Contractors Qualification Bases

Bases and controls for selecting contractors to participate in the tenders of the Ministry

Classification: Determining the category and specialization according to the Central Tender Committee and the estimated value of the contract or according to the specialized works of the project which require a specific level of performance.
The qualified contractors are nominated to participate in tenders according to each category in the classification and each field of works and according to the company evaluation in the financial, technical, and administrative evaluation systems of contractors. The Document and Contract Department excludes unqualified contractors by virtue of the following principles:
  • Excluding contractors scoring less than 50% in the financial evaluation, 50% in the general evaluation, or 60% in the performance evaluation.
  • Contractors who haven’t submitted their offers without an accepted excuse in two consecutive tenders (in the same specialization) after being inserted in the list of contractors invited to the contracts of these projects will be excluded from the list of contractors. These contractors will be invited to the tenders they are qualified for, if the Committee accepts an official request from the participating company.
  • The Department will exclude the new contractors whom the Ministry doesn’t have their data as they haven’t requested the qualification document according to the regulations.
  • The Department will exclude the contractors who are reported by the competent presidency in the Ministry of committing notable omission regarding their contractual commitments. It will also exclude contractors against whom the presidencies produce recommendations in order not to be nominated for similar projects according to the contractor performance reports (periodical and final reports).
  • The minimum number of tenderers in every tender is 8 companies. The specialized projects with special nature concerning the method of submission, number of qualified tenderers, the importance of the project, and other factors will be excluded from this.
  • Specialized and unclassified contractors by the Central Tender Committee will be added to the list of contractors qualified to the tenders of the Ministry, if 50 % or more of the tender works are considered specialized works in their field of specialization.
  • For the projects with special nature, the companies with previous experience in similar projects with a value approaching the estimated value of the introduced tender will be invited.
  • The new contractor, who has not worked with the Ministry before, will be called after submitting the supporting documents to be presented to the Contractor Selection Committee. The Committee will discuss the possibility of accepting the participation of such contractor after having more than or equal to 50 % in the general evaluation and more than or equal to 50 % in the financial evaluation. The contractor will be invited to one tender in the same specialization. If the contractor is awarded this tender, he will not be invited to another tender in the same specialization until he has a periodical evaluation with “accepted” or higher during the project.
  • The new contractor who has not worked with the Ministry before but has previous experience in the same specialization with a third party and proved good performance when evaluated will be treated as any contractor who previously worked with the Ministry and had good performance at least.
  • Contractors who were awarded two tenders in the same field of the presented tender will not be invited.
  • The data of the contractors will be wholly updated (according to the prepared forms) every two years. Also, the summary of the balance sheet will be updated in May every year. If the summary of the balance sheet is not received for two consecutive years, all the data of the contractor will be cancelled and he will have “Zero” in the general evaluation.
  • If there is not enough data about the company or this data is not updated for more than two years, this company will not be invited until the data is available in accordance with the annual announcement concerning data update
  • In case there are contradicting reports for the performance of the company from the same sector for the same evaluation period, the reports will be presented to the Contractor Selection Committee. The Committee will then have a decision concerning whether to invite the company to participate in the tenders of the Ministry or not.
  • If the contractor delays singing the contract (presenting the required supporting documents and the final guarantee) for more than 21 days, he will not be invited to the tenders of the Ministry for a year.
  • When the contractor fails implementing the project with the Ministry as follows:
  • If the contractor fails in the periodical performance report (every 6 months), he will not be invited to the tenders of the Ministry in the same specialization temporarily until receiving the following report.
  • If the contractor fails in the final report when delivering the project, he will not be invited to the tenders of the Ministry in the same specialization for two years.
  • If the contractor delays the implementation phase of the project of the Ministry 20% more than what supposed to be done, the contractor will be excluded from invitation for the tenders of the Ministry in the same specialization. If the contractor manages to avoid this delay, he will be invited to the tenders of the Ministry.
  • If a contractor is working on a project with the Ministry or any other government entity and this project is withdrawn or decided to be implemented on the account of the contractor, such contractor will not be invited for the tenders of the Ministry for three years.
  • If a contractor is implementing a project with the Ministry for the first time in the field of specialization (buildings – roads – health works), he will not be invited to new tenders until his performance is evaluated in the project after 6 months as of the date of practice.
  • The company will be invited to maintenance tenders (in the same department and governorate) only if such company has a maintenance contract in the same department and the percentage of the actual achievement exceeds 80% of the contract total value.
  • The new companies and the companies with no previous work experience with the Ministry will not be invited for more than two tenders in the field of specialization (buildings – roads – health works) at the same time until one of the tenders is awarded on them. Then Condition No. 18 will apply.
  • Companies from the first category that were awarded a tender less than 5 million dinars will be excluded from Condition No. 20. These companies can be invited to the introduced tenders, two tenders at most at the same time, until their performance in the project is evaluated.
  • If the company has not renewed the tender validity for another period, the company will be excluded from invitation for tenders in this specialization for 8 months as of the end date for renewal of the contract validity period.
  • If the contractor breaches the contracting conditions, he will be excluded for six months from that specialization until the performance evaluation report for the next period is received.
  • Excluding companies falling behind with completion by 20 % (percentage of actual completion or expected delay period) for a year when finally evaluating the performance of the project for. This exclusion will starts at the date of primary delivery of the project for the same specialization.
    • Data required from the contractor to be submitted with the registration application:

      • A copy of the latest modification of the memorandum of association
      • A copy of the classification certificate from the Central Tenders Committee (classification letter + contractor identification card)
      • A copy of the commercial register and the commercial license.
      • A copy of the employee civil cards (for the career service only). The card should be valid and guaranteed by the company).
      • An approved balance sheet for the past five years with bank statements (at least two banks) indicating the financial position of the consultative office.
      • An evaluation certificate or final or primary delivery certificate from the employer regarding the biggest five missions that were accomplished in the previous ten years.
      • A copy of the equipment ownership for the contractor (without cars).
      • A copy of all the works contracts under completion (under process).
      • Organizational structure of the company.
      • Printing and sealing the data provided on disks.
      Note: To contact the Consultant and Contractor Qualification Department, send an email to the following email address: cce@mpw.gov.kw
      For inquiries, please visit the main building of the Ministry of Public Works in South Surra, 3rd floor, Elevator 1-Documents and Contracts Department,
      Consultant and Contractor Qualification Section
      Tel: 25385520 – Internal number: 5202/5232 – Fax: 25384945