KUWAIT CITY, Aug 17: In line with the principle of accountability and as part of efforts to address shortcomings and negligence in development projects, the Central Agency for Public Tenders (CAPT) has banned nine companies from participating in future tenders, under the provisions of Law No. 49/2016, reports Al-Seyassah daily. The penalties, approved by CAPT’s Board of Directors under Article 85 of the law, varied in severity. They included deletion from the contractor registry and bans from participation for periods of one, two, or three years. Some companies were also barred from entering any future tenders until disputes related to previous tenders are resolved, whether due to nonperformance or failure to meet required standards.

In more serious cases, the penalties extended to permanent deletion and ban from participation, in line with Clause c of the same article. The penalties outlined in Article 85 of the Public Tenders Law include actions taken by the council against contractors, suppliers, or service providers, such as warnings, category reductions, removal from the register, deprivation of participation for up to five years, or permanent removal from the register. The article also emphasizes that these penalties do not affect the contractual rights of the concerned parties as per the contract terms.

Also, the procedures include summoning the contractor, supplier, or service provider by registered letter, based on a decision from the authority or a request from the relevant party. The penalty is imposed only after summoning the contractor, supplier, or service provider, hearing their statements, and investigating their defense. If the individual refuses to appear before the council after being summoned by registered letter, the council may issue its decision in absentia. The tenderer who is subject to a penalty decision has the right to appeal within thirty days from the date of issuance, before the Grievances Committee, based on the procedures outlined in the regulations.