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Tendering Procedures in Lagos State under the Public Procurement Law 2011

Tendering Procedures in Lagos State under the Public Procurement Law 2011. Presented By Engr. Akin Onimole | February 13, 2013 GM/CEO, Public Procurement Agency. Background Information.

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Tendering Procedures in Lagos State under the Public Procurement Law 2011

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  1. Tendering Procedures in Lagos State under the Public Procurement Law 2011 Presented By Engr. Akin Onimole | February 13, 2013 GM/CEO, Public Procurement Agency

  2. Background Information • The Lagos State Public Procurement Law 2011 was passed by the LSHA and assented to by H.E Governor Babatunde Raji Fashola in October 21, 2011; • By the provision of the Law the Public Procurement Agency (PPA) was created in April 2, 2012 as an independent regulatory body to ensure compliance with the Law State-wide. • The Activities of the Agency are to be administered by a Board to be established by HE. • The objective of Government in enacting the Law is to attain transparency, competitiveness, professionalism and guarantee integrity and public trust in the Public Procurement Procedures.

  3. New Tendering Procedures

  4. Benefits of the New System

  5. Pre-qualification Requirements for Bidding • Bidders should possess: • Legal capacity to enter into a contract • Professional and technical qualifications to carry out particular procurement • Equipment and other relevant infrastructure • Adequate and experienced personnel to perform the obligations of the contract

  6. Pre-qualification Requirements for Bidding (Contd) • Financial capability • Have fulfilled all obligations to pay relevant taxes and adequate registration as a contractor in the State • Accompany every bid as may be required with necessary documents e.g. Bid Security, Affidavit of Disclosure disclosing whether any officer of the MDA and/ or PPA is a former/ present director of the company.

  7. Grounds for Disqualification 1. Non-Compliance with any of the above principally • Promise of a gift of money or any tangible item or employment in an attempt to influence any action of decision making of any procurement activity . • If consultants/ contractors failed to perform or to provide due care in performance of any public procurement during the last three years prior to the commencement of the procurement proceedings. • Section 43: A procuring entity shall disqualify a bidder who submits documents containing false information or documents forged for purposes of disqualification at any time, such disqualification shall be published in the State Official Gazette.

  8. Currency of Tender • All values in procurement documents shall be stated in Naira and where stated in foreign currency (for ICB Contracts) shall be converted to Naira using the exchange rate of CBN valid on the date of opening of tender.

  9. Bid Opening • Contractors who wish to attend bid opening are allowed to attend • Bids to be opened in the public • Register of names and addresses of each bidder, total amount of each bid, bid currency shall be taken • Bids to be opened immediately following the deadline stipulated for the submission or any extension thereof • NGOs, Civil Society, Professional Associations relevant to the procurement are allowed to observe each process

  10. Bids Examination • This is to confirm that submission • Meet minimum eligibility criteria specified in the bid document • Have been duly signed • Are substantially responsive to the bidding documents • Are generally in order • The MDA shall give prompt notice of the correction to the contractor. At this point bid may be rejected on the following grounds

  11. Bids Examination (cont’d) • Bid not signed • Bid received after date and time for submission stipulated • Unacceptable sub-contracting • Unacceptable price adjustment • Unacceptable alternative design • Any bid submitted at the wrong location

  12. Bids Examination (cont’d) • If bidder is not invited or pre-qualified to bid • If there are qualifying clauses in the offer • When a bid is rejected, a prompt notice shall be given to the contractor stating reasons for the rejection • No other criteria or method shall be used except those stipulated in the solicitation document • The objective of the bid evaluation shall be to determine and select the lowest evaluated responsive bid from bidders

  13. Things to Know when Tendering for a Contract

  14. Things to Know…….

  15. Thank You Eko O ni baje oooo

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