Benin: a public contract of 77 million FCFA turns into a standoff at La Poste, the ARMP decides.

The Public Procurement Regulatory Authority (ARMP) resolved a dispute involving the Public Procurement Officer (PRMP), the Bid Opening and Evaluation Commission (CEO), and the Public Procurement Control Unit (CCMP) of La Poste du Bénin SA. In a decision rendered on June 2, 2026, the institution found that the reservations made by the CCMP were in accordance with the prevailing rules.

The dispute originated from a call for tenders launched for the acquisition and deployment of five computer servers intended to modernize the infrastructure of La Poste du Bénin. The contract, included in the 2026 Public Procurement Forecasting Plan (PPMP), had an estimated budget of 77 million FCFA.

During the analysis of the bids, only one company met the technical qualification criteria. However, its offer, amounting to 94.8 million FCFA, exceeded the planned budget by nearly 18 million FCFA. According to the explanations provided during the process, this increase was notably linked to the rising cost of RAM modules, essential components of the servers.

Due to a lack of additional budgetary resources, the Bid Opening and Evaluation Commission proposed a solution: to reduce the number of servers from five to four in order to remain within the available budget. This modification would allow for the acceptance of a bid of 76.64 million FCFA and the consideration of a provisional award of the contract.

This approach, however, was rejected by the Public Procurement Control Unit. According to the CCMP, reducing the quantities could not be used to make acceptable an offer that was initially above the planned budget. It repeatedly requested technical justifications demonstrating that the decrease in the number of servers met a real need of the contracting authority and was not just a financial constraint.

Faced with the impasse, the PRMP sought the arbitration of the ARMP. It notably explained that the option of a supplemental budget had been considered to finance the acquisition of the five servers. This option was also dismissed by the CCMP, which reminded that a modification of the budget during the procedure would require a prior revision of the procurement plan, risking undermining the principle of equality among bidders.

After hearing the different parties in May 2026, the Regulatory Council of the ARMP upheld the CCMP’s arguments. The authority emphasized that “there is no legal or regulatory provision that allows for the increase of the estimated budget of a public contract during the procurement process.” It also reminded that any adaptations to the quantities provided for by the Public Procurement Code must be made in strict accordance with the projected budget established before the launch of the procedure.

Consequently, the ARMP declared the reservations made by the CCMP to be valid and requested that the Public Procurement Officer of La Poste du Bénin take them into account for the continuation of the procedure. This decision reaffirms the principle that budgetary rules and competition conditions cannot be modified during the evaluation of bids.