Legal Basis of Registration & Certification of ICT Service Providers/Contractors by NITDA
In line with section 6 of the National Information Technology Development Agency (“NITDA”) Act 2007 and the Executive Orders 003 and 005 issued by the Federal Government of Nigeria (“FGN”), for the promotion of local content in ICT procurement by MDAs and the for the planning and execution of projects, promotion of Nigerian content in contracts and science, engineering and technology respectively, NITDA is empowered to register all and certify all indigenous ICT service providers/contractors that provide service to any Ministry, Department or Agency (“MDA”) of the FGN, either through procurement process or via Public Private Partnerships (PPP).
Please note that the requirements and procedure for registration and licensing of Local Original Equipment Manufacturers (“OEMS”) are separate form those applicable to ICT service providers/contractors to MDA.
All NITDA’s certified ICT providers/contractors in Nigeria are listed on the Agency’s database for indigenous IT providers (available here https://nitda.gov.ng/wp-content/uploads/2021/07/List-of-Licensed-IT-Companies-by-NITDA-2.pdf )
Requirements for NITDA Registration and Certification
As minimum requirements, an ICT service provider/contractor may be considered for registration and certification by NITDA if the applicant:
i. is an indigenous IT Services Provider;
ii. its website is hosted on the “.ng” domain; and
iii. has demonstrated, through the application process, capacity to provide service as IT service provider. An applicant may show proof of competence if
– it possesses verifiable competence and capacity to be registered as IT Service Providers with NITDA;
– It possesses sufficient competent personnel on its payroll to carry out identified IT services;
– Its competent personnel are not substantially made up of transient/transitory staff i.e. consultant, contract staff or casual staff;
– All applicants must have at least one (1) of its Principal Officers registered with the Computer Professionals (Registration Council) of Nigeria (CPN);
– The existence of a higher percentage of local competent full-time staff improves applicant’s chances of obtaining NITDA’s substantive certificate of registration.
– Expatriate staff shall only be considered as proof of applicant’s competence where NITDA is satisfied that the skill of the expatriate is relevant to the job description disclosed, the skill(s) required cannot be provided by Nigerians and there is a demonstrable succession plan for Nigerians to replace expatriate staff at the expiration of the term of issued quota.
iv. Has submitted to NITDA a copy of standardized service level agreements (“SLAs”) issued to the applicant’s clients. The SLAs must clearly indicate the following:
– Standards of service;
– Delivery time scales;
– Responsibilities of each party;
– Monitoring and reporting of service;
– Legal and regulatory compliance;
– Payment terms;
– Dispute resolution;
– Confidentiality and non-disclosure;
– Termination of the agreement;
v. Any other document such as approved expatriate quota where expatriates have been hired.
Please note that failure to clearly show applicant’s competence (with supporting documents and quality personnel) to carry out its identified IT services, will result in denial of registration. Where the Agency is unable to ascertain from documents submitted the capacity of the applicant, an interview meeting will be scheduled as soon as possible by the agency to verify the capacity of the applicant.
Procedure for Registration with NITDA
Applicants are required to complete all relevant information and documents on the NITDA registration portal (iicp.nitda.gov.ng), submit the completed form with all accompanying documents (stipulated in the form) and a duly signed application letter to the Director of NITDA.
Upon satisfying registration requirements, usually within ten (10) working days, NITDA will issue the applicant with a provisional registration certificate which is valid for six (6) months. NITDA shall carry out verification exercise to ascertain the veracity of all information and documents submitted by the applicant.
Subsequently, NITDA shall issue the applicant with a substantive registration certificate which shall be valid for two (2) years, commencing from the date of the provisional certificate.
Please note that where there is any change in facts or information provided by applicants, either during registration or verification or after the issuance of the registration certificate, NITDA must be notified within 45 days from the date of sny such change.
However, where the application is refused, a formal report or letter containing advice or recommendations on how to comply with all requirements stipulated in the NITDA’s guidelines will be sent to the applicant who, in the opinion of NITDA, has failed to satisfy the requirements for registration.
Cost of Registration and Certification
The registration and certification by NITDA is free.
Renewal of NITDA’s Substantive Registration Certificate
Please note that the substantive registration certificate may be renewed if the applicant submits renewal application within three (3) months before the expiration of issued certificates.
Renewal is automatic at the time of writing this piece and is done by returning the expired certificate.
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