PROJECT OWNERS AND DELEGATED PROJECT OWNERS
The preparation of the procedure and award of a public contract shall be incumbent on the Project Owner, who shall be a natural person heading a ministry or similar entity, a regional and local authority, or a public establishment benefitting from the services provided for in the contract.
As such, he shall be responsible for:
(a) Carrying out preliminary studies and, in conjunction with the relevant government services, ensuring the maturity of projects to be included in the budget;
(b) Preparing the draft contract award and execution plan;
(c) Providing funds;
(d) Preparing tender documents;
(e) Publishing invitations to tender;
(f) Awarding contracts;
(g) Signing and notifying contracts;
(h) Terminating public contracts;
(i) Submitting periodic contract award and execution reports to the Ministry in charge of public contracts and to the public contracts regulatory body.
A private law corporate body receiving financial support or financial guarantee derived from public resources shall also be considered as a project owner within the meaning of the Public Contracts Code.
The Project Owner may entrust to a Delegated Project Owner, a person governed by public or private law operating in his name and on his behalf, all or part of the following duties:
(a) Definition of the administrative and technical conditions under which the relevant project will be implemented;
(b) Receipt of bids;
(c) Organization and conduct of the contract award procedure up to the signing thereof;
(d) Management of contracts awarded in the name and on behalf of the Project Owner;
(e) Payment of allottees;
(f) Project acceptance;
(g) Implementation of all actions related to the above-mentioned duties.
Besides regional or divisional delegates of government services and public establishments that are beneficiaries of services, delegated project owners shall be heads of Cameroon’s diplomatic missions abroad, heads of purchasing pools set up for bulk orders and centralized purchases, as well as heads of project units receiving external financing.
The relations between the Project Owner and the Delegated Project Owner shall be governed by an agreement or any other authorization which, among other things, provides for the duties assigned to the Delegated Project Owner, as well as conditions for the technical, financial and accounting control carried out by the Project Owner at various stages of the project, except regional or divisional delegates of government services and public establishments.
The establishment, organization and functioning of purchasing pools shall be laid down by a separate instrument of the Authority in charge of public contracts.
INTERNAL PUBLIC CONTRACTS ADMINISTRATIVE MANAGEMENT ENTITIES
Internal public contracts administrative management entities shall be established under Project Owners and Delegated Project Owners to provide assistance in the discharge of their duties, particularly during:
(a) Project maturation;
(b) The preparation and monitoring of contract award plans;
(c) The preparation of draft tender documents in conjunction with the technical services of the Project Owner or the Delegated Project Owner concerned;
(d) Receipt of bids;
(e) The finalization of draft contracts and contract amendments for approval;
(f) The preparation of project introductory notes;
(g) The filing of documents;
(h) The transmission of documents produced during the award and execution of public contracts;
(i) The drafting of quarterly, half-yearly and annual contract award and execution reports.
The functioning of internal public contracts administrative management entities shall be organized by a separate instrument.
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