How do public tenders work in Kuwait?

Law and buyers

Kuwait is not an EU member. Public procurement follows Law No. (49) of 2016 on Public Tenders and its Executive Regulations, amended by Law No. (74) of 2019, Law No. (1) of 2024 and Law No. (94) of 2026, which was published on 27 September 2026 and takes effect three months later. The Central Agency for Public Tenders (CAPT) runs tenders for ministries, public authorities and state companies above the direct contracting limit, through its board and committees, and keeps the registers of suppliers, contractors and consultants. Below the limit, public entities may buy directly. Under the 2026 amendment, CAPT oversees domestic purchases of Kuwait Petroleum Corporation and its wholly owned subsidiaries only above KWD 20 million; smaller ones go through KPC's own purchase committees.[1][2][4][6]

Where tenders are published

CAPT announces tenders, at the request of the buying entity, in the official gazette Kuwait Al-Youm and on its website (capt.gov.kw), which also lists open and closing tenders, pre-qualifications, winning bids and postponements. Government entities must publish annual procurement plans and a schedule of upcoming tenders and pre-qualifications at least 90 days before launch. Tender documents are bought from CAPT for a fee stated in the announcement, and bids are delivered to CAPT. Bidders must be registered in CAPT's register of suppliers or contractors, or of consultants, according to the type of tender; CAPT has separate registration routes for local and foreign companies.[2][7][8]

Procedures and thresholds

The main methods are the public tender, the limited tender, the practice (ممارسة, a negotiated procedure) and direct contracting, with pre-qualification used for complex works. Until Law No. 94 of 2026 takes effect, entities may contract without CAPT approval up to KWD 75,000 per financial year for the same items or works; the amendment raises this to KWD 1 million. Splitting a contract to stay under the limit is prohibited. A tender may be limited to national companies for standard works with enough local capacity, or to foreign companies when specialised expertise is needed. National products get priority in supply tenders, and from the 2026 amendment SME bidders within 10% of the lowest accepted bid must be awarded the contract, though not combined with the national product rule in the same tender.[2][4][6]

Documents and language

Under the law, bidders must be registered in the commercial register and in CAPT's relevant register; foreign bidders are allowed and are exempted from the Commercial Code's local agent rules when bidding. Technical and financial offers go in two sealed envelopes. Each bid includes a bid bond of 1% to 5% of the estimated value, set in the tender conditions, as a certified cheque or bank guarantee from a bank approved in Kuwait; bids without it are not considered. The winner provides a performance bond of at least 10% of the contract value. The law lists cases where the announcement must also appear in at least one foreign language alongside Arabic; check each tender for the bid language and required certificates.[2][3][7]

Deadlines, award and challenges

CAPT sets an appropriate bid period from the date of announcement in the official gazette, so deadlines differ per tender. Bids may remain valid for at most 90 days after opening, and the award and contract signature should follow within three months of the closing date. In supply tenders, a national product that meets the specifications must be awarded if its price is no more than 15% above the lowest comparable imported offer. Complaints go in writing to the head of the buying entity or of CAPT within seven days of publication or notification of the decision, and are decided within seven working days. Decisions of the CAPT board can be challenged within seven working days before the Grievances Committee attached to the Council of Ministers, and the administrative courts hear tender disputes.[2][3]

How to win a tender in Kuwait

In Kuwait, price usually decides. Under Law No. 49 of 2016 on Public Tenders, the Central Agency for Public Tenders (CAPT) awards to the lowest total price that complies with the tender documents. For complex, high-value tenders with separate technical and financial envelopes, the award goes to the technically compliant bid with the lowest cost after evaluating both, and financial envelopes of rejected technical bids are returned unopened. Your technical bid is therefore a pass-or-fail exercise: follow the specifications and formats exactly. National products that meet the specifications win supply tenders if they are no more than 15% dearer, and foreign contractors must buy and subcontract at least 30% locally. CAPT may reject a much lower bid only after asking you in writing to explain its price elements, and arithmetic errors above 5% of the total can exclude a bid. Watch the CAPT notices page, where clarifications and postponements appear. CAPT publishes the reasons for award, cancellation and exclusion decisions in the official gazette and on its website, which also helps you study past winners. Complaints go to CAPT or the buyer within seven days.[2][6][8]

1. Register and classify with CAPT in the right category before the tender is announced.
2. Meet every technical specification exactly; the technical envelope is a gate.
3. Price carefully and recheck arithmetic; errors above 5% can exclude your bid.
4. Plan the 30% local purchasing and subcontracting share for foreign contractors.
5. Read published award reasons and complain within seven days if needed.

Clarification round: Clarifications and addenda (CAPT notices)

Tips for bidders

Register with CAPT well before you need to bid, since bids are only accepted from registered suppliers, contractors or consultants. Plan for the local content rule: foreign contractors must buy at least 30% of products from national industry or local registered suppliers and subcontract at least 30% of the works to local registered contractors; the 2026 amendment extends this to local contractors too, ties the product share to the Public Authority for Industry's Industrial Guide and reserves part of the subcontracting share for SMEs. Do not build your bid around a commission agent: Law No. 94 of 2026 prohibits local and commission agents in public contracting. Keep an eye on the CAPT notices page, as postponements and clarifications are published there.[2][4][6][7]

Platforms in Kuwait

This country does not publish on TED, so there are no shares. These are the platforms from our market map, public ones first.

• Central Agency for Public Tenders (CAPT)

  CAPT registers, classifies and qualifies contractors and suppliers for most ministries; register early, as Arabic translations and verification can take months.

  Website

Frequently asked questions

Sources

1. CAPT: Tenders laws page (Law No. 49 of 2016, amendments, executive regulations)
2. Law No. (49) of 2016 on Public Tenders, Kuwait Al-Youm issue 1299 (Arabic, CAPT)
3. Executive Regulations of the Public Tenders Law (Arabic, CAPT)
4. Law No. (94) of 2026 amending Law No. (49) of 2016 (Arabic, CAPT)
5. Law No. (1) of 2024 (Arabic, CAPT)
6. Al Tamimi & Company: Kuwait amends the Public Tenders Law (Law No. 94 of 2026)
7. CAPT: Contractors registration rules
8. CAPT: open tenders and notices

Checked on 15 October 2026. Made by TenderRender from official sources. Not legal advice: check the notice and documents of each tender.

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