Organizational Rule No. (2) for the year 1993

Organization of the relationship between General

Supplies Department and the governmental departments

on one side, and the bidders and contractors on the other side

1)       Following the publication of the announcements related to tenders in the mass media, by General Supplies Department, those interested to participate in the tender should attend to General Supplies Department, according to the designated address to buy a copy of the tender's invitation.

2)      The bidder is to present to the concerned employee in General Supplies Department a valid profession license in a domain of dealing, trading, manufacturing, or supplying the required supplies and services, in addition to a registration certificate from the chamber of commerce and industry in the Kingdom, in the domain of the required supplies or services, whereas the concerned employee is authorized to verify the availability, of such certificates with the bidder who deals with the department's tenders continuously at the beginning of every year, and to re-examine them at any time of the year, as he deems suitable.

3)      The person interested to buy the tender's invitation is allowed to read it prior to purchasing, in the same concerned section, but he is not allowed to take it to another place or photocopy or copy it, and he is free to purchase or not after reading it.

4)       The concerned employee in the department is to sell the tender's invitation to the applicant with the price established against a receipt, and the purchaser is to take the first copy thereof.

5)     The buyer of the tender's invitation has no right to claim refund of the price paid for any reason.

6)       The bidder should read and understand carefully the general and special conditions and requirements of the tender's invitation as well as the specifications of the required supplies, and abide thereby completely.

7)           The bidder should present his prices (including unit and total price) typed or written with ink clearly, on the designated forms attached to the tender's invitation, and he is permitted to attach thereto any information or data he desires to attach, which will become as a part of his offer, moreover the bidder should mention his complete and clear address in his offer together with his P.O Box, telephone, fax and telex numbers if available, as well as the tax national number.

8)  The bidder should be committed to the offer validity period stated in the tender's invitation.

9)      General Supplies Department should be committed to the deadline stated for selling the tender's invitation, as well as the deadline specified for submitting bids.

10)     The bidder should sign all tender’s invitation documents, stamp them with his commercial seal, and fix his prices and other information thereon.

11)    The bidder should attach with his offer any technical catalogues or brochures or required samples necessary to study offers, unless the tender's invitation stated otherwise, provided that the catalogues and brochures should be original copies, whereas the committee is entitled to reject the copy.

12)           The bidder should attach to his offer a bid bond with the complete amount, or the required rate of the total value of his offer, and if his offer was not attached to the required security, or was submitted incomplete, it should be disregarded.

13)           The bidder should mention in his offer the country of origin, the manufacturing company, the trademark, the trade number and any other necessary information explicitly and clearly.

14)           The bidder should commit the manufacturing company to deliver the supplies as it is offered, and he should bear the consequences, if the manufacturing company suspended the production of supplies or delivered goods not matching the required specifications.

15)           The bidder should submit the tender's entry qualification requirements and documents, if the tender's invitation or General Supplies Department required so, provided that the qualification should be supported with the duly approved documents.

16)           The bidder should submit his offer of two copies, in an envelope sealed with his commercial seal to General Supplies Department, and deposit it by himself or his authorized representative, other than state employees or public bodies employees, in the tenders box, before the deadline designated for offers submission, and it is preferable to deposit the offer within a sufficient period of time before the deadline, and the bidder should mention his name and full address on the offer's envelope.

17)           Offers should be opened on public, and every bidder or his representative is allowed to attend the offers opening process and listen to the prices.

18)           Any bidder, whose bid has been accepted by the central tenders committee, is entitled to object to the preliminary awarding, according to the act, and the central committee should consider the objection and issue its decision in its respect, and then the final decision should be issued according to Supplies Act and the instructions issued accordingly.

19)           General Supplies Department should notify the winner tenderer of the final awarding decision in writing by register male, fax or telex, and the notification letter should be considered delivered to the contractor on the date of its deposition in the post office box.

20)           In case of awarding a tender to a foreign company, the decision or the purchasing order should mention the name of the foreign company and its local agent, whereas the local agent should be committed to pay the fees due on the notification, and provide the required financial and non-financial guarantees.

21)           The winner bidder should pay the fees due on the decision within the legal period stated after receiving the notification letter, and submit the performance bond and sign the purchasing order as well as the awarding decision, to complete the contracting within the period determined by the director general or the person who he authorizes.

22)           If the contractor failed to sign the purchasing order (or its substitute) and the awarding decision within the specified period, he should be considered abstained, and the provisions of Supplies Act, as well as the instructions issued accordingly would be applied against him, including the confiscation of the tender's bid bond, unless he submitted justified reasons acceptable to the director general, who should approve them in writing, and in every single case.

23)    General Supplies Department should deliver the contractor’s copy of the awarding decision and the purchasing order to him, after he signs on both.

24)    General Supplies Department should dispatch the awarding decision and the purchasing order to the concerned department, to take the necessary measures to implement the content of the awarding decision and the purchasing order, in order to follow it up with the contractor, till he fulfills the contents of the decision and the purchasing order, according to the specifications and awarding conditions.

25)           In case the contractor delayed in delivering the supplies awarded to him, or in implementing thereof, this case should be followed up by the under-secretary of the beneficiary department, until he implements it fully.

26)           The beneficiary department (through the receiving committee) should reject the delivered supplies that are not matching the specifications or conditions, and the contractor should draw them and replace them with another matching supplies within the period determined by the under-secretary, and to be calculated within the delay period.

27)    If the  contractor failed to deliver or replace the supplies within the period specified by the under-secretary, then the under-secretary should report the matter to the director general of General Supplies Department, and request him to take the necessary measures, according to the provisions of Supplies Act.

28)      The beneficiary department should refer any dispute that may occur with the contractor to central tenders committee, in order to take its decision in this respect.

29)           If the contractor delayed or defaulted to deliver the supplies awarding to him, the under-secretary of the beneficiary department should inform the director general of General Supplies Department, and request him to present the matter to the central tenders committee, to take the necessary measures concerning the performance bond, and purchase on the contractor's account, and burden him with the price differences and any other additional expenses or damages that may affect the beneficiary department or General Supplies Department, due to delivery delay or non-delivery at all.

30)           Central Tenders Committee is allowed to disregard any offer that does not meet the required conditions and specifications, or is not clear in such a way that does not enable the committee to award the tender.

31)           Central Tenders Committee is allowed to disregard the offer of any bidder who failed to implement at least two previous tenders or implemented them in a manner that disagree with the conditions and specifications awarded to him.

32)           Bid bond, performance bond, maintenance bond and mal-manufacturing guarantee should be submitted in the name of General Supplies Department.

33)           This rule does not replace the instructions issued according to the provisions of Supplies Act and does not conceal any text therein.

 

This rule should be acted upon from 1/3/1993.