Public procurement regulation in Niger: texts, procedures, thresholds

The texts in force

The Nigerien code implements the WAEMU (UEMOA) framework: directives no. 04/2005/CM/UEMOA (award, execution and settlement procedures) and no. 05/2005/CM/UEMOA (control and regulation) of 9 December 2005, plus directive no. 02/2014/CM/UEMOA on delegated project ownership. Contracts reaching the community advertising thresholds must also be published under rules set by the UEMOA Commission, and a call may be national, community or international (art. 22, 85, 87).[1]

Décret n° 2022-743/PRN/PM du 29 septembre 2022 portant Code des marchés publics et des délégations de service public
The code: award methods, bidder participation, bids, guarantees, execution, payment, appeals, control and sanctions. It replaced the 2016 code (decree no. 2016-641), which still applies only to contracts and amendments already approved.[1][2]
Décret n° 2026-099/PRN/PM du 11 février 2026 modifiant et complétant le décret n° 2022-743/PRN/PM
Rewrites article 167 of the code: the guarantee for advances (30% maximum of the initial contract) can be a bond from a financial institution approved by the Finance Ministry or a guarantee built on claims the contractor holds on the Treasury.[2]
Arrêté n° 0018/PM/ARCOP du 18 janvier 2023 fixant les seuils dans le cadre de la passation des marchés publics
Thresholds for open tendering, requests for information and prices (DRP) and requests for quotation (DC), the regulation fee threshold and the notification to the Council of Ministers.[3]
Arrêté n° 0019/PM/ARCOP du 18 janvier 2023 fixant les délais dans le cadre de la passation des marchés publics et des délégations de service public
Minimum bid deadlines by procedure, and time limits for evaluation, informing bidders, signature, approval and notification.[4]
Arrêté n° 0017/PM/ARCOP du 18 janvier 2023 portant liste des pièces à fournir par les soumissionnaires / candidats pour être éligibles
The list of 15 eligibility and qualification documents that a tender dossier may require.[5]
Arrêtés n° 0020 et n° 0021/PM/ARCOP du 18 janvier 2023
Composition and operation of the public procurement and public service delegation commissions (no. 0020), and how contracts are signed and approved (no. 0021). Read by title only.[11]
Arrêté n° 0039/ME/F/SG du 18 février 2026 sur la garantie d'avance sous forme de créances détenues sur le Trésor public
How to build this guarantee: request to the contracting authority, review by the Budget Directorate (24 hours) then the Treasury (48 hours), and pledging of the claims.[6]
Loi n° 2022-46 du 12 décembre 2022 portant création, statut, missions, organisation et fonctionnement de l'ARCOP
Creates the Public Procurement Regulatory Authority (ARCOP), which replaces ARMP.[9][19]
Loi n° 2011-37 du 28 octobre 2011 portant principes généraux, contrôle et régulation des marchés publics et des délégations de service public
Framework law on principles, control and regulation. It is still cited in the February 2026 decree.[10][2]
Décret n° 2023-550/PRN/PM du 6 juillet 2023 sur le Comité de Règlement des Différends (CRD)
Mission, composition and operation of the committee that rules on bidders' appeals. Read by title and preamble.[12][15]
Ordonnance n° 2024-05 du 23 février 2024, décret n° 2024-273/P/CNSP du 4 avril 2024 et décret n° 2026-100/PRN du 11 février 2026
Derogation regime for certain defence and security purchases paid from the State budget or the Fund of Solidarity for the Safeguard of the Homeland (FSSP): outside the code, with the binding opinion of a body under the CNSP. The ordinance itself was not read.[7][8]
Décret n° 2016-642/PRN/PM du 1er décembre 2016 fixant les minima et maxima du prix des dossiers d'appel d'offres et le taux de la redevance de régulation
Selling price of the tender dossier and the regulation fee rate. Read by title only: it is not known whether the figures changed since the 2022 code.[12]
Status to confirm with the regulator.
Décret n° 2018-496/PRN/PM du 20 juillet 2018 portant Code d'éthique et de déontologie des marchés publics
Ethics rules that every bidder commits to follow through a signed undertaking attached to the bid.[12][5]

The bodies

ARCOP, Autorité de Régulation de la Commande Publique
Regulates the system: audits, opinions, standard documents, dispute settlement, sanctions and publication of information (weekly bulletin, procurement plans). Also issues the certificate of non-exclusion from public procurement. Based in Niamey (PO Box 725, tel. +227 20 72 35 00).[14][5][13]
Comité de Règlement des Différends (CRD)
Rules on appeals by unsuccessful bidders against the tender dossier, the award, publication conditions or refusal of approval. Three members of the national regulation council (administration, private sector, civil society). Its decision binds the contracting authority.[1][15]
Direction générale du contrôle des marchés publics et des opérations budgétaires (DGCMP/OB)
The Finance Ministry body that checks files in advance: it gives the compliance opinion on the tender dossier, the award report and approvals for exceptional procedures, and registers contracts. Its silence for 7 working days counts as a favourable opinion for a tender.[1][4][18]
Portail des marchés publics du Niger (marchespublics.ne)
Portal carrying procurement plans, tenders, award notices and lists of direct agreements. It also carries circulars from 2022 and 2023 and an October 2025 notice on the resumption of the weekly bulletin.[16]
Commission d'ouverture des plis et d'attribution du marché, comité d'experts indépendant
Opens bids in public session, then evaluates and ranks them with the help of the independent expert committee. It signs the opening report.[1][11]
Personne responsable du marché et Directions des marchés publics des ministères
The contracting authority is represented by a principal responsible person who delegates the procedure to deputy responsible persons. Each ministry has a public procurement and service delegation directorate (2013 decree).[1][12]
Comité ad hoc et organes de contrôle des marchés de défense et de sécurité
Binding opinion before any defence or security purchase under a confidential regime; control before and after the award by the Prime Minister's office.[1][7]
Conseil d'État
Hears appeals against CRD decisions, with no suspensive effect.[1]
Direction générale des impôts (DGI)
The contractor has the contract registered there. No advance or invoice is paid until the contract is registered and the regulation fee is paid.[1][3]

Where to find notices

Portail des marchés publics et des délégations de service public du Niger (marchespublics.ne)
Official portal with procurement plans, tenders, provisional and final award notices, disputes and direct-agreement contracts. Its home page claims more than 25,000 notices. It also publishes useful circulars (for example the one explaining order no. 0021) and a memo on SIGMAP-Niger, the electronic procurement management information system (June 2022).
The home page can be browsed without an account; it also offers login and registration, the use of which was not checked.
Site de l'ARCOP : avis d'appels d'offres, plans de passation, ententes directes
The 'Commande publique' section of the regulator's site, with notices, annual procurement plans and the list of direct-agreement contracts. At the time of checking, the notices page showed only three notices, all issued by ARCOP itself; notices from other buyers appear in the HCOP bulletin.
Open access, no account.
Hebdomadaire de la Commande Publique (HCOP)
ARCOP's weekly bulletin in PDF. Issue 552 (26 to 31 October 2026) contains calls for tenders (including one from the Global Fund), procurement plans and CRD decisions. It is the most regular source for following notices.
Free download, no account.
Presse nationale et revue spécialisée
Every open tender, prequalification notice and DRP must be published in identical terms in a widely circulated national or international newspaper, a specialised procurement magazine and possibly a specialised site (art. 86). Without publication the procedure is void.
SIGMAP et Journal des marchés publics
The deadlines order names SIGMAP and the Journal of Public Procurement as media for publishing the annual plan. A 2026 opinion piece describes SIGMAP as still being rolled out. No separate SIGMAP address could be confirmed.

Who buys

State, administrative public bodies, independent administrative authorities: They apply the code with the lowest thresholds: open tender from 70 million F CFA excl. VAT for works and 50 million for supplies and routine services (order no. 0018, art. 2). Each ministry has its procurement directorate; control in advance is done by the DGCMP/OB.[3][1]
Local authorities (communes, regions): Same thresholds as the State. The code provides that award methods are adapted as needed to their situation (art. 71), and several authorities may pool an order using the State thresholds (order no. 0018, art. 2). Local authorities may also grant shorter payment times to SMEs based in their area (art. 177).[1][3]
Industrial and commercial public bodies, state companies, majority-public companies: Higher thresholds: open tender from 100 million for works and 70 million for supplies and routine services. Their procedures are adapted by specific procedure manuals approved by order (art. 71; order no. 0241/PM/ARMP of 2021). A draft decree creating an even more specific regime for state companies was adopted by the Council of Ministers on 18 May 2026: its fate is not confirmed.[1][3][11][20]
Defence and security forces: Confidential purchases (military equipment, secret works, counter-terrorism) use restricted tendering among at least three approved suppliers, or direct agreement for a unique qualification, after the Prime Minister's no-objection (art. 54 to 63). Since 2024 an additional derogation regime exists for purchases paid from the State budget or the FSSP. You must be on the restricted list of approved suppliers, or hold a patent, licence or exclusive rights (art. 58).[1][7]
Projects funded by foreign donors: The code applies as long as it does not contradict the financing agreement. If the donor requires its own prior review, the contract is not subject to national review but is sent, with the no-objection and the evaluation report, for registration (art. 4). In that case the donor's rules may override the code.[1]

The procedures

Open tender (AOO), national, community or international

This is the normal award method (art. 28). It is compulsory from 70 million F CFA excl. VAT (works) or 50 million (supplies and routine services) for the State, local authorities and administrative bodies, and from 100 and 70 million for industrial and commercial bodies and state companies. For intellectual services, see the expression of interest procedure. It may be preceded by prequalification for large or complex works or equipment (art. 41).[1][3]

Minimum period: At least 30 calendar days after publication of the notice for a national call; 45 days for an international or community call. In a reasoned emergency authorised by the control body: 10 days (national) or 30 days (international). If the dossier is amended, the changes must reach bidders at least 10 days before the deadline.[4]

For you: The clock starts at publication of the first notice. Collect the dossier immediately: the list of documents is in the dossier, and certificates less than three months old take time to obtain.

Restricted tender (AOR)

Only candidates chosen from a shortlist submit a bid. It is possible only when the number of approved professionals able to do the work is small and known in advance. It is justified and authorised by the control body, and must not exceed 5% of the number of contracts in the year (art. 48 to 50). The order's thresholds do not apply to it.[1][3]

Minimum period: 21 calendar days from receipt of the invitation letter, 10 days in a reasoned emergency. If fewer than three bids are received, a new period of at least 15 days is opened.[4][1]

For you: You cannot take part without an invitation. To get in, be on the relevant approval lists or professional registers and stay visible to the ministries' procurement directorates.

Price solicitation: request for information and prices (DRP) and request for quotation (DC)

Below the tender thresholds. For the State and local authorities: DRP from 30 to under 70 million F CFA excl. VAT (works) and 20 to under 50 million (supplies and routine services); DC from 10 to under 30 million (works) and 10 to under 20 million (supplies and services). For industrial and commercial bodies and state companies: DRP from 40 to under 100 million (works) and 30 to under 70 million; DC from 10 to under 40 million (works) and 10 to under 30 million. Below 10 million, purchases are made by purchase order or plain invoice.[3][1]

Minimum period: DRP: 10 working days after publication of the public call notice. DC: 7 calendar days after the invitation letter, with at least three quotes from distinct providers.[4][1]

For you: This is the entry point for small firms. A DRP is public; a DC is by invitation, and the authority must keep a database of approved providers open to registration: get yourself registered with buyers in your sector. The list of documents may be lightened, except the tax compliance certificate.

Direct agreement (négocié par entente directe)

An exception authorised by the control body: compelling emergency (conflict, disaster), default of a contractor, sole provider (patent, licence, exclusive rights), or a follow-on contract to one performed after a tender, capped at 30% of the first contract and one per contractor. Use of this procedure must not exceed 5% of the number of contracts in the year (art. 52 and 53). The provider accepts price control during execution.[1]

Minimum period: 15 calendar days after receipt of the invitation to negotiate for national bidders; 21 days for community or international bidders. In a reasoned emergency: 7 and 15 days.[4]

For you: If you hold a patent, licence or brand for what the State wants to buy, tell the procurement directorate in writing. The list of direct-agreement contracts is published by ARCOP.

Intellectual services: expression of interest, then request for proposals

For studies, advice and technical assistance. The authority publishes an expression-of-interest notice, draws up a shortlist, then sends a request for proposals. The bid is one envelope containing separately sealed technical and financial offers; the financial offer is opened only for technically qualified bidders. Individual consultants are chosen on qualifications. Below 30 million (firm) or 15 million (individual) for the State, and 40 and 20 million for state companies, the authority directly invites at least three providers from its database, without a prequalification notice.[1][3]

Minimum period: Expression-of-interest or prequalification notice: 15 calendar days (national) or 30 days (international) after publication; 10 and 15 days in a reasoned emergency. Request for proposals: 30 days (national) or 45 days (international).[4]

For you: References from similar assignments and expert CVs weigh more than price. An expert can appear in only one bid for the same contract, and must sign an undertaking to that effect.

Two-stage tender

For a very complex contract or one awarded on performance criteria. First stage: technical proposals without prices; second stage: final proposals with prices, after the dossier is revised. It is justified and authorised by the control body (art. 44).[1]

For you: Use the first stage to get clarifications: technical discussions come before price.

Framework agreement

An agreement with one or more providers fixing the prices and, where relevant, quantities of contracts to be placed during a given period. The use of framework agreements is governed by a 2021 order (no. 0239/PM/ARMP), read by title only. The 'client contract' (marché de clientèle) is limited to one year, renewable once (art. 125).[1][11]

For you: Being selected in a framework agreement does not guarantee orders: orders are placed as needs arise.

Public service delegation (managed operation, lease, concession)

The State and local authorities entrust a public service to an operator paid mainly by the results of operating it. Competition is always preceded by prequalification, the selection must be validated by the control body, then the contract is negotiated with the chosen operator (art. 72 to 76).[1]

For you: These files require heavy financial guarantees and the capacity to keep the service running: they rarely suit a small firm alone but can open subcontracting positions.

The thresholds

Buyer	Contract	Amount	Effect
State, administrative public bodies, independent administrative authorities, local authorities	Works	70,000,000 F CFA excl. VAT	Open tender compulsory from this amount (estimated amount equal to or above).[3]
State, administrative public bodies, independent administrative authorities, local authorities	Supplies	50,000,000 F CFA excl. VAT (supplies or routine services)	Open tender compulsory from this amount.[3]
State, administrative public bodies, independent administrative authorities, local authorities	Consulting	30,000,000 F CFA excl. VAT (firm); 15,000,000 F CFA excl. VAT (individual consultant)	Above: public shortlisting by expression of interest. Below: the authority directly invites at least three providers from its database.[3]
Industrial and commercial public bodies, state companies, majority-public companies, private bodies acting for the State	Works	100,000,000 F CFA excl. VAT	Open tender compulsory from this amount.[3]
Industrial and commercial public bodies, state companies, majority-public companies, private bodies acting for the State	Supplies	70,000,000 F CFA excl. VAT (supplies or routine services)	Open tender compulsory from this amount.[3]
Industrial and commercial public bodies, state companies, majority-public companies, private bodies acting for the State	Consulting	40,000,000 F CFA excl. VAT (firm); 20,000,000 F CFA excl. VAT (individual consultant)	Above: public shortlisting by expression of interest. Below: direct invitation of at least three providers.[3]
State, administrative public bodies, local authorities	Works	30,000,000 to under 70,000,000 F CFA excl. VAT (DRP); 10,000,000 to under 30,000,000 F CFA excl. VAT (DC)	Contract placed by request for information and prices (DRP) or request for quotation (DC) depending on the band.[3]
State, administrative public bodies, local authorities	Supplies	20,000,000 to under 50,000,000 F CFA excl. VAT (DRP); 10,000,000 to under 20,000,000 F CFA excl. VAT (DC)	Supplies or routine services: DRP or DC depending on the band.[3]
Industrial and commercial public bodies, state companies, majority-public companies	Works	40,000,000 to under 100,000,000 F CFA excl. VAT (DRP); 10,000,000 to under 40,000,000 F CFA excl. VAT (DC)	Contract placed by DRP or DC depending on the band.[3]
Industrial and commercial public bodies, state companies, majority-public companies	Supplies	30,000,000 to under 70,000,000 F CFA excl. VAT (DRP); 10,000,000 to under 30,000,000 F CFA excl. VAT (DC)	Supplies or routine services: DRP or DC depending on the band.[3]
All buyers	All	5,000,000 F CFA (tax basis not stated in the order)	From this amount, the regulation fee must be paid before any payment. No advance or invoice is paid before.[3][1]
All buyers	All	300,000,000 F CFA excl. VAT	The purchase must be communicated to the Council of Ministers, for information only, before approval. This adds no step for the bidder but can lengthen the wait before notification.[3]
All buyers	All	No threshold	The order's thresholds apply neither to direct agreement nor to restricted tendering (order no. 0018, art. 14).[3]

The administrative documents

We do not yet have a verified list in Niger. 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

Who can bid

Every candidate, whatever the procedure, proves legal, technical, economic, financial, social and environmental capacity and that it is up to date on tax and social obligations (art. 15). Financial capacity is shown by bank statements or proof of insurance, accounts, or turnover for the last three financial years (art. 18). False information leads to rejection of the bid (art. 21).[1]
Order no. 0017 lists 15 possible documents: bid letter and price schedule, sworn statement (accuracy and no conflict of interest), commitment to the ethics code, approval or professional register entry, ARCOP certificate of non-exclusion (for UEMOA firms), bid guarantee, financial capacity certificate (credit line), manufacturer's authorisation, non-bankruptcy certificate, Labour Inspectorate and CNSS (social security) certificate, tax compliance certificate (ARF) and Chamber of Commerce certificate. The non-bankruptcy, Labour/CNSS, ARF and Chamber certificates may be supplied only by the provisional awardee before signing. The non-bankruptcy, CNSS and ARF certificates must be less than three months old (for the ARF, at the bid deadline). The tender dossier states the exact list required.[5]
Excluded: firms in bankruptcy, liquidation or receivership (unless authorised to continue trading), those convicted with a ban on public contracts, those linked to staff of the contracting or control bodies, firms affiliated with the consultant who prepared the dossier, firms temporarily excluded by ARCOP, NGOs and non-profit associations (unless a grouping of economic interest), and government members, MPs, governors, mayors, prefects, defence personnel and public officials (art. 23).[1]
Social capacity: shown by a commitment to hire staff of Nigerien or community nationality, or by proof of subcontracting 40% of the contract to Nigerien youth- or women-led SMEs (art. 19). Order no. 0017 reserves this document for non-UEMOA bidders when the authority requires it for certain contracts.[1][5]

Joint ventures and subcontracting

Several firms can hold a contract, jointly and severally or separately. They appoint a representative in the undertaking. Applications and bids are signed by all or by the authorised representative. A candidate cannot submit several bids for the same contract or lot, nor as an individual and as a member of a joint venture; an expert can appear in only one bid. Without lots, co-contractors are jointly liable for the whole. Each member must meet the same eligibility criteria (art. 25, 26; order no. 0017, art. 3).[1][5]
Subcontracting: allowed for works and services, with the prior agreement of the person responsible for the contract, in priority to Nigerien or community SMEs. It is prohibited above 40% of the total value. The contractor remains responsible for execution. For a subcontractor to be paid directly, the authority must approve its payment terms (art. 24, 179, 180).[1]

Bid security

A bid guarantee is required when the nature or amount of the work justifies it. Its amount is stated in the tender dossier, between 1% and 3% of the estimated contract amount. It is issued by a financial institution approved by the Finance Minister (or with an approved correspondent). It is not required for intellectual services (art. 145 and 146). At opening, the presence or absence of the guarantee is read aloud (art. 34).[1]
The code announces guarantee terms more favourable to SMEs, to be set by order of the Prime Minister (art. 146). No such order was found in the list published by ARCOP.[1][11]

Submitting bids

The bid is a single sealed envelope sent by post or courier or delivered by hand. It holds separately the candidacy, the technical offer and the financial offer, plus a signed undertaking (art. 33, 104, 105). The rules cannot allow delivery at the opening session itself. Envelopes received after the deadline are returned unopened (art. 106). Unless the notice says otherwise, bids may also be sent electronically, under conditions set by regulation that were not found (art. 92).[1]
Notices and the dossier are in French. The bidder's printed documents may be in another language, with a French translation that prevails (art. 101). Amendments to the dossier must reach bidders at least 10 calendar days before the deadline, and the deadline may then be extended (art. 95; order no. 0019, art. 8).[1][4]

Bid opening

Opening is in public session at the deadline, before a sworn court officer (a bailiff, for instance) and any candidates who wish to attend. The name of each bidder, the amount of each bid and variant, discounts and the presence or absence of a guarantee are read aloud. The report is signed by the whole commission and given to any participant who asks (art. 34, 106). In an open tender, the commission proceeds whatever the number of bids (art. 107).[1]

Evaluating bids

A tender selects the lowest evaluated compliant bid, without negotiation, on criteria known in advance and expressed in money terms. If the authority uses a single criterion, it is price. Criteria can include running costs, technical value, after-sales service, delivery time or payment schedule (art. 29, 111). The qualification of the lowest-evaluated bidder is checked independently of the content of its bid (art. 29).[1]
The evaluation commission reports within 5 calendar days of receiving the files and the opening report, and up to 14 days for complex contracts. An abnormally low bid may be rejected by reasoned decision, but only after the bidder has been invited to justify its price in writing. A variant is considered only if the dossier allows it (art. 109, 113; order no. 0019, art. 11).[1][4]

Preferences and SMEs

A preference may be given to the bid of a national or community firm, expressed as a percentage of the bid amount and capped at 15%. It may also apply to a firm offering products of national or community origin, or committing to subcontract to national firms. It can be claimed only if the tender dossier provides for it. An extra 5% preference goes to craft enterprises and artisans established in the UEMOA area. For contracts paid from own funds, the authority may reserve a percentage for national SMEs in its procurement plan (art. 112).[1]

Award

After control in advance, the authority informs the winner within 2 working days and, at the same time, the other candidates of the reasons for rejection, the contract amount and the winner's name; it publishes the report in a newspaper. It returns the guarantee to unsuccessful candidates. An unsuccessful bidder can obtain a copy of the award report within 7 calendar days of a written request (art. 37 to 39, 115; order no. 0019, art. 14).[1][4]
The contract is signed only after the appeal period: 5 working days without a prior appeal; at least 15 working days after notification if a prior appeal was filed, until the CRD decides if needed. It must then be approved within 7 working days of the approving authority receiving the file and within the bid's validity, then notified within 3 working days. A contract that is not approved is void. A final award notice is published within 15 days after entry into force (art. 115 to 119; order no. 0019, art. 15 to 19).[1][4]
The authority may declare the tender unsuccessful or not proceed, by reasoned decision, and informs all candidates (art. 40, 110). The winner may be asked to reconfirm its qualifications before signing (art. 116).[1]

Appeals

Prior appeal: any candidate who believes it was wrongly excluded sends a written appeal to the person responsible for the contract, with a copy to the CRD, within 5 working days after publication of the tender notice, communication of the dossier or notification of the decision to award or not. It is inadmissible unless it points to a clear breach of the rules. It may target the dossier, the award, publication, participation rules, the award method, the specifications, evaluation criteria or refusal of approval. It suspends the procedure until the authority decides (art. 185).[1]
Without a favourable decision within 5 working days, the applicant has 3 working days to go to the CRD, which rules within 7 working days of receiving the file, extendable if investigations are needed. The procedure is suspended meanwhile. The decision binds the parties. If the CRD finds a breach, the authority has 10 working days to prove it has fixed the irregularities. A further appeal to the Conseil d'État remains possible, without suspensive effect (art. 186 to 188).[1]
During execution, the contractor first seeks an amicable settlement from the person responsible for the contract, then can go to an ad hoc ARCOP conciliation committee, then to the courts. Disputes for contracts of the State, local authorities and public bodies go to the administrative courts; those of national companies and majority-public companies go to ordinary courts. OHADA arbitration is possible only if the specifications contain an arbitration clause (art. 190 to 192).[1]

Performance guarantee

The contractor provides a performance guarantee when the nature, amount or duration of the contract calls for it, except for intellectual services. The amount is set in the specifications and cannot exceed 5% of the base contract price, including amendments. If the winning bid looks abnormally low, the authority may require the guarantee to be raised to a level that covers its potential loss. It is released within one month after the warranty period starts, or at provisional acceptance if there is none (art. 147 to 149).[1]

Advance payment

An advance may be granted on request for preparatory operations. Total advances never exceed 30% of the initial contract amount and must be guaranteed for the full amount. Since the February 2026 decree, this guarantee can be a bond from an approved financial institution or be built on the contractor's claims on the Treasury (art. 167 as amended). Advances are recovered by deduction from instalments or the balance, at the pace set in the contract (art. 169).[1][2]
The guarantee in the form of Treasury claims goes through a request to the contracting authority, which refers it to the Finance Minister: the Budget Directorate has 24 hours, then the Treasury 48 hours, to review the file, freeze the funds and produce the pledge.[6]

Retention

When the contract has a warranty period, the authority withholds part of each payment, at most 5% of the amount, set in the specifications. The retention is fully built up when payments reach 80% of the contract. The contractor can replace it with an on-demand bank guarantee for the same amount, and the retention is returned at the end of the warranty period (art. 152).[1]

Payment

Instalments and the balance must be paid within 60 days at most, unless a longer time is set by order for the balance of certain categories. Local authorities may grant shorter times to SMEs based in their area. Late payment automatically entitles the contractor to default interest at a rate set by the Finance Minister, which cannot be below the BCEAO discount rate plus 1 point (art. 177, 178). Instalments are due for any contract with more than three months of execution (art. 170).[1]
Before any payment, the contractor registers the contract with the tax directorate (DGI) and the regulation fee is paid: until then, no advance or invoice is paid. From 5 million F CFA, the fee is paid to ARCOP (art. 166; order no. 0018, art. 10). A contract of more than 18 months must contain a price revision clause (art. 133).[1][3]
Claims arising from the contract can be pledged to an approved bank, using the single original copy marked 'Exemplaire unique aux fins de nantissement' (art. 181).[1]

Sanctions

Any bid or contract obtained, renewed or paid through the public-official faults described in articles 201 to 203 (a dossier tailored to one bidder, early disclosure of information, a bid altered after opening, for example) leads to rejection of the bid, cancellation or termination at the bidder's fault, seizure of guarantees and exclusion from public procurement for 6 months to 5 years (art. 211).[1]
Fine of 1,000,000 to 100,000,000 F CFA and suspension of 1 to 5 years for: undue payment or advantage, collusion between bidders, over-invoicing, false statements, forged documents, unauthorised contact with the commission during evaluation, refusal to pay the regulation fee, threats, breach of the ethics code, including appeals the CRD finds frivolous and abusive. An accomplice or knowing beneficiary of a public official's fault risks 1 to 100 million F CFA and a 6-month to 2-year ban (art. 212, 213).[1]
ARCOP keeps a 'red list' of sanctioned companies. When the page was checked, it showed that no company was listed.[17]

Traps to know about

Many online summaries still cite the 2016 code and the 2019 thresholds order (no. 0107/PM/ARMP), both repealed. Only the 2022 decree, its orders of 18 January 2023 and the February 2026 amendment count. Also avoid the old armp-niger.org site: when checked, it displayed content unrelated to public procurement. The regulator's site is arcop.ne.
Appeal windows are very short: 5 working days from publication of the notice or notification of the award, then 3 working days to go to the CRD if the authority has not satisfied you within the 5 working days after your appeal. Prepare a prior-appeal template in advance and do not let the deadline pass while waiting for a verbal answer.
The non-bankruptcy, CNSS (with the Labour Inspectorate) and tax compliance certificates must be less than three months old at the bid deadline. Request them when you collect the dossier, and bear in mind that those that may be provided only at contract stage (non-bankruptcy, CNSS, ARF, Chamber of Commerce) block signature if missing.
The certificate of non-exclusion from public procurement is issued by ARCOP. UEMOA firms must attach it when the dossier asks, and an equivalent document is required from foreign firms outside the UEMOA. Ask early: it depends on an administration, not on you.
No contract is paid until it is registered with the DGI and the regulation fee is settled. Do not count on the advance or the first invoice before completing both steps, and plan your cash flow accordingly.
Bids cannot be handed in 'on the spot' at the opening: the file must be delivered before the deadline. At opening, the presence of the bid guarantee is read aloud before a bailiff. Check that the guarantee comes from an institution approved by the Finance Ministry, otherwise it may be refused.
NGOs and non-profit associations cannot bid unless they are set up as an economic interest grouping. Public officials, elected officials and government members are also excluded, including through intermediaries.
Subcontracting is capped at 40% and requires prior written approval from the authority. A subcontractor cannot be paid directly without approval of its payment terms: otherwise it is you, the contractor, who advances the funds.
For a purchase below 10 million F CFA, the thresholds order sets no formal procedure: the buyer can use a purchase order or pay on invoice. Make yourself known directly to buyers in your sector, but note that splitting a need to stay under a threshold is prohibited.

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.

The price of the tender dossier and the regulation fee rate are set by decree no. 2016-642. It was read by title only: the amounts are not given here and it is not established that they are unchanged since the 2022 code. The tender dossier states the collection price.
The bid guarantee is set only as a range of 1% to 3%: no exemption threshold was found. The 'guarantee terms favourable to SMEs' announced in article 146 were not found in the published orders.
The exact national preference percentage is not set by any order read: the code caps it at 15% and each tender dossier fixes it.
Only one amendment to the code was found on ARCOP's site (decree of 11 February 2026, art. 167). No consolidated code is published: the 2022 Official Gazette text must be read with that amendment. The code does not state the UEMOA community advertising threshold amounts, set by the UEMOA Commission, which were not checked.
A draft decree on a specific regime for contracts of state companies and mixed-economy companies was adopted by the Council of Ministers on 18 May 2026, according to the communiqué reproduced by the press. It was not found published: it is unknown whether it is in force and what it changes for suppliers to these companies.
Orders no. 0020 and no. 0021 (commissions, signature and approval), the 2021 order on framework agreements and the one on procedure manuals for public bodies and state companies were read by title only. Ordinance no. 2024-05 on defence purchases was not read, only its implementing decrees.
No official SIGMAP page (the electronic procurement management system) could be consulted: it is not known whether electronic bid submission is already possible, or whether registration is free.
The details of how to get ARCOP's certificate of non-exclusion (time, cost) were not established.

Sources

Décret n° 2022-743/PRN/PM du 29 septembre 2022 portant Code des marchés publics et des délégations de service public (JO spécial n° 25 du 26 octobre 2022), copie publiée par l'ARCOP (ARCOP Niger, 2022-09-29)
Décret n° 2026-099/PRN/PM du 11 février 2026 modifiant et complétant le décret n° 2022-743/PRN/PM (art. 167 nouveau) (ARCOP Niger, 2026-02-11)
Arrêté n° 0018/PM/ARCOP du 18 janvier 2023 fixant les seuils dans le cadre de la passation des marchés publics (art. 2 à 14) (ARCOP Niger, 2023-01-18)
Arrêté n° 0019/PM/ARCOP du 18 janvier 2023 fixant les délais dans le cadre de la passation des marchés publics et des délégations de service public (art. 2 à 19) (ARCOP Niger, 2023-01-18)
Arrêté n° 0017/PM/ARCOP du 18 janvier 2023 portant liste des pièces à fournir par les soumissionnaires (art. 1 à 10) (ARCOP Niger, 2023-01-18)
Arrêté n° 0039/ME/F/SG du 18 février 2026 portant modalités de constitution et de mise en œuvre de garantie d'avance sous forme de créances détenues sur le Trésor public (ARCOP Niger (texte du ministère de l'Économie et des Finances), 2026-02-18)
Décret n° 2024-273/P/CNSP du 4 avril 2024 déterminant les modalités d'application de l'ordonnance n° 2024-05 du 23 février 2024 portant dérogation à la législation relative aux marchés publics (art. 1 à 4) (ARCOP Niger, 2024-04-04)
Décret n° 2026-100/PRN du 11 février 2026 modifiant et complétant le décret n° 2024-273/P/CNSP (art. 31 et 32 nouveaux) (ARCOP Niger, 2026-02-11)
Loi n° 2022-46 du 12 décembre 2022 portant création, statut, missions, organisation et fonctionnement de l'ARCOP (ARCOP Niger, 2022-12-12)
Loi n° 2011-37 du 28 octobre 2011 portant principes généraux, contrôle et régulation des marchés publics et des délégations de service public (ARCOP Niger, 2011-10-28)
Page Arrêtés du site de l'ARCOP : liste des textes (n° 0017 à 0021 de 2023, n° 0239 à 0241 de 2021, n° 0039 de 2026) (ARCOP Niger, 2026)
Page Décrets du site de l'ARCOP : liste des textes (décrets n° 2013-002, 2016-642, 2018-496, 2023-550, 2024-273, 2026-099, 2026-100) (ARCOP Niger, 2026)
Site de l'ARCOP Niger : accueil (services en ligne, liste rouge, attestation, documents) (ARCOP Niger)
Missions et attributions de l'ARCOP (ARCOP Niger)
Comité de règlement de différend (CRD) : présentation (ARCOP Niger)
Portail des Marchés Publics et des Délégations de Service Public du Niger (page d'accueil) (Portail marchespublics.ne)
Liste rouge des entreprises sanctionnées (ARCOP Niger)
Analyse critique du cadre normatif des seuils de passation de la commande publique au Niger (Le Sahel, 9 janvier 2026), tribune citant notamment le décret n° 2023-192/PRN/PM sur la DGCMP/OB (Le Sahel (Niamey), tribune, 2026-01-09)
La commande publique au cœur de la refondation : l'ARCOP Niger, sentinelle d'une souveraineté économique à reconstruire (Le Sahel, 4 juin 2026), tribune (Le Sahel (Niamey), tribune, 2026-06-04)
Communiqué du Conseil des ministres du lundi 18 mai 2026, reproduit par ActuNiger (ActuNiger (reprise du communiqué du gouvernement), 2026-05-18)

The public procurement rules in Niger