PUBLIC CONTRACTS IN CAMEROON

Public contracts in Cameroon are regulated by the Public contracts code. Public contracts in Cameroon opportunities are instituted based on the principle of freedom of access to public procurement, equal treatment of candidates and transparent procedures.

Obtaining public contracts in Cameroon, how public contracts in Cameroon are awarded, public contracts in Cameroon opportunities and public contract funding are governed by the code. The scope of public contracts applies to contracts financed or co-financed by;

  • The state budget,
  • External, bilateral or multilateral aid funds,
  • Loans guaranteed by the state,
  • The budget of a public establishment, a public or semi-public corporation, or a local authority.

However, contracts concluded within the context of international agreements signed by the state only in its provision, which are not contrary to the said agreements shall fall under the scope of public contracts.

HOW PUBLIC CONTRACTS IN CAMEROON ARE AWARDED

According to the Public Contracts code, public contracts in Cameroon are awarded by invitation to tender after a competitive bidding process by the administration’s potential contracting partners.

A priority doctrine is used to establish how public contracts are awarded in Cameroon in accordance with the public contracts code.

As concerns mutual agreements, the award of public contracts is subject to special procedure under conditions laid down by the public contracts code.

How public contracts in Cameroon are awarded is also subject to the applicable fiscal and customs regulation in Cameroon except for express exemptions provided for by the laws or regulation. Public contracts are also subject to the provisions of foreign aid financing agreements or international conventions and agreements.

PUBLIC CONTRACT FUNDING

Public contract in Cameroon funding is executed through a bank transfer to a banking establishment or an approved first-rate financial institution governed by Cameroon law in accordance with the instruments in force or by letter of credit. This is subject to loan agreements, conventions or international conventions.

Public contracts funding shall be examined in three ways;

ADVANCES

Advances under the scope of public contract funding may be granted to the Administration’s contracting partner in view of the realization of operations necessary for the execution of the goods or services provided for in the contract.

Payments of advances must be provided for in the contract concerned. The administration’s contracting partner may upon simple request and subject to certain conditions obtain a ‘start-off’ advance or advance for the supply of building material which will be in particular percentages as per the nature of the request. This advance must be guaranteed under certain procedures before it can be awarded.

PAYMENT ON ACCOUNT

Except by waiver provided for in the special administrative clauses, the administration’s contracting partner may obtain periodic payments on account as regards public contracts in Cameroon funding. The terms and conditions for payment on account shall be laid down in the special administrative clauses.

The amount of the payment on account vis a vis public contract funding shall not exceed the value of the services to which it is linked. This value shall be assessed according to the terms of the contract.

In the case of payment made according to the technical execution phase, the contract may set the amount of each payment on account as a fixed sum in the form of a percentage of the initial price of the contract.

INTEREST ON OVERDUE PAYMENTS AND PENALTIES

Under the scope of public contracts in Cameroon funding, and as concerns issues pertaining to a delay in the payment fixed in the special administrative clauses, the contract holder shall be fully entitled to interest on overdue payments when such delay is attributed to the contracting authority or accounting officer. This payment shall be calculated from the day following the expiry of the said deadline up to the day of issue of the payment voucher by the accounting officer.

PUBLIC CONTRACTS IN CAMEROON OPPORTUNITIES

Public contracts in Cameroon opportunities in Cameroon are found in the respective invitation to tender. The types of invitation to tender through a public notice may be national, international, open, restricted or with designed competition in nature.

Each invitation to tender provides the nature of opportunities presented to any interested party. The tender notice is widely publicized by publication in the journal of public contracts published by the organ in charge of the regulation of public contracts or in any other publication authorized to do so. Other means of publicity such as radio announcements, newspapers available in newsstands and specialized newspapers, notice boards and electronic means may only be used additionally.

This publicity will set the time limits granted to tenderers for submission of tenders.