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.
Niger 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, 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 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, 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] |
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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