The legal framework for public procurement in the Republic of Benin is made up of two important laws:
- Law No. 2017-04 of October 19, 2017 on the Public Procurement Code in the Republic of Benin
- Law No. 2011-20 of October 12, 2011 on the Fight Against Corruption and Other Related Offenses in the Republic of Benin
You can find all the relevant regulations on websites of the Public Procurement Regulatory Authority (ARMP) and Public Procurement Portal. Benin also has Integrated Public Procurement Management System.
The texts and practices relating to public procurement are based on five main principles universally recognized and carried by article 5, paragraph 1 of law No. 2017-04 of October 19, 2017 on the Public Procurement Code in the Republic of Benin. Indeed, under this paragraph, "The principles of economy and efficiency of the acquisition process, freedom of access to public procurement, equal treatment of candidates and transparency of procedures and recognition are binding on the contracting authorities in the context of procedures for the award of public contracts and public service delegations, regardless of the amount”. The Beninese Parliament supplemented these five principles imposed by the directive of the WAEMU, a sixth principle is that of the prohibition of regularization procedures for the award of public procurement (Article 6 of the Law on Public Procurement Code).
The institutional framework is made up of three bodies: public procurement and internal control bodies, the central body responsible for monitoring the public procurement procedure, and the regulatory body.
- Contracting Authority (CA): The State, decentralized local authorities, public establishments, State companies, semi-public companies, etc.
See Articles 2 and 3 of Law No. 2017-04 of October 19, 2017 on the Public Procurement Code in the Republic of Benin.
- Person Responsible for Public Procurement (PRMP): he is mandated by the AC to implement the procedures for the award and execution of public contracts and public service delegations. It also coordinates the activities of the departments and services involved in the procurement chain at the level of the AC.) The rules for its designation are set out in article 11 of law n ° 2017-04 of October 19, 2017 on the Law on the Code of Public Procurement in the Republic of Benin. The PRMP is assisted by a secretariat of the PRMP composed of executives including a specialist in public procurement or a lawyer with proven experience in the field
- The Public Procurement Commission placed under the authority of the PRMP, it examines the bidding documents, opens and examines tenders, validates the results of the work of the analysis subcommittee.
- The Public Contracts Control Unit (Each Contracting Authority has within it a Public Contracts Control Unit (CCMP) responsible for a priori control for contracts of an amount below the threshold marking the limit of competence of the DNCMP This Control Unit also ensures the validation of the annual public procurement plan at the level of each Contracting Authority before their publication and entry into force.
It reports to the Minister of Finance. It performs a priori control over the public procurement procedure for an amount greater than or equal to the threshold marking the limit of competence of the Public Contracts Control Units.
It also exercises, by itself or through its decentralized structures (DDCMP), a posteriori control over the award procedures below the threshold.
The DNCMP receives the provisional procurement plans for publication.
The authorization of over-the-counter markets is the responsibility of the DNCMP in accordance with articles 51 and 55 of the Law on the Code of Public Procurement. This authorization is given on the basis of a reasoned report drawn up by the CA.
The Departmental Delegations of Public Procurement Control (DDCMP), a delegation from the national public procurement control department is created at the level of each department, which will play the role of the DNCMP at the departmental level. They are dismemberments of the National Directorate of Public Procurement Control on which they depend entirely.
The regulatory body is the Public Procurement Regulatory Authority (ARMP). It is placed under the supervision of the Presidency of the Republic. It has legal personality and enjoys administrative and financial management autonomy.
Its mission is to ensure the regulation of the public procurement system and public service delegation agreements. This mission consists in:
- The assistance which it must bring to the competent national authorities within the framework of the definition of policies and the elaboration of the regulations in matters of public procurement and public service delegations,
- The training of all stakeholders in public procurement and the development of the professional framework,
- The implementation of independent technical audit procedures, as well as the sanction of irregularities noted,
- The non-jurisdictional settlement of disputes arising from the award of public contracts;
- The amicable settlement of disputes arising from the performance of public contracts.
See Articles 18 to 20 and 137 to 150 of the Law on the Code of Public Procurement.