On 19 October 2022, Tunisia adopted Decree-Law No. 2022-68, whereby promotes private investment while prioritising Tunisian companies and start-ups in public contracts, with up to 10% of contract values earmarked for them. Additionally, foreign bidders must involve local firms for at least 20% of order values. Tunisian economic operators are granted a 20% advantage in contracts over foreign counterparts, while Tunisian-origin products receive preference in supply markets, provided they meet quality standards and price constraints.
"Article 1 - The objective of this decree-law is to enact special provisions relating to the acceleration of the implementation of public projects and the promotion of private sector projects with a view to responding to the priorities of economic and social development at the level national and regional.
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Art. 10 - The specifications obligatorily provide for the recourse of foreign bidders to local companies for the realization of a minimum percentage of 20% of the value of the orders or the supply of goods, equipment and services and this in all cases where local industries and businesses are likely to respond at a percentage which is not less than 20%.
Art. 11 - The public buyer may provide in the specifications for the granting of an advance within the limit of 20% and not less than 10% for works, studies and supply of goods and services contracts in accordance with the legislation and regulations in force.
Art. 12 - A preference of 20% of the overall market price is granted for the benefit of offers from Tunisian economic operators for studies, works and supply of goods and services, compared to offers from foreign economic operators.
Preference is given to products of Tunisian origin in all markets for the supply of goods compared to all other products whatever their origin, provided that they are of equal quality and without the prices of Tunisian products exceed those of their foreign counterparts by 20%.
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Art. 16 - Subject to the regulations in force on foreign exchange and foreign trade, resident companies may present financial offers in foreign currency for products, materials, equipment imported and not manufactured locally." (Decree-law No. 2022-68 of October 19, 2022, enacting special provisions for improving the efficiency of carrying out public and private projects, Articles 1, 10, 11, 12, and 16 [google translation])
Decree-law No. 2022-68 of October 19, 2022, enacting special provisions for improving the efficiency of carrying out public and private projects
[<a href="https://igppp.tn/sites/default/files/D%C3%A9cret-loi2022_68.pdf">Decree</a>],[<a href="https://investmentpolicy.unctad.org/investment-policy-monitor/measures/4438/tunisia-issues-law-for-improving-the-effectiveness-of-ppps-and-promoting-investment-in-priority-sectors">Other</a>],[<a href="https://igppp.tn/fr/decret-loi-ndeg-2022-68-du-19-octobre-2022-edictant-des-dispositions-speciales-pour-lamelioration">Other</a>]