Rejionder: How Buhari awarded Ogoni cleanup to unqualified firm

Rejionder: How Buhari awarded Ogoni cleanup to unqualified firm

In response to allegations raised by Premium Times publication of May, 5, 2019, and to also provide clarifications on the capacity of the companies awarded contracts to carry out remediation works in the on-going clean-up of Ogoniland, we wish to state that;

The Hydrocarbon Pollution Remediation Project (HYPREP) in calling for International Competitive Bidding for the execution of remediation of twenty-one(21) LOTS in Ogoniland fully complied with the procurement processes as contained in the Procurement Act of 2007.

The companies that came out successful in the exercise so emerged based on merit having met the requirements in the Technical, Financial and Commercial Bids. The bid committee that evaluated the volumes of documents tendered by prospective companies painstakingly and rigorously verified every single claim of each company from the opening of bids through the technical to the commercial stages that finally culminated in the award of contracts.

The key requirements amongst others stated in the published Expression of Interest (EoI) which every potential contractor/company was expected to haveinclude:

• Certificate of Accreditation of company with Nigeria’s National Oil Spill Detection and Response Agency (NOSDRA);

• Nigerian companies applying as part of a joint venture or consortium with Non-Nigerian companies must however provide all the above listed information/documentation and a memorandum of understanding.

Every company that won the remediation contract has competency in remediation and possessed the requireddocuments and certifications to carry out remediation works in Nigeria. Basic Technology Nigeria Limited which was cited, has executed remediation contracts with Shell Petroleum Development Company Limited since 2007 to 2018.  The Company has Certificate of Accreditation from the National Oil Spill Detection and Response Agency, (NOSDRA) and Department of Petroleum Resources (DPR), for oil spill clean-up and remediation. It also has a permit for use of bioremediation product known as Remediact . They are presently engaged in carrying out remediation work for another International Oil Company, the Nigerian Agip Oil Company (NAOC).

Allegation on Unqualified contractors

Premium Times alleged that several contractors who were awarded contracts did not qualify as stipulated in the terms and conditions of the Expression of Interest(EoI). The contractors cited include:

1. Mosvinny Nigeria Limited,

2. Louizont Ferretti Enterprises Ltd

3. Rey & Reina International Limited,

4. Shamsa Resources and Services Ltd

5. Pacrim Engineering Ltd

6. Newpal Nigeria Ltd and

7. Earthpro Unique Integrated Ltd,

The Hydrocarbon Pollution Remediation Project (HYPREP) in compliance with the Federal Government Executive Order 5 which is aimed at growing local capacity of Nigerian companies, encouraged local companies to partner with remediation technical companies with proven track record during the bidding process. Notwithstanding however, each company that participated in the biddingprocess, signed a memorandum of understanding with its technical partners in line with sections p & q of the advertorial. Specifically, the following facts are germane:

1. Mosvinny Nig. Ltd met all mandatory requirements specified in the advertisement in line with Procurement Act of 2007, and is duly accredited with NOSDRA, Federal Ministry of Environment and DPR for oil spill clean-up and remediation. The company is in technical partnership with Lipogreen Ltd., a foreign remediation company in Israel.

2. Louizoni Ferretti Enterprises Ltd, met all mandatory requirements specified in the advertisement in line with Procurement Act of 2007 and is duly accredited with NOSDRA, Federal Ministry of Environment and DPR for oilspill clean-up and remediation as stated in HYPREP published Expression of Interest (EoI).  The company is in technical partnership with Antea Group, a foreign remediation company In USA.

3. Rey & Reina International Limited met all mandatory requirements specified in the advertisement in line with Procurement Act of 2007 and is duly accredited with NOSDRA, Federal Ministry of Environment and DPR for oil spill clean-up and remediation. It is in technical partnership with EMCO Oilfield Services Ltd who has a reputable experience in remediation in Nigeria for over ten years.

4. Shamsa Resources and Services Ltd also met all mandatory requirements specified in the advertisement in line with Procurement Act of 2007 and is duly accredited with NOSDRA, Federal Ministry of Environment and DPR for oil spill clean-up and remediation. It is in technical partnership with a reputable foreign company known as Blue Planet Ohio USA.

5. Pacrim Engineering Ltd is and is duly accreditedwith NOSDRA, Federal Ministry of Environmentand DPR for oil spill clean-up and remediation. It is in technical partnership with Pacrim International who has over ten years experience in remediation world wide and Delta Remediation, Canada, making them compliant of the conditions set by HYPREP that a company must have a minimum of 5years experience in remediation.

6. Newpal Nigeria Ltd, met all mandatory requirements stipulated in the EoI and is also and is duly accredited with NOSDRA, Federal Ministry of Environment and DPR for oil spill clean-up and remediation. It has technical partners with remediation competence and experience i.e RGS Nordic AB Astra based in Sorredsvagen Goteborg Sweden.

7. Earthpro Unique Integrated Ltd also met all mandatory requirements stipulated in the EoI and is also and is duly accredited with NOSDRA, Federal Ministry of Environment and DPR for oil spill clean-up and remediation. It is in technical partnership with Oakridge Environmental Engineering Inc, Canada which has over 20 years experience in environmental remediation.

Apart from their competence in related areas and having key technical staff with relevant knowledge in soil remediation, all of the companies have technical partners with requisite remediation experience. All the companies that participated in the HYPREP bid for the provision of remediation services were all qualifiedcompanies, and HYPREP in line with international best practices had to go for the most responsive bidders in line with the Procurement Act.

We wish to state categorically that HYPREP and indeed the clean-up project is fully welcomed and supported by the Ogonis, and the isolated incident in K-Dere where HYPREP bus was burnt was a clear case of an attack by miscreants.  The act was totally condemned by the entire Ogonis and the people of K-Dere who provided useful information to guide security agents in their investigations.

The Federal Government made a pledge to the Nigerian people and indeed the international community that Ogoniland will be cleaned to the standards prescribed by the United Nations which is the reason it has engaged the United Nations Environment, formerly United Nations Environment Programme, UNEP in a one-year contract(renewable)to advise and guide its operations in line with the recommendations in