Dispute Resolution Relating To Tenders And Administrative Contracts

• Law Firm: Sultan Al-Abdulla & Partners
• Subject Matter: Government, Public Sector, Litigation, Mediation & Arbitration, Government Contracts, Procurement & PPP, Arbitration & Dispute Resolution
• Author: Mohamed Fouad and Rana ElBashir
• Published date: 17 January 2023

The complexity of the procedural, technical and substantive issues related to the procurement and performance of obligations by contractors contracting with the government requires different dispute resolution procedures depending on when a dispute arises and the nature of the contract.

Disputes arising between bidders and the government during the bidding stage but before a contract is concluded, and disputes arising after the execution of the contract, have two different dispute resolution procedures according to law. Specifically, Law No. 24 of 2015 Regulating Tenders and Bids ("Tender Law") sets out the framework and requirements governing tenders and bids offered by ministries, government bodies, authorities and public institutions in Qatar. Comprehensive executive regulations were subsequently enacted by virtue of Council of Ministers Decision No. 16 of 2019 ("Executive Regulations").

Disputes related to the tender process prior to executing the contract

The Tender Law established a committee that is responsible for resolving disputes between a bidder and the government during the bidding stage ("Disputes Settlement Committee"). Examples of such disputes include those involving the provision of temporary bid bonds, challenging decisions to disqualify a bidder from participating in a tender, or challenging the classification category of a contractor.

The Disputes Settlement Committee is a semi-judicial committee operating under the Ministry of Finance. It is chaired by a Chief Judge of the Court of First Instance, who is supported by two other professional members. Its members perform a judicial function and have the authority to issue binding decisions and to enforce those decisions.

To submit a claim before the Disputes Settlement Committee, a bidder must submit its claim within 30 days from the date of the occurrence of the disputed action by the government, or 30 days from the date on which the bidder became aware of the disputed action. The Disputes Settlement Committee then schedules hearings, as needed, to hear the parties' claims and defenses, ultimately issuing a decision within a maximum period of two months from the filing date. The decision of the Disputes Settlement Committee is immediately enforceable.

Decisions of the Disputes Settlement Committee may be appealed before the Administrative Circuit of the Court of Appeal within 30 days of the date the bidder became aware of the decision. Bidders must carefully observe the limitation...