RESTRICTEDWORLD TRADE
ORGANIZATIONGPA/W/124
5 December 2000
(00-5272)
Committee on Government Procurement Original:  English
CHECKLIST OF ISSUES FOR PROVISION OF INFORMATION RELATING TO
ACCESSION TO THE AGREEMENT ON GOVERNMENT PROCUREMENT
Replies by Jordan
The following communication, dated 23 November 2000, has been received from the
Permanent Mission of the Hashemite Kingdom of Jordan with the request that it be circulated toParties.
_______________
Introduction
1. The Government Procurement Regime in Jordan is governed primarily by two Main
Legislation:  The Government Works Regulation No. 71 of 1986, issued pursuant to Articles 114
and 120 of the Constitution and the Supplies Regulation No. 32 of 1993, issued pursuant to
Article 114 of the Constitution, and the instructions issued pursuant thereto, hereinafter referred to as
"National Procurement Legislation".  The two central procuring entities implementing these
regulations are the Government Tenders Directorate (GTD) of the Ministry of Public Works and
Housing and the General Supplies Departme nt (GSD) of the Ministry of Finance.
2. The two regulations are the default authority for all government procurement of construction
and engineering (technical) services and supplies respectively.  Article 3 of Supplies Regulation
provides that "this Regulation shall apply to all government entities whose budget is part of the
Central Government Budget, and to all governme nt entities which do not have a special supplies
regulation, as well as to all government entities the Cabinet deems to be subject to this legislation".
Article 31 of the Government Works Regulation provides that:  "the provisions of this Regulation
shall apply to all entities except:  the Armed Forces, Public Security Department, Amman
Municipality, Municipalities and Rural Councils, and Jordanian universities".
3. At present, many government entities whose budg ets are part of the General Budget, such as
municipalities and government departments and directorates, have their own procurement regulations.
Procurement by municipalities and rural councils is governed by Municipalities and Rural Council
Supplies and Works Regulation No. 55 of 1989, issued pursuant to Article 59 of the Municipalities
Law No. 29 of 1955, and the Administration of Rural Council's Law No. 5 of 1924.  Amman
Municipality, however, has its own procurement regulation.
4. Moreover, some government departments and directorates have their own special
procurement legislation.  Many of the government corporations (which enjoy financial and
administrative autonomy) self refer in their laws to the Main procurement legislation, while a few
such entities have special legislation governing their own procurement.  As an exception to the
general tendency for government entities to refer to the main regulations in the absence of specialGPA/W/124
Page 2
legislation, some entities such as state universities refer to the procurement legislation of a similar key
institution, i.e., the university of Jordan, rather than central government procurement regulation.
5. Although the government procurement regime in Jordan is not governed by a single general
legislation, government procurement methods and principals contained in the various procurement
legislation are to a large extent uniform.  As this Checklist will point out, there are no majorsubstantial inconsistencies between the provisions in the Main two government regulations and the
procurement provisions in special procurement regulations.  Although not mandated by law, in
practice the Main procurement regulations have served as model legislation for special procurement
legislation adopted by various departments and entities.  This conclusion is based on an examination
of the content of the special legislation in comparison with the Main procurement legislation.
6. For the purposes of this Checklist, the majority of the questions are answered in accordance
with the two Main regulations for the reasons indica ted above.  Nonetheless, the differences, if any,
are indicated when necessary and referred to other applicable legislation in accordance with each
question.  The scope of supplies covered by the Supplies Regulation No. 32 of 1993 covers both
supplies of goods and services except engineering consultancy services (technical services) that are
covered by the Government Works Regulation No. 71 of 1986 that also covers works (constructions).
7. With respect to the need for training or other capacity-building efforts relating to the items of
the Checklist, Jordan will be submitting its needs for technical assistance at a later stage.GPA/W/124
Page 3
I. LEGAL FRAMEWORK
1. Is there a single central law on procurement?  If so, please specify?
The government procurement regime in Jordan is not governed by a single central law.
2. What are the other laws, regulations, decrees, administrative rulings, decisions, policy
guidelines and other instruments governing government procurement?  Please provide a summary of
the subject areas dealt with by each of these instrume nts.  Please also explain the main differences (if
any) that exist between their application at the central and sub-central levels of government and at
other types of entities.
Schedule (1)
Central and Sub-Central Level
Title Number and Date Description
Property Lease for
Government
Purposes RegulationNo. 70 for the year
1973Regulates property leasing by ministries,
governmental agencies and public
establishments.
Government WorksRegulationNo. 71 for the year
19861. Regulates governmental works and
engineering (technical) services.
2. Sets out the jurisdiction and
competence of the Government TendersDirectorate.
3. This regulation entitles the Government
Tenders Directorate to follow up on the
classification and qualification of contractors
and qualification of consultants in coordinationwith the competent entities and maintain
information pertaining to such and to their
activities.
This regulation applies to all
governmental entities except the armed forces,public security department, Amman's
municipality, local government councils, and
public universities.
ConstructionContractors LawNo. 13 for the year
19871. Sets out Contractor's registration
requirements of the Contractors' Association.
2. Regulates the Construction Contractors'
Association.
Standard WorksContract – Part (1)General Rules,
Part (2) Special
RulesStandardized contract for all works projects.
Qualification
Instructions for
Engineering/
Architectural Firmsand Consulting FirmsFor the year 1996 1. Sets out types of qualification and
qualification procedures thereof.
2. Sets out the qualification basis which
include:  specialties of these firms, expertise,technical staff, and its equipment according to
special appendices prepared for this purpose.GPA/W/124
Page 4
Title Number and Date Description
Classification
Instructions for
Construction
ContractorsFor the year 2000 1. Sets out classification rules,
requirements and procedures including the
jurisdiction and competence of the
Classification Committee.
2. Entitles the Minister of Public Works
and Housing to specify the various rules thatapply to each class of contractors such as
limitations on the amount and or the number of
projects that each class can participate in at the
same time.
Amman'sMunicipality
Supplies and WorksRegulationNo. 12 for the year
19881. Regulates supplies and works
procurement procedures including rules of
tendering, receiving, paying, and selling ofsupplies.
2. Regulates works procedures, e.g. direct
execution and tendering procedures.
General Instructionsfor Amman's
Municipality Works
and Supplies
TenderingRegulates documentation of tenders
including invitation notices, submission, receipt,
opening, consideration and awarding of
contracts.
Public SecurityConsumer's
Cooperative
RegulationNo. 84 for the year
19741. Aims to enable the beneficiaries (Public
Security Employees) to procure food and other
supplies at a convenient rate.  It creates a special
Board empowered to decide the types and
methods of procuring these supplies.
2. Procuring is governed by a Supplies
Regulation and is executed through Tenders
Committees or Procuring Committees.3. The Cooperative may procure these
supplies from domestic as well as foreign
suppliers.
Public SecuritySupplies InstructionsNo. 1 for the year
19961. Sets out the general conditions for
entering into a tender and contracting with
Contractors, e.g., bid bonds, performance
guarantees.2. Sets out tender procedures, i.e.,
invitation, opening, receiving and awarding of
tenders, in addition to penal conditions.
Municipalities andRural Councils'
Supplies and Works
RegulationNo. 25 for the year
19891. Regulates local government councils'
procurement procedures, e.g., supplies'
procurement, receiving, distributing, selling…
2. Regulates works procurement, e.g.,formation of tenders committees.GPA/W/124
Page 5
Title Number and Date Description
Supplies Regulation No. 32 for the year
19931. Sets out the scope of application of its
rules.  It applies to all governmental entities
covered under the General Budget and to all
entities that do not have its own supplies
regulations and to any other entity as stipulated
by the Ministers' Council.2. Defines the General Supplies
Department jurisdiction and responsibilities and
specifies the general rules for supplies'
procurement including procuring from a foreign
supplier.
3. Sets out the rules for creating the
various tender committees under this regulation,e.g., Central Committee, Local Committee and
Special Committee.
4. Sets out tender procedures and rules,
e.g., receiving, warehousing…
Instructions ofTender Procedures
and Conditions ofParticipation and its
amendmentsNo. 1 for the year
19941. Sets out tendering procedures, e.g.,
invitation notices as well as identifies the
general conditions for participation ingovernmental tenders, i.e., bonds and
guarantees, invitation notices, submission,
opening, selecting and awarding of contracts.
2. Specifies the contractors' liabilities and
force majeure .
3. Sets out sampling and testing
procedures as well as supplies' receiving
procedures.
Instructions forPreparation of  the
Departments
SuppliesRequirements Lists
and Organization of
the Purchasing
Requests Related
TheretoNo. 2 for the year
1994Sets out the mechanism for preparing
the annual supplies requirement lists and the
preparation of the procurement orders thereof.
Instructions for
Administration andOrganization of
Government
Warehouses and
Stock ControlNo. 5 for the year
19941. Regulates government warehouses
management and warehousing procedures, e.g.,inventory testing and receiving.
2. Regulates inventory control and
inspection procedures.
Instructions for
Ministries and
GovernmentalAgencies Supplies
Procurement through
Ways other than
TenderingNo. 1 for the year
1995Regulates the entities' ability to procure supplies
through ways other than tendering, provided
that the value of these supplies does not exceedJD 5000.GPA/W/124
Page 6
Title Number and Date Description
Fiscal Regulation No. 3 for the year
1994Regulates the Government expenditures
including payments due as a result of a tender
awarding and sets out the prerequisites of
making any such payments thereof.
Fiscal Affairs
Implementation
InstructionsNo. 1 for the year
1995Specifies in detail the process of
implementing the rules included in the Fiscal
Regulation.
Municipalities FiscalRegulationNo. 4 for the year
1955Regulates the municipalities
expenditures rules including payments due as aresult of a procurement.
Municipalities andRural Councils'
Supplies and Works
RegulationNo. 55 for the year
1989Sets out the rules for supplies and
services and works procurement including
procurement procedures.
Rural Councils'
Fiscal RegulationNo. 34 for the year
1985Asserts the implementation of the
Municipalities Fiscal Regulation rules on
townships as well.
Government WorksTendering
InstructionsNo. 71 for the year
1987Sets out the tendering procedures and
participation conditions, e.g., invitation notices,
time-limits, tenders submission and opening,and awarding of contractors rules, as well as
contractors qualifications conditions.
High Committee for
ProcurementRegulationNo. 50 for the year
1994Provides for establishing a High Committee for
procurement entitled to oversee procurementprocedures of the various entities.  This
regulation is not implemented as such
Committee is not yet established.
Schedule (2)
Public Corporations
Name of
CorporationProcurement
LegislationNotes
Public Transport
Corporation- Supplies
Regulation No. 21
for the year 1980.
- No Constructions
Regulation.- The Supplies Regulation is issued in
accordance with Article 16 of the Public
Transport Corp Law No. 21 of 1975, which
was repealed.
- Article 16 of the Public Transport Corp.
Law No. 16 for the year 1985 requires the
issuance of a constructions reg.  It has not
been issued up to this date.GPA/W/124
Page 7
Name of
CorporationProcurement
LegislationNotes
Central Bank of
Jordan- Supplies
Regulation for the
Central Bank of
Jordan No. 8 of
1970 issuedpursuant to the
Central Bank of
Jordan Law No. 93
of 1966.
- No regulations for
construction
services.- Procurement of supplies is conducted in
accordance with the Supplies Reg. for the
CBJ.
- Construction services are conducted in
accordance with the GovernmentConstructions Regulation No. 71 of 1986.
The Ports
CorporationRegulation for the
Ports Corp. Supplies
and Works No. 77 of
1981- Issued pursuant to Article 15 of The Ports
Corp. Law No. 28 of 1978.  This Law has
been repealed.
- Article 15 of the new Law No. 36 of 1985
provides that the MC may issue regulations
to regulate procurement procedures.  No
such regulations have been issued up to thisdate.
- Supplies Reg. and the Govt. Works Reg.
apply pursuant to Articles 3 and 31
respectively (default provisions).
- Jordan Securities
Commission
- Depository
Center
- Amman Stock
Exchange- No construction
services regulation.
- Supplies
Regulation No. 93
of 1998.- Article 81 of the Securities Law No. 23 of
1997 provides that the MC may issue
regulations to regulate procurementprocedures.  No such regulations have been
issued up to this date.
- Construction services procurement is
conducted in accordance with the
Government Works Regulation No. 71 of1986.
Jordan UniversitySupplies and Works
RegulationNo. 21 for the year
1987
[each public university
has its own regulations
concerning supplies
and worksprocurement]Sets out the supplies and works rules
and procedures.
Jordan UniversitySupplies and Works
Regulation
Implementing
InstructionsSpecifies in detail the rules pertaining
to supplies and works procurement set out in
the Reg.GPA/W/124
Page 8
- The main differences that exist between their application at the central and sub-central
levels of government and at other types of entities.
Procurement procedures for municipalities and rural councils are governed by special
regulations, the Municipalities and Rural Councils Supplies and Works Regulation No. 55 for the year
1989.  The main differences between these procedures and the procedures followed by the centralgovernment entities pursuant to the Supplies Regulation and the Government Works Regulation are:
(a) One regulation governs the sub-central entities' procurement procedures in both
supplies and works.  Moreover, this regulation is issued pursuant to the
Municipalities Law whereas the Supplies Regulation and the Government Works
Regulation are issued pursuant to Articles 114, 120 of the Constitution respectively.
(b) Municipalities and rural councils follow the same procurement methods as central
government entities, i.e., open tendering, selective tendering, and limited tendering.Nonetheless, the Supplies Regulation provided four circumstances where selective
tendering may be used and nine circumstances where limited tendering may be used.
On the other hand, the Municipalities Regulation provided nine circumstances where
selective tendering may be used and four circumstances where limited tendering may
be used.
(c) There are some variances in relation to the amounts and the jurisdiction of
procurement committees thereof.
In conclusion, there are no substantial differences between procurement regulations at the
central and sub-central levels of government.
3. To what extent will the provisions of the Agreement be applied directly or need to be
transposed into the relevant law?  In the event of direct application of the Agreement over conflicting
provisions of domestic law, please indicate the relevant legal basis.
The most common practice is that after signing and acceding to an Agreement, the
Government of Jordan would refer such Agreement to the Parliament for ratification.  When ratified
by the Parliament, an Agreement passes as a Law.  Thereafter, the Parliament refers it to the King for
endorsement.  (Article 31 of the Constitution.)
In the event that the Agreement is passed as a Law, it shall be directly applicable and binding
to all entities that are subject to the Agreement.  Accordingly, the Government of Jordan will issue a
legislation that reflects Jordan's obligations under the Agreement on Government Procurement.
II. SCOPE AND COVERAGE
4. Please summarize the organization of the government in your country at each level.
Under the Jordanian Constitution H.M. the King is the head of all authorities:  the Executive
Authority, the Legislative Authority and the Judicial Authority.
The Executive Authority consists of the Prime Minister, the Council of Ministers and the
various Ministries and Government Departments (Cen tral Government).  At the sub-central level, it
consists of the various municipalities and rural councils.
The Legislative Authority consists of the Senate and the House of Deputies.  The Judicial
Authority consists of Religious, Special and Civil Courts.GPA/W/124
Page 9
5. Please list all central government entities (m inistries, departments, agencies, etc.) procuring
goods, services and construction services.
1. Ministry of Defense
2. Ministry of Interior
- Public Security Department
- Civil Defense Department
- Civil Status and Passports Department
3. Ministry of Justice
4. Ministry of Health
5. Ministry of Foreign Affairs6. Ministry of Industry and Trade
7. Ministry of Planning
- Statistics Department
8. Ministry of Municipal and Rural Affairs and the Environment
9. Ministry of Information
- Jordan News Agency
- Press and Publication Department
10. Ministry of Youth
11. Ministry of Tourism and Antiquities
- Antiquities Department
12. Ministry of Finance
- Customs Department
- Income Tax Department
- Budget Department
- Lands and Surveys Department- General Supplies Department
13. Ministry of Awqaf Islamic Affairs and Holy Places
14. Energy and Mineral Resources Ministry
15. Ministry of Culture
- National Library
16. Ministry of Agriculture
17. Ministry of Public Works and Housing
- Government Tenders Directorate
18. Ministry of Education
19. Ministry of Labor
20. Ministry of Social Development
21. Ministry of Water and Irrigation22. Ministry of Post and Telecommunication
23. Ministry of Transport
- Meteorological Department
6. What entities at the sub-central level of gover nment (states, provinces, municipalities, etc.)
procure goods and services?
In Jordan the main sub-central entities are municipalities and rural councils.  These entities
procure goods and supplies in accordance with the Municipalities and Rural Councils' Supplies and
Works Regulation No. 25 of 1989, except for Amman Municipality which has its own supplies and
constructions regulations.GPA/W/124
Page 10
7. Which are the enterprises owned or controlled by the government that are subject to the rules
on government procurement?  Which are the other entities or categories of entities (Annex 3-type of
entities) owned and controlled by the government that engage in procurement?  Specify.
Public corporations that have a special law which accords them financial and administrative
autonomy, such as:
- The Central Bank of Jordan
- Hedjaz Jordan Railway
- Social Security Corporation
- Telecommunications Regulatory Commission
- Jordan's Securities Commission- Postal Saving Fund
- Institute of Public Administration.
8. Do entities listed in response to questions 5, 6 and 7 apply in their procurement the main law
(if one exists), other legislation provided by the federal or central level of government or are theyautonomous from federal or central level of gover nment in their procurement rules and practices?
Where any of these entities are not subject to the main procurement law, please list the entities
concerned and indicate which laws, regulations, et c., they are subject to.  How will you government
ensure the implementation of the Agreement by such entities below the central/federal government
level?
Please see Schedules 1 and 2  in question 2 above.  Entities that are listed in question 7 above
and not listed in Schedule 2  in question 2 apply the National Procurement Legislation.
Entities below the central level of government are not autonomous from central state level
government in the implementation of the Agreement.  Once the Agreement is passed as a Law, it shall
be directly applicable and binding to all government entities that are subject to the Agreement.
9. Are there any general exceptions from the scope of application of the national procurement
rules, for instance for essential national defense or security reasons?  Please provide details.
Article 12(b) of the Military Supplies Regulation No. 3 for the year 1995 provides that the
Prime Minister, pursuant to a recommendation from the Chief of Staff may, in exceptional or
expeditious circumstances, form a special committee from at least three senior officers which may
procure supplies without applying the rules of the said Regulation.
Article 2 of the General Intelligence Department Supplies Regulation No. 84 for the year
1966 provides that all supplies' procurements for the Department shall be executed by committeesformed from the Intelligence Department and one representative from the Audit Bureau, except
"covert procurements" which shall be executed through the Intelligence Department officers only.
The General Intelligence Director decides whether procurements are covert or not and sets out the
procedures thereof, provided such procedures are accepted by the Prime Minister.
10. Please provide available statistics on the procurement by government entities in your country
in the last two years, including, to the extent av ailable, a breakdown by entity and by categories of
products and services.
Please see attached Schedules 1, 2 and 3.GPA/W/124
Page 11Schedule No. 1:  Volume of Procurements of Goods and S ervices Procured by the Central Procuring Entity (GSD)
Classified According to Types of Items
[Values in Million JD]
Year Medical
Supplies and
Their
AccessoriesMedical
Laboratories
EquipmentMedical
PrescriptionsVACCINATION Agricultural
Veterinary
SuppliesStationary
Publications
& StampsFurniture
&
UtensilsClothing
& textileCleaning &
Hospitality
ServicesInsurance
ServicesMaintenance &
Internal
Transportation
ServicesBatteries
& Oil &
GreacesTelecom
municatio
n
Equipme
ntComputers &
AccessoriesVehicles
Machines &
TiresOffice
Equipme
ntSupply &
Primary
MaterialsTOTAL
1995 7.000 5.500 12.900 0.620 0.400 3.700 1.700 0.270 7.900 2.750 0.714 0.495 8.00 2.440 5.870 5.490 5.640 71.380
1996 6.070 2.460 14.540 0.240 0.251 2.080 1.400 0.343 2.470 1.615 0.281 0.443 3.855 0.463 5.217 3.900 3.950 53.779
1997 2.562 4.970 21.030 0.550 0.750 2.131 2.540 0.737 9.625 1.016 0.710 0.807 5.117 1.882 4.466 3.466 3.469 65.828
1998 2.400 4.790 17.360 0.741 0.700 4.893 2.261 0.584 5.050 1.283 0.283 0.197 0.733 0.922 7.230 4.760 3.831 61.000
1999 4.170 5.069 19.499 0.267 0.247 1.819 1.755 0.672 7.302 0.972 0.236 0.197 2.515 1.249 2.905 2.858 3.439 55.541GPA/W/124
Page 12Schedule No. 2:  Volume of Procurements of Works and Engineering (Technical) Services Procured by the Central Procuring Entity (GTD)
in Different Fields of Works
[Values in Million JD]
Fields of Works
Year Roads Buildings Water Pipes and
SewageElectromechanics Infrastructure Other Works Total
1995 66.7 57.8 48.7 11.5 - 0.9 186
1996 11.4 40.4 48.5 12.7 - 3.1 116
1997 7.2 47.0 25.7 0.3 13.5 1.6 95
1998 7.0 77.0 89.6 0.6 0.4 1.8 176
1999 15.4 41.9 2.3 - - 2.7 62
Schedule No. 2 [Volume of Procurements of Works and Engineering (T echnical) Services Procured by the Central Procuring Entity ( GTD)
in Different Developmental Areas]
[Values in Million JD]
Developmental Areas
Year Transport Education Water Pipes
and SewageHealth Energy Housing Telecommuni
cations and
MediaDefense and
SecurityOthers Total
1995 68.3 11.9 53.9 1.6 0.6 7.5 13.7 0.0 28.2 186
1996 21.5 7.0 49.3 16.8 0.3 2.1 0.1 0.0 19.1 116
1997 13.8 30.1 35.7 2.2 2.4 1.8 0.7 0.0 0,8 95
1998 13.9 24.8 90.0 24.8 1.0 9.2 0.4 0.0 13.1 176
1999 35.7 5.3 7.3 1.3 - 0.2 2.8 0.3 9.3 62GPA/W/124
Page 13
III. NATIONAL TREATMENT AND NON-DISCRIMINATION
11. Identify the specific provisions in the legislation which reflect the national treatment and
non-discrimination commitments of Article III of the Agreement.
There are no explicit provisions in the National Procurement Legislation that reflect the
national treatment and non-discrimination commitments of Article III of the Government Procurement
Agreement.
12. Please provide details of any provisions in national legislation according domestic supplies
and suppliers treatment more favourable than that accorded to foreign supplies or suppliers or
according supplies or suppliers of any country more favourable treatment than those of any othercountry.
Supplies:
Under the Supplies Regulation No. 32 for the year 1993:
Article 12 provides that if specifications, quality degree, criteria and other conditions in the
supplies offered and required for purchasing, become equal, the concerned authority of purchasing
should consider:
(a) Giving priority to the supplies produced in Jordan, provided that their prices should
be calculated according to the preferential differential prices decided by the Cabinet.
(b) Giving priority to the supplies offered by the bidder residing in Jordan permanently.
Article 13 grants preference to suppliers from countries that have signed special protocols
and/or agreements with Jordan.
Works and Engineering (Technical) Services:
Regarding government works and engineering services according to the Government Works
Regulation No. 71 for the year 1986 and amendments thereof:
Article 6(d) of the Government Works Regulation No. 71 for the year 1986 stipulates that
when tendering for works and/or engineering services, only Jordanian contractors and consultants
may carry out any construction project and/or render engineering services thereto, provided they
satisfy the conditions stipulated in the tender.  However, if it was necessary to invite foreign
contractors and/or consultants, or if the project is financed by a foreign development loan, then the
rules of Construction Contractors Law and the rules of the Jordan Engineers Association shall apply.
Article 16(a)(1) of the Construction Contractors Law No. 13 for the year 1987 provides that
only Jordanian contractors may carry out any construction project.  In case of special-nature projects
however, it is permitted for foreign contractors to participate in executing these projects in joint
venture or consortia with their Jordanian counterparts.
Article 16(a)(2) permit the Diplomatic missions in  Jordan to construct and/or maintain their
official buildings through local or foreign contractors provided Jordanian missions are granted
reciprocal treatment.GPA/W/124
Page 14
Article 16(b) regulates the creation of a technical committee entitled to decide whether or not
a certain project is of "special-nature" and sets out the basis for foreign participation and the form of
such participation, and make recommendations to the Ministers' Council for final decision.
Article 16(c) permits foreign contractors to participate in executing projects financed by
foreign development loans in association with their local counterparts or individually if necessary.
Article 6(e) of the Government Works Regulation No. 71 for the year 1986 indicates that all
tenders shall provide for the usage of domestic products in all works, and stipulates however, that
such products shall meet the required standards, an d that the Jordanian Standards Rules shall be used
to compare between the various products.
13. Please provide details of any provisions in national legislation allowing a locally established
supplier to be treated less favourably than another locally established supplier on the basis of its
degree of foreign affiliation or ownership or di scriminating against locally established suppliers on
the basis of the country of production of the good or services being supplied.
Supplies:
There are no provisions in the Supplies Regulation No. 32 of the year 1993 that accord a
locally established supplier less favourable treatment based on the degree of foreign affiliation or
ownership in selecting or awarding contracts to such suppliers.
Works and Engineering (Technical) Services:
Article 17 of Contractors Classification Instructions of 1992 sets out the conditions for the
classification of Jordanian constructions companies affi liated with foreign companies.  It provides that
a Jordanian construction company affiliated with a foreign partner may only be classified upon
meeting the following requirements:
(1) The Jordanian partner shall meet at least 60 per cent of the classification conditions.(2) The classification conditions for the foreign partner shall be three-times those of the
Jordanian companies' requirements.  The foreign partner shall meet these conditionsas a prerequisite for classification.
(3) The company shall meet the classification requirements regarding the availability of
certain technical, administrative and financial capability in accordance with the
Instructions.  And that the foreign partne r's tools and equipment shall be continuously
and actually located in Jordan throughout the term of classification as well as the
foreign partner's engineers shall be registered with the Jordan EngineeringAssociation.
(4) The foreign partner shall transfer its share of the company's capital in hard currency
to Jordan.
14. Please specify to what extent, if at all, more favourable treatment is granted to any sectors of
the economy, regions or specific categories of suppliers or supplies.
There are no provisions in the National Procurement Legislation that award any sectors of the
economy or regions or specific categories of suppliers any favourable treatment in the selection oftenders.GPA/W/124
Page 15
15. Please specify any provisions requiring or allowing the use of offsets or measures with
similar effect, such as domestic content, licensing of technology, investment, counter-trade or similar
requirements in the qualification or selection of suppliers, products or services or in the evaluation of
tenders and award of contracts.
Supplies:
Article 18 of the Tenders Instructions No. 1 of 1994 issued in accordance with the Supplies
Regulation No. 32 of the year 1993 requires any tenderer to submit a vocational licence/professions
practicing permit that entitles the supplier to practice or deal with manufacturing, selling or supplying
the required supplies;  and a commercial register that details all the conditions stipulated by the
Ministry of Industry and Trade, as a pre-requisite to participate in any tender.  Accordingly, foreignsuppliers may only participate through local presence as a local agent, regional office or an
established Jordanian juridical entity.
Under Article 12 of the Supplies Regulation No. 32 of the year 1993 priority is given to
supplies produced in Jordan provided that thei r prices should be calculated according to the
preferential differential prices decided by the Cabinet.
Article 13 of the Supplies Regulation No. 32 for the year 1993 provides that in accordance
with the rules of this Regulation, the procurin g entity may procure goods and/or services in
accordance with the Commercial Protocols and Agreements signed between Jordan and other Arab orforeign countries or entities.
Works and Engineering (Technical) Services:
Under the Investment Promotion Regulation No. 1 of 1996 and the Jordanian Engineers
Association Law No. 15 of 1972 there is a 50 per cent foreign equity limitation in the construction and
engineering services sectors.  Any non-Jordanian contractor or engineering consultant willing to
establish a Jordanian entity may not own more than (50 per cent) in such entity.
However, Article 16(c) of the Construction Contractors Law No. 13 for the year 1987 and the
Jordanian Engineers Association Law No. 15 of 1972 provide that foreign contractors/engineering
firms may undertake projects in Jordan only through a joint venture or consortia with a Jordanianfirm.  Foreign engineering firms may participate only in projects which demand expertise and
knowledge not found in a Jordanian firm.  Foreign contractors may participate only in projects of a
special nature or in projects financed by foreign development loans.  Foreign contractors may
undertake projects financed by foreign development loans individually if so dictated by public
interest.
IV. ELEMENTS SPECIFIC TO PROCUREMENT PROCEDURES
16. Please provide a general description of your existing procurement methods and procedures,
including the main procurement methods used and a brief description of each method, and the extent
to which qualification of suppliers and open, selective and limited tendering for each level ofgovernment is used.
Supplies:
According to the Supplies Regulation No. 32 for the year 1993:Article 15 provides that the main procurement method shall be open tendering.  Yet it
permitted the following methods as well:GPA/W/124
Page 16
(A) Selective tendering in any of the following cases:
(1) In case of urgent emergency need for supplies difficult to expect or predict where
tender invitation is not possible.
(2) In case the number of sellers, producers or suppliers of such supplies did not exceed
three.
(3) If the value of the supplies required does not exceed (5,000) five thousand dinar.(4) If the number of offers is not sufficient or suitable, and the authority invited for the
tender is satisfied that it is necessary to purchase the supplies through requesting ofproposals.
(B) Limited tendering (direct purchasing of supplies by negotiation with sellers, producers and
suppliers) in any of the following cases:
(1) If the required supplies prices were determined by the official authorities.
(2) If the required supplies are needed to meet  an emergency case that it is not possible to
conduct tender invitation or requesting of proposals according to the request of the
concerned minister.
(3) If it is not possible to obtain the supplies except from one source only.(4) If the supplies required to be purchased are spare parts, or complementary parts or
tools that are not available in more than one source, with the same degree ofefficiency according to a technical report from specialists and experts.
(5) Purchasing scientific materials such as films and manuscripts and as such.(6) If the purpose of the supplies required is to unified the item in the department, or to
reduce variation therein, or to save possessing spare parts according to the concerned
Minister request.
(7) Purchasing services including maintenan ce, repair, replacement or testing provided
that the work volume shall not be known at the time of purchasing.
(8) If adequate offers can not be obtained through tender, requesting of proposal, the
prices are not reasonable, or the complete quantity of the supplies required can not be
obtained.
(9) If there is a legal text or international agreement stating that the supplies should be
purchased directly.
Article 14 permits purchasing supplies from ab road directly in the following two cases,
provided that the concerned authority in purchasing should justify its decision:
(1) If the required supplies are not available in Jordan, and it is not possible to purchase
them through correspondence.
(2) If the concerned authority in purchasing decided that purchasing such supplies
directly from abroad is to the interest of the Government.GPA/W/124
Page 17
Article 13 permits procurement pursuant to commercial protocols and/or agreements between
Jordan and other countries and/or entities.
Works and Engineering (Technical) Services:
According to the Government Works Regulation No. 71 for the year 1986:Article 5 provides that the main procurement methods shall be:  (1) Open tendering;
(2) Selective tendering;  (3) Limited tendering;  and (4) Direct execution.
Article 6 seems to suggest that the main procurement method shall be tendering, provided
however, that no invitations shall be made unless the funds for any project are already allocated.  Italso provides that the general policy shall be ensuring competition and providing a fair opportunity for
all qualified contractors.
Article 19 provides that in the event a tender was announced and no reasonable number of
suppliers applied, or the prices submitted were not reasonable, or the submitted tenders wereconditional or incomplete, the Tender Committee shall furnish a report in that regard to the competent
entity.  The competent entity may decide to re-announce the tender or seek limited tendering.
Article 20 sets out the circumstances where limited tendering may be utilised.  These
circumstances include the following:
(a) In case of exceptional and/or expeditious circumstances where tendering would not
be feasible.
(b) In case of unifying tools and equipment or reducing the variances of such, or in case
of reducing the obtainment of spare parts, or in case of curtailing the need ofexpertise in utilising such tools and/or equipment.
(c) In case of procuring spare parts or accessories or machines or tools or supplies that
are not available at more than one supplier at the same quality standards.
(d) In case of contracting on engineering services or providing scientific or specialized
professional services.
(e) In case of performing the works outside Jordan.
(f) If the supplier is a governmental entity or a scientific entity, or the prices were fixed
by the government, provided that a reasonable number of suppliers shall be invited if
possible.
17. Identify the provision in your country's legislation requiring non-discrimination as regards
the qualification of suppliers in terms of Article VIII and selection of suppliers in terms of Article X.
Indicate any exception to this requirement.  What are the provisions ensuring non-discriminatoryaccess of new suppliers to existing qualification lists?
Supplies:
There are no pre-qualification requirements in the Supplies Regulation No. 32 of 1993.
However, post-qualification is used in services tenders and some goods tenders such as computer and
communication systems.GPA/W/124
Page 18
Works and Engineering (Technical) Services:
Qualification measures are governed by the Government Works Regulation No. 71 for the
year 1986.
Article 4 requires the Government Tenders Directorate to oversee contractors and consultants
qualification process in coordination with other relevant entities.
Article 23(e) requires the Minister to issue construction contractors classification schedules
and publish them in the Official Gazette.
In addition, the Constructions Contractors Law No. 13 for the year 1987 regulates the
registration   requirements for contractors.
Article 3 requires all contractors to be licensed by the Ministry in order to be able to practice
in Jordan.  After fulfilling the licensure requirements,  contractors must register their companies, firms
or offices at the Ministry of Industry and Trade an d the Contractors' Association.  Article 4 provides
that contractors may not be classified until after licensure and registration with the Ministry and the
Association.
Construction Contractors Licensing Instructions for the year 1996 regulate the licensing
procedures.
Article 3 provides that contractors shall not practice their profession pursuant to licensing
until after fulfilling the classification procedures in accordance with the Constructions Contractors
Association Law.
Article 6 requires the applicant to meet the following qualifications as a pre-requisite for
licensure:  The applicant shall be:
(a) an Engineer registered in the Jordan Engineers Association;  or(b) must have a community college degree in the works field and have practiced in this
field for at least five years;  or
(c) a full-time partner who has previously worked in a classified constructions company
and was a founding partner for over two years before quitting.
The Engineering Offices and Consulting Companies Qualification Instructions for the year
1996 regulate qualification procedures for consulting offices.  Article 4 sets out these procedures as
follows:
(a) The Government Tenders Directorate shall announce in the newspapers for all
interested consultants to apply for qualification.
(b) Qualification shall be on a yearly basis.(c) When examining the qualification applications, previous performance and changes
that have occurred on the situation of the consultants must be taken into account.Consultants must notify the Directorate with any changes that occurs in their situation
within one month from the date of the change.
(d) Qualification decisions shall be posted at the bulletin board located in the Directorate.
Consultants may challenge these decisions within 30 days of the date of posting them.GPA/W/124
Page 19
(e) The Directorate may at any time ensure that the consultants still meet the
requirements.  The Directorate may review its decision in the event that a consultant
no longer fulfils these requirements.
There are different conditions and requirements for classification of Jordanian construction
companies with foreign affiliation as explained in question 13 above.
18. In situations where qualification procedures and selective tendering may be used, to what
extent do entities allow suppliers to become qualified during the procurement process?  To what
extent do entities maintain permanent lists of suppliers?
Supplies:
Although no qualification procedures are used, generally the central procuring entity (GSD)
maintains a list of suppliers who meet the requirements set out in Articles 18 and 24 of the Tenders
Instructions No. 1 of the year 1994 (i.e. vocational li cence, required data and documents that show the
bidder's experience and technical and financial capability, and a commercial register).  Nevertheless,
post qualification is used in services tenders and some goods tenders as mentioned in question 17
above.
Works and Engineering (Technical) Services:
According to the Government Works Regulation No. 71 for the year 1986:Article 23 requires all entities to abide with the classification schedules in all government
works.  It further provided that:
(a) All contractors in all types of works shall be classified into categories or classes
according to their financial, technical, and managerial qualifications, as well as their
equipment and expertise in executing works.  The Ministers' Council shall pass
Instructions to regulate the classification rules and conditions.
(b) The Council of Ministers shall form a committee to study the classification
applications of contractors for the various types of works.
(c) The Minister shall publish the contractors classification schedules in the Official
Gazette.  He may amend such schedules by adding, omitting contractors or by
amending their classification.
(d) Contractors classification schedules shall be acknowledged in all government works
in the Kingdom.
Article 4 of the Government Works Regulation entrusted the Government Tenders Directorate
with the authority to follow up on the classification process of contractors.
Article 7(c) of the Government Works Tende rs Instructions provides that any tender
invitation shall include the categories and classes of contractors and/or consultants permitted to
participate in this tender.
Article 17(c) of the same Instructions requires all Committees to abide with the contractors
and consultants classification and qualification instructions whether they are Jordanian or
non-Jordanian.GPA/W/124
Page 20
The Engineering Offices and Consulting Compan ies Qualification Instructions of 1996 issued
pursuant to Article 4 of the Government Works Regulation defines "qualification" as the general
qualification in each specialty according to the basis and instructions issued by the Government
Tenders Directorate for the purposes of participating in engineering services tenders.
Accordingly, only classified local contractors and qualified local consultants may participate
in government works and engineering (technical) services tenders that are funded by the General
Budget.  Classification is required only for local contractors, while qualification applies to both local
and foreign contractors.  Foreign contractors are required to be qualified for participation in a specific
tender.  Lists are only maintained for local qualified consultants and local  classified contractors.
Contractors and consultants are not permitted to be classified during the procurement process since
only contractors and consultants who are classified are permitted to apply for tenders.
19. What are the conditions and circumstances foreseen in your legislation allowing the use of
the limited tendering method under Article XV of the Agreement?  What measures exist in order to
ensure that this method is not used with a view  to avoiding maximum possible competition or in a
manner which would constitute a means of discriminating among foreign supplies/suppliers or infavour of domestic supplies/suppliers?
Supplies:
Article 15(b) of the Supplies Regulation No. 32 for the year 1993 identifies the circumstances
where an entity may utilise the limited tendering method as explained in question 16 above.  All
procuring entities are obliged to abide with the provisions set out in Article 15 of the Supplies
Regulation No. 32 for the year 1993 as in question 16 above.
Works and Engineering (Technical) Services:
The Government Works Regulation No. 71 for the year 1986 specifies the circumstances
where an entity may pursue limited tendering for works procurement as opposed to the main method
which is open tendering, as explained in question 16 above.
20. Article XIV of the Agreement allows for negotiation under certain conditions.  Are entities
allowed to proceed to negotiations?  If so, which categories and what are the conditions imposed?
Supplies:
Negotiations are not allowed in the course of any tender.  However, in practice negotiations
are carried out in very limited cases mainly where the most successful bid price is substantially abovethe market or budget levels.
Works and Engineering (Technical) Services:
Negotiations are not allowed in the course of any tender.
21. Article XI sets out the minimum time-periods for tendering and delivery.  What are the rules
and practices regarding time-periods in your legisla tion?  Does the legislation reflect the various
minimum time-periods as set out in the Agreement?  If not, give information on any different
time-periods which have been established in your national legislation.
Supplies:
Article 7 of the Tenders Instructions No. 1 for the year 1994 regulates tenders announcing as
follows:GPA/W/124
Page 21
(a) The director general or secretary general should announce tenders serially numbered
on an annual basis, in not less than three local newspapers, for more than one day, in
addition to the other media that he may find appropriate.
(b) The announcement should include details about tender's number, kind of supplies, the
closing date for purchasing tender's invitation, the deadline for submitting offers, the
price of the tender's invitation, and, any other matters that the director general or
secretary general may find indispensable for announcement.
(c) Upon the request of more than one bidder, or upon a certain necessity, the director
general or secretary general may extend the date of submitting offers for an
appropriate period.  Whereas he may announce that in the same media used forannouncing for the tender previously.
(d) The director general or secretary general should announce the tender that has been
decided to be re-invited for.
Time-limits for tendering and delivery specified in Article XI of the Agreement on
Government Procurement are generally similar to a certain extent to those practiced in Jordan.  In
practice, tendering time for tenders funded from the General Budget is a minimum of 30 days.
Tendering time for international tenders is a minimum of 40 days.  However, these time-limits may
change according to the nature of the tender.
Works and Engineering (Technical) Services:
According to the Government Works Regulation No. 71 for the year 1986:
Article 7(a) provides that the procuring entities shall give a sufficient time-limit for
contractors and consultants to consider the tender's documents and submit their tenders.
Furthermore, Article 8(b) of the Government Works Tenders Instructions No. 71 for the year
1987 provides that there shall be a sufficient tim e-limit between the date of announcing the tender
invitation and the date of submitting the tenders to enable the tenderers to consider and prepare their
tenders.  Stipulated that the time for distributing the tender invitations shall not be less than sevendays and there shall be at least seven days between the last date of selling the tender invitation and
documents and the last date for submitting the tenders.
Article 8(d) permits the Head of the Committee to extend the last date of submitting the
tenders provided that such extensions are announced in the newspapers or notified to the participants.
Article 17(a) provides that in the event where the tender invitation and documents do not
specify a time-limit for the tenderer to abide by his offer, the time-limit shall be 90 days from the date
of submitting the tender.
22. Briefly describe the procedures for the submission, receipt and opening of tenders and
awarding of contracts, in particular the procedures and conditions guaranteeing regularity of the
openings and consistency with the non-discrimination provisions of the Agreement.  How is the
information on the proceedings related to the receipt, opening and evaluation of tenders maintained
by entities?
Supplies:
These procedures are governed by the Supplies Regulation No. 32 for the year 1993.GPA/W/124
Page 22
Article 23 of this Regulation decrees the issuance of Instructions to regulate these procedures.
Accordingly, all these procedures are governed by  the Tenders Instructions No. 1 for the year 1994
and amendments thereof.
Articles 18-39 of the Instructions regulate the purchase of tender invitation, preparation and
submission of the offers by bidders.
Article 18:(a) The bidder who wishes to purchase the invitation, should submit a certified copy of a
valid professions practicing permit, that entitles him to practice manufacturing,
selling, or supplying the required supplies, or deal therewith, he also should submitthe extract of the commercial register that details all the conditions stipulated by the
Ministry of Industry and Trade, to be entered in the commercial register, whereas the
concerned employee should request these documents at the time of selling any
tender's invitation, or once or more a year.
(b) The bidder, who participates for the firs t time in department's tenders, is obliged to
enclose a certified copy of the professions practicing permit and the extract of
commercial register, with his offer.
Article 19:  The bidder should pay the specified (non-refundable) fees for purchasing the
tender's invitation with all documents and enclosures, against a duly issued receipt.
Article 20:  The bidder should prepare his offer according to the documents of invitation after
thoroughly reading and understanding the contents thereof.  In case that the documents package is
incomplete, or the bidder found missing documents therein, he should apply for the missingdocuments from the department which invited for the tender;  the bidder should be responsible for all
consequences for not checking and completing documents properly.
Article 21:  When the invitation contains an indication that the supplies to be purchased
should conform to the sample(s) available in the department or in any place specified by the
invitation, the bidder should have to view and th oroughly examine the sample before submitting his
offer;  provided that the bidder's claim of not viewing and performing the required matching orexamination should not constitute and excuse to elude from responsibility;  and sample viewing
should be already implied.
Article 22:  The bidder should prepare his offer and prices based upon the enclosed schedules
and forms to the invitation, and should seal and sign all of the tender's documents, submitting themenclosed in full with his offer.  The bidder is enti tled to add any documents or information that might
be in-dispensable to clarify his offer, he should also state his complete and precise address in his offer
including the post office box number, telephone, facsimile and telex to be used for correspondence
purposes with respect to the tender.  The bidder should notify the department in writing about any change
to update his address, whereas all correspondences that used the last available address and sent bymail should be considered as if they have been delivered actually on time.
Article 23:  The offer should be submitted in duplicate (the original and the duplicate copy)
handwritten or printed legibly without erasure, al tering, dropping or addition.  If such editing is
necessary, the bidder should sign in red ink next to this erasure, altering, dropping or addition, takinginto consideration writing the prices in figures and words.  The bidder should, also, quote the unit
price and total price for every item in addition to the offer's total value (for the total of applied items).
The prices should be considered inclusive for packing and wrapping;  otherwise the tenders
committee should be entitled to disregard the offer.GPA/W/124
Page 23
Article 24:  The bidder should submit the required data and documents that show his
experience and technical and financial capability, and the level of his services, as well as any other
necessary requirements, when required, to prove his ability to meet his obligations and requirements
of the tender, as per a certain form prepared for this purpose, for tenders require that.
Article 25:  The bidder should submit the offer on two separate identical copies with the bid
bond in one sealed envelope, unless otherwise requested in the tender's invitation with the name of the
department who has invited for the tender thereon, in addition to the department's address:  P.O. Box,
the name and permanent address of the bidder, in addition to tender's reference number in a legible
script, and, the closing date.  Otherwise, the tenders committee may disregard the offer.
Article 26:  The offer should be deposited by the bidder in the tenders' box at the department
that has invited for the tender, before the expiration of the specified period, preferably, well ahead of
the closing date to avoid any emergency.  Every offer that should not be deposited before the closing
date should be denied returned closed to its source.  In case of not writing the sender's address or
adequate information concerning the tender, the department may open that envelope to examine the
contents and address if any, to be returned.
Article 27:  Offers that are sent directly to the department by means of cable, facsimile, telex
or telephone are not acceptable, unless otherwise explicitly stated in the invitation.
Article 28:  Offers that are not duly signed and sealed or submitted incomplete and ambiguous
in a manner that impedes awarding, should be disregarded.
Article 29:  The bidder should enclose original copies or any catalogues, bulletins, know-how
or statistical information that introduce the supplies either in Arabic or English, to his offer.  The
committee should disregard the offer in case of not enclosing the said materials;  and the biddershould not be entitled to submit objection thereon.
Article 30:  The bidder should submit the required samples in his offer, in case samples were
immovable, he should specify the place and time for viewing them;  otherwise, tenders committee
may disregard the offer.
Article 32:  The bidder is obliged to keep his offer valid and irrevocable for a period of (…)
days from the closing date, unless otherwise explicitly stated.
Article 33:  Offers should be accepted to supply quantities in whole or in part of the required
supplies, an item, or more, unless otherwise stipulated in the tenders invitation.
Article 34:  When the supplies delivery date was not specified in the tenders invitation, the
bidder should exactly specify the delivery date.  In case that the delivery date was not specified in
either cases, it should be considered an immediate delivery (immediate is understood to be within one
week from the date of signing the purchase order "the agreement").
Article 35:  The bidder should state in his offer the country of origin for the quoted supplies,
name of the manufacturing company, brand, trade name model and catalogue number or the brochure
concerning the quoted supplies.
Article 36:(a) Enclosed with his offer, the bidder should submit a separate table of the spare parts
recommended by the manufacturing company to be used for (…) years in normal
conditions, indicating the item number as it is stocked in the manufacturing company,
the quantity, and unit price.  The total pricing should be binding to the bidder for theGPA/W/124
Page 24
specified period, and the department should be completely free to purchase them
within this period in the pricing stated in the aforesaid table, while these spare parts
should be brand new and original 100 per cent.
(b) The bidder should be obliged to provide workshops and spare parts for the supplies
that require so, for a minimum of 8 eight years or for the average operating life,
unless otherwise stated in the invitation, the bidder should, also be obliged to enclose
with his offer the escalation clause for the spare parts pricing, after the expiration of
the period set forth in subparagraph (a) hereof, as it is in the county of origin.
Article 38:  The bidder's offer should be considered a confirmation that he has not submitted
his offer according to his relation with another bidder who applied for an item quoted in his offer, inall cases one bidder is not entitled to submit two separate independent offers for the same supplies
either in his name or in his partnership's name, in this case both offers should be disregarded, and the
bidder should have to resubmit one specified offer;  the bidder could also, enclose some alternative
choices in separate documents with his offer, provided that the value of the bid bond should be
proportional to the offer's value or the substitute choice whichever the highest.
Article 39:(a) The bidder's offer should constitute, with the approved tender's documents after
getting notified with awarding, and after the purchase order has been issued by thedepartment, a legally binding agreement unless otherwise stated in the awarding
decision and purchase order.
(b) The bidder's offer should guarantee that  the supplied items are brand new (100 per
cent) and free of manufacturing or material defects and of up-to-date model, and itsproduction is still continuous, unless otherwise explicitly stated in the contract.
Articles 40-43 of the Instructions regulates opening  of tenders.
Article 40:  Offers should be opened publicly in the place, date and hour specified in the
tenders' announcement and in the presence of all the committee's members as for the supplies of
common usage, and in the presence of the majority of the committee's members or four of themincluding its head, for the supplies of special usage, whereas every offer must be signed thereby.  The
tender's committee is also entitled to recite the total prices for each offer, whereas every bidder or his
representative may attend the process of offers opening.
Article 41:  A schedule (offers opening minutes) should be prepared by the secretary in which
he registers the name of all bidders who participated in the tender with serial numbers.  The bid bond
value and its kind should also, be registered for every offer with any information the head of tenders
committee might consider suitable.  Minutes should be signed immediately after opening all offers in
addition to stating the number of bidders that have participated in the tender in words, whereas any
modifications therein, should be justified in writing, and consolidated by the signature of the tenderscommittee.
Article 42:  Offers or any modifications ther eon should not be accepted after the specified
date and time of the closing date.
Article 43:
(a) If the tenders' committee found that the participating bidders are less than the
expected number, the committee should decide to extend the period of offers
submission (re-tendering), or to change the tender into purchase by requesting forGPA/W/124
Page 25
proposals, in this case offers should be returned closed to bidders who submitted
them against their or their representatives signature.
(b) Upon the conviction of tenders committee of the uselessness of extension it may open
the so far submitted offers, and make the necessary study and awarding, in case offinding the offered prices and supplies suitable.
Articles 44-51 regulate the studying and evaluating of offers  procedures.
Article 44:  Submitted offers should be conveyed to special tables therefore.Article 45:  Tenders committee or director general should specify the persons or parties that
constitute the technical committee, which should study offers with respect to necessary technical,
financial and legal affairs;  and then submit its proper recommendation for the tenders committee.
Article 46:  Any offer that is not consolidated by the bid bond should be rejected.
Article 47:  Offers (Bids) submitted for the invitation should be studied into ascending price
order according to the following:
(a) Offers should be studied with respect of technical aspects in such a way that technical
standards, should be specified according to the required supplies specifications on atable prepared for this purpose, and all offe rs should be subjected to the same criteria,
with respect to bidder's commitment (in his offer) with the specifications and
conditions of tenders invitation.
(b) Bidders financial and technical competency to fulfil the tender's obligations should be
considered.
(c) Study of the offers should start with the lowest price offer and graduate into
ascending order until finishing up the study of all the submitted offers.
(d) In case that the offer has fulfilled all conditions, specifications and quality, the
technical committee should recommend to award the tender on the tenderer submittedlowest prices.
(e) Prices of the required supplies stated in the invitation should be compared to specify
the lowest congruent, provided that the value of any appendages or spare parts that
are not required to be priced in the invitation should be disregarded.  Whereas,tenders committee should be entitled to accept appendages and spare parts in the
winner offer after awarding it.
(f) In the case that the requirements were not available in the lowest price offer, the
study should go to the offer follows it in pri ce, till it reaches to the suitable offer for
awarding, provided that reasons of disregarding (offers with low prices) should be
stated explicitly.
(g) When defects or non-conformity is found in all offers (bids), it should be possible to
purchase the offered supplies that satisfy the requirements of the beneficiarydepartment that enjoy quality and suitable prices (the optimal offer).
(h) Continuation of spare parts and maintenance availability and any other matters
required by Supplies Act and the applied instructions should be considered.GPA/W/124
Page 26
(i) The privileged price granted to national products should be considered in the studying
process.
Article 48:  In the case that a mistake was found in the offer concerning the total price, the
unit price should be considered, and if more than one price for the unit price was found, the problemshould be submitted to tenders committee to be settled down according to the implying evidences.
The committee could disregard the offer in case of th e evidence absence, and in case that there was a
difference between the total price stated in figures and total price stated in words, the lowest price
should be considered, unless otherwise tenders committee found sufficient evidences to approve the
highest option.
Article 49:  In the case that specifications, prices, conditions, and quality were all the same,
the preference should be given to the bidder whose offer includes additional advantages, then the offer
provides national products, then the offer of the bidder permanently resides in the Hashemite
Kingdom of Jordan, then the shortest delivery time in the case it serves the interests of the beneficiary
department.
Article 50:  The Tenders' Committee is entitled to disregard the offer of the bidder who
breaches his obligations before concluding the agreement, or the contracts already concluded with
him, or who should not abide by the contract's terms, elude or cheat, and provided that violations have
been committed in more than one agreement, or more  than two times in a single agreement;  and the
committee should be entitled to deprive him from participating in tenders for the period it specifies.
Article 51:  Before awarding the tender, tenders committee should consider the competency
and experience of the bidder in the field of providing the required supplies, his goodwill, facilities
provided by him or the service that he provides, spare parts, workshops, and solvency; whereas the
committee could disregard his offer upon the absence of these requirements either wholly or partially.
Articles 52-64 regulate the procedures pertaining to awarding  the tender.
Article 52:  Tenders should be awarded to winners, with stating reasons according to the
following:
(a) The lowest conformity:  If the lowest conformity offer includes the quality in the
required supplies and conforming to the specifications and terms in the invitation.
(b) The lower conformity:  If there were some inconsistent offers and some conforming
offers, the awarding should be assigned to the lower conforming.
(c) The optimal:  In the case of finding inconsistency in all of the submitted offers,
tenders committee might choose the optimal offers with respect to quality, pricing,
kind, and conditions that satisfy the required purpose only if the committee finds that
up to the beneficiary's departments interest.
(d) Any other reason that cope with the provisions of Supplies Act, provided that they are
sufficiently justified.
Article 53:  The tenders committee should reserve the right to disregard any offer that is
insufficiently clear to be awarded or implying more than one interpretation.
Article 54:  With respect to any offer, the tenders committee is entitled to award from any
offer an item or more or any part thereof, unless otherwise the bidder has stipulated, moreover the
committee may reject all the offers submitted thereto.GPA/W/124
Page 27
Article 55:  The tenders committee may decrease or increase the required quantities invited
for before awarding, without referring to the bidd er, or after awarding, by the approval of the
contractor, provided that the total increase or decrease should not exceed (25 per cent) twenty-five per
cent either before or after awarding.
Article 56:  The tenders committee may disregard any offer submitted by a bidder who had
previously proven to be incapable or failed to satisfy obligations or had impersonated the capacity of
representing an establishment or corporation, or claimed that he is the agent in sales affairs, or had
hidden his agency on its behalf;  either the representation was in favour of a Jordanian or a foreign
establishment or corporation.
Article 57:  The tenders committee should disregard the offer that did not abide by the
specifications, general conditions and instructions, special conditions as well as the applied provisions
of Supplies Act;  or if its applicant was not efficient, qualified, nor had been stated to be deprived
from participating in tenders for the period specified by tenders committee.
Article 58:  If a contradiction or conflict occurs between regulations and general conditions
and between special conditions, special condition should be considered.
Article 59:  Specifications stated in the invitation or the awarding decision should constitute
the minimum acceptable limit, and the specifications of the submitted samples should not cancel the
specifications stated in the inv itation or the awarding decision, unless otherwise the specifications of
samples were of superior specifications in comparison.
Article 60:  In the case that the tenders committee find that the offered prices were high, it
should re-invite for the tender or, purchase by requesting for proposals or by direct purchasing, in
accordance with the provision of Supplies Act, the committee is also entitled to disregard thepurchasing process wholly or partially; meanwhile on re-tendering, the bidder who purchased the
tender's invitation previously could obtain it free of charge.
Article 61:  The Secretariat of the tenders committee should have to announce the name of
winning bidders by affixing them on a special a nnouncing board, or following the method devised by
the director general or secretary general to be accessible for a period of four working days for any
objections submitted by any participant bidder.  In some exceptional cases, the tenders committeemay shorten the period of objection to a mini mum period of not less than forty-eight hours.
Article 62:  The tenders committee should consider the objections forwarded to it, and should
issue decisions concerning them, then it should submit the awarding decision for approval by the
concerned authority.
Article 63:(a) The director general or secretary general should formulate, through the employees of
the department, the decisions of the tenders committee, as well as numbering themwith an annually classified serial reference.  Having approved these decisions, they
should be further formulated into agreements (purchase orders) signed by both
parties, whereas copies of these agreements (purchase orders) and decisions should be
circulated on the concerned authorities to execute them.
(b) A copy of the tenders committee's decisions should be circulated on General Supplies
Department/Central Register Section.GPA/W/124
Page 28
Article 64:  The tenders committee is entitled to cancel any invitation any time, or during any
phase without mentioning reasons, it is also entitled to disregard all or some submitted offers,
provided that no bidder should have the right to claim any consequent loss or harm, as a result of
submitting his offer; furthermore, no financial or non-financial liabilities should be imposed on the
committee thereunder.
In practice, offers are opened by the Central Tender Committee every Monday and
Wednesday at a fixed time throughout the year.  Du ring the evaluation and study process, the Central
Tender Committee may contact tenderers for further clarification on technical issues that are to be
submitted in writing by the tenderer, provided that such clarifications do not affect the substance of
the offer.  All tender documents including tender's number, offers, technical committees' reports,
minutes of meetings, correspondence with tenderers, bonds and performance guarantees, …, etc., aremaintained in the tender file.
Works and Engineering (Technical) Services:
Governmental works and engineering services are governed by the Government Works
Regulation No. 71 for the year 1986.  Article 16 of this Regulation decreed the issuance of
Instructions to regulate the procedures thereof.  Accordingly, these procedures are governed by the
Government Works Tenders' Instructions No. 71 for the year 1987.
Purchase of tender documents and the preparation and submission of the tenders:
Article 6 of these Instructions requires the head of the Committee to ensure that all the
requirements for announcing a tender as specified in these Instructions, and all the tender documents
are available before announcing any tender invitation.
Article 7 requires any tender invitation to include the subject-matter and location of the
project in addition to summary description of the project;  the price of the tender documents;  the
category of contractors and/or consultants permitted to participate;  the last date on which a contractor
can purchase the tender documents and the date, time and location for submitting the tenders;  and the
amount and source of financing in case of [foreign] financed projects.
Article 8 provides that a tender invitation shall be announced in Arabic in two daily
newspapers.  However, it may be announced in English in addition to Arabic in case of inviting
foreign contractors and consultants to participate.
In case of special invitation tenders, the invitation may be mailed by certified mail or by hand.
Moreover, it requires that there shall be a sufficient time between the date of announcing the tenderand the date of submission, provided that the time of distributing the copies of the tender documents
shall not be less than seven days.  In addition, there shall be at least seven days between the last date
of selling the tender's documents and the date of submission.  The head of the Committee may extend
the date of submission, provided that such extension shall be announced in the newspapers or notified
to the participants.
Article 10 provides that each supplier shall sign its tender and submit the required copies in a
sealed and stamped envelope.  All tenders shall be deposited within the time limit in the Tenders'
Chest designated for this purpose.  The supplier may submit any amendments to its tender or a new
tender before the last date of submission as well.  In case the envelopes were too big to be depositedin the chest, the supplier may submit it to the Secretary of the Committee.  In case a tender was
submitted by mail, it shall be by certified mail only.
Article 10 requires foreign suppliers to include in their tender the name of their Jordanian
partner, or representative or the license certificate of its registered office in Jordan.GPA/W/124
Page 29
Article 11 provides that there shall be a special chest for tenders.  Such chest must carry three
different locks, the Head of the Committee keeps one key, the Secretary one key, and another member
keeps the third key.
Article 12 regulates the procedures pertaining to opening  the tenders.
It asserts that the Tender Chest shall be opened at the date and time specified in the invitation
in a public session.  All participant suppliers may attend this session if they opt to.
Article 13(a) provides that the Committee shall dismiss any tender in the following events:
(a) If such tender did not include any required bond(s).
(b) Any tender that has reservations or conditions that contradict with the underlying
tender conditions.
(c) In case there is any scraps or additions or omissions so as to render the tender
ambiguous.
Article 13(b) specifies the instances where the Committee may dismiss a tender.  This
include:
(a) In case a tenderer did not sign its tender.(b) In case a tenderer did not write the unit's prices in words in addition to numbers.
Article 14 regulates the tender's committee procedures in the studying and evaluation of offers
as follows:
(a) The Committee shall follow the following procedures when examining and
evaluating offers.
(1) Organize minutes for each of its sessions.  Such minutes shall be signed by 
the members of the Committee.
(2) Preliminary examine the offers to ensu re compliance of the tenderer with the 
conditions of the tender invitation in terms of his classification, completion of
his offer and the non-existence of any conditions that contradict with conditions of the tender invitation.
(3) Whenever necessary, refer the offers to a technical committee to study them 
and prepare a report within the specified time-period.
(b) When evaluating offers, the Committee shall verify the tenderer's qualification,
financial capability and compliance of his offer to the tender invitation conditions and
his capability in fulfilling the obligations incurred by the new tender in addition to the
volume of his previous obligations in terms of the grade of his classification.
(c) The Committee may reject any offer if its prices were largely below cost price or the
current prices or prices estimated by the relevant entity provided grounds for rejection
shall be stated in detail.GPA/W/124
Page 30
(d) The Committee may summon any tenderer to request any information or analysis for
items prices stated in his offer without prejudice to rights of other tenderers.  The
Committee shall record the results of such discussions in the session's minutes.
(e) Where the study proves that certain tenderers are not eligible to be awarded the
tender, the Chairman of the Committee may decide to return guarantees for such
tenderers.
Article 15 regulates the awarding  procedures.
It asserts that the Committee shall award the tender to the tenderer with the best offer.  The
award decision, following certification, shall be notified to the entity and the entity notifies thesupplier.  An award decision shall not be amended unless by a subsequent decision from the same
Committee.
23. Please identify the provisions in your legislation setting the parameters for the prescription of
technical specifications by entities as part of the evaluation criteria.
Supplies:
Article 4 of the Tenders Instructions No. 1 for the year 1994 provides that the beneficiary
department should verify the existence of actual need to purchase the required supplies.  The saidbeneficiary department should also verify that the required supplies are not available in the Central
Procuring Entity (GSD), excluding the cases of em ergency that do not permit such procedures before
sending the purchase order to GSD that is concerned with inviting for the tender.  The said GSD
should proceed as follows:
(a) review the specifications of supplies requested to be purchased, to assure their
generality, precision and unambiguity.  For this purpose, GSD may consult experts,
technicians or any other body to make sure of that.
Article 37 of the Tenders Instructions No. 1 for the year 1994 provide that in case tenders
invitation included a trademark or certain specifications for any supplies, the bidder should not be
bound to these specifications or trademarks which merely serve as a guideline to the specifications,characteristics and usage of the required supplies.  The bidder could, also, submit the substitutes that
have the same equivalent advantages, characteristics and applications that lead to making use of them
in the same manner that the nominated materials ma y act.  In this case the required specifications
should be considered to be general specifications, to get the required results with respect to the
procuring entity.
The following articles regulate the set out of technical committees:Article 22 of the Supplies Regulation No. 32 for the year 1993:
(a) Central Tenders Committee or the specia l tenders committee formed according to this
act, may ask for assistance from experts and technicians from government employees
or other personnel to make use of their expertise in considering the bids introduced to
it, and all departments are required to cooperate completely with these committees in
this respect.
(b) The minister based on the director general's submission may grant the experts,
technicians and the technical committee members financial bonuses suitable for the
works assigned to them by the central tenders committee.GPA/W/124
Page 31
Tenders Instructions No. 1 for the year 1994 and its amendments:
Article 3 refers to definition of the technical committee as the committee constituted by
tenders committee of experts and technicians either by  personal names or by representatives of other
departments and authorities.
Article 45 stipulates the following:
The tenders committee or the director general should specify the persons or parties that
constitute the technical committee, which should study offers with respect to necessary technical,
financial and legal affairs; and then submit its proper recommendation for the tenders committee.
Article 47 provides for the following:Offers (Bids) submitted for the invitation should be studied into ascending price order
according to the following:
(a) Offers should be studied with respect of technical aspects in such a way that technical
standards, should be specified according to the required supplies specifications on a
table prepared for this purpose, and all offe rs should be subjected to the same criteria,
with respect to bidder's commitment (in his offer) with the specifications and
conditions of tenders invitation.
(b) Bidders financial and technical competency to fulfil the tender's obligations should be
considered.
(c) Study of the offers should start with the lowest price offer and graduate into
ascending order until finishing up the study of all the submitted offers.
(d) In case that the offer has fulfilled all conditions, specifications and quality, the
technical committee should recommend to award the tender on the tenderer submitted
lowest prices.
(e) Prices of the required supplies stated in the invitation should be compared to specify
the lowest congruent, provided that the value of any appendages or spare parts that
are not required to be priced in the invitation should be disregarded. Whereas, tenders
committee should be entitled to accept appendages and spare parts in the winner offer
after awarding it.
(f) In case that the requirements were not available in the lowest price offer, the study
should go to the offer follows it in price, till it reaches to the suitable offer for
awarding, provided that reasons of disregarding (offers with low prices) should be
stated explicitly.
(g) When defects or non-conformity is found in all offers (bids), it should be possible to
purchase the offered supplies that satisfy the requirements of the beneficiary
department that enjoy quality and suitable prices (the optimal offer).
(h) Continuation of spare parts and maintenance availability and any other matters
required by Supplies Act and the applied instructions should be considered.
(i) The privileged price granted to national products should be considered in the studying
process.GPA/W/124
Page 32
Article 51 stipulates the following:
Before awarding the tender, tenders committee should consider the competency and
experience of the bidder in the field of providing the required supplies, his goodwill, facilitiesprovided by him or the service that he provides, spare parts, workshops, and solvency;  whereas the
committee could disregard his offer upon the absence of these requirements either wholly or partially.
Works and Engineering (Technical) Services:
According to the Government Works Regulation No. 71 for the year 1986:
Article 23 provides the following:
(a) Construction contractors of all types of constructions shall be classified within graded
classes in accordance with financial, technical and administrative qualifications,
procurement and expertise in undertaking the constructions.  The Minister's Councilshall issue instructions for this purpose specifying in which requirements, conditions
and classes of classification.
(b) The Minister's Council shall, upon recommendation of the Minister, form one
committee or more to examine applications of classifying construction contractors forall types of constructions, and the classes and grades thereof.
(c) The Minister shall define, upon recommendation of the competent classification
committees, classes and fields of competence in which contractors are classified. This
classification shall be reviewed in light of actual practice of the contractor, and ofchange in the basis upon which such contractor was classified in accordance with the
recommendation of the competent classification committees.
(d) The Minister shall issue schedules of construction contractors' classification and
competence and such schedules are to be published in the Official Gazette.  The
Minister may, however, amend such schedules every now and then by adding names
of new contractors, abolishing names of existing ones, or amending the classes or theclasses or the fields of work thereof.
According to Government Works' Tendering Instructions:Article 7(a)(3) provides that the advertising of tendering should include the contractors
classes allowed to subscribe in constructions tenders, or the classes and qualification of the
consultants allowed to participate in engineering services' tenders as the case may be.
Article 14 provides that the committee should adopt the following procedures when
examining and evaluating contracts:
- Transferring tenders offers to a technical committee to examine them whenever
needed.
- When evaluating offers, the committee shall verify the legal capacity and the
financial ability of the tenderer, and that his/her tender conforms with the terms of the
invitation, and his capability to fulfil his obligation under the tender in addition to his
previous obligations in light of his classification.GPA/W/124
Page 33
24. Identify the measures in national legislati on ensuring that awards are made in accordance
with the evaluation criteria and essential requirements specified in the tender documentation.
Supplies:
See Article 47 of the Tenders Instructions No. 1 for the year 1994 in question 23 above.
Works and Engineering (Technical) Services:
Article 14 of the Government Works Regulation No. 71 for the year 1986 requires the
Committee when considering the tenders to ensure the tenderer's capacity and financial competence as
well as the compliance  of its tender with the requirements specified in the tender documents.
V. INFORMATION
25. Article XIX:1 of the Agreement foresees the publication of laws, regulations, judicial
decisions, administrative rulings of general application and procedures regarding government
procurement.  Please give the name of the public ation(s) and indicate the means used for this
purpose.  Please also provide, where available, the address of an Internet website where the
legislation referred to in questions 1 and 2 can be found.
All laws and regulations in the Kingdom are published in the Official Gazette upon the
completion of all constitutional procedures and Royal Assent.  Moreover, government procurement
requires government budget allocations for each tender.  The General Budget Law which regulates
such allocations is published in the Official Gazette as well.
As for Instructions, they are issued pursuant to Regulations related to government
procurement, they shall be published in the Official  Gazette so as to allow public access, such as the
Tendering Instructions No. 1 for the year 1994 and amendments thereof, and the Government Works
Tendering Instructions No. 71 for the year 1987.
There are in general no legal instruments that regulate the publishing of Administrative or
Ministerial Decisions.  This is also related to government procurement.  However, such Decisions are
published in the Official Gazette if it so provided in these decisions.  In cases where there is no such
provision, the governmental entity may publish them in the manner they deem appropriate, like
attaching them to a billboard or publishing them in daily local newspapers or through other media.
Judicial Decisions of the Court of Cassation and the High Court of Justice on the other hand
are usually published in specialized  journals such as the monthly journal of the Jordanian Bar
Association and the specialized magazine issued by the Judicial Institution.  Public daily newspapers
often, but not regularly publish laws and regulations and instructions and decisions as well.
It is also noted that some governmental entities follow in disseminating legislation in the
Kingdom a certain method, i.e. it collects all pieces of legislation related to their work and places
them in books available for access of entities concerned with such legislation.  For example, the
General Supplies Department publishes manuals that contain relevant laws, regulations, instructions
and decisions, as well as forms related to the mechanism of purchasing and administrating generalsupplies.  This also applies to the Ministry of Public Works and Housing/General Tenders Directorate
concerning works and engineering (technical) services.GPA/W/124
Page 34
Website addresses:
- General Supplies Department (GSD):  http://www.gsd.gov.jo
- General Tenders Department (GTD):  http://www.gtd.gov.jo
26. Article IX:1 of the Agreement foresees the publication of invitations to participate for all
cases of intended procurement by entities.  Please give the name of the relevant publication(s) and
indicate the media to be used for this purpose.  Please also provide, where available, the address of
an Internet website where such invitations are published.
Supplies:
According to the Supplies Regulation No. 32 for the year 1993:Article 24 stipulates the following:The director general or the secretary general invites for tenders, as the case requires, and
determines the price of the tender's documents proportional to the printing and preparation expenses
of the invitation and the documents attached thereto as well as the tender's value.  However, he is
allowed to distribute the invitation free of charge to the Arab and foreign commercial attaché and the
companies not residing in Jordan and the bodies associated to the Government, and parties he deems
that it is to the treasury interest to address the tender invitation thereto.
According to Tendering Instruct ions No. 1 for the year 1994:
Article 7 deals with the invitation for tenders as follows:
(a) The director general or the secretary general should announce tenders serially
numbered on an annual basis, in not less than three local newspapers, for more than
one day, in addition to the other media that he may find appropriate.  Currently,
tender invitations are published in the daily newspapers:  Al-Rai
(http://www.alrai.com), Addustour (http://www.addustour.com.jo), and Al-aswaq,
and in Alam Al-Ghad weekly newspaper.
(b) The announcement should include details about tender's number, kind of supplies, the
closing date for purchasing tender's invitation, the deadline for submitting offers, the
price of the tender's invitation, and, any other matters that the director general or
secretary general may find indispensable for announcement.
(c) Upon the request of more than one bidder, or upon a certain necessity, the director
general or secretary general may extend the date of submitting offers for an
appropriate period.  Whereas he may announce that in the same media used for
announcing for the tender previously.
(d) The director general or the secretary general should announce the tender that has been
decided to be re-invited for.
Works and Engineering (Technical) Services:
According to the Government Works Tendering  Instructions No. 71 for the year 1987:
Article 8(a):  Tenderers are invited to submit their offers by publishing a tender invitation
notice once or more in Arabic in at least two local newspapers.  However, a notice in English may be
published in addition to Arabic when inviting contractors or foreign councils to participate in a tender.GPA/W/124
Page 35
Currently, tender invitations are published in the daily news papers
Al-Rai(http://www.alrai.com) and Addustour (http: //www.addustour.com.jo), and in Alam Al-Ghad
weekly newspaper. Tenders invitations and  tenders documents for engineering (technical) services
tenders are provided through the General Tenders Directorate website also.
Article 8(b):  Special invitations' tenders may be transmitted through registered mail or
delivered by hand to contractors or councils that the entrepreneur approves to invite to a tender upon
recommendation of the Chairman of the Committee.
27. Please specify the types of information that your legislation requires to be included in notices
of invitation to tender or in tender documentation, and identify the relevant provisions in yourlegislation.
Supplies:
The Instructions of the Tenders Procedures and Participation Conditions No. 1 for the
year 1994 issued pursuant to Article 23 of the Supplies Regulation No. 32 for the year 1993 and
amended by Instructions No. 3 for the year 1999  govern the tender invitations requirements.
Article 3 of these Instructions stipulates the following:
Any invitation for a tender shall include the following standard documentation:
- Invitation for tendering, including various standard forms.
- Technical specifications of the required supplies (including forms, charts, drawings
and any other details).
- Tender's general conditions and instructions.
- Special conditions (if any).
- Bidders' pre-qualifications (upon request).
Article 7(b):  The announcement should include details about tender's number, kind of
supplies, the closing date for purchasing tender's  invitation, the deadline for submitting offers, the
price of the tender's invitation, and, any other matters that the director general or secretary generalmay find indispensable for announcement.
Works and Engineering (Technical) Services:
According to Government Works Tendering Instructions No. 71 for the year 1987:
Article 4/A.  Documents of technical service tenders shall contain the following information
and data in addition to any other requirements set by the entity in the tendering invitation.
(1) General description of the project attached therewith a schedule of the requirements of the
department and the purpose of the project's design as well as defining different stages of work
in the project.
(2) Blueprints of lands and of buildings' projects, and general blueprints for other projects as well
as eminent domain decisions and any other relevant requirements.
(3) Limits of the costs within which a contractor must work in terms of the costs for the project
intended to be designed.
(4) Terms of contract and the contract's draft and the method of submitting tenders.GPA/W/124
Page 36
(5) Means of defining the time limits of execution of work, consideration and the amount of
required bonds.
Article 4/B:  Documents of tenders shall contain the following data and requirements in
addition to any other requirements set by the entity in the tendering invitation.
(1) Description of the project:  provided it contains basic information of the nature, size and
location of the project for any type of the following required works:
- Buildings Projects:  defining the number and size of the buildings and floors or any
other annexed complexes, and also the works and services of the site.
- Roads Projects:  defining the type, length, width, number of lines, starting and ending
points of the road as well as sewerage works, bridges and intersections.
- Other Projects:  defining information rela ted to the project according to its nature.
(2) Instructions of the contract:  including guidelines and conditions by which contractors and
tenderers abide relating to submission of tenders, the amount of bid bonds, basic information
about the contractor and qualification thereof, information and documents or other data to be
attached to the offer.
(3) General conditions of the contracting contract: those are the conditions specified in the
construction contract's text issued by the Ministry and by which all departments and councils
shall abide to.
(4) Special conditions of the construction contract:  the conditions complementary to the general
conditions and any amendments thereof, and any other additional conditions required by the
contract including conditions related to financing, the mechanism of execution and stages of
the project as well as the right of the entity to divide it.
(5) Blueprints:  they are the detailed blueprints necessary to execute a project as well as the
blueprints of the site and land and the regulatory blueprints.
(6) Technical specification and schedules of quantities and prices: including the general and
specific technical specifications related to a project, and schedules of quantities and prices
titled in parts of infrastructure, site, skeleton and finishings.
(7) Contract forms and bonds.
(8) Any other annexes to the tenders' documents.
Article 7/A.  A tender invitation shall contain the following:
(1) Subject-matter of the tender, site map with a brief description of the project.(2) The price of tender documents.
(3) The categories of contractors allowed to participate in construction tenders, or the categories
and qualifications of the consultants permitted to participate in engineering services  tenders
as the case may be.GPA/W/124
Page 37
(4) The time-limits at which the contractor is allowed to buy a copy of the tender, and the exact
date and hour for submitting the offers and the place of submission.
(5) The amount and sources of finance and its source for financed projects as well.
28. Article IX:1 of the Agreement foresees publication of permanent lists of qualified suppliers by
entities maintaining such lists.  Please give the name of the publication(s) and indicate the means
used for this purpose.  Please also provide, where available, the address of an Internet website where
such invitations are published.
Supplies:
See answers to questions 17 and 18.
Works and Engineering (Technical) Services:
The Government Works Regulation No. 71 for the year 1986 regulates the publication of such
lists.
Article 23 provides that the Minister of Public Works and Housing shall issue schedules
pertaining to the classification of constructions contractors and their specialties and publish these
schedules in the Official Gazette.
In addition to publishing these schedules in the Official Gazette the Constructions Contractors
Association publishes special publications on contractor's classification.  The Engineers' Association
publishes special publications on consultants' classification as well.  Lists of qualified local
consultants and classified local contractors are also published on the Government Tenders Directoratewebsite.
Website addresses:
- General Supplies Department (GSD):  http://www.gsd.gov.jo
- General Tenders Department (GTD):  http://www.gtd.gov.jo
29. Article XVIII:1 of the Agreement foresees the publication of details of contract award notices
by entities.  Please give the name of the relevant publication(s) and indicate the means to be used for
this purpose.  Please also provide, where available, the address of an Internet website where such
notices are published.
Supplies:
Article 61 of the Tenders Instructions No. 1 of the year 1994 requires the secretariat of the
tenders committee to announce the name of winning bidders by affixing them on a special announcingboard, or following the method devised by the director general or secretary general to be accessible
for a period of four working days for any objections submitted by any participant bidder. In some
exceptional cases, tenders committee may shorten the period of objection to a minimum period of not
less than forty-eight hours.
In practice, the only method used by the government is posting such notices on a board
located in the entity's location.  All participants are notified of the result by telephone and the winner
bidder is provided by a copy of the award decision.GPA/W/124
Page 38
Works and Engineering (Technical) Services:
Article 15(b) of the Government Works Tenders Instructions No. 71 for the year 1987
provides that the Committee shall notify the entity with the award notices, which on its part shall
notify it to the selected supplier.
There is no publication requirement under these Instructions.  However, in practice the result
of award is announced on the notice board at the premises of the Government Tenders Directorate and
is also announced through GTD's internet website.
30. Please specify the types of information that not ices of contract awards should contain in your
country and identify the relevant provisions in your legislation.
Supplies:
Article 63 of the Tenders Instructions No. 1 for the year 1994 and Article 25 of the Supplies
Regulation No. 32 for the year 1993 regulate this issue.  The General Supplies Department issuescertain forms, which became some sort of a de facto requirements followed by most entities.  These
forms include:
(a) Preliminary Contract Award Summary Notice
Includes the following information:  the tender's number, supplier's name and address, a
schedule of the required supplies which shows the item's number, name, model, unit, quantity, unit
price, total price, delivery period, country of origin, manufacturer, and reason for awarding.  It also
includes the signature of the technical committee members and the Central Tender Committee
members.
(b) Contract Award Decision
Includes, inter alia , the tender's number, the number of tenders submitted, the total amount,
itemization of the procured supplies with the name of each selected supplier for each item, place of
delivery, the selected supplier obligations, such as bonds, taxes, method of payment, and the Central
Tender Committee members signatures.
(c) Notification of Award
Includes the following:  selected supplier's name and address, award decision number and
tender number, total amount, instructions to the supplier to be present at the entity's location to pay thefees and submit the performance guarantee within seven days of receipt of this notice, a schedule of
fees and taxes due as a result of the award decision.
(d) Purchase Order
Includes the following:  purchase order number and date, supplier's name and address,
contract award decision to which a schedule of the required items and their prices is attached, a signed
pledge by the supplier to perform its obligations under the purchase order, and the signature of the
authorized person of the procuring entity.GPA/W/124
Page 39
Works and Engineering (Technical) Services:
The Government Tenders Directorate sends an award notice to the successful tenderer
informing him that he was awarded the tender  and re questing him to be present at the entity's location
to pay the fees within 10 days as receipt of the notice, and submit the performance guarantee within14 days of receipt of notice and  sign the contract accordingly.
31. Please specify the relevant provisions in your legislation enabling, as foreseen in
Article XVIII:2, the provision of information to other Parties and unsuccessful tenderers regarding
the reasons why a tender was not selected.
Supplies:
There is nothing in the Tenders' Procedures and Participation Conditions Instructions No. 1
for the year 1994 that requires the technical committee to provide such information.
Nevertheless, Article 47 of the above Instructions requires the technical committee to start the
selection process with the offer with the lowest price then move to the next lowest one until it makes
its decision according to compliance with technical specifications and conditions.  It also requires the
technical committee to identify the reasons for dismissing the unsuccessful offers.
In practice, unsuccessful tenderers are granted access to the technical committee's report
which include the reasons for dismissal.
Works and Engineering (Technical) Services:
The Government Works Regulation and the instructions issued pursuant to this Regulation do
not regulate this matter.  The instructions only specify the circumstances where the Committee shall
dismiss a tender and the circumstances where it may dismiss a tender.  Nothing in these instructions
requires the Committee to identify the reasons for dismissing any tender or to enable unsuccessful
tenderers to look at the reasons of dismissal.
VI. BID CHALLENGE PROCEDURES
32. Please provide information on existing challenge procedures.
33. Are there specific provisions enabling access of foreign suppliers to challenge procedures?34. To the extent that this information does no t fully respond to the following points, please
provide the supplementary information necessary to do so:
(i) The time-limit to launch a complaint contained in the Agreement is "not less than 10
days" from the time when the basis of the complaint is known or reasonably should
have been known.  What are the limits in domestic legislation?
(ii) What body is responsible for the challenge procedures?  Is this a "court" or an
"impartial and independent review body"?  If the latter:
- How are its members selected?
- Are its decisions subject to judicial review?
- If not, how will the requirements of paragraph 6 of Article XX be taken into 
account?GPA/W/124
Page 40
(iii) What is the applicable law by reference to which the challenge body will examine
complaints?
(iv) Which rapid interim measures are provided to correct breaches of the Agreement and
to preserve commercial opportunities?
- Do these measures include the possibility to suspend the procurement 
process?  On what conditions?
(v) How do challenge procedures provide for correction of the Agreement? What types of
compensation for loss or damages suffered can the challenge body order?
(vi) Give any available information on the time-periods for the stages of the challenge
process, including to obtain interim measures and a final decision.
(vii) What are the usual costs to conduct a challenge procedure?  Are there possibilities
foreseen to do so free of charge?
As a general rule, contract award decisions are considered "administrative decisions",
therefore, they are subject to the general rules appl icable to administrative decisions, and they fall
within the jurisdiction of the High Court of Justice.
The High Court of Justice Law No. 12 for the year 1992 regulates the challenge procedures
for all administrative decisions.  Article 9 specifies the Court's jurisdiction.
In the case of contract award decisions, a case may be filed against the entity that issued the
award decision.  Administrative decisions can only be challenged for one or more of the following
basis:
(a) The issuing entity's lack of jurisdiction.(b) Violation of the Constitution, Laws, Regulations or misapplication or
misinterpretation of such.
(c) If the decision was defective or the procedures of issuing the decisions were effective.(d) Arbitrary and Capricious decisions.
A case must be filed within 60 days of the date of notification.  However, before challenging
the decision in the Court, the plaintiff must exhaust all the administrative challenging methods
available.  Article 18 of the Government Works Regulation required the Committee to refer its
decision to the entity authorized to endorse such de cision within seven days of the date of issuing the
decision.  This entity shall endorse the decision within 30 days from the date of receipt.  A tendererwho is willing to challenge an award decision must challenge that decision at the issuing entity prior
to the endorsement of that decision.
Supplies:
The Tenders' Procedures and Participation Cond itions Instructions No. 1 for the year 1994
sets out the challenge procedures available under these Instructions.GPA/W/124
Page 41
Article 61 requires the Secretariat of the Committee to post the award decision on a bulletin
board prepared specially for this purpose for four working days so as to enable unsuccessful tenderers
to challenge such decision.  This period can be reduced to forty-eight hours in exceptional
circumstances.
Article 62 states that the Committee shall examine the challenges and issue its final decision
thereupon then refers the decision to the entity auth orized to endorse it.  This entity on its part must
endorse the decision within 15 days from the date of receipt or it shall be considered certified by
virtue of the law.  (Article 21 of the Supplies' Regulation.)
Works and Engineering (Technical) Services:
The Government Works Tenders' Instructions No. 71 for the year 1987 does not provide any
challenge procedures.  Nonetheless, it does not prohibit such challenge.
We can conclude from Article 15 of these Instructions that an unsuccessful tenderer may
challenge an award decision in the period between the issuance of the decision and the certification ofthis decision.
- Under Article 9(B) of the High Court of Justice Law The Court shall have jurisdiction in all
compensation claims resulting from administrative decisions and procedures.
- The applicable law by which the Court examines complaints is the relevant applicable
Jordanian Law.  This can be the Supplies Regulation, the Government Works Regulation or
any other legislation depending on the procuring entity.
- As for interim measures, under Article 20 of the High Court of Justice Law, the court, upon
the request of the any party to the proceeding,  may take any preliminary decisions it deems
appropriate upon filing the case or during the proceedings including temporarily suspending
the administrative decision.  The Court may require the party requesting such measures to
post a monetary guarantee as it deems appropriate as a surety against any damages in case the
party requesting such measures was proven not rightful in his claim.
- Article 26(B) of the High Court of Justice Law provides that the Court's ruling shall be final
and may not be challenged before any entity.  If the Court revokes the administrative
decision, all procedures, legal and administrative acts performed as a result of the revoked
decision shall be deemed void as of the date of issuing the decision.
- As for the costs, Article 16 of the High Court of Justice Law provides that fees for filing any
case with the High Court of Justice shall be ch arged in accordance with the fees stipulated in
the Courts Fees Regulation.  Article 25 of the Courts Fees Regulation provides that fees for
cases filed with the High Court of Justice shall be determined by the Chief of the High Court
of Justice provided that such fee is no less than fifty Jordanian Dinars and no more than two-
hundred Jordanian Dinars.  As for compensation claims, the fee shall be the same as in civilcases.
- There are no specific time-periods for judicial proceedings.GPA/W/124
Page 42
VII. OTHER MATTERS
35. To what extent is information technology  being used in the process of government
procurement?  Are notices of invitations to tender and/or notices of contract awards published
electronically?  Please provide the address of such electronic publications.
Supplies:
The General Supplies Department's website is still under construction.
Works and Engineering (Technical) Services:
The Government Tenders Directorate's website provides information on some tenders.
Tenders invitations and tender documents for engineering consultancy  services are provided throughthe website.
36. Is there a contact point in your country for responding to enquiries from suppliers, other
governments and the wider public relating to laws, regulations and procedures and practices
regarding government procurement at the central and/or sub-central level?  Please provide the
address.
Contact points:
Supplies:
General Supplies Department (GSD)
P.O. Box 7696
Amman 11118, Jordan
Tel.:  + (9626) 5153491/6
Fax:  + (9626) 5151211
e-mail:  gsd@gsd.gov.joWorks and Engineering (Technical) Services:
Government Tenders Directorate
P.O. Box 1220
Amman 11118, Jordan
Tel.:  + (9626) 5858311, 5858314
Fax:  + (9626) 5857583, 5857839
e-mail:  gtd@gtd.gov.jo
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