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Public management

The new government procurement rules become effective

The new government procurement rules become effective
  • Comments   -   Tuesday, 26 June 2012 07:21

(Business in Cameroon) - On 19 June 2012, the President of the Republic, Paul Biya, signed a circular stating the terms and conditions of government procurement contract awards, control and delivery. The circular, which represents a reform, according to Paul Biya, seeks to step up transparency in the sector, reduce the government procurement timeframe, and ensure more efficient control and the quality of works undertaken by the State and its components.

The circular draws attention to several reforms. Emphasis is placed on the powers of the Ministry in charge of Government Procurement, which becomes a crucial player in the system. The award of contracts over the counter which was so far been under the responsibility of the Prime Minister, is henceforth entrusted to the Ministry in charge of Government Procurement. This procedure should be exceptional. « It is possible only in one of the limiting cases stipulated in the government procurement code. In this exclusive context, the Minister in charge of Government Procurement may award the contract over the counter, notably those within the powers of the central commissions», the circular explained. This Ministry should ensure that all projects concerning roads, buildings, community facilities and other infrastructure are preceded by geotechnical studies.

Control
The Ministry in charge of Government Procurement, in collaboration with beneficiary administrations, have full powers to control and monitor government contracts. According to this circular, «the ministry in charge of Government Procurement is competent to control the execution of public contracts being performed or already launched, whether they relate to supplies, studies, audits, full or partial contracting authority over roads, buildings or community facilities and other developmental projects, as stipulated in the above-mentioned provisions». The transmission by the contractor, of documents for the payment of services provided will be subject to the prior approval of the Minister in charge of Government Procurement who will give his opinion within three days. The same ministry will, in collaboration with its competent services, undertake unannounced on-site checks of contracts underway to ensure compliance with contract terms and follow-up checks to analyse the behaviour of the completed works.

Letters-orders
The circular also lays special emphasis on the contracting deadline «The government procurement commission has a maximum of 21 days, with effect from the tender opening date, to make its proposed award, including the period granted to the sub-commission to analyse the tenders », the president further stated. The period set for the analysis of technical and financial bids is 7 days maximum. All tenders will be opened at the same time.

The period is10 days if they are opened at two different times, regardless of the importance and type of project, object of the consultation. In case of an emergency procedure, the period is reduced to 5 days, the presidential text further pointed out.
Another innovation relates to the raising of the letter-order ceiling from 5 million to 50 million CfaF. The DG and heads of government departments therefore need to be given a broader field of action. Paul Biya's explanations: Raising the letter-order ceiling to 50 million CfaF is meant to avoid the congestion of the Ministry in charge of Government Procurement, likely to cause slowness and inefficiency in the implementation of identified projects, on the one hand, and on the other hand, avoid the interruption of day-to-day or routine activities of ministries, for which ministers should be able to resort to purchase orders or letter-orders».

According to Paul Biya, the public procurement regulation agency (ARMP) is the supervisor and facilitator of the public procurement system.

Authorizing officers 

Amounts of contracts to be awarded 

Procurement commission 

Deputy Minister attached to the President’s Office in charge of public procurement

At least equal to 50 million CfaF

Central procurement commissions and special procurement commissions

Heads of ministerial Chefs de government departments and other public administrations

Equal to 5 million CfaF and ≤ to 50 million CfaF

Ministerial Procurement Commissions

Regional public procurement delegates

Equal to 5 million CfaF and  ˂ to 50 million CfaF

Regional procurement commissions

Departmental public procurement delegates

Equal to 5 million CfaF and  ˂ to 50 million CfaF With the exception of the procurement of services  and intellectual  performance contracts amounting to a maximum of 15 million CfaF

Departmental procurement commissions

DG, executive heads of decentralized local authorities, heads of projects .

At least equal to 50 million CfaF and less than  500 million CfaF for road contracts and other infrastructure;

At least equal to 50 million CfaF and less than 200 million CfaF for buildings and community facilities contracts;

At least equal to 50 million CfaF and less than 100 million CfaF for general supplies contracts;

At least equal to 15 million CfaF and less than 50 million CfaF for services and intellectual  performance contracts .

Internal procurement commissions

B-O.D.

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