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.
Benin 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)
The default procedure once the estimated amount excluding tax reaches the award threshold: 100 million F CFA for works, 70 million for supplies and services (35 and 25 million for communes without special status). It can exceptionally be preceded by prequalification for large or complex works or equipment.[1][2]
Minimum period: At least 21 calendar days from publication of the notice for contracts above the award threshold, and 30 days above the community publication threshold. In a duly justified emergency, down to 15 days, with DNCMP authorisation.[1]
For you: This is the most open procedure: the dossier is free on request and bid opening is public. Plan at least 3 weeks of preparation, more if a bank guarantee or certificates must be obtained.
Restricted tender (AOR)
Only when goods, works or services are so specialised that a limited number of suppliers can provide them. The buyer sends an invitation letter to the candidates it chooses. A competent firm that was not consulted can ask the DNCMP for permission to take part: with no answer within 3 working days, permission is deemed granted.[1]
Minimum period: The same periods as open tendering (21 days, or 30 above the community threshold), counted from the simultaneous sending of invitations. If fewer than 3 bids arrive, a new period of at least 10 days is opened.[1]
For you: Read the annual general notice: it lists planned restricted tenders. If you are qualified but not on the list, asking the DNCMP is a right, not a favour.
Request for information and prices (DRP) and request for quotations (DC)
Below the award threshold. The request for information and prices covers amounts excluding tax above 10 million F CFA; the request for quotations covers from above 4 million up to and including 10 million. They must be in the procurement plan, on pain of nullity.[2][3]
Minimum period: 10 working days for the request for information and prices, 5 working days for the request for quotations. At least 3 bids are needed; otherwise the procedure is rerun (3 more working days for the information and prices request, until 3 quotes are obtained for the quotation). Bids stay valid for at most 30 days.[3]
For you: This is small firms' ground: free dossier, few documents, contract signed in a few weeks. But publicity is light (posting at the buyer, prefecture or town hall, trade chambers) and a quotation may have no notice at all. Make yourself known to the PRMPs in your area.
Direct agreement (gré à gré)
No tender, and only in listed cases: patent or exclusive right, technical or artistic reason, extreme urgency replacing a defaulting contractor, unforeseeable compelling urgency, or Council of Ministers authorisation. Prior DNCMP authorisation, except where the Council of Ministers decides. The cumulative amount allowed is capped at 10% of the buyer's contracts for the year.[1]
For you: You cannot apply: the buyer picks the firm. The winner accepts specific price control and stricter accounting duties.
Expression of interest (AMI) for intellectual services
For studies, project supervision and technical assistance. The buyer draws up a shortlist of 5 to 8 candidates based on their abilities. The commission must include at least two qualified national consultants. If fewer than five are shortlisted, the buyer may contact other firms or rerun the call.[1]
Minimum period: At least 10 calendar days to receive expressions of interest, from the first publication of the notice.[1]
For you: At this stage you send a references file, not a priced offer. The two seats reserved for national consultants are a real lever for a Beninese firm.
Two-stage open tender
Only for a very complex contract, or one awarded on performance criteria rather than detailed specifications. The DNCMP approves its use in advance. Bidders first submit a technical proposal without price, then a final priced offer if retained.[1]
For you: A bidder who does not want to submit a final offer can withdraw without losing the bid guarantee.
Framework agreement
When the subject suits it. It sets the rules for purchase orders or follow-on contracts over a period, notably prices. Its duration cannot exceed 3 years. Purchase orders and follow-on contracts only go ahead once funds are reserved.[1]
For you: Being selected does not guarantee orders: the agreement sets a frame, not a volume.
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 |
|---|---|---|---|
| All buyers except communes without special status | Works | 100,000,000 F CFA excluding tax | Tendering is mandatory from this estimated amount.[2] |
| All buyers except communes without special status | Supplies | 70,000,000 F CFA excluding tax (supplies or services) | Tendering is mandatory from this estimated amount.[2] |
| All buyers except communes without special status | Consulting | 50,000,000 F CFA excluding tax (firms and bureaux); 20,000,000 F CFA excluding tax (individual consultants) | Formal selection of intellectual services from these amounts.[2] |
| Communes without special status | Works | 35,000,000 F CFA excluding tax | Tendering is mandatory from this amount.[2] |
| Communes without special status | Supplies | 25,000,000 F CFA excluding tax (supplies or services) | Tendering is mandatory from this amount.[2] |
| Communes without special status | Consulting | 20,000,000 F CFA excluding tax (firms and bureaux); 15,000,000 F CFA excluding tax (individual consultants) | Formal selection of intellectual services from these amounts.[2] |
| All buyers, below the award threshold | All | Above 10,000,000 F CFA excluding tax | Request for information and prices (up to the award threshold).[2][3] |
| All buyers, below the award threshold | All | Above 4,000,000 and up to 10,000,000 F CFA excluding tax | Request for quotations.[2][3] |
| All buyers | All | 4,000,000 F CFA excluding tax (exemption threshold) | Up to this amount the purchase can be made on a simple invoice after consulting three contractors, suppliers or providers.[2][3] |
| State, local authorities and public establishments | Works | 1,000,000,000 F CFA (community publication threshold) | Notice also published on the UEMOA site, in a national daily and an international journal; bid deadline of at least 30 days.[2][1] |
| State, local authorities and public establishments | Supplies | 500,000,000 F CFA (supplies and services); 150,000,000 F CFA (intellectual services) | Same community publication duty.[2] |
| Public-law bodies, national companies, majority publicly owned limited companies | All | 1,500,000,000 F CFA (works); 750,000,000 F CFA (supplies and services); 200,000,000 F CFA (intellectual services) | Community publication thresholds for these entities.[2] |
| DNCMP, prior control (excluding communes without special status and establishments whose cell head is not a control delegate) | All | 500,000,000 F CFA (works); 300,000,000 F CFA (supplies and services); 200,000,000 F CFA (firms); 100,000,000 F CFA (individual consultants) | From these amounts the DNCMP checks the procedure before award. Below, the buyer's control cell does (or, for some communes, the departmental direction).[2] |
| Communes without special status and the establishments concerned, DNCMP control | All | 300,000,000 F CFA (works); 150,000,000 F CFA (supplies and services); 120,000,000 F CFA (firms); 80,000,000 F CFA (individual consultants) | Prior control by the DNCMP from these amounts.[2] |
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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