Soso

The Prime Minister, Head of Government,

Mindful the Constitution;

Mindful Law No. 2006/012 of 29 December 2006 fixing the general regime of partnership contracts;

Mindful Decree No. 92/089 of 4 May to specify the duties of the Prime Minister, as amended and supplemented by Decree No. 95/145(b) of 4 August 1995;

Mindful Decree No. 2004/320 of 23 January 2004 to organize the Government, as amended and supplemented by Decree No. 2007/268 of 7 September 2007;

Mindful Decree No. 2008/035 of 23 January 2008 to lay down the organization and functioning of the National Partnership Contracts Support Council;

Mindful Decree No. 2008/0115/PM of 24 January 2008 to specify conditions for implementing Law No. 2006/012 of 29 December 2006 to lay down the general regime of partnership contracts;

Mindful Decree No. 2011/408 of 9 December 2011 to appoint a Prime Minister, Head of Government;

Hereby decrees as follows:

Article 1 This order lays down the rates and conditions of collection of fees payable for partnership contracts

This order lays down the rates and conditions of collection of fees payable for partnership contracts

Article 2

The fees payable for partnership contracts are:
- the acquisition cost of the restricted tender file
- project preparation expert costs for projects to be executed under partnership contract;
- execution monitoring expert costs for projects to be executed under partnership contract.

Article 3

(1) The acquisition costs of the restricted tender file shall be payable by any candidate who successfully crosses the stage of request for public expressions of interest and wishing to bid for the next stage of the procedure.
(2) The amount of the acquisition cost of bidding documents shall be fixed as follows:
- CFAF 200,000 for projects whose original investment cost, net of taxes, determined by the feasibility study, is CFAF one billion and above;
- CFAF 400,000 for projects whose original investment cost, net of taxes, determined by the feasibility study, ranges between CFAF one billion and five billion;
- CFAF 600,000 for projects whose original investment cost, net of taxes, determined by the feasibility study, is above CFAF five billion.
(3) The acquisition costs of restricted tender files shall be collected by the Partnership Contracts Support Council. The receipt attesting to the payment of the said sums shall be demanded by the ad hoc partnership contracts commission during analysis of the administrative file.
(4) Councils shall be exempted from the payment of acquisition costs of tender files.

Article 4

(1) Project preparation expert costs shall be payable by every public entity that initiates a project executed through the partnership contracts regime upon submission of the preliminary appraisal to the Partnership Contracts Support Council.
(2) The amount of project preparation expert costs shall be fixed as follows:
- CFAF 20 million for projects whose original investment costs, net of taxes, determined by prior appraisal is CFAF one billion or lower;
- CFAF 50 million for projects whose original investment costs, net of taxes, determined by the prior appraisal ranges between CFAF one billion and CFAF five billion;
- CFAF 100 million for projects whose original investment costs, net of taxes, determined by prior appraisal, is above CFAF five billion.
(3) Expert costs shall be paid by the public entity to the Partnership Contracts Support Council within a period of sixty (60) days of receipt of the prior appraisal report.

Article 5

(1) Annual execution monitoring costs shall be payable by all private partners benefiting from a partnership contract at the end of the first year of operation.
(2) The amount of annual contract execution monitoring costs shall be fixed at five percent (5%) of the turnover of the preceding year. The ceiling of this amount shall be CFAF two hundred and fifty million.
(3) Execution monitoring costs due for the previous year shall be paid before the third day of the second month of the ongoing year.
(4) Annual execution monitoring costs shall be paid to the Partnership Contracts Support Council.

Article 6

The costs mentioned in this order shall be collected by the accounting officer of the Partnership Contracts Support Council, based on revenue orders signed by its President.

Article 7

(1) The management of all costs payable for partnership contracts shall be in accordance with public accounting rules.
(2) Costs payable for partnership contracts shall be public funds. As such, they shall be subject to the control of any competent State organ.

Article 8

This order shall be registered and published according to the procedure of urgency and inserted in the Official Gazette in English and French. Yaounde, 15 November 2011 Philemon YANG,