In Mali's strategic energy sector, administrative rigor prevails over commercial ambition. COREX Solar , a company vying for the contract to build a solar power plant, has just seen its hopes definitively dashed by the Supreme Court.

A dispute arising from a technical non-conformity

It all began with a call for tenders launched by the Ministry of Energy. When COREX Solar submitted its bid, it was rejected by the evaluation committee. Refusing this exclusion, the company first appealed to the public procurement regulatory body before taking the case to the country's highest court, arguing that the decision regarding its bid guarantee had been unfair.

The fatal mistake: Letter of intent vs. Actual guarantee

The main point of contention lies in the nature of the bank document provided. Instead of the firm bank guarantee required by the regulations:

1. The requirement: An immediate commitment from the bank to cover the risks.
2. The company's response: A simple "letter of intent".

The Supreme Court has ruled: a promise of a future guarantee, subject to further analysis by the bank, does not constitute valid legal security. In the absence of this crucial document, the offer was deemed non-compliant .

Analysis: The 4 commandments for winning a public contract

This legal setback serves as a stark reminder to economic operators of the importance of formalities:

1. Formality reigns supreme: In a tender, form is as important as substance. Even a minor technical error is grounds for elimination.
2. Immediacy of the guarantee: A guarantee must be real and enforceable from the moment the application is submitted. Intentions do not constitute a guarantee.
3. Strict adherence to templates: The administration imposes precise frameworks. Deviating from them will result in automatic disqualification.
4. Legal evidence: Before the courts, only compliance with the law prevails. Challenging a decision requires solid legal arguments, not mere commercial interpretations.

The outcome: The procedure proceeds without COREX Solar, marking a victory for transparency and rigor in procurement procedures in Mali.