Soso

THE PRESIDENT OF THE REPUBLIC

Mindful the Constitution;

Mindful the law n° 2006/012 of the 29 December 2006 Fixing the general system of Partnership contracts;

Mindful the decree n° 2004/320 of the 8th December 2004 reshuffling the Government modified and completed by decree n° 2007/268 of the 07th September 2007.

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1

(1) The present decree states the organisation and functioning of the expert organism in charge of assessing
(2) eligible projects of partnership CONTRACTS provided in Section 7 of the law n° 2006/012 of the 29th December 2006 organising the general system of partnership Contracts. The aforementioned organism is named “ Sill Board for Implementing Partnership CONTRACTS”(S.B.IP.A) hereunder standing as “The Board”

Article 2

(1) The Board is placed under the authority of the Prime Minister. It is independent financially and selfgoverned.
(2) Its head office is located at Yaounde

Article 3

(1) The Board’s mission is to contribute, through its expertise, in creating or renewing public infrastructures and equipment, as well as improving the quality of the public service within the framework of bigger technical and financial projects to be achieved through a partnership agreement. Therefore, it is in charge of:
- Elaborating mechanisms implementing contracts;
- Assessing the public projects feasibility within the partnership framework;
- Attending to negotiations, control and monitoring projects;
- Examining any questions in connection with projects to be carried out, mainly in terms of defining priorities and the selection mode of the contracting partner;
- Informing public organisms decentralised territorial communities, business forums and the general public on the public management concept in terms of partnership.
- Promoting better practices in the building and managing public projects within the partnership agreement framework;
- Spreading and vulgarising the Cameroon system of partnership CONTRACTS;
- Implementing and/or adapting necessary technical and legal tools to be applied in the partnership agreement;
- Training, developing a national expertise and watching out innovations of management procedures of public projects within the partnership agreement framework;
- Working out technical and legal tools of projects analyses and selection of partners;
- Defining an ethic code in connection with the Board’s activities.
- Contributing, through its expertise, in the selection of the contracting partner;
(2) The Board achieve any other mission assigned to them by the Government.
(3) The Board can be contacted by public authorities, decentralised local communities, public institutions, government and part government-owned companies, private and civil society sectors on any questions needing their competence.

Article 4

Subject to provisions of Section 16 of the present decree, the points of view of the Board are independent and powerful in their domain of competence.

Article 5

The Board publishes an annual report of their activities, the level of execution of projects and their impact in the social and financial aspects.

Chapter II

ORGANISATION AND OPERATION

Article 6

- A chairman
- Advisers’ committee
- A technical Secretariat

Section I

THE CHAIRMAN

Article 7 known professional personalities

The chairman is appointed by a presidential decree among well-known professional personalities

Article 8

(1) The Chairman manages the financial, technical and administrative matters of the Board. Therefore:
- He publishes the deliberations and sign points of view of the advisers’ committee
- Approve projects built by the Technical Secretariat
- Runs the budget of the Board
- Assure the representation of the Board in the achievement of their missions.
(3) The Chairman can delegate part of his powers to the Technical Coordinator

Section II

THE ADVISERS’ COMMITTEE

Article 9

(1) The advisers’ committee is presided over by the Chairman of the Board. It comprises:
- A representative of the Presidency of the Republic
- A representative of the Prime Minister’s Office
- A representative of the Ministry of Finance
- A representative of the Ministry of Public Works
- The president of the Bar
- The chairman of the National Civil Engineering order.
- The chairman of the National Order of Architects.
- The chairman of the Professional Association of Credit institutions in Cameroon.
- The chairman of the Employers’ Commission in Came-roon.
- The chairman of the Industrial Trade Unions in Cameroon.
- The chairman of the Insurances Professional Association.
(2) Government services appoint their representatives.
(3) Members of the Board are approved a decree of the Prime Minister.

Article 10

(1) The advisers’ committee examines the evaluation reports of eligible projects in Partnership Agreement system submitted by the chairman of the Board after a thorough examination of the Technical Secretariat;
(2) The aforementioned examination of the evaluation reports must be approved by a feasibility notification of the project.
(3) The Committee’s notification keeps with the standards. It binds with the decision to launch the selection procedure of the PUBLIC CONTRACTOR’s partner.
(4) The Chairman of the Board can, if need be, put on meeting agendas any investment matters from the Government for the modernisation of infrastructures, equipment and services;

Article 11

Cannot take part in the deliberations of contracts tenders, any member of the Advisers’ committee who is a service provider or shareholder, directly or indirectly, in a company or a corporate involved in the selection of a contracting partner

Article 12

(1) Apart from organisation and operation-oriented questions, the Advisers’ committee, proposes analysis topics to the Board and makes easier the expression of people interested in the development of Partnership CONTRACTS. Therefore, it is in charge of:
- Recruiting the Technical Coordinator and the Board’s experts;
- Recruiting the Technical Secretariat staff;
- Adopting the operating and equipment budget, the business plan as well as accounts and financial statements of the Board.
- Fixing the remuneration and allowances of the staff
- Sanctions the Coordinator of the Technical Secretariat of the Board.
- Sanctions the experts and administrative staff.
(2) In case of dismissal of the Coordinator of the Technical Secretariat, the Advisers’ committee takes all necessary measures to insure a soft running of the Board businesses.

Article 13

(1) The Advisers’ committee meets after notification of its chairman.
(2) In case of absence, any member can be represented in the committee meeting by another member. A member is entitled to represent not more than one in a session.
(3) The Advisers’ committee can run the deliberations if and when 2/3 of the members are present or represented.
(4) The decisions of the Advisers’ committee are taken at a 2/3 majority when it’s above the simple majority.

Article 14

The Chairman of the Advisers’ committee can call for any individual or legal entities, because of his expertise or competence to attend the meetings of the Board with a consultative voice.

Article 15

The secretariat of the Board Committee is handled by the Coordinator of the Technical Secretariat.

Article 16

Notifications and minutes of the deliberations of the Committee are channelled to the Prime Minister who holds the power to carry out reforms.

Article 17

(1) The chairman of the Board is entitled to a monthly wage.
(2) The chairman and the members of the Committee shall benefit from a session allowance for meetings.
(3) The monthly wage and session allowance mentioned in paragraph 1 & 2 are fixed by the prime Minister on proposal of the Advisers’ committee.

Section III

THE TECHNICAL SECRETARIAT

Article 18

- The Technical Coordinator
- Experts
- The Administrative staff

Article 19

(1) Under the authority of the chairman of the Board, The Technical Coordinator:
- Prepares the budget, the business plan, activities reports, as well as accounts and financial reports to be examined by the Advisers’ committee for approbation and decision.
- Prepares the salary grid and allowance of the Board members;
- Submit to the Chairman proposals for staff recruitment;
- Prepares the deliberations of Technical Coordinator;

Article 20

(1) The recruitment of the Technical Coordinator and experts is made by the Advisers’ Committee in accordance with hereunder proceeding:
- Call for tenders
- Examination of tenders’ files in the conditions of equity, objectivity and transparency;
- Selection of candidates on the basis expertise criteria, professional experience and of probity;
- Issuance of a waiting list of at least two candidates per post per order of merit;
- Publishing of results;
(2) The recruitment becomes final at the signing of the job contract by the Chairman.
(3) The Technical Coordinator and the experts are recruited for a period of five years renewable once.

Article 21

(1) Experts should be well-known professionals in the domain conception, studies, control, cancellation and sociological, legal, financial, economical, and technical evaluation of projects, infrastructures, equipment, servicing and maintenance, operations or management, and intellectual services.
(2) The board is made of a permanent twelve-expert team or more, recruited in the following professions:
- Two financial engineers
- Two jurists (Legal advisers)
- Two civil engineers
- Two architects/Town-planners
- Two technical engineers
- Two public administration engineers
(3) In order to complete its expertise in a specific domain, the Board can possibly call upon paramount organisms or institutions in building complex projects.

Article 22

(1) The administrative staff, which cannot exceed eight people, is recruited by the Chairman of the Board. The recruitment becomes effective after the notification of the Advisers’ Committee and the signing of the job contract by the Chairman in accordance with the labour code.
(2) Staff managed by the Public Service (Civil Servants) can join the board in conformity with the borderlines fixed in paragraph mentioned above.

Chapter III

FINANCIAL PROVISIONS

Section I

RESOURCES

Article 23

(1) The Board resources come from:
- Annual provision from the State budget;
- Possible contributions from the private sector and development partners
- Donations and legacy;
- Any other appointed resources;
(2) The Board’s financial resources are public funds. They are spent in accordance with the rules provided by the State financial system.

Section II

BUDGET AND ACCOUNTS

Article 24

The chairman is the person authorized to run the budget of the Board.

Article 25

(1) The Board budget is balanced in takings and expenditure;
(2) The Board resources can domiciled in an account open in an approved bank. Nevertheless, commitment, liquidation, orders, and payment of money deposited in this account must be carried out in conformity with public accounts

Article 26

(1) An accountant is appointed to the Board by the Minister of Finance;
(2) The accountant records all the Board’s takings and expenditures. He controls the regularity of takings, orders and payments from the Chairman.
(3) The payment of expenditures is made only by the Board’s accountant

Article 27

The financial secretary is appointed to the board by the Minister of Finance.

Article 28

(1) The financial secretary and the accountant bring their respective reports to the Advisers’ Committee.
(2) Copies of reports are sent to the Chairman and to the Minister of Finances
(3) Independent audits can be requested by the Committee as well as by the Minister of finance.

Chapter IV

FINAL AND VARIOUS PROVISIONS

Article 29

(1) The Board properties comprise:
- Assets acquired through trough procurement or donation
- State property converted into the Board’s property.
(2) Public and private assets given to the Board in conformity with the land law keep their original status.
(3) Public assets given to the Board are definitely considered as the Board’s property

Article 30

(1) The Board’s staff is bound to professional secrecy about information, facts acts put at their disposal in the course of the duties.
(2) Any failure to these obligations constitute a professional misconduct capable of dismissal of staff ruled by the labour code or the General status of the Public Service, without prejudice of disciplinary measures provided by the regulations in force and legal prosecution of the concerned person.

Article 31

The present decree shall be recorded and published in accordance with emergency procedure, then enclosed in the official Gazette in French and in English.

Chapter I GENERAL PROVISIONS