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INTRODUCTION
The Nigerian Communications Commission (NCC) is the Federal Government agency responsible for regulating the communications industry in Nigeria. Part of her statutory mandate as stipulated in the Nigerian Communications Act 2003, is to establish and enforce standards for all telecommunications equipment in operation to ensure that they operate seamlessly and safely within the Nigerian telecommunications ecosystem.
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SCOPE
In furtherance of her mandate, the NCC intends to deploy a Centralised Device Management System (DMS) through Public Private Partnership (PPP) arrangement whereby the procured Private Party is expected to provide end-to-end solution, with a cost recovery-based registration fee charged in Naira per device, for a determined period by both parties.
The successful bidder will design and implement a centralised DMS solution that is secure, cost effective, interoperable and can integrate with NCC and Network Operating Companies, GSMA Global Database etc.
To implement the project successfully, the Commission requires the services of a Transaction Advisor which may consist of a single firm or a consortium of firms with the requisite financial, legal, technical, PPP, and other specialists expertise required to develop a bankable DMS PPP Project and successfully move the transaction to market and reach financial close. In the case of a consortium, the members must jointly identify one of the firms in the consortium as the Lead Transaction Advisor. The Lead Transaction Advisor will have primary responsibility of liaising with NCC Project Delivery Team and coordinating the consortium’s advisory inputs as a whole. Non-Nigerian Transaction Advisory Firms are encouraged to form partnerships with reputable local firms.
NCC therefore invites interested and credible companies to participate in the tender process by submitting their Expression of Interest (EoI) as Transaction Advisor to perform the following advisory assignments, among others:
- Preparation of a detailed bankable Outline Business Case (OBC) with a financial Model in line with the National Policy on Public Private Partnership (N4P); with PPP Project Development Transaction Structuring acceptable for ICRC certification and subsequent PPP procurement processes.
- Provide full Technical, Managerial and Financial advice to NCC on the proposed PPP project
- Assist in designing work-plans, timetables and technical support during the PPP procurement process;
- Provide input in the conduct of the PPP procurement process for selection of the PPP Partner/Concessionaire for the DMS project;
- Provide market trends that will confirm decisions on scope, structuring, and timing of the transaction;
- Organisation and preparation, where necessary, of supporting documentation to be made available to bidders (including technical, legal, financial analyses, information memorandum);
- Provide duly required Technical Advice and any other assistance that will ensure a smooth conduct of negotiations with one or more parties that will lead to a quick actualization of a robust PPP Agreement/network of relevant Agreements for the proposed PPP DMS Project.
- Preparation of Full Business Case (FBC), after Concessionaire selection up to financial close. The FBC must be acceptable for ICRC certification and subsequent Federal Executive Council (FEC) approval in line with the ICRC Act.
- Management of other advisory inputs and overall management of the advisory team to ensure a successful transaction.
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ELIGIBILITY REQUIREMENTS
All interested bidders seeking to be considered must satisfy the following requirements:
- Certificate of Registration/Incorporation and/or similar evidence of company registration issued by Corporate Affairs Commission (CAC) for Nigerian companies or issued by home country’s Government Agency for foreign companies;
- Certified true copies of Memorandum and Articles of Association of the company (Statement of share capital and return of allotment) and CO7 (particulars of Directors) and/or similar statutory documents indicating ownership structure of the company, name(s) of Directors, major shareholders and percentage shareholding;
- Detailed Company Profile with full details of company’s resume demonstrating company’s capabilities including Curriculum Vitae and Certificates of Key Staff;
- Company’s Tax Clearance Certificate for the past three (3) years (2016, 2017 & 2018) expiring on 31st December, 2019 for Nigerian companies and similar tax certification documents for foreign companies;
- Evidence of Industrial Training Fund (ITF) Compliance Certificate expiring on 31st December, 2019 (for Nigerian companies);
- Evidence of Nigerian Social Insurance Trust Fund (NSITF) Compliance Certificate expiring on 31st December, 2019 (for Nigerian companies);
- Evidence of Pension Compliance Certificate expiring on 31st December, 2019 (for Nigerian companies);
- Evidence of Registration on the National Database of Federal Contractors, Consultants and Service Providers by submission of Interim Registration Report (IRR) expiring on 31/12/2019 or valid Certificate issued by BPP (for Nigerian companies);
- Evidence of License/Authorisation issued by relevant regulatory agency where applicable;
- Company’s Audited account for the past three (3) years (2016, 2017 & 2018), which must bear the stamp of the Audit firm;
- Evidence of financial capability to execute the project by submission of Reference Letter from a reputable commercial bank indicating willingness to provide credit facility for the execution of the project when needed;
- Verifiable documentary evidence of at least three (3) similar jobs executed in the last five (5) years including Letters of Awards and Payments/Job Completion Certificates;
- A Sworn Affidavit:
- disclosing whether or not any officer of the relevant committees of the Nigerian Communications Communication or the Bureau of Public Procurement is a former or present Director, shareholder or has any pecuniary interest in the bidder and to confirm that all information presented in its bid are true and correct in all particulars;
- that the Company is not in receivership, nor the subject of any form of insolvency of bankruptcy proceedings or the subject of any form of wrong up petition or proceedings;
- that the Company is not a replacement of a hitherto tax defaulting company;
- that the Company does not have any Director who has been convicted in any country for a criminal offence relating to fraud or any financial impropriety or criminal misrepresentation or falsification of facts relating to any matter
- A written statement to allow Nigerian Communications Commission verify all claims made in your submission.
- A List providing full names, contact addresses of current Directors and beneficial owners to include their email addresses and telephone numbers.
- Certainty of business integrity and pre-signed undertaking to comply strictly with Nigerian Anti-Corruption Laws in processing the bid and executing the contract if successful.
- Evidence of partnership through Consortium Agreement/JV Agreement/Letter of Partnership, if a consortium, should be submitted.
- Submit a tender application letter (on bidders’ letter headed paper) including name of authorised contact person(s), company’s full address, email address and telephone number.
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SUBMISSION OF EXPRESSION OF INTEREST
- The prospective bidders shall enclose the Expression of Interest (EoI) in an envelope clearly marked "EXPRESSION OF INTEREST – DEVICE MANAGEMENT SYSTEM (DMS) TRANSACTION ADVISOR FOR THE NIGERIAN COMMUNICATIONS COMMISSION (NCC)", on the top right-hand corner, which shall bear the name and address of the company on the reverse side of the envelope.
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All documents should be submitted before 12:00 noon on Friday, 8th November, 2019 in Room 217, Second Floor, Procurement Department, Nigerian Communications Commission Head Office, Plot 423, Aguiyi Ironsi Street, Maitama, Abuja, Nigeria, addressed to:
The Executive Vice-Chairman
Nigerian Communications Commission
Plot 423 Aguiyi Ironsi Street, Maitama,
Abuja
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OPENING OF EXPRESSION OF INTEREST
The EoI documents will be opened immediately after the deadline at 12:00 noon on Friday, 8th November, 2019 at the address indicated at 4.2 above, in the presence of bidders or their representatives. Please, ensure that you sign the Bid Submission Register at the Procurement Office as the NCC will not be held liable for misplaced or wrongly submitted Expression of Interest. For further enquiries, please contact the Head of Procurement on email: and Telephone Number +234 9 461 7000.
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IMPORTANT INFORMATION
- Late submission shall be returned un-opened;
- All submissions should be arranged in a binder in the order listed in No.3 above;
- Only companies who submit the required information and meet the shortlisting criteria will be contacted after evaluation. NCC shall deal directly with only authorised officers of the interested companies and not through individuals or agents;
- All costs incurred by your company as a result of this Expression of Interest and any subsequent request for information shall be to your account;
- This Request for Expression of Interest process and any related process neither creates any commitment by NCC nor establishes any legal relationship;
- All information must be provided in English Language.
- Only shortlisted Companies will be invited to purchase the Request for Proposals to proceed to the next stage of the process;
- The Nigerian Communications Commission is not bound to shortlist any bidder and reserves the right to annul the Procurement process at any time without incurring any liabilities in accordance with Section 28 of the Public Procurement Act 2007.
Signed:
The Executive Vice Chairman
NIGERIAN COMMUNICATIONS COMMISSION