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Australia-UAE Comprehensive Economic Partnership Agreement

Annex 15a: Schedules of the Parties, Part B - Schedule Of United Arab Emirates

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Part B: Schedule of the United Arab Emirates [DOCX 50 KB]

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Section A – Central Government Entities

Central Government Entities which procure in accordance with the provisions of this Chapter.

Thresholds:

All Goods: Threshold: SDR 134,000
All Services: Threshold: SDR 134,000
All Construction Services: Threshold: SDR 5,844,000

List of Central Government Entities:

  1. Ministry of Energy and Infrastructure
  2. Ministry of Culture
  3. Ministry of Interior
  4. Ministry of Education
  5. Ministry of Health
  6. Ministry of Industry and Advanced Technology
  7. Ministry of Finance
  8. Ministry of Economy
  9. Ministry of Human Resources and Emiratisation
  10. Ministry of Justice
  11. Ministry of Climate Chane and Environment
  12. Ministry of Community Development
  13. Ministry of Federal National Council Affairs
  14. Vice President Office for Political Affairs
  15. Emirates School Establishment
  16. Emirates News Agency
  17. Federal Geography Information Center
  18. General Sports Authority
  19. Ministry of Tolerance
  20. Federal Authority for Identity, Citizenship, Customs & Port Security
  21. National Counselling Center
  22. UAE Space Agency
  23. General Authority of Islamic Affairs and Endowments
  24. The Federal Authority for Government Human Resources
  25. National Anti-Money Laundering and Combatting Financing of Terrorism
  26. Federal Tax Authority
  27. UAE Media Council
  28. Ministry of Investment
  29. Federal Judicial Office

Note to Section A:

  1. If any federal entity which is not listed in the Schedule of Section A, deploys Digital Procurement Platform, that federal entity shall be deemed to be included in the Schedule of Section A.
  2. List of entities excluded from this chapter:
    1. Ministry of Defence and Armed Forces;
    2. UAE Security Authorities; and
    3. Federal Entities engaged by international agreements or obligations related to Procurements carried out by such entities;

Sub-central government entities which procure in accordance with the provisions of this Chapter:

Not applicable for the United Arab Emirates

Other Entities which procure in accordance with the provisions of this Chapter:

Not applicable for the United Arab Emirates

Section B – Goods

This Chapter applies to all goods excluding those specified under Section E.

Section C – Services

This Chapter applies to all services listed in the UAE's schedule of specific commitments provided for under Annex 9D (Schedule of Specific Commitments – Schedule of UAE) of Chapter 9 (Trade in Services).

Section D – Construction Services, Construction Projects And Contracts

For the UAE construction services, construction projects and contracts are excluded from this Chapter.

Section E – General Notes

  1. This Chapter shall not cover the following procurement:
    1. Procurements of a military or security nature made by the Ministry of Interior or any Federal Entity of a security or military nature, approved by the Minister or head of the relevant Federal Entity;
    2. Procurements of the UAE's representative missions abroad
    3. Procurements executed outside the UAE for the purpose of usage abroad;
    4. Procurements related to establishing, furnishing and equipping Government offices abroad;
    5. Procurements related to medicines and medical supplies;
    6. Public-private partnerships (PPP) contracts between Federal Entities and the private sector classified as a "partnership project" and are subject to the provisions on partnership projects pursuant to the relevant regulating legislations;
    7. Rent and Procurement of lands and buildings, and sale, destruction and disposal of assets and inventory, that are subject to the relevant regulating provisions and policies;
    8. Investments carried out by authorised Federal Entities pursuant to the relevant regulating provisions and legislations, which aim to achieve a commercial return or financial profit for the Federal Entity, other than to secure the needs and business of the Federal Entity, including the Procurement and sale of stocks, bonds, currencies, etc; and
    9. Financing and guaranteeing granted by authorised Federal Entities pursuant to the relevant regulating provisions and legislations;
  2. There are some privileges that are binding by law for certain categories such as:
    1. Small & Medium Enterprises (SME)
      Based on Federal Law No (2) of 2014 on Small and Medium Projects and Enterprises, and Cabinet Resolution No (35) of 2016 on the Executive Regulations of Federal Law No (2) of 2014 on Small and Medium Projects and Enterprises, and Cabinet Resolution No (1) of 2022 on the digital procurement policy, an additional ten percent (10%) score preference will be granted to SMEs in their final evaluation.
    2. In-Country Value (ICV) certification holders 
      Based on Cabinet Resolution No. (72) of 2021 regarding the National Value-Added Program, and the digital procurement procedures manual, twenty-five percent (25%) of the evaluation score will be based on the Supplier’s National In-Country Value (ICV) certificate, in accordance with the National In-Country Value (ICV) guidelines.

Section F – Threshold Adjustment Formula

United Arab Emirates shall calculate and convert the value of the thresholds under Chapter 15 (Government Procurement) into Emirati Dirham (AED) using the conversion rates published by the International Monetary Fund in its monthly International Financial Statistics.

Section G – Publication of Information

  1. Electronic or paper media utilised for the publication of laws, regulations, general application, and procedures regarding government procurement covered by this Agreement pursuant to Article 15.6 (Publication of Procurement Information):
     
    1. Laws and regulations - https://mof.gov.ae/federal-procurement-ar/
    2. Digital Procurement Platform - https://mof.gov.ae/government-procurement-operations/; and
    3. Supplier Registration: https://mof.gov.ae/supplier-registration-in-federal-supplier-register/

Section H – Minimum Time-Periods

  1. Digital Request for Information
    As a part of the RFI process, the Federal Entity grant to Suppliers the following minimum deadlines to submit their proposals:

    Estimated Contract ValueMinimum Response Time for Suppliers
    Less than AED 300,0003 working days
    Between AED 300,000 to AED 2 Million6 working days
    More than AED 2 Million10 working days
  2. Digital Request for Proposal
    As a part of the RFP process, the Federal Entity grant Suppliers the following minimum deadlines to submit their proposals:

    Estimated Contract ValueMinimum Response Time for Suppliers
    Less than AED 300,0005 working days
    Between AED 300,000 to AED 2 Million10 working days
    More than AED 2 Million15 working days

    The minimum time for Suppliers to provide responses during the tender shall be 5-15 working days, depending on the estimated Contract value, from the date the tender is published (excluding the date of publication).

    Suppliers’ responses submitted as part of their proposal shall be final and binding for a period of at least 90 calendar days.

  3. Contracting 
    Procurement unit shall forward the Contract to the Supplier within 10 working days of the notification of the award. The Supplier shall be provided 10 working days to sign the Contract digitally.
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