PPP in Cameroon

Partnership contracts and public contractsThe Partnership Contract is a new public procurement method; a system of exceptional arrangements with specific rules different from those applied to Public Contracts. A Partnership Contract is not a Public Contract and as such, it is not subject to the provisions of the Public Contract Code.PUBLIC CONTRACTS AND PARTNERSHIP CONTRACTS Types of Partnership ContractsIn Cameroon, in accordance with the current regulatory framework, there are basically two types of partnership Contracts depending on the mode of remuneration of users: Type 1: Capital-intensive Partnership Contract. Here, the public entity allows the private partner to design, fund, construct and operate a public utility service...High Authority of Partnership ContractsThe Prime Minister is the High Authority of Partnership Contracts (Article 2, Decree No. 2008/035). To this end, he has the power of revision. The Prime Minister can delegate this power to the public entity that initiates the project. The signing of the Partnership Contract rests with the public entity that initiates the project.  Project Owner in a Partnership ContractIn contrast to the traditional Public Contract regulated by the provisions of Decree No. 2004/275 of 24 September 2004 to law down the Public Contract Code wherein the public entity is the Project Owner; in a Partnership Contract, it is the private partner who ensures supervision. He may perform part or the whole design of works.Stakeholders in a Partnership ContractThree groups of stakeholders are involved in a Partnership Contract: Public Partner: Government services, local authorities, public corporations, etc. Private Partner: Operators, Developers or Sponsors, Banks, Builders, Financial Institutions, etc. Customer or User of public services: user via a fare or access tax, public purchaser...Fiscal, Financial and Accounting Regime Applicable to Partnership ContractsKey Conditions for the Performance of PPPsIn a nutshell, a Partnership Contract is only possible where the interested public entity, through prior evaluation, brings out the complexity or urgency of the project on the one hand, and cumulatively, makes a comparative analysis of the various available options, public contract, state-controlled management, delegation of service...PPP Contracts: Definition and ObjectivesAs from 2006, Cameroon adopted a legislative and regulatory framework for public-private partnerships to boost infrastructural investments. Indeed, Law No. 2006/012 of 29 December 2006 laid down the General Regime for Partnership Contracts and Law No. 2008/009 of 16 July 2008 laid down the related Fiscal, Financial and Accounting Regime.Risk Sharing in Partnership ContractThe major innovation in the new generation of Public-Private Partnerships is probably in risk sharing which is more balanced than in former Public-Private Partnerships. In the new generation of Partnership Contracts, each partner must bear the risks which he/she can best control, as well as the identification operation.