Revirement spectaculaire dans l’affaire DER/FJ et SERTEM GROUPE : La Cour suprême suspend la nouvelle attribution du marché
On May 7, 2026, ARCOP issued a decision rejecting SERTEM's appeal against the new award of the contract for the construction of the DER/FJ headquarters to another company, following a restricted tender.
Believing itself immune from any censorship in this highly contested process of restarting the project, the DER/FJ hastily finalized its contract with the new contractor. This contract was submitted to the DCMP for approval on June 1, 2026 , and then to the Minister of Finance and Budget on June 17, 2026.
But that was without taking into account SERTEM's determination to continue the fight in order to be restored to its rights and, according to it, in the name of the general interest, which had been sacrificed by the use of a restricted tender procedure which did not respect the provisions of article 74 of the Public Procurement Code.
The case took a dramatic turn on Thursday, July 2, 2026. According to Seneweb, the case was examined by the Supreme Court. In its ruling, the judge of the administrative summary proceedings division of the Supreme Court ordered the suspension of the new award of the contract resulting from the restricted tender.
This decision, made in the context of a change at the head of the DER/FJ, should force Aïssatou Mbodji's successor to suspend all proceedings until the courts have made a final ruling on the substance of the dispute between the two parties, the outcome of which is still pending.
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