Tendering in Assignment of the Administrative Contract: A Comparison of Egyptian Tender Law and Saudi Government Tenders and Procurement Law

Administrative contracts are conducted to meet government agencies' requirements in terms of procurement, which is done by tendering. The government infrastructure demand and day-to-day other needs are contracted with vendors, who render their services by applying the announced tender. Hence, the legal framework related to tendering is very important, which protects the legal rights of tender authority and vendors. This present research aims to explore the tendering law in Saudi Arabia and Egypt, having a close legal framework regarding tendering. Egypt is carrying the tender law of 1998, which is updated in 2018 recently. Moreover, tendering in Saudi Arabia depends on the Government Tenders and Procurement Law (GTPL) of 2019, which is updated from the previous version of GTPL 2006. The research explores the basic structure of the procurement system and tendering in both systems, including the discussions on procurement agency, tendering methods, basic tendering regulations, public-private partnership, transparency issue, and tendering with foreigners' bidders. Also, the recent improvements in both tendering systems are discussed. The research traces many similarities and differences in both tendering systems and suggests taking help from each other's experiences.

Saudi Procurement System and Regulations: Overview of Local and International Administrative Contracts

This research investigated the Saudi procurement system and regulations in the context of local and international administrative contracts. Mainly, Saudi Government Tenders and Procurement Law was investigated in more detail to understand basic rules and regulations of the bidding, selection process, and penalties in case of delay in the administrative contract process. Moreover, a matter of direct purchase was also investigated to understand the circumstances and conditions of a direct purchase. In addition, the international administrative contract was discussed to comprehend the nature and regulations of such contracts. A matter of arbitration was also investigated to know the arbitrator’s role and powers in case of a dispute in contracting and performing international administrative contracts outside the country. The arguments against arbitration were also deliberated to recognize the limitations of arbitration in the presence of local and foreign legislations. Overall, Saudi Government Tenders and Procurement Law is well-versed and organized in displaying all-important jurisdictions and matters regarding administrative contracts and the procurement system.

The competence of the full jurisdiction to settle administrative contracts disputes

As general rule countries that have dual judiciary system, have allocated a specialized judiciary to look into administrative disputes, including administrative contract disputes, and gives full jurisdiction to the judiciary without the mandates of cancellation. The reference of the full jurisdiction of the judiciary in administrative contract disputes is a form of the personal judiciary, where the dispute revolves around an assault or threat to attack a personal legal position of the contestant, and it aims to contest the self-legal acts that affect the acquired rights, and then the reference for disputes related to the contract is the jurisdiction of the judiciary The complete matter commensurate with the nature of these disputes regarding their association with the acquired rights of individuals.

أركان العقد الإداري وشروط صحته دراسة مقارنة

The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract

Fundamental Legal Bases of the Administrative Contract: A Legal Institution in Cuba and Mexico

This article aims to find the foundations of the administrative contract. lts similarities and differences, where it would be an institution of similar functions, in essence, pursuing the same goals. Specifically, it discusses the bases of the administrative management contract in Cuba and Mexico, taking into account both countries have initiated the process of the legal system development in the same way, however, at present, the administrative contract in each country is lead differently. The study shows that the administrative contract in Cuba is considered to be derived from the Spanish colony, while, in the Mexican law, there is a greater deepening and study of the French classic doctrine. However, in both cases, there is a strong influence of tradition brought by the colonization.

ASAS KEBEBASAN BERKONTRAK DALAM PEMBERIAN KESEMPATAN PENYELESAIAN PEKERJAAN PENGADAAN BARANG/JASA PEMERINTAH (PBJP)

Kontrak PBJP termasuk kontrak baku yang terdapat pembatasan asas kebebasan kontrak. Pemberian kesempatan penyelesaian pekerjaan dalam pelaksanaan kontrak PBJP dilihat dari penerapan teori melebur (opplosing theory) maupun konsep Privat-Administrative Contract. Sesuai teori melebur yang merupakan kontrak privat, hubungan antara “kontraktan” sebagai upaya menyelesaikan pekerjaan, bukan sebagai kewenangan pemerintah sebagai “kontraktan”, namun pada hubungan kontraktual didasarkan pada antara “hak dan kewajiban”. Berdasar konsep Privat-Administrative Contract, pemberian kesempatan bukan lagi dipandang pada “hak dan kewajiban” dalam berkontrak, namun wewenang pemerintah sebagai kontraktan dalam mengupayakan pekerjaan yang dilakukan oleh penyedia dapat selesai.

Does Granting the Jordanian Government Exceptional Authorities in its Contracts Achieve the Economic Growth and Public Interest?

Inadequate public funding and budgetary constraints are among the major problems that limit many governments’ abilities to finance infrastructure projects and offer services to the public. Recently many countries are seeking the involvement of their private sector through an agreement known as (administrative contract) to provide the public projects fund. The concept of administrative contracts is based on granting the government exceptional authorities that makes it the more powerful party in the contract and therefore capable of forcing contractors to carry out the public projects efficiently. Nevertheless, the private sector companies are not always willing to engage in a contract with the government, as there is a belief that the administration may misuse its exceptional privileges. The main objective of this paper is to examine methods available to guarantee the implementation of administrative contracts in a manner that achieves the best delivery of public services to the people from one hand, and to help the private sector to establish contracts with the government and provide them some guarantees for their investments from another hand. Accordingly, this article is based on the analytical legal research methodology to make a critical evaluation of the main obstacles facing administrative contracts in Jordan, and provide recommendations that may help avoiding the current prevailing issues.