GENERAL INTRODUCTION

CONTEXT AND BACKGROUND

Public contracts in Cameroon are regulated by the public contracts code. Public contracts in Cameroon opportunities are instituted based on the principle of freedom of access to public procurement, equal treatment of candidates and transparent procedures. Obtaining public contracts in Cameroon, how public contracts in Cameroon are awarded, public contracts in Cameroon opportunities and public contract funding are governed by the code. The scope of public contracts applies to contracts financed or co-financed by; The state budget, External, bilateral or multilateral aid funds, Loans guaranteed by the state,

The budget of a public establishment, a public or semi-public corporation, or a local authority

However, contracts concluded within the context of international agreements signed by the state only in its provision, which are not contrary to the said agreements shall fall under the scope of public contracts.

An agreement to perform a particular task to benefit the community at large that is financed by government funds. Federal, state, and local governments enter into contracts to purchase goods and services. The construction of public buildings, highways, bridges, and other structures is governed by a well-defined contractual process of competitive bidding that seeks to protect the public against the squandering of public funds and prevent abuses such as fraud, favouritism, and extravagance.

A public contract is a legally enforceable commitment of a party to undertake the work or improvement desired by a public authority. Public contracts are largely governed by the general law of contracts. Private individuals and corporations are held to stricter standards in their dealings with the government than in their private dealings. Conversely the government must deal fairly with those who contract with it. It can enter contracts within the limitations imposed by constitutional and statutory provisions. In addition, federal laws must be observed because most public projects receive financial aid from the federal government.

HISTORICAL BACKGROUND OF PUBLIC CONTRACTS IN CAMEROON

Public contracts in Cameroon have a complex historical background marked by challenges related to corruption, favoritism, lack of transparency, and inefficiencies. These issues have had detrimental effects on the country’s economic growth, eroded public trust, and compromised the quality and timely delivery of public infrastructure projects. Corruption has been a persistent problem in Cameroon’s public procurement system. Transparency International’s Corruption Perceptions Index consistently ranked Cameroon poorly in terms of corruption perception, indicating a long-standing issue within the country’s public contracts sector (Transparency International, 2020). The prevalence of corruption has resulted in unfair practices, such as bid rigging and bribery, which have favored certain individuals or companies over others.

Favoritism has also been a significant challenge in the awarding of public contracts in Cameroon. Decisions regarding contract awards were often influenced by personal connections, political affiliations, or nepotism rather than objective criteria. This practice not only undermined fair competition but also led to the selection of less qualified contractors, compromising the quality and effectiveness of public projects. Transparency and accountability have been lacking in the public procurement process in Cameroon. The absence of clear rules, procedures, and oversight mechanisms has created a fertile ground for malfeasance. Without proper checks and balances, there have been limited opportunities for public scrutiny and citizen participation, hindering efforts to prevent corruption and ensure fair and equitable distribution of contracts.

Furthermore, inefficiencies and delays have plagued the public contracts sector in Cameroon. Administrative bottlenecks, lengthy approval processes, and inadequate project management have contributed to project delays and cost overruns. These inefficiencies have not only led to increased project costs but also hindered the timely completion of critical infrastructure projects, impacting socioeconomic development. The cumulative effect of these challenges has been detrimental to Cameroon’s development aspirations. The compromised quality of public infrastructure projects, coupled with delays and cost overruns, has impeded economic growth and hindered the provision of essential services to the population. Interventions to address these challenges led to the establishment of regulatory agencies responsible for overseeing and regulating the award of public contracts in Cameroon. These agencies aim to promote transparency, accountability, and fair competition in the public procurement process (Fakhfakh & Mabrouki, 2018). By implementing standardized procedures, clear criteria, and robust oversight mechanisms, these regulatory agencies seek to mitigate corruption risks, enhance efficiency, and improve project outcomes.

In the first years of independence and until October 1970, Cameroon applied a regulation of Public Procurement resulting from the French regulation, in particular Decree No. 59/144 of 14 August 1959. This period is marked by the decentralized system of public procurement for the benefit of the various contractors. From the 1970s a major reform took place[1] , resulting in a new regulation, always inspired by the French regulation and above all, from 1978 by the desire to centralize the management of public contracts with the Central Directorate of markets[2]. This Directorate operated until 25 August 1984, when its responsibilities were officially transferred to the Ministry of Information Technology and public procurement[3]. This arrangement was again amended by two important decrees of 1986 and 1987[4]. The organization described above functioned officially until the decree establishing and attributing the General Directorate of Grand works of Cameroon (DGTC)[5] . The creation of the DGTC was a response to the reaffirmation of the desire to centralize the management of public procurement, along the lines of the Ivorian model. In its creation, the DGTC was provided with truly exorbitant opportunities and resources that contributed to the marginalization of the building blocks, thus creating a strong hostility within government departments and administrations.

The 1957 reform reflected a decentralized organization that gave construction managers considerable room for manoeuvre. But this autonomy has not been sufficiently framed by tight controls which normally characterise decentralised systems. The first response to this limit was the creation of a Public Procurement Regulatory Agency in 2001[6].

In order to make public contracts transparent, Cameroon adopted in June 2000 a new regulation of public contracts. The most salient points are the following: The fractioning of public contracts is forbidden. Authors of established markets in violation of this regulation are likely to be sanctioned; An independent observer recruited by a call for tender by the authority in charge of public contracts must participate in the sessions of the commissions for the market and sub commissions of analysis; A consultancy of international renown must realise later, Audits covering ail markets greater than CFA 500 million, and 25% of markets included between CFA 30 Million and 500 Million, chosen randomly; Every public order must be subject to a large consultation of eventual service providers through the competition procedure PRC(2022). 

The second response is given by the reform resulting from Decree No. 2004/275 of 24 December 2004 on the public procurement code, which places particular emphasis on the role of Public Procurement control and regulatory bodies. Moreover, the Cameroonian Public Procurement Code reflects a desire for efficiency that is justified through two elements: the requirement of protection and the need to guide.

A new organisation of public procurement was launched in 2012. The 08 March 2012 the president of the Republic of Cameroon signs three important decrees that bring profound changes in the public procurement sector in Cameroon. The first decree establishes, organizes and operates public procurement commissions[7]. The second decree concerns the organization of the Ministry of Public Procurement[8]. The third decree deals with the creation, organisation and functioning of the Public Procurement Regulatory Agency[9]. After several reforms of the Code of Public Procurement in Cameroon, the president of the Republic of Cameroon publishes a decree on the code of Public Procurement[10] . This new code is full of renovating elements such as expertise in the control of the execution of public contracts, the search for efficiency in the control of the execution of public contracts, the intervention of the minister responsible for public contracts in the control of execution. This study makes it possible within the scientific framework to respect the degree of control procedures for the performance of public contracts. It is important to note that, the administration must choose the best offer, but also the company qualified for the execution of public contracts in Cameroon[11] .

The development of the state depends on its system of Public Procurement, which is why the emphasis must be on regulating ad monitoring the execution of public procurement in order to achieve good state construction[12]. It must therefore be said that public procurement occupies a prominent place in the execution of Public Procurement in Cameroon.

[1] Decree No. 70/DF/1530 of 29 October 1970 regulating public procurement, supplemented and amended by Decree No. 75/513 of 05 July 1975. Decree No. 79/035 of 2 February 1979 on the regulation of Public Procurement, as amended by decrees No. 80/272 of 18 July 1980, 81/151 of 13 April 1981 and 82/12 of 8 January 1982.

[2] Decree No. 78/487 of 9 November 1978 establishing the Directorate for markets, as amended by decrees No. 80/273 of 18 July 1980 and 82/331 of 19 July 1982.

[3] Decree No. 84-1104 of 25 August 1984 on the organization of the Ministry of Information Technology and public procurement, created by decree No. 86/935 of 28 July 1986 on the organization of the government, amended by Decree No. 86/935 of 28 July 1986 on the reorganization of the Ministry of Information Technology and public procurement

[4] Decree no 86/903 of 18 July 1986 regulating public procurement, as amended by decree no 87/395 of 18 March 1987.

[5] Decree No. 88/1671 of 8 November 1988 establishing and establishing the powers, organisation and operating rules of the Directorate for major works. Decree No. 93/307 of 18 November 1993 reorganizing the DirectorateGeneral for major works (DGTC).

[6] Decree of 2 February 2001 establishing, organising and operating the Public Procurement Regulatory Agency

[7] Decree No. 2012/074 of 8 March 2012 establishing, organizing and operating public procurement commissions.

[8] Decree No. 2012/075 of 8 March 2012 on the organization of the Ministry of Public Procurement.

[9] Decree No. 2012/076 of 8 March 2012 amending and supplementing certain provisions of Decree No. 2001/048 of 23 February 2001 establishing, organising and operating the Public Procurement Regulatory Agency.

[10] Decree No. 2018/366 of 20 June 2018, on the Code of Public Procurement in Cameroon

[11] Advice and training on public procurement in Africa for administrations and agents. http://www.marchespublics-afrique.com/conseil/conseil-et-formation-sur-les-marches-publics-en-afrique Consulté le 24 mai 2019.

[12] NAFIOU (D.), La transparence dans les marchés publics aux communaux au Cameroun, mémoire en vue de l’obtention de master en droit public, Université de Ngaoundéré, 2014/2015, pp. 215 et s.