INFRASTRUCTURE CONCESSION REGULATORY COMMISSION ESTABLISHMENT ACT 2005

What Is This Policy?

This Act establishes the Infrastructure Concession Regulatory Commission as the federal body responsible for regulating, monitoring, and enforcing concession agreements between the government and private sector parties for the development and management of public infrastructure.

Who Does It Target?

Federal government ministries, departments, and agencies entering concession agreements Private sector concessionaires managing public infrastructure under public-private partnership agreements Citizens and businesses using infrastructure services delivered through concession arrangements

What Does It Aim to Achieve?

To ensure that public-private partnership concession arrangements for infrastructure are transparent, competitively tendered, properly structured, and appropriately monitored so that value for money is achieved and public services are reliably delivered.

Key Features

ICRC Establishment: Creates the Infrastructure Concession Regulatory Commission with a mandate to regulate federal government PPP and concession transactions Transaction Oversight: Grants ICRC authority to review, approve, and monitor all concession agreements entered into by federal ministries and agencies Competitive Tendering: Requires federal concession transactions to be subjected to open, competitive bidding processes overseen by ICRC Contract Compliance Monitoring: Provides ICRC with powers to monitor concessionaire performance and ensure contractual obligations are met Dispute Resolution Framework: Includes provisions for resolving disputes between government contracting authorities and private concessionaires

Current Status

Rollout Stage: Operational; actively reviewing and monitoring federal PPP transactions Coverage: All federal government concession and PPP transactions nationwide Funding: Federal government appropriations through the ICRC budget

How to Access

Private sector operators interested in federal concession opportunities engage through published procurement processes managed by ICRC. Registration on the ICRC vendor and bidder database Submission of pre-qualification or expression of interest documentation for specific transactions Compliance with ICRC-prescribed bidding procedures and due diligence requirements Application method: Infrastructure Concession Regulatory Commission, Abuja; transaction notices published via ICRC website and national newspapers

Official Resources

Website: www.icrc.gov.ng

Legal Framework

Enacted under Section 4 of the 1999 Constitution. Operates alongside the Public Enterprises (Privatisation and Commercialisation) Act 1999, the Public Procurement Act 2007, the Fiscal Responsibility Act 2007, and the Investment and Securities Act 2007, providing the legal basis for PPP arrangements in Nigeria.