The public procurement rules in Benin

We do not yet have a verified list in Benin. 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

• Any candidate with the technical and financial capacity and experience of similar contracts may bid, on objective criteria written in the dossier. Technical capacity: equipment and staff, references, possibly a professional register or qualification certificate, a statement on the buyer's model. A start-up may show the experience of its technical management instead of its own references.[1]
• Financial capacity: balance sheets (or extracts) where publication is required, overall and sector turnover over at most three years, and exceptionally bank statements or proof of insurance. If a document is missing, the commission may ask for others: with no answer within 3 working days the bid can be rejected.[1]
• Documents proving you are not excluded (bankruptcy, criminal, tax or social bans, ARMP exclusion) are only required at approval stage. If you do not produce them within 3 working days of the award notification, the award can be cancelled. Exclusions also hit members of a group and subcontractors.[1]
• Excluded for conflict of interest: firms in which a member of the contracting authority, control body or commission has an interest, and firms affiliated with consultants who prepared the tender dossier. A false document or a bounced guarantee cheque is a deliberate inaccuracy: the bid is rejected and sanctions may follow. The bidder must check the authenticity of staff diplomas and ID papers.[1]
• A categorisation certificate issued by an approved body may be requested depending on the contract, but cannot be used alone or in a discriminatory way to judge technical capacity.[1]

• Joint and several group (each answers for the whole contract) or several-only group (each for its share). One lead member represents the group and is jointly liable with each member. Applications are signed by all or by the authorised lead. The make-up cannot change between prequalification and bid submission. Submitting several offers for the same contract or lot, alone and in a group, is forbidden. For a joint and several contract, payment goes into a single account.[1]
• Subcontracting: only possible if the dossier provided for it. The offer states the nature of the work, the subcontractor, its references, the planned amount and payment terms. The subcontracted share does not exceed 40% of the contract, amendments included. The winner remains solely responsible. An approved subcontractor can be paid directly by the buyer.[1]

• A bid guarantee is required when the nature of the services calls for it. Its amount is written in the dossier and equals 1% of the estimated amount of the contract excluding tax. Accepted forms: ordinary cheque cashable during bid validity, unconditional bank guarantee, or another form named in the dossier. No guarantee for intellectual services.[1]
• Micro, small and medium enterprises may provide it as a simple guarantee declaration letter. The guarantee is released for rejected bids after the winner signs the draft contract; if the procedure is stopped, guarantees are released.[1]

• Code rule: a single envelope containing the candidacy details, the bid guarantee and, separately, the technical and financial offers. Offer signed by the bidder or an authorised agent (an agent represents only one bidder per contract), with a cover letter, in one original and one paper copy, plus an electronic copy on a USB key. One offer per lot where lots exist.[1]
• The bid is sealed, carries the tender number and subject without the bidder's name, and is lodged against a receipt at the stated place before the deadline. Late bids are inadmissible and returned unopened. Bids get an order number and are entered in order of arrival in a special register.[1]
• The 9 April 2025 decree provides, once the system is live, for fully electronic filing: files grouped by nature (administrative, technical, financial), encrypted by the bidder before upload on pain of rejection, electronically signed, with a time-stamped registration receipt. No bid is accepted after the opening time. Only the date and time of receipt on the buyer's profile count. An inaccessible bid is inadmissible, and failing to respect the file format makes the bid inadmissible.[4]
• The tender dossier is given free of charge to any candidate who asks, from publication of the notice. The notice states at least the reference, funding, type of tender, where to get the dossier, main criteria, date, place and time of filing, bid validity period and guarantee amount.[1]

• The opening session is public, at the date and time in the dossier, with candidates present if they wish, chaired by the PRMP. The minutes are signed by the commission, published through the same channels as the notice and handed to all bidders without delay. If only one bid is received, opening still takes place.[1]
• For restricted or prequalification procedures, if fewer than three bids arrive, a new period of at least 10 days is published. If there are no bids, the commission also opens a new period of at least 10 days. For a request for quotations, public opening is not mandatory.[1][3]

• The choice rests on a single criterion: either the (corrected) price, only for standardised supplies or services whose quality does not vary, or the overall price or cost (running and maintenance cost, lead time, after-sales service, payment terms, quality). Criteria must be in the dossier; no unannounced criteria or methods. There is no negotiation with the bidder, except for intellectual services and direct agreement.[1]
• The base offer must conform to the dossier. Variants are only allowed if the dossier asks for or allows them. Before rejecting an abnormally low offer, the buyer must ask you in writing for justifications (economics of the method, technical solutions, social and environmental compliance, state aid) and examine them.[1]
• For intellectual services, the technical and financial proposals are in two sealed envelopes. Technical proposals are opened and evaluated first; only technically qualified candidates have their financial proposal opened in public session, the others get it back unopened.[1]

• Community preference: given to bidders domiciled and tax-resident in Benin or an UEMOA state, shown in the dossier as a percentage of the offer, never more than 15%. Conditions: for suppliers, at least 30% value added in the UEMOA; for works contractors, at least 30% UEMOA inputs or site staff; for companies, more than half of capital held and governing bodies controlled at least half by UEMOA nationals.[1]
• Small firms: a candidate that plans to subcontract at least 30% of the contract to micro, small and medium enterprises can get a preference margin of up to 5%, cumulative with the community preference. The code also gives a 5% preference to the offer of a micro, small or medium enterprise, cumulative with the 15% community preference.[1]
• Each buyer lists in its annual plan the share of contracts, by number, set aside for micro, small and medium enterprises; the minimum is set by the year's finance law.[1]

• After evaluation, a provisional award report (winners, excluded bidders and reasons, price, subcontracted shares) is validated by the control body then published. All bidders receive results with reasons for rejection. A rejected bidder gets a copy of the report within 3 working days of a written request. The buyer waits at least 10 calendar days before signing and sending the contract for approval.[1]
• A contract must be concluded, signed and approved before any work starts; an unapproved contract is void. Approval can only be refused for lack or shortage of funds, within 5 calendar days. The contract is notified within 3 calendar days of approval and takes effect on notification. A final award notice is published within 15 days.[1]
• The buyer may ask to extend bid validity, by at most 45 calendar days without an ARMP opinion, after confirmation by the provisional winner. If the procedure is stopped, bidders are released and their guarantees freed. A tender is declared unsuccessful after a control opinion, and the decision is published within 5 calendar days.[1]

• First appeal to the PRMP or the hierarchical superior, copied to the ARMP: within 5 working days of publication or notification of the award, or within the 10 working days before the filing date if it targets the dossier. It suspends the award procedure. A decision is due within 3 working days. It must claim a breach of the regulations. It can target the award, publicity, participation conditions, procurement method, dossier, criteria or stopping of the procedure.[1]
• Second appeal to the ARMP: within 2 working days of notification of the contested decision, or if the buyer does not answer within 3 working days. The ARMP decides within 7 working days, its decisions are enforceable and the buyer has 5 working days to correct. A court appeal remains possible but suspends nothing. These periods are clear days. Appeals can be made by registered letter or electronically; the ARMP offers forms for before and after bids are filed.[1][6]
• For a price solicitation: a complaint before bids are opened goes to the buyer within the time remaining before the filing date, copied to the ARMP.[3]

• The winner provides a performance guarantee when the nature and duration of the contract call for it, except for intellectual services. Its amount is set by the buyer and does not exceed 5% of the base price, plus or minus amendments. It is put up within 30 days of notification and before the first payment. If a bid guarantee exists, it must be replaced before it expires.[1]
• It takes the form of a first-demand bank guarantee or a surety under OHADA law. Release: 90% at provisional acceptance, 10% at final acceptance. Where a micro, small or medium enterprise is a co-contractor, the guarantee does not cover its share.[1]

• An advance may be provided for in the tender dossier. Cap: 20% of the initial contract for works and intellectual services, 30% for supplies and other services. It is only paid once the required guarantees are in place and is repaid by deduction from instalments or the balance.[1]
• The advance must be backed by a refund guarantee for its full amount. Micro, small and medium enterprises are exempt for advances that do not exceed 20% of the contract.[1]

• Where the contract has a warranty period, the buyer may withhold 5% of each payment, set in the specifications. It is released at the end of the warranty period and cannot be assigned.[1]

• Payments are made by bank transfer. The buyer pays instalments and balance within 60 days of receiving the invoice, unless a longer period is set for the balance of some categories of contracts. Communes may grant shorter periods to small and medium enterprises. Beyond that, after a formal notice left unanswered for 8 days, default interest runs at the legal rate set by the BCEAO. Directly paid subcontractors benefit from these rules.[1]
• Instalments are due for work started, but optional for contracts shorter than three months. Late penalties require a formal notice and are capped by the specifications. A change of bank details is done by amendment. The code sets a regulation fee of 0.50% of the amount excluding tax of contracts awarded.[1]

• The ARMP can sanction a candidate, bidder or contractor for: price collusion, undue advantage to an official, influencing how the contract is defined, false statements or use of confidential information, false payment claims, obstructing investigations, corruption, threats against officials. Sanctions: confiscation of guarantees, exclusion from competition for up to 10 years (permanent on repeat, and extended to companies linked by capital in case of collusion), withdrawal of approval or qualification certificate.[1]
• The ARMP publishes the list of excluded firms every quarter, sent to buyers and published in the Official Journal and on the procurement website; the red list can be read at armp.bj and a certificate of non-exclusion can be requested online. Any contract obtained through corruption is void.[1][5]