The public procurement rules in Senegal

We do not yet have a verified list in Senegal. These are the documents asked for almost everywhere: check their exact name and the issuing body in the tender file.

• Trade register extract (RCCM)

  Almost always asked for

  Greffe du tribunal de commerce

  The extract is issued by the registry of the commercial court for the company's registered office. Registration is permanent, but tender files usually ask for a recent extract. Check with the registry for an up-to-date extract.

  Detailed guide

• Company tax identifier

  Almost always asked for

  Administration fiscale nationale

  The tax identifier is assigned by the tax administration at registration; the certificate is obtained from your local tax office. It is requested in every administrative file. Check that the company name matches the RCCM.

• Tax status certificate

  Almost always asked for

  Administration fiscale nationale

  It certifies that the company is current on its tax obligations. Apply at your local tax office or through the tax administration's online service where one exists, once all returns are filed. Check the validity period stated on the certificate.

  Usual validity: 3 monthsDetailed guide

• Social-security compliance certificate

  Almost always asked for

  Caisse nationale de sécurité sociale

  It certifies that the company is registered and current on its social-security contributions. Apply at your social-security fund branch. Settle any overdue contributions before applying.

  Usual validity: 3 months

• Non-bankruptcy certificate

  Almost always asked for

  Greffe du tribunal de commerce

  It is issued by the registry of the commercial court for the company's jurisdiction on presentation of the RCCM. It certifies that no insolvency proceedings are ongoing. Tender files usually require a recent certificate: check the requested age.

  Usual validity: 3 monthsDetailed guide

• Excluded, whatever the procedure: persons in liquidation, or in receivership when continued trading is banned; those under a ban on public contracts (CRD or court decision); persons and managers convicted of an offence linked to their business or of false statements on qualifications; those convicted of breaching labour or environmental law; persons who, on 31 December before the launch year, had not filed their tax and social returns or paid taxes and contributions due; and public enterprises under the authority's technical supervision that cannot prove autonomy (art. 43). These rules also apply to subcontractors.[1]
• The dossier may require: a statement of candidacy, a company profile, certificates from the social security fund, IPRES (pension scheme), the tax office and the Labour Inspectorate, a certificate of payment of the previous year's regulation fees, a sworn statement of non-liquidation (and a non-bankruptcy certificate at signature), a letter committing to the Ethics Charter, the original bid guarantee, financial statements endorsed by a member of ONECCA (the accountants' order) and the unique identification number (NINEA). The beneficial owner is declared by the provisional awardee before signature (art. 44). For works, the qualification and classification certificate is compulsory, or failing that a deposit receipt (art. 46).[1]
• A person is treated as compliant if, on 31 December before the notice, it had paid taxes, contributions and regulation fees due, or if it paid or provided sufficient guarantees between that date and the launch of the procedure (art. 45). SMEs and startups need the approval or label certificates required (art. 46). A foreign bidder supplies the same documents as nationals, issued by its own country.[1]
• Participation in tenders and direct-agreement contracts financed from contracting authorities' budgets is reserved for Senegalese and community (UEMOA) firms registered in the trade or crafts register, or firms from states applying reciprocity. Exceptions: when those firms cannot do the work, or the financial scale or technical complexity does not ensure enough local competition; access then opens to others, with a preference for community firms (art. 52).[1]
• Documents missing or incomplete among points a) to f) (declaration, profile, certificates, fees, sworn statement, charter) and possibly h), i), j) must be produced within a time no longer than the authority has to announce the provisional award; after that the bid is rejected. A missing bid guarantee at opening, outside exemptions, is enough on its own for rejection at the preliminary examination (art. 44).[1]

• Candidates may form a joint-and-several joint venture (each member bound for the whole) or a separate one (each for its own part). An individual candidate cannot also be a joint-venture member, and a member can join only one venture: otherwise all the ventures involved are disqualified. The composition is fixed except for a company restructuring or a member's inability, with the authority's agreement (art. 47).[1]
• Subcontracting: up to 40% of the amount of a works or services contract, with priority to Senegalese or community SMEs. Approval of the subcontractor and its payment terms are requested in the bid, or after the contract is concluded by a special statement delivered against receipt. An approved subcontractor can be paid directly by the authority and can pledge its claim (art. 48, 49, 110, 111).[1]

• The bid guarantee is 1% to 3% of the estimated contract value, as set in the dossier, and is not required for intellectual services. It must be produced as an original, properly formed, and stay valid for 28 days after the bid validity period expires: a copy, photocopy or scan is refused. It comes from a financial institution approved by the Finance Minister (art. 114, 117).[1]
• The authority may waive it below 80 million F CFA incl. tax for supplies and services other than intellectual services, and below 100 million incl. tax for works (order no. 007120). For contracts reserved for cooperatives, GIEs, social enterprises, artisans and women-led SMEs it may also waive it. It is returned to unsuccessful candidates when the provisional award is approved (art. 84).[3][1]

• The tender notice states the subject, evaluation criteria in a fixed order, where to collect the dossier, the place and deadline for bids, how long bids stay valid, the required evidence, the bid guarantee amount and whether donors attend the opening (art. 67). Bids are delivered by post, by hand or electronically, at the authority's choice. Electronic platforms must keep bids confidential until the deadline (art. 56 to 58).[1]
• The same person may not submit more than one bid, on pain of rejection (art. 62). Variants are accepted only if the notice and dossier allow them, and only with a compliant base bid (art. 63, 60).[1]

• Opening is in public session, in person or by video, at the deadline. Only bids received on time are opened; others are returned unopened. All candidates may attend and sign an attendance register. The name of each candidate, the amount of each bid, the presence or absence of the bid guarantee and discounts are read aloud. The report is given to any bidder who asks (art. 68).[1]

• The commission first checks admissibility and documents, then compliance with specifications, then evaluates in detail. It cannot negotiate or ask for changes to prices or conditions; it may correct purely arithmetic errors and ask for clarifications in writing. It proposes the award to the lowest evaluated compliant bid within 15 days of opening, extendable by at most 10 days (art. 69 to 71).[1]
• The choice is made on price alone, or on price and other criteria such as running costs, technical performance, environmental protection, lead times, maintenance, accessibility for disabled people, and local content requirements (jobs, inclusion of local artisans and SMEs, sustainable development). These criteria are listed in the dossier, in money terms or as elimination criteria. Only the capacity of the lowest-evaluated bidder is examined (art. 44, 60).[1]
• An abnormally low bid may be rejected by reasoned decision, after the commission has asked the bidder for details of its price breakdown. The bidder may justify its price by method savings, exceptionally favourable conditions or use of idle resources. A bid that does not respect social and environmental regulations may also be rejected (art. 60).[1]

• In an international tender, a preference goes to Senegalese or UEMOA bidders, or those whose bids contain only products of Senegalese or UEMOA origin, as long as their bid is no more than 15% above that of the lowest non-community bidder (art. 50).[1]
• In a national tender: a 5% margin for women-led firms and those more than 50% owned by young people or disabled persons; 5% for a bidder that subcontracts at least 30% to one or more labelled startups or forms a joint venture with them; for a local authority's contract, up to 5% for those subcontracting at least 30% to a local firm. These margins can be added to the community preference. You must claim the preference in your bid with a statement and evidence, and the dossier must define the conditions (art. 48, 50, 51).[1]
• Reserved contracts: the authority reserves at least 5% of its annual contract value (3% for the social and solidarity economy and national SMEs, 2% for women-led SMEs), for contracts under 100 million incl. tax (works) or 80 million incl. tax (others). A 'reserved contract' is open to associations, cooperatives, GIEs, social enterprises or SMEs employing at least 30% disabled people, 50% unqualified young people or 50% women. Other UEMOA countries benefit through mutual recognition (art. 4.30; 2024 order).[1][7]

• The commission draws up its report within 3 days of the evaluation. The authority decides within the following 3 working days; if it approves, it immediately informs other candidates of the reasons for rejection, returns their bid guarantee and publishes a provisional award notice (art. 84). An excluded candidate who asks in writing receives the reasons for rejection within 5 working days (art. 88).[1]
• The contract goes for signature no sooner than 10 days after publication or notification of the provisional award (7 days in simple urgency). It is then approved: refusal of approval is possible only for lack of funds, by reasoned decision within 15 days (30 days for local authorities). The DCMP registers the contract before notification, and the contract takes effect only from notification, which starts the execution periods. The final award notice is published on the portal within 15 days (art. 74, 85, 86).[1]
• A tender is declared unsuccessful, after consulting the DCMP, if no bid is received or all are inadmissible or non-compliant. It can also be dropped for a general-interest reason, such as the need disappearing or bids far above the estimated value (art. 65, 66).[1]

• Tenders: the candidate must first send a prior appeal to the person responsible for the contract, by registered letter or delivery against receipt, within 5 clear working days after publication of the provisional award notice, the tender notice or communication of the dossier. The authority replies within 3 clear working days; with no reply the appeal is treated as rejected. The applicant then has 3 clear working days to go to the CRD, counted from the reply or from expiry of the 3 days. A late reply does not reopen the period (art. 89, 90).[1]
• An appeal to the CRD is admissible only if preceded by a prior appeal, points to a clear breach of the rules and comes with proof of payment of non-refundable procedure fees set by ARCOP's Regulation Council. The CRD suspends the procedure, unless there is a certification of compelling urgency tied to a disaster. It decides within 7 working days: its decision is final and immediately enforceable. After that period the award can no longer be suspended. The candidate keeps the right to claim damages in court, without suspensive effect (art. 90 to 92).[1]
• DRP: shorter periods. Prior appeal within 3 clear working days; authority reply in 2 days; referral to the CRD within 2 days; CRD decision in 5 working days. A DRP takes effect only after the appeal periods expire (order no. 007118, art. 6 to 10).[2]
• During execution, the contractor or the authority can go to the CRD for conciliation (report in 15 days, extendable by 15), with no suspensive effect; each party replies to the opinion within 30 days. Disputes then go to the administrative court, or to ordinary courts for national companies and majority-public companies. OHADA arbitration is possible with an arbitration clause (art. 139, 140).[1]

• The holder of a contract of at least 70 million F CFA incl. tax (supplies and routine services) or 100 million incl. tax (works and intellectual services) provides a performance guarantee. It is fully constituted at signing, capped at 5% of the contract, amendments included, and topped up when an amendment is made. It can be a bond, an on-demand guarantee or, if the parties agree, a personal joint guarantee (art. 115 to 117; order no. 007121). It is released at final balance payment, or at provisional acceptance if there is a warranty period (art. 119).[1][4]
• For contracts reserved for social and solidarity economy actors and individual artisans, the authority may not require a performance guarantee (art. 115).[1]

• A flat-rate start-up advance can be granted, capped at 20% of the initial amount incl. tax (or of the first 12-month tranche for a contract over a year). It requires a bank guarantee provided before payment. Repayment starts when work reaches 40% of the contract and ends at 80% (art. 97).[1]
• Advances on costs incurred can also be paid, on proof of outlays and against a restitution guarantee of equal amount. The total never exceeds 60% of the initial contract, with limits per case: 40% for major installations or equipment, 30% for heavy machinery on site, 50% of the purchase contract for supplies, 60% for a purchase made on the authority's behalf (art. 94, 95).[1]

• When the contract has a warranty period, the authority may withhold part of each payment, at most 5% of each payment, set by the specifications. It can be replaced, at the contractor's choice, by an on-demand guarantee or, if both parties agree, a personal joint guarantee for the same amount. The retention is returned when the warranty period ends (art. 118, 119).[1]

• Payment is due within 45 days of the creditor's file being regularised. After that, default interest runs automatically, at a rate 2 points above the central bank's discount rate. The authority must notify, within the month following the finding of the right to payment, the reasons why the work does not yet entitle the contractor to an instalment or balance; after that month, delay also gives right to interest (art. 106, 107).[1]
• Instalments are due if the contract provides for more than three months of execution. Late penalties apply without prior notice, capped at 10% of the contract incl. tax with amendments, on pain of termination (art. 98, 99, 136). Claims under the contract can be pledged (art. 121).[1]
• The regulation fee, stamp duty and registration duty are borne by the contractor (art. 151). A 2016 order, adopted under the old code and still published by ARCOP, sets the fee at 0.3% for contracts under 1 billion excl. tax and open DRPs, 0.2% between 1 and 3 billion, 0.1% above, with a cap of 300 million F CFA per contractor per year.[1][8]

• The CRD, in disciplinary formation, can sanction a candidate or contractor that gave or promised an undue advantage, colluded on prices, influenced the award method, supplied false information, submitted fictitious payment claims, deliberately breached labour or environmental law, bribed officials or obstructed investigations. Possible sanctions, cumulative: confiscation of guarantees, exclusion from contracts for a period set by seriousness, extension to related companies in case of collusion, termination of the contract in progress (art. 149, 150). An appeal to the administrative court is possible, without suspensive effect.[1]
• ARCOP publishes a red list of persons banned from bidding. On 7 August 2026 it showed one entry: decision no. 100/2026/ARCOP/CRD/DEF of 15 July 2026 against a firm for forged documents.[16]