Discusses the legal requirements for selling to the host government, including whether the government has agreed to abide by the WTO Government Procurement Agreement or is a party to a government procurement chapter in a U.S. FTA. Specifies areas where there are opportunities.
Last Published: 7/14/2019
The GOT finances public works projects through borrowing from the multilateral development banks.  Please refer to the “Project Financing” Section in “Trade and Project Financing” for more information.

The GOT conducts the majority of its international purchases through public international tenders.  These tenders are published widely in the local media.  Government decree #34 of May 2018 imposed on all ministries, non-administrative public institutions, and state-owned companies the use of the Tunisian e-procurement system . Best prospects for U.S. businesses are highlighted on the Department of State’s Business Information Database System and available on the U.S. Embassy business web page.

Tunisian legislation permits the granting of certain contracts without recourse to public tender, and some companies have had success approaching the public sector with public-private partnership proposals. 

Tunisia’s Association Agreement with the EU bars non-EU companies from certain major tenders receiving EU financing.  Tunisian government agencies tend to adhere to tender regulations and specifications.  

U.S. bidders on Tunisian tenders should not assume that potential customers are looking to the bidders to design solutions to a given problem.  Tunisian government agencies typically arrive at desired solutions through pre-tender studies and then solicit specific equipment or services.  Favorable financing terms often trump other factors normally considered for tenders, such as history with the bidder or type and proven reliability of a certain technology.

Submitted bids that do not meet tender specifications, even if technically superior to the solicited proposal, usually will be disqualified.  Bids that are not delivered by the tender deadline may be disqualified without further consideration.  U.S. bidders interested in submitting proposals that deviate from the original required specifications should do so only as a clearly identified alternative and ensure that it does not disqualify them from the main offer.

The GOT has a reputation for lengthy negotiations, and U.S. firms are advised to take this into consideration upon submitting their initial bids.  Bid bonds between 1% and 10% of the bid value are common on government contracts.  The government will generally adhere as strictly to the specifications of the contract as it does to the tender specifications.  It will expect similar adherence from the contractor.  Since 2011, government ministries have a certain degree of autonomy in selecting top bids, although the Commission Supérieure des Marchés, a quasi-independent contracting oversight office at the Prime Ministry, will ultimately confirm who wins a tender after performing its own due diligence.  Some major contracts may require approval by Parliament.
U.S. firms should be aware of the factors that influence the government's evaluation of bids, including:
  • Job creation
  • Contribution to the local economy via investment in or partnership with a Tunisian entity
  • Transfer of skills or technology
  • Long-term financial impact (cost, financing packages, impact on the trade balance)
  • Geographical location – investments serving underprivileged areas of Tunisia will likely be favored
While U.S. bids have typically been competitive on price and technology, European firms historically have benefited from stronger financing packages and links to the local economy.  Both U.S. and European companies may face challenges when competing with companies backed by governments, such as China, that may offer generous financing programs because they are not bound by Organization for Economic Cooperation and Development (OECD) regulations.

Recent cases have demonstrated a lack of transparency and delays in the decision-making process in various types of tenders, particularly in the power sector.  However, there is no evidence that indicates American companies have specifically been targeted or intentionally placed at a disadvantage in Tunisia.

U.S. Commercial Service Liaison Offices at the Multilateral Development Banks (European Bank for Reconstruction and Development, African Development Bank, World Bank)
The Commercial Service maintains Commercial Liaison Offices in each of the main multilateral development banks, including the European Bank for Reconstruction and Development, the African Development Bank, and the World Bank.  These institutions lend billions of dollars in developing countries for projects aimed at accelerating economic growth and social development by reducing poverty and inequality, improving health and education, and advancing infrastructure development.  The Commercial Liaison Offices help American businesses learn how to get involved in bank-funded projects, and advocate on behalf of American bidders.

Learn more by contacting the Commercial Liaison Offices to the European Bank for Reconstruction and Development, the African Development Bank, and the World Bank.
Many governments finance public works projects through borrowing from multilateral development banks. Please refer to “Project Financing” Section in “Trade and Project Financing” chapter for more information.

Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.