Royal Decree No. (M/76) of 1448

Type:	Royal Decree
Source:	The Royal Court
Date:	1448-02-27
Document Number:	m/76
Validity:	Valid
Summary:	By AI King Salman bin Abdulaziz Al Saud issued a decree approving the Government Tenders and Procurement Law, based on provisions of the Basic Law of Governance, the Council of Ministers Law, and the Shura Council Law. The decree provides for approval of the new Law, the processing of requests for contract extensions and cases of delay, application of the Law to government works and procurements tendered during the validity of the previous Law, with the possibility of exempting certain provisions by t...
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By the grace of God Almighty
We, Salman bin Abdulaziz Al Saud
King of the Kingdom of Saudi Arabia
Pursuant to Article Seventy of the Basic Law of Governance, issued by Royal Order No. (A/90) dated 27/8/1412 AH.
Pursuant to Article Twenty of the Council of Ministers Law, issued by Royal Order No. (A/13) dated 3/3/1414 AH.
Pursuant to Article Eighteen of the Shura Council Law, issued by Royal Order No. (A/91) dated 27/8/1412 AH.
Having reviewed Shura Council Resolution No. (373/31) dated 1/12/1447 AH.
Having reviewed Council of Ministers Resolution No. (199) dated 21/2/1448 AH.
We hereby decree as follows:
First: Approval of the Government Tenders and Procurement Law, in the form attached hereto.
Second: Requests for the extension of contracts and the resolution of cases of delay in the execution of contracts concluded prior to the entry into force of the Government Tenders and Procurement Law, issued by Royal Decree No. (M/128) dated 13/11/1440 AH, shall be considered in accordance with its provisions.
Third: Subject to the provisions of Clause (Second) of this Royal Decree, and without prejudice to the provisions of Clause (Fifth) of Royal Decree No. (M/128) dated 13/11/1440 AH, the Government Tenders and Procurement Law issued by Royal Decree No. (M/128) dated 13/11/1440 AH shall apply to government works and procurements tendered during the period in which that Law was in force. As an exception thereto, the Minister of Finance may apply certain provisions of the Law referred to in Clause (First) of this Royal Decree to works and procurements tendered during the period in which the Law issued by Royal Decree No. (M/128) dated 13/11/1440 AH was in force, in accordance with a mechanism to be established by him, without prejudice to the procedures taken in respect of such works and procurements prior to the entry into force of the Law referred to in Clause (First) of this Royal Decree.
Fourth: The exceptions granted to government entities from the Government Tenders and Procurement Law -issued by Royal Decree No. (M/128) dated 13/11/1440 AH- pursuant to Article Ninety-Five thereof shall remain in effect, as shall exceptions specified for a particular period or related to a specific project until its completion, as well as the exceptions granted to each of the following: (the Public Investment Fund and the Saudi Central Bank).
Fifth: The regulations referred to in Article Ninety-Six of the Government Tenders and Procurement Law -issued by Royal Decree No. (M/128) dated 13/11/1440 AH- shall remain in force, as shall the Council of Ministers Resolutions issued in respect thereof, No. (245) dated 29/3/1441 AH and No. (537) dated 21/8/1441 AH.
Sixth: Clause (Third) of Royal Decree No. (M/128) dated 13/11/1440 AH, as amended by Royal Decree No. (M/123) dated 9/7/1445 AH, shall remain in force.
Seventh: The Minister of Finance is granted the authority to exempt from the provisions of the Law referred to in Clause (First) of this Royal Decree that cannot be applied when applying the income-sharing rules referred to in Clause (First) of Royal Decree No. (M/33) dated 13/4/1443 AH, for a period of (three) years.
Eighth: Subject to the provisions of Article Forty-Three of the Law referred to in Clause (First) of this Royal Decree, the owner of the strategy or initiative may participate in discussions for the examination of bids in competitions for projects and programs financed through the financial appropriations allocated to strategies, programs, plans, and transformational initiatives affiliated with the Council of Economic and Development Affairs, and shall have the same powers as the members of the Bid Opening and Examination Committee.
Ninth: His Royal Highness the Prime Minister, the ministers, and the heads of the relevant independent entities shall, each within his respective jurisdiction, implement this Royal Decree.
Salman bin Abdulaziz Al Saud