Decree No. 30 of 2017 Issuing the Executive Regulations of Law No. 49 of 2016 on Public Tenders

Decree No. 30 of 2017
Issuing the Executive Regulations of Law No. 49 of 2016 on Public Tenders

Article One

The provisions of the Executive Regulations of the aforementioned Law No. 49 of 2016, the texts of which are attached to this Decree, shall be applied.

Article Two

The implementation of contracting procedures that commenced under Law No. 37 of 1964 on Public Tenders and were not completed by the date on which the aforementioned Law No. 49 of 2016 came into force shall continue in accordance with the provisions of Law No. 37 of 1964 until all procedures are completed.

Article Three

The competent authorities, each within its own competence, shall implement this Decree, and every provision that conflicts with the provisions of the Regulations is hereby repealed. This Decree shall come into force from the date of its publication in the Official Gazette.

Executive Regulations of Law No. 49 of 2016 on Public Tenders

Article 1

Definitions
For the purposes of applying the provisions of these Regulations, the following terms shall have the meanings assigned to each of them:
Law: Law No. 49 of 2016 referred to above.
Public Entities: Ministries, government departments, public authorities and public institutions with annexed or independent budgets, and companies wholly owned by Kuwait Petroleum Corporation.
Competent Minister: The Minister of State for Cabinet Affairs or the Minister assigned by the Council of Ministers for this purpose.
Agency: The Central Agency for Public Tenders.
Chairman: The Chairman of the Board of Directors of the Central Agency for Public Tenders.
Board: The Board of Directors of the Central Agency for Public Tenders.
Requesting Entity: The Public Entity requesting the tender.
Procuring Entity: The Central Agency for Public Tenders or the Public Entity undertaking procedures to obtain any procurement or contracts.
Official Currency: The monetary unit determined by the State.
National Product: Any product produced in the State of Kuwait, or a commodity produced in any of the GCC States in accordance with Article One of the Unified Economic Agreement between the GCC States approved by Law No. 5 of 2003, and Law No. 81 of 1995 approving the Agreement Establishing the World Trade Organization.
Public Tender: The set of procedures taken by the Procuring Entity in accordance with the Law to carry out procurement operations, or for the Requesting Entity to obtain services or any works required in accordance with the Law, which is subject to the principles of publicity, equality and competition.
Tender Documents or Request for Proposals Documents: The documents issued by the Requesting Entity or the Procuring Entity on the basis of which bids or proposals are submitted in accordance with the Law, and which include, as the case may be: instructions to bidders, technical specifications, maps, designs, terms of reference, work programmes, bills of quantities and contract conditions, forms of letters of guarantee, and evaluation criteria.
Supplier, Contractor or Undertaker: Any actual or potential party to a procurement contract with the Requesting Entity, whether a natural or legal person. The term “Undertaker” includes, as the context requires, any person, natural or legal, supplying goods, executing works or providing services.
Subcontractor: The classified and registered contractor who signs a contract with the Main Contractor to execute certain works of the project after approval by the Requesting Entity.
Procurement, Procurement Process or Public Procurement Procedures: The procedures undertaken by any of the Procuring Entities in accordance with the Law to obtain the supply of goods, the performance of services or the execution of works, in accordance with one of the procurement methods provided for in the Law.
Supply of Goods: Operations for the purchase of goods and commodities of every kind, and the services accompanying their supply.
Works: The construction, reconstruction, restoration or renovation of buildings, structures or facilities, such as site preparation, excavation, installation of equipment or materials, finishing, operation and maintenance, as well as ancillary services accompanying construction, including soil testing, engineering and geological surveys, survey works, aerial photography and other services provided under the works contract. Facilities also include roads, bridges, tunnels, pavements, car parks, electricity and water stations and networks, sewers, drainage, airports, ports, waterways and water channels, land reclamation and railways.
Services: Procurable items other than goods and works, comprising the benefits of things and persons that can be valued in money and may be the subject of dealings, including transport services.
Request for Proposals for Services: The document used primarily to obtain services in accordance with the Law, which contains the terms of reference for the required services, a description of the procedures for submitting proposals, the conditions they are required to meet, and the criteria for proposals.
Bid: An offer made by a supplier, contractor or undertaker at the request or announcement of a Public Entity, containing a technical, time and financial statement of the items to be contracted for (goods – works – ordinary services), in conformity with and fulfilment of the tendering documents, whatever the tendering method.
Alternative Bid: Another bid that differs in technical specifications from the original bid submitted, for reasons beyond the bidder’s control, due to force majeure or the unavailability of the minimum number of manufacturers or suppliers, provided that it is not below the technical specifications put to tender and is consistent with the announced tender conditions.
Pre-qualification Documents: All documents relating to pre-qualification, including the invitation to participate in pre-qualification and the pre-qualification requirements and criteria.
Electronic Practice: A method of procurement conducted in real time over the internet, used by government entities to select the winning bid, involving the use of electronic means whereby bidders submit, more than once and over several rounds, prices or values for non-price elements of the tender whose quantity is measurable.
Framework Agreement: Any agreement between one or more Procuring Entities and one or more undertakers, the purpose of which is to establish the terms and conditions of contracts to be awarded during a given period, particularly with regard to prices and anticipated quantities, as the case may be.
Small or Medium Enterprise: An economic enterprise that employs a limited number of workers and whose capital does not exceed the amount specified in accordance with the provisions of Law No. (98) of 2013 referred to above.
Collusion: Any arrangement between two or more parties, before or after the submission of bids, aimed at achieving an unlawful purpose, including unlawfully influencing the actions of another party, allocating procurement contracts among bidders, or fixing bid prices at artificial, non-competitive levels, with the intent of depriving the Requesting Entity of the benefits of free and open competition.
Website: The official website of the Central Agency for Public Tenders on the internet, dedicated to publishing announcements and information on the public procurement system and other information pursuant to the provisions of the Law and these Regulations.
Record: A document or instrument containing a set of data or information in paper or electronic form.

Article 2

Scope of Application of the Regulations
Subject to the provisions of Article (2) of the Law, the provisions of the Law and these Regulations shall apply to all operations for the purchase or import of goods and works contracts, contracting for the purchase or lease of things, or the provision of services, including transport services, studies, consultancy contracts and technical works, including project design and supervision works, studies, contracts and research relating to urban, civil, planning, industrial and environmental aspects, survey, evaluation and audit works, administrative affairs and technical support, and contracts for services for the import and production of radio and television programmes.
Administrative units established by decree or by decision of the Council of Ministers whose appropriations are included in the State’s general budget shall be deemed Public Entities to which the provisions of the Law and these Regulations apply.
The provisions of these Regulations shall form an integral part of the contracts concluded to carry out these operations, and this shall be stipulated in every contract.

Article 3

Keeping of Records
The Procuring Entity shall keep the following records:
1. A record of procurement procedures.
2. A record of persons prohibited from dealing.
3. A record of accredited suppliers.
4. A record of accredited contractors.
5. A record of accredited service providers, experts and consultants.
6. Records of the lists of classified persons.
7. A record of the submission of samples.
8. A record of bonds.
9. A record of grievances.
And any other records it deems necessary for its work.

Article 4

Procurement Unit of Kuwait Petroleum Corporation
The Board of Directors of Kuwait Petroleum Corporation shall issue a decision establishing and organising a procurement unit for the Corporation, including the rules and procedures for the exercise of its competences and the performance of its responsibilities, provided that its procedures observe the provisions of the Law and the Regulations.
The unit shall be competent for the following:
(a) Standard procurement operations (supply of goods, works, services), and the conclusion of contracts and the variation orders related thereto, whose value, together with the variation orders, does not exceed five million Kuwaiti Dinars, in accordance with the controls provided for in Article (74) of the Law.
(b) Operations for the extraction, purchase and sale of oil and its derivatives, gas and petrochemical products and their transport, and the specialised services related to the drilling and maintenance of oil wells.

Article 5

The procurement unit of Kuwait Petroleum Corporation shall undertake the following:
1 – Approving the controls, criteria and bases for the qualification of contractors, undertakers and suppliers to participate in the tenders and practices it invites.
2 – Registering and classifying contractors, undertakers and suppliers in the specified categories according to their technical and financial capabilities and the works they have previously carried out, on the basis of the applications submitted by them for this purpose.
3 – Approving the pre-qualification lists and the lists prepared by the competent entities for specified tenders and practices.
4 – Registering and approving the lists of persons prohibited from dealing with the Corporation and its wholly owned companies or from participating in the tenders and practices it invites, in accordance with the prescribed conditions and procedures.
5 – Verifying the availability of the financial appropriations allocated for the works to be contracted for.
6 – Inviting tenders and practices, receiving bids, deciding on, awarding and cancelling them, extending and renewing contracts, and approving the variation orders arising thereon, within the financial threshold legally prescribed for it.
7 – Authorising the competent entities to contract by direct order in accordance with the conditions and procedures in force.
8 – Studying the reports submitted to it by the competent entities on the accepted bids for the tenders and practices it invites.
9 – Verifying that the study and evaluation of bids and the recommendation submitted thereon have been carried out properly in accordance with the prescribed procedures and rules.
10 – Verifying that the special criteria and conditions and the technical specifications afford equal opportunities to bidders and ensure that the best offers are obtained.
11 – Deciding on complaints submitted by interested parties regarding any of the procedures of the procurement operations it carries out, in accordance with the procedures and rules in force.
12 – Imposing the legally prescribed penalties on contractors, undertakers and suppliers under the specified conditions and in the specified cases.
13 – Verifying the proper application of the laws, systems, regulations and decisions in force, and adherence to the principles of publicity, equal opportunity and free competition in the tenders and practices it invites.

Article 6

Contracting for the purchase of goods, the engagement of works, the provision of services of all kinds or the lease of things shall be by way of public tenders. By way of exception to the foregoing, the procurement unit may, within the limits of its threshold of competence, contract by way of limited tender, public practice, limited practice, electronic practice, framework agreements or direct order, provided that this is on the basis of a reasoned memorandum from the entity requesting the procurement.

Article 7

Any interested party may file a grievance against a decision issued by the procurement unit, by a letter specifying the grounds of the grievance, within one week from the date of becoming aware of the decision that is the subject of the grievance.
The unit shall issue its reasoned decision on the grievance within one week from the date of its submission, and failure to respond to the grievance within this period shall be deemed a rejection.
If the grievance is rejected, the grievant may file a grievance with the Board of Directors of Kuwait Petroleum Corporation within one week from the date of being notified thereof, and the decision of the Board shall be final.

Article 8

Rules and Period for Publishing the Agency’s Decisions
The decisions of the Board shall be published in the Official Gazette, on the Agency’s Website and in any other means of publication determined by the Board, within (7) seven working days from the date of their issuance, and shall continue to be published for a period of (5) five working days on the Agency’s Website.
A decision shall be deemed issued once it has been signed by the legally prescribed majority.

Article 9

Setting of Technical Specifications
The Procuring Entity shall specify, precisely and in detail, the technical specifications of the goods, works or services to be contracted for, taking into account the approved standard specifications, and shall set the estimated value of the operation that is the subject of the contract, provided that market prices at the time of tendering are taken into account and that the influencing factors are taken into consideration in accordance with the circumstances and nature of the performance of the contract.
The entity may seek the assistance of such experienced persons as it deems fit to consult, from among the experts and technicians in government entities and other entities with specialised technical expertise in the field of setting technical specifications.

Article 10

The technical specifications shall not include any direct or indirect reference specifying a country of origin or a particular product, or the use of trade names or trademarks or catalogue numbers. Reference to the type, description or number in the lists of suppliers classified by name shall be avoided, and no particular brand or specifications applicable to special or distinctive models may be set. This is to ensure the realisation of the principles of publicity, equality, freedom of competition and equal opportunity among applicants.
The provision of the preceding paragraph shall not apply to goods, services and works contracts for maintenance and operation operations that are available only from a specific person or a specified entity, nor to the inclusion in the technical specifications of a designation of origin from more than one country.

Article 11

Conditions of Public Practice
Contracting by way of public practice shall be due to the nature of the goods, works or services, or to circumstances of urgency requiring them to be carried out or purchased by way of practice, in accordance with the following:
1 – The Requesting Entity shall submit a reasoned memorandum to the Board requesting contracting by way of public practice.
2 – The Board shall issue its decision providing that the Requesting Entity or the Agency is to undertake the practice procedures.
3- The invitation to the practice shall be announced in the Official Gazette or on the Website of the Agency or of the Requesting Entity.
4 – The request for financial offers shall contain clear particulars regarding the specifications, quality, quantity, terms of payment and delivery and any other requirements, in a manner not inconsistent with the provisions of the Law and these Regulations.
5 – Offers shall be submitted within a period not exceeding (30) thirty days from the date of the announcement.
6 – The practice documents shall specify the method of award, whether by selecting the best offer or the lowest price, and whether negotiation will be conducted with all bidders or with the lowest-priced bidder, after the conditions and specifications set out in the request for offers have been met.
Except for the foregoing, the provisions of the public tender shall apply to the public practice in a manner not inconsistent with its nature.

Article 12

Controls Governing Contracting by Way of Electronic Practice
Subject to the conditions required for public practice provided for in the preceding Article, the following are required in order to conduct an electronic practice:
1 – The Requesting Entity shall allocate an integrated electronic system or other electronic means, provided that the system conforms to security and protection standards, as a means of communication with the practice participants, in order to ensure the integrity of the tendering and contracting procedures in a manner that ensures the highest degree of transparency, freedom of competition, equality and equal opportunity among the practice participants.
2 – Specifying the start and end dates of the practice and the number of practice rounds.
3 – Receiving offers electronically, including evidence of payment of the bid bond, in accordance with the conditions of the practice.

Article 13

Controls and Procedures of the Framework Procurement Agreement
The Procuring Entity may conclude framework procurement agreements in either of the following two cases:
(a) Where there is a need to contract on a recurring basis to obtain goods or services or to carry out small works.
(b) Where the Procuring Entity anticipates, owing to the nature of any goods, services or works required, that a need will arise to purchase them urgently in the future.
Framework procurement agreements shall be concluded by way of a tender or a public or limited practice, in accordance with the provisions of the Law and these Regulations and by following the following controls and procedures:
1) The Procuring Entity shall state in the documents that it is entering into a framework procurement agreement, and the terms and conditions of that agreement shall include the following:
(a) The parties to the agreement.
(b) The term of the agreement.
(c) The prices during the term of the agreement.
(d) The maximum and minimum limits of the volume or value of the goods, works or services required.
(e) A description of the Requesting Entity or Entities that may issue purchase orders on the basis of the framework procurement agreement.
(f) The implementation mechanisms and the penalty clauses in the event of breach of the terms of the agreement.
(g) Any other information specified by the documents for use in contracting by this method.
2) The award as between the Procuring Entity and the undertaker in the framework procurement agreement shall be made in accordance with the procedures and provisions set out in the Law and these Regulations, and no amendment may be made to the conditions set out in the framework procurement agreement during the term of its implementation.
3) Where a framework procurement agreement is concluded with a single undertaker, any contracts shall be awarded on the basis of that agreement and within the scope of the conditions contained therein.
4) Where there are multiple undertakers, suppliers or works performers, contracts may be awarded on the basis of framework procurement agreements by either of the following two methods:
(a) Relying on the conditions set out in the Framework Agreement without reopening competition.
(b) Where it is desired to hold a further competition among the undertakers party to the agreement, this shall be done in accordance with the conditions contained therein; and where not all the conditions are set out in the Framework Agreement, or more precise and specific conditions not covered by the Framework Agreement are required, the following procedures shall be observed:
First: The Procuring Entity shall, separately for each contract to be awarded, announce and request offers from the undertakers party to the Framework Agreement who have the capacity to perform.
Second: The Procuring Entity shall award to the bidder who has submitted the best bid on the basis of the award criteria specified in the specifications contained in the Framework Agreement.

Article 14

Contracting by way of public and limited practice and the framework agreement shall be subject to the general conditions of public tenders in respect of matters for which no special provision is made in these Regulations, and without prejudice to the nature of each of them.

Article 15

Procedures and Time Limits for Submitting and Approving Registration Applications
Subject to the provisions of Article (95) of the Law, the Agency’s General Secretariat shall register the suppliers, contractors, undertakers, consultants and technicians classified with the Agency in lists that it prepares for this purpose, in accordance with the following conditions and procedures:
1- Registration applications for local companies:
– A copy of the commercial licence.
– The company’s memorandum of association and any amendment thereto, and its articles of association, if any.
– A certificate of registration from the Kuwait Chamber of Commerce and Industry in both Arabic and English.
– A copy of the commercial register.
– A letter addressed by the applicant for registration to the Agency stating in detail the address of the company and its branches, and its telephone and fax numbers and e-mail.
– The authorisation to sign, certified by the Kuwait Chamber of Commerce and Industry.
– A certificate issued by the Public Authority for Manpower stating the percentage of national labour.
2 – Registration applications for foreign companies, or branches of foreign companies licensed to operate in accordance with the provisions of Law No. 116 of 2013 on the Promotion of Direct Investment in the State of Kuwait:
(a) The registration application, including (company name – address – telephone – fax – e-mail – name and job title of the responsible officer)
(b) The company’s licence, certified and attested by the Embassy of the State of Kuwait in the country of the company’s head office, in accordance with the procedures followed in this regard.
(c) The authorisation to sign, certified in accordance with the procedures applicable at government entities.
All the aforementioned documents shall be submitted in both Arabic and English
3 – Registration applications for Kuwaiti individuals
(a) A copy of the commercial register.
(b) A statement of ownership of the assets related to the type of activity.
(c) A certificate of registration from the Kuwait Chamber of Commerce and Industry.

Article 16

The General Secretariat of the Agency shall receive registration applications daily during official working hours, examine them, verify that the documents and particulars are complete, and correspond with the applicants to complete any deficiency therein. Complete registration applications shall be submitted to the Board for approval, and the applicant shall be notified of the Board’s decision.

Article 17

Time Limits for Submitting Applications, and Classification Procedures, Conditions and Categories, and Grievances Against Them
The Classification Committee for Public Works Undertakers shall classify applicant contractors into four categories, each according to its financial and technical standing and its previous works, as follows:
1) First Category:
Comprises public works undertakers capable of carrying out major projects or projects of a high engineering standard, the preliminary estimates of which exceed ten million Kuwaiti Dinars.
2) Second Category:
Comprises public works undertakers of technical and financial capability who may participate in tenders the estimates of which are not less than five million Kuwaiti Dinars and not more than one hundred million Kuwaiti Dinars.
3) Third Category:
Comprises public works undertakers who are permitted to participate in tenders the estimates of which are not less than one million Kuwaiti Dinars and not more than ten million Kuwaiti Dinars.
4) Fourth Category:
Comprises local public works undertakers who are permitted to participate in tenders the estimates of which do not exceed two million Kuwaiti Dinars.
Works may not be awarded to a public works undertaker if their value, when added to the works remaining with it, exceeds the maximum limit prescribed for it.
The Agency’s Board of Directors shall set the rules, categories and procedures for the classification of service providers, experts, consultants and technicians, and shall determine the competent body within the Agency that shall undertake their classification.
Classification shall be reviewed periodically.

Article 18

Classification applications shall be submitted during the first week of each month to the Secretariat of the Classification Committee, provided that the applicant specifies the category in which it requests to be classified. These applications shall be referred to the Classification Committee to examine the application and evaluate the financial and technical standing of the applicant and the works it has previously carried out, and the extent to which such capability and works are sufficient for its classification in one of the specified categories, all after the applicant has fulfilled the required conditions.
The General Secretariat of the Agency shall issue its decision on the classification application within one month from the date of submission of the application, and any application on which no decision is issued by the Classification Committee within this period shall be deemed rejected. The Classification Committee shall notify the applicant of its decision within one week of its issuance.

Article 19

Procedures, Conditions and Documents Required for Submitting a Classification Application or Upgrading the Classification Category
First: Procedures for submitting a first-time classification application or upgrading the classification category:
1 – Obtaining the classification or category upgrade application form annexed to these Regulations, including a receipt containing the username and password through which the applicant may submit its application, after payment of the required fees.
2 – Completing the classification or upgrade application form and submitting it to the Classification Committee at the Agency. The Agency may determine the cases of electronic submission through the Agency’s official website.
Second: Conditions to be met by the applicant for first-time classification or for upgrading the classification category:
1- The applicant shall be a Kuwaiti, whether an individual or a company, entered in the Commercial Register.
2- Three years shall have elapsed since the establishment of the company or, for individuals, since the commencement of the activity, and the applicant shall submit the company’s balance sheet (for three years) (original), audited by an auditing firm and certified by the competent government authorities.
3- The technical staff of the company or of the individuals shall be specialised in the works of the requested classification.
4- The activity specified in the commercial licence shall permit the practice of the activity of the requested classification.
5 – The company or individual shall have participated in or executed government projects within the State of Kuwait in the field of specialisation through the Agency, other government entities, or companies and institutions affiliated with the Government in the State of Kuwait, except for the fourth category, for which the applicant is permitted to submit works executed outside the government sector, provided that it submits a copy of the building permits so that the Agency may evaluate these works and consider whether or not they are sufficient to grant the applicant the requested classification category.
6 – The capital of the company or the assets owned by the individual shall not be less than:
(a) First Category: KD 10,000,000/- (ten million Kuwaiti Dinars).
(b) Second Category: KD 5,000,000/- (five million Kuwaiti Dinars).
(c) Third Category: KD 1,000,000/- (one million Kuwaiti Dinars).
(d) Fourth Category: KD 100,000/- (one hundred thousand Kuwaiti Dinars).
7 – Where contracts executed as a subcontractor are submitted, a letter shall be submitted, issued by the entity competent for the main contract, containing approval of the assignment of such work to the applicant as a subcontractor.
8 – Signing a declaration and undertaking as to the accuracy of the particulars and documents submitted and attached to the application.
Kuwaiti companies licensed to invest in accordance with the provisions of Law No. 116 of 2013 on the Promotion of Direct Investment in the State of Kuwait shall be excepted from the provisions of the aforementioned Clauses 2 and 5, provided that the licence is submitted to the Classification Committee at the Agency.
Third: Papers and documents to be submitted by companies or individuals applying for first-time classification or for upgrading the classification category:
1 – A copy of the registration certificate issued by the Agency.
2 – A copy of the commercial licence.
3 – A copy of the Chamber of Commerce and Industry certificate.
4 – A copy of the commercial register entry of the company or individual.
5 – A copy of the company’s memorandum of association and any amendment thereto, and the articles of association in the case of shareholding companies.
6 – A certificate issued by the Public Authority for Manpower showing the percentage of national labour, as well as the extent of the applicant’s compliance with the provisions of the Law on Labour in the Private Sector and the decisions issued thereunder (valid for one year).
7 – A copy of the company’s organisational structure showing the name and job title of the holders of the positions specified in the structure.
8 – A statement of the equipment and machinery owned by the contractor, issued by the General Traffic Department (if any).
9 – Copies of the contracts of executed projects.
10 – Submitting a performance-level certificate for government projects evidencing their full execution.
All attached papers and documents shall be in Arabic.
As for foreign companies, all papers and documents shall be authenticated and certified by the Embassy of the State of Kuwait in the country of the company’s head office and attested in accordance with the procedures followed in this regard.

Article 20

Grievances Against Decisions of the Classification Committee
Any interested party may file a grievance with the Classification Committee against the decisions issued by it, within two weeks from the date of being notified.
The grievance shall be made by a written application stating the grounds on which it is based.
The Classification Committee shall issue a reasoned decision on the grievance within two weeks from the date of its submission, and the Committee’s failure to respond to the grievance within this period shall be deemed a rejection thereof.
In the event of rejection, the grievant may file a grievance with the Board within one week from the date of being notified or of the failure to respond to it, and the Board’s decision shall be final.

Article 21

Rules and Procedures of Pre-qualification
1 – The Requesting Entity shall correspond with the Agency to obtain approval to commence the pre-qualification procedures.
2 – Pre-qualification shall be for a single operation or for a specified period, according to the pre-qualification requirements. In the case of qualification for a single operation, qualification applications shall be submitted at least one week before the date of participation in the tender.
3 – The Requesting Entity shall prepare the qualification booklet containing all documents and forms required for the pre-qualification process, which shall include the particulars of the applicant, its activity, the type of materials and services it wishes to be qualified to supply, its previous works, and its financial, technical and administrative particulars. The Requesting Entity shall conduct the pre-qualification process to prepare lists of approved contractors, suppliers or service providers qualified to participate in the tender, in a manner consistent with the nature of the tender.
4 – The Requesting Entity shall commence the qualification procedures in accordance with the approved criteria, rules and bases, and shall prepare lists of those who pass the qualification in the activities for which they are qualified.
5 – The lists shall be submitted to the Agency for approval or amendment, together with a statement of the bases and criteria on which the Requesting Entity relied in qualifying them, upon requesting approval to invite tenders on the basis of the lists.
6 – The Agency shall announce the names of the companies and individuals successful in the qualification in the Official Gazette and on the Agency’s Website, and the successful and unsuccessful applicants shall be notified of the qualification result in writing.
7 – The qualification conditions and requirements and the evaluation criteria shall achieve transparency and fairness among applicants.
8 – The Requesting Entity may exclude – at any stage – any bidder if it becomes apparent to it that the particulars or documents submitted by that bidder are incorrect, or if the bidder no longer meets any of the qualification conditions.

Article 22

Particulars of the Invitation to Pre-qualify and to Participate in a Public Tender, and Cases of Publication in One Foreign Language in Addition to Arabic
The invitation to pre-qualify or to participate in a public tender shall include the following particulars:
– The Procuring Entity and its address.
– The nature of the goods, works contracts or services required.
– The places where the tender or qualification documents may be obtained, and the charge for obtaining them.
– The method of submitting pre-qualification applications or bids, including the place and deadline therefor.

Article 23

The announcement of the invitation to tender or to apply for qualification shall be published in one foreign language (at least) in addition to Arabic in the following two cases:
(a) If the tender or practice is international.
(b) If the tendering is restricted to foreign companies.

Article 24

Rules for Publication Using Information and Communication Technology
The Procuring Entity may endeavour to use modern information and communication technology, including electronic means, to the greatest extent possible in carrying out procurement procedures in accordance with these Regulations, in order to achieve greater competition and transparency in procurement operations.
When conducting procurement operations by electronic means, the competent authority shall observe the following:
(a) The procurement procedures to be carried out using information technology systems and software, including those relating to the authentication of information, shall be generally available and interoperable with other information technology systems and software that are also generally available.
(b) Using means that ensure that applications for participation in tenders and bids are not tampered with, including means of determining the time of their receipt and of preventing unlawful access to them.
(c) Establishing an official website belonging to the Procuring Entity on the internet as a portal for information on all procurement operations conducted through that entity, such that this website shall be the main source of information relating to the procurement system.

Article 25

Rules and Procedures for the Handing Over and Receipt of Tender Documents
The tender documents shall be handed over to the bidder at the time and place specified in the tender announcement after payment of the fee prescribed for these documents. No bid received after the deadline for submission of bids may be accepted, nor may any bid bearing a mark or sign be accepted, subject to the following procedures:
1- The documents shall be received from the bidder or its representative at the place designated for this purpose in the documents.
2- Verifying the particulars of the bidder submitting the bid or of its representative, and verifying the latter’s capacity.
3- A receipt shall be issued, showing the particulars and capacity of the bidder and the particulars of the tender.
4- Where alternative bids are submitted, a set of the official documents shall be obtained for each alternative bid, and each such set of documents shall be clearly marked as representing an alternative bid, and a delivery and receipt voucher shall be issued for each alternative bid.

Article 26

Cases in Which Fees Are Charged for Providing Tender Documents
Fees shall be collected in consideration of providing the tender documents to those wishing to participate in the tender, as well as in the case of submitting an application to obtain alternative bids, in the manner determined by a decision of the Competent Minister in accordance with the provisions of Article (89) of the Law.

Article 27

Conditions and Procedures for the Delivery and Examination of Samples
Where tenders are invited on the basis of the submission of samples, the following shall be followed:
1. The tender documents shall stipulate the specifications, measurements or volume of the samples, and for goods required to be supplied in containers, the type, capacity and specifications of the container shall be stated.
2. The bidder shall deliver the samples at the time and place specified in the tender documents, at the Procuring Entity or at the Agency’s technical sector, as the case may be, after verification of the integrity of their seals and the soundness of their packaging and their entry in the samples register, against a receipt handed to the person submitting the sample.
3. A bid not accompanied by such samples or by the receipt for them shall not be accepted.
4. The examining entity shall examine the samples and notify the competent authority of the result sufficiently before the specified date, so as to allow the bids to be studied in light of the result of the examination of the samples and the necessary recommendations to be submitted to the competent authority for a decision within the specified time.
The samples shall be returned to the owners of rejected bids within seven working days from the date of rejection. If they do not collect them despite being notified to do so, the Procuring Entity may take whatever action it deems appropriate in respect of them in light of the decisions and rules followed in this regard.
The competent entity shall preserve the samples submitted by the contracting party and shall draw up a record of their specifications, which shall include photographs of the samples and their catalogues. The samples shall be kept with the entity throughout the term of the contract, and the same provisions governing the return of the samples of the owners of rejected bids shall apply to the return of such samples.
If the samples submitted by the contracting party are damaged for any reason not attributable to it before the commencement of supply, the supply shall be made in accordance with the record drawn up of the samples before they were damaged. In the case of damage during the supply period, part of the supplied goods that have been accepted shall be retained as alternative samples for guidance in receiving the remaining goods, and shall be counted towards the quantity to be supplied under the contract.

Article 28

Technical Envelope and Financial Envelope
If the tendering conditions require a technical offer and a financial offer, it shall be stipulated that bids be submitted in two sealed envelopes, one for the technical offer and the other for the financial offer.
The technical envelope shall contain the following:
– The required Bid Bond.
– The general and special conditions and the technical particulars of the offer submitted.
– Full particulars of the Kuwaiti companies or individuals acting as subcontractors to whom part of the execution may be assigned, if the tender documents so require.
– Any other documents or particulars that may be required by the tender documents.
The financial envelope shall contain the following:
– The form of bid, approved by the bidder.
– Price lists and bills of quantities.
– Any other elements that may affect the financial value of the offer, as required by the tendering conditions.
– Any other documents or particulars required by the tender documents.

Article 29

Rules and Procedures of the Pre-bid Meeting
Where the Procuring Entity decides to hold an enquiries session regarding a tender or practice, the following rules and procedures shall be observed:
1 – The announcement shall include the date and place of the pre-bid meeting.
2 – Anyone who has purchased the tender documents may attend the pre-bid meeting in person or through its representative.
3 – Everything recorded in the minutes of the pre-bid meeting shall be deemed an integral part of the tender document and shall be binding upon the bidders.
4 – The questions and enquiries and the replies thereto shall, after their approval, be circulated to all bidders sufficiently before the bid closing date, and the outcome of the pre-bid meeting shall be published on the Agency’s Website without disclosing the source of the enquiry or question.

Article 30

Conditions, Rules and Procedures of the Bid Bond
Each bid shall be accompanied by a Bid Bond, in accordance with the following conditions, terms and procedures:
1 – The Procuring Entity shall determine the amount of the Bid Bond, which shall be included in the tender conditions, at not less than 1% and not more than 5% of the total estimated value of the tender. Any bid not accompanied by the full required bond shall be excluded.
2 – In divisible tenders, the Procuring Entity shall determine the amount of the Bid Bond at not less than 1% and not more than 5% of the estimated value of each item separately, and the bidder shall submit the required Bid Bond for the items for which it wishes to bid.
3 – The Bid Bond shall be in the form of a certified cheque or a letter of guarantee from a bank accredited in the State of Kuwait, issued in the name of the bidder in favour of the Agency, not subject to any restriction, condition or reservation, and irrevocable. Bids not accompanied by this bond shall be disregarded, even if technically acceptable, and the bond shall remain valid for the validity period of the bid.
4- The bidder may not withdraw the Bid Bond except after the lapse of 90 days from the tender closing date or upon the signing of the contract, unless the tender is cancelled.

* Clause (3) corrected by the Corrigendum published in Kuwait Al-Youm (19 March 2017).

Article 31

Date, Place and Procedures for Opening the Envelopes
The Board, or any committees formed by it, shall meet as of nine o’clock in the morning on the day specified in the tender documents for opening the envelopes, in a public session at the Agency’s premises, and the Board or the committee shall open the envelopes and take the following procedures in their order:
1- Recording the condition in which the bids were received, after verifying their integrity.
2- Counting the bids and recording their number in the envelope-opening minutes.
3- Verifying that two separate envelopes have been submitted for each bid, one for the technical offer and the other for the financial offer, where the tender is invited under the two-offer system, and recording this in the envelope-opening minutes.
4- Opening the envelopes and numbering the bids in the form of a common fraction, the numerator of which is the bid number and the denominator the number of bids received, and recording this on each envelope and on each sheet inside it; the data shall be broadcast live on the Agency’s Website.
5- Keeping the financial envelopes, after they have been signed, unopened in a securely locked place, where the tender is invited under the two-envelope (technical/financial) system.
6- Reading out the name of the bidder and the price offered by it (in the case of a single envelope), the value and type of the Bid Bond, and the other contents of the bid to those present from among the bidders or their representatives.
7- Signing of the technical or financial bids, as the case may be, by the chairman of the meeting and the members present, after the bids have been stamped and transcribed into the price tabulation sheets.
8- Marking with a red circle every erasure or correction in the particulars contained in the bid, and signing of these markings by the chairman of the meeting.
9- Signing of the envelope-opening minutes by the chairman of the meeting and the members present.
10- Keeping the Bid Bonds with the Agency, after signing for their receipt on the envelope-opening minutes, in accordance with the prescribed procedures.
11- Referring the technical bid envelopes to the Requesting Entity, recording the date of their delivery to that entity.
12- Preparing statements of the result of opening the technical or financial bids, as the case may be.
The Board or the committee shall complete its entire work in the same session.

Article 32

Time Limit for Accepting or Excluding Technical Offers and the Rules Governing It
The period prescribed for accepting or excluding technical offers in the case provided for in Article (50) of the Law shall be 10 (ten) days. The technical committee may request the Board to extend this period up to a maximum of 20 (twenty) days in the case of major and technically complex projects. The period shall begin to run from the date on which the technical committee receives the acceptable bids, in accordance with the following rules:
1 – The period shall begin to run from the date on which the technical committee receives the acceptable bids.
2 – Where samples are submitted for examination, the same procedures referred to in Article (27) of these Regulations shall be followed.
3 – The decision of rejection and acceptance shall be published on the Website in accordance with the rules provided for in the Law and these Regulations.

Article 33

Date and Place of Opening the Financial Envelopes
The Board shall meet, beginning at nine o’clock in the morning on the day set for opening the financial envelopes of the technically acceptable offers, in a public session at the Agency’s premises, in accordance with the procedures and rules provided for in Article (31) of these Regulations.

Article 34

Period of Announcement of the Price Tabulation Sheets and Any Other Details
The Agency shall announce the price tabulation sheets of the tender bids for a period of (5) five working days, and the announcement shall include the following particulars:
1. The Requesting Entity, the tender number, its subject, and the date of the meeting at which the bids were opened.
2. The total amount of the value of each bid in Kuwaiti Dinars, unless the tender documents provide for another currency; and the percentage written in the form of bid shall be recorded for fixed-price tenders.
3. The names and numbers of the items and the total value of each item separately, for a divisible tender.
4. The name of the Bidder.
5. The excluded bids.

Article 35

Principal Evaluation Elements to Be Included in the Conditions Booklet
The conditions booklet shall include the principal evaluation elements, including:
1. The number and size of the projects executed by the contractor that are of the same nature as the project to be executed
2. The proposed method of execution.
3. The time schedule for execution.
4. Performance certificates from clients.
5. Technical data on the sources of materials or equipment.
6. A statement of the types and specifications of the machinery and equipment used in execution.
7. The experience and names of the technical staff who will supervise the execution of the work on behalf of the contractor.
8. Subcontractors and their experience.
The tender documents shall also specify the minimum technical acceptance threshold for the technical offers.
In the case of tenders that require a comparison and weighing between the financial offers, including the evaluation of non-price elements at a monetary value, the tender documents shall include the following:
– The bases for calculating the cost that may arise from operation and maintenance works throughout the project execution period.
– The bases for evaluating the non-price elements and converting them into a monetary value.

Article 36

Award Procedures and Rules in Cases Not Requiring Technical Examination
In cases not requiring technical evaluation, the Agency shall immediately award the tender to the Bidder whose bid conforms to the requirements of the tender documents and is the lowest in price, in accordance with the following rules and procedures:
1- Listing the bids in the envelope-opening minutes and recording the prices.
2- The Agency shall issue an award decision in the same session.
3- The award decision shall be published on the Website.
4- The Bidder shall be one of those previously qualified.
5- The Agency shall draw up minutes recording the procedures taken and all the documents required in the tender documents.
Any person aggrieved by the award decision may file a grievance against it in accordance with the provisions of the Law and these Regulations.

Article 37

Pricing Rules and Procedures
All bids shall be priced in the Official Currency unless the tender documents provide otherwise, and the pricing rules and procedures shall be as follows:
1 – If the tender documents permit the submission of bids in different convertible currencies, bid prices shall be converted into Kuwaiti Dinars for the purpose of evaluation, provided that the exchange rate is determined at the selling rate announced in the bulletin of the Central Bank of Kuwait on the day of opening the financial envelopes as stipulated in the tender documents.
2 – Prices and their breakdowns shall be written in figures and words in a manner that cannot be erased.
3 – The prices set in the price schedule shall include all expenses and obligations of whatever kind, and shall cover the completion of all works, delivery to the Requesting Entity and the warranty thereof in accordance with the terms of the contract.
4- A schedule of spare parts prices shall be submitted where the tender documents so provide, provided that their prices remain fixed during the period specified in the tender documents.

Article 38

Rules and Procedures for Reviewing Abnormally Low Bids
Before rejecting a bid whose prices are substantially low and fall by an unjustified percentage below the estimated value of the tender budget approved by the Requesting Entity, the Board shall be guided by the most recent prices previously dealt with locally or abroad and by market prices, and shall verify the appropriateness of the indicative estimated prices for the items subject of the tender and the extent of their consistency with the prices prevailing in the market at the time of submission of bids. The measures taken and the results reached in this regard shall be recorded in the minutes of the session.
The Board shall also address a written request to the bidder submitting the low bid or to the best low bidders, one after the other if necessary, to explain the details of the components of the bid considered relevant to its low price, and in particular the following:
1 – The bidder’s record of works it has executed and whatever supports its technical capability.
2 – Examination of its financial position and everything evidencing its financial solvency and its ability to meet the financial requirements of the tender.
3 – A statement of the bases and criteria on which it relied in setting the prices of its bid.
4 – Submission of an economic study covering the construction method, the manufacturing process or the provision of services.
5 – A statement of the technical solutions chosen, or the exceptionally favourable conditions available to it, for executing the works, supplying the goods or providing the services.
6 – A statement of the innovation it proposes in executing the works, supplying the goods or providing the services.
7 – Compliance with the laws and regulations in force relating to the protection of workers and working conditions at the place where the works, services or supplies are to be executed.
The Board may reject the low-priced bid if, after verifying the aforementioned elements, it becomes satisfied that the bidder’s financial and technical capabilities are weak to an extent that affects the performance of its obligations.
All enquiries, clarifications and discussions conducted between the low-priced bidder and the Board, and the replies thereto, shall be recorded, documented and kept in the tender file.

Article 39

Rules and Conditions for Granting Preference to Bids Submitted by Owners of Small and Medium Enterprises
Bids submitted by owners of small and medium enterprises shall be granted preference, if they conform to the conditions and specifications, where the prices of two bids are equal and one of them belongs to a small or medium enterprise, in accordance with the following rules:
1 – Obtaining a certificate from the National Fund for the Care and Development of Small and Medium Enterprises – where the enterprise is a beneficiary of the Fund – stating that the enterprise has not defaulted and that its contract with the Fund is in good standing, which shall be attached to the bid submitted by the owner of the small or medium enterprise at the time of submission of the bid.
2 – With respect to other small and medium enterprises – not subject to the National Fund for the Care and Development of Small and Medium Enterprises – evidence of their compliance with the number of workers and the capital provided for in the aforementioned Law No. (98) of 2013 shall be submitted.
3 – No assignment or subcontracting shall be permitted after the award of the tender to bids of small and medium enterprises except with the approval of the Procuring Entity.

Article 40

Percentage of Preference for the National Product
In supply tenders – or their equivalent – the Board or the Requesting Entity, as the case may be, shall award to the National Product where it conforms to the specifications and conditions and the prices offered for it do not exceed the lowest prices offered for similar imported products conforming to the specifications by more than (15%) fifteen percent.

Article 41

Rules and Procedures for Notifying the Concerned Entities and the Winning Bidder of the Tender Result
After a decision awarding the tender has been issued, the Agency shall follow the following:
1- Notifying the Requesting Entity of the tender result within a period not exceeding five working days starting from the day following the issuance of the award decision; the Requesting Entity shall reply with its comments on the award within a period not exceeding ten days from the date of its receipt of the notification.
2- Notifying the winning Bidder in writing, after the approval of the State Audit Bureau, of the acceptance of its bid and the award of the tender to it, within one week from the date of receipt of the Bureau’s approval. If the total value of the bid does not fall within the threshold prescribed for the State Audit Bureau, the winning Bidder shall be notified by the same procedures set out above within one week from the date of receipt of the Requesting Entity’s reply.
3- Sending a copy of the letter notifying the winning Bidder to the Requesting Entity.

Article 42

Conditions, Rules and Procedures of the Performance Bond
Subject to the provisions of Article (65) of the Law, the announced tender documents shall set the value of the Performance Bond at an amount not less than (10%) ten percent of the total value of the contract. It shall be deposited by way of an acceptable bank letter of guarantee from a bank accredited in the State of Kuwait, issued in the name of the winning Bidder in favour of the Requesting Entity, not subject to any conditions or reservation, payable in full, and irrevocable.
The letter of guarantee shall be valid from the time of its issuance until three months after the completion of the performance of the contract, unless the tender documents provide for a longer period.
The Requesting Entity shall observe the following:
1- Retaining the entire bond until the contract has been finally performed, including the warranty or maintenance period, and this shall be stipulated in the tender documents.
2- Keeping special registers to monitor the letters of guarantee submitted by its contracting parties, and following up the procedures for requesting the extension of their validity, their forfeiture or their release.
3- Extension of Performance Bond letters of guarantee:
– The validity period of the letter of guarantee shall be extended not less than two months before the expiry of its validity, where there are justifiable reasons for the extension pursuant to the provisions of the Law, these Regulations and the terms of the contract.
– The extension request shall be addressed directly to the bank, and the contracting party shall be provided with a copy thereof. The extension shall be for the necessary period required, and the extension request shall state that if the bank does not complete the extension procedures before the expiry of the validity of the guarantee, it shall pay the value of the guarantee to the entity immediately.
– The validity period of the performance letter of guarantee in public works contracts shall be extended if the contracting party delays the performance of maintenance and warranty works, by a period not less than the period of delay, and this shall be stipulated in the tender documents.
4- If the value of the Performance Bond decreases as a result of an increase in the scope of work, the quantity of supplies or the services rendered, or the deduction of any amounts from it, or otherwise, the contracting party shall increase the value of the Performance Bond to the equivalent of the percentage specified in the tender documents within ten working days from the date on which the entity notifies it thereof in writing – with acknowledgement of receipt. If it does not complete the Performance Bond, the entity shall have the right to deduct the required supplementary amount from its entitlements with the entity under this contract or any other contract with it, without prejudice to the other provisions contained therein.
5- Retaining all the original documents of the bank letters of guarantee until they are returned after the purpose for which they were issued has ended.
6- Subject to the provisions of Article (70) of the Law, the Performance Bond, or whatever remains of it, shall be returned to its owner, without request, immediately upon the final completion of the performance of the contract, including the warranty or maintenance period, unless it is due to cover any rights arising from the performance of the contract or any other rights due to the Requesting Entity or to any other government entity.
7- Providing the Agency with a report stating the termination of the contract and any fines imposed on the contracting party accordingly, if any.

Article 43

Procedures for Submitting and Deciding on Complaints
The following procedures shall be followed in submitting and deciding on complaints:
1- The complaint shall be submitted in writing, setting out the grounds on which it is based and accompanied by the supporting documents.
2- The complaint shall be submitted to the Procuring Entity or to the head of the Requesting Entity, as the case may be.
3 – The complaint shall be entered in the procurement procedures register, and the complainant shall be given a receipt showing the date and number of the complaint; the action taken on it shall also be recorded in the register.
4- The complainant may be summoned to hear his statements or to request the submission of documents relating to the complaint.
5- A Bidder’s complaint shall be submitted to the head of the Procuring Entity or the tendering entity in the event of its breach of any of its obligations set out in the Law or these Regulations, where this results in loss or damage to the Bidder, and this may be done at any stage of the procurement.
6- If the complaint relates to a deficiency in the preparation of the technical tender documents or their general conditions that undermines the rules of equality, fairness and equal opportunity, any interested party may submit a complaint until the closing of bid submission.
7- If the complaint relates to procurement procedures before the conclusion of the contract or before the commencement of its performance, it shall be submitted within (7) working days from the date of publication of the decision or action complained of, or of the notification of the interested parties, whichever is earlier.
8- Complaints against decisions issued by the Agency shall be submitted to the Board for decision.
9 – The head of the Procuring Entity or the Agency’s committees, according to their competence, may suspend the procurement procedures within seven working days from the date of submission of the complaint.
10- The complaint shall be decided by the head of the Requesting Entity or by the Board, according to competence, within seven working days from the date of its submission, by a reasoned decision setting out the corrective measures necessary for the integrity of the tender procedures.
11- The complainant shall be notified of the decision issued on his complaint in writing or by any electronic means.

Article 44

The submission of grievances and the decision thereon shall be in accordance with the following procedures:
1- Grievances against decisions of the Board shall be submitted to the Grievances Committee within seven working days from the date of publication of the decision relating to the tender or procurement, or of the notification of the interested parties, whichever is earlier. In the case of a grievance against a penalty imposed by the Board on the Undertaker, the period shall be (30) thirty days from the date of issuance of the penalty decision.
2- The grievance shall be entered in a special register after payment of the grievance application fees, and the grievant shall be given a receipt showing the number and date of the grievance.
3- Immediately upon its entry, the grievance shall be presented to the chairman of the Committee, who shall refer it to the Committee to examine it and take the necessary decision.
4- The Committee shall have the right to hear the grievant’s statements. If the grievance is against a penalty, the Committee shall summon the grievant, hear his statements and examine his defence, and shall request from the Board the necessary documents; it may also summon whomever it deems necessary to hear.
5- The Committee shall notify the grievant, in writing or by any means of information technology, of its conclusion on the grievance.
6- If the grievance is accepted, the Committee shall notify the Chairman of the Agency of the corrective measures contained in its decision.
7- The Agency shall circulate the penalties it issues to the relevant entities. If a grievance against any of the penalties imposed by the Board on the Undertaker is accepted and the penalty is cancelled, the Agency shall circulate this to the relevant entities.
8- The grievance fees shall be refunded if the grievance is accepted in form and in substance.

Article 45

System and Rules for Preventing Conflicts of Interest
1- A conflict of interest shall exist where any of those participating in taking decisions in the operation put to tender has a direct or indirect interest therein.
2- A participant in taking decisions or in the works of tenders, practices or direct orders falling within the competences of the Agency or of the Requesting Entities shall include every person who carries out any of the procedures required by such works, or who issues the decision, order or contract, or gives an opinion thereon before it is taken, whether the participant is an employee of the entity or of the Agency, or a member of the Board of Directors, of the Grievances Committee or of the Collective Procurement Committee at the Ministry of Finance.
3- A direct interest shall exist if the participant himself, his spouse or any of his relatives up to the second degree is the bidding, practicing, contracting, supplying or undertaking entity, whether alone or jointly with others, or owns a share in it, or is a member of the board of directors of that entity, an employee of it, an agent for it or a sponsor of it.
4- An indirect interest shall exist if the participant is in a position in which there is a likely suspicion that he will obtain a private benefit or advantage, even if only potential.
5- Any person who has any conflict of interest, directly or indirectly, shall disclose the nature of the interest in writing to the competent authority at the Agency or at the Requesting Entity, and shall immediately refrain from participating in taking the decision or in the works.
6- Any person who violates the foregoing rules shall be held disciplinarily accountable in the entity to which he belongs, in addition to the correction of the procedures, and the contract concluded with the person having the interest shall be voidable, without prejudice to the right of the Requesting Entity to claim compensation.
7- The Agency shall publish these rules on its Website and through such available means of information technology as it deems appropriate.

Article 46

Provisions and Rules on the Conduct Required of Bidders and the Measures to Be Taken in Case of Violation
1- Bidders and Undertakers shall abide by their obligations set out in the Law and its Executive Regulations, the requirements, documents and conditions of tenders, procurement contracts and the rules of public procurement.
2- The Bidder or Undertaker shall not, whether itself or through others, commit any act involving any form of corruption or fraud.
3- The Bidder or Undertaker shall not exercise any coercion or deception to influence any of the parties to the tender or the contract or those participating in it or in its performance.
4- Undertakers shall refrain from any act, or from forming any cartel or collusion among themselves, that would harm the interests of the Requesting Entity.
5- The Bidder or Undertaker shall not provide false information.
6- A Bidder shall not submit more than one bid in a tender, except for alternative bids if the tender documents so permit.
7- If the Bidder or Undertaker violates any of the foregoing, it shall be subject to one of the penalties set out in Article (85) of the Law, in accordance with the conditions and procedures set out therein.

Article 47

Rules for Publishing Schedules of Tenders and Pre-qualifications
1- The organisational unit of the Public Entity shall prepare schedules of the tenders and pre-qualifications to be invited, in accordance with the binding annual plans for supply, works and services contracts.
2- The schedules shall include a sufficient summary of the tenders and pre-qualifications.
3- These schedules shall be published in the Official Gazette and on the entity’s Website.
4- Publication shall take place at least (90) ninety days before the tender is invited or the call for pre-qualification is made.

Issued on 31 January 2017 and published in the Official Gazette Kuwait Al-Youm on 5 February 2017.