Bidders (Public Contracts In Cameroon)
Bidders shall be natural persons or corporate bodies participating in the public procurement procedure.
Natural persons or corporate bodies that:
(a) are winding up or are bankrupt;
(b) are subject to one of the exclusion orders or forfeitures provided for by the laws and regulations in force at the national and international levels;
(c) have not made declarations provided for by the laws and regulations in force;
shall not be admitted to tender for public contracts, subject to the provisions of the Public Contracts Code.
Public law legal persons shall be admitted to participate in the public procurement procedure if they can show proof of:
(a) having legal personality and financial autonomy;
(b) being managed according to private accounting rules; and
(c) not being under the supervisory authority of the Project Owner or the Delegated Project Owner concerned, except otherwise authorized by the Authority in charge of public contracts.
Civil society organizations and public establishments interested in public procurement shall be subject to the provisions of this Public Contracts Code. However, they may bid only if the prices offered are competitive, that is, if they have been determined taking into account all the direct and indirect costs contributing to the formation of the price of the service that is the subject of the contract.
In such cases, public establishments must show proof that, in fixing this price, they did not enjoy any benefits from the resources allocated to them in respect of their public service missions.
Special regulations governing invitations to tender or consultation shall, in accordance with the regulations in force, determine the conditions for the participation of the actors referred to in this article in a given consultation, whether through invitation to tender or by mutual agreement.
