The Kuwaiti Entrepreneurship Association (KEA) has expressed its appreciation for recent legal judgments that have favored the owners of small and medium-sized enterprises (SMEs) who participated in government tenders through legitimate means.
In a press release, the association highlighted a ruling by the Court of Appeal that underlines the importance of enforcing Article 62 bis of the Tenders Law, reports Al-Rai daily.
This article “mandates the acceptance of bids submitted by SME owners as long as they meet the specifications and conditions, with prices not exceeding 20 percent above the lowest accepted bids.”
The association emphasized that government agencies cannot disregard awarding tenders to SME companies, particularly when the judiciary upholds the plaintiff’s right to both material and moral compensation, in addition to calling for the implementation of the ruling in favor of the plaintiff.
Furthermore, the association noted that the ongoing exclusion of SMEs by government agencies and the failure to adhere to legal provisions in government tenders exacerbates financial losses for the state in terms of legal compensation.
To mitigate these losses, it is imperative to carefully review the tenders and submitted proposals while ensuring that the rights of SME owners are respected, thereby preventing financial losses at the expense of public funds.