{"id":59801,"date":"2017-10-09T14:16:30","date_gmt":"2017-10-09T13:16:30","guid":{"rendered":"http:\/\/pointblanknews.com\/pbn\/?p=59801"},"modified":"2017-10-09T14:49:07","modified_gmt":"2017-10-09T13:49:07","slug":"59801","status":"publish","type":"post","link":"https:\/\/pointblanknews.com\/pbn\/exclusive\/59801\/","title":{"rendered":"$25biliion Contract: Baru Opens Up, Says Kachikwu Lied"},"content":{"rendered":"

$25biliion Contract: Baru Opens Up, Says Kachikwu Lied<\/p>\n

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The Group Managing Director of the Nigerian National Petroleum<\/p>\n

Corporation, Maikanti Baru, has finally responded to allegations of
\ncorruption and violation of contract laws raised by the Minister of State
\nfor Petroleum, Ibeh Kachikwu.<\/p>\n

In a memo to President Muhammadu Buhari, leaked last week to the media,
\nMr. Kachikwu detailed several alleged misdeeds of Mr. Baru, including the
\nunilateral award of hefty oil and gas contracts totaling about N9
\ntrillion.<\/p>\n

He also accused Mr. Baru of insubordination.<\/p>\n

Mr. Kachikwu met with President Buhari\u00a0on Friday<\/span><\/span>, but despite the weight
\nof the allegations, no government official reacted publicly until now.<\/p>\n

Read Mr. Baru\u2019s statement released\u00a0on Monday<\/span><\/span>:<\/p>\n

PRESS RELEASE<\/p>\n

RE: ALLEGATIONS OF LACK OF ADHERENCE TO DUE PROCESS IN NNPC CONTRACT AWARDS<\/p>\n

Following the publication of alleged lack of adherence to due process in
\nthe award of NNPC contracts, the President ordered the Group Managing
\nDirector (GMD) and Management of the Nigerian National Petroleum
\nCorporation (NNPC) to consider and respond expeditiously to the
\nallegations.<\/p>\n

The substance of the allegations made by the Minister of State for
\nPetroleum Resources, in a letter to the President dated 30th of August
\n2017, is that a number of \u201cmajor contracts were never reviewed or
\ndiscussed with me (sic) the NNPC Board.\u201d<\/p>\n

It is important to note from the outset that the law and the rules do not
\nrequire a review or discussion with the Minister of State or the NNPC
\nBoard on contractual matters. What is required is the processing and
\napproval of contracts by the NNPC Tenders Board, the President in his
\nexecutive capacity or as Minister of Petroleum, or the Federal Executive
\nCouncil (FEC), as the case may be. There are therefore situations where
\nall that is required is the approval of the NNPC Tenders Board while, in
\nother cases, based on the threshold, the award must be submitted for
\npresidential approval. Likewise, in some instances it is FEC approval that
\nis required.<\/p>\n

It should be noted that for both the Crude Term Contract and the Direct
\nSale and Direct Purchase (DSDP) agreements, there are no specific values
\nattached to each transaction to warrant the values of $10billion and
\n$5billion respectively placed on them in the claim of Dr. Kachikwu. It is
\ntherefore inappropriate to attach arbitrary values to the shortlists with
\nthe aim of classifying the transactions as contracts above NNPC Tenders
\nBoard limit. They are merely the shortlisting of prospective off-takers of
\ncrude oil and suppliers of petroleum products under agreed terms. These
\ntransactions were not required to be presented as contracts to the Board
\nof NNPC and, of course, the monetary value of any crude oil eventually
\nlifted by any of the companies goes straight into the federation account
\nand not to the company.<\/p>\n

Furthermore, contrary to the assertion of Dr. Kachikwu that he was never
\ninvolved in the 2017\/2018 contracting process for the Crude Oil Term
\nContracts, Dr. Kachikwu was in fact expressly consulted by the GMD and his
\nrecommendations were taken into account in following through the laid down
\nprocedure. Thus, for him to turn around and claim that \u201c\u2026these major
\ncontracts were never reviewed or discussed with me\u2026\u201d is most unfortunate
\nto say the least.<\/p>\n

THE NNPC CONTRACTING PROCESS<\/p>\n

The contracting process in NNPC is governed by the following:<\/p>\n

i. Provisions of the NNPC Act<\/p>\n

ii. The Public Procurement Act, 2007 (PPA)<\/p>\n

iii. Procurement method and thresholds of application and the composition
\nof Tenders Board as
\nprovided by the Secretary to the Government of the Federation (SGF)
\nCircular reference no.
\nSGF\/OP\/1\/S.3\/VIII\/57, dated 11th March, 2009.<\/p>\n

iv. NNPC Delegation of Authority Guide<\/p>\n

v. Supply Chain Management Policy & Procedure documents<\/p>\n

vi. NNPC Ethics Guide<\/p>\n

Approving Authority for Contracts<\/p>\n

The SGF Circular (iii above) on procurement threshold provided the
\nfollowing authority limits for NNPC transactions as well as the
\ncomposition of the NNPC Tenders Board:<\/p>\n

Table 1: Financial Authority Threshold (SGF Circular (iii) above)<\/p>\n

Approving Authority\/No Objection to Award\u00a0 \u00a0 \u00a0 \u00a0Special Works (NNPC)
\nBPP issues\u00a0 \u201cNo objection to award\u201d\/FEC approves\u00a0 \u00a0 \u00a0 \u00a0 N2.70 billion (USD 20M)
\nand above
\nNNPC Tenders Board\u00a0 \u00a0 \u00a0 Up to N2.7 billion (USD20M)<\/p>\n

Table 2: Composition of Tenders Board (SGF Circular (iii) above)<\/p>\n

Ministry\u00a0 \u00a0 \u00a0 \u00a0 Chairman\u00a0 \u00a0 \u00a0 \u00a0 Permanent Secretary
\nMembers Heads of Departments
\nParastatals\u00a0 \u00a0 \u00a0Chairman\u00a0 \u00a0 \u00a0 \u00a0 Chief Executive
\nMembers Heads of Departments<\/p>\n

NNPC had cause to clarify severally from Bureau of Public Procurement
\n(BPP) as to the composition of NNPC Tenders Board and the role of NNPC
\nBoard appointed by Government. The following clarifications were made.
\na. The BPP expressly clarified that NNPC Tenders Board (NTB) is NOT the
\nsame as NNPC Board. The governing board (NNPC Board) is responsible for
\napproval of work programmes, corporate plans and budgets, while the NTB is
\nresponsible for approval of day-to-day procurement implementation.<\/p>\n

b. BPP referred to the SGF circular for the composition of the NTB to
\ncompose of the Accounting Officer (GMD NNPC) as the Chairman, with Heads
\nof Department (GEDs) as members with the Head of procurement (GGM SCM)
\nserving as the Secretary of the NNPC Tenders Board.
\nThe above clarifications of the provisions of the procurement process show
\nthat approvals reside within the NTB and where thresholds are exceeded,
\nthe NNPC refers to FEC for approval. Therefore, the NNPC Board has no role
\nin contracts approval process as advised by BPP.<\/p>\n

As can be seen, all these clarifications were sought and obtained prior to
\nAugust, 2015 and were implemented by Dr. Kachikwu as the GMD of NNPC. Dr.
\nKachikwu also constituted the first NNPC Tenders Board on 8th September,
\n2015 and continued to chair it until his exit in June, 2016.<\/p>\n

Typical NNPC Contracting Process<\/p>\n

1. Approval of project proposal and contracting strategy by NTB.<\/p>\n

2. Placement of adverts for expression of interest in electronic and print
\nmedia.<\/p>\n

3. Soliciting for tender (Technical and Commercial)<\/p>\n

4. Tender evaluation<\/p>\n

5. Tender approval by NTB for contracts within its threshold; otherwise<\/p>\n

6. Obtain BPP certificate of no objection before presentation to FEC.<\/p>\n

7. Present to FEC for approval.<\/p>\n

All Contracts in NNPC follow the above procedure.<\/p>\n

SPECIFIC CONTRACTS MENTIONED IN THE HONOURABLE MINISTER OF STATE FOR
\nPETROLEUM RESOURCES\u2019 (HMSPR) LETTER TO MR. PRESIDENT<\/p>\n

1. Crude Oil Term Contract (COTC)- valued at over $10bn<\/p>\n

It is important to state that the COTC is not a contract for procurement
\nof goods, works or services; rather it is simply a list of approved
\noff-takers of Nigerian crude oil of all grades. This list does not carry
\nany value, but simply state the terms and conditions for the lifting. It
\nis therefore inappropriate to attach a value to it with the aim of
\nclassifying it as contract above Management limit.<\/p>\n

In arriving at the off-takers list for 2017\/2018 COTC, the following steps
\nwere followed:<\/p>\n

a. Adverts were placed in National and International print media on
\nMonday, 17th October, 2016.<\/p>\n

b. The bids were publicly opened in the presence of all stakeholders
\n(NIETI, DPR, BPP, Civil Society Organisations, NNPC SCM Division and the
\npress as well as live broadcasts by the NTA and other TV stations).<\/p>\n

c. Detailed evaluation was carried out and the short list of the
\nsuccessful off-takers was presented to the approving authority (Mr.
\nPresident) for consideration and approval.<\/p>\n

d. Thereafter, NNPC published the list of the successful off-takers in
\nnewspapers and NNPC\u2019s official website.<\/p>\n

This has been the standard procedure and it is the same process adopted
\nduring the 2016\/2017 COTC when the HMSPR was the GMD.<\/p>\n

In conclusion, due process has been fully followed in the shortlisting of
\nthe off-takers of the Nigerian crude oil for the current term 2017\/2018.<\/p>\n

2. The Direct Sale Direct Purchase (DSDP) Contract- valued at over $5bn<\/p>\n

Like the COTC, the DSDP is not a contract for any procurement of goods,
\nworks or services, rather it is simply a list of off-takers of crude oil
\nand suppliers of petroleum products of equivalent value.<\/p>\n

This list does not carry any value, but simply state the terms and
\nconditions for the lifting and supply of petroleum products. It is
\ntherefore mischievous to classify it as contract and attach a value to it
\nthat is above Management\u2019s limit.<\/p>\n

In arriving at the off-takers list for 2017\/2018 DSDP, the following steps
\nwere followed:<\/p>\n

a. Work plans and execution strategy for the DSDP was granted by the
\napproving authority (Mr. President).
\nb. Adverts were placed in National and International print media and NNPC
\nwebsite on Thursday, 22nd December, 2016.
\nc. The bids were publicly opened in the presence of all stakeholders
\n(NIETI, DPR, BPP, Civil Society Organisations, NNPC\u2019s SCM Division and the
\npress as well as live broadcast by the NTA and some TV stations).
\nd. Detailed evaluation was carried out and the short list of the
\nsuccessful off-takers was presented to the approving authority (Mr.
\nPresident) for consideration and approval.
\nThis has been the standard procedure and it is the same process adopted
\nduring the 2016\/2017 DSDP when the HMSPR was the GMD.<\/p>\n

In conclusion, it has been confirmed that due process has been followed in
\narriving at the shortlist of the DSDP partners for the 2017\/2018 cycle.<\/p>\n

3. The Ajaokuta-Kaduna-Kano (AKK) Gas Pipeline Contract<\/p>\n

The AKK Gas pipeline project is a contractor financed contract. The
\nprocess adopted for this contract is as follows:<\/p>\n

1. Approval of project proposal and contracting strategy was given by NTB.<\/p>\n

2. Placement of adverts for expression of interest in some National and
\nInternational print media and NNPC\u2019s website.<\/p>\n

3. Expression of interest for pre-qualification received and evaluated.<\/p>\n

4. Technical and Commercial tenders issued and evaluated<\/p>\n

5. NTB considered and endorsed tender evaluation result for FEC approval
\nsince this contract is above NTB\u2019s threshold subject to obtaining the
\nfollowing certificates of no objections:<\/p>\n

a. BPP certificate of no objection (obtained).<\/p>\n

b. Certificate of no objection from Infrastructure Concession and
\nRegulatory Commission (ICRC) (obtained).<\/p>\n

c. Certificate of no objection from Nigerian Content Monitoring &
\nDevelopment Board (NCMDB) (being awaited)<\/p>\n

BPP and ICRC certificates have been obtained, while that of NCDMB is being
\nawaited after which the contract will be presented to FEC for
\nconsideration and approval.<\/p>\n

Thus, due process is being followed in the processing of this contract.<\/p>\n

4. Various Financing Arrangements Considered with IOCs;<\/p>\n

The financing arrangements reported as contracts are part of the process
\nof exiting Cash Call approved by the FEC. It entails negotiations with JV
\nPartners on alternative funding of some selected projects through third
\nparty financing to bridge the funding gap associated with Federal
\nGovernment\u2019s inability to meet its cash call contributions.<\/p>\n

The third party financing option emanates from the appropriation act
\nprovisions that allow sourcing of financing outside regular cash call
\ncontributions. Upon approval of the calendar year\u2019s operating budget, the
\nNNPC in conjunction with its JV partners commence the necessary process
\nfor accessing financing to bridge the funding gap.<\/p>\n

Section 8 sub-sections (1) and (4) of the NNPC Act CAP N123 requires that
\nall NNPC borrowings must be approved by Mr. President. Specifically, it
\nprovides that:<\/p>\n

(1) Subject to the other provisions of this section, the Corporation may,
\nfrom time to time, borrow by overdraft or otherwise howsoever such sums as
\nit may require in the exercise of its functions under this Act.<\/p>\n

(4) Where any sum required aforesaid \u2013<\/p>\n

a) Is to be in currency other than Naira; and<\/p>\n

b) Is to be borrowed by the Corporation otherwise than temporarily,<\/p>\n

c) The Corporation shall not borrow the sum without the prior approval of
\nthe President.<\/p>\n

Due Process:<\/p>\n

1. NAPIMS and JV partner identify bankable projects that require financing
\nand sends to NNPC Corporate Finance to assist in procuring financing.<\/p>\n

2. Constitution of Joint Financing Team (JFT) between NNPC and the JV
\nPartner.<\/p>\n

3. JFT NNPC invites Request For Proposals (RFPs) from Financial Institutions.<\/p>\n

4. Submitted RFPs are evaluated and beauty parade conducted to determine
\nmost cost-efficient proposal.<\/p>\n

5. Negotiated Financing Strategy, Term-sheets, Structures and pricing are
\npresented for NNPC Management\u2019s (NTB) approvals.<\/p>\n

6. NNPC presents the renegotiated terms for approval of Mr. President.<\/p>\n

7. NNPC executes the resultant Agreement.<\/p>\n

Financings taken under this Administration: Approx. $3bn are as follows:<\/p>\n

All established due process as enumerated above has been observed leading
\nto the securing of financing for the following projects in 2016\/2017:<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 SN<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a0PROJECT<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a0Amount (US$mn)<\/p>\n

APPROVALS<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a0LOAN EXECUTED BY<\/p>\n

NTB<\/p>\n

PRESIDENTIAL<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 1.<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a0NNPC\/CNL JV Project Cheetah<\/p>\n

1,200.00<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 16\/04\/15<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a001\/09\/15<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a0Dr. E. I. Kachikwu<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 2.<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a0NNPC\/CNL JV Project Falcon<\/p>\n

780.00<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 26\/04\/17<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a031\/07\/17<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a0Dr. M. K. Baru<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 3.<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a0NNPC\/SPDC JV Project Santolina<\/p>\n

1,000.00<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 26\/04\/17<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a010\/07\/17<\/p>\n

\u00b7\u00a0 \u00a0 \u00a0 \u00a0 \u00a0Dr. M. K. Baru<\/p>\n

\u00b7<\/p>\n

TOTAL<\/p>\n

2,980.00<\/p>\n

\u00b7<\/p>\n

\u00b7<\/p>\n

\u00b7<\/p>\n

These are not procurement projects as described by the PPA, 2007. However,
\nall established due processes as enumerated above were followed.<\/p>\n

The NPDC Integrity Upgrade and Development Projects<\/p>\n

All the NPDC procurement contracts were subjected to the approved
\nprocurement procedures as described in respect of the AKK Gas Pipeline
\nproject above. There were no breaches of any extant procurement processes.<\/p>\n

For the benefit of doubt, it is confirmed that there is no single NPDC
\ncontract that has been approved by the relevant Tenders Board beyond its
\nlimit of financial authority and there is no single contract that is in
\nthe $3Bn to $4Bn range claimed in the write-up.<\/p>\n

Conclusions<\/p>\n

From the foregoing, the allegations were baseless and due process has been
\nfollowed in the various activities.<\/p>\n

Furthermore, it is established that apart from the AKK project and NPDC
\nproduction service contracts, all the other transactions mentioned were
\nnot procurement contracts. The NPDC production service contracts have
\nundergone due process, while the AKK contract that requires FEC approval
\nhas not reached the stage of contract award.<\/p>\n

Ndu Ughamadu
\nGroup General Manager
\nGroup Public Affairs Division,
\nNNPC, Abuja.
\nOctober 9, 2017<\/span><\/span>.<\/p>\n","protected":false},"excerpt":{"rendered":"

$25biliion Contract: Baru Opens Up, Says Kachikwu Lied                           The Group Managing Director of the Nigerian National Petroleum…<\/p>\n","protected":false},"author":1,"featured_media":59772,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-59801","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n$25biliion Contract: Baru Opens Up, Says Kachikwu Lied - Pointblank News<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/pointblanknews.com\/pbn\/exclusive\/59801\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"$25biliion Contract: Baru Opens Up, Says Kachikwu Lied - 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