Part 2-36-133 - Executive Bylaws No 2 of 2008 Regulations

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PURCHASE AND TENDER INSTRUCTIONS FOR STATE OF KUWAIT

Transcript of Part 2-36-133 - Executive Bylaws No 2 of 2008 Regulations

CRCULAR 16 OF 1995 CHAPTER 1 In the Name oI Allah, the Most BeneIicent, the Most MerciIul Ministry of Finance Department of Purchasing 8ystems Circular 16 of 1995 on Purchasing 8ystems of 8tate Authorities for Fiscal Year 95/96 CRCULAR 16 OF 1995 CHAPTER 1 Second Deputy Prime Minister Minister oI Finance Date: Jamada I 10, 1416 Corresponding to: October 7, 1995 ReIerence: 20442 : 10 1416 : 7 1995: 20442 Directives GiventheimportantroleofprocurementprocessesperformedbyStateauthorities, as being a substantial part of the public spending, and due to their effective role in supplying State bodies with all goods and services required, the Ministry of Finance issues the present circular for regulating State procurement processes including all the types thereof. Withinthisframeworkandforfulfillingtheintendedobjectiveofprocurement processes, the circular has been amended and redrafted in a way that can provide flexibility and simplicity to implementation. The provisions of this circular shall apply to all State authorities that are subject to its implementation as of the date of its issuance. Accordingly, Circular 12 of 1981 on equipment andmaterialsprocurementguidewithdirectorder-tendershallbeannulledaswellas Circular 2 of 1982 concerning supply form. AllofficialsintheMinistryofFinance,DepartmentofPurchasingSystems,are completelypreparedtoco-operateseriouslyandpositivelywithStateauthoritiesfor explaining the provisions of this circular. Best wishes! Second Deputy Prime Minister and Minister of Finance CRCULAR 16 OF 1995 CHAPTER 1 Contents 8er.8ub]ectPage 1 Chapter 1: FRST: Definition 1 2Chapter 2: SECOND: Procurement Policies 2 3Chapter 3: THRD: Procurement Methods FOURTH: Procurement Document Cycle 5 25 4Chapter 4: FFTH: General Provisions 71 5Chapter 5: SXTH: Circular Appendices A.Appendix 1 B.Appendix 2 C.Appendix 3 SEVENTH: Circular mplementation Scope 75 76 79 85 86 CRCULAR 16 OF 1995 CHAPTER 1 FR8T: Procurement Definition 1.ActivityunderwhichStateauthority'sneedformaterials,servicesandworksismet whetherfromKuwaitorExternallywithlowestpricesandappropriatequalityconsistent withtherequirementsofworktechnicallyandeconomicallyinordertoenableState authority to perform its function. 2.Definition includes the following terms: A.MATERAL: a tangible and materialistic object with certain specifications. Example: personal computer, photocopier, carpet. etc. B.SERVCES: the works done by the supplier for State authority in order to enable itto perform its duties. Example: Cleaning- Maintenance. C.WORKS: constructive works and projects. D.QUALTY: a term depending on the following: Performance: Operating properties of the material. Maintenance: Quickness and simplicity of material repairing. Extra specifications of the material. Productive life of the material. CRCULAR 16 OF 1995 CHAPTER 1 8ECOND: Procurement Policies 1.State authorities shall prepare a plan for procurement prior to the fiscal year. Purchasing Unit shall carry out such plan using storage estimates statements. The Purchasing Unit shall contact the other units and departments to know their actual requirements in order to be included in the procurement plan. 2.Upon commitment and contracting for purchasing office furniture, State authorities shall seekguidancethroughthebasicsandinstructionsissuedbytheMinistryofFinance, Department of Purchasing Systems. 3.Directprocurementprocessesshallbereducedandthefocusshallbeonthe procurementwithtenderinginordertoreduceprocurementcostandobtainlowest prices. 4.ncreasingtheefficiencyofprocurementprocessthroughaccuratespecificationsand obtaining sufficient number of quotations. 5.Purchasingmaterialsandprovidingservicesmaynotbedoneexceptthrough procurementcompetentunits,i.e."PurchasingUnits"atanyStateauthoritysubjectto thiscircular.Accordingtotheauthority'sorganisationalstructure,PurchasingUnits means departments, controls or divisions. 6.StoreunitataStateauthoritymaynotpreparepurchaseordersexceptinthefollowing cases: A.Upon an issue order by the ordering authority for a defined quantity of materials that iswithintherespectiveapprovedestimateandthatitsstockisnotavailableinthe stores,orduetoanemergencyforadefinedquantityofmaterialsthatexceedsthe approved respective storage estimate, or when its respective storage estimate is not available,orwhenthequantityofmaterialsisnotavailableinthestores.Thatshall be done after securing the approval of the undersecretary or any authorised party. B.Whenthequantityofmaterialsreachestheorderlimitandwithintheapproved annual estimate. 7.PurchasingUnitsatStateauthoritiesshallreceivepurchaseordersorlettersfor providing services from the following units: A.Stores: Materials purchase orders. B.Ordering Authority: letters for providing services. 8.EveryStateauthorityshalldefinethelimitsoftheconcernedofficials'financial authorisation for signing purchase orders and contracts issued to suppliers provided that such authorities must notify the Ministry of Finance, Department of Purchasing Systems of such matter at the beginning of the fiscal year. 9.Any State authority may not conclude a supply contract which has been disposed of, or reject materials proposed by another State authority unless after 90 days from the date CRCULAR 16 OF 1995 CHAPTER 2 3 ofdisposalortheperiodofproposalontheconditionthatsuchauthorityprovidesthe MinistryofFinance,DepartmentofPurchasingSystems,withtheformofmaterials disposal. 10. Purchasing an item within one kind may not be repeated during one month. 11. Any State authority may not divide one deal in order to reduce its cost below the set limit provided for in the Law of Tenders in an effort to purchase under tendering. Purchasing shall be performed under a schedule prepared for the authority's purchase plan. CRCULAR 16 OF 1995 CHAPTER 2 12. CONTRACT TYPES: State authority shall have the right to select the type of contract suitable to the nature of its work and abilities in order to achieve the following: A.Reducing storage cost. B.Reducing the administrative work of procurement processes. C.ssuing from the appropriated stock in accordance with the actual requirement. Contract Types: 1.FRST CONTRACT: Contract of Quantity and Price Fixing Thiscontractshallincludethedeterminationofquantityandpriceofmaterials intended for purchase on the condition that the supply should be delivered all at once to the utilisation site or the State authority's stores. 2.SECOND CONTRACT: Quantity Contract Thecontractshallincludeafixedpriceofthematerialaswellastheminimumand maximumquantityduringthefiscalyearwithoutfixingthedateofthematerials delivery.Purchaseordersshallbeissuedtothesupplierupontheactualneedfor these materials provided that the State authority shall not be bound by the minimum quantity. 3.THRD CONTRACT: Blanket Contract This contract shall include a fixed price of the material or service without determining the quantity during the fiscal year. Supply or service performance shall be upon the State authority's request. 4.FOURTH CONTRACT: Dividing Delivery Processes Quantityandpricearefixed.Supplyshallbepursuanttoascheduleprepared previously. Place of delivery shall be fixed as well. Regardingthesecondandthirdcontracts,deliveryshallbeatthesitewherethe materials are received. This shall be done after the stipulation on a grace period to be given tothesupplierasagreedbyhim.Suchgraceperiodistheperiodbetweenissuingthe purchase order and the delivery date. Contact number must be indicated within the remarks field included in the purchase order form. CRCULAR 16 OF 1995 CHAPTER 2 THRD: Procurement Methods 3.1 PURCHASE WTH DRECT ORDER A. Definition ToissueanordertothesupplierforprovidingtheStateauthoritywithmaterialsor services for an amount not exceeding K.D. 2000 "two thousand Kuwait Dinars". B. Purchase with Direct Order Procedures {domestic} 1.Purchasing Unit receives: a.Purchaseordersfromthestoresforpurchasingmaterialsindicatingtherein their requirements of materials together with the specifications and quantities. b.Lettersfromtheorderingdepartmentsregardingservicesindicatingtherein their requirements of services together with the specifications. 2.Enquiring prices and taking into account the non-prejudice to Para.15 of the general provisions of the present contract. 3.Checkingpurchaseordersandfixingtheestimativepriceguidedbytheprices previously contracted for. 4.Co-ordinatingwiththeFinancialAffairsregardingthefinancialcommitmenton purchase order form. 5.ContactingtheCentralTenderCommitteeregardingdomesticpurchaseprocesses (direct) that exceed K.D. 5000 "Five Kuwaiti Dinars". 6.Purchasing Units select the appropriate materials with the lowest prices and that are consistent with specifications. 7.Contacting the winner supplier and issuing the purchase order. C. Purchase with Direct Order Procedures {external) 1.Purchasing Unit receives: a.Purchaseordersfromthestoresforpurchasingmaterialsindicatingtherein their requirements of materials together with the specifications and quantities as well as the external sources of procurement. b.Lettersfromtheorderingdepartmentsonservicesindicatingthereintheir requirementsofservicestogetherwiththespecifications,quantitiesandthe external sources of procurement. 2.Checkingpurchaseordersandfixingtheestimativepriceguidedbytheprices previously contracted for. 3.Co-ordinatingwiththeFinancialAffairsregardingthefinancialcommitmenton purchase order form. 4.ContactingtheCentralTenderCommitteeconcerningtheexternalprocurement processes (direct procurement) that exceed K.D. 5000 (five thousand Dinars). 5.Soliciting quotations from foreign companies by observing the following steps: CRCULAR 16 OF 1995 CHAPTER 3 6 A.Contacting the General Administration of Customs (srael Boycott Bureau) for obtaining Anti-Boycott Certificate. B.Preparingrequestsforquotationsspecifyingthereinshippingandpayment methods. C.Sending requests for quotations to the external procurement source together with the conditions and specifications of the materials. D.Receiving quotations from the suppliers. 6.Converting prices from foreign currency to the domestic one. 7.Sendingthequotationstotheorderingauthorityforstudy,andselectingthemost appropriate quotations that are consistent with specifications and lowest prices. 8.Receiving the ordering authority's agreement on the required quotation. 9.Co-ordinating with the Financial Affairs concerning the final commitment. 10. Preparing purchase orders, and sending them to the external supplier. 11. SendingalettertotheCentralBanktoopenadocumentarycreditinco-ordination with the authority's Financial Affairs, when needed. 12. Receiving invoices and documents from the Central Bank after being certified by the Chamber of Arab Commerce and the Kuwaiti embassy at the country of origin. 13. Deliveringdocumentsforcustomsclearanceinordertofollow-uptheclearance process till the delivery of goods to the stores. 14. Checking,inco-ordinationwiththeorderingauthority,whetherthematerialsare consistent with specifications or not. 15. Co-ordinating with the Central Bank regarding the source funding. CRCULAR 16 OF 1995 CHAPTER 3 D. General Rules of Purchase with Direct Order 1.The Following Are Excluded from the Amount Set Forth in the Definition: A.Materials and services produced and supplied only by certain body. B.Materials and services controlled by mandatory tariff or international bourses. 2.TheStateauthoritymaynotcontract,withdirectorder,ortenderforanyofthe purposesstipulatedinthiscircularregardinganyexcessabovethethresholdset forthintheTenderLawunlessaftersecuringthepermissionoftheCentralTender Committee together with taking into account the instructions issued by the Ministry of Finance, Department of Purchasing Systems, in this regard. 3.Purchase orders sent to the external supplier must state that the supplier shall incur the cost of returning the received materials that are not consistent with specifications and conditions. 4.Enquiringthreeactualquotationsasaminimumforthedirectprocurementprocess shall be committed to. CRCULAR 16 OF 1995 CHAPTER 3 3.2 PURCHASE WTH TENDER A. Definition: To study bids submitted by more than one supplier for purchasing goods or services non-monopolisedanduncontrolledbyamandatorytariff,andthatexceedK.D.2000(two thousand Kuwaiti Dinars) and not more than K.D. 5000 (five thousand Kuwaiti Dinars) unless otherwisethereisapermissioninwritingbytheCentralTenderCommitteeallowingsuch excess (tender with permission). Such tender shall be whether public or in sealed envelopes. TheselectionprocessshallbedonethroughthePurchasingCommitteeinconformitywith the rules and regulations provided for in this circular. B. Purchasing Committee See appendix 1 enclosed with the present circular. C.Procedures of Purchase with Tender {domestic} 1.Purchasing Unit receives: a.Purchaseordersfromthestoresforpurchasingmaterialsindicatingtherein their requirements of materials together with the specifications and quantities. b.Lettersfromtheorderingdepartmentsregardingservicesindicatingtherein their requirements of services together with the specifications. 2.Checking purchase orders and fixing the estimative price. 3.Co-ordinatingwiththeFinancialAffairsregardingtheinitiativecommitmentonthe purchase order. 4.Purchasing Unit shall prepare the documents of tender in a way that would give access to more than one supplier in co-ordination with the relevant departments. t shall, before tenderadvertisement,setthenecessaryinstructionsandtherequiredproceduresto biddersinconnectionwiththeimplementationofthetenderaswellasthepenaltiesof bidders in the event they breach the conditions. 5.ContactingtheCentralTenderCommitteeforrequestingpurchasewithtenderfor amounts exceeding K.D. 5000. 6.Contacting the Legal Advice & Legislation Department on amounts from K.D. 75000 and above. 7.nvitation for Tenders and Submission of Bids: A.nvitationfortendersshallbethroughanadvertisementpublishedinanofficial gazette, any local newspaper or more, or in the advertisement board at the State authority provided that such invitation for tenders shall be made at an appropriate timeallowingtheimplementationofthenecessaryrequirementsat the specified date.Advertisementshallincludetherequiredmaterials,theauthoritytowhich bidswillbesubmitted,periodofbidsvalidity,thelastdateforbidssubmission, documentationfees,placefromwheredocumentscanbeobtained,and CRCULAR 16 OF 1995 CHAPTER 3 guarantees together with a clarification on whether such tender shall be public or insealedbidsandifitisselectiveorpublicaswellasanyotherimportant information. B.Grace period for submitting bids shall not be less than fifteen days as of the date ofthefirstadvertisement.Theperiodmaybereducedforreasonsrelatingto public interest not less than seven working days. Any bid or amendment thereof submitted after the last date of bid submission shall not be taken into account. C.Tender documentation shall be delivered upon request in return for fees. D.Methodofreceivingbidsonthesetdatesshallbespecifiedbythebidders. Bidders shall submit their bids sealed in red wax on which shall be written clearly the tender's subject and number. E.Statementofthereceiptofbidsandspecimenssignedbybiddersshallbe handled by a competent employee at the Purchasing Unit. Bids shall be inserted by bidders into the tender's box. F.SecretaryofthePurchasingCommitteeshallreceivetheenvelopesofbidsand specimens enclosed with the statement of the receipt of bids and specimens after being by the competent employee at the Purchasing Committee. 8.Study and Examination of Bids: A work team formed by the Purchasing Committee shall perform the following: A.Workteamshallmeetatthesetsiteandonthesetdateinordertoopenthe envelopes of bids. B.Theworkteamshallopentheenvelopesandstartreadingthenameofevery bidder. t shall also check whether the bid meets the requirements of the tender's documentsandconditionsornot.Bidsinconsistentwiththetender'sconditions shall be excluded. C.Theteamshallexcludebidsthatarenotassociatedwiththecompletebid guarantee.Article14oftheGeneralRulesofPurchasewithTendershallbe taken into account. f the supplier removes or amends a condition, or any of the specifications within the bid, such bid shall be excluded. D.Additionalinformationincludedinthebids'envelopesshallberecordedinthe names of those who submitted it. E.Specimens shall be kept by the work team. F.ncaseofthebidsrequiringspecialtechnicalstudyorassociatedwith specimens, all accepted bids and specimens shall be referred to the ordering unit at the State authority or any technical unit in order for officials to study them and providethenecessaryrecommendationstothePurchasingCommitteeatthe CRCULAR 16 OF 1995 CHAPTER 3 Stateauthorityfortakingdecisioninitsregardaftersecuringtheconsentofthe Purchasing Committee chairman. G.Workteamshalldeliverguaranteeletters(bidguarantee)tothePurchasing Committee at the State authority for archiving and following-up after verifying that they are consistent with the conditions. H. Workteamshallcheckbidsintermsofaccountingtogetherwithtakinginto consideration the following: 1.f,uponchecking,thetotalofpreferentialpricesisnotconsistentwith the total value, the lesser shall be accounted. 2.ftheamountwrittenindigitsisdifferentfromtheamountwrittenin words, the lesser shall be accounted. 3.fthereisanyaccountingerror(whetherincreasinglyordecreasingly), the less price shall be accounted. 4.n all previous cases, when the accounting error exceeds 5%, bid shall be excluded. .AftersecuringtheconsentofthePurchasingCommittee'schairman,workteam maycompleteorenquiresomepointsthatarenotclearinconnectionwiththe acceptedbidsprovidedthattheydonotaffecttotalpricesortender's specifications. J.The work team shall complete opening the bids thoroughly at the same meeting. K.ThePurchasingCommittee'schairmanshallsignallbidsinordertocertifytheir checking. L.The work team shall sort out the bids based on the prepared form "Bids sort-out statement"consistingofanoriginal,onecopyandsignatureindicatingchecking and revision. M.Secretaryofthecommitteeshalldeliverbidssort-outstatementstothe Purchasing Committee for studying bids. CRCULAR 16 OF 1995 CHAPTER 3 9.Tender Awarding: A.The Purchasing Committee shall award tenders as follows: 1.Regardingtenderswithsealedenvelopes,awardingshallapplytothe accepted lowest-price bid that is consistent with specifications. 2.Regardingpublictender,Awardingshallbemadethroughsummoning suppliersofthethreeacceptedlowest-pricebidsinordertoperforma public tender among them starting from the lowest prices submitted. B.Without prejudice to work interest, the committee may divide the required estimates amongtheequallowest-pricebiddersonconditionoftheirconsent;otherwise,lot shall be cast. C.Co-ordinationwiththeFinancialAffairsforfinalcommitmentontheAwarding statement. D.Contacting the Central Tender Committee for its agreement on the awarding in case the amount exceeds K.D. 5000. 9.Procedures of Contracting: A.ContactingtheCentralTenderCommitteeforitsagreementontheawardingin case the amount exceeds K.D. 5000. B. Awarding shall be presented to the Accounting Bureau in conformity with Article13 and 14 of Law 30 and 64 on Establishing the Accounting Bureau as amendedby Decree law 4 and 77 as well as the relevant issued circulars. C.PurchasingUnitshallnotifythewinnerbidderwhosebidhasbeenaccepted undertenderdecisionwithinatmostoneweekasoftenderapproval.The biddershallbeaskedtosubmitthefinalguaranteewithinoneweekasofthe notificationofhisbidacceptanceandbeforesigningthecontract.Purchasing Committee may extend the period for those suppliers residing abroad. D.Stateauthorityshalldraftthecontractwiththesupplieruponhisattendance afternotifyinghimofthetender'sresultaswellasafterdepositinghisfinal guarantee. Contract must include all elements of agreement with reference to the number of the tender on which the contract conclusion is based. E. Notifying the stores upon the completion of contracting. F.Without prejudice to the provisions of Article 27 of the General Rules, State authority shall completely keep the final guarantee until execution of the contract provided that allcontractconditionsandspecificationsaremet.Whenallcontractconditionsand specifications are met, then such final guarantee shall be returned to its bidder. G.fthefinalguarantee'svaluehasdecreasedasaresultofanyamountsdeducted, bidderuponreceivingrequestfromtheStateauthority-shallcompletethefinal guarantee to the value set in the tender's documents within one week as of the date ofrequest.fthebidderhasnot completed the final guarantee, State authority shall CRCULAR 16 OF 1995 CHAPTER 3 have the right to deduct the required completion from the bidder's due amounts at the State authority under the present contract or any contract on which the authority has power. H.Uponfinalreceiptdocumentsandafterverifyingthatthesupplierhasmetallhis obligationsundercontractorpurchaseorder,PurchasingUnitshallnotifythe FinancialAffairstoissuetheremainderofhisdueamountsandreleasethe guarantee letter when there is no obligation on the supplier. .WorkteamshallreferthespecimenstothePurchasingUnitinordertodeliverthe specimens,uponwhichtheawardinghasbeenmade,tothestoresanddeliverthe rejected specimens to its owners. CRCULAR 16 OF 1995 CHAPTER 3 D. Procedures of Purchase with Tender {External} 1. Purchasing Unit Receives: A.Purchaseordersfromthestoresonpurchasingmaterialsindicatingthe needs of materials, their specifications and their quantities. B.Lettersfromtheorderingdepartmentsregardingservicesindicatingtheir need of services as well as the specifications. 2.Verifying that materials are not available at the local market and that there is no agent for such materials in the local market. 3.Co-ordinatingwiththeFinancialAffairsastothefinancialcommitmentontheformof purchase order. 4.ContactingtheCentralTenderCommitteeforobtainingpermissiontopurchaseforthe amounts exceeding K.D. 5000. 5.Soliciting offers from foreign companies is as follows: A. Preparing prices request indicating therein the method of shipping andpayment. B.Sendingpricesrequeststotheexternalpurchasesourcetogetherwiththe conditions and specifications of the required materials. 6.ContactingtheGeneralAdministrationofCustoms(sraelBoycottBureau) for obtaining Anti-boycott certificate. 7.Converting foreign currency rate to the local currency rate. 8.Referringcompanies'offerstotheorderingunitfortechnicalstudyandforforminga technicalcommitteeattheunitinordertostudytheoffersandprovidethe recommendations. 9.Holding a meeting by the purchasing Committee at the authority for taking a decision on tender where awarding shall be made according to the lowest-price bid and consistency with specifications. 10. Co-ordinating with the Financial Affairs regarding the (final) financial commitment. 11. ContactingtheCentralTenderCommitteeagreementonawardingincasetheamount exceeds K.D. 5000. 12. ContactingtheGeneralAdministrationforLegalAdvice&Legislationregardingthe amounts of K.D. 75 thousand Kuwaiti Dinars and above. 13. Pursuant to Article 13 and 14 of Law 30 and 60 on establishing an accounting bureau as amended by Decree 4 and 77 and the issued circulars, the subject shall be presented to the Accounting Bureau. 14. Preparing purchase order and the required contracts. 15. Notifying the winner foreign company of the awarding. 16. SendingalettertotheCentralBankforopeningadocumentarycreditinco-ordination with the Financial Affairs at the authority when it is necessary. 17. Taking the necessary procedures for signing the contract in co-operation with the Legal Affairs at the authority. 18. Delivering documents to customs clearance in order to follow-up the clearance process until the arrival of goods to the stores. CRCULAR 16 OF 1995 CHAPTER 3 19. Notifying the ordering authority of the arrival of goods and verifying their consistency with the required specifications. 20. Co-ordinating with the Central Bank regarding supplier funding. E. General Rules of Purchase with Tender CRCULAR 16 OF 1995 CHAPTER 3 1.The State authority may request from the supplier to enclose with his bid the name(s) of those in charge of contracting as well as signature specimens. 2.Bids shall not be accepted unless they include the total prices. 3.Scratchinganderasingonquantityandpricetablesmustbeavoided.ncaseof correction, stroking out with one line and the signature of the bidder shall be next to it. 4.Suppliermaynotstrokeoutanyoftheconditionsortechnicalspecifications. Amendments thereto may not be done by the supplier. 5.Suppliermaynotsubmitmorethanonebidunlessheisanagentformanyfirmsand companies.fthesupplierisanagentformanyfirmsandcompanies,hemaysubmit bidsaccordingtothenumberofhisprincipalsprovidedthathesubmitshisbidsonthe official documents of the tender. 6.Suppliermayprovidemorethanoneofferiftheconditionsoftenderallowstosubmit alternateoffersinadditiontothemainofferprovidedthatthealternateoffershouldbe submitted on the main documents of the tender and that there should be written clearly that it represents an alternate offer. 7.Bidsubmittedforsupplyingmaterialsshallbeconsistentwiththespecimensoriginally certifiedforsupplyingorthecertifiedspecificationsanddrawingswhichmustbe reviewedbythesupplier.Bidsubmissionbythesuppliershallbedeemedanimplicit acknowledgement thereof and that supplying shall be performed thereunder. 8.Bidshallnotbeacceptedunlessassociatedwiththerequiredspecimensinthecases requiring as such, provided that such specimens are separate from their bids envelopes andsealedandsignedbythesupplier.Thisshallbenoteddowninthebidsand specimens receipt statement prepared by the Purchasing Unit. 9.Bidshallbedeemedvalidasofthedateofsubmissiontilltakingdecisionregarding tenderandcontractingwiththeawardedbidder.Periodofvaliditymaynotexceed60 daysfromthedateofopeningenvelopesunlesstheconditionsoftenderprovide otherwise, or the bidder agrees in writing the period of his bid validity. 10. Bids submitted on the basis of reduction of a percentage from the lowest bid shall not be accepted. 11. f the tender includes a supply for different materials and that the bidder neglected to set a price for one of the required items, it shall be deemed a refraining by him to enter into tenderinconnectionwithsuchitem.ncaseofnon-dividabletenders,thecommittee shallhavetherighttoexcludethebidorconsiderthatthetotalpriceincludestheitem price neglected by the bidder. 12. ncaseofsupplyingmachinesandequipment,itisconditionedthatthesupplier guaranteesthevaliditythereofforcertainperiodoftimesetclearlywithintender documents. 13. Bids,includingpriceandquantitytables,signedandsealedbybiddersonthetender documents issued by the State authority shall be returned. All tender documents shall be respectivedocumentstothosesupplierswhoobtainedthemandthattheymaynotbe referred to third parties. CRCULAR 16 OF 1995 CHAPTER 3 14. Bidguaranteenotlessthan2%ofthebidpriceshallbeassociatedwiththebid.Such guaranteeshallbeunderacertifiedchequeoraletterofguaranteefromalocalbank providedthatitisissuedinthenameoftheStateauthoritysupplierandthatitisnot associatedwithanyrestrictionorconditionandthatitisvalidduringtheperiodofbid effectiveness. 15.Fees of documents shall be refunded to suppliers if tender is cancelled before the date ofopeningenvelopes.Onlybidderswhosubmittedtheirbidsshallberefundedifthe tender is cancelled after opening envelopes. Fees of documents shall not be refunded if the tender is cancelled due to inconsistency of bids with conditions and specifications. 16. Bidguaranteeshallberetunedtosuppliersofrejectedbidswithouttheneedtosubmit requests in this regard. t shall be done by the end of bid validity or earlier depending on the receipt of performance bond from the winner bidder. 17. f a bidder withdraws his bid by a letter before the specified date of envelopes opening, heshallforfeithisrighttobidguaranteeforthebenefittheStateauthorityandshall be deemed a part of its revenues without having to warn or enter into legal dispute. 18. fonlyasolebid,evenifitmeetsallconditionsandspecifications,forsomeorall materials has been received, committee shall cancel the tender and that there shall be a re-invitation for bids. Such bid shall be sole even if it has been received with other bids inconsistentwithspecificationsandconditionsorifthereweresomereservations regardingthoseotherbidsmakingtheminvalidforcomparison.Committeemayaccept such sole bid if the public interest requires so, and that there is an urgent need for it, and thatthereisnousefromre-invitationforbids;ontheconditionthatthecommittee's decisionshallbebasedonthemajorityofthetwothirdsofthecommittee'smembers, and that the reasons of the sole-bid acceptance shall be noted down in the minutes. 19. f only one bid has been submitted after the re-invitation for bids, committee must study it and take decision in its regard. 20. Offerswithreservationsmaybeacceptedbythecommitteeifthebidderorhis representative agrees in the session and before the announcement of prices to give up his reservations and that he abides by the provisions of the tender's conditions and notes that down on his bid. 21. Awardingshallbebasedonbidwithlowestpriceandthatisconsistentwith specificationsandconditionsprovidedthatincasethecommittee'sselectionis completelycontrarywithsuchbasicaspects,thecommitteemustexplaininwritingthe justifications supporting its selection. 22. Committee may award the bidder with highest price if the other bidders' prices are so low that they may cause concern regarding work progress. 23. fPurchasingCommitteeseesthatthereisasolidjustificationtopreferabidderwith higherpriceandinconsistentwiththeconditionsofclause22oftheGeneralRulesof Purchase with Tender, the matter shall be referred to the Undersecretary of the Ministry or their equal to take a decision in this regard. 24. f there is an offer among bids for supplying local products and that it is consistent with specificationsandconditions,committeeshallawarditsbidderifthebidder'spricesdo CRCULAR 16 OF 1995 CHAPTER 3 notexceedthelowestpricessubmittedforforeignproducts by a percentage set by the Law of Tenders or the Council of Ministers for the purpose of local products protection. 25. Upontakingdecisionconcerningbids,thecommitteeshallseekguidancefromthelast previous prices dealt with as well as prices of the market. The committee shall have the righttocancelthetenderduetohighpricesdespitetheallowanceofaccountingitem. Thisshallbedonebyadecisiontakenbythemajorityofthetwothirdsofthe committee's members and on the condition of noting such in the minutes. 26. Performance bond shall be at least 10% of the bid price and that it shall have the same formasthebidguaranteeasindicatedinclause14oftheGeneralRulesofPurchase withTender.Validityoflettersofguaranteesubmittedasperformancebondsshallbe ninety days as of the date of the contract execution completion unless documents of the tender stipulate otherwise. 27. Suppliermaybeexemptedfromcompletingorcarryingoutperformancebondifhe agrees, before the end of seven days from the date of notification of his bid acceptance, tosupplyallcontractmaterialsregardingthefirsttypeofcontractsandthatwhenthe State authority examines, agrees and finally receives them. 28. f the awarded bidder defaults to sign the contract or to submit the performance bond in thesetdate,heshallbedeemedasawithdrawerfromthetenderandthathisbid guarantee shall be confiscated. 29. ftheawardedbidderwithdrawsfromthetender-whetherbeforeoraftersigningthe contract-ordefaultstoexecutethecontract;thecommitteemay,underarequestfrom theorderingdepartmentattheStateauthorityorfromthepurchasingunit,awardthe next bidder or cancel the tender and re-invite for bids. 30. Supplier may not waive the contract to others unless he obtains in writing consent from the Undersecretary or any of their equal.31. The competent Minister, in any time before signing the contract or before purchase order receiptbythesupplier,maycancelthetenderevenadecisionhasbeentakenthereof andanawardinghasbeenmade.Healsomayannultheawardingdecisionofthe Purchasing Committee. Therefore, bidder shall have no right before the State authority in terms of awarding or notification. 32. TheStateauthorityshallhavetherighttomakeamendments(whetherincreasingor decreasing)therequiredquantitieswiththesamepricecategories;without compensating the supplier within the announced limits for each tender separately. 33. TheStateauthorityshallhavetherighttosetanypenalconditionsasdeemed appropriate in order to oblige the supplier to execute the contract conditions completely for the purpose to secure its rights. 34. Purchaseorderssenttotheexternalsuppliershallstipulatethatthereceivedmaterials inconsistent with the specifications and conditions will be returned at his expense. 35. n case the accepted lowest-price bid rise above the estimated price of the tender, State authority may summon the three lowest-price bidders in order to perform a public tender amongthemprovidedthatconditionsofthetendershallcontainaclauseindicatingas such or the tender's cancellation and re-invitation. CRCULAR 16 OF 1995 CHAPTER 3 19 CRCULAR 16 OF 1995 CHAPTER 3 Bids and 8pecimens Receipt 8tatement Ministry: Purchasing Committee 8ecretariat Tender Number: Date of nvitation: 8ub]ect: Ser. Supplier Name Date of Bid Submission Signature of Supplier or Representative Enclosed Specimens Remarks Signature of the concerned official at the Purchasing Unit: Signature of the secretary: A copy shall be enclosed with the minutes of work team meeting and the statements of bids sorting out. Summary Statement of Bid (1) CRCULAR 16 OF 1995 CHAPTER 3 No. Date: Ministry : .... (4) Purchase order number:.. Date:... Department: .... Tender No.: .... (5) Number of request of Quote: ... Control : .... Tender Subject: ....(3) (6) Statement of bid: ... Date:.. Division : .... No Material

No. (9) Material

Description (10) Name / unit code (11) Bidder / quantity (12) Price K.D Fils K.D Fils K.D Fils K.D Fils K.D Fils K.D Fils K.D Fils K.D Fils Notes (13) (14) (7) (8) Name (chairman of committee) (Secretary of Committee) Signature (16) No Committee Decision (15) Date Form No.6 Purchases CRCULAR 16 OF 1995 CHAPTER 3 "Statement of bid"Form No. (11, 12) purchases : Definitions :First 1- t'saformfilledwithstatementsofwinningbidssubmitted by suppliers. 2- t's a numerical form containing of an original and one copy. :Preparation :Second Thesecretaryofpurchasescommitteeprepares"statementof bid"basedontenderscommitteedecisionswhichaccordingto the committee the wining suppliers are determined. : Execution Procedures :Third 1- Thepurchasescommitteesecretaryfillthecolumnsfrom (1) to (13) and sign on column (16) and signing the date. 2- Purchasescommitteememberscertifythe"statementof bid" by writing their names and signing the date on column (17). 3- "Statementofbid"originalcopyissenttothefinancial affairstobeattachedandtowriteaccountingarticle numberoncolumn(14),signingandwritingthedateon column (18). 4- Theoriginalcopyofthe"statementofbid"issenttothe undersecretaryorwhomisauthorizedtocertifyit,signit and write the date on column (19). 5- The original "statement of bid" and its attachments are send to issue supply order/orders.] 6- The purchases issue the supply the necessary order/orders to sign it and to write the date on column (20). 7- ncasetheundersecretaryorwhomisauthorizeddidnot approvethestatementofbidattachment,thefinancial affairsshouldbenotifiedtocanceltheattachmentandto distributetheoriginalstatementanditscopytothesame distribution places. : Distribution and Filing :Fourth CRCULAR 16 OF 1995 CHAPTER 3 1- the "statement of bid" is distributed to the following: Original copy: Purchases.Copy (1): Secretary of purchases committee.2- the "statement of bid" is filed for (10) years. Statement of tender awardingData CoIumn cIarification appendixColumn (1): Form name, number and date:Printedncolumn(1)formname"statementoftender awarding", serial number and the preparation date. Column (2) Ministry/ purchases committee secretary:Notedownincolumn(2)concernedministry,and "purchases committee secretary".Column (3) subject and number of tender:subjectnumber,dateoftender)3 ( umnNotedownincol. atement of awarding st Column (4) number and date of statement of bid.thenumberanddateof)4 ( Notedownincolumn . subject tender statement of bid Column (5) serial numberNotedownincolumn(5)hierarchyofeachoperationof supplier and item. Column6)Materialserialnumberinthesummary statement of bids list:Note down in column (6) the item serial number according to summary statement of bids. Column (7) supplier name:Notedownincolumn(7)namesofthesuccessful suppliers. Column (8) material number:CRCULAR 16 OF 1995 CHAPTER 3 Note down in column (8) the material number according to theministry'sordepartmentcatalog guide and writingthe date. Column (9) material description:Notedownincolumn(9)nameofeachmaterial,a specifiedanddistinguisheddescriptionaccordingtothe purchase order concerning the tender. Column (10) unit code:Note down in column (10) the terminology of material unit accordingto the circular No. (2) of 1978, and subsequent circulars in this matter. Column (11) approved quantity:Notedownincolumn(11)theapprovedquantitytobe purchased. Column (12) unit price:Notedownincolumn(12)theunitpriceforeachmaterial listed in the list. Column (13) value:Note down in column (13) the material unit value (quantity X unit price) Column (14) accounting article:Notedownincolumn(14)theaccountingarticlenumber which was attached on to purchase. Column (15) Remarks:Notedownincolumn(15)anyremarksseemedtobe necessary. Column (16) secretary of the committee:CRCULAR 16 OF 1995 CHAPTER 3 Thepurchasescommitteesecretarysignsincolumn(16) andwritethedateafterfillingthelistcolumnsfrom(1)to (13) and (15).Column (17) members of the committee:Thepurchasescommitteeauthenticate"statementof tenderawarding"bywritingtheirnamesandsigningand dating on column (17). Column (18) Attachment:**Thespecializedemployeeinexecutingtheattached determinedamountincolumn(13)Signincolumn(18) and writes the date and fills it in column (14) Column (19) authentication:The undersecretary or whom is authorized signs in column (19)andwritingthedateofauthenticatingthetender award to issue supply/ supplies order. Column (20) issuing supply /supplies order:Thepurchasesofficersignsandwritethedateafter issuingsupply/suppliesorderandstatingitsnumbersin column (20). CRCULAR 16 OF 1995 CHAPTER 3 Statement of tender awardingMinistry:..(2)Purchases Committee SecretaryNo:.... Date:... Form No (11/12) PurchasesAfterauditingandreviewingtheofferedprices/summarystatementofbid matchingtheterms,itwasrealizedthatthemostappropriatepricesto supplythelistedmaterialsinthetenderdocumentNo...Dated.was submitted by the following suppliers for each material.SerialMaterial serial in summary statement of bidSupplier NameMaterial NumberMaterial DescriptionUnit CodeApproved QuantityUnit priceValueAccounting article(5) (6) (7) (8) (9) (10) (11) (12) (13) (14) AwardingPurchase approvalssuanceof purchase order/ ordersName Signature had noted downand auditedthe above date:Tender committee secretarySignature:..Date:...(16)Members of CommitteeDate (17) Thestated amounts where attachedin thevalue columnand the accounting articlewas noted downSignature:...Date:... (18)Approved.And order/ or supplyUndersecretary Signature :...Date:...Orderis issued/or supply No... Signature:.Date:.. "Purchase Order"form No. (15, 16) Purchases First: DefinitionCRCULAR 16 OF 1995 CHAPTER 3 1- t'saformtoissueanordertothesupplierwhichwas chosenbythegovernmentauthoritytosupplythe requiredmaterialsandequipmentsinthequantities, prices and terms agreed upon.Thepurchaseorderisconsideroneoftheessential documents the receive the materials and equipments.2- t's a serialized form and contains one original and four copies. Second: Preparation1- A- n case of a direct purchase: The concerned employee prepares the " Purchase Order" aftertheapprovalofpurchasesofficerwithinauthorized limits for the purchase order procedures. B- n case of a tender purchase:The specialized employee prepares the " purchase order" afteritscertifiedbytheundersecretaryorwhomis authorized for all thestatement of bids. 2- purchase order/ orders are prepared for all the material /materialssupplierswhichconcernseachsupply operation. Third : Execution procedures1- ncaseofadirectpurchaseorderthefollowingshould be done: A- Anyofthespecializedemployeesisauthorizedto search for the lowest prices for the required materials in therequiredspecifications,andtonotetheoffered price from at least three suppliers for this materials not exceeding 3000 Dinar unless its monopolized. B- Aftertheapprovalofthepurchasesofficeronthe writtenoffers,hechoosesthemostappropriateand prepares a "Purchase order" accordingly. 2- n case of a local tender purchase the following must be done: CRCULAR 16 OF 1995 CHAPTER 3 A- Thepurchasesunitdeliverthetenderdocuments containingtherequestforquotationtothe suppliers. B- After receiving the request for quotation filled from thesuppliersandsummarizingitinthesummary statementofbidandchoosingthewiningrequest forquotationbytheexpertiseofthepurchases committeeandpreparingstatementofbidand certifyingitbytheundersecretaryorwhomis authorized,a"Purchaseorder"ispreparedfor each wining bidder. 3- ncaseofdirectabroadpurchaseorderthefollowing should be done: A- The appropriate procedures is done to acquire the prices to choose the most appropriate, and in this caseitspreferredtoconsultthespecialistinthe requiring authority. B- Aftertheapprovalofthechosenpricesa "Purchase order" is prepared accordingly. 4- ncaseofatenderabroadpurchase,thesame procedures in article (2) should be done. 5- Afterachievingthepurchaseproceduresforeachway, thespecializedemployeefillthecolumnsfrom(1-14) andsignincolumn(15)writingthedate,notenotto sign column (4) in case of a direct purchase order. 6- The local and abroad purchases officer signs in column (16)writingthedateafterverifyingthecorrectnessof the data in columns from (1-5). 7- Thepurchasesofficercertifythepurchaseorderby signing in column (17) and writing the date. 8- n case of a local purchase: A- Thepurchasesrepresentativereceivetheoriginal andthe2ndcopyofthepurchaseorderafter writing his name and signing in column (18) writing the date. B- The purchases representative delivers the supplier or whom is authorized the original of the purchase CRCULAR 16 OF 1995 CHAPTER 3 orderafterthesupplierorwhomisauthorized writeshisname,signatureanddateoncolumn (19) stated in the 2nd copy only. C- 2ndcopyofthepurchaseorderisreturnedtobe saved on the concerned purchasing authority. 9- n case of abroad purchase: The original is sent to the abroad supplier to notify him of the start of the delivery. Fourth: Distribution and Archives.1- Thepurchaseorderisdistributedtothefollowing authorities: Original: Supplier1st Copy: Financial Affairs2nd Copy: Purchases3rd Copy: Central Delivery4th Copy: Warehouse Accounting2- "Purchase order" is archived for 10 years. " Purchase Order"Attachment of data column clarificationColumn (1): Form name, number and date:Printincolumn(1)formname"purchaseorder"serial number and date of preparation. Column (2) Department/ control/ division:Notedownincolumn(2)nameofdepartment/control/ division which issue the purchase order. Column (3) Purchase request number and date:Notedownincolumn(3)numberofpurchaserequest referred to in purchase operation and the preparation date. Column (4) Statement of bid number and date:CRCULAR 16 OF 1995 CHAPTER 3 Notedownincolumn(4)numberanddateofpreparationof statement of bid referred to in specifying the wining supplier/ suppliersdecidedtoissuepurchaseorderstothemincase of a tender purchase. Column (5) preface data addressed to the supplier:Note down in column (5) the following data:A- Supplier name and address. B- Placeofreceivingthematerialsandmaximum receive date. C- Request for quotationdate and number subject of the purchase order (in case of a bid). D- Dateandnumberofthecontractsignedwiththe supplier (if there is any). E- Date and number of tender or bid referred to in the purchase. F-Required number of copy of supplier list. Column (6) Serial number:Notedownincolumn(6)theserialnumberofeachmaterial listed in the purchase order. Column (7) Material number:Notedownincolumn(7)thematerialnumberaccordingto materials guide concerning the government authority. Column (8) Material description:Notedownincolumn(8)nameofeachmaterialanda distinguishedspecifyingdescriptionanditsmanufacture number if there is any according to the materials guide. Column (9) Material unit:Note down in column (9) unit term for each material listed in thepurchaseorderaccordingtothecircularNo.2of1978 and all circulars in this matter. Column (10) Required quantity.:CRCULAR 16 OF 1995 CHAPTER 3 Notedownincolumn(10)materialsquantitywhichwas financially attached to purchase, and considering splitting the materialstobuyitfrommorethanonesupplierand considering what might be agreed on with the supplier to split the supply of material quantity for several deliveries. Column (11) Unit price:Notedownincolumn(11)unitpriceofeachmaterial accordingtothewiningbid(incaseoftenderorbid purchase) or according to the chosen prices (in case of direct purchase order) Column (12) Value:Notedownincolumn(12)thevalueofeachmaterial( Quantity X Unit price). Column (13) Total:Note down in column (13) the total of materials value. Column (14) Remarks:Notedownincolumn(14)anyremarksfoundtobe necessary. Column (15) Specialized employee:Theemployeewhohadwrittenthepurchaseordersignsin column (15) and stating the date. Column (16) Local/ Foreigner purchases officer:Thelocal/foreignerpurchasesofficersignsincolumn(16) andstatingthedateafterverifyingthecorrectnessofthe noted down data in the purchase order. Column (17) Purchases officer:Thepurchasesofficersignstheapprovalofthepurchase order in column (17) and stating the date.Column (18) Purchases representative:CRCULAR 16 OF 1995 CHAPTER 3 ncasethepurchasesrepresentativereceivestheoriginal purchaseorderandcopy(2)todelivertheoriginaltothe supplier, the purchases representative writes his name, signs and writes the receive date in column (18). Column (19) Supplier or his representative:The supplier or his representative notes down his name and signature on column (19) of copy (2) what states that he had receivedtheoriginalpurchaseorderandnotingdownthe receivedate,incasehereceivestheoriginalthroughthe purchases representative. CRCULAR 16 OF 1995 CHAPTER 3 States Emblem Purchase Order No (1) Date Ministry : .... Purchase order No:.... (3) :... Department : ...(2) Statement of tender awarding :.... (4) Control / Division: .... &&&&&: .... Mr./Messrs : ....... (5) Please provide us with the noted items below delivery... n no more than.. according to your prices and our attached terms in the request for quote No..Dated on...Contract No... Tender/bid No...Dated...and provide us of your list original and..copies to pay the amount to you. Serial o Material Number Material Description Unit Required Quantity Unit Price Value Remarks (6) (7) (8) (9) (10) K.D Fils K.D Fils

(11) (12) (14) Concerned Local /Foreign The amount of:... (13) &&& CRCULAR 16 OF 1995 CHAPTER 3 Employee Purchases Officer Signature:. Date:..

(15) Signature :.. Date:...

(16) Purchases Officer Signature:... Date:.. (17) had received the original and copy Purchases representative name:... Date:... (18) (on copy No.2 the following date shall be printed) supplier or supplier representative name:.. Signing receipt of original:.. (19)

CRCULAR 16 OF 1995 CHAPTER 3 ControI register of direct purchase ordersForm No. (22) Purchases First : Definition:t's a registry to follow up the stages/levels of executing each direct purchase operation starting from the purchase request to the end of supplying. Second : Preparation and Execution procedures.The concerned employee notes down in the purchases.1- ncolumn(2)theunitorganizingdataconcerning holdingtheregistryandcolumn(3)pagenumber in the registry **** 2- ncolumn(4)serialofeachoperationinadirect purchase order. 3- ncolumn(5)numberanddateofrequisition wherebytheotherpurchaseprocedureshave been excluded.4- ncolumn(6)numberanddateorpurchase order/orders issued to the suppliers/suppliers. 5- n column (7) name of supplier, the purchase order is directed. 6- ncolumn(8)numberanddateoflistsentby supplieraccordingtothereceivedmaterialsthe subject of purchase order. 7- ncolumn(9)numberanddateoffilledreceipt sheet of the approved materials after inspection. 8- ncolumn(10)noteanydatafoundtobe necessary tomention.Third: Filing.The registry is kept is the archives for Ten yearsCRCULAR 16 OF 1995 CHAPTER 3 (61) ControI register of direct purchase orders (1) Ministry : .... Form No (20) Purchases Department : .... Control: .... Division : .... Page No : ...... (3) Requisition (5) Purchase Order (6) Supplier Name (7) Supplier List (8) Receipt Form (9) Remarks (10) NO (4) No. Date No. Date No Date No Date

CRCULAR 16 OF 1995 CHAPTER 3 ControI register of notices of tenders Form No (24) Purchases First : Definition t's a register to control notices of tenders starting from the requisition to summarization of bid details. Second : Preparation and execution procedures. The concerned purchases employee notes down: 1- n column (2) the unit organizing data holding the register and in column (3) page number in the register. 2- n column (4) serial of each notice of tender. 3- n column (5) number and date of requisition whereby the other purchase procedures have been excluded. 4- n column (6) tender subject, number and date. 5- n column (7) number and date of all "Requisition" sent. 6- n column (8) supplier name which the " Requisition" had been sent to him.** 7- n column (9) maximum specified receipt date from the supplier. 8- n column (10) number and date of statement of bid sheet where the sent prices noted down from the materials suppliers subject of the purchase.*** 9- n column (11) any remarks found to be necessary to mention. Third: Filing The registry is kept is the archives for Ten years CRCULAR 16 OF 1995 CHAPTER 3 ControI register of direct purchase orders (1) Ministry : .... Form No (20) Purchases Department : .... Control: .... Division : .... Page No : ...... (3) Requisition (5) Tender (6) Request for quotation Supplier name (8) Maximum specified receipt date Statement of bid sheet (10) NO (4) No. Date No. Date No Date No Date

CRCULAR 16 OF 1995 CHAPTER 3 ControI register of tender execution Form No (24) Purchases First: Definition t's a register to control the stages/levels of each tender purchase starting from awarding to end of supplying. Second : Preparation and execution procedures. The concerned purchases employee notes down: 1- in column (2) the unit organizing data holding the register and in column (3) page number in the register. 2- n column (4) serial of each tender execution. 3- n column (5) number and date of tender according to tender documents. 4- n column (6) number and date of awarding sheet. 5- n column (7) number and date of purchase order/orders issued to the successful supplier/suppliers. 6- n column (8) name of successful supplier/suppliers. 7- n column (9) number and date of supplier sheet sent with the supplied materials. 8- n column (10) number and date of receipt form/forms noted down the approved materials. 9- n column (11) any remarks found to be necessary to mention. Third: Filing: The registry is kept is the archives for Ten years CRCULAR 16 OF 1995 CHAPTER 3 ControI register of tender execution (1) Ministry : .. Form No (24) Purchases Department:.. Control :... Division :... Page Number:..(3) No Tender Statement of bid Purchase Order Supplier Name Supplier Sheet Receipt Form Remarks (11) (4) (5) (6) (7) (8) (9) (10) Subject/ No/ Date No / Date No / Date No / Date No Date No Date

CRCULAR 16 OF 1995 CHAPTER 3 21ControI register of materiaI purchase First : Definitiont'saregistertocontrolthepurchaseinvitationand executionstagesonthemateriallevelstartingfromthe requisition to the end of supplying.And this register is computer printed.Second: the register shows the following:1- ncolumn(2)theunitorganizingdataholdingthe register. 2- ncolumn(3)materialbasicdatasubjectofthe purchase. 3- n column (4) page number in the register. 4- n column (5) serial of each material purchase. 5- n column (6) number and date of the requisition. 6- n column (7)purchase method ( direct order, tender, bid) number and date. 7- ncolumn(8)numberanddateofstatementof awarding. 8- n column (9) supply order data issued to the supplier whichare,number,date,successfulsupplier, requiredquantity,unitprice,valueandagreedupon delivery date. 9- ncolumn(10)numberanddateofpresented supplier sheet according to the delivered materials. 10-ncolumn(11)numberanddateofinitial deliveryreceiptconcernedwiththedelivered materials. 11-n column (12) number and date of receipt sheet whichwasissuedafterinspectingtheapproved delivered material from the supplier and the approved quantity and value.*** 12-ncolumn(13)anyremarksfoundtobe necessary to be mentioned. Third: FilingThe registry is kept is the archives for Ten years CRCULAR 16 OF 1995 CHAPTER 3 22 3 - 3 Buying by Tender: A. Definition: t means buying materials and services that are not monopolized or controlled by an administrated pricing and is over KD 5000 in value. B. Buying by Tender Procedures: 1 - Before the Invitation: (a) The Stores Unit shall prepare the Purchase Requisition for materials and submit it to the Purchasing Unit. (b) A letter must be sent from the requesting in the Government Authority to the Purchasing Unit in order to provide the service. (c) The Purchasing Unit shall write down the estimated prices after getting sure of the information accuracy and the purchasing method. (d) Forwarding the Purchase Requisition to the Financial Affairs for the initial commitment. (e) Receiving the Purchase Requisition by the Purchasing Unit in order to carry out the following Procedures: Preparing the tender documents by coordinating with the concerned departments. Writing to the Legal Advice and Legislation Department for Tenders reaching up to KD 75000 in value and over. Writing to the Tenders Central Committee regarding the nvitation for Tenders and delivery of documents. 2 - The Awarding: (a) Studying the accepted bids and recommending the awarding.CRCULAR 16 OF 1995 CHAPTER 3 23 3 - After the Awarding: (a) WritingtotheTendersCentralCommitteeregarding awarding tenders according to the Tenders Law provisions. (b) Writing to the Auditing Bureau regarding tenders reaching up to KD100000 in value and over. (c) Addressing the winner supplier to submit the Final Guarantee. (d) Signingthecontractwiththewinningsupplierandmaking contactswiththeTendersCentralCommitteetorelease warranties. 3 - 4 Buying by Cash Custodies: A. Definition:tmeansbuyingmaterialsorprovidingservicesfromthesums givenascustodybytheFinancialAffairsDepartmentatthe GovernmentAuthoritytoanyworkingmemberofthesame authorityinordertospendonacertainobjectthatshouldbe specifiedwhenapplyingforthecashcustodywhichshouldbe within the purchasing boundaries referred to in this circular. B. The Range of Buying by Cash Custody : (1) A material for which the approbated amount in the Stores Estimates does not exceed KD100 and that concerns one department. (2) Materials that go beyond the scope of the Store Estimates and the contracts concluded with contractors that are not exceeding KD50 in value, provided that a material should not be bought more than once during the month. (3) Materials that are bought immediately; either because contractors are late in providing the supply, or because the supplied goods are rejected due to their inconsistency with the terms and conditions. The value of these Materials must not exceed KD50. CRCULAR 16 OF 1995 CHAPTER 3 24 (4) Materials that are urgently needed but are hardly obtained from the stores and are not more than KD50 in value. (5)Emergency service expenses such as simple maintenance of machinery and systems in case of any default that should not cost more than KD50; and some other services such as postage, transport, and transportation. (6) The Petty Cash that is not mentioned previously which is not more than KD100 such as small banquets charges. C. GeneraI RuIes: (1) Materials that have stock in the stores may not be purchased by Custody Cash except for top urgent conditions without exceeding the amounts provided for within the range of buying by Custody Cash. (2) The spending total for any kind of material by means of Cash Custody may not exceed 4% of the approbated total of the one kind in the Budget Programme.

(3) Providing the Purchasing Unit with a copy of the invoice of buying by Cash Custody. (4) Providing the stores with a copy of the invoice of buying by Cash Custody. (5) A Governmental Authority is obliged to prepare periodical reports on the process of buying by Cash Custodies and provide the Ministry of Finance Purchasing Systems with copies of such reports. (6) Adherence to the Ministry of Finance Circular 17/1985 regarding the organization of the personal Cash Custodies. CRCULAR 16 OF 1995 CHAPTER 3 25Cash Custody Report for the period from -- /-- / -- to --/ --/ -- . Invoice Date MateriaI Name quantity Price VaIue SuppIier Name Requesting Dept. CRCULAR 16 OF 1995 CHAPTER 3 26IV. Purchasing Documentary CycIe: 1. Definition: t means the forms and records that are used in regulating the purchasing operation procedures. 2. GeneraI RuIes: (a) Setting separate serial numbers for every form. (b) n all forms and records one's signature must be followed by writing the date. (c) Any Governmental Authority may not use forms or records that are not conforming with the stated above in this circular regarding the regulation of purchase operations by Direct Order, biddings or tenders. However, any authority may add the forms and records it deems appropriate for the work development after acquiring the approval of the Ministry of Finance Purchasing Systems Department. (d) n case of a requirement for providing a service the Purchase Requisition Form shall be replaced by a letter submitted by the requesting Unit. (e) n case of issuing Purchase Orders based on contracts concluded with the suppliers, the contract number must be indicated in the column for Remarks included in the Purchase Order Form. CRCULAR 16 OF 1995 CHAPTER 3 27 "Purchase Requisition" Form No. (1) Purchases I. Definition: (1) A form used by the Stores Unit to notify the Purchases Unit to start the procedures of providing the government authority with the required materials and equipment to cover their needs either by buying locally or from abroad; whether by means of direct order or through biddings or tenders. (2) A serially numbered form of one original and three copies. II. Preparation: A Purchase Requisition is prepared for every homogeneous group of materials in the following conditions: (1) When the material quantity reaches the level that requires reordering within the range of the approved annual estimates. CRCULAR 16 OF 1995 CHAPTER 3 28 (2) When the requesting unit needs a limited quantity of the material within the range of the approved estimates for such unit and it is not fully available in the stores even though the available amount is exceeding the requested amount (3) When the requesting unit needs in cases of emergency a certain amount that surpasses the amount of the material assigned for such unit in the estimates; or that has no more estimates and is not available partially or wholly in the stores. Such procedures should be carried out upon the approval of the assistant undersecretary or his representative. III. ImpIementation Procedures: 1. The Stores Affairs concerned person shall fill in the Columns from no.(1) throughout to no. (8) also Column no.(13), then he shall sign and write the date in Column (18). 2. The Stores Accounting Unit shall fill in Columns (9) to (12), check the information that appears in the Purchase Requisition, then shall sign and writes the date in Column (19). 3. The stores officer shall indicate the amount he agrees to order in Column (14), and then he shall sign and write the date in Column (20). 4. The Stores Affairs shall send the original copy with Copy (1) to the Purchasing Unit, Copy (2) to the ordering unit, and shall maintain Copy (3). 5. When the Purchasing Unit is satisfied with the information given in the Requisition, the Purchasing Officer shall determine the form of buying (locally / externally) and the method (direct order/ bidding/ tendering ), then he shall put down his signature and the date in Column (21). 6. n case of buying by Direct Order: CRCULAR 16 OF 1995 CHAPTER 3 29a. The Purchasing Unit shall inquire about the materials prices and put down the estimated total price in Column(15), then send the original copy and Copy (1) to the Financial Affairs. b. The Financial Affairs shall be committed to the estimated total prices, write the accounts item number in Column (16), sign and write the date in Column (22), then shall return the original copy to the Purchasing Unit and retain Copy (1).

7. When buying by Bidding /Tenders: The Purchasing Unit shall take the necessary steps for each of the two methods. IV. Distribution and FiIing: 1. The "Purchase Requisition" shall be sent to the following: Original Copy: Purchasing Unit Copy (1): The Financial Affairs. Copy (2): The Requesting Unit Copy (3): The Storage Affairs. 2. The Purchasing Requisition shall be maintained for 10 years. 3. n case the requisition is rejected the Original and the other copies shall be sent again to the above mentioned bodies. LocaI / ExternaI Purchase Requisition CRCULAR 16 OF 1995 CHAPTER 3 30Data CoIumns DetaiIs Appendix CoIumn (1) Form TitIe, Number and Date: The Form title "Purchase Requisition" must be typed in col. (1), also local / external, its number and date of preparation. CoIumn (2) Department / ControI / Division: Writing down the name of the Department / Control / Division that issues the requisition. CoIumn (3) the Ordering Unit: Writing down the Department / Control / Division name that requests the materials; writing also the work place number if any or the warehouse name or number if any - that requests the materials. When there are many requesting units, the Requesting Units' names, numbers and places of work and the stores names and numbers must be illustrated if any. CoIumn (4) Approved AnnuaI Estimates / Issue Order / Transfer Form: Writing down the financial year related to the Approved Annual Estimates, the number of the ssue Order or the Transfer form number and the date of each. CoIumn (5) SeriaI Number: Writing down in col. (5) the serial number of every material listed in the Purchase Requisition. CoIumn (6) MateriaI Number: Writing Down in col. (6) the materials numbers according to the Ministry or Department materials catalogue. CoIumn (7) MateriaI Description: CRCULAR 16 OF 1995 CHAPTER 3 31Writing down in col. (7) the material's name, a specific and significant description, and the manufacture number if any according to the materials' catalogue. CoIumn (8) the Unit SymboI: Writing down in col. (8) the Unit symbol according to Circular no.2 of Year1978 and any new circulars of the same concern. CoIumn (9) Confirmed in Estimates: Writing down in col. (9) the confirmed amount of the material in the Store Estimates. CoIumn (10) Estimates Remains: Writing down in col. (10) the remained amount of the stores estimates materials when preparing the order. CoIumn (11) Book BaIance: Writing down in col. (11) the amount the material balance reached in the record when preparing the requisition. CoIumn (12) Order Limit: Writing down in col. (12) the amount approved as a limit to ordering the material. CoIumn (13) Required Amount: Writing down in col. (13) the amount required by the requesting unit or the gross amount of the same material required by the requesting units. CoIumn (14) Approved Quantity: CRCULAR 16 OF 1995 CHAPTER 3 32The Stores Officer shall indicate in col. (14) the amount he agrees to submit for purchase within the material order limit and the approved estimates. CoIumn (15) Estimated Price TotaI: Writing down in col. (15) the estimated price total for every material amount approved for purchase after checking the prices. That is when buying by Direct Order. CoIumn (16) Accounting Item: Writing down in col. (16) the Accounting tem the purchasing process will be committed to when buying by Direct Order. CoIumn (17) Remarks: Writing down any necessary remarks. CoIumn (18) Storage Affairs: The Storage Affairs concerned person shall put down his signature and the date after filling in columns from (9) to (12) and checking the relevant data. CoIumn (19) Storage Accounts: The Stores Accounts concerned person shall put down his signature and the date after filling in columns from (9) to (12) and checking the relevant data. CoIumn (20) Stores Officer: The stores officer shall sign and put down the date in Column (12) after filling in col.(14). CRCULAR 16 OF 1995 CHAPTER 3 33CoIumn (21) Purchases Officer: The Purchases Officer shall sign in Column (21) after specifying the purchasing method and assigning the local / external purchases officer to whom the order will be directed and the purchasing method employed, then he shall write down the date. CoIumn (22) the Commitment: The concerned person in the Financial Affairs shall sign and put down the date in Col. (22) after filling in the accounting tem / tems in Col. (16). CRCULAR 16 OF 1995 CHAPTER 3 34The State Emblem: Ministry: Local / External Purchase Requisition No. ------------- Date; ------------- Form (1) Purchases Dept / Cont. / Div. -----------(2) Ordering Unit -------------( 3) Place of work No. Store: ----------------- No.: ------------ Approved Annual Estimates / ssue Request Transfer Form:------ Date:----------- (4) Ser. No. Material No. Material Descript. Unit Symbol App. Estimates Estimates Remains Book Balance Order Limit Required Amount App. Amount Estimated Total Price Acct. tem Remarks (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) Stores Purchases FinanciaI Affairs Data noted down Stores Affairs (18) Signature: ----------- Date: ----------- Data noted down & checked Stores Accounting (19) Signature: ---------- Date: ----------- Purchases Officer Please, take necessary procedures Stores Officer: ------------ Signature: -------------(20) Date: ----------- Local / External Purchases Officer To take necessary Purchasing Procedures (21) Direct Order / Biddings / Tenders Purchases Officer: -------------- Signature: ------------------ Date : ----------------- Purchases Officer: Necessary Procedures taken for commitment to above mentioned estimated amounts (22) Officer in charge: ---------------- Signature:--------------- Date:---------------- CRCULAR 16 OF 1995 CHAPTER 3 35Request for Quotation Form No. (3) Purchases: I. Definition: 1.Thisformisusedtoobtainquotationproposalsfromsuppliers nominated to supply materials or equipment with the description orconditionssetbytheGovernmentAuthorityasasteptochoose the most suitable. 2. A form serially numbered that is composed of the original and a copy. II. ImpIementation Procedures: 1. The concerned staff member in purchases shall fill in Columns (1 10) then sign and write down the date in column (17). 2. The local purchases officer shall sign and put down the date in column (18) after checking the previous data. 3. The purchases officer shall sign in approval and put down the date in Column (19). 4. The supplier or his representative shall receive the order original copy after signing in column (20) of Copy (1) next to the statement " received the original copy, he then write the date and return copy (1) to the purchases. 5. The supplier or his representative shall be requested -as he accepts thesupply and the contracting conditions -to specify in Columns (11 16 ) the prices of the materials he wishes to supply, the value and the total value in figures and letters, and any remarks hedeems necessary . 6. The original copy of request shall be signed, dated and sealed in Column (21) by the supplier or his representative; then returned to the Purchases. CRCULAR 16 OF 1995 CHAPTER 3 367. The Purchases Unit shall deliver the Request for Quotation and the attachments including the supplier's proposals to the secretary of the Purchases Committee to participate in the bidding.

III. Distribution and FiIing: 1. When buying by Bidding the "Request for Quotation" shall be distributed as the following: Original copy: To be kept with the Purchases Committee's secretary (after returning it from thesupplier). Copy (1): with the Purchasing Unit 2. The original and a copy of the "Request for Quotation" shall be kept at the Purchasing Unit (to be used for knowing the prices when buying by Direct Order). 3. " Request for Quotation" shall be maintained for ten years. IV. GeneraI RuIes: 1. The conditions attached to the "Request for Quotation" shall be an integral part of the contract concluded between the Government Authority and the supplier. 2. Scratching or erasing must be avoided in the quantities and quotations tables.n case there is any correction it should be made by crossing the item and putting down the bidder's signature next to the cross. CRCULAR 16 OF 1995 CHAPTER 3 37Request for Quotation Data CoIumns DetaiIs Appendix CoIumn (1) Form TitIe, Number and Date: Typing the Form's Title "Request for Quotation", the serial number and the preparation date in col.(1). CoIumn (2) Department / ControI / Division: Writing the Department's / Control's / Division's name in charge of issuing the request in col. (2). CoIumn (3) Purchase Requisition Number and Date: The Purchase Requisition number and date which is referred to when preparing the Request for Quotation must be written in col. (3). CoIumn (4) the Bidding Number and Date: The Bidding Number and Date must be written in col. (4). CoIumn (5) SuppIier Name and Address: Writing down in col. (5) the suppliers name and Address to whom the Request for Quotation is directed. CoIumn (6) SeriaI numbers of the MateriaIs for which sampIes and CataIogues are requested: Among the instructions noted for the supplier, writing down in col. (6) the serial numbers of the materials for which samples or catalogues are requested, as recorded in col. (7). CoIumn (7) SeriaI Number: CRCULAR 16 OF 1995 CHAPTER 3 38The Serial number of every material listed in the Request for Quotation shall be put down in col. (7). CoIumn (8) MateriaI Description: The material's name, a specific and significant description according to the material Catalogue shall be written in Column (8). CoIumn (9) Units: The material's units shall be written in Column (9). CoIumn (10) Requested Amounts: The Approved amount shall be written in Column (10). CoIumn (11) Unit Price: The supplier or his representative shall write down in Column (11) the unit price of each article by the official Kuwaiti Dinar and in figures. CoIumn (12) Unit price in Letters: The supplier or his representative shall write down in Column 12 the Unit Price of each material by the official Kuwaiti Dinar and in letters. CoIumn (13) VaIue: The supplier or his representative shall write down in Column 13 the value in figures of each article (the amount x unit price). CRCULAR 16 OF 1995 CHAPTER 3 39CoIumn (14) VaIue in Letters: The supplier or his representative shall write down in Column 14 the value of each material in letters ( the amount x unit price). CoIumn (15) the TotaI VaIue of MateriaIs: Writing down in Column (15) the materials total value as priced in figures and letters by the supplier or his representative. CoIumn (16) Remarks: n Column 16 the supplier or his representative shall write down the amount he may afford of each material and any necessary remarks he may find necessary to note down. CoIumn (17) Concerned Person: The concerned staff member who writes down the Request for Quotation shall sign in Column 17 stating the date of signature. CoIumn (18) LocaI Purchases Officer: The local purchases officer shall sign in col. (18) noting down the date after checking the written information in the Request for Quotation. CoIumn (19) Purchases Officer: The Purchases Officer shall sign in col. 19 to approve of the Request for Quotation and shall put down the date. CoIumn (20) the SuppIier's or his Representative's Signature on receipt of the request: CRCULAR 16 OF 1995 CHAPTER 3 40The supplier or his representative shall sign in Column 20 under the phrase ( received the original) and put down the date of signature in Copy no. (1) prior to completing the data in Columns (11- 16). CoIumn (21) SuppIier's Signature and SeaI: Supplier or his representative shall seal the original copy of the Request for Quotation in Column 21 by the supplying establishment seal; and it should be signed and dated by either of them before returning the RFQ to the concerned Government Authority [upon completing the data in Columns (11 - 17)]. CRCULAR 16 OF 1995 CHAPTER 3 41Request for Quotation No. ------------- Date ------------- Ministry Purchase Requisition No. ------------ Date --------- Dept / Con. / Div.------------- Practice No. ----------- Date--------- Mr. / Ms/ Messrs -------------- Dear Sirs/ Mmes, Kindly requested to write the following Materials prices if available wholly or partially then return the form in an envelope closed and sealed with red wax, without writing the sender's name on the envelope or noting down any sign or mark that may identify him. The Bidding number should be written on the envelope, while taking into consideration the enclosed conditions. We also request you to enclose the samples / catalogue of the materials serially numbered -------------- (6). Unit Price Value Serial No. Material Description Unit Required quantity Dinar Fils Unit Price in letters Dinars Fils Value in Letters

Remarks

(7)

(8)

(9)

(10)

(11)

(12) (13)

(14)

(16) Value total only -------------------(15) total The concerned employee Local Purchases Officer Purchases Officer Signature-------------(17) Date ----------------- Signature -----------------(18) Date ----------------- Signature ----------------- (19) Date ---------- Original Received (20) Supplier's or Representative's Seal & Signature (21)------------ Supplier's or Representative's signature ---------------------- Date ------------------- Date ------------------ (Form No. 3 Purchases) CRCULAR 16 OF 1995 CHAPTER 3 Bids Listing Sheet Forms (6, 7, 8)

I. Definition 1. A form in which the Bids information and enclosures submitted by suppliers are written down to choose the most suitable bids. 2. A serially numbered form. t is composed of the original and one copy. II. PreparationThe Bidding Committee Secretary shall set up (Bids Listing Sheet) for each bidding separately in the session assigned for opening envelopes based on the Requests for Quotation and attachments that are submitted by the suppliers, and the Committee's remarks and decisions. III. ImpIementation Procedures1. The Purchases Committee Secretary shall fill the Columns (1) to (5). 2.TheworkteamthatemergedfromthePurchasesCommittee shallopentheenvelopesrespectivelysoastoensurethe conformity of each bid in form with the acceptance conditions. 3. n case there is a fundamental pre-requisite for submitting samples and illustrative drawings, the committee must ensure that they are enclosed with the bids of each supplier. t should prove receipt thereof in the Receipt Sheet of bids and samples that is attached to the meeting minutes of the work team to be sent to the Purchases Committee. 4. The secretary shall write down the accepted bid data in the sheet by filling in columns (7) to (13).As for the declined Bids, only the tenderers names shall be noted down in Column (8) and reasons for the decline in Column (14). 5. The Committee's decision regarding the bids listed in the sheet shall be written in Column (15). 6. The Purchases Committee shall write their names, signatures, and date in Column (16). CRCULAR 16 OF 1995 CHAPTER 3 7. The Committee's secretary shall write down the Awarding Sheet number and date in Column (6). 8. The Committee shall prepare the minutes that shall include the events of every session. IV. FiIing and Distribution: 1. "Bids Listing Sheet" shall be distributed to the following places: Original Copy: Purchasing Unit Copy (1) : Purchasing Committee Secretary. 2." Bids Listing Sheet" shall be maintained for ten (10) years. . CRCULAR 16 OF 1995 CHAPTER 3 Bids Listing Sheet Data CoIumns IIIustration Appendix CoIumn (1) Form TitIe, Number and Date: Typing the form title (bids listing sheet) the serial number, along with the setting date. CoIumn (2) Department / ControI / Division: n Column (2) writing down the department name / control / the division concerned with the purchasing. CoIumn (3) Bidding Number & the Subject Matter: n Column (3) writing down the bidding number, the subject matter of Bids Listing Sheet and the bidding subject matter. CoIumn (4) Purchase Requisition Number & Date of Preparation: n Column 4 writing down the Purchase Requisition number for which the bidding is prepared and the date of preparing the purchase requisition. CoIumn (5) The Sent Request for Quotation: n Column 5 writing down the number of requests for quotations submitted for the bidding after the date of finishing the submission of bids. CoIumn (6) Awarding List Number & Date:n Column 6 writing the awarding sheet number and date of the same bidding. CoIumn (7) SeriaI Number: n Column 7 writing down the serial number of every material listed in the bids listing sheet. CoIumn (8) Tenderer Name: n Column 8 writing down the names of the bidders CoIumn (9) the MateriaI Number: n Column 9 writing down the material number according to the material catalogue of the ministry / department; or from the purchase requisition which number is mentioned above in Col. 4. CRCULAR 16 OF 1995 CHAPTER 3 CoIumn (10) MateriaI Description: n Column10 writing down every material name, a significant and specific description of this material according to the Purchase Order for which the bidding is prepared. CoIumn (11) the Unit SymboI: n Column 11 writing down the unit symbol according to Circular 2 of Year 1978 and any new circulars in this regard. CoIumn (12) the Quantity: n Column12 writing down the amount agreed by the Purchasing Committee according to the financial appropriations and the actual requirements of stores or the requesting bodies. CoIumn (13) MateriaI Prices:n Column 13 writing down ,next to every tenderer whose bid has been accepted, the price of every material he presented. CoIumn (14) Remarks: n column 14 writing down the reasons for which certain bids were declined and any remarks the Purchases Committee considers as important. CoIumn (15) Committee's Decision: n Column 15 writing down the Committee Members' decision regarding the bids listed in the sheet. CoIumn (16) Committee Members: n Column 16 writing down the committee members' names, signatures along with the date. CRCULAR 16 OF 1995 CHAPTER 3 Items purchasing foIIow up record Ministry/ Department :......(2) Item description : .... Page NO.:.(4) Department / ControI :......Item NO. : ... Unit Code:... (5)(6)(7)(8)(9)(10)(11) SRPurchase order Purchase method Award statement SuppIy orderSuppIier Iist EssentiaI invoiceNoDatemethod N Date NDate N Date SuppIier name Quantity Unit price VaIueDate of received Ndate N CRCULAR 16 OF 1995 CHAPTER 3 - SuppIiers record - Form no. (28) - purchases First :Definition Itisarecordusedasaresourcefordataandinformationon the suppIiers who are deaIing with the government authorities ,totakethebenefitindeterminingthereIationbetweenthe suppIier and the government authority . Second : Preparation and impIementation procedures The speciaIized empIoyee in the purchasing shaII register : 1-inFieId(2)theorganizationaIdatafortheunitofrecordhoIding , infieId (3) page number in the register . 2-inFieId(4)theessentiaIdataforthesuppIierwhichisthe commerciaInameandthesummaryoftheprovisionfirm objectivesandthecommerciaIrecordnumberandthe estabIishmentdateandthevaIueofthepaidcapitaI, accordingtothedocumentsandtheformaIpapersreIatedto these data . 3-inFieId(5)thesuppIieraddressandincIudesthefoIIowing data , Head Quarter , Main branches office , Phone number and the air maiI and TeIex . 4-inFieId(6)thedataofpowerofattorneyswhichare representedbythesuppIier,theprincipaIfirmnameandits nationaIity , the power of attorneys registration date .5- in FieId (7) the data reIated to the most important contracts whichtookpIacebetweenthesuppIierandthegovernmentaI authorityanditcontainsthenumberanddateofthesuppIy contract(tender,practice,directorder)andthetotaIvaIueof the contract . 6-inFieId(8)thedatareIatedtopenaItiesandsanctions subjecttothesuppIierwhichisdateof(warning/category deduction/temporarydeIetionfromtheregistry/permanent deIetion from the registry). CRCULAR 16 OF 1995 CHAPTER 3 SuppIiers Record Ministry / Department:Department:(2) ControI :Division :page : (3) Basic Data for the supplier (4)Supplier Address (5)Agencies represented by him (6) Commercial name for supplier Objectives summary Commercial register no. Association Date Paid Capital Main Headquarter Main Branches Phone No. Telegraphic Address Telex Name Nationality Registration date Third : Preservation TherecordshaIIbereservedfor10years.CRCULAR 16 OF 1995 CHAPTER 3 20 Fourth chapter Fifth: GeneraI Provision 1- The governmentaI authorities shaII be obIiged to the Iaw decree no. 28 for the year 1977 on the standardization speciaIIy the articIe text (14) - ( the governmentaI bodies , authorities , administrations and the generaI estabIishments shaII be registered in its registry book and in its purchases document in the Kuwaiti standard quaIifications and shaII not be exempt from this obIigation onIy in specific cases and under the approvaI of the minister of commerce and industry ministry according to justifications and shaII be accepted by him . ) 2- In case of Iacking of a Kuwaiti quaIifications it shaII be obIiged to the Arabic quaIifications and when it is not provided then it shaII be obIiged to the internationaI quaIifications but when in case there are no standard quaIifications it shaII be obIiged to the quaIifications of the production country after obtaining a certified certificate . 3- The governmentaI authorities shaII be obIiged to the provisions of tenders Iaw and its amendments on the supporting of the IocaI products taking in mind that if there is - among the bids submitted within the practice/tender offers - an offer on a IocaI products and the offer was conformabIe to the quaIifications and conditions then the speciaIized committee in the ministry shaII award the bidder if the prices he submitted was not exceeding the other Iowest prices of 10% percent . 4- The governmentaI authorities shaII be obIiged to the ministeriaI resoIution no. 32 for the year 1994 on estabIishing the nationaI committee for the information systems and technoIogy and the circuIar of the centraI tenders committee no. 5/89 on the approvaI of the ministry of pIanning regarding the purchasing or Ieasing the caIcuIators and its means . 5- No edition shaII be purchased before any ministry or a governmentaI body unIess it is reIated to the competence of its work , and the decision of evaIuating and purchasing the editions of the cuIturaI and CRCULAR 16 OF 1995 CHAPTER 3 20 Iiterature form is the competence of the ministry of information with the cooperation of the nationaI counciI for cuIture , arts and Ietters . 6- to impIy the tenders / practices provisions the suppIier obIigation conditions in training those who are appointed by the governmentaI authorities which purchases the technicaI appIiances that requires a n administration and continuous technicaI maintenance according to the counciI of ministers Iaw in its session no. 2/85 and the ministry of finance circuIation no. 1 for the year 1985 . 7- The governmentaI authorities shaII be obIiged to the Kuwaiti income tax decree no. 3 for the year 1955 and the amendments and reIated impIementation thereof . 8- To impIy the tenders and practices for the text regarding the circuIation of the centraI tenders committee dated 17/8/93 on the &&& financing program according to the ministers counciI resoIution no. (576 / first) in its meeting no. (29 / 92) dated 11 / 7/ 1993 . 9- AII the governmentaI authorities when typing the unified purchasing forms shaII have the approvaI of the Ministry of Finance - purchasing system department in order to define the quantities . 10- When studying the offers prices oh the appIiances and machines and tooIs it shaII be taken into account the maintenance expenses expected during the productive && and to incIude the unit price and one shaII refer to the maintenance scheduIe according the manufacturer cataIogue . 11- To provide the Ministry of Finance - purchasing system department - a copy of the governmentaI authorities repIy regarding the State Audit Bureau remarks on the purchasing . 12- To provide the Ministry of Finance - purchasing systems department - a quarterIy report on the purchasing process and these reports shaII be sent within 15 days after the termination of each quarterIy CRCULAR 16 OF 1995 CHAPTER 3 20 period and encIosed a Iist of the documents fees regarding the tenders / bids which were soId to the suppIiers and the penaIties regarding the contracts impIementations . 13- It shaII be taken into consideration - in estimating the vaIue of documents and deeds - that it shaII be onIy on the actuaI expenses in addition to 10% an administrative expenses . 14- The governmentaI authorities shaII provide the ministry of finance - purchasing systems department- a copy of aII its correspondences with the centraI tenders committee when send to the committee . 15- The governmentaI authority shaII binds to the necessary estimated prices of the purchasing . 16- Each governmentaI body shaII open the entry section in the suppIiers registration provided that the ministry of finance shaII notify the purchasing system department at the beginning of the fiscaI year . 17- The bids shaII be quoted in the Kuwaiti formaI currency . 18- In cases that are difficuIt to Iay out a compIete , cIear and a prcised quaIifications for the item that is required to purchase , then the requested authority or any other speciaIized governmentaI body is asked to Iay out a form or a specimen or an expIanatory drawing to be attached to the purchasing order . 19- In case of purchase or saIe between two governmentaI authorities the purchasing governmentaI authority shaII issue a purchase order to the seIIing body and to be bind in foIIowing the instructions of the document cycIe in the warehouses . 20- The governmentaI authority receiving the items shaII take into account the generaI ruIes provided in the Ministry of Finance circuIation no. 7/79 regarding the document cycIe in the warehouses and that is according to the instructions of the formaI receiving invoice and an inspection and statistic decIaration . CRCULAR 16 OF 1995 CHAPTER 3 20 21- The attachments , whether in forms of statements , minutes , forms , specimens , drawings or correspondences are an integraI parts of aII the deeds reIated to every purchasing process . 22- Each purchasing process shaII be fiIed to reserve aII the reIated deeds thereof . 23- It is not permitted