NC Compliance Undertaking TAS

Technical Assistance Services (TAS)
NIGERIAN CONTENT COMPLIANCE UNDERTAKING
1. We (Tenderer/Contractor name) FECHON ENGINEERING AND CONSGTRUCTION LIMITED hereby

undertake and commit to comply with the provisions of the Nigerian Oil and Gas Industry Content
Development Act, 2010 (NOGICD Act or the Act) if our Tender Title bid is selected by the Operator.
2. Our Nigerian Content (NC) commitment shall not deviate from the relevant provisions of the Act and the
prescribed Nigerian Content scope herein contained in the Technical Assistance Services (TAS) ITT and other
subsequent contracts.
3. We undertake to strictly comply with the provisions of the NOGICD Act, and in particular the schedule thereto
on the utilization of Nigerian Goods, Services and personnel as defined in the Act.
4. We understand that the agreed Nigerian scope includes any scope not specifically approved as foreign (i.e. out-
of-country) scope in line with the Nigerian Content Plan.
5. Contractor undertakes to execute the contract in accordance with the following guidelines:
 Compliance with NCDMB approved Nigerian Content Execution Plan for authorization of the NC
commitments in the scope of work as being executed in compliance with the NOGICD Act 2010, by
the contractor and/or its nominated 3rd party vendors/suppliers/OEMs/service providers.
 All line pipes shall be procured as bare pipes and quoted exclusively by NCDMB approved vendors in
line with the NCDMB published guideline on Procurement of Bare Line Pipes.
 All line pipe coatings (thermal + anti-corrosion) shall be performed in Nigeria from only NCDMB
approved functional in-country line pipe coating yards.
 All line pipe appurtenances including but not limited to valves, pipe fittings, flanges, including bolts and
nuts, shall be procured through vendors with in-country functional manufacturing and assembly
facilities having valid Category A Nigerian Content Equipment Certificate (NCEC) for the product
category.
 All Low Voltage (LV) and High Voltage (HV) cables, paints and protective coating, sacrificial anodes,
blasting abrasive grit, etc. shall be procured through vendors with in-country functional manufacturing
and assembly facilities having valid NCEC for the product category and in conformity with NCDMB
public notices on procurement or any other publications as amended.
 All Original Equipment Manufacturers (OEM) and vendor related equipment shall be procured through
Nigerian vendors with valid Category A NCEC issued by NCDMB and a valid Department of Petroleum
Resources (DPR) permit for the product / service category.
 Contractor vendors list for all Contractor procured items and Long Lead Items (LLIs) shall be made
available to NCDMB for approval at contract award, and any subsequent changes approved before
commencement of Contractor procurement process.
 Contractor shall submit to NCDMB valid Category A NCEC and obtain NCDMB approval for all the
nominated vendors prior to issuing Request for Quote (RFQ) to the vendors.
 Contractor shall make available Approved Vendor List (AVL) to NCDMB if material/equipment
procurement is included in scope of work.
Nipex Tender No.: MPN 00000252
ES/NCDMB/MPN-CITT-TEMPL/1006/22/UPD/PROVISION OF TECHNICAL ASSISTANCE SERVICES
 In the event that a product item to be procured shall be imported from abroad and are not available
in-country or the procurement of long lead equipment and OEM/prime vendor related products,
contractor shall notify Operator to obtain from the Board, an authorization to import that specific
product item in line with the provisions of the NOGICD Act, 2010.
 Implementation of all NCDMB guidelines and procedures including but not limited to marine vessel
categorization, NCEC, Expatriate Quota Management (EQM)), Human Capacity Development (HCD),
Research and Development (R&D) and Capacity Development Initiative (CDI).
 All Engineering activities shall be executed in a COREN registered company having valid practicing
license.
 All fabrication activities shall be domiciled 100% in Nigeria.
6. We hereby solemnly declare, agree and undertake to fulfil all obligations and fully comply with the
requirements for the employment of Nigerians into specific cadres as stipulated by the Board; and to use a
minimum percentage of Nigerian Labour in professional cadres in accordance with the provisions and spirit of
the NOGICD Act; and shall ensure employment of Nigerians only into junior and intermediate cadre (or any
other corresponding grade levels) in the execution of this project/service as prescribed by Sections 34, 35
and 106 of the NOGICD Act, 2010.
7. We understand that NCDMB's endorsement of the Technical Assistance Services (TAS) does not preclude it
from further exercising any of additional statutory responsibilities as may arise from new circumstances not
provided for in the NC plan; nor does the endorsement discharge the contractors, their subcontractors and
vendors from their continuing obligation to ensure strict compliance with the provisions of the NOGICD Act.
8. In addition, we undertake to fully indemnify Company for any liability, damages or loses arising from our failure
or the failure of our sub-contractors to comply with any of the provisions of the NOGICD Act and any valid
Regulations or lawful directives issued thereunder by the Board.
9. If Company and/or NCDMB identifies a potential non-compliance to the NOGICD Act, Company and/or
NCDMB shall notify the contractor in writing and Contractor shall promptly take necessary steps to ensure
compliance, else, indemnity clause will apply
We acknowledge and understand that failure to comply with this undertaking will cause the Board to take appropriate
administrative and legal steps in accordance with the provisions of the NOGICD Act and relevant extant Nigerian Laws.
Signature: ………………………………………………………………………………………………………………………………..………….
NATHANIEL OTIE
Name: ………………………………………………………………………………………………………………………………..……...…….…
MANAGING DIRECTOR
Designation: ………………………………………………………………………………………………………..……………………………...
FECHON ENGINEERING AND CONSTRUCTION LIMITED
On behalf of (Tenderer’s/Contractor’s Name) ………………………………………………………………………………….….
33B KING PEREKULE STREET, PORT HARCOURT, RIVERS STATE
Whose addresses are at: ……………………………………………………………………………………...…………………………..…
Nipex Tender No.: MPN 00000252

ES/NCDMB/MPN-CITT-TEMPL/1006/22/UPD/PROVISION OF TECHNICAL ASSISTANCE SERVICES

NC Compliance Undertaking TAS

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Technical Assistance Services (TAS)

NIGERIAN CONTENT COMPLIANCE UNDERTAKING

1. We (Tenderer/Contractor name) FECHON ENGINEERING AND CONSGTRUCTION LIMITED hereby

 All fabrication activities shall be domiciled 100% in Nigeria.

Nipex Tender No.: MPN 00000252

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