DEADLINE: 12TH MAY, 2023
MINISTRY OF MINES AND STEEL DEVELOPMENT
IN COMPLIANCE WITH THE INFRASTRUCTURE CONCESSION REGULATORY COMMISSION ESTABLISHMENT ACT 2005 & NATIONAL POLICY ON PUBLIC-PRIVATE PARTNERSHIP (N4P)
REQUEST FOR QUALIFICATION FOR THE CONCESSION OF AJAOKUTA STEEL COMPANY LIMITED SOLICITED PPP PROCESS
(1) Federal Government of Nigeria (“FGN”), through the Ministry of Mines and Steel Development (“MMSD”), is actively working for the revival of mining and steel industry in Nigeria. As an integral part of its efforts, the FGN intends to involve the private sector in the redevelopment, operation, maintenance, and transfer of the Ajaokuta Steel Company Limited (“ASCL”) (The “Project”).
(2) The Project has been certified by the FGN through the Infrastructure Concession Regulatory Commission (“ICRC”) as eligible for a Public Private Partnership (“PPP”). MMSD will act as the counterpart for the Project.
(3) MMSD has retained the services of CPCS Transcom Nigeria Limited as Transaction Adviser to assist in the procurement of a private sector partner with the requisite technical competence, managerial capability and financial resources.
(4) A Project Steering Committee and Project Delivery Team have been constituted comprising representatives from key Ministries, Departments, and Agencies of the FGN, including MMSD, the ICRC and the Federal Ministry of Finance.
(5) MMSD, in compliance with the Infrastructure Concession Regulatory Commission Establishment Act 2005, is inviting potential private sector partners to redevelop, operate and maintain and transfer ASCL under a PPP arrangement, as per the terms and conditions of a Concession Agreement.
(6) In line with the approval of ICRC, and consistent with the approval of the President of the Federal Republic of Nigeria, the Request for Qualification (“RFQ”) and Request for Proposal (“RFP”) will be issued concurrently to all interested parties. Only the RFP submissions of parties who are shortlisted after the review of the RFQ submissions will proceed in the procurement process.
(7) Pre-Eligibility Criteria and Method of Application
Qualification of interested parties will be based on the following:
(7.1) Pre-Eligibility
(i) Evidence of Company Registration with Corporate Affairs Commission (CAC) or its equivalent for foreign firms.
(ii) In the case of a consortium, evidence in the form of letter of association or agreement (joint venture agreement and/or Memorandum of Understanding/Memorandum of Agreement).
(iii) Power of Attorney/Board Resolution, in case of a consortium, identifying the lead member of the consortium authorized to submit the RFQ and binding on all the members of the consortium.
(iv) Audited Financial Statements prepared in accordance with the International Financial Reporting Standards (IFRS) of the bidding company or members of consortium for the last four (3) years (2020, 2021 & 2022).
(v) Tax Clearance Certificates for the last three (3) years (2020, 2021 & 2022).
(vi) Sworn affidavit disclosing whether or not any officer of the relevant committees of the FGN/Grantor is a former or present Director, shareholder or has any pecuniary interest in the bidder, that the company is not bankrupt, in receivership or under liquidation or involved in any litigation which can potentially affect the company’s ability to effectively discharge their responsibility if engaged and to confirm that all information presented in its bid are true and correct in all particulars.
Minimum Technical and Financial Capacity of the Applicant:
(8) The Applicant could be a single entity (“Sole Bidder”) or a group of entities (“Consortium”) coming together to implement the Project.
(9) The Applicant should have the following Technical Capacity.
(a) It is desirable that a Member of the Consortium or the Sole Bidder have experience in operating at least one steel plant with a minimum production capacity of five hundred thousand (500,000) tons of refined liquid steel pa annum and such steel plant should have been operational.
(b) Experience of a Member of the Consortium or the Sole Bidder in the successful development (and financing) of a steel plant.
(c) Experience of a Member of the Consortium or the Sole Bidder in executing similar industrial and mining projects in Africa or another emerging economy is preferred.
(d) Verifiable documentary evidence of participation in similar scheme with verifiable reference of similar related experience successfully executed/handled. (Such as evidence of a mining license or relevant certificates etc).
(10) The Applicant should have the following Financial Capacity.
(a) Average turnover of Seven hundred and fifty million United States Dollar (USD 750,000,000) in the last three (3) consecutive years.
(b) Minimum Net Worth of two hundred million United States Dollars (USD 200,000,000) based on the most recent financial year for which audited financial records are available.
(c) Bidders should provide evidence of access to fund the project with a minimum amount of five hundred million dollars (USD 500,000,000).
Method of Application:
(11) Interested parties should log onto the website www.cpcs.ca/mmsdprojects to download a copy of a Confidentiality Agreement Upon execution of the agreement bidders will be sent soft copies of the tender documents.
(12) Interested applicants may obtain further information at the address above (No 2 Luanda Crescent, Off Ademola Adetokunbo Crescent Wuse 2, Abuja from 8.00am – 4.00pm, Monday through Friday (except Public Holidays) from:
Name: Ministry of Mines & Steel Development Procurement Department.
Tel: +23495239064
Email: info@minesandsteel.gov.ng
(13) A virtual pre-application conference for interested parties shall be convened on May 4, 2023.
(14) The Preferred Bidder will be required to register a Special Purpose Vehicle under the laws of Nigeria at the stage of issuance of letter of award for the Project.
Submission of Documents:
(15) Details for the submission of the Bid Documents will be provided in the tender documents.
(16) An original and six (6) copies of Request for Qualification submission and one digital copy in PDF format stored on a readable digital media preferably flash drive (no CDs or DVDs) shall be delivered in a sealed envelope dearly marked “Request for Qualification for the Concession of Ajaokuta Steel Company Limited)” and delivered to the address below not later than 15:00 hours, on 12 May 2023.
(17) The documents (both hard and soft copies) must be delivered not later than 15:00 hrs. on May 12, 2023.
(18) Applicants can submit to Office of the;
Permanent Secretary,
Ministry of Mines & Steel Development
No 2 Luanda Crescent, Off Ademola Adetokunbo Crescent Wuse 2, Abuja
Tel: +23495239064
Email: info@minesandstsel.gov.ng
NOTE:
(i) Interested international parties are encouraged to partner with local firms in compliance with the requirements of the Federal Government of Nigeria local content development policy.
(ii) Late submissions will be rejected.
(iii) Submissions via courier will be accepted only if delivered within the submission time shown above.
(iv) Submission through email will not be accepted.
(v) All Submissions shall be in English language only.
(vi) The Ministry will not be held liable for misplaced or wrongly submitted bids.
(vii) The FGN/Ministry reserves the right to verify the authenticity of any claims made in the documents submitted by the companies.
DISCLAIMER:
(i) This Invitation for Request for Qualification does not in any manner constitute an agreement and is neither an offer of the concession to prospective applicants/bidders or any other person nor does it constitute a commitment or obligation on the part of the FGN/Ministry to an award of contract.
(ii) This advertisement shall not be construed as a commitment on the part of the FGN/MMSD to appoint any applicant/bidder nor shall it entitle any applicant/operator submitting documents to claim any indemnity from the Ministry or FGN.
(iii) The Ministry will not be responsible for any costs or expenses incurred by any interested parties) in connection with any response to this invitation and/or the preparation or submission in response to an enquiry.
(iv) The Ministry is not bound to shortlist any bidder and reserves the right to annul the selection process at any time without incurring any liability and assigning any reason thereof.
SIGNED:
PERMANENT SECRETARY
MINISTRY OF MINES AND STEEL DEVELOPMENT
