Types of procedure: open, restricted, quotation, direct award, expression of interest
What each procedure means, who can respond, what it asks of you, and the thresholds that trigger it in your country.
Senegal edition: the rules shown are this country's.Change country
The procedure is how the buyer puts firms in competition. It tells you whether you can respond, what you hand in and how much time you have. The exact name changes from one country and funder to another, but the mechanisms are the same. The notice or tender file always says which one applies.
Open tender
What it is. The buyer publishes a notice, and any firm meeting the conditions can respond. This is the rule for contracts above a certain amount and the case most of this guide describes.
National or international. A national tender mainly targets firms in the country and is published there. An international tender is published more widely and assumes foreign competition. This does not shut you out: a local firm can respond if it meets the criteria, but they are often higher and the file may be in English. Conversely, a national notice can remain open to foreign firms, especially when a funder pays for it.
What you hand in. The administrative documents, the technical bid, the financial bid and the bid security if one is requested.
The trap. Thinking "open" means "within anyone's reach". The file may demand a turnover, references or equipment beyond you. Read the criteria before you start.
For a small firm. Look at the lots first, the parts of the contract the buyer puts out to competition separately. Each lot is evaluated on its own, and you can often respond to just one, with more modest requirements. If you respond to several, the file may require your capacity to cover their total. Otherwise, see Joint ventures and subcontracting.
Restricted tender and prequalification
What it is. Only firms invited by the buyer can submit a bid. "Restricted" covers two situations: either the buyer first published a prequalification notice and selected the qualified candidates, or it directly invites firms it knows, where the rules allow this.
Who can respond. At prequalification, any interested firm. After that, only those selected.
What you hand in. First a qualification file with no price: legal status, turnover, similar contracts, resources. Then, if you are selected, a full bid.
The trap. Taking prequalification lightly. If you are not on the list, you will not even see what follows. Another trap: what you declared at prequalification must still be true when you bid, and the file may ask you to confirm it.
For a small firm. Respond to prequalification notices in your sector, even if the contract looks out of reach: it is a way of becoming known. Where the procedure runs with no public notice, only your reputation with the buyer can get you invited.
Quotation and request for prices
What it is. For small amounts, the buyer asks a few suppliers for prices and chooses, most often, the cheapest compliant one. Depending on the country it is called a cotation, demande de cotation, demande de prix or demande de renseignements et de prix.
Who can respond. The firms consulted and, when a notice is published, all those meeting the conditions.
What you hand in. A light file: a signed quote, the technical sheet of the product or service and a few administrative documents. Delivery terms count as much as the price.
The trap. Time limits are short, sometimes a few days. Without up-to-date certificates you are out before you even price. A request forgotten in an inbox is as good as a refusal.
For a small firm. This is often the best way in: small amounts, few formalities and your first references. But you only receive a request if the buyer knows you. Register on supplier lists where they exist, introduce your business to the purchasing departments of buyers in your region, and keep a standard quote with current prices so you can answer fast. At international agencies the equivalent is the RFQ: see the United Nations page.
Direct award
What it is. The buyer deals directly with one firm, with little or no competition. It is called gré à gré, entente directe or marché négocié depending on the country. It is the exception, kept for defined cases: real emergency, exclusive right, a service only one supplier can provide. It most often needs an authorisation.
Who can respond. Nobody: there is nothing to respond to. You cannot apply for a direct award.
What you hand in. If the buyer approaches you, a bid and supporting documents, followed by a negotiation.
The trap. The go-between who offers to "arrange" a direct award for a commission. That is corruption: you risk debarment from public contracts and prosecution, with no guarantee of a result.
For a small firm. There are honest ways of being considered. Make your rare capacities known, such as an exclusive dealership, an approval or a presence in a hard-to-reach region. Keep a clear company page. Do small consultations well, because a buyer calls back suppliers who delivered. And a direct award given to another firm can open subcontracting for you.
Expression of interest (AMI)
What it is. The buyer publishes an expression of interest notice (avis à manifestation d'intérêt, or AMI) to identify candidates before launching its consultation. You are not bidding yet: you are showing your references to get onto a list. This is the normal route for consultants, though a buyer may also use it for works or supplies.
Who can respond. Any firm, consultancy or consultant within the scope of the notice, alone or in association if the notice allows it.
What you hand in. A letter, a company presentation and above all similar assignments described and proved: client, subject, period, amount, your role. No price, and generally no methodology yet. The notice says whether CVs are requested.
How the shortlist works. The buyer scores the experience against the notice's criteria and keeps the best placed, in limited number. Only they receive the request for proposals, where the methodology, experts and price come in. This is described in Works, supplies, services, consulting.
The trap. Sending a general brochure. The reader is looking for assignments that resemble this one. Present the closest first and use the notice's words. Do not attach a price.
For a small firm. If your references fall short, associate with a firm that has the missing ones. Do it at the expression of interest stage, because changing the team afterwards is often restricted.
Two-stage tender
What it is. For a complex purchase the buyer cannot yet fully specify, it first asks for technical proposals with no price, discusses them with candidates and refines its need. It then asks for final bids with prices.
Who can respond. Firms admitted to the first stage, to which the notice generally invites them.
What you hand in. A technical proposal with no price, then a revised technical bid and a financial bid.
The trap. Confusing this with two envelopes. Two envelopes means a technical and a financial bid handed in on the same day and opened separately. Here, there are two submissions at different times. Another trap: stating a price at the first stage.
For a small firm. The procedure is long and costly, and rarely within your reach alone. Access comes rather through a partnership with a large bidder, as a specialist or subcontractor.
Framework agreement and call-off contract
What it is. The buyer selects one or several suppliers for a set period, with prices or terms fixed in advance, then orders as needed. Names vary: accord-cadre, marché à commandes, marché de clientèle, or long-term agreement at international bodies.
Who can respond. It depends on the starting procedure, most often a tender. If there are several holders, they are sometimes put back in competition for each order.
What you hand in. A standard bid, with unit prices that bind you for the whole period.
The trap. Reading the maximum amount as guaranteed turnover. The buyer can order far less, and the file sometimes sets a minimum, sometimes none. Also check whether your prices can be revised: a frozen price and a rising cost is paid for over the whole period.
For a small firm. Regular orders are valuable, but they require stock, cash and the ability to deliver quickly on each order. Work out what you can sustain at the highest volume.
In your country
Here are your country's procedures, under their local names, with the cases where each is used.
Open tender (AOO), national or international, with or without prequalification
The mandatory default method, from 70 million F CFA (works) and 50 million (supplies, routine services, intellectual services) for the State, local authorities and public establishments, and from 100 and 60 million for public companies, agencies and social protection institutions (art. 53, 61). Prequalification is possible for large or complex works (art. 72). A bid is signed in one original, with the copies requested (art. 62).[1]
Minimum period: 30 calendar days from publication of the notice for a national call; 45 days for an international call or one above the UEMOA community thresholds. A 5-day reduction is possible if the dossier is available through free electronic access. With prequalification, invitations to bid go out at least 30 days (national) or 45 days (international) before the deadline (art. 64, 72).[1]
For you: Put your questions in writing: they are admissible up to 10 days before the deadline, and the authority must reply at least 5 days before, to everyone who collected the dossier. Otherwise the opening is postponed.
Restricted tender (AOR)
Only after the DCMP's opinion, in four cases: simple urgency; research, trial or development contracts; work to be done at the expense of a defaulting contractor; a contract that followed an unsuccessful tender. The authority consults at least three candidates in writing (art. 74, 75).[1]
Minimum period: Simple urgency: 10 days (national) or 15 days (international) after delivery of the invitation letter. Research, default or failed tender: 15 days (national) or 30 days (international). If fewer than three bids are received, a new period of 10 or 15 days is opened (5 or 10 in urgency).[1]
For you: Entry is by invitation only. The waiting period before signature, normally 10 days, drops to 7 days in simple urgency, and appeals are shorter (2 days for the authority, 3 days for the CRD).
Request for information and prices (DRP): simple, restricted or open
For contracts below the open tender thresholds (art. 55, 79). Amounts incl. tax. Simple DRP, no written procedure: works under 5 million, supplies and routine services under 3 million, intellectual services under 5 million. Restricted DRP, with at least five firms asked in writing: up to 25 million (works), 15 million (supplies) and 25 million (intellectual services) for the State and local authorities; up to 50, 30 and 30 million for public companies and agencies. Open DRP, with a public notice: 25 to 70 million (works), 15 to 50 million (supplies), 25 to 50 million (intellectual services) for the State; 50 to 100, 30 to 60 and 30 to 60 million for public companies and agencies.[2][1]
Minimum period: Open DRP: 15 calendar days after publication of the notice; the commission proposes the award within 7 days of opening. For an intellectual service with an expression-of-interest notice: 10 days minimum. Simple and restricted DRPs have no minimum advertising period.[2]
For you: This is the natural entry point for small firms, and these contracts also come with the fastest appeal windows: 3 clear working days for the prior appeal, 2 days to go to the CRD. Results of restricted DRPs are published on the public procurement site as soon as they are awarded.
Direct agreement (entente directe)
With the DCMP's authorisation: exclusivity of the counterparty, or a follow-on contract to one performed after a tender (capped at one third of the main contract). With the DCMP's opinion: secret contracts or those needing special security, compelling urgency, general mobilisation. The contractor accepts price control during execution (art. 77). An unsolicited offer can also lead to direct negotiation, if the contract is at least 50 billion F CFA, the firm finances it in full and other conditions are met (art. 83).[1]
For you: If you hold an exclusive right, you must prove it in writing before the authority requests authorisation. Apart from classified secret contracts, direct-agreement contracts fall within ARCOP's annual audit.
Intellectual services: call for expressions of interest, then request for proposals
For consultants, design offices and technical assistance. The authority publishes an expression-of-interest notice, shortlists at least three candidates, sends them a request for proposals, opens the technical offer first, then the financial offer of qualified candidates only. It then negotiates with the selected candidate, one at a time. Below the open tender thresholds, it may directly invite five providers without advertising (art. 81, 82).[1]
Minimum period: At least 15 days from publication of the expression-of-interest notice (art. 82). If fewer than three candidates apply, a new period of at least 10 working days is opened. Request for proposals in simple urgency: 10 days (national) or 15 days (international).[1]
For you: The notice asks only for the minimum information and excludes experts' personal data: do not overload your file. Depending on the selection method in the dossier, technical quality may count alone, with price, or price may matter only above a minimum technical score.
Two-stage tender
For a very complex contract, or when the authority chooses on performance criteria rather than detailed specifications. Reasoned and subject to the DCMP's prior opinion. First stage: technical proposals without prices; second stage: final proposals with prices (art. 73).[1]
Minimum period: 30 days (national) or 45 days (international) for each stage. The application deadline is at least 45 days from the notice (art. 64, 73).[1]
For you: A joint venture's composition may change during the exchange phase, but not its lead firm (art. 47).
Framework agreement, call-off contract, standing-order contract
A framework agreement sets the terms of the follow-on contracts awarded during its term. The authority must obtain the DCMP's opinion on the dossier for a framework agreement, call-off contract, standing-order contract or phased contract, whatever the amount (art. 4, 142.a).[1]
For you: Framework agreements and their renewal amendments must appear in the procurement plan. Being selected does not guarantee an order: check in the dossier how orders are shared.
The choice of procedure often depends on the estimated amount. The thresholds below set it when the national code applies. A funder or international body has its own.
| Buyer | Contract | Amount | Effect |
|---|---|---|---|
| State, constitutional institutions, local authorities, public establishments | Works | 70,000,000 F CFA (tax basis not stated in article 53) | Open tender from this estimated amount; below it, request for information and prices.[1] |
| State, constitutional institutions, local authorities, public establishments | Supplies | 50,000,000 F CFA (supplies and routine services; tax basis not stated) | Open tender from this estimated amount.[1] |
| State, constitutional institutions, local authorities, public establishments | Consulting | 50,000,000 F CFA (tax basis not stated) | Intellectual services: formal procedure with shortlisting from this amount.[1] |
| Public companies, agencies and similar bodies, social protection institutions | Works | 100,000,000 F CFA (tax basis not stated) | Open tender from this estimated amount.[1] |
| Public companies, agencies and similar bodies, social protection institutions | Supplies | 60,000,000 F CFA (supplies and routine services; tax basis not stated) | Open tender from this estimated amount.[1] |
| Public companies, agencies and similar bodies, social protection institutions | Consulting | 60,000,000 F CFA (tax basis not stated) | Intellectual services: formal procedure with shortlisting from this amount.[1] |
| State, local authorities, public establishments | Works | 25,000,000 to under 70,000,000 F CFA incl. tax | Open DRP (public notice, 15 days).[2] |
| State, local authorities, public establishments | Supplies | 15,000,000 to under 50,000,000 F CFA incl. tax (supplies and routine services) | Open DRP.[2] |
| State, local authorities, public establishments | Consulting | 25,000,000 to under 50,000,000 F CFA incl. tax | Open DRP for intellectual services.[2] |
| Public companies, agencies, social protection institutions | Works | 50,000,000 to under 100,000,000 F CFA incl. tax | Open DRP.[2] |
| Public companies, agencies, social protection institutions | Supplies | 30,000,000 to under 60,000,000 F CFA incl. tax (supplies and routine services) | Open DRP. Same band, 30 to under 60 million, for intellectual services.[2] |
| State, local authorities, public establishments | All | Under 25 million (works), 15 million (supplies) and 25 million (intellectual services) incl. tax | Restricted DRP: at least five firms asked in writing. For public companies and agencies: under 50, 30 and 30 million incl. tax.[2] |
| All buyers | All | Under 5 million (works), 3 million (supplies and routine services), 5 million (intellectual services) incl. tax | Simple DRP, no written formalities: the authority freely consults at least three suppliers on pro forma invoices, and pays on statement or invoice.[2] |
| All buyers | Works | 100,000,000 F CFA incl. tax | The bid guarantee may be waived below this amount. The performance guarantee is mandatory from this amount, for works and intellectual services.[3][4] |
| All buyers | Supplies | 80,000,000 F CFA incl. tax (bid guarantee waiver); 70,000,000 F CFA incl. tax (performance guarantee) | Supplies and services other than intellectual services: the authority may waive the bid guarantee below 80 million; the performance guarantee is mandatory from 70 million.[3][4] |
| Authorities with an annual budget above 1 billion F CFA (100 million for local authorities) | Works | Under 100,000,000 F CFA incl. tax (works); under 80,000,000 F CFA incl. tax (supplies and services other than intellectual services) | Contracts that can be reserved for social and solidarity economy actors and SMEs. Each authority reserves at least 5% of the estimated annual value of its contracts: 3% for the social and solidarity economy and national SMEs, 2% exclusively for women-led SMEs.[7] |
| State, constitutional institutions, local authorities, public establishments (DCMP control) | All | 300 million (works), 200 million (supplies), 150 million (routine services and intellectual services) F CFA | From these amounts, the DCMP gives its opinion on the dossier, the evaluation and the contract. Below, the authority's own procurement unit reviews. This control does not change the procedure but adds opinion delays.[5] |
| Agencies and similar bodies (DCMP control) | All | 400 million (works), 250 million (supplies), 200 million (routine services and intellectual services) F CFA | DCMP review threshold for these bodies.[5] |
| Public companies and social protection institutions (DCMP control) | All | 600 million (works), 400 million (supplies), 250 million (routine services and intellectual services) F CFA | DCMP review threshold for these bodies.[5] |
A buyer may not cut a need into small purchases to stay under a threshold and avoid a stricter procedure: this is called splitting (fractionnement). Do not confuse it with lots, which are legitimate and published in a single notice. If the splitting rule seems to be bypassed on a contract, see Challenge a decision.
What next
The procedure says how the buyer sets up the competition, and the type of contract says what you must prove: see Works, supplies, services, consulting.
Read next
- Works, supplies, services, consulting: what changesThe type of contract decides what you must prove and how you will be scored. What to know for each of the four.
- Read a notice and a tender fileWhat to read first, where the disqualifying criteria hide, and how to decide within an hour whether the bid is worth the work.
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