UPDATE: Kuwait Gazettes Decree-Law 94/2026 Amending the Public Tenders Law

Kuwait has issued Decree-Law No. 94 of 2026 amending Public Tenders Law No. 49 of 2016, published in Kuwait Al-Youm Issue 1810, pages A2 to A5, on Sunday 27 September 2026. The amendments take effect three months after publication, on or about 27 December 2026. WEFAQ reported on the draft when the Council of Ministers approved it on 9 September 2026.

The headline change is the ceiling for contracts that public entities may sign without the Central Agency for Public Tenders (CAPT). It rises from KD 75,000 to KD 1 million, a single deal may not be split to stay under it, and the Council of Ministers may adjust the figure. Standard purchases by Kuwait Petroleum Corporation (KPC) and its wholly owned subsidiaries go to CAPT only above KD 20 million; below that, KPC purchase committees run them under rules set by KPC's board. Oil operations, which the law now defines, stay outside it at any value.

The amended Article 31 bans local agents and commission agents at every stage of public contracting, under rules the Council of Ministers will issue, and repeals conflicting provisions in other laws. The award must go to a small or medium enterprise (SME) whose bid meets the specifications and is priced no more than 10% above the lowest accepted bid. Grievances go to a reorganised committee of five experts: bidders have seven working days to file, and the committee has 30 days to decide and may suspend the tender meanwhile.

WEFAQ's view: the KD 1 million ceiling and the KPC threshold move many contracts outside CAPT, and the agent ban will make contractors, foreign bidders in particular, revisit how they are set up for Kuwaiti public work. Tenders announced before the effective date keep the old rules, except for the SME and product-priority provisions.

Read more: for the full analysis, read our companion blog article: 'UPDATE: What Kuwait's Amended Public Tenders Law Means for Contractors and Suppliers'.

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Source: Decree-Law No. 94 of 2026 amending certain provisions of Law No. 49 of 2016 on Public Tenders, with its explanatory memorandum; Kuwait Al-Youm Issue 1810, pages A2 to A5, dated 27 September 2026.

This article is provided for general information only and does not constitute legal advice. For advice specific to your circumstances, please contact WEFAQ Law Firm.