Mutual Agreement -Gré à Gré contracts Cameroon.

Mutual Agreement Contracts or better still Gré à Gré Contracts in Cameroon are exceptional procedures for the award of public contracts and is governed by Article 108 et al of the 20th June 2018 Public Contracts Code.For the project owner to resort to this procedure,the Authority in charge of Public Contracts - the Minister Delegate at the Presidency of the Republic must expressly give his authorization.Article 109 ot the above Code limitatively limits the use of this procedure in four :

-The use of a trade mark,licence or a procedure,knowhow wherein resorting to competition will not be logical given that there is exclusivity ;

-Urgently replacing an entrepreneur or defaulting contractor ;

-Cases if urgency motivated by rebus sic stantibus or force majeure ;

-For the completion of a job that was normally awarded that has been executed.

Given that mutual agreement contracts do not follow the normal procedure,the project owner can decide to :

-Dispense the contractor from the purchase of the tender document ;

-Presentation of the bid bond ;

-Not ask for references etc.

Before the signing of the contract by the project owner,all the procedural documents must be sent to the competent Tender's Board to statuate and give its opinion.

Taiwo Olorunfemi

Energy and Project Finance Lawyer

5 个月

Would this apply to electricity/energy projects?

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