The Convergence Criteria with regards to Public Contracts in the CEMAC Sub-Region.The case of Cameroon.

The convergence criteria of the CEMAC (Central African Economic and Monetary Community) regarding public procurement are standards and principles that member countries must adhere to in order to harmonize and facilitate the management of public procurement in the Sub-Region. These criteria are defined within the framework of regional integration and aim to ensure transparency, fair competition, and good governance in the management of Public Procurement.

Here are the main convergence criteria related to public procurement in CEMAC:

1. Transparency and Good Governance: Procurement procedures must be transparent, accessible to all economic actors, and based on clear public rules. Transparency includes the publication of calls for tenders and access to information on contract awards.This is provided for in the 20th of June 2018 Public Contracts Code in Article 2 and same Article 2 the 12th of June Common Rules applicable to Contracts of Public Enterprises in Article
2. Respect for the Principles of Competition and Non-Discrimination: Public procurement must be open to all suppliers and service providers without discrimination. The rules must ensure competition among companies to obtain quality offers at the best price.This is provided for in Article 2 of the afore-cited Decree in Cameroon.Exceptions here have to do with exceptional procedures like Mutual Agreement Contracts in Cameroon per Article 108 et seq of the 20th of June 2018 Public Contracts Code and Special Contracts.National Preference also applies here to favour indigenous SMEs.
3. Streamlining of Procedures: CEMAC encourages the streamlining of procurement procedures to make them more efficient and avoid excessive delays. This includes the establishment of simplified mechanisms for small contracts while ensuring compliance with transparency and control .In Cameroon for instance,there is the use of Request for Quotation which is a simplified procedure for Jobbing Orders (Contracts of from 5 million to below 50 million).There are equally some contracts that have been reserved for SMEs,Craftsmen and Civil Society Organizations.
4. Use of an Electronic Procurement System: Electronic information systems are to be established for managing public procurement, allowing for the digital management of calls for tenders, awards, and contracts, thereby ensuring greater transparency and .In Cameroon,there is the increasing use of the Cameroon Online E-Procurement System (COLEPS).
5. Capacity Building: Member countries are encouraged to strengthen their institutional and human capacities for the effective management of public procurement. This includes training public agents and setting up effective regulatory and control bodies.In Cameroon,the Agency for the Regulation of Public Contracts is the Authoritative body with regards to training actors involved in the system in application of Article 48 and others of the 20th of June 2018 Public Contracts Code.The Ministry of Economy and donor institutions like the World Bank have tremendously sponsored these trainings.
6. Control and Monitoring of Public Procurement: States must establish control and monitoring mechanisms for public procurement to ensure compliance with the rules and prevent abuses, including corruption.In Cameroon,while the internal services of the Project Owner like the Control Engineer carry out internal control,external control of Award and Execution of Public Contracts is carried out by the Ministry of Public Contracts in application of Article 47 of the 20th June 2018 Public Contracts Code.Control Managers intervene with regards to contracts of above 250 Million for Works and 500 Million for Supplies.
7. Payment of Received Contracts:Payments of received contracts should intervene within 90 days after reception of the contract.If not respected,interest on moratorium or late payment authomatically falls in place.This represents the BEAC interest rate increased by one point of day as a function of the year.
8. Harmonization of National Regulations: CEMAC countries must gradually harmonize their national legislation and regulations regarding public procurement to facilitate exchanges and cross-border cooperation.

These criteria aim to create a common legal and administrative framework for the management of Public Procurement at the CEMAC Sub-Regional level, in order to foster a more favorable and competitive business environment. They also aim to promote economic growth and ensure optimal use of public resources.

Berka Dzekem,IPRF,MMP,MCP,MFP - President of the Cameroonian Association of Public Procurement Practitioners,Lecturer ENAM - Expert on Public Finance and Public Contracts CEMAC.