PART ONE - DEFINITIONS AND GENERAL PROVISIONS
CHAPTER ONE - DEFINITIONS
Article (1)
In these Regulations, except where the context otherwise requires, the following words and expressions shall have the meanings hereby assigned to them.
CHAPTER TWO - GENERAL PROVISIONS
Article (2)
Contracts of works or supply or sale of Items shall be made as appropriate by one of the methods prescribed by these regulations.
Article (3)
Contracting shall be limited to the actual and necessary annual needs and based on realistic, objective, studies and detailed accurate technical specifications prepared by the Originator or by a consultancy firm appointed by the Council for this purpose.
Article (4)
The Originator shall prepare purchase requisitions and tender documents well in advance of the time in which they are called for and within the limits of the funds appropriated for it.
Purchase requisitions and tender documents shall include detailed technical specifications and adequate information on each item or contract. Specifications shall be of a general nature and shall not explicitly or implicitly refer to particular types or specific trademarks.
Article (5)
Purchases and contracts shall not be split into several transactions for the purpose of procuring them for amounts less than the ceiling prescribed for them if they are procured in a single transaction. A split shall be presumed to have occurred if other purchases and contracts of the same type or supplementary or similar to them are requisitioned by the Originator within a period of less than 3 months of the date of the initial requisition.PART TWO - THE TENDERING COMMITTEE
Article (6)
Article (7)
The Tendering Committee shall have the following powers:
The Sub-Tendering Committee shall have the following powers:
PART THREE - PRE-APPROVAL PROCESS ('ENDORSEMENT')
Article (8)
Prior to commencing the purchase process, all purchase must be approved by the relevant Competent Authority specified in Article (11).
Article (9)
The Originator of any purchase shall file a purchase requisition, indicating the nature of the purchase and explaining the feasibility or economics of the proposed project or investment. The purchase requisition shall be approved by the Secretary General.
Article (10)
The Finance Department shall verify that sufficient budget is allocated for the purchase. If a purchase is unbudgeted or exceeds the budget, approval from the Competent Authority shall be obtained before starting the purchase process. Once the purchase requisition is approved, the Finance Department should reserve the estimated amount for this tender.
Article (11)
Purchase requisitions shall be approved prior to execution by the following authorities:
Project Manager or equivalent for purchase up to QR 10,000
Manager or equivalent for purchase up to QR 30,000
Executive Director/Director for purchase up to QR 50,000
Sub-Tendering Committee for Purchase requisitions of values exceeding QR50,000 but not more than QR 500,000 per purchase.
Tendering Committee for Purchase requisitions of values exceeding QR50 0, 000 per purchase.
Secretary General if the required works or items are Unbudgeted of values up to QR 1,000,000 per purchase, up to a total yearly ceiling of QR 10M.
Management Committee if the required works or items are over budget, if the value of an individual purchase is not exceeding the lesser of 20% of the relevant budget line or QR 500 K with a total yearly ceiling of 10M.
The Board of Directors, if the required works or items are a) Unbudgeted with values exceeding QR 1,000,000 per purchase or b) Over budget, if the value of an individual purchase exceeds 20% of the budget line or QR 500K.
PART FOUR - PURCHASING PROCESSES
Article (12)
Contracts of works and supply of items shall be made in one of the following ways:
The purpose of the complete set of procedures stated in these regulations is to determine the best tender for a specific project. The process shall be governed by the principles of transparency of procedures, equality and competition except where the provisions of these Regulations explicitly stipulate otherwise. The Tender process shall be the process of choice for important strategic purchases and for the selection among a large number of vendors.
It is the process in which invitation to submit quotations is confined to not less than 3 contractors or suppliers of good reputation and sufficient technical and financial resources chosen from the Approved Lists.
The selection from Approved Lists process applies to Items or contracts with estimated values exceeding QR 50,000 and not more than QR 5 million.
In specific cases defined in Article (40) of these regulations, the process can be applied to purchases of a value exceeding QR 5 million.
It is the process by which, in accordance with these Regulations, direct Contracts may be made for the supply of items or the execution of works or provision of services of a value not exceeding QR 50, 000.
This process may also be followed if the value exceeds QR 50, 000 provided that one of the Conditions of Article (49) is met and prior approval of the relevant Competent Authority specified in Article (49) is obtained.
(CHAPTER ONE)
PROCEDURE FOR INVITATION AND RECEIPT OF TENDERS
Article (13)
The Tender Committee shall hold meetings at the Council's premises on invitation by the Chairperson or, in his absence Deputy Chairperson.
The Tender Committee may call one or more representatives of the Council's departments, who have the expertise relevant to the issue presented before the Committee, if the Committee considers that the technical specifications of the subject of the tender require their presence. Such representatives shall have no voting rights.
The Tender Committee may form a sub-committee of not more than (3) from amongst its members and may delegate to such subcommittee any of its powers related to the opening and evaluation of offers in respect of Tenders when the Tender process is followed and of offers when the selection from the Approved Lists process is followed.
The Tender Committee may assign the technical evaluation task to any of the expert staff of the Originator or to any other staff of the Council.
Article (14)
The Tender Committee shall receive and review bids and quotations relating to tenders whose estimated value exceed QR 500,000 and shall open envelopes, evaluate the bids technically and financially and recommend awarding tenders to the best bidder in accordance with the provisions and procedures stipulated in these regulations.
Article (15)
Neither the Committee's chairperson nor any of its members shall have direct or indirect personal interests in the tender under consideration and they shall not be partners, or agents or Board members or employees of a participant in the tender whether he be a natural person or corporate body.
(CHAPTER TWO)
PROCEDURES FOR TENDER INVITATION AND RECEIPT OF BIDS
Article (16)
The Council shall call for a tender by advertisement at least twice in one or more local or international newspapers, as appropriate, and in addition it may be through any other method.
Article (17)
The tender documents shall include all necessary elements determining the nature and the quantity of the required items or contracts, supported by detailed instructions to the bidders. More specifically, the invitation for a tender shall include the following:
Article (18)
Tenders shall be submitted during the specified period in sealed envelopes or parcels bearing the number, subject and closing date of tender and shall be addressed to the Chairperson of the Tendering Committee. Tenders may be sent by registered mail provided they arrive before the specified deadline for tender submission. On their arrival, tenders shall be deposited in the box, safe or room allocated for this purpose.
Article (19)
The Chairperson of the Tendering Committee may, if the circumstances require, order that Tenders should be submitted in two separate sealed envelopes, one for the technical offer and the other for the financial offer.
The technical offer's envelope shall contain the required bid bond in addition to the details and documents deemed by the Council necessary to ensure the technical offer's compliance with the tender conditions and specifications.
The financial offer's envelope shall contain the price lists, payment terms; the cost of maintenance/spare parts/operating requirements and any other aspects which have impact on the estimation of the offer's financial value in accordance with the tender conditions.
If a tender is called for using the method of two envelopes, the technical offer envelopes must be opened first, verified and evaluated following the procedures stipulated in these regulations in this respect. Thereafter, the financial offer envelopes, related to only technically accepted bids, shall be opened.
Article (20)
Tenderers shall not enter amendments of any kind in the tender documents, otherwise their tenders shall be deemed null and void.
Should a tenderer desire to make reservations, amendments or special conditions; he shall state so in a separate letter to be attached with the tender and to be referred to therein.
Article (21)
Unless the tender documents otherwise specify, all tender prices shall be submitted in Qatari Riyals. Tenders priced in other currencies may be accepted if the Committee, for reasons relating to the Council's interest, deems it fit to do so, provided the rate of exchange shall be fixed at the rate prevailing at the date of opening of bids of which the tenderer shall duly be notified.
(CHAPTER THREE)
BONDS
Article (22)
Each bidder may deposit, with each bid, a tender bond if requested by the Council.
The bond shall be paid by a certified cheque or an unconditional letter of guarantee from a bank. The Tendering Committee shall disqualify tenders not accompanied by such bond. The tenderer may not withdraw the bond during its term of validity.
The letter of guarantee must be valid for payment in whole and be renewable upon the request of the Tendering Committee regardless of the tenderer's objection, and shall be valid for a period of not less than thirty (30) days after the expiry of validity period of the bid.
Article (23)
The advertised tender conditions shall specify the value of the performance bond and the time for its submission.
The performance bond shall be paid by a certified cheque or an acceptable letter of guarantee, from a local bank, valid for payment in whole and irrevocable. Its period of validity shall not be less than thirty (30) days after the contractor has met all his contractual obligations towards the Council.
In the case of an extension for the contract, a new performance bond should be paid based on the new value and schedule of the contract.
Article (24)
Tender bonds shall be returned to their owners after seven days from having the performance bond deposited by the successful tenderer.
(CHAPTER FOUR)
PROCEDURES FOR OPENING AND EXAMINING TENDERS
Article (25)
The Chairperson of the Tendering Committee, or, in his absence, the Deputy Chairperson, shall open the tenders one after the other and give each a serial number in the form of a simple fraction with the tender number as numerator and the number of tenders received as denominator. Prices must be recorded in special lists and the committee chairperson and members shall put their signatures on all original tender documents and whatever samples are supplied therewith. The Tendering Committee must complete all tasks and procedures relating to envelope opening, numbering, and revising in one and the same session. However, the Tendering Committee may assign a sub-Committee from amongst its members to open the envelopes following the same procedures stipulated in this section.
Article (26)
The Tendering Committee may directly decide on the tender in cases that do not require a technical study.
In cases requiring technical study, the Tendering Committee must, after the opening of envelopes, refer the tenders, together with the supplied samples (if any) to the Originator for examination, study, evaluation and then preparation of a report to be raised to the Tendering Committee.
The Tendering Committee may seek the help of experts or technical consultants from outside the Council to assist with the assessment of the tenders.
The recommendations of such parties shall not be binding on the committee. Should the Tendering Committee reject such recommendations, justification shall be stated in its report.
Article (27)
Tenderers shall not be contacted for any reason after opening envelopes and prior to deciding on the tender except through the Tendering Committee or with its written authorization.
The Tendering Committee itself shall not negotiate the amendment of tenders with tenderers except in the following cases:
(CHAPTER FIVE)
PROCEDURES FOR THE AWARD OF TENDERS
Article (28)
After examination of the tenders and in sufficient time prior to the date specified for the expiry of their validity, the Tendering Committee shall meet to review the tenders and issue its recommendations, as deemed appropriate.
The Tendering Committee's recommendations shall be passed by simple majority of the Tendering Committee members attending the meeting. In the event of a deadlock, the Chairperson or the Deputy Chairperson, in his absence, shall have a casting vote.
The Tendering Committee's decisions or recommendations shall not have any binding effect, until they are finally approved by the Competent Authority in accordance with the provisions of these regulations.
Article (29)
The Tendering Committee may adopt one of the two following approaches to recommend the award of the tender. The Tendering Committee shall recommend the award of the tender to:
Article (30)
If two or more offers meet all the other evaluation criteria, and have same technical offers, but the offered prices are different, the Tendering Committee shall recommend awarding the tender to the bidder who submits the lowest total price. However, the Tendering Committee may, subject to recording its justification in the minutes of the meeting, award the tender to a bidder submitting a higher price in any of the following cases:
It the offer made by the lowest bidder is not clear enough to allow the determination of the total lifecycle costs with a sufficient degree of accuracy.
Article (31)
The Tendering Committee shall take into consideration the most recent, local, and international prices and exchange rates. Should it recommend cancellation of a tender because of high prices, it shall record the details of the measures taken to ascertain market prices.
Article (32)
Subject to the tender's validity period, the Tendering Committee's recommendations shall be raised for final approval by the authorities stated in Article (51).
Article (33)
The Tendering Committee may recommend the cancellation and re-invitation for a tender or may recommend its cancellation altogether at the request of the Originator in any of the following cases:-
Article (34)
In case of cancellation of a tender before the date specified for opening of envelopes, the tender document value shall be returned to each tenderer at his request subject to returning the complete set of documents. If the cancellation takes place after the opening of envelopes, the documents value shall be returned only to those who submitted their bids and at their request subject to returning the full set of documents. If the tender is cancelled because the submitted bids are not meeting the tender specifications and conditions, the document value shall not be returned.
However, in cases where it is decided to cancel and re-invite for the tender with the same specifications and conditions, the document value shall not be collected from the tenders who purchased the canceled tender documents and are willing to participate in the new tender.
(CHAPTER SIX)
PROCEDURES FOR SIGNATURE OF CONTRACT AND PENALTIES
Article (35)
Subject to the period of validity of the offer, the Finance Manager shall, by any reliable method, notify the successful tenderer of the acceptance of his tender within, at most, seven (7) days from the date of approval of the Tendering Committee recommendations.
The successful tenderer shall be requested to deposit the performance bond and sign the contract. Should he fail to do so on the specified date, he shall be deemed to have withdrawn and the Tendering Committee may recommend disqualification of his bid, confiscation of the tender bond and imposition of any of the penalties stipulated in Article (38) of these regulations.
Article (36)
The financial and contractual conditions of tenders and the contracts ensuing there from shall include the following terms:
1. If the contractor/supplier had resorted to fraudulent practices or provided false information while fulfilling his obligations.
2. If it is proven that the contractor/ supplier, by himself or through third parties, attempted to bribe an employee of the Council/ictQATAR or conspire with him.
Article (37)
Should the successful tenderer withdraw or fail to sign the contract, the Tendering Committee should consider either awarding the tender to the next tenderer offering the best value for money, provided his tender meets all the tender conditions, or re-inviting tenders.
Article (38)
Should the successful tenderer fail to sign the contract on the specified date or withdraw for any other reason not accepted by the Tendering Committee, the SG may, on the recommendations of the Tendering Committee, impose all or any of the following penalties:
Article (39)
The contractor's or supplier's name shall be deleted from the Council/ictQATAR's register of suppliers and contractors, and dealings with him shall be permanently suspended, if it is proven that the contractor/supplier, by himself or through third parties, attempted to bribe an employee of the Council/ictQATAR or conspired with him, or otherwise attempted to fraudulently influence the Tendering Committee's decision.
In addition to the foregoing, the Council/ictQATAR may initiate criminal proceedings or take other appropriate legal action against the contractor or supplier.
PART SIX - SELECTION FROM APPROVED LISTS
Article (40)
The process of selection from the Approved Lists shall be followed in respect of contracts for works or supply of items if the estimated value of the contract is not less than QR 50,000 and not more than QR 5 million.
The Tendering Committee may use this process for contracts of a value exceeding QR 5 million in the following circumstances:
For items and contracts for works which can only be supplied or performed by a limited number of suppliers or contractor.
Items with certain specifications and required specifically because of their interoperability or compatibility with the Council/ictQATAR's existing systems.
Items for which accurate specifications cannot be determined or items to be bought for trial or testing.
New technologies or equipment, which has not been used by the Council/ictQATAR before.
Article (41)
After receiving a purchase requisition duly signed by the Originator and approved by the relevant Competent Authority and showing details of the estimated value and supported by the relevant documentation, the Council shall invite by registered mail, e-mail, telex, fax or any reliable method of notification, contractors or suppliers to submit bids.
The suppliers or contractors shall be chosen from those whose names are recorded in the Approved Lists.
Not less than three suppliers or contractors shall be invited, except that in cases where only two contractors or suppliers are available the invitation may be restricted to them subject to the written approval of the Tendering Committee
The invitation shall give a brief description of the required works or items, the period for submission of bids (which shall not be less than five (5) days except in urgent cases) and the period of delivery of items or execution of works.
Tenders shall be submitted during the specified period in sealed envelopes or using any secure online method approved by the Council/ictQATAR.
Article (42)
The Tendering Committee ensures that the selection from the Council/ictQATAR's Approved Lists is conducted in a non-discriminatory manner. Upon the complaint of a supplier or contractor the Tendering Committee may, before opening of envelope or electronic bid, invite additional vendors for a quotation if they are suitable or if the pre-selection was not performed in due diligence.
Article (43)
If the process of selection from the Approved Lists is used, the following authorities shall review the received offers and recommend the selection of the best offer:
Sub-Tendering Committee if the value of the purchase does not exceed QR 500,000.
Article (44)
The Tendering Committee shall form a sub-committee of three of its members. The sub-committee shall open the offer envelopes or electronic bids that were delivered through secure online channel that was approved by ictQATAR, and give each offer a serial number in the form of a simple fraction with the serial number as numerator and the number of offers as denominator. The Chairperson and members of the sub-committee shall sign all original offer documents.
The sub-committee shall review the offers and after ensuring that they comply with the conditions of the invitation to submit offers, the sub-committee shall negotiate with the bidders to reach the best offer in terms of value taking into consideration unifying the comparison basis for all technical and financial aspects. The sub-committee may enlist the help of any of the Originator's or the Council/ictQATAR's staff.
Article (45)
In cases where the authority to recommend the selection of bids is delegated to the Sub-Tendering Committee the envelopes or electronic bids that was delivered through secure online channel that was approved by ictQATAR shall be opened by the Sub-Tendering Committee. The same procedures for opening the envelopes as stipulated in Article (44) shall be followed. After verifying that the offers comply with the conditions of the invitation, the Sub-Tendering Committee shall negotiate with the bidders to reach the best offer in terms of value taking into consideration unifying the comparison bases for all the technical and financial aspects.
Article (46)
The authorized entities or persons stipulated in Article (43) shall recommend accepting the tender with the best value, if it meets the specifications and the invitation conditions. If no offers are submitted, or if none of the offers submitted comply with the specifications and the invitation conditions, or if the offer prices are higher than the estimated value of the required works or items, the entity or person authorized under Article (43) may recommend re-invitation of offers. Any such re-invitation must follow the procedures specified in Article (38). The authorized entity or person must make their selection for recommendation from the offers received in response to the re-invitation and the original offer, if any.
The decisions or recommendations made following this process shall not have any legally binding effect on third parties, until they are finally approved by the Competent Authority in accordance with the provisions of these regulations.
Article (47)
The Originator may purchase items and make contracts for works through direct order if their values are not exceeding QR 50,000 per purchase and it has been approved by the Originator's direct report and the Finance Manager.
The Purchase Requisition shall be approved by the relevant Competent Authority in accordance with Article (50) of these Regulations.
Article (48)
The provision of the previous section notwithstanding, the Originator may with written approval of the Tendering Committee or Sub Tendering Committee make contracts by direct order if the value of any such contract is between QR50,000 up to QR500,000 for Sub Tendering Committee or exceeding QR 500,000 for the tendering committee in the following circumstances:
If according to the Information available to the Council/ictQATAR there exists only one source for the items or works required, provided that the Originator shall show the efforts made to search for another source.
Article (49)
All contracts shall be reviewed by the legal department prior to the final approval to ensure compliance with the Council/ictQATAR's internal regulations and Qatari laws.
Article (50)
Each contract, before issuing to suppliers/contractors will go through a final approval and signature by the Competent Authority:
Article (51)
Contract variation orders shall be approved by the relevant Competent Authority within the authority limits delegated to it by Article (50).
Article (52)
Selected samples purchases shall be subject to internal audit in accordance with the applicable regulations and international auditing standards.
Article (53)
Any violation of any of the provisions of these regulations may subject the staff responsible for it to disciplinary action in accordance with the Council/ictQATAR's internal staff policies and without prejudice to the Council/ictQATAR's rights to civil and criminal action, as appropriate, against such staff.
