Regulations for Exempting the Works of Vision Realization Program Initiatives from the Government Tenders and Procurement Law

First:

Previous Amendments
  • With respect to procuring works, purchases, and services whose estimated cost exceeds twenty million riyals, a public invitation shall be published to prequalify competitors in advance for their implementation through the entity’s website and its official social media accounts. The prequalification shall be conducted on a pass-or-fail and exclusion basis, in accordance with the mechanism established by the Vision Realization Office of each government entity in coordination with the relevant Vision Realization Program Office and approved by the senior official of the entity, provided that such mechanism includes the following:

    • A- Specification of the information to be included in the invitation for prequalification, including the nature of the contract, its quantity—if any—the period for its implementation, the time and place for obtaining the prequalification documents, and the method of submitting prequalification applications, including the place and deadline for submission.
      B- Specification of the information to be included in the prequalification documents, including the technical experience in the works that are the subject of the contract, the technical and administrative staff, the value of the projects previously implemented by the competitor, the extent of its commitments during the contract implementation period, the standards and procedures used to verify the competitor’s qualifications, the documents it must submit to prove such qualifications, and the manner of responding to competitors’ requests for clarification regarding the prequalification documents.
      C- The manner of reviewing prequalification applications, the acceptance criteria and bases, the formation of the committee responsible for such matters, and its working procedures.

Secondly

Previous Amendments

Cancelled

Thirdly

Previous Amendments

Repealed

Fourthly

  • Except for the works and procurements referred to in item (First); the works and procurements of government entities shall be tendered through limited competition by inviting no fewer than three competitors to submit their bids, provided that the invitation includes the criteria used to verify the qualifications of the successful bidder and its ability to perform the contract. If the successful bidder fails to meet these criteria, the next-ranked bid shall be considered.

Fifth

Previous Amendments

Cancelled

Sixthly

Previous Amendments
  • A committee or more shall be formed by a decision of the Minister or the Head of the Competent Entity, as needed, with no fewer than three members. It shall be chaired by the Vision Realization Office Official or a person delegated by the Minister or the Head of the Competent Entity, as needed. The Initiative Official shall be among its members, and the relevant Vision Realization Program Office may nominate a representative to serve among the members of this committee. The committee shall undertake the following:

    • A- Opening the envelopes containing the technical bids, studying and analyzing them, and excluding technical bids that do not conform to the technical specifications and the scope of work specified in accordance with the terms and specifications document prepared for the initiative.
      B- Opening the envelopes containing the financial bids for the accepted technical bids, taking into consideration, in ranking them, the total cost of performing the contract and the benefits realized therefrom.
  • If more than one committee is formed, the Vision Realization Office of the Entity shall establish mechanisms for evaluation, award, and contracting, to be approved by the Minister or the Head of the Entity.

Seventh

  • The Committee referred to in item (Sixth) above shall urgently complete the procedures for opening, examining, analyzing, and evaluating the bids, and shall prepare minutes setting out the procedures taken in respect of the tender and its recommendations regarding award and contracting.

Eighth

Previous Amendments
  • The minutes of the Committee referred to in Item (Sixth) above—accompanied by the bid documents and supporting documentation—shall be referred to the Minister or the Head of the Entity for consideration in preparation for deciding on the award.

Ninth

Tenth

  • If the qualification method is used and only one competitor passes this stage, or if the Government Agency is unable to invite three competitors in accordance with the provision of Item (Fourth), or if only one bid is submitted for the competition, the competition may not be cancelled, and the Government Agency shall continue with the award and contracting procedures, provided that the contract price is in line with the prevailing market prices, and that the entity prepares a report setting out the reasons leading to this and furnishes it to (the Ministry of Finance and the General Auditing Bureau).

Next section title

Next section content