Except by waiver provided for in the Special Administrative Clauses, the Administration’s contracting partner may obtain periodic payments on account.
The conditions for payments on account shall be laid down in the Special Administrative Clauses.
Any payment on account shall be subject to provision of services under the contract, and accepted under the conditions of Articles 157 and 158 of the code, subject to evidence that they have been paid for by the Administration’s contracting partner, where these services were provided by sub-contractors.
In the event of non-payment of a sub-contractor for services already paid for by the Project Owner, the latter may use coercive measures against the contractor holder, including direct payment to the sub-contractor.
The main contractor shall have a maximum of thirty (30) working days from the date of receipt of the invoice to pay the sub-contractor.
The sub-contractor may be paid by the Project Owner where the amount of the service sub-contracted to a single sub-contractor is more than or equal to 10% (ten per cent) of the total amount of the contract and any amendments thereto, or when it is established that the main contractor is engaged in fraudulent practices vis-à-vis the subcontractor.
In case of direct payment by the Project Owner or the Delegated Project Owner, the main contractor shall have fifteen (15) working days, from the date of receipt of invoice supporting documents, to express his acceptance or reasoned refusal. Beyond this deadline, the principal contractor shall be deemed to have accepted the said documents. Notifications shall be sent by registered mail with acknowledgement of receipt or delivered by hand against receipt. The invoice must comply with the commitments stated in the sub-contract.
Payments to sub-contractors or payments by sub-contracting enterprises or companies to third parties, as remuneration for work done in Cameroon, shall be made in credit institutions approved by the Minister in charge finance.
Sub-contracting enterprises shall take out their insurance policies with Cameroon-based insurance companies.
The amount of a payment on account may not exceed the value of the services to which it relates, after deduction of reimbursed advance payments and the retention bond, where applicable. This value shall be assessed in accordance with the contract provisions.
In case of payments on account made in accordance with the technical execution phases, the contract may fix the amount of each payment on account on a flat rate basis or as a percentage of the initial contract amount. The deductions referred to above shall apply under the same conditions.
Payments on account must be made monthly or at an interval agreed between the Project Manager and the Project Owner’s representative.
Payments on account may be spread over the contract period, according to periodic deadlines, or depending on technical execution phases, as specified under the contract.
Payments on account shall be made no later than ninety (90) working days from the date the reports giving entitlement to payment are forwarded to the competent accountant.
General or special administrative clauses shall specify the periods allowed for the Project Officer or, where applicable, the Project Manager, to produce the documents giving entitlement to payment on account.
In any case, the period for making payments on account may not exceed 60(sixty) working days from the date of forwarding the draft partial payment document to the Project Manager, provided the document does not require correction.
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