Government Entities
Ministries, public agencies, municipalities, and government commissions issuing tenders under the Government Procurement Bylaw No. 8 of 2022.
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Abdullah & Partners advises on tender and RFP matters in Jordan, including documents, bonds, complaints, contracts, guarantees, payment disputes, attachments, and arbitration.
Tendering and procurement in Jordan split across three procurement tracks. Each has its own legal source and procedural mechanics. Tap a card to jump to that section.
Public-sector procurement under the Government Procurement Bylaw No. 8 of 2022, run day-to-day on JONEPS. Open, limited, two-stage, and other recognised methods.
Tenders run by private banks, hospitals, developers, universities, and corporates. Governed by the tender documents themselves, the Civil Code, and the Commercial Law.
Solicitations used where technical solution, methodology, and team are evaluated alongside price. QCBS, QBS, FBS, LCS evaluation methods.
Tenders, RFPs, and procurement in Jordan generally fall into two tracks. Government tenders are governed by the Government Procurement Bylaw No. 8 of 2022, as amended by Regulation No. 15 of 2022, and the Government Procurement Procedures Instructions 2022. Private tenders and RFPs are governed by the tender documents, the Jordanian Civil Code, and commercial law for commercial transactions.
Tendering and procurement in Jordan involve legal and commercial decisions at every stage. Reviewing tender documents and evaluation criteria, providing a bid bond, submitting a technical and financial proposal, filing an objection, signing the contract, and managing payment, delivery, guarantees, and disputes are all stages where small details can have significant consequences for a bidder or a contracting entity.
This guide is written for readers dealing with tenders and RFPs in Jordan, including foreign bidders entering the Jordanian market, suppliers, contractors, consultants, companies preparing technical and financial proposals, and private hospitals, developers, banks, universities, and commercial entities that issue or respond to tender and RFP documents.
This guide covers government tenders and public procurement, private-sector tenders, RFPs, bid bonds and performance guarantees, evaluation and award issues, objections and procurement complaints, contract execution, payment and delivery disputes, arbitration, and enforcement.
Abdullah & Partners advises on tender and RFP matters in Jordan, including documents, bonds, complaints, contracts, guarantees, payment disputes, attachments, and arbitration.
Public-sector procurement in Jordan operates through a regulated public procurement framework, an electronic platform that delivers it day-to-day, and a defined set of tender mechanics that apply across most contracting entities. Bidders dealing with the Jordanian public market typically work within the same documents, deadlines, evaluation criteria, and complaint routes regardless of which ministry or public institution is issuing the tender. Understanding how the framework is structured, where its main obligations fall on bidders, and which timelines control the process is the starting point for any meaningful participation.
The framework operates through procuring entities, procurement committees, the relevant official procurement authorities, and the Jordanian National Electronic Procurement System, known as JONEPS. JONEPS is the day-to-day platform through which the framework runs. Bidders register on it, contracting entities publish opportunities through it, tender documents are downloaded from it, bids are submitted electronically, and notifications, clarifications, and addenda are routed through it.
The Government Procurement Procedures Instructions 2022 provide operational rules for how the Bylaw is applied in practice, including procedural steps, forms, guarantees, and related procurement administration.
The framework covers most central-government ministries, public institutions, and a number of municipalities and other entities brought within its scope. While the practical detail varies by sector, the underlying tender logic is largely the same.
The legal regime for private-sector tenders is different in important respects, including the source of the rules, the evaluation flexibility, and the available dispute paths. Section 3 deals with private tenders separately. This section addresses public procurement only.
Public tenders in Jordan are issued under several recognised methods, used in different situations:
Opportunities published on JONEPS and open to any qualifying bidder.
A defined shortlist of bidders is invited to submit, typically where prior qualification or specialisation is required.
Used for complex requirements where the technical solution is shaped first and the financial terms are settled in a second stage.
Used for lower-value purchases under defined conditions.
Used in narrowly defined cases such as urgency, single-supplier capability, or specific national-interest situations.
Used to set up multi-call procurement at agreed terms over a defined period.
Used in defined situations to lower price after technical qualification.
Used in particular fields such as architectural or planning work.
Tender documents typically include the instructions to bidders, the technical specifications, the draft contract, the evaluation criteria, and the deadlines for clarifications and submission. Reading these carefully before deciding to bid is one of the most important commercial decisions in any tender.
Eligibility and classification rules apply to many opportunities. Certain works tenders require Jordanian classification at a specified grade, certain supply tenders require sector-specific licensing, and certain consultancy tenders require professional registration. Foreign bidders typically participate either directly where permitted, through a Jordanian agent, or in a joint venture with a locally classified partner.
Bids are submitted electronically through JONEPS by the closing date and time. Late submissions are not accepted. Many tenders, particularly those involving technical evaluation, use a two-envelope structure separating the technical proposal from the financial proposal, opened and assessed in sequence.
Technical evaluation is conducted by a designated committee against the criteria disclosed in the tender documents. Bidders that fail the technical threshold do not proceed to financial evaluation. Financial evaluation typically applies a defined weighting between technical score and price, with the award made according to the evaluation method disclosed in the tender documents.
Clarifications and addenda issued during the bid period form part of the tender documents. Bidders are bound by them and must build them into their submissions. Where a bidder submits a clarification request, the contracting entity typically circulates the answer to all bidders to preserve equal treatment.
Award proceeds in two steps. The contracting entity issues a preliminary award decision, and a defined window allows other bidders to file objections before the award becomes final. Once final, the successful bidder is called to sign the contract within the period stated in the documents.
Where required by the tender documents, a performance bond is provided at or before contract signature. It typically sits at no less than ten percent of the contract value. A bidder that fails to provide the performance bond can lose the award, and the bid bond may then be called.
Contract execution covers the operational life of the contract, including variations, advance payments, payment milestones, retention amounts, the defects-liability period, and tax and customs touchpoints where applicable. These are commercial terms set in the contract document and managed through the contracting entity's operational procedures. Early issues during execution are often easier to address before they crystallise into a formal payment or delivery dispute.
Objections are filed first, with the contracting entity itself, within a short window measured in working days from the relevant decision. Common objection grounds include errors in evaluation, unequal treatment of bidders, departures from the disclosed criteria, and procedural defects in the opening or scoring process.
Complaints are filed next, with the procurement complaints review body, typically against a fee. The body has a defined window in which to issue a decision. Where the complaint succeeds, possible outcomes include cancellation of the contested decision, a reissue of the relevant step, or a binding instruction to the contracting entity.
Where the contracting entity's decision survives the internal objection and complaint stages, judicial review remains available through administrative litigation before the Administrative Court, with appeal to the Higher Administrative Court.
Several specialised tracks sit alongside the general framework. Public works tenders rely on the same Government Procurement Bylaw and the Procedures Instructions 2022, with sector-specific instructions on technical aspects of design, execution, supervision, and operation. Defence and security procurement is governed by a specialised chapter inserted into the amended Procurement Bylaw, and this page only mentions it briefly. Procurement under the public-private partnership framework is addressed separately under its own statute, and is touched on in Section 5 together with other special procurement regimes.
Private tenders in Jordan operate on a different basis from government tenders. They are not subject to a single procurement statute. Instead, they are run primarily on the strength of the tender or RFP documents themselves, with general statutory law setting the limits and filling the gaps. Bidders responding to a private tender, and contracting entities issuing one, work within the documents the issuer has prepared, the underlying Civil Code framework, the commercial-law overlay where the transaction is commercial in character, and any sector-specific rules that apply to the subject matter.
Private tendering in Jordan is contractual at its core. Typical issuers in this space include private banks, hospitals, real-estate developers, universities, large corporates, and NGOs.
The tender or RFP documents and the contract that follows are the central operating framework. The Civil Code and the commercial-law overlay fill the gaps and set the outer limits.
Compared with public procurement, private tendering offers greater flexibility on process, evaluation, and post-award negotiation. There is no JONEPS analogue. Remedies on disputes are routed through the ordinary courts or through arbitration, depending on what the contract provides, rather than through the Bylaw's two-stage objection and complaint system. The rest of this section sets out the legal points that most often matter in this space.
The legal effect of a private tender or RFP document depends on its own wording. Private tender and RFP documents are often structured as invitations for offers, while the bidder's submission is commonly treated as the offer, unless the wording of the documents creates a different legal effect. Reading the documents carefully before responding is the key first step.
Bid-validity periods bind the bidder once stated. Evaluation criteria are set by the issuer, and bidders are entitled to evaluation against the criteria the documents disclose.
Common reservation-of-rights clauses appear in most private RFPs, such as the right to accept any bid, the right not to award to the lowest bidder, the right to negotiate with any bidder, and the right to cancel at any stage. These clauses are generally enforceable, subject to good-faith limits.
Where the RFP is presented on a take-it-or-leave-it basis with no real ability to negotiate, ambiguous clauses may be construed in favour of the responding bidder, depending on whether the document falls within the relevant Civil Code rules on adhesion-style terms.
Where the underlying transaction is commercial in character, the Commercial Law overlays the Civil Code defaults. Typical examples include the supply of goods or materials, manufacturing, transport, brokerage, and works-contracting agency.
Trade custom matters in commercial transactions, with special and local custom prevailing over general custom on matters of usage.
Commercial contracts can be proved by any means, including correspondence, accounting records, witnesses, and the parties' conduct of dealing. This is a practical advantage in tender and supply disputes where written documentation is incomplete.
Joint and several liability is presumed for commercial co-debtors and for sureties of a commercial debt. This is directly relevant to consortium bidders and to commercial sureties and co-obligors, who may be pursued together with the principal obligor depending on the instrument and applicable law.
Bid bonds and performance guarantees in private tenders are contractually defined and less standardised than their public-procurement equivalents. The terms sit in the documents the issuer prepares.
Typical instruments include bank guarantees, parent-company guarantees, escrow arrangements, retention from interim payments, performance bonds, advance-payment bonds, and defects-liability or maintenance bonds. Issuers often combine several of these, especially in works and high-value supply contracts.
Set-off rights are common where the contracting party owes the supplier on another transaction.
Where payments fall into dispute, two practical attachment tools may matter. Precautionary attachment may be available before judgment to secure assets pending resolution. Executive attachment operates after a judgment or enforceable instrument and may reach assets or receivables held by third parties for the debtor.
Private tenders allow more flexibility on evaluation, award, and negotiation than government tenders.
Common practices include two-envelope opening (technical and financial), technical-financial weighting set in the documents, shortlists, best-and-final-offer rounds, and conditional awards. Conditions often include board approval, financing close, regulatory licence, or completion of due diligence. Post-award negotiation on scope, schedule, payment milestones, or warranties is also common before formal contract signature.
Variation orders and change-control mechanics are set in the contract itself, not by statute.
Where the underlying procurement falls within a regulated sector, sector-specific rules apply alongside the contractual framework.
Practical examples include medical devices and supplies (registration and circulation rules under the Jordan Food and Drug Administration), construction and building works (national building rules and contractor classification), and other regulated sectors such as energy, utilities, food, pharmaceuticals, and education, where additional sector rules may apply.
Foreign bidders, joint-venture structures, and signing-authority issues may add a corporate or licensing layer, depending on the activity and the role performed in Jordan. Where a foreign company is awarded a tender or contract that requires it to carry out work in Jordan, it may be required to register as an operating foreign company or branch with the Companies Control Department before performing the contract. Additional zone-specific or sectoral licensing may also apply depending on the project location and activity.
Corporate authority and signing authority for the bidding entity are a separate compliance layer. Confirming who can validly sign the bid, the bid bond, and the resulting contract is best done in advance of submission.
Disputes in private tenders are resolved through the Jordanian courts or through arbitration, depending on what the contract provides. Where the contract names arbitration, the practical drafting points include the seat of arbitration, the language of the proceedings, the institutional rules (or an ad-hoc framework with a named appointing authority), and the law governing the merits.
Court procedures relating to arbitration in Jordan are set out in the Arbitration Law. Annulment of an arbitral award and enforcement of a Jordanian-seated award are handled directly before the Court of Cassation under the Arbitration Law. Procedural assistance during the arbitration, such as the appointment of an arbitrator on default, is the province of the competent Court of Appeal.
Attachment and enforcement tools may matter at the payment-dispute stage, both before judgment and after.
A request for proposal, or RFP, is a solicitation document used by a contracting entity to invite proposals against a defined scope. It is a procurement tool rather than a separate legal regime in Jordan. Where the RFP is issued by a public body, the public-procurement framework set out in Section 2 applies. Where it is issued by a private entity, the contractual and commercial-law framework set out in Section 3 applies. This section addresses the document itself.
Several solicitation forms are used in Jordan, and the right one depends on what the contracting entity is buying:
| Form | When used |
|---|---|
| Tender | The umbrella process; can be open, limited, two-stage, or another recognised form. |
| Request for proposal (RFP) | Used where the contracting entity wants to evaluate technical solutions, methodology, and team alongside price. Common for consultancy, IT systems, design, and complex services. |
| Request for quotations (RFQ) | Used for standard goods or services where price is the primary driver and the requirement is well defined. |
| Invitation to bid (ITB) | In some markets a label for an open tender; in Jordanian practice the term “tender” is more common. |
RFPs are typically used in Jordan for:
The common thread is that the “how” of delivery matters as much as the “how much”. Where an RFQ would be appropriate for a routine purchase, an RFP gives the contracting entity room to weigh quality, methodology, and team before settling on price.
A typical RFP document in Jordan contains:
Each section of the RFP becomes evaluation-relevant once the bidder responds. Where the RFP states a minimum technical score, a maximum page count, or a specific format for financial pricing, those statements function as conditions for evaluation. Bidders that disregard them risk disqualification or scoring penalties.
The technical proposal addresses methodology, the proposed team and their qualifications, deliverables, schedule, and quality assurance. The financial proposal addresses the pricing structure, currency, applicable taxes, payment milestones, and any reimbursable costs.
Many RFPs in Jordan separate technical and financial proposals, either electronically or physically, especially where technical scoring is completed before financial evaluation. The technical proposal is assessed first, and the financial proposal is opened only for bidders that pass the technical threshold.
The most common evaluation methods used for RFPs in Jordan are:
Combined technical and financial weighting, with the weighting disclosed in the RFP. Common in consultancy procurement.
Technical merit only; price is negotiated with the highest-scoring bidder.
The best technical proposal within a stated budget.
The lowest qualifying price among technically compliant proposals.
Clarifications and addenda issued by the contracting entity during the bid period form part of the RFP and bind both sides. Where the RFP permits best-and-final-offer rounds after shortlisting, the equal-treatment expectation that applied to the original evaluation continues. Post-shortlist negotiation should be documented carefully, since it modifies the contract that follows the award rather than an abstract proposal.
The dispute themes most often seen in RFP work in Jordan are:
Tender and procurement work in Jordan operates within a network of statutes. The Government Procurement Bylaw No. 8 of 2022 is the central instrument; ten further laws and bylaws touch the practice at specific points.
No. 8 of 2022
The central framework for public-sector procurement: methods, bid bonds, evaluation, award, complaints, and JONEPS administration.
Reg. No. 15 of 2022
No. 9 of 2024
No. 19 of 2023
No. 12 of 1966
No. 25 of 2007
No. 43 of 1976
No. 24 of 1988
No. 31 of 2001
No. 13 of 1987
No. 22 of 1997
Public procurement crosses every sector of the Jordanian economy. The Tenders & RFPs practice advises the following participant categories in bidding, contract negotiation, dispute, and post-award compliance.
Ministries, public agencies, municipalities, and government commissions issuing tenders under the Government Procurement Bylaw No. 8 of 2022.
Mixed-capital and state-participated companies, including utilities and statutory bodies running commercial procurement.
Civil works contractors, infrastructure firms, and joint-venture consortiums bidding under FIDIC and the Construction Contractors Law.
Industrial, medical, IT, and logistics suppliers providing goods, equipment, and consumables under the Code of Commerce.
USAID, EU, World Bank, GIZ, and UN agencies funding Jordan projects under donor procurement rules parallel to local law.
Registered associations and non-profit companies bidding on donor-funded and government RFPs under the Law on Associations.
Engineering, management, technical, and policy consulting firms responding to RFPs for advisory assignments.
Licensed banks and insurers issuing bid bonds, performance guarantees, and advance-payment guarantees under the Banking Law.
Not every procurement project in Jordan fits neatly within the public-procurement framework or the private-tender framework. Some projects sit under their own statute, financing rules, sector regime, or concession structure.
Public-private partnership (PPP) projects in Jordan operate under their own legal and procedural framework, distinct from the general public-procurement track. Typical features include pre-qualification of bidders, tendering of the project right, allocation of risks between the public and private sides, government support arrangements, and long-term concession-style obligations. PPP procurement decisions are primarily shaped by the PPP statute and bylaw, while the general procurement framework may remain relevant where applicable.
Many projects in Jordan are funded in whole or in part by external lenders or donors. The procurement process for these projects may differ from the standard Jordanian framework.
Donor-funded procurement may be subject to the procurement rules, conditions, or standards of the donor or financing institution where the financing agreement or government obligation requires this, while Jordanian legal, licensing, tax, regulatory, and Civil Code issues may still remain relevant.
UN agencies, development agencies, and international organisations operating in Jordan often run procurement under their own institutional rules. Bidders responding to such procurements work within those rules at the procurement stage, while Jordanian licensing, tax, regulatory, and Civil Code issues may still apply at the local level. Reading the procurement notice and the institution's standard terms before bidding is the practical starting point.
Long-term operating rights and public-service arrangements in fields such as utilities, transport, or specific public-service segments may follow a concession-style structure. Depending on how the arrangement is set up, it may sit under the PPP framework, under sector-specific concession rules, or under contractual terms specifically negotiated with the public counterparty.
Hybrid projects in fields such as energy, utilities, transport, hospital management, or university partnerships often combine public-sector procurement, private financing, and sector regulation in a single structure. Regulatory licences and sector rules can affect the tendering process and the implementation phase. Unlike ordinary private tenders where a sector rule applies on top of the contract, these projects may be structured from the outset as public-private or regulated hybrid arrangements.
The practical questions most often raised by bidders and contracting entities in Jordan, organised as quick reference points. The questions are deliberately practical rather than legal in tone, and each answer stands on its own.
Before committing time or money to a tender, bidders should check the scope and value of the opportunity, the eligibility category, any classification grade required, and the calendar window for clarifications and submission. JONEPS registration and a preliminary conflict-of-interest screen are also worth doing early, since issues at this stage can affect whether the bid is accepted or evaluated.
Before submission, bidders should confirm document completeness against the checklist in the documents, verify that the bid bond is correctly drafted and within validity, separate technical and financial proposals where required, and check that the person signing the bid holds proper corporate authority. A short pre-submission review against the original requirements often catches avoidable errors.
The most common bid-bond problems are bonds that have already expired, bonds issued by a bank not on the contracting entity's accepted list, bonds containing conditions outside what the tender requires, and bonds whose validity period does not match the bid validity period. Each of these can lead to disqualification even where the underlying bid is otherwise strong.
The basic safeguards are practical. Read the documents and any addenda carefully before pricing the bid, follow the technical specifications and the financial format exactly, build clarifications into the proposal as they are issued, and keep the technical and financial proposals strictly separate where two envelopes are required. Most disqualifications stem from one of these points.
Recurring red flags include ambiguous specifications, evaluation criteria that could shift after submission, eligibility rules so narrow that they appear written around a specific bidder, unrealistic deadlines, vague payment terms, and the absence of a workable dispute-resolution clause. Spotting these before submission allows a clarification request or a decision on whether the opportunity is commercially and legally worth pursuing.
Evaluation criteria are applied as disclosed in the tender or RFP documents. Bidders should design their technical and financial proposals to map directly onto the disclosed scoring approach, monitor any clarifications or addenda that affect scoring, and avoid offering a solution shaped for a different methodology. Where weighting is disclosed, the proposal should reflect that weighting rather than the bidder's own preferences.
Objections to the contracting entity must be filed within a short window measured in working days from the relevant decision. If the response is unsatisfactory, complaints may then be filed with the procurement complaints review body, against a fee, within a further short window. The body issues its decision within a defined period. Missed deadlines can be difficult to cure and may prevent the challenge from being considered.
Before signature, the successful bidder should confirm the performance-bond requirement, the advance-payment terms, the liquidated-damages cap, the payment schedule, the dispute-resolution clause, the choice of governing law, and any tax or regulatory clearances triggered by the contract. Issues raised before signing are easier to settle than the same issues raised later.
These disputes most often arise from incomplete documentation supporting an invoice, unclear acceptance criteria for a delivery or milestone, late or partial deliveries, scope changes that were never reduced to a proper change order, and disagreements over set-off between amounts owed in either direction. Most are decided on what the contract says and what each side actually did.
Arbitration becomes relevant when the contract names it as the dispute path. Attachment becomes relevant when a payment dispute calls for securing assets, either before or after a judgment or enforceable instrument exists. Enforcement becomes relevant when a judgment or arbitral award is in hand and the prevailing party needs to convert it into actual recovery.
Short pointers to the main legal areas a reader is likely to encounter when looking at a tender or an RFP in Jordan.
The Government Procurement Bylaw and the Procedures Instructions framework set the rules for most public-sector procurement.
The Civil Code provides the underlying framework for contract formation, performance, and remedies in private tenders and RFPs.
The Commercial Code overlays the Civil Code where the underlying transaction has a commercial character.
The Civil Procedure Law governs urgent and pre-judgment measures, and the Execution Law governs post-judgment enforcement.
The Arbitration Law provides the framework for arbitration in Jordan, including annulment and enforcement of awards.
Abdullah & Partners advises on tender and RFP matters in Jordan, including government procurement, private-sector RFPs, bid bonds, procurement complaints, procurement contracts, guarantees, payment disputes, attachments, and arbitration. These matters may arise at different stages, from reading tender documents through evaluation, award, contract execution, and dispute resolution, in both public-procurement and private-sector contexts.
This work may include:
Reviewing tender and RFP documents, identifying risk, and drafting clarification requests.
Bid bonds and performance guarantees, including bond drafting points and bank or parent-company structures.
Procurement objections and complaints, including filings to contracting entities and to the procurement complaints body.
Procurement contracts, including supply, construction, and services agreements, and post-award change-control.
Foreign bidders, joint ventures, and signing-authority matters at the bid and contract stages.
Payment, delivery, and guarantee disputes during contract execution.
Attachment, enforcement, and arbitration in tender-related matters, including precautionary and post-judgment routes.
Each engagement is shaped by the specific tender or RFP documents, the deadlines that apply, and the parties involved. The starting point is usually a careful review of what is in the documents and what the contract or framework actually requires.
The primary statutory and institutional references underlying the topics in this guide are listed below by category. Some official sources are available only as Arabic-language PDFs (marked AR).
This page is provided for general legal information only and does not constitute legal advice. Tender and RFP issues in Jordan should be assessed based on the relevant documents, facts, deadlines, and applicable law. Specific situations should be reviewed on their own particulars before any decision is taken.
Maintained by the Tender and RFP team of Abdullah & Partners, admitted to the Jordanian Bar Association. Last reviewed: May 2026. Next scheduled review: November 2026.
Abdullah & Partners is a law firm in Jordan, based in Amman, providing legal services in accordance with the laws of Jordan, the Jordanian Bar Association Law, and international conventions in force.
Established in Amman · Member of the Jordanian Bar Association
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