Appealing Tender Decisions in Kuwait

Appealing tender decisions in Kuwait is a legal remedy permitted under Kuwaiti Law No. 49/2016. Any bidder who believes a procurement decision to be unfair may file an appeal against that decision in its various forms. The process safeguards participants’ rights in public procurements and establishes binding rules for review and redress.

What Does Appealing Tender Decisions in Kuwait Entail ?

An appeal against tender decisions allows aggrieved bidders to challenge administrative acts that affect their procurement rights. Grounds for appeal include:

Evaluation manipulation. If the award result stems from improper scoring or hidden criteria, an appeal—supported by evidence—may overturn the decision.
Breach of tender conditions. A failure by either the procuring entity or the grievance committee to enforce published requirements or maintain transparency entitles a bidder to contest the outcome.
Unequal treatment of bidders. Any discriminatory practice in scoring or eligibility criteria may be challenged as a violation of equal-opportunity principles.

Steps to File an Appeal Against Tender Decisions in Kuwait

Prepare a written appeal petition detailing the decision you contest, the factual and legal grounds, and supporting documents.
Submit your appeal to the procuring authority or the designated grievance committee.
Have your appeal registered in the official procurement record—a critical step for procedural validity.
Receive a written receipt indicating the date of filing.
If your challenge concerns missing documentation or unmet conditions, you may be asked to supply the required evidence.
The authority reviews your submission, examines all relevant records, and hears your oral or written explanations.
The competent committee announces its final ruling—either upholding or rejecting your appeal—within seven days of the filing date.

Timeframe for Appealing Tender Decisions in Kuwait

You must file your appeal within seven days from the date the contested decision is published or communicated to you, whichever precedes. Appeals submitted after this window are automatically dismissed as inadmissible. If an appeal is accepted, the decision must include corrective measures, and the head of the Central Tenders Committee must be notified within seven days.

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Why Retain a Specialized Lawyer for Tender Appeals ?

A lawyer experienced in procurement disputes offers:

Case viability assessment and guidance on procedural prerequisites.
Drafting of technically and legally robust pleadings and evidentiary dossiers.
Submission of the appeal under Kuwait’s Civil and Commercial Procedure Law and applicable procurement regulations.
Representation before administrative bodies, grievance committees, and courts.
Strategic advocacy to protect your bidding rights and secure remedial orders.

Contact Abdulaziz Saud Al-Subaie & Partners for expert support—book your consultation here.

Procedures for Administrative Review Before the Central Tenders Committee

File your appeal before the designated pre-contract review authority or grievance body.
If adverse, the decision may be appealed further before the judicial bodies with jurisdiction over procurement disputes; their rulings are final and not subject to further challenge.
In urgent cases, you may seek provisional relief (injunctive orders) without affecting your core appeal rights.
Grievances must be lodged within seven days of the procurement decision.

Frequently Asked Questions

Can I appeal any tender decision in Kuwait? Yes, any bidder may appeal decisions of the Central Tenders Committee—so long as all statutory conditions and deadlines under Law No. 49/2016 are met.

When can I file an appeal? Common grounds include breach of tender conditions, undue discrimination among bidders, and evidence of evaluation manipulation.

How do I renew my Central Tenders Committee certificate? Visit the official procurements website, log in or register, select certificate renewal, upload requested documents, pay fees, and submit your renewal request.

By following these guidelines and engaging a procurement-specialist lawyer, you can effectively safeguard your rights and secure a fair decision when appealing tender decisions in Kuwait.