7/23/2019 Law 26 2005 Tender Law http://slidepdf.com/reader/full/law-26-2005-tender-law 1/17 Law No. 26 of 2005 promulgating the Tenders and Bids Regulatory Law 26 / 2005 Number of Articles: 78 Stars icon indicate that some articles are amended able of Content suance Articles (1-5) rt 1 (1-23) eneral Provisions (1-23) hapter One (1-11) ontracting Provisions and Methods (1-11) hapter Two (12-18) e Central Tenders Committee (CTC) (12-18) hapter Three (19-23) assification of Contractors (19-23) rt 2 (24-59) blic Tenders (24-59) hapter One (24-35) ndering Procedures and Proposal Submissions (24-35) hapter Two (36-38) nder Bond (Provisional Insurance) (36-38) hapter Three (39-43) pening of Envelopes and Technical Assessment (39-43) hapter Four (44-59) nder Disposition, Contract Finalization and Implementation (44-59) rt 3 (60-62) cal Tenders, Competitive Negotiation and Direct Agreement (60-62) hapter One (60-61) cal Tender (60-61) hapter Two (62-62) ompetitive Negotiation and Direct Agreement (62-62) rt 4 (63-73) ds (63-73) We, Hamad Bin Khalifa Al-Thani, Emir of the State of Qatar, aving perused the Amended Provisional Constitution, in particular Articles 23, 34 and 51 thereof; aw No. 2 of 1962 on regulating the Qatari general financial policy, as amended by Decree-Law No. 19 of 1996; aw No. 8 of 1976 on regulating tenders and bids (auctions), and the amending laws thereof; ecree-Law No. 14 of 1991, as amended by Law No. 11 of 2002, regulating the Ministry of Justice and assigning s responsibilities; aw No. 4 of 1995 on the Audit Bureau and the amending laws thereof;
he Civil Services Law issued pursuant to Law No. 1 of 2001;
aw No. 11 of 2005 regulating the Ministry of Finance and assigning its jurisdictions;
he Council of Ministers’ Decision No. 9 of 1996 on regulating the Ministry of Finance, Economy and Commerce’s
ommittee of Claims and Compensations, and the amending decisions thereof;
ecommendation from the Minister of Finance;
he draft law submitted by the Council of Ministers;and
fter consulting the opinion of the Shura Council,
ave decided to pass the following Law:
suance Articles
rticle 1 - Introduction
he provisions of the annexed Law regulating tenders and auctions shall come to force and shall apply to all ministries, other prospective
vernmental bodies, and all public institutions and authorities, provided that these provisions do not conflict with the laws and decisionstablishing thereof. The following shall be excluded from the scope of the application thereof:
1. The Armed Forces and the Police, in respect of procurement of materials and contracts deemed to be of a confidential nature, for their
identification and regulations of conditions of tenders and contracts thereof a decision from the Emir.
2. Qatar Petroleum.
rticle 2 - Introduction
execution of the provisions of the attached Law, the competent “Government body” shall mean the competent ministry, or governmental service
public authority or institution, institution for which the contract is implemented. The “Tendering Committee” means either the Central Tendersommittee (CTC) or the Local Tendering Committee, as appropriate.
ticle 3 - Introduction ( Amended By Law 22/2008)
s amended by Article 1 of Law No. 22 of 2008)
e Council of Ministers, upon receipt of a proposal from the Minister of Economy and Finance, shall issue the Executive Regulations of this Law
thin one year from the date of its promulgation. Pending this, all current decisions shall remain in force in such a way that does not conflict with
e provisions hereof.
rticle 4 - Introduction
w No. 8 of 1976 refered to shall be repealed and any provision that conflict with the provisions of this Law.
entities, each within its respective jurisdiction, shall implement this law , which shall be published in the Official Gazette.
art 1
General Provisions
Chapter One
Contracting Provisions and Methods
rticle 1
ontracts relating to the procurement of goods, commercial contracts, services or technical works shall be concluded through tenders. Exceptions mayply through either of the following:
1. Enduring practice; or 2. Mutual agreement.
ntracts shall be concluded according to the regulations, terms and procedures in the present Law and Executive Regulations thereto.
rticle 2
nders may either be General, Restricted or Local. General and Local Tenders shall be publicly announced, and are subject to the publicity principles of ocedures, equity and free competition.
rticle 3
General Tender is the total of announced procedures inc compliance with the terms and conditions prescribed in this Law for the purpose of awarding a
nder to the best bidder. Tenders shall either be internal, where it is locally announced, or external, where it is announced locally and outside.
rticle 4
estricted Tenders shall be in the cases that, due to their nature, be confined to designated suppliers contractors, consultants or technicians specifiedrsonally in lists prepared by the competent government body for this purpose and endorsed by the Central Tenders Committee provided that they are,chnically and financially competent and of well-reputation. The Executive Regulations of this law shall be determined under the qualification regulation onhich the aforementioned lists are prepared. The competent tenders Committee shall invite for the participation in the specified tender. The invitation shall
by the means the Committee sees appropriate. The enclosed information shall include announcing the general bid. Notwithstanding, all other provisionsgulating the general bid shall be applicable to the specified bid whether internal or external.
ontracts for the procurement of goods, construction workor the rendering of services where the value of such procurement of goods, business contractsservices not exceeding QR 5,000,000 (five million Qatari Riyals)shall be concluded through Local Tenders. Such tenders are restricted to therticipation of commercially registered suppliers and contractors and local services providers registered in the commercial register. Notwithstanding, allher provisions regulating public or general bid shall be apply to the local bid.
ticle 6 ( Amended By Law 22/2008)
rticle 6
mended in accordance with Article 2 of Law No. 22 of 2008)
ontract shall be by practise negotiation in conditions whereby putting out to tender is deemed inapplicable, to select from at least of three suppliers or ntractors or service providers registered in the commercial register who have the required goods, or capability to undertake the job or conducting thequired services.
rticle 7
ontracting shall be conducted through direct agreement with a certain supplier, contractor or service provider to procure goods, implement works or ndering specific services due to the nature and specify of the goods, works or services.
rticle 8
s not permissible, to turn the bid into direct practice (competitive negotiation) or agreement after the announcement of the bid and submitting the bids.
rticle 9
ontracting shall be within the actual necessary requirements for the prescribed activities. Periodical supplies and services contracts shall be concludeda duration exceeding the fiscal year provided that this does not entail additional financial commitments in one of the following fiscal year(s) than what
as prescribed in the contracting year.
ticle 10 ( Amended By Law 22/2008)
mended in accordance with Article 1 of Law No. 22 of 2008)
the event of a dispute in the contract, the two contracting parties, upon approval from the Minister of Economy and Finance, shall resort to arbitration for esolution, provided that each party continue implementing his contractual obligations.
e contractor may not waiver, all or part, of the due amounts to third parties without the approval of the competent Governmental Body. In case of waiver the contract, the contractor shall be jointly responsible with the assignee. The acceptance to waiver due amounts shall not prejudice the rights of the
ompetent Governmental Body.
Chapter Two
The Central Tenders Committee (CTC)
ticle 12 ( Amended By Law 22/2008)
s amended in accordance with Articles 1 and 2 of Law No. 22 of 2008)
committee called the Central Tenders Committee (CTC) shall be established and shall be affiliated to the Minister of Economy and Finance. The Centralnders Committee shall enjoy legal personality and shall be allocated a budget attached to the State's general budget.
e Committee shall comprise a president, vice president and members whose number shall be not less than five (5) and not more than seven (7) andmong whom shall be representatives of the Ministry of Justice and the Ministry of Economy and Finance. Such representatives shall be mandated by theevant Ministers.
he appointment of the Committee president, vice president and members, shall be by an Emiri decree following the proposal of the Minister of Economyd Finance,
e duration of Committee membership shall be three years, subject to renewal for similar term(s). Representatives of the competent Governmental Body,well as a representative from the Audit Bureau, shall attend the Committee meetings.
ticle 13 ( Amended By Law 22/2008)
mended in accordance with Article 1 of Law No. 22 of 2008):
e Central Tenders Committee (CTC) shall be assigned a trustee to be assisted by a number of employees whose appointment, competence andmuneration shall be determined by a decision from the Minister of Economy and Finance.
ticle 14 ( Amended By Law 22/2008)
mended in accordance with Article 1 of Law No. 22 of 2008)
e Central Tenders Committee (CTC) shall have an Executive Committee that shall be comprised of the necessary administrative units for the executionits competence. Identification, competence of the administrative units shall be determined pursuant to a decision by the Council of Ministers, upon theoposal of the Minister of Economy and Finance. Provisions of the Civil Service Law shall apply to officials of the Executive Committee.
ticle 15 ( Amended By Law 14/2010) ( Amended By Law 22/2008)
mended in accordance with Article 1 of Law No. 14 of 2010):
e Central Tenders Committee shall be responsible, upon request from the competent Governmental Body, and in accordance with the provisions of theesent Law, for submitting bids of value exceeding QR 5,000,000 (five million Qatari Riyals). It shall also be responsible for providing, logistics, storaged distributing thereof, in accordance with the provisions of the applicable relevant laws and decisions..
e Central Tenders Committee (CTC) shall be responsible for receiving tenders opening envelopes, Scrutiny, and recommending the bid for the bestnder.
rticle 17
e Central Tenders Committee (CTC) shall meet at its headquarters. A CTC meeting shall be regarded as quorate if it includes a majority of its memberscluding either the president or the Deputy. Recommendations of the Committee shall require the support of two-thirds majority of attending members.nutes shall be kept for each Committee meeting, to record discussions and recommendations. Minutes shall be signed by the president, attendingembers and the trustee.
y member of the Committee may not be allowed to attend meetings, participate in discussions and give views in any bid he/she has an interest therein.
ticle 18 ( Amended By Law 22/2008)
mended in accordance with Article 2 of Law No. 22 of 2008)
pon a decision from the Council of Ministers, Tender and Bidding Committees may be established in some bodies/authority where this Law is applicable.ese Committees shall assume all or some of the competence of both Central and Local Tender Committees, in accordance with terms and regulationstermined by the law, for the Tender and Bids of bodies thereof.
Chapter Three
Classification of Contractors
rticle 19
committee called the Contractors' Classification Committee shall be established as a sub-committee of the Central Tenders Committee (CTC). Thisb-committee shall be responsible for the classification and re-classification of contractors into different categories and fields of specialty in accordanceth their financial, technical capabilities, expertise, competence and profile of previously implemented projects. This shall be done in accordance with theovisions and procedures of the Executive Regulation of the present law.
ticle 20 ( Amended By Law 22/2008)
mended in accordance with Articles 1 and 2 of Law No. 22 of 2008 )
e Contractors' Classification Committee shall be headed by a member of the Central Tenders Committee (CTC) with members from the followingthorities:
vice president shall be appointed for the Contractors' Classification Committee from one of its members. Each authority shall select its representative ine Committee. The president, vice president and members shall be appointed by a decision of the Minister of Economy and Finance. The Committee shallve a trustee and other assisting staff, their appointment, competence and remuneration shall be specified by a decision of the Minister of Economy andnance. The Committee may, in the competence/functions of its work, seek the assistance of experts and technicians thereof.
rticle 21
e Contractor's Classification Committee shall hold its meetings in the headquarters of the Central Tenders Committee (CTC). A meeting of theommittee shall be regarded as being quorate if a majority of its members, including either the president or Deputy president, is in attendance.
ticle 22 ( Amended By Law 22/2008)
mended in accordance with Article 1 of Law No. 22 of 2008)
e Contractor's Classification Committee shall be responsible for studying the contractors classification application within thirty (30) days of the date of bmission. The Committee shall pass its recommendations with a majority of voting members. In instances where there are equal votes on, the presidentall have casting vote. The Committee shall submit its recommendations to the Central Tenders Committee for endorsement.
e Committee shall notify the contractor of their classification within a period of not more than seven (7) days from the date of the decision. Contractorsay appeal the decision within seven days of the date of notification, to the Minister of Economy and Finance. The Minister shall take a decision within ariod of fifteen (15) days of the date of submitting the grievance complaint. The Minister decision shall be considered final.
rticle 23
e contractor may request a reconsideration of the classification decision after at least one year has elapsed from the date of issuing the decision. Thequest may be submitted annually. The provisions of the previous Article shall apply to the request of reconsideration.
art 2
Public Tenders
Chapter One
Tendering Procedures and Proposal Submissions
rticle 24
e competentGovernmental Authority shall prepare purchase orders, business contracts or services to be required to be delivered within a sufficient timeor to the actual need. This shall be subject to the estimated price of the allocated tender, the availability of sufficient funds, and the fulfillment of essentialpects required to submit and implement tenders, including necessary instructions to suppliers and contractors, complete detailed patterns, accurate,tailed quantity tables explaining items, and due procedures required to implement the contract, penalties for contractual breaches or delay, in addition toe tender forms and general terms and conditions of the contract. The competent Government Body shall send purchase orders, projects contracts and
rvices to the Audit Bureau, and the Fatwa and Contacts Department at the Ministry of Justice for consideration prior to referring them to the respectivender Committee.
mended in accordance with Article 2 of Law No. 22 of 2008)
e Central Tenders Committee (CTC) shall announce public tenders by advertising in at least two local daily newspapers, with an interval of at leastven (7) days and not more than fourteen (14) days. Furthermore, the advertisements shall be posted on the notice boards of the Central Tenders
ommittee (CTC) and the competent Governmental Authority concerned. Announcement abroad shall be through the embassies of the State. In addition,the above, modern information and communication technologies may be utilized as a means of advertising public tenders.
rticle 26
blic tender announcements shall include the following information:
1. The reference number and the tender topic;
2. A brief description of the products, works or services to be procured;
3. The entity which provide tender documents;
4. Price of tender documents;
5. Statement of category and specialization;
6. Procedures of submiting of tenders;
7. The authority to which tenders should be submitted as well as the deadline of submission;
8. The date on which envelopes shall be opened;
9. The amount required as a Performance Bond and validity period;
0. The duration of the tender, which shall be ninety (90) days from opening the envelopes;
1. The final performance bond) amount required from the successful bidder, as well as its validity period; and
2. Statement of the rights of the competent Governmental Authority during the period of the contract, upon the approval of the Central TendersCommittee (CTC), to increase or decrease the quantities of goods, works or services required at a rate not exceeding twenty (20) percent of thevalue of the contract in compliance with the same conditions, and prices, provided that increase shall be of the same kind of goods, works or services of the contract.
rticle 27
nder documentation, including terms and conditions, list of material, works, or services required, and technical specifications and patterns, shall beady prior to tender announcements being made, and shall be made available upon request by interested parties after payment to the entity specified ine advertisement.
ticle 28 ( Amended By Law 22/2008)
mended in accordance with Article 2 of Law No. 22 of 2008)
e bidder is not permitted to be a member of the competent/respective tender committee or staff in the Central Tenders Committee (CTC) or competentovernmental Authority. Partners, agents, employer or board member in the biding institution or corporation or any other individuals who have any stake ine bid shall be subject to the above prohibition.
rticle 29
nders, with signature of the respective tenderer on the stamped/sealed tender form and tables attached therewith by the competent Governmentalthority, shall be submitted at the pre-announced due dates.
hall be submitted in closed and sealed envelopes with the name of the bid name, reference number and deadline of submission.
e representative to submit the tender shall drop the envelope in the tender box designated for the purpose. The respective official shall sign on eachvelop writing date of submission and time. Bidders outside the country may submit their proposals via registered mail, providing that the tenders reache Central Tenders Committee (CTC) before the submission deadline. Executive regulation of this Law shall determine the specification of the boxes inhich tenders are placed as well as proper procedures for opening and closing.
rticle 30
e respective tender committee may announce the bid by the 'double envelope' system where the tender is submitted in two separate sealed envelopes:e is technical and other is financial. The technical envelopes be opened and evaluated before financial envelopes. Financial envelopes shall be openedly for those tenders that meet the technical requirements of a tender.
rticle 31
nderers shall abide by the regulations indicated in the bids documents, and shall complete the tender on the tender forms according to terms andnditions therein. Tenderers shall not alter the tender documents by any way. Tenders not including total fixed prices. Any tender not abiding by theseovisions shall be and void. Tenderers may add certain stipulations or modifications to the tender forms by enclosing separate detailed appendicesddendum) which shall be referenced in the body of the proposal.
rticle 32
nless otherwise indicated in the tender, tenders shall be priced in the local currency. Tenders using other currencies may be accepted on condition thatese will be equated with the local currency in accordance with the prices announced by the Qatari Central Bank at the time of opening of envelopes. Theal price indicated in the tender form shall be adopted. Other figure or mistakes by the bidder during calculating the total price of the tender shall not bensidered,.
.
enderers will not be allowed to alter any prices after the submission of tenders. If upon evaluation of the tender and calculating the price items, ascrepancy is found between the total sum indicated in the tender form and the total real price, the total lower price shall be adopted. Should anythmetic error exceed five (5) percent of the total price in the tender form, the tender shall be disqualified unless, for reasons of public interest, thespective tender committee, considered unanimously to accept the tender. Should the total amount indicated in letters in the tender be different from theal amount indicated in digits, the amount indicated in letters shall prevail.
ticle 33 ( Amended By Law 22/2008)
mended in accordance with Article 2 of Law No. 22 of 2008):
th regard to contracts awarded for the purchase of commodities, should the tenderer fail to supply the price of one of the commodities indicated in thet submitted by him, it will be considered that he is not willing to participate in the bid for this item. In works contracts, if the tenderer did not specify a priceone of the items in the contract work presented by him, the respective central tender committee shall reserve the right either to exclude the tender or toply the highest price to that item indicated in other technically acceptable tenders for the purpose of comparison. The executive Regulation of this law
he conditions of a tender require the provision of samples of the requested material, the tenderer shall submit such samples to the entity specified in thenditions of tender within the specified time frame. In such cases, tenders shall not be accepted unless accompanied by the relevant samples. Thespective tender committee may provide tenderers grace period to submit the samples. Samples shall be returned to unsuccessful or disqualifiednderers.
rticle 35
nder submitted shall have be valid during the validity period specified in the bid and may not be withdrawn by tenderers during this period.
Chapter Two
Tender Bond (Provisional Insurance)
ticle 36 ( Amended By Law 22/2008)
mended in accordance with Article 2 of Law No. 22 of 2008)
e temporary performance bond, as specified in the tender announcement, shall be deposited with each tender. The temporary performance bond shallin the form of an acceptable cheque or acceptable bank guaranteed from a local bank; and unconditioned. These banks guaranteed chequs shall be
lid for full payment for a period of no less than thirty (30) days from the end of the fixed validity period. The committee shall reserve the right to excludender that do not include provisional bonds.
rticle 37
ovisional bonds shall be returned to the unsuccessful tenderers immediately unconditioned, upon the end of the validity period of the tender, or prior toat if the successful tenderer deposits the final performance bond. No application process shall be required for the return of provisional bonds.
rticle 38
e value of the final performance bond shall be, determined by the terms and conditions of the announced bid, of no less than ten (10) percent of thentract value, and shall be deposited with an acceptable, irrevocable payable in full bank guarantee from a local bank. The final performance bond shall beained in full until the completion of the contract including the warranty period in accordance with the conditions of the bid. The performance bond shall beurned to its owner unconditioned within seven (7) days of the final implementation of the contract.
Chapter Three
Opening of Envelopes and Technical Assessment
rticle 39
e competent tender committee shall open each bid consecutively in the determined time. Tenders shall be listed and entered into tables prepared for thisrpose where they shall be serially numbered. Each opened tender shall be marked with a common fraction where its numerator shall represent thenderer's number and its denominator shall represent the total number of submitted tenders. The committee shall finish all procedures relating to theening of tenders in a single session. In the case of double envelope tenders, technical envelopes shall be opened first, and financial envelopes shall beened upon receipt of a technical report issued by the competent Government authority.
nderers or their representatives may attend the opening of the envelopes. Openening of envelops shall be conducted in the prescribed time. Thempetent tender committee may form a committee(s) from its members for the purpose of opening envelopes. Each committee shall contain at leastee members, including either the president or the Deputy.
rticle 41
nders that are accepted shall be referred to the competent Government authority for assessment by its technicians who shall submit their commendations to the tender committee concerned within a specified time frame. The competent Government authority shall fulfill the necessaryormation to complete the technical assessment of the tender from the tenderers, provided that such gathering of information has no effect on thenditions, specifications or prices of the tenders. The Competent Tender Committee may directly submit its recommendations in cases where technicalsessments are not needed.
rticle 42
e Competent Tender Committee may form a special/AD hoc technical committee to assess accepted tenders, either on its own or jointly with thempetent Government authority. The competent Government authority may seek the assistance of experts or professionals or consultants if it deems thisbe necessary.
ticle 43 ( Amended By Law 22/2008)
mended in accordance with Article 1 of Law No. 22 of 2008):
e Competent Tender Committee shall not be bound to accept recommendations from the entities mentioned in the preceding two Articles. A decision toe contrary of such recommendations shall be required to be passed with a quorum of two-thirds of its members. If such a quorum is not met or if themmittee fails to reach a decision within thirty (30) days of the date that the recommendations were submitted to the committee, the matter shall beerred to the Minister of Economy and Finance whose decision in this respect shall be final without prejudice to the provisions of Article 51 of this Law.
Chapter Four
Tender Disposition, Contract Finalization and Implementation
rticle 44
e Competent Tender Committee shall meet prior to the end of the validity period of the tenders by sufficient time to give its recommendations in respectthe tenders. The committee shall, prior to submitting its recommendations concerning the awarded tenderer, ensure that the financial resourcescessary for the tender are available.
.1. The Competent Tender Committee shall recommend the least total tender prices if meeting terms and conditions and complying with the requiredecifications, following technical and financial standardization between tenders.
.2. If the price of the least tender price is unacceptably law, and rise suspicion on the purchase of goods or carry out works or services on the requiredsis, the committee, on good reasons, may recommend to award tender for the next high price.
rticle 46
goods procurements bids, if tow tenders have the same price, without prejudice to required goods or deadlines of delivery, the Competent Tender ommittee may fractionate the required items. In all cases, without prejudice to specification and connection/relation between items of the bid, the goodsocurements bids shall be divided between more than one bidders based on the lower prices.
ticle 47 ( Amended By Law 22/2008)
s amended by Article 1 of Law No. 22 of 2008)
ould the Competent Tender Committee consider giving preference to a tenderer who submitted a higher bid than that of the lowest bid for reasons other an those mentioned in Article 45.2 of this Law, the matter shall be referred to the Minister of Economy and Finance for a decision, without prejudice to theovision of Article 51 of this Law.
ticle 48 ( Amended By Law 22/2008)
s amended by Article 3 of Law No. 22 of 2008)
e Competent Tender Committee shall not discuss with the tenderers the possibility of amending their proposals after the opening of envelopes except ine of the following cases:
1. The lapsing of the tenders' period of validity due to exceptional circumstances, and for the purpose of extending such a period.2. Negotiating with the lowest price tenderer enclosed with reservations to waiving such reservations, or reducing the price to match the market.
Should the tenderer disagree to either waiver his reservations or reduce the price to market level, the committee may initiate negotiations withthe next tenderer price.
3. In any other circumstances where the committee deems it necessary to contact the tenderers after the opening of the envelopes. Such adecision shall be required to be made by a majority of voting members.
rticle 49
e tender committee concerned shall seek guidance from last local or international prices it dealt with, as well as from market prices. If the committeeues recommendations canceling a tender due to high prices, details shall be written in its minutes procedures taken to find the market prices.
ticle 50 ( Amended By Law 22/2008)
s amended by Article 1 of Law No. 22 of 2008)
ter announcement and before recommending on the bid, based on a decision from the Minister of Economy and Finance based upon a proposal from theompetent Tender Committee, the bid may be canceled if it is totally abandoned, or if the public interest so requires. The committee may issue acommendation to cancel the bid and resubmit it in one of the following cases:
1. If only one tender for some or all the commodities/goods, works or services is submitted. A tender shall be deemed to be the only one tender whenall other submitted tenders for the same bid fail to meet the required conditions. Should work need doesn't allow resubmission the bid, the committeemay recommend, through a detailed memorandum, accepting the only tender with a detailed memorandum.
1. If the technically best tender value largely exceeding market prices
2. If there are reservations on all or most of the tenders.
ticle 51 ( Amended By Law 14/2010) ( Amended By Law 22/2008)
s amended by Article 1 of Law No. 14 of 2010)
bject to the validity period of the tender, recommendations of the Central Tenders Committee (CTC) shall be endorsed by the Minister of Economy andnance or his mandated representative. If the Minister not endorsed nor reject within at most thirty (30) days of submitting to him, the recommendations of e committee shall be considered a decision to award the bid.
the value of the tender exceed fifty million Qatari Riyals (QR 50,000,000), the tender shall be approved by the Prime Minister upon a proposal from thenister of Economy and Finance. Subject the validity period of the tender, under all circumstances, the successful tenderer shall be notified via registeredail within a maximum one week of the date of awarding the bid.
rticle 52
e competent Government authority shall request the successful tenderer to submit the final performance bond within ten (10) days from the dayowing his notification, and to sign the contract within a specified time. Failure to come in time shall be considered withdrawal.
ticle 53 ( Amended By Law 22/2008)
s amended by Article 1 of Law No. 22 of 2008)
ould, for any reason, the tenderer withdrew from tender during the tender validity period without a viable excuse accepted by the competent tender mmittee, or if the tenderer fail to submit, upon being awarded the tender, the performance bond within the required time frame, in compliance with theeceding Article, or if the tenderer fail to sign the contract within the time frame, there shall be, upon a decision from the Minister of Economy and Finance,d following a hearing for the tenderer in front of the competent tender committee one or more of the following actions:
1. Warning;2. Confiscation of the provisional bond;3. Confiscation of the final performance bond;4. Derogation of his Classification; or 5. Temporary or permanent deletion from the Tender Registry.
thin seven (7) days of being notified of the decided-upon action, the tenderer may appeal against the decision to the Minister. The minister decision one appeal is final. Any of the above punishments shall not prejudice the rights of the Competent Government Authority to claim its legitimate from the
nderer.
rticle 54
he successful tenderer withdrew or fail to sign a contract, for reasons accepted by the Competent Tender Committee, the Competent Tender ommittee may, based on the recommendation of the Competent Government Authority, cancel the tender, to award it to the next tenderer in price or to
submit it in accordance with the provisions of the Law.
shall be permissible, upon ratification from the Minister of Economy and Finance, to disburse advance payments to suppliers or contractors should theyovide an endorsed bank guarantee in accordance with the conditions, percentages and situations indicated in the Executive Regulation of the Law.
ticle 56 ( Amended By Law 22/2008)
s amended by Article 1 of Law No. 22 of 2008)
he contractor delayed the implementation of the contract after the due deadlines, the Competent Government Authority may give him an additional timetension to complete the implementation, provided that a fine for the delay period shall be imposed in accordance with the bases and percentages, ande limits set out by the Executive Regulation of the law. The total fine may not exceed 10% of the value of the contract.
e fine shall be increased immediately after the delay without need for any warning or notification. A contractor may, upon a decision by the Minister of onomy and Finance and based on a reasoned recommendation from the Committee of Claims and Damages at the Ministry of Economy and Finance,excused from the fine or part thereof if it was proved that the delay was for reasons beyond his control, and the delay did not result in any damage.
position of the fine shall not prejudice the right of the Competent Government Authority to recourse against the contractor to receive the fullmpensation for damages due to delay.
rticle 57
e contract shall be terminated in the following cases:
If it is proved that the contractor used fraud and manipulation in the implementation of the contract.
If it is proved that the contractor attempted by himself, or through a third party directly or indirectly, to bribe a State employee or accomplice with him toe detrimental of the contracted Governmental Authority.
If the contractor becomes bankrupt or insolvent.
ticle 58 ( Amended By Law 22/2008)
s amended by Article 1 of Law No. 22 of 2008)
e Competent Government Authority may terminate the contract or implement it on the account of the contractor if the latter breaches any of itsnditions. Termination or implementation on the account of the contractor shall be after notification of the Minister of Economy and Finance, and thecision of either termination or implementation on the account of the contractor shall be with a registered letter to the address established in the contract.
rticle 59
all cases of contract termination or in the case of implementation on the account of the contractor, the final performance bond shall be confiscated by theompetent Government Authority CGA. The CGA shall also deduct any amounts due of fines or any damage suffered of any amounts due thereto thentractor thereof, without the need to take any other procedure.
art 3
Local Tenders, Competitive Negotiation and Direct Agreement
committee called “Local Tendering Committee” shall be formed and shall be concerned with processing the procedures of local tenders, receipt, openingd examination of their tenders, and to give recommendations on award of the best tender. The Committee shall be formed with a decision of the Minister Economy and Finance as follows:
Deputy Chairperson of the Central Tenders Committee - Chairperson.
Deputy Chairperson and four members elected by the Chairperson of the Central Tenders Committee.
e meeting of the Committee shall be attended by a representative of the Competent Government Authority and a representative of the Accounting Diwan.
e Committee shall hold its meetings at the headquarters of the Central Tenders Committee, and the meetings shall be valid if only attended by theajority of its members, provided that the Chairperson or Deputy Chairperson is among them.
e Committee shall issue its decision by the majority of the votes of the members present, and in case of tied vote, the vote of the Chairperson shall be asting vote. The Committee shall submit its recommendations to the Minister of Economy and Finance or any person represented by him to approve theme.
e Committee shall have a trustee assisted by a number of employees, whose appointment, terms of reference and remuneration shall be decided by acision of the Minister of Economy and Finance.
ticle 61 ( Amended By Law 14/2010)
mended as per Article 1 of Law No. 14 of 2010)
t appears to the Local Tendering Committee after opening the envelopes, that prices are over five million Qatar Riyals (QR 5,000,000), the Localndering Committee shall submit the tender documents in an envelope signed by the Chairperson to the Central Tenders Committee to take the
oscribed legal procedure.
Chapter Two
Competitive Negotiation and Direct Agreement
ticle 62 ( Amended By Law 22/2008)
mended as per Article 2 of Law No. 22 of 2008)
Subject to the provisions of Articles 6 and 7 hereof, the Competent Government Authority may conclude a contract by way of practice or directreement to purchase the goods, or business /works contracts or services with the value issued by a decision of the Council of Ministers, in accordanceth the presentation of the Minister of Economy and Finance.
y one transaction may not be divided into transactions during one fiscal year, so as the value of each one of them shall be within the limits of the valueued by a decision of the Council of Ministers.
e Minister or the Head of the Competent Government Authority shall determine who will perform the practice or the direct agreement in accordance withe provisions hereof.
The Competent Government Authority shall, if it deems that the public interest requires contracting through practice or direct agreement, beyond theancial limits, determined by the Council of Ministers, to submit the matter to the Central Tenders Committee for approval on the ad hoc that should beowed in accordance with the rules, and controls defined by the Executive Regulation hereof.
As an exception to the provisions of the previous paragraphs, the Competent Government Authority may, after the approval of the Emir, to conclude antract by direct agreement on the performance of the consultative works and prepare studies of special nature.
e sale of goods and lease of property and movables, and others, shall be with the approval of the Minister of Economy and Finance, and through a publicction, or sealed closed envelopes.
rticle 64
ere shall be sale shall of the following items:
Items unfit for use
Items that may be damaged
Obsolete items
Items surplus to requirements
ticle 65 ( Amended By Law 22/2008)
s amended by Articles 1 and 2 of Law No. 22 of 2008)
committee named “The Inspection and Valuation Committee” shall be formed and shall be concerned with the inspection and valuation of the items, anddetermine the rent of properties and movables to be sold or leased before putting them for sale or lease.
e Committee shall be composed, by a decision of the Minister of Economy and Finance, upon the proposal of the Chairperson of the Central Tendersommittee, of a Chairperson, Deputy Chairperson and three members who shall include a member of the Ministry of Economy and Finance. The meetingsthe Committee shall be attended by a representative of the concerned Governmental Entity and a representative of the Court of Auditing. The said
ommittee may use the assistance of any experts and technicians in the area of their specialties.
e Committee shall have a secretary assisted by a number of employees, whose appointment, terms of reference and remuneration shall be decided bydecision of the Minister of Economy and Finance.
rticle 66
e Inspection and Valuation Committee shall be guided in the estimation or valuation of the items or the determination of the rent of properties andovables to be sold or rented by the market price, or previous sale or lease price, and any other influential factors. This estimation shall be considered asic price and shall be kept confidential.
e Committee shall submit the basic price in a sealed and classified envelope to the chairperson of the concerned Tendering Committee before the timeed for performing the bidding process.
rticle 67
ase shall be made by way of bidding in accordance with the rules stipulated herein. The term of the lease may not exceed three years at a time.
ticle 68 ( Amended By Law 14/2010)
eplaced as per Article 1 of Law No. 14 of 2010)
le or lease with a value exceeding the sum of five hundred thousand Qatar Riyals (QR 500,000) shall be made by the CTC, and any sale or lease with asser value shall be made by the Local Tendering Committee in accordance with the provisions hereof.
ds shall be advertised by the same method used in public tenders, and the advertisement shall define the goods to be sold or the properties or movablesbe leased, in addition to determining the date and place of performing the bid process.
rticle 70
ch bidder shall pay a bid bond to be determined by the concerned Tendering Committee, and the bond shall be submitted by a payable bank check or byacceptable bank letter of guarantee issued by a local bank which shall not be attached to any restriction or condition in accordance with Article 36
reof.
ticle 71 ( Amended By Law 14/2010)
s amended by Article 1 of Law No. 14 of 2010)
e successful tenderer shall pay the value of the items in full within seven days, and to pay the rent on periodic installments every six months in advance,arting from the date of the day next to the notification of award with a successful letter. If the said tenderer defaults payment without acceptable excuse,e concerned Tendering Committee may cancel the award and confiscate the bid bond, without prejudice to the right of the concerned Governmentaltity to claim from him any other compensations. In this case the Committee may award the bid to the next tenderer in price or rent, or announce re-
ndering in accordance with the provisions hereof.
ticle 72 ( Amended By Law 22/2008)
s amended by Article 1 of Law No. 22 of 2008)
he result of the bid did not reach the basic price determined by the Inspection and Valuation Committee or did not receive any bids, and the goods put for le do not become damaged by time, the bidding shall be postponed to another session to be announced later, and the basic price may be reduced by noore than 20%.
he bidding result did not reach the decreased price in the following session, and no one submitted any offers, the concerned Tendering Committee shaller the matter to the Minister of Economy and Finance attached with its proposals to take such action it deems appropriate.
rticle 73
e successful tenderer shall receive the sold items within fifteen days of the day following the payment of the price. If such receipt is delayed for anyacceptable reason, he shall pay storage fees of 1% of the value of the items he defaulted receiving for every day of delay, which may not be more thaneen days. Thereafter, the items shall be sold by bidding on his account, and in this case he shall bear the decrease in price, storage expenses, andministrative fees of 10% of the new sale price value, and he shall not be reimbursed for any increase which may be occur to the sale price.
Please do not consider the material presented above Official
