Public procurement in Benin: minor errors will no longer suffice to reject a bid

In Benin, a public procurement bid can no longer be dismissed solely for a minor formal defect if it does not affect its substantial compliance, understanding, or the fairness of the evaluation. Circular No. 2026-03 from the Public Procurement Regulatory Authority (ARMP), signed on August 26, 2026, instructs public procurement stakeholders to reserve rejection for failures that genuinely impact the essential requirements of the submission.

The text specifically addresses irregularities that previously could have led to the disqualification of a bidder. The absence of the labels “ORIGINAL” or “COPY” on an envelope, missing stamps or signatures on certain pages, a non-substantial error in the signatory’s name, or a presentation defect should no longer, by themselves, disqualify a bid as long as the identification of the candidate and the integrity of the submission are not in question.

The same principle applies to several anomalies identified during the preliminary review and financial evaluation. The ARMP notably mentions certain errors in dates, titles, or addresses, pagination discrepancies between the original and copies, inconsistencies in numbering that do not affect the understanding of the submission, as well as calculation, rounding, or currency conversion errors. A qualification certificate presented in a format different from the standard model may also be accepted if its content genuinely meets the requirement.

However, tolerance ceases when the irregularity pertains to an essential element of the bid. Grounds for rejection still include the absence of a bid guarantee when required under penalty of rejection, the omission of a document constituting an essential condition for admissibility, modifications to mandatory technical specifications, the price schedule, or quantities, a reservation on an essential contractual obligation, as well as the submission of the bid after the deadline has expired.

Rejections must now be justified on substantive grounds

The circular requires those responsible for public procurement, control units, and opening and evaluation commissions to justify any rejection by indicating the substantive nature of the failure and its impact on the assessment of the bid. The goal is to prevent a material error that does not affect competition or the comparability of proposals from being treated the same way as a defect that undermines the admissibility or the technical and financial content of the submission.

For non-substantial failures, the text provides that rectification may occur, when regulations allow, at the contracting stage, without undermining the validity of the provisional award. The circular takes effect from its signing date and must be applied by all entities involved in the public procurement process.

This new evaluation doctrine was brought to the forefront during a national awareness campaign launched on September 15, 2026, in Cotonou by the ARMP and the National Directorate for Public Procurement Control. The initiative also addresses a second circular dedicated to promoting local production in public procurement and aims to reach 2,268 stakeholders from institutions, ministries, municipalities, establishments, agencies, and state-owned companies.