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PART THREE:
PROCEDURE
FOR LOCAL
TENDERS. NEGOTIATIATION
DIRECT PURCHASE AND CHARGING
CHAPTER ONE:
LOCAL TENDER
Article (47)
A
Committee which shall be named "the Committee of
Local Contracts" shall be established in the
Ministry of Public Works. This Committee shall be
formed in the following manner:-
1)
Six members among whom shall be the chairman and the
deputy chairman. They shall be appointed by the
Minister of Public Works.
2)
A member from the Ministry or the government system to
whose favour the tender is invited, shall be appointed
by the Minister or the competent superior.
3)
A member from the Central Tenders Committee who shall
be appointed by the head of that Committee.
4)
A supervising member from the State Audit Bureau shall
attend the meetings of the Committee in conformity
with the provisions of the law of the State Audit
Bureau. He shall not have a counted voice in the
discussions.
The
Committee shall have competence to open the envelopes
and to decide on the tenders pertaining to the
contracts of works, the estimated value of which shall
not exceed the sum of one million Riyals.
The
recommendations of this Committee shall be submitted
to the Minister of Municipal Affairs and Agriculture
for their authorization. A copy of these
recommendations shall be submitted to the Ministry of
Finance.
Article (48)
A
Sub-Committee shall be established by a decision of
the Chairman of the Central Tenders Committee which
shall be called the "Local Tenders
Committee", and shall perform the functions of
opening the envelopes and of deciding on the tenders
pertaining to the supply of articles of a value not
exceeding one million Riyals. This Committee shall be
constituted as follows:-
A)The Deputy
Chairman of the Central Tenders Committee .......................... Chairman.
B)A Deputy Chairman and three members to be appointed by
the Chairman of the Central Tenders Committee.
C)A
representative of the Government body concerned for
whose account the tender has been let.
The
meetings of the Committee shall be attended by a
member of the State Audit Bureau as observer to give
opinion on the Tenders in accordance with the
provisions of the Law of the State Audit Bureau. The
Committee shall pass its resolutions by the majority
of votes of the attending members. In case of equal
votes, the side of the Chairman shall prevail.
The
Committee shall submit its recommendations to the
Minister of Finance for approval.
Article (49)
The
two Committees referred to under the preceding two
articles shall follow, in performing their duties, the
following procedure:-
1)
To invite the tenderers to bid through a registered
letter or through any other secure means of
notification. The letter shall clarify in detail the
conditions of the tender, its specifications, last
date for delivery and any other necessary information.
2)
To receive the tenders in accordance with the
provisions embodied in this Law.
3) To open the envelopes and to record the details of
the tenders in detailed lists after numbering them in the form of an
ordinary
fraction whose numerator shall be the number of the
tender and whose denominator shall be the total number
of tenders.
4)
The Committee may, during its sitting, request the
tenderers to produce samples which the Committee finds
necessary. The Committee may retain such samples
temporarily for comparing them with the articles to be
supplied. The samples shall be returned to their
owners soon after the proceedings of supply terminate.
The Chairman of the Committee shall sign on these
samples.
5)
To give its recommendation on the tender on the day
and at the time fixed by the Chairman of the
Committee.
6)
If it appears, after opening the envelopes, that the
prices are higher than (1,000,000) -million Riyals,
they shall be enveloped and duly signed by the
Chairman of the Committee, and referred to the Central
Tenders Committee to give its recommendation in
respect thereof .
7)
The recommendation of the Committee shall be recorded
on the detailed tender lists with no need to do
independent minutes embodying the discussions and
recommendations of the Committee.
CHAPTER
TWO:
RIVATE
CONTRACT AND DIRECT PURCHASES
Article
(50)
Mumarasa is all the proceedings which are performed,
in compliance with the provisions of this Law, among a
number of suppliers recorded in the commercial
register. Such suppliers shall not be less than three
who shall have the articles demanded locally or who
shall perform the works which are required to be done.
As regards the
direct purchase, it is all the proceedings according to which direct
contracting is accomplished on works
demanded
or articles specified.
Article (51)
1. The Government
body concerned, subject to the approval of the Central Tenders Committee,
may contract by way of
mutual
agreement or by direct order in respect of contracts
of works and supply of articles,
the value of which not exceeding (100,000) One hundred
thousand Riyals, in the following cases:
A)
The works required to be done and the articles
required to be purchased for trial or testing.
B)
Animals, poultry and plants of various kinds which are
required for purposes other than nutrition.
C)
The articles which must be tested and purchased from
the place of their production due to their
characterized nature and where there is no substitute
for same.
D)
Contracts
in respect of which no offers were submitted as
tenders or where offers were submitted at prices which
are not acceptable and the need for same does not
allow re-invitation for another tender.
E)
Mutual agreement confined to technicians or rare
specialists in works required to be performed in
accordance with the general rules defined by the
competent authority.
F)
Contract the value of which is so meagre that would
not justify the expenses of the tender and its
proceedings.
G)
Urgent cases which are characterized by the mark of
urgent need.
In
all cases it is not allowed to split the one deal into
many deals so that the value of each deal shall be
within the limits of the amount referred to in the
first paragraph of this Article.
2.
In excess of the financial limits outlined or the
cases specified in the proceeding paragraph of this
Article, if a Government body considered that the
public interest dictates following the procedure of
purchase by mutual agreement or by direct order, it
shall submit the matter to the Central Tenders
Committee for agreement on the special procedure to be
followed by it.
3.
The Central Tenders Committee in collaboration with
the ministries concerned shall prepare unified
specimen forms and procedures for purchase by mutual
agreement, and another set for purchase by direct
order. The specimen forms shall be inclusive of the
general conditions of contract and the penalties for
their contravention. Such specimen forms shall be
sanctioned by a decision of the Minister of Finance, which shall not be effective except upon
approval by the Council of Ministers.
Article (52)
The
Government body concerned may enter into contract
directly with one Local contractor or more upon their
acceptance in respect of contracts of works which are
similar or analogous to works which has been awarded
to another tenderer under the same specifications,
prices and other conditions on the basis of which they
entered into contract with that tenderer, provided not
more than six months had elapsed from the date of
award of the preceding tender.
The
Central Tenders Committee shall define the procedures
that must be followed by the authority who wishes to
be the sole importer of articles or to be charged with
the duty of performing the works other than through
the way of public tenders.
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