Rules of Procedure for the Committee for Reviewing Complaints of Competitors, Contractors, and Requests for Price Adjustments

Show Law Preamble
  • Decision Minister of Finance No. (1225) dated 25/10/1444 AH

  • The Minister of Finance

  • pursuant to the powers granted to him by law.

  • And based on Royal Decree No. (M/128) dated 13/11/1440 AH, approving theGovernment Tenders and Procurement Law.

  • And after reviewing Ministerial Decision No. (3061) dated 24/8/1442 AH, establishing the Committee for Reviewing Complaints of Competitors and Contractors and Requests for Price Amendments, and Ministerial Decision No. (2428) dated 19/5/1441 AH, approving the Rules of Procedure for the Committee for Reviewing Complaints of Competitors and Contractors and Requests for Price Amendments, and Ministerial Decision No. (297) dated 29/2/1444 AH, establishing the General Secretariat of the Committees of the Government Tenders and Procurement Law.

  • And based on what the interest of work requires in alignment with the tasks of the General Secretariat.

  • It is decided as follows:

    • First: Approval of the “Rules of Procedure for the Committee for Reviewing Complaints of Competitors and Contractors and Requests for Price Amendments” (amended); according to the attached text of this decision.

    • Second: This decision cancels all procedures and provisions that conflict with it.

    • Third: This decision shall be communicated to whoever is necessary for its implementation and to act accordingly.

  • And Allah is the Grantor of success.

  • Mohammed bin Abdullah Al-Jadaan

  • Minister of Finance

Article (1): Definitions

Article 2: The Objective of the Rules

  • The purpose of these rules is to enhance performance and effectiveness in carrying out the tasks related to the Committee, as well as to define the responsibilities, duties, authorities, and tasks assigned to the Committee and its members.

Article 3 Scope of Application of the Rules

  • 1- These rules define the working patterns of the Committee by establishing the foundations and regulations governing its activities, in a manner that does not conflict with other relevant systems, regulations, and instructions.

  • 2- These rules and all that is stated therein apply to all parties concerned with its provisions.

Article 4: Formation of the Committee

  • 1- The Committee shall consist of five primary members and two alternate members, and the Minister shall issue a decision to appoint them.

  • 2- If the number of members falls below the required number for the validity of the Committee's meetings, the Trustee, in coordination with the President, shall raise the matter to the Minister to request the appointment of a member or members to complete the quorum.

  • 3- The Minister may reconstitute or dissolve the Committee whenever the public interest requires it, and a ministerial decision shall be issued in this regard.

Article 5: Duration of Committee Membership

  • 1- The term of membership in the Committee shall be three years, renewable.

  • 2- The Minister may, in the event of a vacancy in the membership of one of the Committee members - for any reason, including death, incapacity, or dismissal - appoint a substitute, and the appointment shall be for the remainder of the term of the predecessor in the Committee membership.

Article 6: Competencies and Duties of the Committee

  • The Committee shall undertake in accordance with the provisions of the Law - specifically - the following:

  • 1- To consider the grievances of competitors regarding the award decision or any decision or action taken by the Government Agency prior to the award decision.

  • 2- To consider the grievances of contractors regarding performance evaluation decisions.

  • 3- To consider requests for price adjustments in accordance with the provisions of Article (sixty-eight) of the Law.

Article (7): Powers of the Committee

  • For the Committee to achieve its objectives specifically the following:

  • 1- To review all data, reports, documents, information, records, and papers related to its activities, as well as any other information relevant to the matters it is considering or that it deems important to review in relation to what is presented to it.

  • 2- The Committee may, in coordination with the Secretariat, seek the assistance - whenever necessary - of consultants to study matters that the Committee deems require examination by specialized consultants or relevant entities in accordance with the approved budget.

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Article (8): Duties of the Committee Chairperson

  • The President is responsible for supervising the Committee and the conduct of its work and achieving its tasks and has specifically the following:

  • 1- Supervising the work of the Committee and adhering to the tasks assigned to it.

  • 2- Managing the Committee's meetings and working to enhance its effectiveness.

  • 3- Managing the Committee's work and following up on it.

  • 4- Calling the Committee to convene, specifying the time, date, and place of the meeting after coordinating with the members.

  • 5- Supervising the preparation of the Committee's agenda and approving it while considering the topics that Committee members wish to include.

  • 6- Ensuring the completeness of information regarding the topics presented for making appropriate decisions.

  • 7- Representing the Committee before the Minister or relevant authorities that require his presence.

  • 8- Participating in the preparation of periodic and annual reports in coordination with the Secretariat, which include the outcomes of the Committee's work, achievements, and proposals after their approval by the Committee.

  • 9- The Vice President acts in place of the President in his absence.

Article (9): Duties of the Committee Member and Responsibilities Assigned to Them

  • The Member must when performing his duties in the Committee adhere to the following:

  • 1- Adhere to the provisions of the law, its regulations, and related decisions while performing his duties.

  • 2- Allocate sufficient time to fulfill his responsibilities, including preparation for meetings.

  • 3- Participate in the Committee's discussions and debates and vote on the topics presented to it.

  • 4- Regularly attend meetings and notify the President of any impediment preventing attendance well in advance.

  • 5- Maintain the confidentiality of the Committee's work and refrain from disclosing any matters discussed by the Committee or learned due to his membership therein.

  • 6- Avoid conflicts of interest and declare to the Committee any such situation as it arises; the Member must recuse himself and not participate in or attend meetings or vote on any decision related to it, and the Secretary must document the recusal in the Committee's minutes.

  • 7- The alternate Member shall commence work in the Committee upon being notified by the President.

  • 8- Collaborate to achieve the tasks and responsibilities of the Committee.

  • 9- Ensure the integrity of the decisions and recommendations issued by the Committee and verify that they are based on legal foundations.

  • 10- Adhere to cybersecurity requirements as issued by the relevant authorities.

  • 11- Ensure attendance and active participation in Committee meetings, contributing opinions and expressing viewpoints responsibly and impartially.

  • 12- Members must act with integrity and strive to achieve the Committee's objectives while exercising due diligence in performing their duties and exercising their powers.

  • 13- Do not accept gifts from any person who has dealings with the Committee and declare them to the Committee.

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