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Table of Content
Issuance Articles (1-5)
Part 1 (1-23)
General Provisions (1-23)
Chapter One (1-11)
Contracting Provisions and Methods (1-11)
Chapter Two (12-18)
The Central Tenders Committee (CTC) (12-18)
Chapter Three (19-23)
Classification of Contractors (19-23)
Part 2 (24-59)
Public Tenders (24-59)
Chapter One (24-35)
Tendering Procedures and Proposal Submissions (24-35)
Chapter Two (36-38)
Tender Bond (Provisional Insurance) (36-38)
Chapter Three (39-43)
Opening of Envelopes and Technical Assessment (39-43)
Chapter Four (44-59)
Tender Disposition, Contract Finalization and Implementation (44-59)
Part 3 (60-62)
Local Tenders, Competitive Negotiation and Direct Agreement (60-62)
Chapter One (60-61)
Local Tender (60-61)
Chapter Two (62-62)
Competitive Negotiation and Direct Agreement (62-62)
Part 4 (63-73)
Bids (63-73)
Article 1 - Introduction
The provisions of the annexed Law regulating tenders and auctions shall come to force and shall apply to all ministries, other prospective
governmental bodies, and all public institutions and authorities, provided that these provisions do not conflict with the laws and decisions
establishing 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.
Article 2 - Introduction
InexecutionoftheprovisionsoftheattachedLaw,thecompetentGovernmentbodyshallmeanthecompetentministry,orgovernmentalservice
orpublicauthorityorinstitution,institutionforwhichthecontractisimplemented.TheTenderingCommitteemeanseithertheCentralTenders
Committee (CTC) or the Local Tendering Committee, as appropriate.
Article 3
Article 4 - Introduction
Law No. 8 of 1976 refered to shall be repealed and any provision that conflict with the provisions of this Law.
Article 5 - Introduction
All entities, each within its respective jurisdiction, shall implement this law , which shall be published in the Official Gazette.
Part 1
General Provisions
Chapter One
Contracting Provisions and Methods
Article 1
Contracts relating to the procurement of goods, commercial contracts, services or technical works shall be concluded through tenders. Exceptions may
apply through either of the following:
1. Enduring practice; or
2. Mutual agreement.
contracts shall be concluded according to the regulations, terms and procedures in the present Law and Executive Regulations thereto.
Article 2
Tenders may either be General, Restricted or Local. General and Local Tenders shall be publicly announced, and are subject to the publicity principles of
procedures, equity and free competition.
Article 3
A 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
tender to the best bidder. Tenders shall either be internal, where it is locally announced, or external, where it is announced locally and outside.
Article 4
Restricted Tenders shall be in the cases that, due to their nature, be confined to designated suppliers contractors, consultants or technicians specified
personally in lists prepared by the competent government body for this purpose and endorsed by the Central Tenders Committee provided that they are,
technically and financially competent and of well-reputation. The Executive Regulations of this law shall be determined under the qualification regulation on
which the aforementioned lists are prepared. The competent tenders Committee shall invite for the participation in the specified tender. The invitation shall
be by the means the Committee sees appropriate. The enclosed information shall include announcing the general bid. Notwithstanding, all other provisions
regulating the general bid shall be applicable to the specified bid whether internal or external.
Article 6
(Amended in accordance with Article 2 of Law No. 22 of 2008)
Contract shall be by practise negotiation in conditions whereby putting out to tender is deemed inapplicable, to select from at least of three suppliers or
contractors or service providers registered in the commercial register who have the required goods, or capability to undertake the job or conducting the
required services.
Article 7
Contracting shall be conducted through direct agreement with a certain supplier, contractor or service provider to procure goods, implement works or
rendering specific services due to the nature and specify of the goods, works or services.
Article 8
It is not permissible, to turn the bid into direct practice (competitive negotiation) or agreement after the announcement of the bid and submitting the bids.
Article 9
Contracting shall be within the actual necessary requirements for the prescribed activities. Periodical supplies and services contracts shall be concluded
for a duration exceeding the fiscal year provided that this does not entail additional financial commitments in one of the following fiscal year(s) than what
was prescribed in the contracting year.
Article 11
The 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
of the contract, the contractor shall be jointly responsible with the assignee. The acceptance to waiver due amounts shall not prejudice the rights of the
Competent Governmental Body.
Chapter Two
The Central Tenders Committee (CTC)
The Committee shall comprise a president, vice president and members whose number shall be not less than five (5) and not more than seven (7) and
among whom shall be representatives of the Ministry of Justice and the Ministry of Economy and Finance. Such representatives shall be mandated by the
relevant Ministers.
The appointment of the Committee president, vice president and members, shall be by an Emiri decree following the proposal of the Minister of Economy
and Finance,
The duration of Committee membership shall be three years, subject to renewal for similar term(s). Representatives of the competent Governmental Body,
as well as a representative from the Audit Bureau, shall attend the Committee meetings.
The Central Tenders Committee (CTC) shall have an Executive Committee that shall be comprised of the necessary administrative units for the execution
of its competence. Identification, competence of the administrative units shall be determined pursuant to a decision by the Council of Ministers, upon the
proposal of the Minister of Economy and Finance. Provisions of the Civil Service Law shall apply to officials of the Executive Committee.
Article 16
The Central Tenders Committee (CTC) shall be responsible for receiving tenders opening envelopes, Scrutiny, and recommending the bid for the best
tender.
Article 17
The Central Tenders Committee (CTC) shall meet at its headquarters. A CTC meeting shall be regarded as quorate if it includes a majority of its members
including either the president or the Deputy. Recommendations of the Committee shall require the support of two-thirds majority of attending members.
Minutes shall be kept for each Committee meeting, to record discussions and recommendations. Minutes shall be signed by the president, attending
members and the trustee.
Any 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.
Chapter Three
Classification of Contractors
Article 19
A committee called the Contractors' Classification Committee shall be established as a sub-committee of the Central Tenders Committee (CTC). This
sub-committee shall be responsible for the classification and re-classification of contractors into different categories and fields of specialty in accordance
with their financial, technical capabilities, expertise, competence and profile of previously implemented projects. This shall be done in accordance with the
provisions and procedures of the Executive Regulation of the present law.
Article 21
The Contractor's Classification Committee shall hold its meetings in the headquarters of the Central Tenders Committee (CTC). A meeting of the
Committee shall be regarded as being quorate if a majority of its members, including either the president or Deputy president, is in attendance.
The Committee shall notify the contractor of their classification within a period of not more than seven (7) days from the date of the decision. Contractors
may 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 a
period of fifteen (15) days of the date of submitting the grievance complaint. The Minister decision shall be considered final.
Article 23
The contractor may request a reconsideration of the classification decision after at least one year has elapsed from the date of issuing the decision. The
request may be submitted annually. The provisions of the previous Article shall apply to the request of reconsideration.
Part 2
Public Tenders
Chapter One
Tendering Procedures and Proposal Submissions
Article 24
The competentGovernmental Authority shall prepare purchase orders, business contracts or services to be required to be delivered within a sufficient time
prior 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 essential
aspects required to submit and implement tenders, including necessary instructions to suppliers and contractors, complete detailed patterns, accurate,
detailed quantity tables explaining items, and due procedures required to implement the contract, penalties for contractual breaches or delay, in addition to
the tender forms and general terms and conditions of the contract. The competent Government Body shall send purchase orders, projects contracts and
services to the Audit Bureau, and the Fatwa and Contacts Department at the Ministry of Justice for consideration prior to referring them to the respective
Tender Committee.
Article 26
Article 27
Tender documentation, including terms and conditions, list of material, works, or services required, and technical specifications and patterns, shall be
ready prior to tender announcements being made, and shall be made available upon request by interested parties after payment to the entity specified in
the advertisement.
Article 29
Tenders, with signature of the respective tenderer on the stamped/sealed tender form and tables attached therewith by the competent Governmental
Authority, shall be submitted at the pre-announced due dates.
Shall be submitted in closed and sealed envelopes with the name of the bid name, reference number and deadline of submission.
The representative to submit the tender shall drop the envelope in the tender box designated for the purpose. The respective official shall sign on each
envelop writing date of submission and time. Bidders outside the country may submit their proposals via registered mail, providing that the tenders reach
the Central Tenders Committee (CTC) before the submission deadline. Executive regulation of this Law shall determine the specification of the boxes in
which tenders are placed as well as proper procedures for opening and closing.
Article 30
The respective tender committee may announce the bid by the 'double envelope' system where the tender is submitted in two separate sealed envelopes:
one is technical and other is financial. The technical envelopes be opened and evaluated before financial envelopes. Financial envelopes shall be opened
only for those tenders that meet the technical requirements of a tender.
Article 31
Tenderers shall abide by the regulations indicated in the bids documents, and shall complete the tender on the tender forms according to terms and
conditions therein. Tenderers shall not alter the tender documents by any way. Tenders not including total fixed prices. Any tender not abiding by these
provisions shall be and void. Tenderers may add certain stipulations or modifications to the tender forms by enclosing separate detailed appendices
(addendum) which shall be referenced in the body of the proposal.
Article 32
Unless otherwise indicated in the tender, tenders shall be priced in the local currency. Tenders using other currencies may be accepted on condition that
these 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. The
total 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 be
considered,.
Tenderers will not be allowed to alter any prices after the submission of tenders. If upon evaluation of the tender and calculating the price items, a
discrepancy is found between the total sum indicated in the tender form and the total real price, the total lower price shall be adopted. Should any
arithmetic error exceed five (5) percent of the total price in the tender form, the tender shall be disqualified unless, for reasons of public interest, the
respective tender committee, considered unanimously to accept the tender. Should the total amount indicated in letters in the tender be different from the
total amount indicated in digits, the amount indicated in letters shall prevail.
Article 34
If the conditions of a tender require the provision of samples of the requested material, the tenderer shall submit such samples to the entity specified in the
conditions of tender within the specified time frame. In such cases, tenders shall not be accepted unless accompanied by the relevant samples. The
respective tender committee may provide tenderers grace period to submit the samples. Samples shall be returned to unsuccessful or disqualified
tenderers.
Article 35
Tender 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)
Article 37
Provisional bonds shall be returned to the unsuccessful tenderers immediately unconditioned, upon the end of the validity period of the tender, or prior to
that if the successful tenderer deposits the final performance bond. No application process shall be required for the return of provisional bonds.
Article 38
The 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 the
contract value, and shall be deposited with an acceptable, irrevocable payable in full bank guarantee from a local bank. The final performance bond shall be
retained in full until the completion of the contract including the warranty period in accordance with the conditions of the bid. The performance bond shall be
returned to its owner unconditioned within seven (7) days of the final implementation of the contract.
Chapter Three
Opening of Envelopes and Technical Assessment
Article 39
The competent tender committee shall open each bid consecutively in the determined time. Tenders shall be listed and entered into tables prepared for this
purpose where they shall be serially numbered. Each opened tender shall be marked with a common fraction where its numerator shall represent the
tenderer's number and its denominator shall represent the total number of submitted tenders. The committee shall finish all procedures relating to the
opening of tenders in a single session. In the case of double envelope tenders, technical envelopes shall be opened first, and financial envelopes shall be
opened upon receipt of a technical report issued by the competent Government authority.
Article 40
Tenderers or their representatives may attend the opening of the envelopes. Openening of envelops shall be conducted in the prescribed time. The
competent tender committee may form a committee(s) from its members for the purpose of opening envelopes. Each committee shall contain at least
three members, including either the president or the Deputy.
Article 41
Tenders that are accepted shall be referred to the competent Government authority for assessment by its technicians who shall submit their
recommendations to the tender committee concerned within a specified time frame. The competent Government authority shall fulfill the necessary
information to complete the technical assessment of the tender from the tenderers, provided that such gathering of information has no effect on the
conditions, specifications or prices of the tenders. The Competent Tender Committee may directly submit its recommendations in cases where technical
assessments are not needed.
Article 42
The Competent Tender Committee may form a special/AD hoc technical committee to assess accepted tenders, either on its own or jointly with the
competent Government authority. The competent Government authority may seek the assistance of experts or professionals or consultants if it deems this
to be necessary.
Chapter Four
Tender Disposition, Contract Finalization and Implementation
Article 44
The Competent Tender Committee shall meet prior to the end of the validity period of the tenders by sufficient time to give its recommendations in respect
of the tenders. The committee shall, prior to submitting its recommendations concerning the awarded tenderer, ensure that the financial resources
necessary for the tender are available.
Article 45
45.1. The Competent Tender Committee shall recommend the least total tender prices if meeting terms and conditions and complying with the required
specifications, following technical and financial standardization between tenders.
45.2. 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 required
basis, the committee, on good reasons, may recommend to award tender for the next high price.
Article 46
In goods procurements bids, if tow tenders have the same price, without prejudice to required goods or deadlines of delivery, the Competent Tender
Committee may fractionate the required items. In all cases, without prejudice to specification and connection/relation between items of the bid, the goods
procurements bids shall be divided between more than one bidders based on the lower prices.
Article 49
The tender committee concerned shall seek guidance from last local or international prices it dealt with, as well as from market prices. If the committee
issues recommendations canceling a tender due to high prices, details shall be written in its minutes procedures taken to find the market prices.
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 when
all other submitted tenders for the same bid fail to meet the required conditions. Should work need doesn't allow resubmission the bid, the committee
may recommend, through a detailed memorandum, accepting the only tender with a detailed memorandum.
If 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 the
Minister of Economy and Finance. Subject the validity period of the tender, under all circumstances, the successful tenderer shall be notified via registered
mail within a maximum one week of the date of awarding the bid.
Article 52
The competent Government authority shall request the successful tenderer to submit the final performance bond within ten (10) days from the day
following his notification, and to sign the contract within a specified time. Failure to come in time shall be considered withdrawal.
Warning;
Confiscation of the provisional bond;
Confiscation of the final performance bond;
Derogation of his Classification; or
Temporary or permanent deletion from the Tender Registry.
Within seven (7) days of being notified of the decided-upon action, the tenderer may appeal against the decision to the Minister. The minister decision on
the appeal is final. Any of the above punishments shall not prejudice the rights of the Competent Government Authority to claim its legitimate from the
tenderer.
Article 54
if the successful tenderer withdrew or fail to sign a contract, for reasons accepted by the Competent Tender Committee, the Competent Tender
Committee may, based on the recommendation of the Competent Government Authority, cancel the tender, to award it to the next tenderer in price or to
resubmit it in accordance with the provisions of the Law.
Article 57
Article 59
In 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 the
Competent Government Authority CGA. The CGA shall also deduct any amounts due of fines or any damage suffered of any amounts due thereto the
contractor thereof, without the need to take any other procedure.
Part 3
Local Tenders, Competitive Negotiation and Direct Agreement
Chapter One
Local Tender
Chapter Two
Competitive Negotiation and Direct Agreement
Part 4
Bids
Article 64
Article 66
The Inspection and Valuation Committee shall be guided in the estimation or valuation of the items or the determination of the rent of properties and
movables 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 a
basic price and shall be kept confidential.
The Committee shall submit the basic price in a sealed and classified envelope to the chairperson of the concerned Tendering Committee before the time
fixed for performing the bidding process.
Article 67
Lease 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.
Article 69
Bids 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 movables
to be leased, in addition to determining the date and place of performing the bid process.
Article 70
Each 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 by
an acceptable bank letter of guarantee issued by a local bank which shall not be attached to any restriction or condition in accordance with Article 36
hereof.
The 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,
starting 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,
the concerned Tendering Committee may cancel the award and confiscate the bid bond, without prejudice to the right of the concerned Governmental
Entity 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 retendering in accordance with the provisions hereof.
Article 73
The 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 any
unacceptable 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 than
fifteen 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, and
administrative 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.