The Principle of Equal Opportunity for Executing Administrative Contracts According to the Saudi Government Tenders and Procurement Law "Rules and Exceptions"

Abstract

The principles guiding administrative contracts, along with the constitutional and foundational laws of nations, underscore the significance of equality and equal opportunity for all parties interacting with the administration. These principles are evident in various administrative frameworks in Saudi Arabia, particularly the 2019 Government Tenders and Procurement Law (GTPL). This law guarantees that all bidders receive fair and equal opportunities when bidding for administrative contracts. The introduction of various methods under the new GTPL, allowing administrative discretion within specific regulations, necessitated an evaluation of their adherence to the principle of equal opportunity. The study revealed that while several methods uphold this principle, others fall short, sometimes for valid reasons. Certain methods exhibited deficiencies in ensuring equal opportunities. Recognizing that excluding bids or bidders can undermine this principle, the research highlights legal and judicial safeguards to prevent unjust disqualifications. The study concludes with recommendations to better protect equal opportunities for all bidders seeking administrative contracts.