Tenderer in any government contracts:
Article (5) of the Tenders Law defines the following conditions for a tenderer in any government contracts:
The tenderer must be a Kuwaiti merchant, individual or company. He must be registered in the Register of Commerce in the Chamber of Commerce and Industry of Kuwait.
The foreign tenderer may apply for tender, if a Kuwaiti merchant is acting as his partner or agent, according to a deed duly executed by a notary. However, it must meet the specific regulations set down by the Central Trading Committee for the participation of the foreign company in the tenders of large works.
The tenderer must be registered in the Classification List of Contractors and Suppliers in conformity with the following Articles: Only through a Kuwaiti entity in which it has an ownership interest or by acting directly but with the assistance and support of a Kuwaiti agent or commercial representative, that a
Foreign entity may act as a government contractor. Two important exceptions are drawn to the application of the Public Tenders Law:
A - Procurement of Ministry of Defense: The Public Tenders Law does not apply to the procurement of military items for the Ministry of Defense and Security Forces. Kuwait law broadly defines “military materials” to include land, sea and air weapons, spare parts, military communications, detection equipment and related systems (“strategic military procurement”). No comprehensive laws or regulations govern strategic military procurement by the Ministry of Defense (MOD). Instead, the MOD has developed internal policies and procedures for such procurements that are not available to the public. Such policies are generally more flexible than those of the Public Tenders Law. This comes in an effort to accommodate MOD’s specialized needs with respect to strategic military procurement.
B - Other Specialized Procurement: Kuwait government agencies may request permission of the Central Tenders Committee to conduct particular tenders outside the Public Tenders Law. Meanwhile, such cases are relatively rare.