In a new episode of the program Salt of Speech, journalist Huda Mohamed hosted legal expert and member of the Tenders and Auctions Committee, Mohammad Rashid Al-Der’aa Al-Marri, in an in-depth conversation about one of the most important laws regulating economic life in Qatar: Law No. (24) of 2015 issuing the Law on the Regulation of Tenders and Auctions, and Cabinet Decision No. (16) of 2019 issuing its Executive Regulations.
The episode offered a rare opportunity to understand the law from a practical perspective, articulated by someone who has experienced its details from within technical, awarding, and oversight committees.
Mohammad Al-Der’aa has worked in tender committees for over two decades and documented his experience in his authoritative book Explanation of the Law Regulating Tenders and Auctions issued under Law No. 24 of 2015 and its Executive Regulations No. 16 of 2019 (2023), published by Dar Al-Watad.
The episode began by clarifying the concept of the administrative contract, which is concluded between a government entity and a natural or legal person to execute works or supply services or goods falling within the scope of the state. This type of contract is characterized by being under the jurisdiction of the administrative court.
As Al-Der’aa explained, this legal distinction is not theoretical; rather, it entails numerous obligations and guarantees aimed at protecting public funds and safeguarding the public interest.
In a detailed explanation of the tender process as regulated by Qatari law, Al-Der’aa noted that it begins with securing budgetary approval, followed by a contracting decision, the official announcement of the tender, receipt of bids, opening of technical and financial envelopes, and finally awarding and contract signing.
He emphasized that obtaining financial approval before initiating the tender is not a procedural formality but a legal necessity to protect government entities from overcommitment and to ensure the rights of bidding companies.
The guest also discussed the exceptions to the principle of public tendering, such as direct contracting, which the law allows under specific conditions, notably the presence of an exclusive agent, the impossibility of competition, or urgent necessity.
However, he stressed that this path must remain tightly regulated and not serve as a pretext to exclude competitors or circumvent fairness.
He further warned against some companies misusing the concept of a commercial agency without official endorsement from the Ministry of Commerce and Industry, underscoring the need to verify such claims to uphold transparency.
On the matter of oversight over the implementation of tenders and the spending of public funds, Al-Der’aa clarified that this responsibility is distributed across multiple levels: the State Audit Bureau, internal audit departments, the Public Prosecution, in addition to technical committees within each government entity.
He focused extensively on the serious implications of leaking the estimated contract value, considering it a major violation of the law that falls under Article 72 of the Qatari Penal Code, as it may undermine fair competition and create unfair opportunities.
On a practical note, Al-Der’aa directed his advice to companies, urging them to follow the Government Procurement Portal regularly, approach tenders seriously, and submit legal observations when needed.
He noted that some companies are quick to deem the process a failure after not winning one or two tenders, asserting that persistence and gradual development of a competitive record are the best ways to enter this vital sector.
He also praised the Qatari law, describing it as one of the most flexible and just legal frameworks in the Arab world, providing balanced guarantees to both government entities and suppliers.
The episode also carried a light human touch when the conversation shifted to the kitchen, where Huda Mohamed prepared a dish of Spaghetti Bolognese alongside her guest, evoking the classic Italian recipe from the city of Bologna. The recipe, rich in both simplicity and flavor, mirrored the law itself—combining theoretical complexity with practical precision.
