Procurement Law
The legal framework governing public procurement and contract awards
The Procurement Reform Act
The Procurement Reform Act establishes the legal basis for the regulation of all public procurement activities within the jurisdiction. This Act creates the Public Procurement Oversight Committee as the independent regulatory authority responsible for ensuring compliance with procurement laws and regulations.
Procurement Regulations
The Procurement Regulations provide detailed operational guidance for implementing the Procurement Reform Act. These regulations are binding on all procuring entities and cover every stage of the procurement cycle.
Regulation on Procurement Planning
Requires all procuring entities to prepare annual procurement plans and submit them to the Oversight Committee for review and approval before commencement of any procurement activity.
Regulation on Tender Documentation
Standardizes tender document templates across all procuring entities. Mandates minimum content requirements including clear specifications, evaluation criteria, and draft contract terms.
Regulation on Bid Evaluation
Establishes the composition and procedures of evaluation committees. Requires that all evaluations be based exclusively on criteria published in the tender documents.
Regulation on Contract Award and Publication
Requires publication of all contract awards above specified thresholds within 30 calendar days. Mandates maintenance of a public procurement registry accessible to all citizens.
Regulation on Supplier Eligibility
Sets out qualification criteria for bidders including legal registration, tax compliance, technical capacity, and financial standing requirements.
OHADA Uniform Act on Commercial Law
The OHADA Uniform Act establishes a harmonized framework for commercial law across member states. For public procurement, this Act is particularly significant as it governs the legal standing and eligibility of foreign companies to participate in government tenders.
Foreign Company Eligibility
Under the OHADA Uniform Act, all foreign companies wishing to participate in public procurement tenders must be duly registered under the OHADA commercial registry within a member state. This registration ensures that foreign entities are subject to the same legal obligations, accounting standards, and judicial oversight as domestic companies.
Procurement Thresholds
Procurement methods are determined by the estimated contract value. The following statutory thresholds apply:
| Procurement Method | Threshold (USD) | Minimum Advertisement |
|---|---|---|
| Direct Procurement | Up to $25,000 | N/A |
| Restricted Tendering | $25,000 – $100,000 | 15 calendar days |
| Open Tendering | Above $100,000 | 30 calendar days |
| Framework Agreements | Any value (recurring) | 30 calendar days |