A major infrastructure project in Senegal has hit a significant legal roadblock. The Autorité de régulation de la commande publique (ARCOP) has ordered the suspension of the procurement process for the construction of the “Mohamed Bin Zayed” Entrepreneurship and Innovation Center, which is intended to serve as the future headquarters for the Délégation générale à l’Entrepreneuriat rapide des femmes et des jeunes (DER/FJ).
The decision, issued on April 9, 2026, freezes a strategic project estimated at 17 billion FCFA estimated at 17 billion FCFA. This suspension comes after a legal challenge from SERTEM Groupe, a construction firm that was initially the successful bidder for the contract but has since contested the provisional award issued by the DER/FJ.
The dispute centers on the integrity of the bidding process, which was launched by the DER/FJ as a restricted call for tenders under emergency procedures. By halting the process, the ARCOP aims to ensure that the fundamental principles of public procurement—specifically equity, transparency and impartiality—are upheld before a final decision is reached on the merits of the case.
Legal Timeline and the Role of the CRD
The path to this suspension began earlier in April. On April 2, 2026, the Comité de règlement des différends (CRD) issued decision n°030/2026/ARCOP/CRD/SUS, which officially declared the legal recourse filed by SERTEM Groupe as admissible decision n°030/2026/ARCOP/CRD/SUS rendered April 2, 2026. This ruling paved the way for the more severe conservatory measure taken a week later.
The CRD serves as the primary body for resolving disputes within the public procurement framework. Once the recourse was deemed admissible, the ARCOP moved to freeze all progress toward the final award of the contract. This prevents the project from moving forward while the legal grievances of the construction company are fully examined.
As part of this regulatory action, the ARCOP has issued a formal injunction to the DER/FJ. The agency is now required to transmit all necessary documentation and files related to the procurement process to the CRD to facilitate a thorough investigation into the litigation.
Impact on the Mohamed Bin Zayed Innovation Center
The construction of the Mohamed Bin Zayed Entrepreneurship and Innovation Center is more than just a corporate office; it is designed as a strategic hub for women and youth entrepreneurship in Senegal. With a budget of 17 billion FCFA cost estimated at 17 billion F Cfa, the project represents a significant investment in the nation’s digital and economic infrastructure.
The current freeze means that no further steps can be taken toward the definitive attribution of the market. This delay affects not only the timeline for the physical construction of the headquarters but also the operational goals of the DER/FJ in establishing a centralized center for innovation. The “emergency procedure” used to launch the restricted call for tenders is now under scrutiny, as the regulator determines if the speed of the process compromised the fairness of the award.
Key Stakeholders Involved
- DER/FJ: The government agency overseeing rapid entrepreneurship for women and youth, acting as the contracting authority.
- SERTEM Groupe: The construction company and initial awardee who filed the legal challenge against the provisional attribution.
- ARCOP: The regulatory body responsible for overseeing public procurement and ensuring legal compliance.
- CRD: The Dispute Resolution Committee tasked with examining the merits of the legal challenge.
- DCMP: The Direction centrale des marchés publics, which was among the parties notified of the suspension.
What Happens Next?
The project is now in a state of regulatory limbo. The next critical phase involves the instruction of the case by the CRD. The agency must first receive the full set of documents from the DER/FJ as ordered by the ARCOP. Once the evidence is reviewed, the CRD will render a decision on the substance of the dispute.
Depending on the outcome, the ARCOP may either lift the suspension, allowing the project to proceed with the current attribution, or it may void the provisional award and order a restart of the bidding process to ensure full transparency.
| Date | Action | Authority |
|---|---|---|
| April 2, 2026 | Recourse by SERTEM Groupe declared admissible (Decision n°030/2026/ARCOP/CRD/SUS) | CRD |
| April 9, 2026 | Order to suspend the attribution procedure for the DER/FJ headquarters | ARCOP |
| Post-April 9 | Injunction for DER/FJ to transmit all case files for instruction | ARCOP |
The official decision regarding the suspension has been notified to the DER/FJ, SERTEM Groupe, and the DCMP. In accordance with current regulations, this action will also be published on the official public procurement portal for public record.
The final resolution of this case will depend on the CRD’s examination of the “emergency” nature of the tender and whether the provisional attribution adhered to the legal requirements of the Senegalese public procurement code. We will continue to monitor the official portal for the final ruling on the merits of the case.
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