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.
Mali 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), with or without prequalification
This is the rule: any candidate not excluded may bid (art. 50). Any other mode must be exceptional, justified and authorised in advance by the DGMP-DSP (art. 48.2). For complex works or services, prequalification may come first (art. 51): all candidates meeting the criteria are admitted to bid.[6]
Minimum period: At least 30 calendar days after the notice is published for contracts above the national thresholds, and 45 days from the UEMOA community thresholds. Electronic sending of the notice and dossier allows a 7-day reduction (art. 66). In simple urgency authorised by the DGMP-DSP, the period may drop to 15 days (art. 67).[6]
For you: This is the procedure where your bid is decided on price, once compliant. Count on 30 days: that is the time to obtain tax clearance, bank statements and tax-office-stamped financial statements.
Restricted tender (AOR)
Only candidates picked by the buyer may reply. The goods, works or services must, because of their specialised nature, be available from only a limited number of providers. The choice must be reasoned and authorised in advance by the DGMP-DSP (art. 54). It also applies after a failed tender, where a consultation of at least three firms may replace a new tender (art. 74).[6]
Minimum period: Same periods as an open tender (art. 66). If fewer than three bids are received, the buyer opens a new period of at least 15 working days, after which the commission may open the bids whatever their number (art. 72).[6]
For you: You can only enter by invitation. To be invited, make yourself known: ask to be added to the buyer's supplier list and answer its expressions of interest.
Request for quotation (DC) and requests for information and prices (DRPR, DRPO)
For purchases by the State and national public establishments below the Code's thresholds (art. 9.2 and order, art. 22 to 24). DC: under 5 million F CFA, at least three candidates consulted in writing, on pro forma invoices, with no publicity or formal specifications. DRPR (restricted competition): from 5 million to under 25 million (works, supplies, ordinary services) or under 15 million (intellectual services), at least five firms asked. DRPO (open competition): from 25 million to under 100 million (works), under 80 million (supplies, ordinary services), from 15 to under 70 million (intellectual services), with a public notice.[6][10]
Minimum period: DRPO: at least 15 calendar days from publication of the notice; the commission proposes the award within 7 days of opening. DC and DRPR: no period set by the order.[10]
For you: This is the most accessible ground for a small firm. DC and DRPR go to firms the buyer already knows: keep your administrative file up to date and get on its supplier list.
Direct agreement (single-source contract)
Limited cases: patent, licence or exclusive right held by one provider; extreme urgency to replace a defaulting contractor; compelling urgency from unforeseeable events or force majeure; a provider imposed for technical or artistic reasons. A reasoned request and prior authorisation by the DGMP-DSP are required, otherwise the contract is void (art. 58 and 81.2). The contractor accepts price control during performance.[6]
For you: You cannot answer these by notice: the buyer picks its partner. If you hold an exclusive right (brand, patent, licence), tell the buyer in writing. If a contract is given to you this way, check the DGMP-DSP authorisation before you start work.
Expression of interest and shortlist (intellectual services)
For studies, technical assistance and consulting: the buyer publishes an expression of interest notice (mandatory for individual consultants), draws up a shortlist of prequalified candidates, then sends them a request for proposals (art. 55 and 56, order art. 16.2). Technical and financial proposals are in two sealed envelopes; the financial offer is opened only if the technical one qualifies.[6][10]
Minimum period: Reply to the expression of interest notice: 15 days from publication (order, art. 16.2).[10]
For you: The first step decides everything: if your expression of interest file (references, key staff CVs) does not put you on the shortlist, you will never see the request for proposals.
Two-stage tender
Reserved for very complex contracts or those awarded on performance criteria rather than detailed specifications. Bidders first submit technical proposals without prices, then final priced offers on a revised dossier. A reasoned request and prior DGMP-DSP authorisation are required (art. 52).[6]
For you: Rare and reserved for large projects. Keep your technical thinking ready: the first stage is a technical discussion with the buyer, without prices.
Framework agreement and call-off contract
For recurring needs of supplies or ordinary services whose quantities are not known in advance. A framework agreement is concluded for one year, renewable once, with one or several suppliers (art. 39 and 41).[6]
For you: Being selected guarantees no order: read the minimum and maximum quantities and the payment period for each purchase order.
Public service delegation (DSP): concession, lease
The authority delegates the running of a public service to a private or public operator. Selection is by open tender with prequalification, or in two stages, with prior DGMP-DSP opinion. Direct agreement is allowed only in extreme urgency found to ensure continuity of service, or if only one source can provide it (art. 86 to 89). Unsolicited offers are possible only for DSPs and public-private partnerships, with competition except in strict cases (art. 57 as amended in 2016).[6][9]
For you: Long-term contracts where the buyer looks at the operator's financial and technical guarantees. A small firm usually enters through a joint venture or as a subcontractor.
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, local authorities, administrative public establishments, agencies and other contracting authorities (excluding State companies) | Works | 100,000,000 F CFA (estimated value) | From this amount the Code applies: tender, published notice, dossier review and prior control by the DGMP-DSP.[6][7] |
| Same authorities | Supplies | 80,000,000 F CFA (supplies and ordinary services) | Same effect as for works. Some sites quote 60 million: that is not the figure in the 2015 decree.[6][7] |
| Same authorities | Services | 80,000,000 F CFA (ordinary services, together with supplies) | Ordinary services (cleaning, security, transport, maintenance) follow the supplies threshold.[6][7] |
| Same authorities | Consulting | 70,000,000 F CFA (intellectual services) | Studies, consulting, supervision: consultation on a shortlist above this amount.[6][7][10] |
| State companies, majority publicly owned companies, industrial and commercial public establishments | Works | 150,000,000 F CFA | Threshold at which the Code applies to these buyers.[6][7] |
| Same buyers | Supplies | 150,000,000 F CFA (supplies and ordinary services) | Threshold at which the Code applies to these buyers.[6][7] |
| Same buyers | Consulting | 80,000,000 F CFA (intellectual services) | Threshold at which the Code applies to these buyers.[6][7] |
| State and national public establishments, below the Code's thresholds | All | Under 5,000,000 F CFA | Request for quotation (DC): at least 3 candidates consulted in writing on pro forma invoices, no publicity.[10] |
| Same buyers | Works | DRPR: 5 to under 25 million; DRPO: 25 to under 100 million F CFA | Request for information and prices with restricted competition (at least 5 firms), then with open competition (public notice, 15 days).[10] |
| Same buyers | Supplies | DRPR: 5 to under 25 million; DRPO: 25 to under 80 million F CFA | Same mechanism as for works (supplies and ordinary services).[10] |
| Same buyers | Consulting | DRPR: 5 to under 15 million; DRPO: 15 to under 70 million F CFA | Same mechanism for intellectual services.[10] |
| State contracts funded from the budget and executed in the regions and Bamako District | All | Up to 500 million (works), 400 million (supplies and ordinary services), 200 million (intellectual services) F CFA | Prepared by decentralised services and awarded by the Regional or District Budget Directorate, not by the ministry in Bamako.[10] |
| Craft enterprises under the synthetic tax regime and registered with the Chamber of Trades | All | Up to 5,000,000 F CFA for State works and supplies contracts | Exempt from bid and performance guarantees. The text lists two ceilings for public establishments (1.5 million and 3 million): see the unconfirmed points.[11] |
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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