Public procurement regulation in Burkina Faso: texts, procedures, thresholds

The texts in force

Decree 2024-1748 is built on UEMOA directives n°04/2005 and n°05/2005 (UEMOA is the West African Economic and Monetary Union). A « community firm » is a company whose registered office is in a UEMOA member State (art. 2). It counts as a national bidder for reserved contracts and can receive a preference margin (art. 40, 119 and 120). Notices for contracts above the community publicity threshold are also published at UEMOA level, and their submission periods are longer (art. 62, 95).[2]unofficial source

Loi n°005-2024/ALT du 20 avril 2024 portant règlementation générale de la commande publique au Burkina Faso
Framework law: principles, control, creation of the ARCOP as an independent administrative authority, dispute resolution (appeal to the buyer, then to the ARCOP, then to the courts), offences and sanctions. It also covers public-private partnerships, whose award follows separate texts.[1]
Décret n°2024-1748/PRES/PM/MEF du 31 décembre 2024 portant procédures de passation, d'exécution et de règlement des marchés publics
The working text: thresholds, procedures, time limits, bonds, advances, payments, appeals, sanctions. It repeals decree n°2017-0049 (art. 229). Procedures whose notice was published before it came into force stay under the old regime, except for procedural rules (art. 228).[2]
Décret n°2024-1695/PRES/PM du 31 décembre 2024 portant attributions, organisation et fonctionnement de l'ARCOP
Sets the operation of the ARCOP and of its dispute settlement body (ORD). The Council of Ministers of 30 October 2024 announced that it removes interim relief (référé) in disputes and bars arguing that a competitor's bid is inadequate in an appeal. Full text not read.[7][8]
Décret n°2024-1600/PRES/PM/MEF du 18 décembre 2024 portant code d'éthique et de déontologie de la commande publique
Ethics rules for public and private actors in procurement. Cited in the preamble of decree 2024-1748. Text not read.[2]
Arrêtés du ministre chargé du budget pris en application du décret 2024-1748
The decree leaves to ministerial orders the form of the bid bond, the list of administrative documents, the prior-control threshold, how the commissions work and the take-over of defaulting works (mise en régie). The orders currently in force could not be confirmed.[2]
Status to confirm with the regulator.
Décret n°2017-0049/PRES/PM/MINEFID du 1er février 2017 (abrogé)
Former procedures decree, repealed by article 229 of decree 2024-1748. It now applies only to procedures launched before the new text came into force. Summaries quoting its thresholds are out of date.[2]
Partly amended by more recent texts.
Loi n°039-2016/AN du 2 décembre 2016 portant réglementation générale de la commande publique (remplacée)
Former framework law, replaced by law n°005-2024/ALT. Many web pages still cite it.[11][10]
Partly amended by more recent texts.
Directives n°04/2005/CM/UEMOA et n°05/2005/CM/UEMOA du 9 décembre 2005
Community framework: award procedures and control/regulation. Decree 2024-1748 refers to them in its preamble.[2]

The bodies

ARCOP (Autorité de régulation de la commande publique)
Independent regulator. It sets procurement policy, trains actors, keeps the list of defaulting firms, sanctions firms and public officials at fault, and settles disputes through its dispute settlement body. Created in 2007, it was re-established as an independent administrative authority by the 2024 law.[1][2][9]
ORD (Organe de règlement des différends de l'ARCOP)
Hears bidders' appeals against tender documents and the buyer's decisions. It rules within five working days and also imposes disciplinary sanctions (warning, exclusion, fines).[1][2]
DGCMEF (Direction générale du contrôle des marchés publics et des engagements financiers)
Ministry of Finance body that controls each buyer's procedures (prior opinions, contract visas, authorisation of exceptional procedures). It publishes the Quotidien des Marchés Publics and the procurement plans. Its decentralised offices follow ministries, regions and public bodies.[2][4]
Personne responsable de la commande publique (PRCP)
The buyer's representative for the whole award: annual plan, preparing the tender documents, publishing the notice, invitation letters, chairing the award commission. This is the person to send clarification requests to.[2]
Commission d'attribution des marchés (CAM) et sous-commission technique
The CAM opens bids in a public session and proposes the winner. A technical sub-commission of at least three members analyses the bids and writes the report. For small procedures (formal price quotation, consultation of consultants), a smaller committee replaces the CAM.[2][8]
Autorité d'approbation (ordonnateur du budget)
Approves the contract after the control body's opinion. It may refuse only for a flagrant breach of the rules, insufficient funds, expired bid validity or disappearance of the need, by a reasoned decision within seven days.[2]
Tribunal administratif et Conseil d'État
Courts that hear challenges to ORD decisions. The administrative tribunal rules at first and last instance, then an appeal on points of law lies to the Conseil d'État.[1]
Ministère des Infrastructures (agréments techniques du BTP)
According to the press, a 2024 reform created five approval classes for works (TH, TR1, TR2, TR3 and EC for studies and supervision) with an online application. The issuing authority is not named expressly in the article read.[12]
e-Dimaakia
Government application through which administrations buy State air tickets by putting travel agencies in competition. It matters mainly to travel agencies, since the decree excludes these purchases from its scope (art. 226).[6][2]
SECOP (Système électronique de délivrance des pièces administratives de la commande publique)
Official Ministry of Finance portal for electronic issuance of the administrative documents used in public procurement. The detail of which documents it issues could not be read.[5][4]

Where to find notices

Quotidien des Marchés Publics (« Revue des marchés publics »)
PDF bulletin from the DGCMEF, published every working day. It is the legal channel: tender, price-request and expression-of-interest notices, provisional results and postponement notices all appear there. The submission period runs from the first appearance in the revue, and an unpublished notice makes the procedure void (art. 62 and 96).
Open to read on the DGCMEF website, no registration seen.
Plans de passation des marchés (site de la DGCMEF)
Every buyer must publish its annual procurement plan and a general notice of its larger contracts by 31 March at the latest. The control body gathers them on its website (art. 60 and 61). This is the best way to prepare bids in advance.
SECOP (pièces administratives)
Portal for electronic issuance of administrative documents for public procurement.
Account creation (« S'inscrire ») on the portal.
e-Dimaakia
Government application for buying State air tickets through competition between travel agencies. The decree excludes these purchases from its scope (art. 226).
Agency account creation.
Bureau de l'autorité contractante (retrait du dossier et dépôt des offres)
The tender file is read or collected at the buyer's office, often against a non-refundable payment at the buyer's cash desk (30,000 to 50,000 F CFA in October 2026 notices). Bids go in a sealed envelope to the address in the notice before the deadline hour. Buyers decline responsibility for items that do not arrive by post.
Possible payment at the buyer's cash desk, sometimes free to read.

Who buys

Ministries, institutions and independent administrative authorities: A price request starts only at 20 million F CFA incl. tax, and open tender at 150 million for works and 100 million for supplies. Each ministry has its PRCP and CAM. Contracts funded by delegated credits in regions and provinces go through regional or provincial commissions chaired by the secretary general.[2]unofficial source
Local authorities (regions and communes): Lower thresholds than the State (price request from 10 million F CFA incl. tax for authorities without special status). They may give a 5% preference to firms established in their area when paying from their own resources. Restricted tendering or direct award is authorised by the council or a designated member, under a threshold set by council deliberation.[2]unofficial source
State public bodies: Same low thresholds as local authorities (formal quotations from 1 up to under 10 million F CFA incl. tax, price request from 10 million). Their own governing board sets the threshold for restricted tendering and direct award.[2]unofficial source
State companies: Higher tender thresholds (200 million for works, 150 million for supplies and ordinary services). Their award commission has at least three members. Majority publicly owned companies also fall within the decree (art. 1), but the text read does not say which threshold line applies to them.[2]unofficial source
Projects and programmes with external funding: When the funder reviews the file in advance and pays more than the State, the DGCMEF's prior opinion is not required. The funder's rules can also set aside some national rules (national preference, approvals). The project coordinator may approve contracts under 300 million (works), 200 million (supplies and ordinary services) and 150 million (intellectual services).[2]unofficial source

The procedures

Open tender (appel d'offres ouvert, AOO), direct, two-stage or preceded by prequalification

The default procedure for works, supplies and ordinary services (art. 63). It is mandatory from 150 million F CFA incl. tax for works and 100 million for supplies and ordinary services (200 and 150 million for State companies). Any bidder not excluded may bid. The contract goes, without negotiation, to the lowest evaluated compliant bid. The two-stage variant and prequalification are for complex or highly technical contracts. An accelerated variant (« appel d'offres ouvert accéléré ») exists for justified urgency.[2]unofficial source

Minimum period: At least 30 days from the first appearance of the notice to bid submission (45 days if the amount reaches the UEMOA community threshold, 60 for an architectural contest), 7 days less if the notice and file are sent electronically in the UEMOA format. For justified urgency authorised by the budget authority, the period may drop to between 7 and 15 days (30 days above the community threshold). Art. 95 to 97.[2]unofficial source

For you: Thirty days go fast when you must gather the bid bond, tax and social certificates and references. Prepare these documents before the notice appears, by reading the buyer's procurement plan.

Restricted tender (restricted consultation for intellectual services)

Exceptional procedure, reasoned and authorised in advance (minister or head of institution after the DGCMEF's opinion, or the governing body for local authorities and public bodies). Listed cases: specialised goods or services from few suppliers, locally produced or craft goods. At least three candidates are invited (two if the field has no more). Art. 78.[2]unofficial source

For you: You enter only by invitation, based on your technical references. To be invited, make yourself known to buyers in your field and keep your references current. Firms on the defaulting-firms list are excluded.

Price request (demande de prix, DP) and quotation request (demande de cotations, formal or informal)

A price request is an accelerated competition, published in the revue, for amounts between the quotation threshold and the tender threshold (from 20 million to under 150 million for ministry works, from 10 million for a local authority or public body). A quotation request goes to at least three suppliers from the buyer's supplier database, by rotation: formal from 1 million up to 10 or 20 million F CFA incl. tax, informal below 1 million. Art. 6, 75 to 77.[2]unofficial source

Minimum period: Price request: at least 10 days from publication of the notice. Formal quotation request: at least 3 days from receipt of the invitation letter. Art. 75 and 76.[2]unofficial source

For you: This is the most realistic way in for a small firm, but these contracts are often reserved for Burkinabè and UEMOA firms (art. 40). To receive quotation requests you must be in the buyer's supplier database, where you can register for at most three fields. A buyer may in principle consult the same firm only once a year.

Direct agreement (entente directe)

Exceptional procedure: extreme urgency, natural disaster, patent or exclusive rights, a supplier imposed for technical or artistic reasons, regulated prices, vehicles up to 250 million F CFA incl. tax, and specific services set by ministerial order. Authorised by the minister below 500 million, by the Council of Ministers from 500 million for central government, after the DGCMEF's opinion. Art. 79 to 81.[2]unofficial source

For you: The supplier accepts price control and must provide its accounts. Defaulting firms are excluded. There is no public notice: only buyers you approach directly will lead you there.

Expression of interest, request for proposals, light request for proposals, consultation of consultants

For intellectual services (studies, advice, supervision). From 60 million F CFA incl. tax: request for proposals preceded by an expression-of-interest notice, with a shortlist of at most six consultants. From 10 or 20 million to under 60 million: light request for proposals, three shortlisted consultants. Below 10 or 20 million: consultation of at least three consultants. Individual consultants are recruited by expression-of-interest notice whatever the amount, and firms and individuals are never put in competition. Art. 6, 68 to 74.[2]unofficial source

Minimum period: Expressions of interest (light request for proposals and individual consultants): at least 10 days from the notice. Proposals after shortlisting (light request for proposals): at least 10 days. Consultation of consultants: at least 5 days after the invitation letter. Art. 71, 73 and 74.[2]unofficial source

For you: Everything rides on the expression of interest: letter, similar references, valid technical approval. There is no bid bond for intellectual services, and technical proposals are scored before prices are opened. Consultants who prepared the tender file may not bid.

Two-stage open tender (appel d'offres en deux étapes)

For a very complex contract, or when the buyer selects on performance criteria rather than detailed specifications. First technical proposals without prices, then final bids with prices from qualified bidders. The buyer must justify the choice and obtain the DGCMEF's authorisation. Art. 66.[2]unofficial source

For you: The first stage is submitted without prices. Keep your price for the second stage.

Framework agreement (accord-cadre), call-off contract (marché à commandes), customer contract (marché de clientèle)

A framework agreement (up to four years) can have one or several holders, at least three in the latter case, and each need is awarded as a competed follow-on contract. A call-off contract covers current needs whose exact quantity is unknown (one year renewable once, with a minimum and a maximum). A customer contract covers ordinary services (one year renewable twice). Art. 139 to 144.[2]unofficial source

For you: In a call-off contract the buyer commits only to the minimum, but your performance bond is calculated on the maximum. An unbalanced bid is rejected there, so you cannot inflate some prices and undercut others.

Competitive dialogue

Reserved for complex and innovative contracts, when the buyer cannot define the technical specifications or the legal and financial set-up alone. Prior authorisation by the DGCMEF. Two to six candidates admitted, three phases, final bids with at least 30 days. Art. 163.[2]unofficial source

For you: Rare in practice. Your solution stays confidential: the buyer may not reveal it to other candidates without your consent.

Public-private partnership (PPP)

The 2024 law covers control and regulation of PPPs, but their award and execution follow specific texts (art. 2). Decree 2024-1748 deals only with public contracts. The PPP-specific rules were not read.[1]

For you: If a notice mentions a PPP or concession, do not rely on the thresholds and periods above. Ask the buyer for the rules before committing.

The thresholds

Buyer	Contract	Amount	Effect
All buyers	All	Under 1,000,000 F CFA incl. tax	Informal quotation request: the buyer consults at least three qualified suppliers and picks the cheapest, on a pro forma invoice. Applies to works, supplies and ordinary services.[2]unofficial source
State public bodies and local authorities without special status	All	From 1,000,000 to under 10,000,000 F CFA incl. tax	Formal quotation request (at least three suppliers from the supplier database). Applies to works, supplies and ordinary services.[2]unofficial source
Other buyers (ministries, institutions, State companies, etc.)	All	From 1,000,000 to under 20,000,000 F CFA incl. tax	Formal quotation request. Applies to works, supplies and ordinary services.[2]unofficial source
State public bodies and local authorities without special status	Works	From 10,000,000 to under 150,000,000 F CFA incl. tax	Price request.[2]unofficial source
Ministries, institutions, independent administrative authorities, local authorities with special status, other public bodies (excluding State companies)	Works	From 20,000,000 to under 150,000,000 F CFA incl. tax	Price request.[2]unofficial source
State companies	Works	From 20,000,000 to under 200,000,000 F CFA incl. tax	Price request.[2]unofficial source
State public bodies and local authorities without special status	Supplies	From 10,000,000 to under 100,000,000 F CFA incl. tax (supplies and ordinary services)	Price request.[2]unofficial source
Ministries, institutions, independent administrative authorities, local authorities with special status, other public bodies (excluding State companies)	Supplies	From 20,000,000 to under 100,000,000 F CFA incl. tax (supplies and ordinary services)	Price request.[2]unofficial source
State companies	Supplies	From 20,000,000 to under 150,000,000 F CFA incl. tax (supplies and ordinary services)	Price request.[2]unofficial source
Ministries, institutions, independent authorities, State public bodies, local authorities and other public bodies (excluding State companies)	Works	150,000,000 F CFA incl. tax and above	Tender mandatory.[2]unofficial source
State companies	Works	200,000,000 F CFA incl. tax and above	Tender mandatory.[2]unofficial source
Ministries, institutions, independent authorities, State public bodies, local authorities and other public bodies (excluding State companies)	Supplies	100,000,000 F CFA incl. tax and above (supplies and ordinary services)	Tender mandatory.[2]unofficial source
State companies	Supplies	150,000,000 F CFA incl. tax and above (supplies and ordinary services)	Tender mandatory.[2]unofficial source
State public bodies and local authorities without special status	Consulting	Under 10,000,000 F CFA incl. tax	Consultation of consultants (at least three consultants invited).[2]unofficial source
Other buyers	Consulting	Under 20,000,000 F CFA incl. tax	Consultation of consultants.[2]unofficial source
All buyers	Consulting	From the consultation threshold (10 or 20 million) to under 60,000,000 F CFA incl. tax	Light request for proposals.[2]unofficial source
All buyers	Consulting	60,000,000 F CFA incl. tax and above	Full request for proposals, with an expression-of-interest notice.[2]unofficial source
Central government	All	Direct agreement: under 500,000,000 F CFA incl. tax	Authorised by the minister or head of institution after the DGCMEF's opinion. From 500 million, prior authorisation by the Council of Ministers.[2]unofficial source

The administrative documents

Trade register extract (RCCM)
Almost always asked for
Greffe du Tribunal de Commerce / CEFORE
The RCCM is issued by the registry of the commercial court for the registered office, or through the CEFORE business-formalities centre at incorporation. Registration is permanent, but tender files usually ask for a recent extract. Check with the registry for an up-to-date extract.
Detailed guide
Unique financial identifier (IFU)
Almost always asked for
Direction générale des impôts (DGI)
The IFU is assigned by the DGI at tax registration; the IFU certificate can generally be downloaded from the eSINTAX platform or obtained from the tax office. It is requested in every administrative file. Check that the company name matches the RCCM.
Official site
Tax status certificate (ASF)
Almost always asked for
Direction générale des impôts (DGI)
The ASF certifies that the company is current on its tax obligations. It is generally requested online on eSINTAX from the company account, once all returns are filed and due taxes paid. Check the validity period stated on the certificate.
Usual validity: 3 monthsOfficial site Detailed guide
CNSS contribution status certificate
Almost always asked for
Caisse Nationale de Sécurité Sociale (CNSS)
It certifies that the company is registered and current on its social-security contributions. Apply at your regional CNSS office or through the CNSS online services where available. Settle any overdue contributions before applying.
Usual validity: 3 monthsOfficial site
Non-bankruptcy / non-liquidation 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 receivership or liquidation proceedings are ongoing. Tender files usually require a recent certificate: check the requested age.
Usual validity: 3 monthsDetailed guide
State Judicial Agency (AJE) clearance
Almost always asked for
Agence Judiciaire de l'État (AJE)
It certifies that the company has no ongoing dispute with the State. Apply to the State Judicial Agency, generally on presentation of the RCCM and the IFU. Check with the AJE for the current procedure and the validity period stated on the certificate.
Usual validity: 3 months
Technical approval
Often asked for
Ministère de tutelle du secteur
Some contracts, works in particular, require a technical approval issued by the supervising ministry, by category. The application is a technical file (staff, equipment, references). Check the required category in the tender file before assembling it.
Detailed guide

Who can bid

Any person or company that shows legal, technical and financial capacity may apply. To be awarded the contract, the bidder must be up to date with tax, social security and similar obligations in its country of establishment (art. 39). Excluded are firms in bankruptcy, liquidation or cessation of activity, firms convicted of breaching procurement rules or excluded by a final court decision or by the ARCOP, firms in which the buyer's procurement officer or budget authority holds interests, and consultants who prepared the tender file (art. 41 and 42). These exclusions also apply to subcontractors.[2]unofficial source
For contracts below the UEMOA community threshold paid from the resources of the State or its bodies, participation is reserved for Burkinabè and community (UEMOA) firms in good standing. Exceptionally, a non-UEMOA firm may be admitted if it teams up with a community firm, with a technology transfer (art. 40).[2]unofficial source
If an approval or authorisation exists in the field, the buyer must require it unless the funding agreement says otherwise. The issuing authority has three months to answer. If the administration overruns that time, the applicant may keep using its old approval until a written reply. Renewal must be requested 90 days before expiry. Firms without a fixed establishment in Burkina Faso cannot be required to hold a Burkinabè approval: they are assessed under the law of their own country (art. 43 and 44).[2]unofficial source
For works, the press reports a 2024 reform that set five technical approval classes: TH (manual works), TR1 (light mechanised), TR2 (heavy mechanised), TR3 (bituminous roads) and EC (studies and supervision), with an online application platform (dsat.gov.bf). The limits of each class and the validity period were not found.[12]unofficial source
Similar-experience requirements cannot be imposed when the estimated amount is below 300 million F CFA. Firms less than three years old may prove technical performance through the experience of their senior staff. Buyers may not set requirements meant to shut out SMEs (art. 44 and 46). Possible financial evidence: bank statements, balance sheets, turnover for up to the last three years.[2]unofficial source
In results published in October 2026, bids were set aside for missing the social contribution certificate, the certificate of eligibility to bid for public contracts or the tax status certificate, or because it was not conclusive. An expired technical approval also removed a design office from ranking.[3]

Joint ventures and subcontracting

Firms may bid as a joint and several group for a single contract, unless the aim or effect is anti-competitive collusion (the bid is then set aside). A lead member named in the group agreement or letter of intent represents all members and signs the contract. Members are jointly liable for performance. A firm cannot submit one bid alone and another in a group for the same contract (art. 47 and 48).[2]unofficial source
A prequalified candidate may add new partners before submission, provided they meet the participation conditions. However, two prequalified candidates cannot team up, and group members cannot be replaced between prequalification and submission. Subcontracting is capped at 40% of contract value, excludes structural works and is forbidden for supply deliveries (art. 48 to 50).[2]unofficial source

Bid security

A bid bond is required when the nature of the work justifies it. The amount, set by the buyer in the tender file, is between 1% and 3% of the estimated contract amount. It can be an independent guarantee, a surety from a bank, an approved microfinance institution, an insurer or a financial institution, or a simple guarantee declaration. It is returned to unsuccessful bidders once the winner has provided its final bond, or when bid validity expires. None is required for intellectual services (art. 100 and 124).[2]unofficial source
A bid without the required bond is set aside at the preliminary check (art. 109). A bidder that breaks its commitments under a guarantee declaration is reported to the ARCOP, which can sanction it (art. 213 and 215). In the October 2026 results, bids were set aside for « bid bond not provided ».[2][3]

Submitting bids

Bids are delivered by post, by hand, or electronically if the buyer chooses. They include a submission letter signed by the bidder or its authorised representative. For works, supplies and ordinary services, the bid goes in a single envelope containing the application, technical offer and financial offer. For intellectual services, one envelope contains two envelopes, technical and financial (art. 98, 99, 101 and 124).[2]unofficial source
The submission deadline and the opening of bids coincide. Questions to the buyer go in writing at least 14 days before the deadline, and it replies within 7 days, copying the reply to every firm that bought the file. A postponement of the deadline must be announced at least 10 days earlier (15 days above the community threshold, 5 days for a price request). Any change to the tender file must reach candidates 10 days before the deadline (5 for price requests) (art. 83 and 96).[2]unofficial source
Each candidate must make sure every document in its bid is genuine: supporting documents, guarantees, administrative papers, staff, equipment, references and financial capacity. A non-genuine document leads to rejection of the bid, without prejudice to sanctions. Submitting several bids for the same contract, alone or in a group, is forbidden (art. 48 and 102).[2]unofficial source

Bid opening

The opening session is public, at the place, date and time given in the tender file, immediately after the submission deadline. Bidders or their representatives may attend. If the day is a public holiday, submission and opening move to the next working day at the same time. The commission first notes late bids, then reads aloud prices, discounts, periods and validity, checks the documents are present and initials the originals. A copy of the minutes is given to bidders on request (art. 103 and 104).[2]unofficial source
For intellectual services, opening is in two steps: technical proposals first, then, after the technical results are published, a public opening of the financial proposals of qualified candidates only. The other financial proposals are returned unopened (art. 124 to 127).[2]unofficial source

Evaluating bids

A technical sub-commission analyses bids using only the criteria in the tender file. It first checks signature, bond and administrative documents, then technical compliance, then computes the corrected price. The amount read at opening is the basis for comparison. Arithmetic errors are corrected: if the corrected price exceeds the one in the submission letter, the letter prevails and the bidder must conform, otherwise the next bidder is considered. The winning bid is the lowest evaluated compliant one, without negotiation, after the bidder's qualifications are checked (art. 106 to 113).[2]unofficial source
A missing or invalid administrative document is not an immediate ground for rejection: the bidder is invited to supply it within a period compatible with the commission's work. But before award, a document still missing or invalid eliminates the bid. The DGCMEF checks the validity of the winner's certificates before results are published (art. 109).[2]unofficial source
A bid is abnormally low if it is more than 15% below a weighted average of the buyer's estimate and the average of compliant bids. Bids within a 5% margin below that threshold must confirm their price in writing or be rejected, and face a higher performance bond. Below the tolerance margin the bid is rejected. The formula does not apply to intellectual services (art. 115).[2]unofficial source
For intellectual services, technical proposals are scored on experience, methodology, key staff quality, knowledge transfer, the share of nationals among key staff and the treatment of social and environmental issues. Below the minimum technical score, a proposal is rejected. The method (quality and cost, fixed budget, least cost, quality only) is stated in the file. The selected consultant negotiates, but not on unit fee rates (art. 70, 125 to 130).[2]unofficial source

Preferences and SMEs

SME set-asides: each buyer reserves every year at least 15% of the planned value of its contracts for SMEs (at least 5% for micro-enterprises, 5% for small, 5% for medium), and at least 5% more for Burkinabè firms led by women or more than 50% owned by young Burkinabè or people with disabilities. The notice says which contracts or lots are reserved for one of these groups (art. 57). The SME definition refers to separate regulations.[2]unofficial source
Preference margins (if the tender file provides them and the funding agreement does not forbid them), stated as a percentage of the bid amount and cumulative: up to 10% for community firms on works (art. 119); up to 15% for goods made in the UEMOA with at least 20% community added value (art. 120); 5% for firms established in the area of a local authority paying from its own resources (art. 121); 5% for Burkinabè or community SMEs and craftspeople (art. 122); up to 5% if at least 30% of a local authority contract is subcontracted to a Burkinabè SME or craftsperson (art. 123).[2]unofficial source
Each buyer must add economic, social or environmental requirements beyond the legal minimum in at least 25% of its contracts, and further social or environmental requirements (labour-intensive methods, minimum wage, recycled goods, etc.) in contracts worth at least 5% of planned value (art. 55 and 58).[2]unofficial source

Award

The CAM deliberates on the technical sub-commission's report and draws up minutes signed on the spot. Provisional results are published in the revue des marchés publics and on the DGCMEF website: subject, funding, each bidder's name and price, grounds for rejection, evaluated amounts, winner, amount and period. Unsuccessful bidders are informed by this publication. On written request, the buyer sends in writing within 2 working days the grounds for rejection, the awarded amount, the winner's name and a copy of the minutes (art. 132 and 133).[2]unofficial source
The buyer must wait at least 7 working days after publication of results before signing and approving the contract. Approval can be refused only for a flagrant breach of the rules, missing or insufficient funds, expired bid validity or disappearance of the need, by a reasoned decision within 7 days. The contract is notified to the holder within 3 working days after approval and takes effect only on that notification. Nothing starts before the order of service (art. 133, 135, 137 and 164).[2]unofficial source
If no bid is received or none is compliant, the tender is declared unsuccessful. A new tender is launched on a revised file, then, if the second one fails, the buyer may consult at least three candidates with the budget authority's approval and the DGCMEF's opinion. A single bid does not invalidate the tender if the notice was properly published. The buyer may reject all bids if there was no real competition, if they are non-compliant or if they exceed the budget (art. 118 and 131). In a restricted tender, fewer than three bids or fewer than three compliant bids makes the procedure unsuccessful (art. 105).[2]unofficial source
An architectural contest is mandatory when the budget of a public construction project reaches 2 billion F CFA, unless a standard design exists. Candidates file three envelopes (design, price, application) anonymously. Designs costing more than 10% above the estimate are eliminated. The three best designs receive a prize and the first is selected (art. 145 to 156).[2]unofficial source

Appeals

An appeal must be filed within 3 working days from publication of the tender notice or of the CAM results, receipt of the invitation letter, or notification of the contested decision. This period applies to an appeal to the buyer (optional) and to a direct appeal to the ARCOP's dispute settlement body (ORD). Appeal time limits are « délais francs », meaning the starting day and the last day are not counted (art. 38 and 216 of the decree; art. 41 to 44 of the law).[2][1]
If you go to the buyer first, it must answer within 3 working days. If its answer disappoints you or it stays silent, you have 2 working days to bring the case to the ORD. The ORD notifies its decision within 5 working days of being seized. If it overruns this time, the tender file or the contested results are deemed confirmed (art. 38).[2]unofficial source
Against an ORD decision in a tender dispute or a disciplinary matter, an appeal lies to the competent administrative tribunal within 10 days of the ruling (or of notification if it was made in default). The tribunal rules at first and last instance in 30 days, then an appeal on points of law to the Conseil d'État must be filed within 10 days and is decided in 30 days. The appeal is not suspensive, and ORD decisions in the award phase cannot be challenged by suspension-type interim relief (art. 48 to 50 of the law).[1]
During performance of the contract, disputes also go to the ORD, which records full conciliation, partial conciliation or failure in minutes. After failure or partial conciliation, the administrative tribunal must be seized within 10 days of notification of the minutes, or the claim is inadmissible. OHADA arbitration is available between the parties (art. 45, 51 and 56 of the law).[1]

Performance guarantee

Every holder of a works, supplies or ordinary services contract provides a performance bond, except for intellectual services. It cannot exceed 5% of the base contract price (including amendments). It is unconditional, irrevocable and payable on first demand, issued by an approved bank, insurer, financial institution or microfinance institution. It is set up before the order to start work and released within one month after the warranty period begins, or at provisional acceptance if there is no warranty period (art. 169).[2]unofficial source
Important exception: if your bid is abnormally low but within the 5% tolerance margin, or if it is unbalanced, the buyer may award you the contract with a performance bond raised to 30% to 40% of the base price. The rate is fixed in advance in the tender file (art. 115 and 116).[2]unofficial source

Advance payment

A start-up advance may be granted, defined in the tender file. Caps: 30% of the initial contract amount for works, 20% for supplies, equipment, ordinary services and intellectual services. It must be covered 100% by a repayment guarantee from an approved bank, insurer, financial institution or microfinance institution. It is paid after the contract is signed, within 45 days of acceptance of the request (art. 197, 171 and 204).[2]unofficial source
No advance for contracts below 20 million F CFA, except for SMEs whose turnover excluding tax is below 50 million F CFA, which are entitled to one whatever the amount. The advance is repaid by deduction from progress payments, from 30% completion up to 80% (art. 197 and 198).[2]unofficial source

Retention

When the contract has a warranty period, the performance bond is released only once a retention or a completion guarantee of at most 5% of the contract amount (including amendments) is in place. The retention may also be withheld from payments, up to 5% of the sums paid, as set by the specifications. It is refunded, or the guarantee returned, at final acceptance (art. 170).[2]unofficial source

Payment

Contracts are paid through advances, progress payments and a final balance. Progress payments are due for contracts with an execution period of at least 3 months, on proof of work done or goods delivered. The buyer pays advances within 45 days of accepting the request, progress payments within 60 days of accepting the invoice and the balance within 90 days of accepting the invoice. If late, default interest is due, at the BCEAO (West African central bank) legal rate plus one point, on the holder's request. Approved subcontractors may be paid directly (art. 199, 204 to 206).[2]unofficial source
Every contract must provide for late-delivery penalties, applied without prior notice. They range from 1/5000 to 1/2000 of the amount excluding tax per calendar day for works, and from 1/2000 to 1/1000 for supplies, ordinary services and intellectual services, capped at 5% of the amount excluding tax. At the cap the buyer may terminate. The holder may terminate if non-payment makes performance impossible and a request stays unanswered for at least 3 months. The holder may assign its claim to a bank or pledge the contract (art. 178, 191 and 207).[2]unofficial source
An intellectual-services report is deemed validated if the buyer does not validate it within 30 days of receipt. Contracts of 18 months or more include a price revision clause. For fixed-price contracts, the holder may request updating if the bid validity period has expired without an order of service or if circumstances upset the economic balance of the contract (art. 183 and 185; report validation: acceptance section).[2]unofficial source

Sanctions

Bidders, awardees and contract holders face, on the ORD's decision, a warning, temporary exclusion of 1 to 5 years or permanent exclusion from public procurement, doubled for a repeat offence within 12 months. Covered in particular: price collusion, over-invoicing, offering an undue advantage, false statements, performance failures, anti-competitive agreements and breaches of workers' rights. A person under exclusion cannot take part in any capacity, even as a representative of another firm (art. 209).[2]unofficial source
The ORD may also impose a fine of 1% to 2% of the bid or contract amount (5% for a repeat offence within 12 months). The ARCOP publishes the list of defaulting firms: those that, in the last 10 years for works and the last 3 years for other contracts, performed badly or late, or whose contract was terminated at their sole fault. They are barred from quotation requests, consultations, restricted tenders and direct agreements, and a buyer may reject their bids for 3 years after termination for default (art. 2, 193 and 213).[2]unofficial source
The law also sets criminal penalties: corruption (for whoever offers a benefit to a public official: 2 to 5 years in prison, a fine of twice the promised benefits and a ban on bidding for 2 to 5 years; for the public official who receives it: 2 to 5 years and a fine of three times the benefit), fraud (6 months to 1 year and 1 to 10 million F CFA), collusion (2 months to 1 year and 1 to 5 million F CFA), splitting of contracts (6 months to 1 year and 1 to 10 million F CFA) (art. 60).[1]

Traps to know about

Many web pages still quote the thresholds of the old regime (the 2017 decree and its amendments). Under decree 2024-1748, thresholds depend on the buyer: open tender starts at 150 million F CFA incl. tax for works and 100 million for supplies and ordinary services, and a price request at 10 or 20 million depending on the buyer (art. 6). Always read the notice itself.
An appeal runs for three working days from publication of the results in the Quotidien, not from the day you read them, and it suspends nothing. Once you have bid, open the Quotidien every working day to catch your results, and prepare your appeal text in advance.
Certificates (tax status, social contribution status, eligibility to bid for public contracts) must be valid at award. A missing paper at submission is not fatal, since the commission gives you time, but if it is missing or expired at award your bid falls, even if you are the cheapest. Check each certificate's expiry date before submitting, and renew them as they near expiry.
Price and quotation requests are often reserved for Burkinabè (or UEMOA) firms and require an approval. An expired approval is enough to knock a bidder out. Request renewal 90 days before expiry, because the administration has up to three months to answer.
Bidding too low to win can backfire: more than 15% below the weighted average, the bid is abnormally low. Within the 5% margin, you must confirm your price in writing and provide a performance bond of 30% to 40% of the contract. Below that margin you are rejected. Work out this bond before cutting your price.
The tender file is often collected at the buyer's cash desk, and several notices state that the buyer is not responsible for a file or bid that fails to arrive by post. Send an authorised person to collect the file and hand in the bid, and keep the receipt. Opening happens right after the deadline, and a late envelope is simply noted in the minutes.
The price that counts is the one in the submission letter, read aloud at opening. If your price schedule gives a different total, the letter prevails when your corrected total is higher, and you must align your estimate or the buyer moves to the next bidder. Check that the letter and schedules match before sealing the envelope.
A guarantee declaration replaces the bank guarantee in many notices, but it binds you: if you fail your commitments, the buyer reports it to the ARCOP, which may exclude you or fine you 1% to 2%. Do not sign a declaration you do not intend to honour, and do not withdraw your bid after opening.
A firm from outside the UEMOA cannot bid alone for State-funded contracts below the community threshold. If you are a foreign firm, find a UEMOA partner before the notice appears, and plan to document a technology transfer.
Subcontracting is forbidden for supplying goods and capped at 40% elsewhere, excluding structural works. Do not rely on a reseller to deliver a supply contract for you: bring them into a joint venture from the bid stage.

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 ARCOP website (arcop.bf) showed a maintenance page on 2 November 2026. Decree 2024-1748 was therefore read in a complete copy uploaded by a third party on Scribd, not on the official site, and a few article numbers (advances, acceptance) are inconsistent in it. The amounts and periods given here come from that copy and from the law read on the National Assembly site. Confirm them in the Journal officiel before committing.
The exact date of publication in the Journal officiel and entry into force of decree 2024-1748 was not established from an official source. Procedures launched before that date remain under the old 2017 decree (art. 228).
The amount of the UEMOA community threshold (which triggers community publicity and the 45-day period) was not found in a citable source. The decree refers to it without giving a figure.
The budget minister's orders could not be read: exact form of the bid bond, the current list of administrative documents, the DGCMEF's prior-control threshold, rules on mise en régie. The 2017 to 2019 orders still listed on the DGCMEF site may have been replaced.
Decree 2024-1695 on the ARCOP and its ORD was not read. The Council of Ministers of 30 October 2024 announced that it lengthens the filing and processing periods and removes interim relief. The appeal periods given here (3 days, 3 days, 2 days, 5 days) come from article 38 of decree 2024-1748 and were not cross-checked against that text. Verify them in the tender file.
The definition of an SME (which opens access to set-asides, the 5% preference and the start-up advance) refers to a « regulation in force » that was not found. The « local authorities with special status » are not named in the decree either.
Approvals: only the five BTP approval classes (from a 2024 press article) and the decree's general principle are established. Conditions, validity, fees and the approvals of other sectors (IT, supplies, studies) were not confirmed. October 2026 notices mention a « type D5 approval » for supplies and a « user approval », without the text creating them being found.
The standard tender documents (DAO) and the official list of expected administrative documents were not found. Bid validity and the exact bid bond amount are set in each file (October 2026 notices show 60 to 70 days of validity).
No national portal for submitting a bid online was found: the decree allows electronic submission at the buyer's choice, and the DGCMEF presents eBurkindi as software for digitised procurement management, without its role for bidders being established.

Sources

Loi n°005-2024/ALT du 20 avril 2024 portant règlementation générale de la commande publique au Burkina Faso (PDF scanné, art. 2, 16, 17, 41 à 57, 59 à 61) (Assemblée législative de transition du Burkina Faso, 2024-04-20)
Décret n°2024-1748/PRES/PM/MEF du 31 décembre 2024 portant procédures de passation, d'exécution et de règlement des marchés publics (copie intégrale hébergée sur Scribd, le site de l'ARCOP étant en maintenance) (Gouvernement du Burkina Faso (copie hébergée par un tiers), 2024-12-31)
Quotidien des marchés publics n°4514 du 21 octobre 2026 (résultats provisoires et avis de demande de prix) (DGCMEF, ministère de l'Économie et des Finances, 2026-10-21)
Site de la DGCMEF : quotidiens, plans de passation, textes, eBurkindi (DGCMEF, ministère de l'Économie et des Finances)
SECOP : système électronique de délivrance des pièces administratives de la commande publique (Ministère de l'Économie et des Finances)
e-Dimaakia : gestion des billets d'avion de l'État (Gouvernement du Burkina Faso (MTDPCE))
Conseil des ministres n°035 du 30 octobre 2024 (décret sur l'ARCOP, ORD, référé) (Radiodiffusion Télévision du Burkina, 2024-10-30)
Manuel de procédures du projet REPAIR (liste des textes applicables, dont les décrets 2024-1695 et 2024-1600) (Banque mondiale (document de projet, source secondaire))
Commande publique : les nouvelles réformes expliquées aux médias (L'Économiste du Faso (presse), 2025-10-14)
Commande publique au Burkina Faso : une loi plus conforme aux standards internationaux adoptée (remplace la loi 039-2016) (Sidwaya (presse), 2024-04-21)
Loi n°039-2016/AN portant réglementation générale de la commande publique (texte ancien, copie de l'Académie de police) (Assemblée nationale du Burkina Faso (copie hébergée), 2016-12-02)
Infrastructures : de nouveaux textes et une plateforme en ligne pour les agréments techniques dans le BTP (Faso7 (presse), 2024-10-17)

The public procurement rules in Burkina Faso