Public Procurement Lawyers
We help suppliers qualify and compete for government contracts, and challenge award decisions.
Overview
Dealing with government entities is governed by the Government Tenders and Procurement Law — a framework that differs from private contracting in almost every respect: how work is tendered, qualification requirements, grounds for excluding bids, variation and extension mechanics, and penalties. A supplier who treats it as an ordinary commercial contract falls into procedural breaches early.
We support suppliers and contractors with: reviewing the tender documents before submission, preparing the bid from a compliance perspective, grievances against exclusion or award decisions, and managing the contract after award — variations, extensions, payment certificates and penalties.
The point we press hardest is that grievance periods are very short and run from the date of notification. Many suppliers spend two weeks in friendly correspondence with the entity, then discover the period has expired and lose a right that was recoverable.
The legal framework
Public procurement has its own law, regulations and unified platform:
- The Government Tenders and Procurement Law and its implementing regulations
- The Etimad platform for tendering, submission and government contracting
- Pre-qualification and post-qualification rules for bidders
- Grievance procedures before the entity and the competent bodies
- Rules on penalties, extensions and amendment of government contracts
- Local content requirements and national product preference
Situations we handle
Reviewing the tender documents before bidding
Some conditions make performance loss-making at any price. Read them legally before pricing, not after.
A bid excluded on formal grounds
Many exclusions arise from a documentary deficiency that is curable, or challengeable if raised in time.
Challenging an award decision
The periods are short and decisive. Only a reasoned grievance supported by documents receives serious consideration.
Seeking an extension or variation
Amendment of government contracts is confined by defined limits. The request must rest on documented statutory grounds, not on an understanding.
Penalties and delayed payment certificates
We handle objections to penalties and claims for certificates within the statutory framework and with the required documentation.
Costly mistakes we see
- 1
Bidding without a legal read of the documents
Penalty, delivery and guarantee terms can make a project loss-making. The documents should be read legally before they are priced financially.
- 2
Missing the grievance deadline
Friendly correspondence does not stop time running. File the grievance within the period, then negotiate — not the reverse.
- 3
Incomplete required documents
Formal exclusion is the leading cause of losing tenders, and the easiest to avoid with a prior review.
- 4
Performing extra work without a formal variation
Government contracts do not accommodate verbal settlements. Work outside the contract scope may never be paid for.
How the procedure runs, step by step
The Government Tenders and Procurement Law sets out precisely how a tender is run and how an award decision is challenged, and its deadlines are very short.
- 1
Examine the tender documents before bidding
We review the qualification requirements, the bid bond format and the pricing conditions. A bid with a single documentary defect is excluded on technical grounds before the price is even opened, however competitive it is.
- 2
Prepare the technical and financial bids
We separate the two bids as the tender documents require and verify signatures, validity and the required contractor classification. Formal exclusion is the most common way tenders are lost and the easiest to avoid.
- 3
Follow bid opening and award
We track the bid opening minutes, the award decision, and the reasons for any exclusion. Requesting those reasons in writing is what a later challenge is built on.
- 4
Challenge the award decision
The challenge goes to the government entity within the short statutory period, then to the committee for reviewing bidders’ complaints. Missing the deadline extinguishes the right permanently even where the exclusion was wrong.
- 5
Contract administration after award
Variations, extensions of time, delay penalties and payment applications are all governed by the statute rather than by free agreement. We frame claims to the statute, because the government entity cannot depart from it even if it wanted to.
Documents we will ask you for
- The complete tender documents and specifications
- Commercial registration and the classification certificate
- The bid bond and bank guarantee letter
- The technical and financial bids as submitted
- The bid opening minutes and award decision
- Correspondence with the government entity
Fees and timelines
Reviewing tender documents and supporting bid preparation are offered at a fixed fee per tender. Grievance files are priced separately according to stage and the time available, and we always prioritise filing within the period.
On timing: document review takes two to five days. Preparing a grievance takes a few days, because the period itself is short. Determination of the grievance follows the competent body's own timetable.
Common questions
How long do we have to challenge an award?
The periods are short, run from notification of the decision, and are set by the regulations. Being occupied with friendly correspondence does not stop time running, which is why we file first and continue negotiating afterwards.
Can we challenge exclusion of our bid?
Yes, through a reasoned grievance supported by documents. Many exclusions rest on formal grounds that can be addressed if the challenge is filed within the prescribed time.
Can government contracts be amended?
Amendment is possible within limits set by the law and regulations, and requires a documented justification and the entity's approval. A verbal understanding with a project officer does not create an effective amendment.
What are the local content requirements?
The regime includes mechanisms preferring national products and local content depending on the tender. They affect bid evaluation and should be assessed before pricing.
How do we handle a government delay penalty?
By documenting delay attributable to the entity or to circumstances outside your control, and filing the objection within the statutory framework with dated documents and correspondence.
Do we need pre-qualification?
Some tenders require pre-qualification against technical and financial criteria. Bidding without meeting them ends in exclusion however good the offer, so it is checked first.
Will you review bids before submission?
Yes, on compliance and documentation: completeness, conformity with the tender conditions, and wording any reservations in a way that does not lead to exclusion.
What if the entity delays payment certificates?
The claim is pursued through the statutory channels with supporting documents. Documented follow-up is far more effective than informal correspondence, and we escalate within the framework where needed.
Related services
Administrative Lawyers
We represent individuals and companies before the administrative courts and in challenges to government decisions.
Construction & Engineering Lawyers
We act for owners, contractors and consultants on project contracts and disputes.
Legal Opinion Lawyers
We prepare written legal opinions you can rely on for a decision or submit to a counterparty.
Where we provide this service
We act for clients across every region of the Kingdom. Most stages run remotely, and we attend before the competent authority in your region when needed.