Instructions No. (1) for the year 1995

Instructions for purchasing supplies through methods other than

tenders, for ministries, government departments and public institutions.

Pursuant to the authorities vested upon me according to article (69) of Supplies Act No. (32) for the year 1993, I do hereby decide to issue the following instructions: -

Article (1):  These instructions are to be called "Instructions for purchasing supplies through methods other than tenders", issued according to Supplies Act No. (32) for the year 1993, effective on the date of publication in the official gazette.

Article (2):   The words and phrases mentioned in these instructions should have the same meanings assigned to them in article (2) of Supplies Act No. (32) for the year 1993, unless the context indicated otherwise.

Article (3):  Supplies should be purchased by the concerned authority, pursuant to the powers granted to it, according to the effective Supplies Act.

Article (4):   The quality, suitability of prices, availability of allocations and applying competition principle, should be observed in the purchasing process whenever possible.

Article (5):  The party concerned in purchasing, should verify the supplies quality and fair prices before purchasing, in the way it deems suitable.

Article (6):    The party concerned in purchasing should obtain written tenders or requesting for proposals from the sellers "who are authorized to handle with the required supplies", for the purchases implemented through purchasing committees, if the supplies value didn't exceed (5000) five thousand dinars, and if the supplies value exceeded that, tenders should be obtained through advertisement in no less than two daily newspapers, and in addition thereto, it is permitted to contact the sellers if necessary, whereas purchasing processes subjected to provisions of requesting for proposals or direct purchasing, should be excluded from advertisement.

Article (7):    The specifications and conditions of the supplies intended to be purchased, should be determined, and in all cases the specifications approved by General Supplies Department should be applied.

Article (8):   Tenders invitations for purchases of no more than (10000) ten thousand dinars, and the request for proposal and direct purchasing of whatsoever value, should be distributed free of charge, while the under-secretary is entitled to determine the price of tenders invitations announced in newspapers.

Article (9): The deadline to submit the supplies bids announced in newspapers, should be specified, and the bidders are requested to submit their bids in sealed envelops with their names and addresses written thereon, and in all cases no bid will be accepted after opening thereof.

 

Article (10): A-The under-secretary, when necessary, is authorized to request bid bond for the supplies that worth more than (5000) five thousand dinars, and the purchasing processes through request for proposal and direct purchasing, provided that such guarantee should not exceed (5%) of the value.

B-The under-secretary is also authorized when necessary, not to request a bid bond for the purchasing processes through request for proposal and direct purchasing, whatever the value of any of them was.

Article(11):            Guarantee of mal-manufacturing is acceptable from the seller, for no less than one year, of the total value of the purchases supplies in addition to (15%) as a personal commitment signed and stamped by him for the purchases so required with a value of no more than (10000) ten thousand dinars, whereas this commitment is considered binding to him.

Article(12):          The provisions of the tenders instructions no. (1) for the year 1994 should be applied on the purchases through methods other than tenders, as follows: -

A-                                    A performance bond should be submitted in a form of bank guarantee or certified check issued by a bank or an authorized financial establishment working in the Kingdom, of no less than (10%) of the value of purchasing decision, if the delivery was not immediately (the word "immediately" means one week from notifying the seller with the purchasing decision).

B-                                     A maintenance bond should be submitted for the supplies required thereto, in a form of a bank guarantee or a certified check issued by a bank or an authorized financial establishment working in the Kingdom, of no less than (5%) of the purchasing decision value.

C-                                    Confiscation of the performance bond or any part thereof, if the seller failed to meet the implementation obligation, as well as maintenance bond, and purchase or conduct maintenance on the seller account, and burdening him with prices differences.

D-                                    All that related to bid bonds, mal-manufacturing bonds, and delay fines.

E-                                     The purchases worth of no less than (1000) one thousand dinars should be excluded from the provisions of this article.

F-                                      Taking into consideration what was mentioned in these instructions, tenders instructions should be applied to the purchases that any of which worth more than (10000) ten thousand dinars.

 

Article(13):          All departments are requested to open a special register for the purchases conducted through methods other than tender invitations, stating therein supplies kind, trademark, purchasing date, unit price, total price, payment method and the seller’s name.

Article(14):          If any case that can not be solved, according to these instructions, or any dispute concerning their application or implementation of any article or item thereof was emerged, the matter should be presented to the minister to issue his decision in this respect, which is considered final.