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By organisation

Bidding to: Private companies, mining companies and NGOs

A private company or a mining company is not bound by a public procurement code: its rule is its internal purchasing policy and the request it sends you (RFQ, RFP or a simple price request). No threshold, deadline or formal challenge route is set by a public procurement code. An NGO buying with its own money is in the same position. But when the NGO or company buys with a funder's money (European Union, Global Fund, AFD, a development bank), the funder's rules pass on to it through the financing agreement. In every case what protects you is the contract or purchase order, not the procedure.

Checked on 2 November 2026

Where to find notices

  • Site fournisseurs ou portail d'achat de l'acheteur

    Mining companies and large firms often have their own 'suppliers' page or portal. There is no common channel. We have no common source on these portals.

  • Invitation directe par courriel ou par téléphone

    A price or proposal request often arrives by direct invitation from the purchasing department or the project manager. Being known to the buyer is the main way to get invited.

The buying methods

  • RFQ (Request for Quotation), demande de prix ou de cotation

    The buyer sends the same specifications to a few suppliers and compares prices, lead times and terms. In a private purchase, no public procurement rule sets the number of suppliers or the deadline. When a funder finances the purchase, it frames it: the AFD, for example, uses a shortlist of three to six suppliers for a request for quotations (Guidelines, 2.3).[4]

  • RFP (Request for Proposal), demande de proposition

    For complex needs or services: the buyer invites suppliers or consultants to propose a solution, with a technical part and a price, then negotiates. Selection criteria are those in the request. Funders frame this case: the AFD, for example, first builds a shortlist of four to six consultants (Guidelines, 5.1).[4]

  • Achat direct sur bon de commande

    The buyer orders from a known supplier, without competition. The order and the signed invoice are the documents that prove what was agreed.[1]

Knowing which rules apply

Before investing time in a response, ask two questions in writing: does the money come from a funder, and if so which one? The funder's rules change the form of the response, the papers asked and the remedies.

  • Global Fund: sub-recipients, sub-sub-recipients and procurement agents must comply with the Fund's guide on health products and incorporate its provisions in their arrangements, and the Principal Recipient stays accountable for compliance (guide, 1.2).[2]
  • European Union: beneficiaries of an EU grant follow procurement rules set in annex IV of the PRAG standard grant contract, and not the PRAG procurement guide itself (PRAG 2025, 1.2).[3]
  • AFD: where financing is on-lent to a final beneficiary or a delegated project owner is used, the beneficiary guarantees that final beneficiary's compliance with the AFD Guidelines, unless the financing agreement says otherwise (Guidelines, 1.1.1).[4]

Private firms buying with a development loan

A private company financed by a development bank may have to show it put suppliers in competition. Keep every offer received and your comparisons: a funder's auditor may ask for them.

  • BOAD: when the loan goes to an intermediary financial institution that on-lends to beneficiaries (individuals, private firms, SMEs, commercially run public enterprises), the beneficiaries themselves procure. They use the usual methods of the country's private firms, if the Bank finds them acceptable (project guide, 2.9.7).[5]
  • AfDB: its presentation on private-sector operations lists accepted commercial practices, conformity with the procurement plan, a fair market price, post review, and open competition for large contracts (2019 presentation).[6]unofficial source

Getting paid: contract, signed invoice, payment order

There is no public mechanism to challenge an award in a private purchase. Your protection is mostly written: a contract or purchase order stating the specifications, price, delivery, payment term and penalties; a delivery note or signed acceptance report; an invoice signed or accepted by the customer.

  • OHADA: recovery of a certain, liquid and due debt can be sought through the payment-order procedure (Uniform Act on simplified recovery procedures, art. 1). Decisions cited in the commentary come notably from Burkina Faso, Côte d'Ivoire, Cameroon and Togo.[1]unofficial source
  • According to the case law cited, a debt's certainty can result from invoices signed by the debtor, a notarised acknowledgment of debt, performance and acceptance of the agreed works, or, in a contractual relationship, an obligation to pay a sum under normal performance of the contract. It can also result from the debtor giving no proof of payment and disputing only how the invoices were calculated.[1]unofficial source

Traps to know about

  • Before investing in a response, check in writing that the request is genuine: is there a budget, a named contact, a decision date? A price request sometimes only serves to justify a supplier already chosen.
  • Do not start anything without a written order. A request for a quote is not an order. A verbal agreement or a vague message proves neither price nor quantity.
  • Have the delivery note or acceptance report signed and dated by an authorised person at the customer and keep a copy. That is what makes the debt 'certain' in a dispute.
  • Large buyers (mines, big groups) may require supplier listing, up-to-date administrative papers, safety and insurance certificates, and apply a long payment term. Ask for the payment term before setting your price, and work out your cash flow.
  • When an NGO or a company buys with a funder's money, ask which funder rules apply: three quotes minimum, eligibility, integrity declaration or list of compliant products. Better to know them before you submit.

What we could not confirm

Rather than guess, we list here what no reliable source allowed us to confirm. On these points, rely on the tender file or ask the body concerned.

  • This page is deliberately short. Practices specific to mining companies (supplier listing, local content obligations, subcontracting), the typical working of a private RFQ or RFP, internal rules of international NGOs and those of US agencies were not found in readable sources and are therefore not described as rules.
  • The OHADA Uniform Act extract read is the annotated OHADA Code (article 1, with case law). We did not check whether the Act has been revised since, nor each country's deadlines, formalities and competent court. A local lawyer should confirm the recovery route.
  • The facts on the Global Fund, EU, AFD, BOAD and AfDB only cover how funder rules pass down to firms and NGOs. They do not replace the funder's own guide.

Sources

  1. Acte uniforme portant organisation des procédures simplifiées de recouvrement des créances et des voies d'exécution, art. 1 (Code annoté de l'OHADA) (OHADA (ohada.com))
  2. Guide to Global Fund Policies on Procurement and Supply Management of Health Products (June 2021) (The Global Fund, 2021-06)
  3. Contract procedures for European Union external action: a practical guide (PRAG 2025), copie hébergée / mirror hosted by the UfM Secretariat (European Commission, DG International Partnerships (copie hébergée par le Secrétariat de l'Union pour la Méditerranée), 2025)
  4. Directives pour la Passation des Marchés financés par l'AFD, septembre 2026, version 1 (AFD-R0097 v10 du 31/08/2026) (Agence française de développement, 2026-09)
  5. Guide de procédures de passation de marchés et règles d'attribution des contrats financés par la BOAD, septembre 2020 (Banque ouest-africaine de développement (BOAD), 2020-09)
  6. Business Opportunities with Multilateral Banks: Overview of the African Development Bank (présentation BAD, 29 novembre 2019, copie hébergée par la Chambre de commerce du Luxembourg) (African Development Bank (copie hébergée par Luxembourg Chamber of Commerce), 2019-11-29)

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