Cameroon : the public contracts code

Decree No. 2004/275 of 24 September 2004 to institute the public contracts code.

The President of the Republic,

Mindful the Constitution;

Mindful Law No. 73/7 of 7 December 1973 on the Rights of the Treasury for the protection of public funds;

Mindful Law No. 74/18 of 5 December 1974 on the control of officers, managers and managers of public funds and state enterprises, as amended by Law No. 76/4, 8 July 1976;

Mindful Law No. 20041018 of 22 July 2004 laying down common rules;

Mindful Law No. 20041019 of 22 July 2004 laying down rules for the regions;

Mindful Law No. 991 016 of 22 December 1999 on the general status of public institutions and public enterprises and parastatal sector;

Mindful Decree No. 2001/048 of 23 February 2001 establishing the organization and functioning of the Agency for Public Procurement Regulatory;

Mindful Decree No. 2002/216 of 24 August 2002 on the reorganization of the Government;

HEREBY DECREES AS FOLLOWS

GENERAL PROVISIONS

ARTICLE 1:

(1) This Order Procurement Code.

(2) sets out the rules applicable to the award, execution and control of Procurement.

ARTICLE 2: The rules laid down in this code are based on the principles of freedom of access to public procurement, equal treatment of candidates and transparent procedures.

ARTICLE 3: The Procurement Code applies to all financed or co-financed procurement:

a) by the state budget;

b) external bilateral or multilateral aid funds;

c) on loan endorsed by the State;

d) the budget of a public institution or a company public or semi-public sector or a local or regional authority.

ARTICLE 4:

(1) Notwithstanding the provisions of section 3 above, the Procurement Code does not apply to contracts concluded in the framework of international agreements signed by the State that its not contrary to the provisions of these conventions.

(2) The provisions of the Public Procurement Code relating to the award, execution, procurement bodies and control Procurement shall not apply to benefits amount to less than five (5) million CFA francs.

ARTICLE 5:

(1) For the purposes of this Code, the following definitions are valid:

a) Public Market: written contract, in accordance with the provisions of this Code, by which a contractor, supplier or service provider is committed to the state, local or regional authority, a public institution or a company in public or semi-public, or to perform work or provide goods or services at a price;

b) Market: all the documents referred to in this Code which is expressly referred to in the general administrative clauses and the special administrative clauses of the contract. It is the subject of a single document written duplex;

c) Delegation of public services: delegated management of a public service to a third party whose remuneration is substantially linked to the result of the operation of the service. It is subject to public procurement regime;

d) Project: any construction, installation, any building, assembly and generally, every material created or transformed by the works;

e) Benefits: all work, all supplies, all services or intellectual services to be performed or provided pursuant to the contract;

f) Owner: Chief ministerial department or equivalent, chief executive of a local or regional authority, general manager and director of a public institution and a public sector company and parastatal, representing the beneficiary administration of benefits under the contract;

g) Client Officer: person acting as agent of the Owner, some of the functions of the latter. It is the provincial governor and the prefect of the department, the head of a diplomatic mission of Cameroon abroad, authorized to pass and sign financed funds delegated by Client markets, and where appropriate, the leader of a project receiving external funding;

h) Head of Department of the contract: natural person accredited by the Client or the Client’s Representative for general assistance in administrative, financial and technical stages of the definition, development, implementation and the receipt of benefits by the contract.

Responsible for the general management of the performance of the services, it stops all the technical and financial requirements and represents the Client or the Client’s Representative to the competent authorities dispute arbitration;

i) Construction of the contract: natural or legal person of public law accredited by the Client or the Client’s Representative to monitor the performance of the contract.

Responsible for the technical and financial monitoring, he appreciates decides and gives all instructions involving no financial impact. It reports to the Head of Service of the market;

j) Client: the natural or legal person, public or private law commissioned by the Client or the Client’s Representative to defend its interests at the stages of definition, development, implementation and acceptance of the services covered by the contract;

k) Co-Contracting Authority: any natural or legal person party to the contract, in charge of the execution of the services specified in the contract, as well as his or her representative (s), staff (s), successor (s ) and / or agent (s) duly appointed (s);

l) Joint Venture: a group of companies who have subscribed a single act of commitment, and represented by one of them that performs a function common agent. The consortium is joint and several liability;

m) Committee on Government Procurement: technical support body placed with an Owner or the Owner Master Delegate for procurement or technical body invested with the Public Procurement Authority for a priori control of procedures for the award of contracts;

n) Sub-Committee analysis: ad-hoc committee appointed by the Board of Procurement for the evaluation and ranking of bids to the technical and financial plans;

o) Public Procurement Authority: placed at the head of the competent public administration in the field of public contracts;

p) Independent Observer: consultant hired by the Authority to ensure compliance with the regulations, rules of transparency and the principles of fairness in the process of public procurement;

q) Independent Auditor: firm established reputation recruited by the Administration and is responsible for the annual audit of public procurement;

r) Amendment: contractual act to amend certain terms of the contract base to adapt to events after his signature;

s) Contract Amount: The total amount of expenses and remuneration of the services covered by the contract, subject to any additions or deductions that may be made under the provisions of that contract;

t) Letter-control: public contract, the amount is at least five (5) million and less than thirty (30) million FCFA;

u) Request for quotation: simplified procedure for consulting firms for the award of certain letters-orders;

v) Monitoring Committee and Technical recipe: Committee composed of members chosen on the basis of their competence and to monitor and validate the services provided under the contracts for intellectual services for amounts greater than or equal to one hundred ( 100) million FCFA.

(2) An order of the Prime Minister shall determine the conditions of application of the listing application under paragraph [(1) u)] above.

ARTICLE 6:

(1) Before tendering, specifications and consistency of services should be subject to prior review and result in either a draft defines the characteristics of the work to be performed or supplies to be delivered be on the terms of reference services.

(2) Such a study must be accompanied by an estimate of the associated costs. It must take into account when it comes to works, destruction of property, open property, travel networks (water, electricity, telephone, etc.). Release the selected site including and conditions access.

(3) The procurement of there must be a program by the Client or the Client’s Representative in connection with the technical services and relevant authorities.

(4) Any solicitation can only be made on the basis of a dossier tender prepared by the Client or the Client’s Representative after the preliminary work referred to in paragraph 1 of this article.

BOOK 1

THE AWARD AND EXECUTION OF PROCUREMENT

TITLE I

THE PUBLIC PROCUREMENT

ARTICLE 7:

(1) Public contracts are awarded after competitive tenders from potential contractors Administration of tender.

(2) They may exceptionally be awarded according to the procedure of OTC under the conditions set out in this Code.

(3) The procurement is subject to tax and customs regime in force in Cameroon, save as otherwise expressly provided by the laws and regulations, and subject to the provisions of financing agreements with foreign aid or international conventions and agreements.

(4) The Client or the Client’s Representative shall ensure the development and availability of funding before the launch of the consultation.

However, the Public Procurement Authority may grant exemptions in cases of explicit multi-year contracts, projects whose implementation depends on a campaign or season and projects for which the period between the vote of the Finance Act of the year or the authorization for use of voting by the Board of Directors budget, and the actual date of commencement of services is insufficient to launch consultations.

(5) In the case of derogations referred to in paragraph (4) above, the signing of the order of startup service benefits is conditioned by the existence of funding.

CHAPTER I

MARKET ON TENDER

SECTION 1

THE GENERAL

ARTICLE 8:

(1) The bidding is the process by which the contract award comes after public competitive bidding.

(2) The selection criteria take into account:

– The price of amenities and or cost of using alternatives;

– Their technical and functional value including, operating and maintenance conditions as well as the potential lifespan of books or supplies products and services;

– Quality and professional capacity of the candidate;

– The period of execution or delivery.

SECTION II
THE TENDER TYPES

ARTICLE 9:

(1) The tender may be national or international, open or restricted or competition.

(2) The tender shall be valid only if, after complying with all regulatory requirements, the procurement committee responsible has received at least one bid received.

ARTICLE 10: The tender is:

a) national, when he addresses the natural or legal persons domiciled or headquartered in Cameroon;

b) International, when he addresses the natural or legal persons having their domicile or head office within or outside the country.

Paraqraphe 1

Open tender

ARTICLE 11:

(1) The tender is open when the public notice inviting all interested candidates to call for a date, their offers.

(2) The record is tender after publication of the notice available to each candidate making the request, against payment of the related costs which the scale is set by the Authority Procurement.
Paraqraphe 2
Restricted tender

ARTICLE 12:

(1) Restricted tendering is open tender preceded by a pre-qualification.

(2) The tender is open to a limited number of candidates after a pre-qualification procedure.

(3) The pre-qualification is carried out following a public call for applications for inclusion in publications authorized by an opinion on a particular tender or combination of tenders in Over a period of one fiscal year for services of the same nature, subject to the provisions of international conventions.

(4) The public call for candidates shall specify the qualification criteria include: administrative, references for similar contracts, staffing, facilities, equipment and financial position.

(5) The pre-qualification report, prepared by the Client or the Client’s Representative, together with the draft Tender Dossier including the proposal of shortlists are subject to the procurement committee jurisdiction to review.

(6) The notice of restricted tendering serves as a result of the pre-qualification.

(7) Records of Appeals approved offers are available to pre-qualified candidates in the same conditions as those laid down in Article 11 (2) above and letters of invitation to tender them addressed. This is followed as in the case of an open tender.

ARTICLE 13: The limited tendering may be used for the following cases:

– Work or special equipment or complex of great importance;

– Supplies and specialized services.

Paraqraphe 3
Tender with competition

ARTICLE 14:

(1) When the grounds of technical, aesthetic or financial considerations warrant special research, the tender may be accompanied by a contest.

(2) The competition focuses on the design of a work or of an architectural project.

ARTICLE 15: The tender with competition takes place according to the procedure of open or restricted tender.

ARTICLE 16:

(1) The specific regulations of the tender must provide assistance with:

a) bonuses, rewards or benefits to be allocated to the highest ranked bidders;

b) that the winning projects become all or part ownership of the Client or Client’s Representative;

c) that the Client or the Client’s Representative reserves the right to enforce by the contractor or the provider of their choice all or part of the winning projects, on payment of a fee fixed in the specific regulations tender itself or subsequently determined by agreement or after expertise;

(2) The specific regulations of the tender with competition must also indicate whether and under what conditions the men of art, authors of the projects will be expected to cooperate in the execution of their winning project.

(3) prizes, awards or benefits under paragraph (1) of this section may not be granted in whole or in part if the projects received are not satisfactory.

SECTION III

THE CONTENT OF THE TENDER DOSSIER. THE TENDER NOTICE

SUPPLEMENTARY REGULATIONS AND TENDER

ARTICLE 17: The tender dossier includes:

a) the notice of tender (MO) written in French and English;

b) the specific regulations of the tender (OMPP)

c) the special administrative clauses (CCAP);

d) special technical (CCTP), the terms of reference (TOR) and the description of the supply;

e) under the unit price schedule;

f) as part of the detailed estimate including quantities to be executed;

g) under sub-retail prices;

h) the relative standard including submission and deposit forms;

i) where applicable, the technical documentation or any other documentation deemed necessary by the Client or Client’s Representative.

ARTICLE 18: The invitation to tender must mention in particular:

a) the reference of the call for tender, including the number, identification of the Committee on Public Procurement and the Client or the Client’s Representative, subject and date of signature;

b) funding;

c) the type of tender;

d) the place or places where you can see the tender dossier;

e) the qualifications of the candidates and acquisition File tender requirements;

f) the main criteria for evaluation of bids expressed in quantitative and / or qualitative;

g) the place, date and deposit limits and tender opening hours;

h) the period during which candidates are bound by their tenders;

i) the conditions to be met by offers, including the amount of the bid bond;

j) the maximum number. lots which a bidder may be awarded in cases of allotment.

ARTICLE 19: The special regulations tender must include among others:

a) the presentation and creation of tenders;

b) the conditions for rejection of tenders;

c) criteria for the evaluation of tenders for works and supplies, those criteria are considered essential and those playoffs. They must be objective, verifiable and quantifiable as possible monetarily;

d) for the procurement of intellectual services, the criteria must be detailed by sub-criteria. These must be verifiable, and as far as quality possible;

e) methods and criteria for award;

f) the rules for pre-qualification and post-qualification, if any.

SECTION IV

ADVERTISING AND THE TIME FOR SUBMISSION OF TENDERS

ARTICLE 20: The invitation to tender must be widely disseminated by insertion into the public procurement journal published by the agency responsible for the regulation of public markets or in any other publication authorized. Other means of advertising such as radio news, the press available on newsstands and specialist press, billboards and electronic tracks will only be used above.

ARTICLE 21:

1) The deadlines given to bidders for submission of bids range from thirty (30) and sixty (60) days.

(2) The period, which runs from the date of publication of the notice of invitation to tender, may be reduced to twenty (20) days in the case of obvious urgency or request a quote and brought to more than ninety (90) days for international bidding.

SECTION V

BIDDERS

ARTICLE 22:

(1) may not apply to public order, the natural or legal persons:

a) have not signed the declarations provided by the laws and regulations or have not paid the fees, taxes, premiums, contributions, fees or charges of any kind whatsoever;

b) state of liquidation or bankruptcy;

c) referred to in Article 102 of this Code;

d) hit one of the prohibitions or disqualifications prescribed by law.

(2) Proposals submitted by natural or legal persons referred to in paragraph 1 above shall be rejected.

ARTICLE 23:

(1) The bidder is required to produce in the tender:

a) documents providing useful information, the nature of which is specified in the tender dossier;

b) the certificate of non-bankruptcy;

c) the discharge of the competent authorities for the payment of taxes, duties, contributions, dues, fees or charges of any kind whatsoever;

d) a certificate stating that the tenderer is not subject to any prohibition or forfeiture under the law;

e) the bid bond, the terms and amount specified in the tender dossier, in accordance with the regulations.

(2) The period of validity of bid bonds must exceed thirty (30) days of the offer.

(3) The bid security may be replaced by a bond guarantee issued in accordance with Article 70 (1) and (2) of this Code.

(4) The organization has produced a joint and several guarantee, is required to comply, mutatis mutandis, to the provisions of Article 70 (3) and (4) of this Code.

SECTION VI

THE ADMISSIBILITY AND COUNTING OF OFFERS

ARTICLE 24:

(1) The offers are sent in a sealed envelope and sealed, numbered and the subject of the tender. It should not give any indication of the identity of the bidder, under penalty of dismissal. In the case studies, the technical offer and the financial offer contracts must be placed in two different discounts and sealed envelopes in the same conditions as above.

(2) The envelopes containing the tenders must be deposited against receipt at the place indicated in the notice of invitation to tender.

(3) Upon receipt, the folds are coated with a serial number, an indication of the date, time of delivery, and recorded in the order of arrival in a special register issued by the agency responsible for regulating public procurement. They must remain sealed until the time of opening, in accordance with Article 25 below.

(4) can only be open the proposals received under the conditions set out above.

(5) The opening of the session count must be made no later than one hour after the receipt of tenders fixed in the tender dossier.

(6) Bids received after the dates and deadlines for submission times are inadmissible.

ARTICLE 25: The envelopes containing the bids are opened by the procurement committee responsible under the terms defined in « Section 125 of the book » of this Code.

ARTICLE 26:

(1) The offers of the bidders must comply with the provisions of the tender dossier.

(2) The bidder may propose more « offers basic variations when requested or when the opportunity is offered explicitly in the tender dossier.

(3) The tender dossier must clearly identify the way the variations must be taken into consideration in deciding the tenders.

SECTION VII

EVALUATION OF BIDS

ARTICLE 27:

(1) Copies of the bids received are assigned to a subcommittee of analysis for evaluation and ranking.

(2) The Subcommittee analysis provides an analysis report within a specified time during the opening of bids, the competent commission of markets. This period may in no case exceed thirty (30) days includes verification of administrative documents and evaluation of technical and financial bids.

(3) The analysis report is the subject of a single document, initialed and signed by all the members of the subcommittee.

(4) The Chairman of the Committee on relevant markets may, on a proposal from the subcommittee analysis, ask bidders for clarification of their bids. Clarifications requested and provided in writing can not, in any way, have the effect of modifying the elements of the offer to make it more competitive.

The bidder shall have a period of seven (7) days to provide the requested clarification.

Clarification bidders are subject to a summary report initialed and signed by all members of the Subcommittee analysis.

(5) The analysis and synthesis reports are submitted to the competent commission of markets. This last issue of the award proposals as provided in Book II of this Code.

(6) In case of discrepancy, the non-signatories of the analysis and synthesis report report members are required to express their opinion in writing addressed to the Chairman of the Committee of competent markets.

CHAPTER II

MARKET OF MUTUAL AGREEMENT

ARTICLE 28: A market is said to OTC when passed without tender, after special permission from the Public Procurement Authority and as described in Articles 127 and 128 of Book II of this Code.

ARTICLE 29: It can not be passed to the OTC market in the following limiting cases:

a) for works, supplies or services effected for research, studies, testing, experimentation or development, and that can only be done by companies or providers the choice s’ required by their specialty, their knowledge or special skills;

b) for replacement, emergency, contractors or suppliers failing;

c) for works, supplies or services which, in the case of urgency driven by unforeseen circumstances, not be subject to the time of tendering procedure;

d) requirements can only be met by a provision requiring the use of a patent, process, know-how or agency management and marketing.

CHAPTER III

SPECIAL MARKETS

ARTICLE 30: Special markets are those who do not respond to all or part of the provisions relating to contracts by tender or OTC markets. They mainly include contracts relating to national defense, security and strategic interests of the State.

ARTICLE 31:

(1) The contracts referred to in Article 30 above include secret clauses for reasons of security and strategic interests of the state, and thereby escape the consideration of any public procurement commission under this Code.

(2) The contracts referred to in paragraph (1) above relate only to the acquisition of any equipment or supplies and services of any kind directly related to national defense, security and strategic interests of the State.

CHAPTER IV

PROCEEDINGS OF THE AWARD OF PUBLIC WORKS

ARTICLE 32:

(1) When a procurement or bidding on, or OTC, priority is given to equivalent bids in accordance with the evaluation criteria set out in the tender documents, to quote presented by:

a) a natural person of Cameroonian nationality or a legal person under Cameroonian law;

b) a natural person or a legal person establishing an economic activity on the territory of Cameroon;

c) a small and medium-national company whose capital is wholly owned by persons of Cameroonian nationality or Cameroonian law;

d) of clusters involving Cameroonian companies or providing a major outsourcing nationals.

(2) Where a contract is, in whole or in part, benefits may be provided by or found with a person or entity referred to in paragraph (1) of this section, the Owner or the Client’s Representative shall, prior to the competition, determine those benefits and be mentioned in the tender documents.

(3) Priority is given to the bidder who, at the same prices or bids, submitted a proposal which the proportionate value of the benefits provided in paragraph (2) above, is the largest compared to shares contained in the other bids.

(4) The margin of domestic preference is financially than ten percent (10%) for works contracts and fifteen percent (15%) for those supplies, technical bids equivalent.

(5) There is no national preference for intellectual services.

ARTICLE 33:

(1) Subject to compliance with the conditions of tenders:

a) the award of works and supplies is the bidder with the lowest evaluated bid and meet the technical and financial requirements resulting from the so-called essential criteria or those qualifying offer;

b) the award of intellectual services is assessed to the tenderer submitting the best bid, by a combination of technical and financial criteria offer.

(2) Any award of a contract is evidenced by a decision of the Client or Client’s Representative and notified to the contractor.

(3) Upon publication of the results awarding the contract by the Client or the Client’s Representative, the unsuccessful bidders are notified of the rejection of their offers, and asked to remove them within fifteen ( 15) days, with the exception of the copy for the agency responsible for the regulation of public procurement. Bids not withdrawn within that time are destroyed, without any need to claim.

(4) Any decision to award a contract by the Client or the Client’s Representative is inserted, with prices and delay in the journal published by the procurement agency the regulation of public markets or in any other publication authorized.

ARTICLE 34:

(1) The Client or the Client’s Representative may cancel the tender without any need to claim. However, when the deals are already open, this cancellation is subject to the approval of the Public Procurement Authority.

(2) The Client or the Client’s Representative shall notify its decision to cancel the Chairman of the Committee on relevant markets, with a copy to the agency responsible for the regulation of public procurement.

(3) The decision referred to in paragraph (2) above is issued by the Client or the Client’s Representative for insertion in the Journal of Public Procurement or in any other publication authorized.

ARTICLE 35:

(1) A tender may be declared void, if after the recount is not registered no offer meets the requirements of the tender dossier or when the procedure does not comply the regulations or any financial offer is not compatible with the available funding.

(2) In the case of open tender, where the only responsive bid is satisfactory to technically and financially, the Client or the Client’s Representative award the contract.

(3) Where one tender is accepted, but is greater than the amount of funding available. The Client or the Client’s Representative may begin with the candidate who submitted the offer of negotiations, in order to obtain a satisfactory contract.

These negotiations, which should not have the effect of substantially change the scope and nature of the market, are sanctioned by a report signed by both parties.

(4) A tender may be declared void after the opinion of the Committee competent markets.

(5) The Client or the Client’s Representative shall notify the decision declaring the bidding unsuccessful the Chairman of the Committee with a copy of the relevant markets in the body responsible for the regulation of public procurement.

(6) The decision declaring the unsuccessful invitation to tender is issued by the Client or the Client’s Representative for insertion in the Journal of Public Procurement or in any other publication authorized.

(7) In case of allotment. the provisions of the above paragraphs shall apply to each lot.

ARTICLE 36:

(1) The Client or the Client’s Representative may, after approval by the Public Procurement Authority, cancel without any need to claim, its decision to award a contract as that market is not notified.

(2) The cancellation decision is issued pursuant to the provisions of Article 34 (3) above.

ARTICLE 37:

(1) The procurement commission may propose to the Client or the Client’s Representative, the rejection of abnormally low tenders, provided that the candidate has been invited to submit written justification and that these justifications are not acceptable.

(2) The Client or the Client’s Representative shall communicate the reasons for rejection of bids of the tenderers concerned who request them.

ARTICLE 38:

(1) The Client or the Client’s Representative shall have a period of seven (07) days of signing the contract from the date of receipt of the draft market adopted by the procurement committee and competent signed by the contractor.

(2) notifies the market to its holder within five (05) days after the date of signature.

CHAPTER V

SPECIAL PROVISIONS

SECTION 1

PROGRAMMING EXPENSES

ARTICLE 39: When for a project, all of the funding can be mobilized in a single year and that the benefits can be divided into over several years or slice firm and conditional phases phases the Client shall, in consultation with the Minister in charge of investments for governments and legislative bodies to public administrative bodies and regional and local authorities, provide programming expenses each year.

ARTICLE 40:

(1) The contracts referred to in Article 39 shall indicate the period for which they are made.

(2) They must also include an option to any notice of termination in favor of either party.

SECTION II

THE DELEGATION OF PUBLIC SERVICES

ARTICLE 41: The State, regional and local authorities, public institutions or public sector companies or semi-public, may delegate the management of a public service to a private law delegate called dealer, whose remuneration is substantially related to the results the operation of the service. Delegations include governed interested affermages, operation networks as well as public service concessions, they include or not the execution of public works.

ARTICLE 42: The concessions are subject to a competition in accordance with the provisions of this Code. This competition is always preceded by a pre-qualification as described in Articles 43 and 44 below.

ARTICLE 43:

(1) The pre-qualification is to identify potential co-contractors that provide technical and financial guarantees sufficient and have the ability to ensure the continuity of public service they are delegated.

(2) The procedure for pre-qualification of bidders is done as described in Article 12 of this Code.

ARTICLE 44: The contract award is made on the basis of the optimal combination of different evaluation criteria, such as specifications and performance standards proposed tariffs on users or paid to the State, communities territorial decentralized public institutions or public companies or BPS any recipe that equipment will provide the delegating authority, the cost and the amount of funding available, and the value of lending facilities.

SECTION III

MARKET OF INTELLECTUAL SERVICES

ARTICLE 45: The intellectual services cover activities that are intended to benefit primarily of an intellectual nature, the predominant element is not physically measurable, they include such studies, project management and services of IT support. They are awarded after competitive pre-qualified in accordance with Article 12 of this Code candidates.

ARTICLE 46: The short list of pre-qualified candidates is stopped after a request for expression of interest. Candidates are pre-qualified because of their ability to perform the services in question and on the basis of published in such solicitation, subject to the provisions of international conventions criteria.

ARTICLE 47: The pre-qualification is done on the basis of a request for expression of interest, which includes the terms of reference, the invitation letter stating the criteria for pre-qualification and application mode detailed. The request for expression of interest indicates if the exclusions from future participation in the works, supplies and services resulting benefits that are subject to the invitation.

ARTICLE 48: The allocation is made either on the basis of the technical quality of the proposal including the experience of the firm, the qualification of experts and working methodology proposed and the amount of the proposal is based a predetermined budget that the consultant should provide the best possible use, either on the basis of the best financial proposal submitted by the candidates who obtain the minimum score.

ARTICLE 49: In cases where the benefits are exceptional complexity or significant impact or even when they give rise to difficult to compare proposals, Ie consultant may be selected solely on the basis of technical quality. its proposal that the restricted tender as defined in Articles 12 and 13 of this Code procedure.

ARTICLE 50:

(1) The contracts may be negotiated between the Client or the Client’s Representative and the applicant whose proposal is selected.

(2) In no case the negotiations can not be conducted with more than one candidate at a time.

(3) These negotiations, which should not be on unit prices, shall be punished by a report signed by both parties.

SECTION IV

THE PROCEDURES DEMATERIALIZATION

ARTICLE 51: Exchange of information involved in the application of this Code may be the subject of a communication by electronic means in accordance with Articles 52, 53 and 54 below.

ARTICLE 52: The tender documents or consultation can be made available to applicants electronically as provided by regulations, provided that these documents are also available to candidates by mail, if they so request.

ARTICLE 53: Except as otherwise provided in the notice inviting applications or notice of tender, applications and tenders may also be sent to the Client or Client’s Representative by electronics, in terms defined by regulation.

ARTICLE 54: The provisions of this Code which refer to writings do not impede the replacement thereof by a support or an electronic exchange to the extent that such provisions are applicable to the acts of the Owner or the Master Delegated Contracting Authority.
TITLE

EXECUTION OF PROCUREMENT

CHAPTER I

GENERAL PROVISIONS

ARTICLE 55:

(1) Any contract is subject to a single document written duplex annexed with contract documents referred to in Article 56 (g) below.

(2) Every public contract must be signed before any commencement of execution.

(3) Is therefore inadmissible any complaint regarding the performance of services before the entry into force of the relevant market.

SECTION 1

THE CONTENT OF PROCUREMENT

ARTICLE 56: Each contract must contain at least the following information:

a) the purpose and the contract number;

b) indication of the means of financing the expenditure and budget allocation section;

c) an indication of the contracting parties;

d) an indication of the Client or Client’s Representative;

e) the head of department of marketing and engineering market;

f) evidence of the quality of the person signing the contract and the co-contracting party;

g) a list, in order of priority, the constituent parts of the market including: submission or of the commitment, the special administrative clauses, specifications or detailed estimate, the unit price schedule, the under retail prices and general administrative provisions which it is specifically subject;

h) the value of the contract, together with the terms of his determination as well as those, if any, for its revision;

i) tax and customs duties;

j) the time and place of execution;

k) the conditions for the establishment of the security;

l) the date of notification;

m) the debit of the co-contractor of the administration;

n) the conditions for receipt or delivery of services;

o) the arrangements for payment of benefits;

p) the accountant responsible for payment;

q) the procedures for resolving disputes;

r) the termination conditions, and

s) the competent court in cases of international bidding.

ARTICLE 57:

(1) The writing or formatting of all the constituent final contract documents, is provided by the Client or the Client’s Representative and, where appropriate, by the Project Manager.

(2) The final contract may not, under any circumstances, alter the scope and nature of the benefits provided for in the tender dossier. Only minor adjustments, no financial implications or technical influence over the successful tender are acceptable, subject to the provisions of Article 35 (3) of this Code.

ARTICLE 58: The public and their riders markets are notified by the Client or the Client’s Representative and, where appropriate, by the contractor.

SECTION II

OBLIGATIONS OF ACCOUNTING

ARTICLE 59:

(1) The co-contractor of the Authority is required to open and maintain:

a) specific accounting statement showing the market and the various sources of financing, the statements of amounts billed and amounts paid, as well as the source of funding;

b) a statement of tax and customs declarations on the market.

(2) The Client or the Client’s Representative, if applicable, the organization responsible for regulating public procurement can access, for verification purposes, the accounting document referred to in paragraph (1) above above, up to a maximum of three (3) years from the date of final acceptance of the services or the delivery of the latest on the market.

ARTICLE 60: The accounts of the co-contractor of the Administration must trace transactions relating to the market as follows:

a) expenditure on supplies, procurement of materials, raw materials or manufactured articles intended to come into the composition of the market;

b) the costs of labor used exclusively and any other charges or expenses individualized;

c) a list of the quantities of supplies delivered or performed.

SECTION III
THE SPECIFICATIONS

ARTICLE 61: The specifications determine the conditions under which contracts are executed. They include general documents and the following specific documents:

a) the general administrative provisions which lay down the provisions relating to the implementation and monitoring of public procurement applicable to a category of contracts;

b) the specifications of the particular administrative provisions that set the market-specific administrative and financial arrangements;

c) all other technical specifications and general documents and specific documents defining the characteristics of the works, supplies or services and intellectual services.

SECTION IV
CHANGES DURING THE PERFORMANCE OF THE CONTRACT

ARTICLE 62:

(1) The provisions of a public contract can only be changed by amendment.

(2) The amendment is adopted and notified according to the same review as the market based procedure. It can not change or the object of the contract, or the contractor, or the currency of payment or the price revision formula.

(3) The orders of services relating to prices, times and programs are contractual actions for managing a market and can be issued under the following conditions:

a) when a service order is likely to result in exceeding the amount of the contract signing is subject to proof of Finance;

b) in case of exceeding the value of the contract in an amount of not more than ten percent (10%), market changes can be made by administrative order and corrected by amendment, subject to the provisions of paragraph 2 of this Article;

c) if the excess value of the contract is greater than ten percent (10%), changes can be made only after signature of the amendment thereto.

(4) The total amount of endorsements is limited to thirty percent (30%) of the contract base.

(5) In any event, any changes regarding the technical specifications shall be subject to a preliminary study on the scope, cost and time the market.

(6) The change in the amount of the benefit can be paid under the conditions defined by the general administrative clauses.

SECTION V

THE OUTSOURCING

ARTICLE 63:

(1) A public contract can be sub-contracting or give rise to the following subcommands procedures laid down by the general administrative clauses.

(2) The markets are outsourced contracts by which a contractor assigns to third parties performing a part of this market.

(3) The sub-orders are orders made to third parties by the holder of a contract for:

a) the production of goods or intermediate products to enter into the composition of the service;

b) the execution of certain operations conditioning achieving this benefit.

ARTICLE 64:

(1) Any use of subcontractors or sub-suppliers is subject to the prior approval of the Client or Client’s Representative.

(2) Notwithstanding any recourse to outsourcing or sub-command, co-contractor of the Authority remains responsible for performance of all obligations of the contract.

SECTION VI

THE CONTRACTING CO

ARTICLE 65:

(1) Y co-contracting when the subject of market services are provided by separate companies within a group.

(2) In the case of co-contracting, the tender offers in precise terms.

ARTICLE 66:

(1) The special administrative clauses (CCAP) must specify whether the undertakings are joint or several.

(2) The undertakings are secured when each is liable for the entire market and must make good any failure of its partners. One of them must be designated in the SCC as agent and representative of all companies vis-à-vis the Client or Client’s Representative. The co-contractors are divided amounts that are set by the Administration in a single account.

(3) The undertakings are joint when the benefits are divided into lots, each of which is assigned to one of these companies, each of them is committed to the lot or lots which assigned. One of them must be designated in the SCC as an agent, the latter being secured to each of the other companies in the contractual obligations towards the Client or the Client’s Representative. The agent represents all joint ventures vis-à-vis the Client or the Client’s Representative for the execution of the Contract. Each company is paid by the Authority in its own account.

SECTION VII

GUARANTEES

ARTICLE 67: Subject to the provisions of Article 68, paragraph (2) and 72 of this Code, while a contractor is required to provide:

a) a bond for the full performance of the services, cl-after referred to as « performance bond »;

b) a bond guaranteeing performance of the contract and the recovery of sums which would be recognized debtor under the contract, hereinafter called « holdback ».

ARTICLE 68:

(1) The performance bond shall not be less than two percent (2%) and more than five percent (5%) of the original contract, plus any of the amount of endorsements.

(2) The holdback is made when the market comes with a warranty period or maintenance. It can not exceed ten percent (10%) of the original contract, plus any of the amount of endorsements.

She is not due for service contracts and intellectual benefits.

ARTICLE 69:

(1) The performance bond must be made within twenty (20) days of the notification of the contract and, in any case, before the first payment day. If there is a bid bond, the final guarantee must be made before the bid bond expires.

(2) Under the holdback, part of the sums due under the contract is blocked until the entire contract is executed.

(3) The duration of the bond corresponding to sufficiently exceed the time limits for completion of the service, to cover the period

warranty or maintenance stated in the contract.

(4) The conditions and the time of return of bonds are secured by the general administrative provisions, subject to such exceptions as may be made by the special administrative clauses.

ARTICLE 70:

(1) The guarantee may be replaced by a guarantee of a bond approved in accordance with the laws in force bank and issued in favor of the Client or the Client’s Representative or by a joint and several guarantee .

(2) Small and Medium Enterprises (SMEs) in capital and national leaders can produce instead of the bond, a legal mortgage, or a guarantee of a bank or an authorized financial institution leading accordance with the laws in force.

(3) Any organization that produced a joint and several guarantee, shall undertake to pay on the order of the Client or Client’s Representative and up to the guaranteed amount, the amounts which the co contractor of the Administration would be to debtor under the contract

(4) The provisions of paragraphs (1), (2) and (3) above are implemented in accordance with the rules laid down by the Client or the Client’s Representative.

ARTICLE 71:

(1) When the co-contractor of the Authority has fulfilled its contractual obligations, the deposit shall be refunded or security referred to in Article 70 released, following a release issued by the Owner or the Owner Officer, within thirty (30) days after the expiration of the warranty period or, if the contract does not include such a time, following receipt of the works, supplies or services.

(2) At the expiration of thirty (30) days set out in paragraph (1) above, the competent authority is required to return the deposit or release the bond in question, upon request of the other party Administration.

(3) At the expiration of thirty (30) days, the deposit shall cease to have effect, even in the absence of hands, unless the Client or the Client’s Representative duly served the co-contractor that has not fulfilled all its obligations.

In this case, it may be terminated with the commitment of the deposit by freehand issued by the Client or the Client’s Representative.

ARTICLE 72: The incumbents of a market in an amount of not more than thirty (30) million CFA francs may be provided by the Client or the Client’s Representative of the obligation to provide guarantees provided for in Article 67 of this Code.

SECTION VIII

THE INSURANCE

ARTICLE 73:

(1) No person shall, unless specifically exempted by the Minister in charge of insurance, purchase assurance of a risk to a person, property or liability located in Cameroon with a foreign company that is not complied with the requirements of section 326 of the Insurance Code of CIMA.

(2) Any transfer of reinsurance abroad on seventy-five percent (75%) of a risk to a person, property or liability located in Cameroon except branches referred to in paragraphs 4, 5, 6, 11 and 12 of Article 328 of the Insurance Code referred to in paragraph (1) above is subject to the approval of the Minister in charge of Insurance.

(3) Any purchaser of foreign nationality or foreign law who subscribed to their country of origin an insurance policy against the export shall transmit said police Client or Client Chief and the Autonomous Sinking Fund, if any, within a maximum period of two (2) months from the date of notification of award.

(4) « is required to inform the authorities and bodies mentioned in paragraph (3) above any threat of disaster declaration.

CHAPTER II

THE PRICE OF PROCUREMENT

SECTION 1

FEATURES PRICE

ARTICLE 74:

(1) The market price pays the co-contractor of the Administration.

(2) The services covered by the contract are settled either by fixed prices applied to all or part of the market regardless of the terms or unit prices to the quantities actually executed:

a) is fixed any price that pays the holder to a range of services, work or a work party, as defined in the market.

Fixing a flat fee is imposed when the benefits are well defined at the time of conclusion of the contract;

b) is unitary, any price that applies to basic service, a nature or a work whose quantities are given only as the market forecast element.

ARTICLE 75:

(1) Whether flat or unit, the price is not negotiable when it can not be changed due to economic changes.

(2) In the case contrary to the provisions of paragraph (1) above, it is reviewable.

The terms of price revision must be explicitly specified in the contract, and the price submitted or offered to be a function of economic conditions on which it is based.

expiration:

(3) The price is updatable if it can be changed from:

a) a period of six (6) months after the opening of bids;

b) the contractual period, when the extension of the implementation period is not attributable to the contractor.

The procedure for updating the prices should be included in the specifications.

The discount formula should not include margin of neutralization.

ARTICLE 76:

(1) Where a contract includes services performed in-house, they are carried out at the behest and under the responsibility of the Client or the Client’s Representative.

In this case, the special administrative clauses must indicate the nature, the count and value of the various elements that contribute to determining the settlement price.

(2) The amount of force account may not exceed two percent (2%) of the amount inclusive of all taxes (VAT) market.

SECTION II

CHANGES IN THE MARKET PRICE

ARTICLE 77:

(1) The introduction of a price adjustment clause in a contract is not systematic, the price to be agreed farms as often as possible.

(2) Any contract whose execution time is not more than one (1) year shall not be subject to price revision.

(3) A benefit is revisable price when the contract provides for the modification of the original amount as and when scripts.

(4) A price adjustment is likely when calculated by reference to a reprimand, a. catalog, scale, series, or when it is subject to periodic update.

(5) The mechanism described in paragraph (4) above is particularly relevant executable markets for several years, without prejudice to the possibility of revising the price during the period of execution of each phase or tranches.

(6) A contract may provide a discount price clause, regardless of the revision of the said price.

SECTION III

TERMS OF REVISION OF THE PRICE OF MARKETS

ARTICLE 78:

(1) Every market revisable price must include:

a) a single revision formula, which applies to all of the service;

b) several independent complete formulas, each applying to a service that is priced in the individual market;

c) a formula by currency of payment if more than one, using indices of the country of origin of inputs.

(2) The adjustment formulas must necessarily include a fixed part at least zero point five (.15).

(3) The coefficient of review applies:

– For services performed during the month, with the exception of work Economy, premiums, payment and reimbursement of advances;

– Penalties.

(4) The introduction by amendment of a review clause in a contract awarded on the basis of a fixed price is prohibited.

(5) Where a contract includes a provision for price revision, it must specify the date of the initial price, and how to revise the said price.

CHAPTER III

THE PLEDGE

ARTICLE 79:

(1) Every public contract entered into pursuant to the provisions of this Code may be pledged, subject to any form of sale of debt.

(2) The collateral under paragraph (1) above is in the form of a bilateral act between the co-contractor of the Administration and a third called « secured creditor ».

(3) The pledgee shall by any means in writing, and shall serve the Client or Client’s Representative in charge of the accounting and payment, a certified copy of the original of the deed of pledge.

(4) the date of notification or service referred to in paragraph (3) above, unless unable to pay, the accounting rule directly responsible for paying the secured creditor the amount of the debt or from claim which has been given as collateral.

In the case where the pledge was made in favor of more creditors, each cash from the debt that has been assigned in the bill which includes the information notified or served on the accounting responsible for payment.

(5) No change in the name of the official responsible for payment, or in the terms of settlement, except in the latter case with the written consent of the secured creditor, may be made after notification or the meaning of the pledge.

(6) hands served or notified of the pledge is given by the secured creditor in accounting responsible for the payment, the holder of the copy of the deed of pledge under paragraph (3) above, by any means writing.

It shall take effect on the second business day following receipt by the official responsible for payment of the document informing.

(7) The rights of the wealthy or subrogated creditors are awarded by the privileges provided by law or regulations.

PART III

MONITORING OF PERFORMANCE AND PAYMENT OF PUBLIC

CHAPTER 1

COMMON PROVISIONS

ARTICLE 80:

(1) The bidders must engage in their bids, to comply with all laws and regulations or any provisions of collective agreements issues including pay, working conditions, safety, health and welfare workers concerned.

(2) They remain, in addition, guarantee the fulfillment of the terms of employment, and responsible for their enforcement by any subcontractor or sub-commandier.

CHAPTER II

CONTROL OF EXECUTION

ARTICLE 81:

(1) The execution of the procurement is subject to control by

a) the Client and, if applicable, the Client’s Representative or the Project Manager as detailed in the general administrative clauses;

b) the independent auditor;

c) other control bodies under the laws and regulations.

(2) equal to or greater than the following thresholds procurement, project management is carried out by a natural or legal person in private law:

Work: 100 million CFA francs;

Materials: 500 000 000 F CFA.

(3) For contracts involving amounts below the thresholds referred to in paragraph (2) above, the owners do not have skills must use an external control to implement its services.

(4) For contracts for intellectual services for amounts greater than or equal to one hundred (100) million FCFA, project management is done as a commission for monitoring and technical acceptance. This committee shall include among others, the external members of the Client Services.

CHAPTER III
SETTLEMENT OF PROCUREMENT

SECTION I

COMMON PROVISIONS

ARTICLE 82:

(1) Subject to the provisions under the agreements or loan agreements or international conventions, laws relating to procurement occurs by bank transfer to a bank or a financial institution approved Cameroonian law leading accordance with applicable laws or letter of credit.

(2) Any drawing on credit for external financing is subject to prior approval of the Autonomous Sinking Fund.

(3) Any amendment to debit can only be achieved by amendment.

(4) The operations of the co-contractor of the Authority and may give rise to the payment of advances, interim or final payments, are recognized by any means leaving traces written by the Client or the Client’s Representative or, where applicable, the Project Manager, in the manner prescribed by general administrative clauses.

SECTION II

ADVANCES

ARTICLE 83:

(1) Advances may be granted co-contractor of the Administration, for the transactions necessary for performance of the services specified in the contract.

(2) The advance payments under paragraph (1) above shall be provided in the relevant market.

(3) The co-contractor of the Authority may, on request from the Client or Client’s Representative and without proof, get a so-called advance « start » or « for supply of materials » whose amount may not exceed twenty percent (20%) of the initial tax market price of work or intellectual services and thirty percent (30%) for supply contracts.

(4) This advance must be bonded to one hundred percent (100%) by a bank under Cameroonian law or an authorized financial institution leading in accordance with applicable laws.

(5) It is repaid by deduction from payments payable to the owner for the execution of the contract and in accordance with procedures defined in that market.

(6) All of the advance must be repaid no later than at the time when the value price of the services rendered reaches eighty percent (80%) of the contract price.

(7) The advances are paid to the co-contractor of the Administration following the procedures laid down in the general administrative clauses.

(8) The payment under paragraph (7) above occurs after the establishment of bonds due in accordance with the provisions of this Code.

SECTION III

OF PAYMENTS

ARTICLE 84:

(1) Unless otherwise provided in the special administrative clauses, co-contractor of the Administration may obtain payment of periodic installments.

(2) The payment of installments are fixed in the special administrative clauses.

(3) An initial payment is subject to the following benefits:

– Deposit on site or construction schedule, materials, raw materials or artifacts for execution of the contract, subject to:

– They have been acquired in any property of the co-contractor of the Administration, and actually paid by him;

– They are off in such a way that their destination is the subject of doubt;

– They can be controlled by the Client, the Client’s Representative or the Engineer designated for this purpose work;

– The performance of the services specified in the contract, subject to proof of payment by the co-contractor of the Administration when these services were performed by subcontractors.

ARTICLE 85:

(1) The amount of a deposit may not exceed the value of the services to which it relates, net of advances repaid. This value is determined by reference to the provisions in the contract.

(2) In the case of payments made according to technical implementing phases, the market may determine the amount of each payment as a lump sum, as a percentage of the original contract.

ARTICLE 86:

(1) down payments should occur at least every three (03) months are realized when the conditions specified in Article 84 of this Code.

(2) The payments can be spread over the duration of execution of the contract, according to the periodic terms, or in terms of technical implementation phases, as defined in the market.

(3) down payments occur within thirty (30) days from the date of transmission to the accounting competent findings entitlement to payment.

(4) The general administrative clauses specify the time open to the Client or Client’s Representative or, where applicable, the Master of Work to make the findings qualifying deposit.
SECTION IV
DEFAULT INTEREST AND PENALTIES

ARTICLE 87: When it is due to the Client or Client’s Representative or the accounting officer, failure to pay within the time fixed by the special administrative clauses, opens and runs from right to benefit holder’s Market, interest calculated from the day following the expiration of such time, until the issuance of the notice says « settlement » of the accounting officer.

ARTICLE 88:

(1) The default interest rate under section 87 above the intervention tenders Bank of Central African States (BEAC) rate plus one (1) item.

(2) payments to be made in a currency other than the CFA franc, the default interest rate is the discount rate applied by the bank issuing the currency, increased to more than one (1) point.

(3) The amount of default interest is calculated by applying the formula:

l = M x (n/360) x (i) wherein:

M = amount inclusive of all taxes (VAT) amounts due to the contractor;

n = Number of calendar days late;

i = intervention rate tenders of the BEAC plus one or discount rate applied by the bank issuing the currency in question increased to more than one (1) point, as the case .

(4) default interest can not be applied to the amounts already includes compensation for late payment.

(5) default interest is taxable.

ARTICLE 89:

(1) In case of exceeding the contractual time limits set by the contract, the contractor is liable to penalties after prior notice.

(2) Unless otherwise provided in the market, the amount of liquidated damages shall be as follows:

a) a two-thousandth (1/2000th) of the total amount of the market per calendar day of delay from the first to the thirtieth day after the contractual deadline set by the market;

b) one thousandth (1/1000th) of the total amount of the market per calendar day of delay beyond the thirtieth day.

(3) The remission of penalties for delay of a contract may be made by the Client or the Client’s Representative after a favorable opinion of the agency responsible for the regulation of Procurement.

(4) A copy of the decision to surrender penalties, supported by the favorable opinion above is sent to the agency responsible for regulating public procurement for all purposes.

ARTICLE 90:

(1) Notwithstanding the penalties for exceeding the contract period, the contract may provide for specific penalties for failure to comply with the technical provisions.

(2) In any event, the total amount of penalties shall not exceed ten percent (10%) of the total amount of basic market with its amendments, if any, under penalty of termination.

TITLE IV

LITIGATION AND PENALTIES RELATING TO PUBLIC

CHAPTER I

LITIGATION

SECTION I

DISPUTE

ARTICLE 91:

(1) Disputes arising procurement may, as appropriate, be an attempt to settle amicably.

(2) The attempt of settlement under paragraph (1) above has no impact on the procedure of law, unless an exemption under the agreements or loan agreements or other international agreements.

(3) The terms of settlement are set by decree of the Prime Minister.

SECTION I

THE ACTION

ARTICLE 92: Any bidder who is aggrieved in the process of procurement may file a complaint either with the Client or the Client’s Representative or directly to the Public Procurement Authority in transmitting in each case a copy to the agency responsible for the regulation of public procurement:

a) between the publication of the tender including the pre-qualification of candidates and the bid opening;

b) at the opening of the folds;

c) between the publication of results and the notification of award.

ARTICLE 93: Between the publication of the tender including the pre-qualification of candidates and the bid opening:

a) the application must be sent to the Client or Client’s Representative with copies to the agency responsible for the regulation of public procurement and the President of the Commission;

b) it must send to the Client or Client’s Representative no later than fourteen (14) days before the date of opening of tenders;

c) the Client or the Client’s Representative has five (05) days to respond. Copy of the response is sent to the agency responsible for the regulation of public procurement;

d) in case of disagreement between the applicant and the Client or the Client’s Representative, the appeal shall be lodged by the applicant in the public procurement authority with a copy to the agency responsible for regulating procurement;

e) the appeal is not suspensive.

ARTICLE 94: A bid opening, the appeal relates only to the conduct of this step, including compliance procedures and regularity of checked items. A petition form, available to bidders by the body responsible for the regulation of public procurement is completed and signed at the end of this session. Thereafter:

a) the application must be sent to the responsible procurement authority with copies to the agency responsible for the regulation of public procurement and the Client or Client Officer;

b) it must be received within a maximum of three (03) working days after bid opening, in the form of a letter which is necessarily attached a sheet of the petition form signed by the applicant and, if by the President of the Commission of Procurement;

c) the petition form has three layers, the original held by the applicant is responsible for the procurement and the other two sheets are respectively given forthwith to the Independent Observer and the President of the Commission authority Tenders. The Independent Observer annex to its report, the sheet that was given to him, with comments or observations relating thereto;

d) the appeal is not suspensive.

ARTICLE 95: Between the publication of results and the notification of award, appeals can only cover the award:

a) the application must be sent to the Public Procurement Authority, with copies to the agency responsible for the regulation of public procurement, the Client or Client’s Representative and Chairman of the Committee;

b) it must be made within a maximum period of five (05) working days after the publication of results;

c) the action may result in the suspension of the proceedings at the discretion of the Public Procurement Authority;

d) the notification of the award must be made within fifteen (15) days after such publication, if there is no appeal.

ARTICLE 96:

(1) After publication of the results of allocation, the report of the independent and the minutes of the meeting award observer thereto which is annexed to the report analysis offers are communicated to all tenderers or authority concerned, on application to the Client or Client’s Representative.

(2) Under penalty of foreclosure any request must be made within the period referred to in Article 93 (b), 94 (b) and 95 (b) above.

(3) Examination of application referred to in Article 92 above may result in the withdrawal or cancellation of the procedure. Otherwise, the Public Procurement Authority authorizes the Client to continue the procedure.

(4) After receiving a request, the Public Procurement Authority request a technical opinion from the agency responsible for the regulation of public procurement must reply within ten (10) days of receipt of such request, accordance with the provisions of Article 110 of this Code.

SECTION III

THE TERMINATION

Paragraph 1

Prior to the termination

ARTICLE 97:

(1) When the contractor of the Administration does not comply with the provisions of the contract or service orders relating thereto, as applicable, the Client or the Client’s Representative gives notice of the s perform within a specified period.

(2) This period may not be less than twenty-one (21) days, except in the case of contracts relating to the national defense, security and strategic interests of the State or as otherwise provided in special administrative clauses.

(3) The application of the provisions of paragraphs (1) and (2) above has no impact on the penalties.

ARTICLE 98:

(1) Failure to co-contractor to run the Administration under the provisions of Article 97 above, the Client or the Client’s Representative may:

a) prescribing the establishment of a full or partial authority at the expense and risk of the said co-contractor;

b) or declare the termination of the contract, tort, risk and expense of said co-contractor.

(2) The termination provisions of public procurement, and the effects thereof are specified in the general administrative provisions, subject to the provisions of Articles 101, 102 and 103 of this Code.

ARTICLE 99:

(1) The Client or the Client’s Representative may order the postponement of services covered by the contract before the expiry of the contractual period.

(2) When the Client or the Client’s Representative directs the postponement of the execution of the contract for a period of more than two months, the holder has the right to termination. \ 1 is the same in case of successive adjournments whose sum exceeds two months. In both cases, the adjournment entitles him to payment to the Contractor for compensation for the costs of damages, except in cases of force majeure or for reasons attributable to the Contractor.

Paragraph 2
The foundations of termination

ARTICLE 100: The contract is automatically terminated by the Client or the Client’s Representative in the following cases:

death of the contractor. In this case, the Client or the Client’s Representative may, if appropriate, authorize the accepted proposals by the rights-holders for the continuation of benefits;

failure of the contractor. In this case, the Client or the Client’s Representative may accept if appropriate, proposals may be submitted by the creditors for the continuation of benefits;

liquidation, if the co-contractor of the Authority is not authorized by the court to continue the operation of its business;

in the case of outsourcing, co-sourcing or sub-order, without prior authorization of the Owner or the Owner Master Delegate;

failure of the co-contractor of the Administration duly recorded and notified to it by the Client or the Client’s Representative;

non-compliance with legislation or regulation;

significant price changes in the conditions defined by the general administrative clauses.

ARTICLE 101: Notwithstanding the provisions of Article 100 of this Code, the Client or the Client’s Representative may, in case of force majeure and after consultation with the Public Procurement Authority, declare the termination of a market in the absence of any co-responsibility of Contracting Authority, without prejudice to the benefits to which it is entitled.

Paraqraphe 3

Consequences of termination

ARTICLE 102:

(1) The co-contractor of the Authority that the contract is terminated for the reasons mentioned in Article 100 of this Code, except for the cases referred to in (a) and (g) of that section shall not, except special dispensation granted exclusively by the Public Procurement Authority, bid for a new public market before a period of two (2) years from the date of notification of termination.

(2) If the prohibition in paragraph (1) above relates to a natural person or a sole proprietorship, it also applies to any other company created later by the respondent during the period.

(3) The Client or the Client’s Representative shall automatically transmit the acts of termination to the body responsible for the regulation of public procurement to include the creation of a database.

Artice 103: Notwithstanding the relief to which he may be sentenced to non-performance of its obligations, the contracting party whose contract is terminated for failure to pay the costs incurred to replace him.

ARTICLE 104: Any termination decision in accordance with Article 101 above does not entail application of the provisions of Articles 102 and 103 of this Code.

CHAPTER II

PENALTIES FOR VIOLATIONS OF REGULATIONS

ARTICLE 105:

(1) The authors of procurement established in violation of the provisions of this Code shall be liable to the penalties provided by law; including N073 / 7 Law of 7 December 1973 on the right of the treasure to safeguard public property and Law No. 74/18 of 5 December 1974 on the control of officers, managers and managers of public funds and state enterprises as amended by Law No. 76/4 of 8 July 1976, without prejudice to invalidation of such contracts, as well as any disciplinary or legal action.

(2) Violations of the provisions of this Code shall be considered as constituting damage to public property and are punishable under the laws in force.

ARTICLE 106: Considered as violations under this Code:

a) the award of a contract without the authority to do or without having been delegated for this purpose;

b) the contract splitting in smaller markets, in jobbing orders or orders for the purpose of evading the jurisdiction of another body;

c) the award of a contract without financial or visa without the authorization of the competent statutory body;

d) the award of a contract without credit available or delegates;

e) the award of a contract in excess of appropriations, except that contracts for conditional slices or those executables for several years;

f) the award of a contract in favor of a provider without legal existence;

g) the certification and validation of expenditure without works, delivery of services or the supply of goods;

h) the payment of a market in excess of the amount and that its amendments, if any;

i) the award of a contract to not comply with official reprimands or not within the price range generally accepted unit prices;

j) contracting with companies collapse, with third parties or companies suspected period of bankruptcy or liquidation;

k) comply with the provisions governing the award, execution and control of public procurement;

l) the diversion of the contract;

m) the execution of an amendment in violation of regulations;

n) non-compliance with the procedure for the award of contracts by mutual agreement;

o) contracting with companies not having the financial, economic and technical sufficient guarantee.

ARTICLE 107:

(1) The responsibility of the contractor or any other monitoring procedures for the award or performance of a contract is liable for any complicity.

(2) The complicity under this code means:

a) failure or neglect to perform checks or give technical advice prescribed;

b) voluntary abstention to inform the Client or the Client’s Representative, the irregularities of the violations found during their interventions.

ARTICLE 108:

(1) The presidents, members and secretaries of commissions and sub-commissions markets analysis offers are bound by professional secrecy.

(2) They are subject to the penalties prescribed by the laws and regulations in force, without prejudice to their removal from the committee concerned.

ARTICLE 109:

(1) Any person or public or private mt9rale right person responsible for monitoring the performance of government contracts, convicted of embezzlement or failure in the exercise of that control, is liable to the penalties provided by the laws and regulations, without prejudice to compensation for damage suffered by the Client or the Client’s Representative.

(2) It may be subject to prohibition to control the execution of procurement before a period of three (3) years from the date of declaration of failure.

ARTICLE 110:

(1) The agency responsible for the regulation of public procurement offers the Public Procurement Authority, corrective measures for compliance with the Public Procurement regulations and rules of fairness and transparency.

(2) However, the agency responsible for the regulation of public markets, operating after publication of Contracting Authorities and Delegated Contracting Authority, consideration of reports of Independent Observers, use sheets of tenderers and documents procurement that are transmitted, seized in the relevant statutory deadlines for the following measures:

a) amending the notice of tender and releases granted;

b) compliance with regulatory procedures and deadlines;

c) compliance with jurisdictional thresholds commissions of public procurement;

d) preventing splits procurement;

e) the transmission of documents of public procurement;

f) taking into account expert advice instances e procurement and control of public procurement;

g) the use of standard procurement documents;

h) the execution of the tasks of the Independent Observer;

i) taking precautionary measures in the event of alleged irregular procedure, pending the completion of the necessary investigations and the decision of the authority of government procurement.

(3) regulatory acts referred to in paragraph (2) above must be taken into account by their recipients. The body responsible for the regulation of public markets regularly assesses acts regulating it communicates to the Public Procurement with copies to the Minister in charge of Territorial Administration authority in respect of the Masters’ book Delegates, Governors only acts on the Prefects, and the Minister of technical supervision for those on Administrative Public Institutions.

There BOOK

ORGANS OF AWARD OF CONTROL

AND REGULATION OF PUBLIC WORKS

TITLE I

BODIES OF PUBLIC PROCUREMENT

CHAPTER I

OF WORK AND MASTER OF MASTERS WORK DELEGATES

ARTICLE 111:

(1) initiating and guiding the award of a public contract obligations to the Client or Client’s Representative.

As such, it:

a) develop the procurement plan;

b) ensure the availability of financing and the project site before entering the competent commission of markets;

c) prepare draft tender dossiers and quote request and submit it to the competent commission of markets;

d) issuing calls for tenders;

e) receive tenders and submit to the Commission for Procurement;

f) attributes, publish the results, and shall sign the contracts without limitation threshold.

(2) In addition, it follows the physical and financial performance of contracts and terminate, if necessary.

CHAPTER II

BOARDS OF PROCUREMENT

ARTICLE 112:

(1) Procurement Committees are technical support bodies placed with project owners and Delegated Contracting Authority for the procurement, the amount is greater than or equal to five (5) million CFA.

As such, they:

a) examine and give technical advice on the bidding documents and requests for quotations made by the Client or the Client’s Representative;

b) consider and adopt, as appropriate, rubrics before the opening of bids;

c) organize meetings of bid opening;

d) make subcommittees to analyze tenders;

e) provide the Client or Client’s Representative with the award of contracts;

f) prepare submissions to the opinion of the Specialist Commissions Contracts Control, for contracts within the jurisdiction thereof;

g) examine and give a technical opinion on the draft contracts and any amendments made by the Client or the Client’s Representative.

ARTICLE 113:

(1) A (01) Procurement Commission is created with the Client or the Client’s Representative by the Public Procurement Authority.

However, the proposal of the Client or the Client’s Representative, other Commissions Procurement can be created by the Public Procurement Authority, due to the volume of business, the nature of services or the location of services.

(2) The list of fees Procurement created and the composition of such committees shall be forwarded to the agency responsible for the regulation of public procurement by the Client or the Client’s Representative.

ARTICLE 114:

(1) Special Commissions Procurement can be created as required by the Public Procurement Authority depending on the conditions of funding for certain projects.

(2) In the case referred to in paragraph (1) above, the act of creation shows the composition of the Special Committee, sets the skills it and the responsibilities of the project manager.

SECTION I

COMPOSITION AND OPERATION

ARTICLE 115:

(1) Tenders Boards placed contracts with project owners consist of the following:

a) For project owners within ministerial departments and the like:

– One (1) appointed by the President of Procurement Authority, on the recommendation of the Contracting Authority;

– Two (2) representatives of the Employer;

– The financial controller with the Client;

– One (1) representative of the Ministry of Public Investments appointed by the Head of this ministry;

– One (1) Secretary appointed by the Client.

b) For project owners within the decentralized territorial communities:

– One (1) appointed by the President of Procurement Authority, on the recommendation of the Contracting Authority;

– Two (2) representatives of the Employer;

– The financial controller with the Client or the Receiver to the decentralized local authority concerned if any;

– One (1) representative of the supervisory authority having territorial jurisdiction;

– One (1) Secretary appointed by the Client.

c) For project owners within public institutions and companies in the public and broader public sector:

– One (1) appointed by the President of Procurement Authority, on the recommendation of the Contracting Authority;

– Two (2) representatives of the Employer;

– The financial controller with the Client if applicable;

– One (1) representative from the administration of technical supervision;

– One (1) Secretary appointed by the Client.

(2) The establishment of the Procurement Commission under

paragraph (1) above shall be established by decision of the Owner.

ARTICLE 116:

(1) Tenders Boards placed with Delegated Contracting Authority Markets include:

a) Provincial Governors and Prefects department:

– One (1) appointed by the President of Procurement Authority, on the recommendation of Client’s Representative;

– The territorially competent representative of the Client concerned;

– The territorial jurisdiction Controller Finance or his representative;

– The competent local representative of the Ministry of Public Investments or his representative;

– One (1) representative of the Client Services Officer;

– One (1) Secretary appointed by the Client’s Representative;

b) for the heads of diplomatic missions of Cameroon abroad, an act of the Public Procurement Authority shows the composition of the Board of Procurement and modalities of its operation.

(2) The establishment of the Procurement Commission under paragraph (1) above shall be established by decision of the Client’s Representative concerned.

ARTICLE 117:

(1) On the proposal of the Client or Client’s Representative, the Chairpersons of Procurement shall be appointed by the Public Procurement Authority for a period of two (2) years, renewable once.

However, in case of a serious breach, it may be terminated at their functions.

(2) The Chairmen and members of Commissions Procurement are chosen from among persons enjoying a good character and mastering the rules and procedures for procurement. They are subject to the reserve requirement.

ARTICLE 118: In the case of projects running on more than one department, the committee responsible for awarding the contract is that of the place where the credit.
ARTICLE 119:

(1) The Board of Procurement shall be convened by its Chairman who ensures proper operation.

As such, the President

– Proposes an agenda to adopt in plenary;

– Fixed the date, time and place of each meeting;

– Sign the minutes of each meeting;

– Transmits the analysis and / or grant proposals to the Client or Client’s Representative reports;

– Establishes a semi-annual report activities that address the Client or Client’s Representative with a copy to the Public Procurement Authority and the agency responsible for the regulation of public procurement;

– Forward for conservation and archiving the body responsible for the regulation of public procurement within a maximum of seventy-two (72) hours from the completion of the commission, all documentation relating to cases handled by the Tenders Board Markets, including:

· The tender or quotation requests approved by that commission records;

· The minutes of meetings;

· Review the tender signed and any additives;

· Minutes of the bid opening;

· Analysis reports offers adopted;

· Note written by non-signatory of the analysis report or summary report, if any members;

· The initialed copies of the offers of bidders;

· The results of its deliberations on the proposed allocation of the sub-committee for evaluation of bids;

· Queries of bidders and responses thereto;

· Copies of the newspapers containing the publications of the invitation to tender and addenda to the tender documents.

(2) The President of Procurement Commission may invite any person to take part in the work of the commission in an advisory capacity, because of its jurisdiction over the items on the agenda.

(3) The notices and records to be examined by a Commission Tenders must reach members and independent observer in a minimum of seventy-two (72) hours prior to the meeting.

(4) The Client or the Client’s Representative transmitted to the body responsible for the regulation of public markets, conservation and archiving of procurement documents within its jurisdiction, in the following time limits:

– Forty-eight (48) hours notice of the tender result of grant contracts and amendments after their signature;

– Seventy-two (72) hours for any other document.

ARTICLE 120:

(1) The President is the AOD Budget Commission Procurement.

(2) The operating expenses of the Committee on procurement are supported by the budget of the Client or the Services under the Public Procurement Authority for Delegated Contracting Authority.

(3) The Presidents, members and secretaries of Procurement Committees are entitled to a session whose amount is set by the Public Procurement Authority, on a proposal from the agency responsible for the regulation of public procurement.

ARTICLE 121: Under the authority of the President of the Commission of Procurement, the Secretary under sections 115 and 116 of this Code:

a) keep a register of contracts examined by the said Commission;

b) is in a tamper-proof and numbered register, acquired from the agency responsible for regulating public procurement, minutes of meetings whose extracts are regularly transmitted to the latter;

c) ensure the proper maintenance of records of contracts awarded by the commission markets;

d) prepare and countersign the minutes of each meeting.
ARTICLE 122:

(1) Procurement Commission may validly deliberate without the presence of the President, two (2) members and the Secretary. In addition, it can only hear cases in the presence of the Independent Observer, under the conditions laid down in Article 150 of this Code.

(2) The resolutions of the Commissions of Procurement shall be taken by simple majority of members present. In case of a tie the Chairman shall have the casting vote.

(3) A quorum is not required when the Procurement Commission seat for the opening. However, the presence of the President, the Secretary and the Independent Observer is required, in accordance with Article 150 of this Code.

ARTICLE 123:

(1) The Commission Procurement has a maximum of fifteen (15) days from the date of receipt of a case to decide, not including the time allocated to the sub-committee for analysis offers.

(2) The period of fifteen (15) days may be reduced to five (05) days when the emergency requires.

SECTION II

METHODS OF EXAMINATION OF RECORDS

Paraqraphe 1

Markets tender

ARTICLE 124: The records are subject to review by a committee of Procurement by the Client or the Client’s Representative.

They must contain in particular:

a) for the tender examination of the record:

– An introductory note from the Owner or the Owner Master Officer concerned;

– Documents certifying the availability of funding or budget allocation;

– The tender dossier itself, including the draft invitation to tender, instructions to tenderers or regulation of the tender evaluation criteria, the model the proposed contract, the specifications technical specifications, studies and plans, if any reports;

b) for the opening of bids:

– A copy of the notice of invitation to tender and subsequent additives published by the press;

-, The register of tenders;

– A copy of the instructions to bidders and / or the specific regulations of the call for tenders for the submission of tenders;

c) for the award:

– The minutes of the opening session of the folds;

– The analysis and possibly the synthesis report signed by the members of the Subcommittee analysis report;

d) for review of procurement:

– A memorandum to the Client or the Client’s Representative concerned;

– The minutes of the meeting of awarding the contract;

– The minutes of negotiations, if any;

– The proposed contract signed by the Contractor;

e) for the consideration of draft amendments:

– An introductory note of the Client concerned;

– Preliminary study justifying the proposed amendment. if any;

– The core market and, if necessary, amendments already made;

– The trial record of receipt, if applicable;

– The proposed amendment signed by the co-contractor of the Administration.

ARTICLE 125:

(1) Where the Commission conducts Procurement bid opening, the President shall ensure that prior to participating for tenders to be received within the time prescribed by the regulations before pronouncing the opening the session.

(2) The Chairperson of the Commission of Procurement shall ensure that the folds are closed and sealed. It makes opening, checks the compliance of administrative documents submitted by bidders and initial offers and administrative documents.

(3) give or cause public reading of administrative documents and the key elements of such offers. the amount for financial bids. the discounts and deadlines.

(4) The opening of the envelopes containing the tenders meeting is not public. Bidders are invited to attend or to be represented. The number of representatives per bidder is limited to one (01), even in case of consortium.

(5) At the end of the opening. copies of tenders are entrusted to a sub-committee chaired by a representative analysis of the Client or Client’s Representative and designated by the Board of Procurement.

(6) It is established forthwith. a record of the bid opening that mentions the admissibility of bids, their administrative regularity. their prices, discounts and deadlines as well as the composition of the Subcommittee analysis. A copy of the minutes to which is attached the sheet is given to all participants at the end of the session.

(7) The President shall ensure the conservation of the original offerings, including those rejected.

(8) The Commission shall determine the duration of evaluation of technical and financial bids. This period may in no case exceed thirty (30) days.

ARTICLE 126:

(1) The Client or the Client’s Representative launches tender or award contracts on a proposal from the Commission Procurement for contracts not covered by the jurisdiction of the Special Commissions Contracts Control . It must notify its decision to the President of the said Commission within five (05) days from the date of receipt of the proposal from the Commission.

(2) When the Client or the Client’s Representative does not approve the proposal, it must request a reconsideration of the case by the Commission, stating his reservations, within seven (07) days from the date of receipt of the proposal of the committee concerned.

(3) After review, the President of the Commission Procurement notify the results of the reconsideration to the Client or Client’s Representative.

(4) If the disagreement persists

– Phased adoption of tender or project review market or endorsement, the Client or the Client’s Representative launches tender or to sign the contract file or endorsement. In this case, the Commission Procurement mention at every stage of the proceedings in the minutes of the meeting, its reserves;

– To award phase, the Client or the Client’s Representative shall award the contract and report to the Public Procurement Authority. In this case, the publication of results is subject to the decision of the Authority for Public Procurement.
Paraqraphe 2
Markets ERQs to ERQs

ARTICLE 127:

(1) The Client or the Client’s Representative asks the Public Procurement Authority, prior authorization to award the contract according to the procedure of OTC. His request must be substantiated.

(2) The Public Procurement Authority reviews the application and notifies the answer.

(3) In case of agreement and subject to the provisions of Article 128 (3) below, the Client or the Client’s Representative shall direct, no obligation consultation publicity of at least three (03) companies except in the case referred to in Article 29 (a) and (d) of this Code.

ARTICLE 128:

(1) The tender documents, bids from tenderers and authorization OTC are subject to the Procurement Committee for consideration. It has a period of seven (07) days to submit its proposal for award.

(2) For contracts not under the jurisdiction of the Commission Specialised Contracts Control, the Client or the Client’s Representative award the contract.

(3) For contracts referred to in Article 29 (c) of this Code, the Client or the Client’s Representative directly award the contract as soon as the authorization of the Public Procurement Authority is given . In this case, the project market along with permission to OTC, the tender documents, the offer of the successful tenderer and the evaluation report is submitted to the Procurement Committee for opinion. The commission has a five (05) days to issue its opinion.

(4) For other than those referred to in paragraph markets (2) above, the Client or the Client’s Representative send the case to the Commission for the Control of Specialized Markets responsible for opinions. This Commission has a period of seven (07) days to issue its opinion.

(5) Pursuant to Article 22, the candidate must provide an administrative record before the final award.

TITLE

ORGANS OF CONTROL OF PROCUREMENT

CHAPTER I

SPECIALIZED COMMITTEES OF CONTROL OF MARKETS

ARTICLE 129:

(1) Specialised Control Board Markets are technical bodies placed with the Public Procurement Authority, in charge of a priori control of procedures for the award of public contracts initiated and conducted by the project owners or masters of ‘Work Delegates.

As such, they issue an opinion on:

– Records of tenders prepared by the project owners or Delegated Contracting Authority and adopted by the Commissions of Procurement and the process of procurement;

– Proposals for the award of the Masters of the Authority or Delegated Contracting Authority;

– Draft contracts and any amendments thereto.

(2) They are captured by the project owners or the Delegated Contracting Authority in accordance with the nature of the services for markets including the amounts exceed the thresholds set out in Articles 130, 131, 132 and 133 of this code.

(3) These include:

– The Specialised Contracts Control Board for Roads and other infrastructure;

– The Specialised Contracts Control Buildings and Public Amenities;

– The Specialized Control General Procurement;

– The Specialised Commission Contracts Control Services and Intellectual Services.

SECTION I

AREAS OF COMPETENCE AND LIMITS

ARTICLE 130:

(1) The Specialised Contracts Control for Roads and other Infrastructure Commission is responsible for:

a)

– Road construction (new construction, rehabilitation and road maintenance);

– The work of roads and other networks;

– Construction of structures (bridges, airports, rail infrastructure, dikes, dams, transmission storage …)

– The hydraulic works, electrification and telecommunications.

ports, and

b) supplies and ancillary facilities directly or indirectly related audit work (gutters, distribution of drinking water, electricity, telephone and gas …)

c) studies, the benefits of Project management and other geotechnical and topographical services related to the activities listed in paragraphs a) and b) above.

(2) It shall examine the works contracts in excess of one (1) billion CFA francs and those studies, supplies and services listed above services related thereto.

ARTICLE 131:

(1) The Specialised Contracts Control Buildings and Public Amenities Committee is responsible for:

a)

– The work of buildings (construction, rehabilitation, upgrading and maintenance …);

– Development work plazas, parks, sports grounds and recreation;

b) supplies and ancillary facilities directly or indirectly related to those activities;

c) studies, the benefits of project management and other geotechnical and topographical services related to the activities listed in a) and b) above.

(2) It shall examine the works contracts in excess of 500 million CFA francs and those studies, supplies and services listed above services related thereto.
ARTICLE 132:

(1) The Specialised Control General Procurement Commission is responsible for:

a)

– The supply of office equipment;

– The provision of books, school, teaching and learning materials;

– The supply of drugs, supplies, sanitation facilities and biomedical equipment in the fields of public health, animal health and fisheries;

– Agricultural inputs and raw materials;

– The supply of the electronic equipment;

– The supply, installation and maintenance of computer hardware and networks and associated software;

– The provision and maintenance of vehicles and equipment.

b) other supplies not under the jurisdiction of another Commission Contracts Control;

c) studies, definitions, choice of hardware and software implementation.

(2) It shall supply contracts for an amount greater than one hundred fifty (150) million FCFA for those indicated above studies on the topic.

ARTICLE 133:

(1) The Specialised Contracts Control Services and Intellectual Services Commission is responsible for:

a) various studies related to the development and implementation of sector strategies;

b) the delegation of public services, with the exception of the subject of specific provisions;

c) audits, investigations, inspections and insurance benefits;

d) all other benefits of an intellectual nature or services.

(2) It shall for contracts in excess of one hundred (100) million FCFA.

ARTICLE 134: When the services to meet the same tender is divided into lots or when several tenders relating to benefits of the same nature or are due on the same budget line, the total estimated amount of all the contracts to be taken into account in determining the threshold of competence of the Commission.
SECTION II
COMPOSITION AND OPERATION

ARTICLE 135:

(1) Specialised Contracts Control Commissions are composed as follows:

a) for the Specialized Commission Contracts Control for Roads and other infrastructure:

– A President;

– A representative of the Presidency of the Republic;

– A representative of the Prime Minister;

– A representative of the Ministry of Finance;

– A representative of the Ministry of Public Investments;

– A representative of the Civil Society designated according to its proven expertise in the area concerned;

– A representative of the Ministry of Public Works;

– A representative of the Ministry of Urban Development and Housing;

– A representative of the Ministry of Mines, Water and Energy;

– A representative of the Ministry of the City;

– A representative of the Ministry of Transport;

b) for the Commission Specialised Contracts Control Buildings and Public Amenities:

– A President;

– A representative of the Presidency of the Republic;

– A representative of the Prime Minister;

– A representative of the Ministry of Finance;

– A representative of the Ministry of Public Investments;

– A representative of the Civil Society designated according to its proven expertise in the area concerned;

– A representative of the Ministry of Construction;

– A representative of the Ministry of Urban Development and Housing;

– A representative of the Ministry of the City;

– A representative of the Ministry of Mines, Water and Energy;

– A representative of the Ministry of Technical Education;

c) The Specialised Control General Procurement:

– A President;

– A representative of the Presidency of the Republic;

– A representative of the Prime Minister;

– A representative of the Ministry of Finance;

– A representative of the Ministry of Public Investments;

– A representative of the Civil Society designated according to its proven expertise in the area concerned;

– A representative of the Ministry of Commerce;

– A representative of the Ministry of Information Technology;

– A representative of the Ministry of Education;

– A representative of the Ministry of Health;

– A representative of the Ministry of Agriculture;

– A representative of the Ministry of Technical Education;

d) The Specialised Contracts Control Services and Intellectual Services:

– A President;

– A representative of the Presidency of the Republic;

– A representative of the Prime Minister;

– A representative of the Ministry of Finance;

– A representative of the Ministry of Public Investments;

– A representative of the Civil Society designated according to its proven expertise in the area concerned;

– A representative of the Ministry of the City;

– A representative of the Ministry of Culture;

– A representative of the Ministry of Research;

– A representative of the Ministry of Higher Education;

– A representative of the Ministry of Urban Development and Housing;

– A representative of the Ministry of Education.

(2) Representatives of the technical departments must have proven expertise in the areas concerned.

(3) The Chairman and members of the Special Commissions Contracts Control Board are appointed by act of the Public Procurement Authority for a period of two (02) years, renewable once. However, in cases of serious misconduct, it may be terminated function.

(4) Chairmen and members of the Special Commissions Contracts Control are chosen from among persons enjoying a good character and mastering the rules and procedures for procurement.

ARTICLE 136:

(1) For each file to be examined, the President of the Commission of Experts Contracts Control Rapporteur chooses from a list compiled and regularly updated by the agency responsible for the regulation of public procurement, because of its expertise in the area affected by the project.

(2) The Rapporteur examines the technical aspects of the documents received from the Client or the Client’s Representative and prepare and submit a report to the Commission Specialised Contracts Control within a maximum of seven (07) days . He answers any questions from members of the Specialised Contracts Control Board but shall in no circumstances take part in the deliberations.

ARTICLE 137:

(1) The Specialised Contracts Control Commission shall be valid only in the presence of a third of its members, its Chairperson, Rapporteur, the Secretary and the Independent Observer.

(2) It can not deliberate in the presence of a simple majority of its members appointed by the Independent Observer and the Secretary.

ARTICLE 138: The decisions of the Special Commissions Contracts Control Board shall be taken by simple majority of members present. In case of a tie, the Chairman has the casting vote.

ARTICLE 139:

(1) The President of the Specialised Contracts Control Board oversees the operation thereof.

As such, it:

– Proposes an agenda to adopt in plenary;

– Fixed in conjunction with the Permanent Secretary of the day and time of meeting;

– Sign the minutes of each meeting;

– Notify the opinion of the commission in accordance with Articles 142 and 143 below;

– Forward for conservation and archiving the body responsible for the regulation of public procurement within a maximum of seventy-two (72) hours from the completion of the Commission, all documentation regarding cases handled by the Commission.

(2) The Committee may invite any person to take part in the work of the commission, because of its jurisdiction over the items on the agenda.

(3) It is authorizing the budget of the Specialised Contracts Control.

(4) The operating expenses of the Special Commissions of Control Markets are listed on a separate line in the budget of the Services under the Public Procurement Authority.

ARTICLE 140: The Presidents, members and rapporteurs of the Specialist Commissions Contracts Control are entitled to a session whose amount is determined by the act of the Public Procurement Authority, on a proposal from the agency responsible for regulating procurement.

ARTICLE 141:

(1) Specialised Commissions Contracts Control have a Permanent Secretariat responsible for the preparation and monitoring of the work of such committees, headed by a permanent secretary.

In this regard, the Permanent Secretariat:

– Receives the Client or the Client’s Representative, the files sent to the President of the Special Commission for the Control of relevant markets;

– Provides ventilation recorded files;

– Held in a tamper-proof and numbered register, provided by the agency responsible for the regulation of public procurement, minutes of meetings whose extracts are regularly transmitted to the latter;

– Prepare and countersign the minutes of each meeting;

– Maintain a record of contracts examined by the Commission referred to above;

– Establishes a semi-annual report activities that address the Public Procurement Authority with a copy to the agency responsible for the regulation of public procurement;

– Ensure the preservation of documents and perform all other tasks entrusted to him by the President of the Specialised Contracts Control in the work of the Commission.

(2) The organization and functioning of the Permanent Secretariat shall be determined by a particular text.

ARTICLE 142:

(1) Specialised Commissions Contracts Control transmit on each file one of the following opinions:

– Favorable opinion: in this case, the Client or the Client’s Representative continued the proceedings;

– Approval with conditions: in this case, the Client or the Client’s Representative is required to address the issues raised with the reserves before continuing the procedure;

– Unfavorable opinion: in this case, the Client or the Client’s Representative may continue the proceedings without prejudice to the provisions of section 143 below.

(2) They have a period of fifteen (15) days or less from the date of receipt of a complete application to give their opinions and notify the Client or the Client’s Representative. After this period, it is deemed favorable.

(3) Notice of Special Commissions Contracts Control must be motivated.

(4) They can be sent to any interested bidder who made the request.

ARTICLE 143:

(1) The President of the Specialised Contracts Control notifies the Client or Client’s Representative and the body responsible for the regulation of public procurement the opinion of the Commission as follows:

– Within a maximum of forty-eight (48) hours after the date of the work, when said process is a non-objection to the award;

– Within a maximum of seventy-two (72) hours from the date the work to any other notice.

These times do not include non-working days.

(2) In case of agreement, the Client or the Client’s Representative, as applicable, will launch the tender or award the contract and shall notify the Chairman of the said Commission within five (5) days from the date of receipt of the notification of the notice referred to in paragraph (1).

(3) In case of disagreement, the Client or the Client’s Representative shall request a reconsideration of the case by the Commission, stating his reservations, within seven (7) days from the receipt of notification of the results of the deliberations of the Commission concerned.

(4) consideration of the comments of the Specialised Contracts Control by the technical services of the Contracting Authority does not require recourse to the Tenders Board competent Markets.

(5) After review, the President of the Specialised Contracts Control notify the results of the Client or Client’s Representative.

(6) If the disagreement persists between the Client or the Client’s Representative and Specialized Markets Control Commission, it shall notify the final decision to the said Commission within five (05) days the date of receipt of the notification of the final opinion of the Commission.

(7) After this time, the President of the Commission shall, within five (05) days, the matter to the Authority for Public Procurement Arbitration and inform the Client or the Client delegated by separate mail the same day. This appeal is suspensive.

(8) The Public Procurement Authority requires the technical advice of the agency responsible for the regulation of public markets to decide. The latter has a period of twenty-one (21) days to make the required notice.

(9) The decision of the Public Procurement Authority is binding on both parties.

ARTICLE 144:

(1) The Client or the Client’s Representative decides to award the advice of the Special Commission of Control for contracts falling within the jurisdictional threshold of it and publish the results.

(2) Where the amount of a public contract exceeds five (05) billion FCFA, the Client or the Client’s Representative shall, prior to the publication of the results of its decision to submit visa the Public Procurement Authority.

(3) In case of refusal of visa requested, the Public Procurement Authority notifies the Client or Client’s Representative, with a copy to the agency responsible for the regulation of public procurement.

SECTION III

METHODS OF EXAMINATION OF RECORDS

ARTICLE 145:

(1) Applications submitted to the consideration of a Specialized Commission Contracts Control must contain in particular:

a) for the tender examination of the record:

– A memorandum to the Client or the Client’s Representative concerned;

– Documents certifying the availability of funding or budget allocation;

– The tender offers considered and adopted by the Commissions of Procurement, including the opinion, the instructions to tenderers or regulation of the tender evaluation criteria, the model the proposed market study reports and plans, if any;

– The minutes of the meeting to adopt the tender dossier by the Commission of Procurement;

– Report of the Independent Observer thereon;

b) for the award:

– The minutes of the opening session of the folds;

– The approval of OTC, if any;

– The analysis and possibly the synthesis report signed by the members of the Subcommittee analysis report;

– The minutes of the review meeting of the analysis by the Commission of Procurement report;

– The proposal of the Owner or the Owner Master Delegate;

– Report of the Independent Observer thereon;

– Copies of the financial and technical bids of the tenderers, who returned to the Client or Client’s Representative after review of proposed contracts relating thereto;

c) for review of procurement:

– A memorandum to the Client or the Client’s Representative concerned;

– The proposed contract;

– The minutes of the review meeting these projects market by the Commission of Procurement;

– Report of the Independent Observer thereon;

– The proposed contract signed by the Contractor;

d) for the consideration of draft amendments:

– A memorandum to the Client or the Client’s Representative concerned;

– Prior study justifying the proposed amendment, if any;

– The core market and, if necessary, amendments already made;

– The minutes of the review meeting said amendments projects by the Commission of Procurement;

– Report of the Independent Observer thereon;

– The proposed amendment signed by the co-contractor of the Administration.

ARTICLE 146: The meetings and records to be examined by a committee of public procurement must be sent to members and the Independent Observer in a minimum of seventy-two (72) hours prior to the meeting.

ARTICLE 147:

(1) The presentation of a case to the Specialised Contracts Control is provided by a member of the Procurement Commission appointed by the Client or the Client’s Representative. This member is accompanied, if necessary, the project manager or authorized by the Client or the Client’s Representative technician.

(2) The persons referred to in paragraph (1) above shall provide all information to enlighten members of the Specialised Contracts Control. They are required, as necessary, to respond to any questions or comments by those members.

CHAPTER II
THE INDEPENDENT OBSERVER

ARTICLE 148: An independent observer recruited tender by the agency responsible for the regulation of public procurement, attends meetings of the Committee on relevant markets and the work of the Subcommittee of analysis, the effect:

– Assess how the process by notifying each step, the Public Procurement Authority, the body responsible for the regulation of public procurement, the Client or Client’s Representative and Chairman the procurement committee responsible, the failure to comply with the regulations, the rules of transparency and the principles of equity;

– To report practices contrary to good governance in the process of public procurement especially in cases of influence peddling, conflict of interest or insider trading.

ARTICLE 149:

(1) The independent observer receives a copy of all documentation relating to the treaties by the Commission on issues relevant markets.

(2) to address the Public Procurement Authority, the body responsible for the regulation of public procurement, the Client or Client’s Representative, within seventy-two (72) hours of the completion of the commission, said a detailed work and those of the sub-committee analysis report. The Observer address, in the same time, a copy of his report to the Chairman of the Committee may notify the authorities above observations within seventy-two (72) hours of receipt.

(3) The Public Procurement Authority, the body responsible for the regulation of public procurement, the Client or the Client’s Representative reviewing the report of the observer at the same time as the proposals of the Commission accompanied by the minutes of the work. The above authorities shall, as far as possible the recommendations of this report in the procurement process.

ARTICLE 150:

(1) An independent observer assists the work of Procurement Committees and sub-committees of analysis according to the procedures laid down in Articles 148 and 149 above, for all contracts relating to a tender, the amount accumulated lots is greater than or equal to thirty (30) million CFA francs.

(2) It also supports the work of the Specialist Commissions Contracts Control Board in accordance with Articles 148 and 149 above.

ARTICLE 151: Based on the reports of the independent observer or the body responsible for the regulation of public procurement, Public Procurement Authority may cancel the award of a contract in violation of the regulations or outside the rules of transparency and fairness.

CHAPTER III

INDEPENDENT AUDITOR

ARTICLE 152: The independent auditor is a firm established reputation recruited through tender by the agency responsible for the regulation of public procurement.

ARTICLE 153: The independent auditor is responsible for conducting annual audits to post a sample comprising all the above five hundred markets (500) million FCFA and twenty five percent (25%) markets between thirty (30) and five hundred (500) randomly selected million FCFA.

TITLE III

THE BODY OF THE REGULATION OF PUBLIC WORKS

ARTICLE 154: The control, monitoring and evaluation of the procurement system are provided by the Regulatory Agency Procurement.

TITLE IV

INCOMPATIBILITIES

ARTICLE 155:

(1) No person shall be President more than Procurement Commission.

(2) No one shall be Chairman of more than Specialized Contracts Control Board.

(3) No person may be both a Commission President of Procurement and a Specialised Contracts Control Board.

ARTICLE 156:

(1) No person shall be a member of more than two (02) Commissions Procurement.

(2) No person may be both a member of the Procurement Commission and a Commission Specialised Contracts Control.

(3) No person may be both secretary of two committees markets

public.

(4) No person shall hold the office of Permanent Secretary of Special Commissions Contracts Control and belong to a Procurement Commission.

ARTICLE 157:

(1) No member or the secretary of a Commission procurement can not be part of a sub-committee formed by the analysis of the award committee concerned.

(2) No member of a Specialised Contracts Control Board can participate in a Commission Procurement and / or a subcommittee bid analysis.

ARTICLE 158: The function is incompatible rapporteur on the one hand, with the quality of agency staff responsible for the regulation of public markets and secondly, with the staff of the Owner or the Master of Delegate work to which the case is under consideration of the Specialised Contracts Control.

ARTICLE 159: The staff of the body responsible for the regulation of public procurement can not attend the meetings of a committee of public contracts or the work of the subcommittees of analysis, with the exception of those of his own commission markets, as Owner.

SINGLE TITLE

MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 160: The Public Procurement Authority is the Prime Minister. As such, it has all the powers and duties conferred upon it by this Code, including visa, authorization exceptional procedures and arbitration in case of dispute or appeal bidders.

ARTICLE 161:

(1) Members of the Subcommittee « analysis must be of good character, have a good knowledge of procedures and procurement rules, and have the technical competence in the field. They must refrain any action that would compromise their objectivity and, in any case, not have any financial interest, personal or other market-related under review.

(2) In case of conflict of interest, the chairmen, rapporteurs, the representative of the civil society in a Specialised Contracts Control Board, members of the Commissions Procurement and those of sub-commissions analysis and independent observers must report in writing to the agency responsible for the regulation of public markets, subject to the penalties prescribed by the regulations. In this case, then it is their replacement for the relevant markets.

ARTICLE 162:

(1) A President, a member, secretary or rapporteur of a Public Procurement Commission can not be replaced by a person outside the Commission.

(2) If the Chairman of a committee is unavailable for part of the session or for a period not exceeding thirty (30) days, it shall designate one member of the commission to preside over the work. The ad hoc President exercises the full powers provided by this Code.

(3) If it is unavailable for a period exceeding thirty (30) days, it shall inform the Authority of Procurement which means an interim president.

(4) In case of temporary incapacity of a member of a commission, authority connecting appoint an acting member by letter addressed to the Chairman of the said Commission with a copy to the agency responsible for the regulation of public procurement.

(5) The interim stops right at the back of the holder.

ARTICLE 163: The independent observer was allowed during the term of his contract to provide goods, works or services to the authority with which it operates.

ARTICLE 164: The notified prior to the date of entry into force of this Code procurement remain subject to their execution, the provisions which were applicable at the time of notification.

Article 165 shall be repealed all previous texts in this Decree regulating procurement, creation, allocation, organization and functioning of public procurement commissions, including:

– Decree No. 95/101 of 9 June 1995 on the regulation of public procurement, and Amendment No. 2000/155 of 30 June 2000;

– Decree No. 95/102 of 9 June 1995 on the powers, organization and functioning of public procurement commissions, and Amendment No. 2000/156 of 30 June 2000;

– Decree No. 2002/030 of 28 January 2002 on the establishment, organization and functioning of public procurement commissions.

ARTICLE 166: This order will be recorded and published according to the procedure of urgency and inserted in the Official Gazette in English and French / -.

Yaounde, September 24, 2004

The President of the Republic,

(E) Paul Biya