(Photo credit: Droodkin)
In December 2023, Professor Christopher Yukins of GW Law School joined Sue Arrowsmith KC (hon), Professor Emerita of Public Procurement Law and Policy at the University of Nottingham, and Tatjana Jankovic and Maya Bou Chebl of the International Anti-Corruption Academy (IACA), for training on anti-corruption strategies in public procurement in the Kingdom of Bahrain.
Resources
Tender Board
Manual for agency use, with step-by-step instructions and legal citations
Laws and Decrees
The following materials (and their descriptions) are excerpted from a Government of Bahrain website; the machine translations to English were added by the editor.
- Decree No. (37) of 2002 (English translation) With Respect to Promulgating the Implementing Regulations of the Law Regulating Government Tenders and Purchases. This law includes some amendments to the provisions of the executive regulations of the Law Regulating Government Tenders, Procurement and Sales to improve government procurement and sales procedures and apply transparent and fair standards in the bidding process.
- Legislative Decree No. (36) of 2002 (English translation) (26 pages) With Respect to Regulating Government Tenders and Purchases. The law includes a set of procedures and controls that must be followed in the government tendering and procurement process with the aim of ensuring the highest level of transparency and fairness and enhancing competition between suppliers and companies.
- Law No. (29) of 2010 (8 pages, Arabic only) (machine translation) amending certain provisions of Decree-Law No. (36). This law includes amendments to Decree-Law No. (36) of 2002 with respect to the regulation of government tenders and procurement.
- Decision No. (1) for 2010 (PDF, 717 KB, 8 Pages, Arabic) (machine translation) concerning the criteria for the comparison of bids. The decision includes a set of criteria that must be followed when evaluating the various bids received within the framework of the competition process in government procurement. The resolution also specifies the methods of calculating the scores of each of these criteria, so that the best bid is selected based on a specific grading system.
- Decision No. (1) for 2015 (PDF, 91 KB, 4 Pages, Arabic) (machine translation) concerning the tender procedures. The decision includes procedures for tenders, auctions, purchases, and internal government sales, as it aims to improve the quality of procurement and reduce corruption in these processes. Among the procedures specified in the resolution are supplier qualification requirements, procurement contract conditions, as well as controls to ensure that proposals are evaluated and arbitrated effectively.
- Decision No. (1) for 2017 (PDF, 650 KB, 2 Pages, Arabic) (machine translation) concerning fees for purchasing tender documents and the value of prequalification documents. The decision includes determining the value of these documents, which contractors must pay to the relevant authorities before submitting their bids in government tenders. The decision also specifies the mechanism for determining the value of these documents and the procedures to be taken in case these fees are not paid.
- Prime Minister’s Decision No. (36) of 2018 (PDF, 132KB, 4 pages, Arabic only) (machine translation) regulating technical requirements for sending, receiving, and updating electronic records and signatures for public entities. The decision includes a set of technical requirements that government agencies must observe in electronic transactions, whether within the Kingdom of Bahrain or abroad.
- Decree No. (54) of 2018 (PDF, 210KB, 20 pages, Arabic) (English translation) issuing the Law on Electronic Communications and Transactions. This law expanded on a previously repealed law, adding to the range of transactions that may be carried out electronically. It also created an advanced and safe economic environment for internet transactions, in line with recent technological and legal developments.
- Decision No. (1) for 2020 (PDF, 5,929 KB, 14 Pages, Arabic) (machine translation) concerning the prequalification of suppliers and contractors. The decision includes procedures for determining the required qualification standards for suppliers and contractors and conducting a comprehensive evaluation process for these institutions. The decision also includes measures to improve the quality of services provided by suppliers and contractors, and to ensure the availability of materials and services on time.
- Decree No. (84) of 2021 (PDF, 179KB, 10 pages, Arabic) (machine translation) amending some provisions of the Executive Regulations of the Law Regulating Government Tenders and Procurement. This law includes amendments to Decree No. (37) of 2002 With Respect to Promulgating the Implementing Regulations of the Law Regulating Government Tenders, Procurement and Sales.
Forms
- Tender Board Form 1: Used for explaining choice of tendering method and explaining which vendors are selected.
Special thanks to Muneera Al Khalifa, SJD (doctoral) candidate at George Washington University Law School, for her assistance in gathering resources on Bahraini procurement and in translating key materials into Arabic.
Other Resources
- Aly Abdou, Olivier Basdevant, Elizabeth David-Barrett & Mihaly Fazekas, Assessing Vulnerabilities to Corruption in Public Procurement and Their Price Impact (IMF 2022)
- Background paper on legislation and institutions to counter corruption in Bahrain (2023)
- GAN Integrity, Bahrain Risk Report (2020) (assessing procurement corruption risk in Bahrain)
- Muneera Al Khalifa, Presentation on Public Procurement and Innovation in Bahrain (2023)
- U.S. Department of State, 2021 Investment Climate Statements: Bahrain (“Senior GOB officials have advocated publicly to reduce corruption. Legislation regulating corruption is outlined in Bahrain’s Economic Vision 2030 and National Anti-Corruption Strategy. Bahrain joined the United Nations Convention Against Corruption (UNCAC) in 2003. Bahrain ratified its penal code on combatting bribery in the public and private sectors in 2008, mandating criminal penalties for official corruption. Under law, GOB employees are subject to prosecution and punishments of up to 10 years imprisonment if they use their positions to engage in embezzlement or bribery, either directly or indirectly. The law does not require GOB officials to make financial disclosures. In 2010, Bahrain ratified the UNCAC and the Arab Convention Against Corruption, and in 2016, joined the International Anti-Corruption Academy.”)
- United Nations Convention Against Corruption (2005) (Article 9 addresses procurement) (Arabic)
- UNODC, Guidebook on anti-corruption in public procurement and the management of public finances (2013) (addresses good practices in ensuring compliance with article 9 of the United Nations Convention against Corruption)
Materials for Training
Slides for Training (English) (Arabic) – شرائح للتدريب
Mock solicitation for reverse auction – التماس وهمية للمزاد العكسي (Dec. 5) (English) (Arabic – machine translation – العربية – ترجمة آلية)
Compliance exercise – ممارسة الامتثال (Dec. 7) (English) (Arabic – machine translation – العربية – ترجمة آلية) – group exercise details (Arabic)