REPUBLIC OF CAMEROON
PEACE – WORK – FATHERLAND
DECREE No. 208/355 OF 12 JUNE 2018
to lay down common rules applicable to contracts awarded by public undertakings.
The President of the Republic,
Mindful of the Constitution;
Mindful of Law No. 73/7 of 7 December 1973 relating to the preferential claim of the Treasury to safeguard public funds;
Mindful of Law No. 74/18 of 5 December 1974 concerning the control of authorising officers and vote holders of the State, of Local Authorities and of State undertakings, as amended by Law No. 76/4 of 8 July 1976;
Mindful of Law No. 2017/11 of 12 July 2017 on the General Rules and Regulations governing public undertakings;
Mindful of Decree No. 2001/048 of 23 February 2001 relating to the creation, organization and functioning of the Public Contracts Regulatory Agency, as amended and supplemented by Decree No. 2012/076 of 8 March 2012;
Mindful of Decree No. 92/408 of 9 December 2011 to organise the Government, as amended and supplemented by Decree No. 2018/190 of 2 March 2018,
Hereby decrees as follows:
Chapter I
General Provisions
Article 1: This decree lays down the common rules applicable to the award and control of the execution of public contracts of public undertakings.
Article 2: Contracts awarded by public undertakings shall be based on the principles of competition, equity in the treatment of candidates, transparency and fair pricing.
Article 3: This decree shall apply to any public contract financed or co-financed by:
a) the budget of a public undertaking;
b) foreign, bilateral or multilateral aid funds;
c) loans guaranteed by the State on behalf of a public undertaking.
Article 4: (1) Notwithstanding the provisions of article 3 above, provisions hereof may only apply to contracts concluded within the context of international agreements signed by the State where such provisions are not contrary to those of the said agreements.
(2) The provisions of this decree shall not apply to:
a) services falling under purchase orders whose amount is set by a resolution from the Board of Directors considering the specificities of the undertaking; b) contracts meant for the acquisition or lease of developed or undeveloped land; c) the acquisition of petroleum products meant solely for the vehicles of the public undertaking concerned.
Article 5: Within the meaning of this Decree, the following definitions shall apply:
a) Independent auditor: a renowned consultancy hired by the body in charge of the regulation of public contracts to conduct an annual audit of contracts; b) Authority in charge of Public Contracts: the authority at the head of the government body competent in the domain of public contracts; c) Additional clause: contractual document amending some clauses of the initial contract to adapt it to events occurring after the signature of the latter; d) Contract Manager: a natural person authorised by the project Owner to provide general administrative, financial, and technical assistance at the definition, preparation, implementation and acceptance phases of the services provided for in the contract;