Public Procurement & Government Contracts
The government of Kuwait is a leading contractor who spends huge sums of money to hire private businesses to deliver goods and services. The region has been opening up to private-public partnerships and even attracted foreign companies who can now bid on government contracts following some considerations.
Selling to the government or operating a facility for the government brings assured revenues and also reputation in the market. But to get hold of a government contract, or become successful in public procurement is not an easy process- there are many formalities, technical nuances and legal issues to consider.
Only then you can have chances of being awarded a public tender or a project.
The Implications of Government Contracts
The New Tenders Law (Law. No 49 of 2016) replaced the Tender Law No. 37 of 1964 which regulated the public tenders in Kuwait. Through the new laws, the system has been modernized to make it more flexible and hassle-free. Even foreign businesses are now able to take part in government contracts in a bid to make Kuwait a leading commercial and financial hub by the year 2040.
But still, there are many considerations to keep in mind while going for a government project. Other laws such as the Direct Investment Law (Law No. 116 of 2013) also come into play and have to be considered. There are also many regulations to follow for both domestic and foreign businesses.
For example, a foreign contractor must source at least 30% of the contractual requirements from local suppliers and the domestic market. On top of that, you have to consider and abide by all 97 Articles detailed in the Public Tenders Law.
Helping Clients Gain Business Success for More than 30 Years
Al Naqeeb and Partners provide complete legal advice, assistance, and representation in the courts while dealing with government contracts. We offer legal consultation and assistance for negotiating with the government, during the bidding process, and till the contract is signed.
Our lawyers are well aware of the administrative rules and regulations of the jurisdictions and can help clients draft a potential tender with full compliance. We also represent our clients regarding disputes with the government and arbitration panels and advice on dispute resolution, tender process, regulatory legislation, local duties, customs, and taxes.
We also offer full range consultation and legal assistance with issues related to public procurement in various industries ranging from civil aviation to military. Our firm has helped numerous clients with Build–operate–transfer (BOT) and build–own–operate–transfer (BOOT) projects and acted instrumental in the development of successful Public-private partnership (PPP) ventures.
Our long years of exposure and rich experience help us guide our clients effectively through procedures of procurement in different jurisdictions, different types of contracts keeping in line with procurement laws and various rules and regulations involved in the processes.
We help our clients meet the regulatory and legislative challenges while dealing with government, semi-government and state-owned entities.
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