Public Contracting & Property

Jordan welcomes the establishment of transparent central registers of foreign companies bidding on public contracts and buying property, and intend to explore options for taking similar action.

Status: Underway

This commitment has no defined end date and there is evidence that activity has started

The Concerned Authorities:

  • Integrity and Anti-Corruption Commission.
  • Governmental Procurement Service.
  • Companies Control Department.
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This issue is under the authority of the Public Tenders Departments (PTD) now, and according to the (PTD), the register is under implementation and expected to be completed by the end of 2020.

According to the Tenders department, foreign companies are not allowed to bid for national tenders unless there is a national agent as per article 28 form the national procurement system, knowing that the e-procurement system for public tenders has a register with all the data of all agents and bidding companies.

The Current Situation:

The Jordanian Companies Law No. 22 of 1997 and its amendments regulated the provisions pertaining to the registration of foreign companies operating in Jordan, where Article 240 of this law was intended. “For the purposes of this law, it means the foreign operating company, the company or organization registered outside the Kingdom and whose main center is located in another country; its nationality is Non-Jordanian”.

The Jordanian legislator has laid down the provisions for the registration of these companies, the data to be attached to the application for registration, all of its obligations and the reasons for its deletion from registration.

As for the provisions for tenders and public contracts, there is cooperation between the Governmental Procurement Department and the Companies Control Department in the Ministry of Industry and Trade to include the register of foreign companies with the necessary data on these companies according to what is stipulated in the Government Procurement System No. 28 of 2019.

The Companies Control Department is studying the issue of creating an online register for foreign companies, and the expected date for its completion is 12/31/2020, given that the procedure requires a legal amendment to rely on it.

Recommendations:

1.Amending Article (65) of the Governmental Procurement System No. (28) for the year 2019 specific to the functions and powers of the Governmental Procurement Service so that an item is added that includes the establishment and maintenance of a registry for foreign companies that contract with the department.