The complexity and technical nature of public procurement and Public-Private Partnership law require a common understanding of key concepts by the bodies involved in pre-contractual public procurement litigation. Indeed, the ARCOP as regulator intervenes upstream in a non-jurisdictional manner to ensure transparency and fairness in procurement procedures.
As for the Council of State, it ensures administrative legality and the legal security of contracts. However, the mandates of these two institutions operating in the same field require reconciling the speed of public procurement with the legal soundness of decisions.
With the aim of preserving this delicate balance, Madam BAMBA Massanfi, wife of DIOMANDE, Chair of the Regulatory Council of the Public Procurement Regulatory Authority (ARCOP) led a delegation this Tuesday, 13 October 2026, for a working visit to the Council of State. This exchange meeting dedicated to strengthening the institutional dialogue between the two entities was a valuable opportunity.
The discussions made it possible to lay solid foundations for closer cooperation, notably through the project to establish a permanent framework for consultation. The avenues discussed, such as the internal organizational provisions for information sharing, capacity building, as well as regular consultations on regional and national directives, are all major guidelines that will steer future actions.
Faced with the requirements related to their respective mandates, these actions will undeniably contribute to better synergy in the interest of increased transparency and legal security in public procurement. The leaders of both institutions are committed to the success of this initiative, in order to streamline the functional and jurisdictional relationships essential to good governance.
Published on 16/10/26 13:34 Press release