“No Variation Without BPP No Objection” — Bureau Issues New Guidelines On Contract Variations, Final Designs

The Bureau of Public Procurement (BPP) has issued comprehensive guidelines for the implementation of the Federal Government’s revised policy on contract variations and mandatory use of final designs for public projects. This was contained in a statement issued by Zira Nagga, Head of Press and Public Relations, BPP, in Abuja yesterday.

According to the statement, the guidelines, issued pursuant to Sections 5(a) and (o) of the Public Procurement Act (PPA), 2007, followed the approval of the revised policy by the Federal Executive Council (FEC). The statement said the policy was conveyed through the Office of the Secretary to the Government of the Federation (SGF) Circular Ref. No. 59780/S.2/B/568 dated December 2025.

It said the new framework centralised the review and certification of all requests for revision of contract sums and modification of contract scope under the BPP.

“The latest guidelines supersede the 2013 circular which required Presidential approval for Revised Estimated Total Cost (RETC) and variations above 15 per cent of the initial contract sum or N1 billion.”

The statement explained that under the revised framework, the applicable Service-Wide Prior Review and Monetary Thresholds would determine the appropriate approving authority for variations and scope modifications.

It added that all Ministries, Departments and Agencies (MDAs) were now required to submit requests for variation orders, fluctuation claims and scope modifications directly to the BPP for review and certification. The statement said no variation or fluctuation claim would proceed to the relevant approving authority without a BPP Certificate of No Objection.

It said the guidelines were designed to ensure transparent and legally-compliant procedures for processing contract variations, while protecting public interest and promoting accountability, value for money and timely project delivery.

“Variations will only be approved where they are genuinely necessary, could not have been foreseen with reasonable diligence, and do not fundamentally alter the original scope of the contract. “Unit rates for varied works must be consistent with the original contract rates,” it stated.

The statement listed permissible grounds for variation to include unforeseen site conditions, material errors in design and Bills of Quantities (BOQ)/Bills of Engineering Measurement and Evaluation (BEME), statutory or regulatory changes after contract execution.

“Others are significant price escalation caused by macroeconomic shocks or force majeure, and value engineering improvements that reduce cost without altering scope.”

It, however, warned that variations arising from inadequate planning, avoidable design flaws or addition of new components not contemplated in the original scope would not be accepted.

“Such additions must be procured as separate contracts,” it stated. The statement also clarified the distinction between variation and fluctuation claims. It noted that fluctuation claims related to changes in the cost of labour, materials and exchange rates must be handled strictly in line with the conditions of the contract.

The statement warned that contractors who deliberately delayed projects to generate fluctuation claims would be denied such claims and could be debarred if the claims were found to be bogus or overstated. It further directed that all procurements must be based on approved final designs to reduce avoidable variations.

According to the statement, the use of preliminary or flawed designs that lead to unnecessary variations will attract regulatory sanctions. On approving thresholds, the statement said augmentation or variation sums, rather than the total revised cost, would determine the approving authority.

It explained that works variations of N10 billion and above would require approval by the FEC or National Judicial Council (NJC) or National Assembly (NASS) Tenders Board.