Kuwait Court of Cassation principle number 465

Summary: - Deciding on bids submitted in tenders and awarding the tender to the most suitable bid. This is for the Central Tenders Committee, which awards the tender to the tenderer offering the lowest total price if its bid complies with the tender requirements. Awarding the tender to a tenderer offering a higher price. Permissible for the Tenders Committee if the lowest tenderers’ bids are unreasonably low and do not inspire confidence in the progress of the work; it must then refer the matter to the Council of Ministers to issue its decision thereon. - In cases of urgency and with the approval of two-thirds of its members, the Tenders Committee may accept the sole bid, which is considered such even if other bids were received with it that fail to comply with the conditions or are incomplete, making them unsuitable for consideration. Rule: The purport of Articles (1), (22), (43), (44) and (48) of the aforementioned Law No. 37 of 1964 concerning Public Tenders is that the legislature entrusted the Central Tenders Committee with deciding on bids submitted in tenders and awarding the tender to the most suitable bid in accordance with the procedures set out in this Law. It also required tenderers to submit bids complete in all respects in accordance with the conditions set out in the tender documents. The Committee awards the tender to the tenderer offering the lowest total price if its bid complies with the tender requirements. The legislature permitted the Committee to award the tender to a tenderer offering a higher price if the lowest tenderers’ prices are unreasonably low and do not inspire confidence in the progress of the work. In this case, the Committee does not refer the matter to the Council of Ministers. However, if the Committee considers that there is justification for preferring the bid of a tenderer offering a higher price over another bid satisfying the conditions, it must refer the matter to the Council of Ministers to issue its decision thereon. The legislature also permitted the Committee, in cases of urgency—and with the approval of two-thirds of its members—to accept the sole bid, which is considered such even if other bids were received with it, where they fail to comply with the conditions or are incomplete, making them unsuitable for consideration.