The Legal System of Tenders and Auctions in Yemeni Law

Abstract

Public tenders and auctions hold a significant position among the methods used by the public administration to select its contracting parties. The state may find that involving the private sector in executing its projects best serves the public interest. Initially, tenders and auctions were utilized as a transparent method to identify the candidate who best meets the necessary terms and specifications for the contract, thereby advancing society's general welfare. The administration resorts to the tendering method to acquire required goods or services, as it is in the public interest to conclude the contract with the party that offers the lowest possible price with optimal quality. Conversely, it relies on public auctions when looking to sell or lease some of its assets, as the public interest then lies in contracting with the party that submits the highest financial bid.

Research Importance:

The importance of this research stems from the immense significance of the legal regulation of tenders and auctions across all levels, given the high frequency of these contracts within ministries, departments, and government institutions. Consequently, legal professionals must understand the nature of these contracts and their detailed regulatory provisions, from the time of their announcement up to the initiation of their execution. Furthermore, the importance of this study lies in identifying the legislative risks associated with protecting public funds in national legislation. This is achieved by examining the rules governing public tenders and auctions, as well as tracking public or suspicious funds and the current obstacles to recovering them under existing legislative gaps. Finally, the research is highly relevant as it seeks to trace the legislative factors that created the current status quo and increased corruption opportunities. It analyzes how certain statutory texts have enabled influential figures to amass wealth without achieving the public interest—the very goal assumed by the positive motives behind legislation that has now turned into a loophole for illicit enrichment.