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.
Burkina Faso 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 (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 choice of procedure often depends on the estimated amount. The thresholds below set it when the national code applies. A funder or international body has its own.
| Buyer | Contract | Amount | Effect |
|---|---|---|---|
| All buyers | 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 |
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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