The Legal Basis for Procurement Committees under Administrative Contracts Regulation No. (563) of 2007 and Its Supplementary Regulations

Abstract

From a legal perspective; and under the Administrative Contracts Regulation No. (563) of 2007; there are only two embryos for concluding government contracts, namely: the Tender Committee and the Direct Assignment Committee, but the practical reality has produced other contracting committees; known as the Purchasing Committee; in light of the work of the Tender and Direct Assignment Committees taking up all the contracting methods specified by law; we ultimately concluded that this committee is nothing but a committee specialized in contracting by direct assignment; in one case of direct assignment, which is the case of providing necessary purchases.

After that, many amendments followed, some of which made the purchasing committees illegal, and some of which made the basis for their existence administrative custom, to end up organizing them explicitly under the decision of the Council of Ministers of the Government of National Unity No. (12) of 2023 AD, and we concluded that the multiplicity of government contracting committees is devoid of any basis or realistic or logical justification that justifies this multiplicity; which prompted us to propose entrusting all contracting methods to a single committee.