Law No. 49 of 2016 on Tenders regulates public tenders. The Central Public Procurement Agency (CAPT), which reports to the Council of Ministers, acts on behalf of most ministries. It oversees public tenders worth more than 75,000 dinars (approximately USD 248,500). According to the law, foreign bidders may participate in public tenders without a local agent; However, an agent is required for the execution phase. The law, which came into effect in 2017, requires foreign bidders to purchase at least 30 percent of materials from the local market, if available. The law promotes local sourcing by imposing a 15% price preference for local products. Bidders are selected on the basis of scores based on a specific criterion based on points. In addition, bidders can now file a complaint if they have a problem with the tendering process.
In addition to awarding contracts, CAPT invites companies to pre-qualify and participate in pre-tender meetings. All APCT announcements are available on the capt.gov.kw/en/ website and are published weekly in Arabic in the official al-Kuwait al-Youm gazette. An English translation of the Official Journal can be obtained from translation agencies and publishers. In addition, under the former Tendering Act, there were delays due to complications arising from the appointment of an agent and the registration of these agencies to allow a foreign company to participate in tenders for construction services. In the past, a foreign company had to have a representative (i) registered in the Trade Register and the Chamber of Commerce and Industry (MOCI); (ii) that have been registered with the Counter-Terrorism Committee by means of an officially certified document; and (iii) had completed the pre-qualification process for the tender concerned. The prequalification was obtained by submitting to the CLC documents showing that the applicant company is capable of performing the contract. Although a pre-selection procedure is still ongoing under the Law on New Tenders, the new Law on Tendering, as well as the Law on Direct Investment, aim to increase the flexibility of the tendering process. Where the competent contracting authority decides to hold a meeting to inquire about a tender or practice, the announcement of the meeting shall indicate the date and place of its agreement at which the persons sought by those who purchased the tender or practice document are to attend. The competent authority shall transmit the replies to all tenderers without delay, without revealing the source of the request.
The implementing regulation specifies the controls and procedures for the meeting prior to the invitation to tender. • The Agency is developing an appropriate strategy to issue tenders for bundled service contracts, such as facilities management, and others that would integrate undertakings or services of a common nature into a contract in order to control costs and reduce costs. The Department of Procurement Systems will work, at the direction of the Ministry of Finance at the Agency, on the basis of information collected by the Ministry of Finance on such goods, services and works, in order to meet the needs of these authorities for goods, works and services of common use, in order to enable them to participate in collective tenders for the benefit of the public authorities benefiting from these goods. Offer. Services and works. The procedures laid down in this Act and in the implementing Regulation shall be followed at the time of the invitation to tender and the invitation to tender. He also pointed out that the Agency had processed tenders from at least 75 government agencies and that the Agency`s Management Board issued between 800 and 1000 decisions per month, demonstrating the enormous task assigned to the members of the Agency`s Management Board and the Agency`s General Secretariat. which examines the report of the authorities concerned on issues relating to alerts. Where the tender provides for the submission of alternative tenders and the tenderer wishes to submit one or more alternative tenders, it shall receive a new group of official tender documents for each alternative tender it submits; and it must clearly indicate on each group of these documents that they constitute an alternative offer.
A bidder of the tenderer who infringes this article shall be deemed legally null and void. Kuwait is a member of the International Bank for Reconstruction and Development (IBRD), the World Bank, the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA). · direct purchase; This is the purchase made in the same cases of restricted practices according to a written contract with a written description of all phases of the contract. In all cases of termination of the contract, as well as in the event of performance at the expense of the contractor due to serious errors on his part, the final deposit becomes a right to the competent authority; He is also entitled to deduct the amounts to be paid to him in respect of the fines provided for in the contract and the value of the damages he has suffered from the sums due or due to the contractor with him. If they are not sufficient, he would deduct them from his contributions to any other public authority, whatever the reason for maturity, without having to take legal action, without prejudice to the right to indict in court what cannot be obtained from rights by administrative measures. 14 – Preparation and publication of a circular on the rules, procedures and classification criteria of contracting authorities. The implementing regulations and instructions of the Ministry of Finance The Agency shall constitute a technical field comprising engineers, quantity surveyors and persons with experience in various disciplines, provided that the experience of each of them is not less than ten years, and shall be competent as follows:1. Establishment of technical standards for the classification of contractors and funeral directors in accordance with the financial and technical requirements Potentialities. 2.
Evaluates classification requests, determines the classification category of contractors and makes recommendations to the classification committee for decision. 3. Review and evaluation of tenders or technical recommendation to the authority on the basis of the Board`s request.4. Review the cost estimates of the tender project and compare them with the estimates, the competent authority at the request of the Council. 5. To consider modalities for change, submit reports to the Council for decision.6. Any other authority established in this Act.