Article 28 of the Saudi Government Tenders and Procurement Law

المادة 28 من نظام المنافسات والمشتريات الحكومية · الفصل الأول: المنافسة العامة

The article makes the public tender the standard method for putting out all government works and procurement, except what is excepted under the Law's provisions.

Official text (Arabic)

This article has not been amended since the law was issued.

تطرح جميع الأعمال والمشتريات في منافسة عامة عدا ما يستثنى منها بموجب أحكام النظام.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 28 explained in plain English

This article sets the basic rule on the method of putting out: all works and procurement are put out in a public tender.

The exception: Only what is excepted under the Law's provisions is excluded. A departure from the public tender is not permitted except in a case provided for by the Law itself.

What does this mean in practice?

The rule for any government work or purchase is that it is put out in a public tender.
Other methods are exceptions and are used only if the case provided for by the Law exists.
Anyone claiming that a departure from the public tender is permitted must rely on a provision of the Law.

Relation to other articles:

Article 29 provides that a public tender is announced on the portal as the Implementing Regulations explain, and that the Implementing Regulations set the means of announcement if that is not possible for technical reasons.
Article 27 allows bids to be accepted jointly as the Implementing Regulations explain.

This article does not list the excepted cases but refers to what the Law provides. A competitor who believes work was put out without a public tender and without a basis may consult a lawyer who specializes in government contracts and administrative disputes.

Practical example

A government entity in Buraydah needs cleaning services for its buildings for one year, and its director considered inviting only two companies he knows. Under this article, the rule is that the work is put out in a public tender, and it may be departed from only if a case that the Law excepts exists.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

How we write and review content

A question about Article 28 of Government Tenders and Procurement Law?

Describe what happened and specialist lawyers answer. You can write in English.