Kuwait Court of Cassation principle number 853

The price relied upon by the Central Tenders Committee in submitted bids. The determining factor therein. The total price of the bid submitted in the official documents, even if there is an error in calculating the components of that price or in the breakdown of its items, unless the error exceeds the sum of the individual prices and breakdowns, in which case the correct total is relied upon. - An arithmetic error whereby the total price is lower than that in the components and which exceeds 5% of the total price. The Committee may exclude it so long as it has not decided, by the unanimous vote of its members present, to accept that bid despite its defect in consideration of the public interest. The judgment's contravention of this and its annulment of the decision issued by the administrative authority on the basis that the submitted bid satisfied the conditions. A violation of the law and an error in its application requiring its cassation.