Principles of administrative contracting through public tenders and guarantees of their achievement, a comparative study between the Kuwaiti and Egyptian laws.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Public tenders are one of the most prominent methods used in administrative contracting, as they offer a range of important benefits. Thanks to the principles of free competition and equality, tenders help protect public funds, enabling the Department to choose the most suitable contractor to meet its needs for goods, services or works with high quality and lowest cost. This, in turn, contributes to the public interest. The laws related to public tenders in different countries indicate the procedures and standards that the administration must adhere to when resorting to this type of contracting. In Kuwait, the Public Tenders Law, promulgated by Law No. 49 of 2016 and amended by Law No. 74 of 2019, regulates most of the legal rules for tenders. While in Egypt, this field is regulated under the Contracting Law, which was issued by Law No. 182 of 2018 and amended by Law No. 188 of 2020, in addition to its executive regulations issued by the Ministry of Finance in Resolution No. 692 of 2019.

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