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Understanding Contract Procedures...

The Ministry of Public Contracts hinges on the policy of lowest bidder and national preference.

The news went wild, with the Ministers of Sports and Physical Education; Public Contracts; and Housing and Urban Development, lamenting at the snail pace of execution of contracts for the Women’s Africa Cup of Nations Cameroon will be hosting later this year. A field tour to the South West Region where one of the stadia will play host to the competition left the ministerial delegation flabbergasted, with little or nothing to show in terms of progress in the execution of work. But how were the contracts awarded to companies who are seemingly not financially and technically viable was the question raised by public opinion. But in the words of the Minister Delegate at the Presidency in charge of Public Contracts, Abba Sadou, the companies were awarded the contracts in all transparency and based on the tender files the administration recieved.

Lowest Bidder

Three steps are taken into consideration here, the first being the examination of administrative files. The commission proceeds with the examination of technical files. At each level, the files are examined and candidates shortlisted. Where more than one candidate qualifies, the commission settles down to the policy of lowest bidder whereby the contract is awarded to the candidate with the least budget. However, Fru Jonathan, the Inspector General in the Ministry of Public Contracts says the lowest bidder does not imply that contracts are awarded to companies with files that exhibit abnormally low bids. In such cases, the bidder is summoned to explain how possible such contracts could be executed, be they for construction works or the supply of office material or equipment. The lowest bidder policy, it should be noted, does not apply for intellectual contracts like studies. The best bidder holds in this situation with experts saying that it is a combination of technical and financial strength.

National Preference

This policy was adopted by government to encourage local companies facing stiff competition from experienced international companies. The national companies are given an opportunity of up to 10 per cent preference when they qualify technically. The least bidder is not applied in this case. The price of a local company can be higher and he still wins the contracts upto 10 per cent for works and upto 15 per cent for supplies. Fru Jonathan explained that the aim is to make local companies competitive.

Faulty Declaration

Wrong declaration comes in when contractors declare what is not true. There are cases where companies declare that they have equipment (bulldoozers, cartepillers...) and finances (bank caution) to execute contracts meanwhile they are playing to the gallery. Some go as far as declaring that they have manpower (engineers) meanwhile they have technicians (most of whom are unqualified.)  Companies face suspension of over two years if caught in cases of false declaration. “We take time to verify,” Fru Jonathan said.

Contracts are awarded on the basis of documents that are filed in the Ministry of Public Contracts. But in many cases, such documents are verified. Officials in the Ministry sometimes call banks to see if the caution is correct. Sometimes, they go to other ministries concerned with the documents.

The job does not end at awarding the contracts. The Ministry of Public Contracts is on constant control missions to evaluate the level and quality of work done. The controllers go to the field with the prime objective of confirming the quality of equipment and manpower as declared on contract documents.

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