The Bahrain Tender Board has confirmed that its rules and regulations are applied uniformly across all sectors in government tenders to ensure consistency in the standards for supplier and contractor participation. This aligns with the objectives of the Law Regulating Government Tenders, Auctions, Purchases, and Sales along with its executive regulations. In response to an inquiry from MP Dr Hisham Ahmed Al Asheeri, the board stated that bids must meet the conditions outlined in the tender document and provide the required documentation to be considered. Suppliers and contractors are also required to possess the necessary qualifications, professional and technical competence, financial resources, equipment, and administrative and technical capabilities to fulfill the contract. Additionally, they must be eligible to enter into a contract, have no history of bankruptcy or insolvency, and comply with Bahraini laws and regulations.
The contracting authorities employ trained and board-approved teams to manage procurement procedures. When it comes to direct contracting, these teams ensure that goods, constructions, or services meet the specified requirements and that the prices are competitive based on the bids received. One specific inquiry addressed by the board was regarding a contract with a legal consultancy firm. The initial contract was awarded in 2021 through direct contracting, which is allowed by law under certain circumstances. A subsequent amendment in 2024 increased the contract value for a change order to the original agreement. The contract involved providing legal consultancy services to the Electricity and Water Authority (EWA) for a dispute with a litigating company at the Bahrain Dispute Resolution Centre.
The EWA requested direct contracting due to the urgency of the matter and the tight deadline imposed by the Centre, given the litigating company’s claims totaling BD 11.44 million. The legal consultancy firm had extensive experience in local and international disputes, including prior work for the EWA, which justified the direct contracting approach. The board approved the direct contract on October 4, 2021, with a first amendment of BD 225,000 approved on May 13, 2024, to cover additional legal consultation related to the dispute. This amount represented less than 15% of the original contract value, bringing it to BD 1.725 million.
A second amendment of BD 215,000 was requested and approved on May 29, 2024, to cover additional work to finalize the settlement with the litigating company, avoiding costly arbitration. The final contract value now stands at BD 1.94 million. The Tender Board emphasized that all actions taken were in compliance with existing laws and regulations. This demonstrates the transparency and accountability of the tender process in Bahrain, ensuring that all parties involved adhere to the established guidelines and meet the necessary criteria to participate in government tenders.
In conclusion, the Bahrain Tender Board upholds consistent standards for supplier and contractor participation in government tenders, ensuring that all parties meet the necessary qualifications and adhere to the regulations set forth in the Law Regulating Government Tenders. The board employs trained teams to manage procurement procedures and oversee direct contracting processes to ensure that goods, constructions, or services meet the required specifications and are market-competitive based on received bids. The specific contract with a legal consultancy firm, involving a dispute with a litigating company before the Bahrain Dispute Resolution Centre, showcases the board’s adherence to existing laws and regulations in approving amendments to the contract value in response to the evolving circumstances of the case. Overall, the Bahrain Tender Board’s commitment to transparency and accountability in the tender process contributes to a fair and competitive environment for supplier and contractor participation in government tenders.
