ToR : PROCUREMENT CONSULTANCY SERVICES TO THE FEDERAL PROJECT MANAGEMENT UNIT OF THE NIGERIA EROSION & WATERSHED MANAGEMENT PROJECT

Nigeria Erosion and Watershed Management Project

ToR : PROCUREMENT CONSULTANCY SERVICES TO THE FEDERAL PROJECT MANAGEMENT UNIT OF THE NIGERIA EROSION & WATERSHED MANAGEMENT PROJECT

February 6, 2019 Blog Grid Events FPMU News Procurement and Work Plan Recent News 0

FEDERAL MINISTRY OF ENVIRONMENT

NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT
(NEWMAP)

TERMS OF REFERENCE (TOR)
FOR THE
PROCUREMENT CONSULTANCY SERVICES TO THE FEDERAL PROJECT MANAGEMENT UNIT OF THE NIGERIA EROSION & WATERSHED MANAGEMENT PROJECT

1.0. INTRODUCTION/BACKGROUND
1.1. As part of Governments commitment to transformation of the Nigerian socio-economy landscape, a multi-sector project is being executed in Nigeria to mitigate the vulnerability to erosion and support the people as they relate to their land. In order to achieve this, the Federal Government has applied & received a credit from the International Development Association (IDA) towards the cost of Nigeria Erosion and Watershed Management Project (NEWMAP). The Project is supported with financing from the World Bank to the tune of $550 million. The Agency at the Federal level is the Federal Ministry of Environment (FME), Department of Erosion, Flood and Coastal Zone Management.
1.2. The Nigeria Erosion and Watershed Management Project (NEWMAP) is an 8-year multi-sectoral and multi-scale program that on the one hand targets seven southeastern states with acute gully erosion (Abia, Anambra, Cross River, Ebonyi, Edo, Enugu and Imo States), laying the foundation to the scaling out to south west and the northern parts of Nigeria to include the following states: Delta, Kogi, Akwa Ibom, Nasarawa, Niger,Plateau, Gombe, Borno, Oyo, Ondo, Katsina, Kano and Sokoto – the number of states may increase to 25 to 30 states in the future. The project is involving many Federal and State Ministries, Departments and Agencies (MDAs), Local Governments, communities and civil Societies. The various MDAs include those responsible for Planning, economy, finance, works, agriculture, water resources, forests, transport, power, emergency response as well as those focused on climate and hydrological information or watershed/basin regulation. Effective implementation will therefore require inter-ministerial and inter-state coordination, collaboration and information sharing.
1.3. This multi-sector project is expected to support a transformation in how Nigerians relate to their land. To respond to the President of Nigeria’s request to the Bank to support the country to address severe erosion in southern Nigeria, which is scaled up to the northern part of Nigeria, the Project would take a comprehensive watershed management approach coupled with an investment focus on gully erosion/Land prevention and rehabilitation (via a rapid-response facility). Also, via a cross-state learning element, the project will be dynamic, visible, active, transparent, push for reforms, and provide a framework for action that could be scaled out nationwide
1.4. The southern intervention involves: “Damage Control” to slow the expansion of the targeted set of aggressive gullies, thereby reducing the loss to property and infrastructure and help cultivate community ownership; influencing the gully intervention to support integrated watershed management and move towards greater adoption of sustainable land and water management practices by local people in the sub-watershed where the gully is located; improving or protecting rural livelihoods in the sub-watershed and carefully implementing local Resettlement Action Plans; Strengthening disaster risk reduction and preparedness at State, Local and Community levels and strengthening relevant institutions and information services. The Northern invention is focused on the contribution to securing ecosystem function from erosion management measures in states within the Sokoto-Rima and Upper Niger Basins. The focus in these states will be less linked to gullies, but rather to other forms of erosion that compromise the natural resource base and associated livelihoods.
1.5. The major ecological problems in the North include drought, desertification, water resource depletion, wide spread dam failures/siltation and general impoverishment of the soil through sheet/gully erosion, deforestation and unpredictable climatic fluctuation. These problems are further compounded by the annual bush burning of the savannah that further exposes the top soil to more wind and water erosion. Floods also pose a problem on the flood plains during the rainy season, while aridity is a problem to several areas at short distances from the rivers during the dry season. Much damage is done to land and property as a result of these phenomena. With the challenge of climate change and global warming, the rivers have always had the tendency to overrun their banks, leading to frequent displacement of people living along riverbeds and floodplains, as well as loss of farmlands and Livelihoods
1.6. In order to ensure continuity for the old states and a good take off and guarantee the realization of this goal for the new states, the Federal Project Management Unit (FPMU) proposes to acquire the services of a procurement consultancy firm with specific expertise, proven track record and experience in public procurement in Bank financed project for institutional development to assist in carrying out various procurement activities. The Consultancy firm is expected to carry out procurement functions as well as provide practical support/training to other related staff in the preparation of procurement documents, including procurement plan, Expression of Interest (EOI), Request for Proposal (RFP), bidding documents, etc. for Goods, Works and Services. The firm will also be responsible for the preparation of Evaluation Reports & Monitoring of contract awards for both prior & post reviews, all in accordance with the World Bank Procurement Guidelines.
1.7. The Project is comprised of four components: Erosion and Watershed Management Investments with the objective to support on-the-ground interventions to reduce vulnerability to land degradation; Erosion and Watershed Management Institutions and Information Services with the objectives of addressing the long-term sustainability of tackling of erosion and watershed problems by strengthening the enabling environment across sectors and states; Climate Change Agenda Support is dedicated to assisting the country to address the broader climate change agenda; and Project Management which is to ensure efficient delivery of project resources and document results. Each component, sub-component and activity is to be implemented through relevant Federal and State MDAs, relying on a robust joint annual programming process that is facilitated by the respective Project Management Unit (PMU) – one at the federal and one for each participating states. Most of the investment will occur at the states, as states have the primary responsibility for land management and land allocations.
1.8. The Federal Ministry of Environment which, is to implement activities of the project has set up a Project Management Unit (PMU) and staffed it with a Project Coordinator and project staff at the federal level and the participating state ministries of environment have set up their PMUs with state coordinators and project staff. Some of these staff has not had any previous experience in managing World Bank/IDA projects and would need initial guidance in this regard.
1.9. The Federal Project Management Unit now intends to use part of the proceeds of the credit for the recruitment of a Procurement firm

2.0. MAIN OBJECTIVE OF THE CONSULTANCY

2.1. The purpose of this Consultancy services is to select a consultancy firm to guide the PMU at the Federal and State levels to ensure that procurement processes and project implementation are done in accordance with the Guidelines for Procurement under IBRD Loans and IDA Credits (the Procurement Guidelines) and the Guidelines for Selection and Employment of Consultants by World Bank Borrowers (the Consultant Guidelines) and within the consideration of government bureaucratic procedures without creating conflicts that could be adverse to the smooth implementation of the project. This Consulting work is very critical to the success of the overall project being envisaged.

3.0. SCOPE OF WORK

3.1. To achieve the core objectives of this assignment, the consultancy firm will develop a work plan and provide qualified and skilled personnel in sufficient numbers to ensure the completion of the tasks listed below in a manner consistent with the international standards adopted for NEWMAP:

 General Procurement Activities

a. Preparation of the procurement plan for the PMUs, submit to the Bank for no-objection and monitor/update the same regularly. While preparing the plan, care should be taken to ensure optimum competition, economy and efficiency and priority of items.
b. Coordinate for publication of the procurement plan on the PMUs website.
c. Maintaining systematically the procurement related records and documentations for audit/ review by the World Bank as well as State AGs.
d. Actively participating & provide technical support at reviewing the status of the project.
e. Advice the Unit on any procurement related matters.
f. Instruct bidders on procedure for submission of bids.
g. Provide in-house training for the PCU/PIU staff on procurement related matters.
h. Prepare quarterly reports on achievement of the project.
i. Source priced quotations in line with the World Bank guidelines.
j. Ensure that purchase orders are made as soon as the World Bank no objection is received.
k. Review estimated costs prepared by the consultants during negotiation;
l. Handling of the procurement related complaints, if any, received by the project as per the agreed procedure for the project.
m. Support the Senior Staff Members of the PMUs in any and all procurement and related activities.
n. Assist in building up Consultants database.
o. Conduct post-implementation review
p. Participate at meetings aimed at improving project implementation
q. Carry out the assignment in accordance with the highest standard of professional and ethical competence and integrity having due regards to the nature and purpose of the assignment.
r. For all time and for purpose, regard as strictly confidential all knowledge and information not within public domain which may be acquired in the course of carrying out this assignment and shall not be directly or indirectly disclosed to any person whosoever, except with the written permission of the Unit.
s. Any other procurement related duty that may be assigned by the Unit Coordinator.

 Advisory Services on Procurement of Goods and Works in the following areas:
a. Preparation of Project Work Plans and Procurement Schedules for Goods and Works under ICB, NCB, LIB, International/National Shopping (IS/NS)
b. Coordinate with other members of the PMUs and Technical Committees in finalizing the technical specifications of the goods to be procured.
c. Coordinate with selected Engineering committees in finalizing the drawings/specification and BOQ for civil works
d. Based on the standard bidding documents of the World Bank, assist in the preparation of the bid document for various packages contained in the procurement plan as per agreed timelines
e. Co-ordinate with the PMUs for obtaining “No Objection” from World Bank for the technical specifications/BOQ/drawings and the bid document.
f. After finalization of the bid document, issue the advertisement in newspapers (only for ICB, NCB and shopping) and in UNDB/dgMarket (through the World Bank only for ICB)
g. Coordinate the pre-bid conference, if proposed for the package, prepare the Minutes of pre-bid conference and circulate the same to all the bidders who have purchased the bid documents, under information to the World Bank (only for prior review cases).
h. Coordinate the issuance of addendum/clarifications to the bid document, if required, under information to the World Bank (only for prior review cases)
i. Arrange for clarifications to be sent to all bidders and publish in the PMUs websites for any queries received from the potential bidders before the deadline for submission of bids.
j. Assist in the opening of the bids as per the time indicated in the bid document.
k. Coordinate with PMUs, Technical Committees other stakeholders in the technical and commercial evaluation of the bids.
l. Share the bid evaluation report with the World Bank and obtain the “No Objection” (only for prior review cases)
m. Prepare and issue the contract document to the winning bidder and provide the feedback to unsuccessful suppliers.
n. Publish the contract award notice
o. Coordinate the pre-shipment and post-shipment inspections, if required.
p. Monitor the contract management including timely supply of the goods, release of payment, issuing contract amendments, inventory management etc.
q. The bid documents and BER received from the state PMUs should be reviewed for quality check and response sent on behalf of Federal PMU.
r. If any bid documents and BER of PMUs require Bank’s review and clearance, then the same should be checked and submitted to the Bank.
s. In case of cancellation of any tender, for any reasons, prescribed guidelines of the World Bank is to be followed.

 Advisory Services on the Selection of Consultant Services

a. Coordinate with other members of the PMUs and Technical Committees if required, for finalizing the Terms of Reference (TOR) of the services to be procured.
b. For consultancy assignments, invite expressions of interest (EOI) through advertisements in Newspapers and in UNDB / dgMarket (through the World Bank for assignments above US$ 200,000 in value). Coordinate with State PMUs and other stakeholders in the evaluation of the EOI and finalization of the Shortlist.
c. Based on the standard request for proposal documents of the World Bank, prepare the request for proposal (RFP) for various packages contained in the procurement plan as per agreed timelines.
d. Co-ordinate with the World Bank for obtaining “No Objection” for the TOR (all cases), the shortlist and the RFP document (only for prior review cases).
e. Issue the RFP document to the shortlisted consultants. Arrange the reply of queries, if received from invited consultants before the deadline for submission of proposals.
f. Coordinate the pre-proposal conference, if proposed for the package, prepare the Minutes of pre-proposal conference and circulate to the invited consultants, under information to the World Bank (only for prior review cases)
g. Receive the proposals till the agreed deadline, and open the technical proposals as per the time indicated in the bid document.
h. Coordinate with State PMUs and other stakeholders in the evaluation of the technical proposals.
i. Share the technical evaluation report with the World Bank and obtain the “No Objection” (only for prior review cases)
j. Open the financial proposals of the technically qualified consultant(s) as detailed in the SRFP/Selection Guidelines of World Bank and coordinate with PMUs and other stakeholders in the evaluation of the financial proposal(s)
k. Conduct negotiations with highest ranked consultant, prepare draft initialed negotiated contract and minutes of negotiations and seek the No Objection of the World Bank for contract award recommendations (only for prior review cases)
l. Get the contract documents signed by the winning consultant and provide the feedback to unsuccessful consultants.
m. Publish the contract award notice

 Monitoring Activities
a. Monitor the contract management including timely completion of the assignment, release of payment, issuing contract amendments etc.
b. Collect baseline data and information for benefit monitoring during implementation and after project completion as required in the project documents;
c. administer contract (including management of performance securities, return of bid bonds, advance payments);
d. Update land acquisition and resettlements plans and follow up timely implementation with the EA and other agencies as required.
e. Monitor opening of letters of credit.
f. Seek for Duty and VAT Exemption Certificates.
g. Clear goods from the port.
h. Handle marine and inland insurance.
i. monitor materials and equipment delivery program and schedules;
j. Inspect goods, materials, equipment, and machinery upon delivery to ensure compliance with specifications and issue immediate notices of any deficiencies found or non-compliance and certify completeness;
k. Maintain an insurance coverage to cover medical, travel, accident and third party liability.
l. At all stages, ensure compliance with the Bank’s Procurement Guidelines for procurement of goods, works, and services by the contractor. Also ensure that the national regulations, specifications, relevant international engineering standards are fully followed as applicable;
m. Develop guidelines for the project performance and monitoring system;
n. Ensure supply of spare parts, equipment warranties and supply of user’s manuals by the suppliers/manufacturers;
o. Advise necessary changes in the plans or specifications;
p. Assisting the PMU to scrutinize withdrawal applications of the contractor and recommend to provisional payments;
q. Liaison with the Bank and other relevant bodies to ensure quick delivery of services;
r. Prepare monthly and quarterly progress reports;
s. After project completion, collect data and information and prepare project completion report;
t. Inspect the works completed and certify for payment
u. Identify and advise on field efforts of the World Bank, FME and other Units to resolve any difference and/or outstanding issue that may impede project progress.
v. Participate in all World Bank Supervision Missions in order to effectively advise the FPMU on the outcome of such missions, with a view to enhancing project performance.

4.0. INSTITUTIONAL FRAMEWORK

4.1. The institutional framework for this consultancy under the NEWMAP will be as follows:

a. Technical responsibility (TORs, BOQ, Technical Specifications, Evaluations, Recommendations, Implementation and Supervision and Monitoring) for the project will be with the FPMU and SPMU;
b. Fiduciary responsibility (Procurement and Disbursement) for the project will be with the FPMU;
c. The FPMU will liaise with the Consultants, the Bank, Federal Ministry of Finance & SPMU and all participating MDAs’.

4.2. SPMU contributions:

The State Project Management Unit (SPMU) in the selected states will assist the consultancy firm to access the available information that is relevant to the assignment, including such information as may be available from Ministries, Departments and other Government Agencies. The SPMU will also facilitate the necessary consultations between the consultant and other stakeholders in the their respective States or related sectors in conjunction with the FPMU.

5.0. REPORTING OBLIGATION

5.1 The consultant is expected to submit the following reports as part of the reporting obligation for this assignment to the PMU at the Federal:

a. Monthly report. The Monthly Report comprising two (2) hard copies should be submitted within one (1) week of commencement of a new month. The monthly report will give a detailed work plan, strategy, methodology, timetable and status of the assignment for the month.

b. Quarterly report. A quarterly report comprising three (3) copies and one (1) soft copy should be submitted within two (2) weeks of commencement of a new quarter. The report would provide a progress report on the assignment detailing what has been achieved and also outline any changes in the approach, methodology, or work plan that would be required for the next quarter.

c. Six-Monthly Report. The Consultant shall submit five (5) hard copies and two (2) soft copies of the mid year report within two (2) weeks of the commencement of the second half of the year on the assignment. It will be covering all procurement activities of the FPMU and SPMUs’ and all participating MDAs’. This report should list all activities undertaken under the consultancy including, Procurement processes, status & issues, development plans, action plans developed under the program, and an evaluation of their impact on capacity strengthening of NEWMAP.

d. Yearly Report. The annual report shall be five (5) hard copies and two (2) soft copies incorporating all comments received from all stakeholders for the end of year procurement activity. The report is to be submitted within two (2) weeks of the new year, furnishing a full description of all procurement activities carried out as described in the Terms of Reference, findings, recommendations and sustainability plans for the procurement activity of the successive year.

6.0. CONSULTANT EXPERTISE AND STAFFING FOR KEY PROFESSIONALS

The selected consultancy firm will require the following key personnel with relevant qualifications in engineering, law, management, economics, finance, and other related courses with in-depth knowledge of procurement knowledge as detailed below:

6.1. Lead Procurement Consultant/Expert
a. S/he must have a minimum of 20 years post-graduate hands on experience in procurement consultancy using World Bank or any multilateral funding agency procurement/selection guidelines.
b. Well experienced in project implementation of multi-faceted projects, including time line development, Procurement scheduling, tracking and reporting.
c. High integrity and accountability in all aspects of procurement (Goods, Works & Consultancies) with at least 5 similar assignments under the World Bank or any multilateral funding agencies.
d. Experience in training, capacity building, system set-ups etc in procurement will be required.
e. Ability to communicate effectively, orally and writing in English.
f. Knowledge of computer skills is essential.

6.2 2 No. Senior Procurement Specialists
Each to have:
a. S/he must have a minimum of 15years graduate hands on experience in procurement consultancy using World Bank or any multilateral funding agency procurement/selection guidelines.
b. Well experienced in project implementation of multi-faceted projects, including time line development, Procurement scheduling, tracking and reporting.
c. High integrity and accountability in all aspects of procurement (Goods, Works & Consultancies) with at least 5 similar assignments under the World Bank or any multilateral funding agencies.
d. Experience in training, capacity building, system set-ups etc in procurement will be required.
e. Ability to communicate effectively, orally and writing in English.
f. Knowledge of computer skills is essential.
6.3. Procurement Specialist / Civil Engineer.
a. S/he must have a minimum of 15years post graduate hands on experience in engineering assignments and certified chartered engineer from the country of origin
b. Experienced in project implementation of multi-faceted projects, including time line development, Procurement scheduling, tracking and reporting.
c. Must be able to demonstrate sound knowledge of World Bank procurement methods and procedures with evidence of having worked on similar assignment.
d. Ability to communicate effectively, orally and writing in English.
e. Knowledge of computer skills is essential.

6.4 4 No. Procurement Specialists.
Each to have following:
a. S/he must have a minimum of 5 years graduate hands on experience in procurement consultancy using World Bank or any multilateral funding agency procurement/selection guidelines.
b. Experienced in project implementation of multi-faceted projects, including time line development, Procurement scheduling, tracking and reporting.
c. Must be able to demonstrate sound knowledge of World Bank procurement methods and procedures with evidence of having worked on a similar assignment.
d. Ability to communicate effectively, orally and writing in English.
e. Knowledge of computer skills is essential.

7.0. REMUNERATION

7.1. The Remuneration of the consultant is attractive and commensurate with those offered by International bodies for similar assignments.

8.0 COUNTERPART OBLIGATION
The client is to provide the following facilities:
a. Office accommodation, Office equipment, furniture, ICT facilities
b. 2no. 4×4 SUV vehicles including fueling, drivers and security where required.
c. All local & international travels in accordance with the agreed breakdown of reimbursable rates.
d. cost of purchase or rent or freight of any equipment required to be provided by the Consultants;
e. Furnished Living Accommodation for key personnel only or monetized in Lieu.

9.0 CONDUCT OF THE CONSULTANT

9.1 The consultant will be expected to carry out this assignment in an open and transparent manner, with the highest degree of professionalism and integrity;

9.2. The consultant will not, under any circumstance, take any action or be seen to be taking any actions, which may hinder or prevent the MDAs, FPMU or SPMUs from executing this or any other assignment included as part of the erosion mitigation transformation project.

9.3 The consultant will not, under any circumstances, take any material decision, discuss or reveal any information pertinent to this assignment or any other assignment conducted as part of the NEWMAP without the express written permission of an authorized representative of the FPMU.

10.0. DURATION OF THE SERVICE

10.1. The consulting firm shall be appointed on contract for an initial period of One year which will be renewable based on performance

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