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Volume :40 Issue : 153 2014      Add To Cart                                                                    Download

Legal Adaption of Winning Decision Issuance Process of Tenderer Who Offered Higher Price Based on Rules of Public Tenders Act of Kuwait.

Auther : Dr. Foad N. Awad

     It is detrementeal to issue sudden overulling without prior written notice or letter addressed to tenderer who won tender through a decision issued by the Ministries Council, such in compliance with article (44) of Public Tenders Act; with in turn further affects, directly or indirectly, acquired rights that cannot be violated in any way as well as legal rights of tenderer offered tender.  This decision over eule prior decision of choosing the best tenders with the lowest prices on which validate position of tenderer's complaint from dicisions of committee is represented as per provisions article (62) of Public Tenders Act of Kuwait no (37), 1974.
     Legal adaption deals with strong reasons to justify central tenders committee in process of choosing the lowest price granting it the legal sound effectiveness coordinating with tenders' documents.
     In this case, this matter is raised in a letter to Council Minister without any recommendations, just on the circumstance of the new reeferred case.  This matter is left to the Council of Minister to take the suitable decision, in regard to public interest. All these matters shall be discussed in details in this research.
     Doctorate of International Politics Relationships, Paris University, Sorbonne, 1985.
     Consultant  Senior Specialists of Central Tenders Committee and Kuwait Council of Ministries.
     Delegated Professor in Administrative Law, Public Authority of Applied Education and Training.
 

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