provided. If this
happens, we will notify you and confirm the date that the extended Standstill Period will
end.
The debriefing may be in writing, by phone, by video conference call, or in person. We
shall promptly advise you in writing how the debriefing will take place and confirm the
date and time.
If the deadline to request a debriefing has expired, you may still request a debriefing. In
this case, we will provide the debriefing as soon as practicable, and normally no later
than fifteen (15) Business Days from the date of publication of the Contract Award
Notice.
5. How to make a complaint
DEADLINE: The deadline for submitting a Procurement-related Complaint

challenging the decision to award the contract expires at midnight, [insert date]
(local time).
Provide the contract name, reference number, name of the Consultant, and contact details;
and address the Procurement-related Complaint as follows:
Attention: [insert full name of the person, if applicable]
Agency: [insert name of Procuring Entity]
[At this point in the procurement process] [ Upon receipt of this notification] you may
submit a Procurement-related Complaint challenging the decision to award the contract.
You do not need to have requested, or received, a debriefing before making this
complaint. Your complaint must be submitted within the Standstill Period and received
by us before the Standstill Period ends.
Further information:
For more information see “(Annex III).” You should read these provisions before
preparing and submitting your complaint. In addition, the Bureau of Public
Procurement’s Regulations “___” provides a useful explanation of the process, as well as
a sample letter of complaint.
In summary, there are four essential requirements:
1. You must be an ‘interested party. In this case, that means a Consultant who has
submitted a Tender in this selection process and is the recipient of a Notification
of Intention to Award.
2. The complaint can only challenge the decision to award the contract.
3. You must submit the complaint within the deadline stated above.
4. You must include, in your complaint, all of the information required by the
Procurement Regulations (as described in Annex III).
6. Standstill Period
DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local
time).
The Standstill Period lasts ten (10) Business Days after the date of transmission of this
Notification of Intention to Award.
The Standstill Period may be extended. This may happen when we are unable to provide
a debriefing within the five (5) Business Day deadline. If this happens we will notify you
of the extension.
If you have any questions regarding this Notification, please do not hesitate to contact us.
On behalf of [insert the name of the Procuring Entity]:
Signature: ______________________________________________
Name: ______________________________________________
Title/Position: ______________________________________________
Telephone: ______________________________________________
Email: ______________________________________________
Beneficial Ownership Disclosure Form
INSTRUCTIONS TO CONSULTANTS: DELETE THIS BOX ONCE YOU HAVE

COMPLETED THE FORM
This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful

Consultant. In case of joint venture, the Consultant must submit a separate Form for each
member. The beneficial ownership information to be submitted in this Form shall be
current as of the date of its submission.
For the purposes of this Form, a Beneficial Owner of a Consultant is any natural person
who ultimately owns or controls the Consultant by meeting one or more of the following
conditions:
directly or indirectly holding 20% or more of the shares

directly or indirectly holding 20% or more of the voting rights
directly or indirectly having the right to appoint a majority of the board of
directors or equivalent governing body of the Consultant
Standard Bidding Document reference No.: [insert identification no]

Name of the Assignment: [insert name of the assignment]
To: [insert complete name of Procuring Entity]
In response to your notification of award dated [insert date of notification of award] to

furnish additional information on beneficial ownership: [select one option as applicable and
delete the options that are not applicable]
(i) we hereby provide the following beneficial ownership information.
Details of beneficial ownership

Identity of Directly or indirectly Directly or Directly or indirectly
Beneficial Owner holding 20% or more indirectly holding has the right to
of the shares 20 % or more of appoint a majority of
the Voting Rights the board of
(Yes / No) directors or an
(Yes / No) equivalent governing
body of the
Consultant
(Yes / No)
[include full name

(last, middle, first),
nationality, country
of residence]
OR
(ii) We declare that there is no Beneficial Owner meeting one or more of the following
conditions:
● directly or indirectly holding 20% or more of the shares

● directly or indirectly holding 20% or more of the voting rights
● directly or indirectly has the right to appoint a majority of the board of directors or
equivalent governing body of the Consultant
OR
(iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of
the following conditions. [If this option is selected, the Consultant shall explain why it is
unable to identify any Beneficial Owner]
● directly or indirectly holding 20% or more of the shares
● directly or indirectly holding 20% or more of the voting rights
● directly or indirectly has the right to appoint a majority of the board of directors or
equivalent governing body of the Consultant]”
Name of the Consultant: *[insert complete name of the Consultant]_________
Name of the person duly authorized to sign the Tender on behalf of the Consultant:
**[insert complete name of the person duly authorized to sign the Tender]___________
Title of the person signing the Tender: [insert complete title of the person signing the
Tender]______
Signature of the person named above: [insert signature of the person whose name and
capacity are shown above]_____
Date signed [insert date of signing] day of [insert month], [insert year]_____
*
In the case of the Tender submitted by a Joint Venture specify the name of the Joint Venture as Consultant. If
the Consultant is a joint venture, each reference to “Consultant” in the Beneficial Ownership Disclosure Form
(including this Introduction thereto) shall be read to refer to the joint venture member.
**
Person signing the Tender shall have the power of attorney given by the Consultant. The power of attorney
shall be attached with the Tender Schedules.

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Federal Government of Nigeria

Standard Bidding Document

Standard Bidding Document

PART I – SELECTION PROCEDURES AND REQUIREMENTS

Section 1: Standard Bidding Documents (SBD) Letter

Section 2: Instructions to Consultants and Data Sheet

Section 3: Technical Tender – Standard Forms

Section 4: Financial Tender – Standard Forms

Section 5: Eligible Countries

This Section contains information regarding eligible countries.

Section 6: Fraud and Corruption

Section 7: Terms of Reference (TORs)

PART II – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section 8: Standard Forms of Contract

PART III – NOTIFICATION OF INTENTION TO AWARD AND BENEFICIAL OWNERSHIP

Section 9: Notification of Intention to Award and Beneficial Ownership Forms

35. Procurement Related Complaint 32

Appendix E - Form of Advance Payments Guarantee 132

35. Services, Facilities and Property of the Procuring Entity 158

Name and Contact Addresses of Procuring Entity Click or tap here to

Procuring Entity Name: Click or tap here to enter text.

Contact Name: Click or tap here to enter text.

Contact Address: Click or tap here to enter text.

Contact Email Address: Click or tap here to enter text.

Invitation to Tender (ITT) No.: Click or tap here to enter text.

Tender Name: Click or tap here to enter text.

2. Tendering will be conducted under the open competitive method

3. If Tender is subject to a Reservation, specify the Group eligible to

4. Qualiﬁed and interested Tenderers may obtain further information

5. A complete set of Tender Documents may be purchased or

obtained electronically from the website Enter website url. Tender

6. Tender documents may be viewed and downloaded for free from

7. All Tenders must be accompanied by a Enter “Tender Security” or

8. The Tenderer shall paginate the submitted Tender Documents.

9. Completed Tender Documents must be delivered to the address

10. Electronic Tenders Enter “will” or “will not” be permitted.

12. Late Tenders will be rejected.

13. The addresses referenced above are:

Address for obtaining further information for Tender Documents

• Enter Name of Procuring Entity

• Enter Postal Address

• Enter Telephone Number and Email Address of the officer to be

• Enter Name of Procuring Entity

• Enter Postal Address

• Enter Telephone Number and Email Address of the officer to be

Address for opening of Tenders.

• Enter Name of Procuring Entity

• Enter Postal Address

• Enter Telephone Number and Email Address of the officer to be

Authorized ofﬁcial (name, designation, signature, and date)

Enter Date of Signature

Section 1. Standard Bidding Document Letter

Standard Bidding Document Letter

Name of Assignment: _____________________________hhhhujmkhjkk______________

Dear Mr. /Ms.:

Section 4 - Financial Tender - Standard Forms

[Insert name of office]

Section 2. Instructions to Consultants and Data Sheet

(b) “Applicable Law” means the laws and any other

Name of Assignment: _______________hhhhujmkhjkk