Kuwait Court of Cassation principle number 443

The principle of automatic tender award is the general rule established for tenders, under which the administration's authority is bound to award the tender to the bid that complies with its conditions and is lowest in price, to ensure respect for the principle of equality and equal opportunity among all tenderers. The implication of this. The lowest-priced bid may not be excluded except for a lawful reason. - Assessment of administrative decisions by the administrative judiciary. Its limit. Legality or illegality; it does not extend beyond this to assessing the expediency of the decision or other matters falling within the scope of the administration's discretionary assessment of appropriateness. It may examine the facts on which the administrative decision was based in order to ascertain its conformity or nonconformity with the law and the effect thereof on the conclusion reached by the decision.