GCC Tender Alerts

Saudi local content rules in government tenders

Saudi Arabia’s Government Tenders and Procurement Law gives priority to local small and medium-sized enterprises, local content and companies listed in the Capital Market, and leaves the method to a separate regulation. [2] This guide explains that regulation, Council of Ministers Resolution No. 245 of 26 November 2019, from the Ministry of Finance’s English translation. [1]

The short version

  1. Mandatory list: bids that do not comply with the national products mandatory list are excluded from supply tenders and from mixed tenders that include supply items. [1]
  2. National products: in all contracts, the price of a foreign product is treated as 10% higher than the price in the bid documents, unless the tender documents state a higher agreed percentage. [1]
  3. Local SMEs: in contracts that are not high-value, except supply contracts, the bid prices of other establishments are treated as 10% higher than stated. [1]
  4. Local content score: in high-value contracts, except supply contracts, the financial evaluation weighs price at 60% and local content plus Capital Market listing at 40%. [1]
  5. Minimum local content: where this mechanism applies, a targeted local content percentage below the minimum in the tender documents means disqualification at the technical evaluation phase. [1]

Where the rules come from

Article 9 of the Government Tenders and Procurement Law (GTPL) says priority shall be given to local small- and medium-sized enterprises, local content and companies listed in the Capital Market. [2] The regulations referred to in Article 96(3) determine the manner of prioritization. [2]

Article 96(3) calls for a regulation covering methods for prioritizing local content, a method for prioritizing local SMEs and listed companies, and fines on contractors who fail to comply with local content requirements. [2]

Under Article 4 of the resulting Regulations, a government agency tendering projects and procurements must comply with the mandatory list and grant local SMEs a price preference. [1] It must also adopt three local content mechanisms: the national product price preference, the local content weight in financial evaluation, and minimum local content requirements. [1]

LCGPA is the Local Content and Government Procurement Authority and EXPRO is the Expenditure Efficiency and Projects Authority. The amount of a high-value contract is determined by LCGPA in agreement with EXPRO. [1]

Key terms

The mandatory list

National product preference

Article 10 applies this mechanism in all contracts to national products that are not on the mandatory list. [1] A national product gets a price preference by assuming that the price of a foreign product is 10% higher than the price in the bid documents. LCGPA and EXPRO may agree to increase that percentage, provided the adjusted percentage is stated in the tender documents. [1]

In supply tenders, the financial evaluation uses the adjusted bid value: bid price (in riyals) + 10% × bid price (in riyals) × (1 − share of national products). [1]

Local content weight in the financial evaluation

This mechanism applies to high-value contracts, except supply contracts. A bid that passes the technical evaluation is scored with a 60% weight on price and a 40% weight on the baseline, the targeted local content percentage and whether the company is listed in the Capital Market. [1]

The Article 17 formula: (price of the lowest technically qualified bid ÷ price of the bid under evaluation) × 60% + (targeted local content percentage × 50% + baseline × 50% + 5% for a listed company) × 40%. LCGPA and EXPRO may increase the weight of the non-price elements. [1]

The bid with the highest evaluation wins, provided its price is no more than 10% above the lowest technically qualified bid; if the difference is larger, the award goes to the second-highest evaluation. A higher percentage agreed by LCGPA and EXPRO must be stated in the tender documents. [1]

LCGPA may also set a minimum local content baseline for projects it designates. A bidder must then show its baseline in the technical bid, and a bidder below the minimum is disqualified at the technical evaluation phase. [1]

LCGPA can extend this mechanism to supply contracts and to contracts that are not high-value. In those cases the agency uses the adjusted bid value after the national product or local SME preference. [1]

Minimum local content requirements

For high-value contracts designated by LCGPA in agreement with EXPRO, except supply contracts, the government agency studies and proposes a minimum local content level, which the Unified Procurement Agency approves in coordination with LCGPA. [1]

The bidder submits its targeted local content percentage with the technical bid, using the designated form on the local content portal. A target below the minimum stated in the tender documents means disqualification at the technical evaluation phase. [1]

Local SMEs

After award: plans, reports, fines

Practical tips

Questions

Do Saudi local content rules apply to foreign companies?

The national product preference depends on where a product is made: a national product is any product manufactured in the Kingdom. The local SME preference is narrower and covers enterprises of which 50% or more of the capital is owned by Saudi citizens. [1]

What is the LCGPA mandatory list?

A list of national products issued and updated regularly by LCGPA. Bids that do not comply with it are excluded from supply tenders or mixed tenders that include supply items. [1]

How big is the national product price preference?

The Regulations assume the price of a foreign product is 10% higher than the price in the bid documents. LCGPA and EXPRO may agree a higher percentage, which must be stated in the tender documents. [1]

Which tenders use the local content score?

High-value contracts other than supply contracts, plus supply contracts and other projects that LCGPA designates. Price carries 60% of the financial evaluation and local content and Capital Market listing carry 40%. [1]

What happens if a contractor misses its local content target?

If the difference between targeted and reached local content exceeds 5%, the agency can impose a fine not exceeding 10% of the contract value. If the difference exceeds 15%, the violations committee may ban the contractor or lower its classification. [1]

Who decides which contracts are high-value?

LCGPA, in agreement with EXPRO, determines the amount of a high-value contract for the purposes of the Regulations. [1]

Sources

  1. Regulations on Preference for Local Content and Local SMEs and Companies Listed on the Capital Market in Business and Procurement Transactions (MoF English PDF)
  2. Saudi Government Tenders and Procurement Law (MoF English PDF)

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