Public Procurement

Public procurement system in Afghanistan has evolved from a basic system with no regulation to a tightly regulated system in line with international standards. In recognizing the centrality of a functional public procurement system to a developing economy, the Government of Afghanistan has embarked on an ambitious agenda to reform and reorganize an equitable and transparent public procurement system. As a result, public procurement is an area of critical focus for the government, international financiers, media and the general public.

In additions to the measurable level of progress made on modernizing the institutional architecture of the current public procurement system in Afghanistan, there are multiple impeding factors for contactors and businesses involved with the sector. Working in the sector requires complying with complex regulatory arrangements, as the major service procurers in the sector – the Government of Afghanistan, USAID, Asian Development Bank, the World Bank and the US  Department of Defense follow their own specific rulesand policy guidelines. Such regulation are composed of the following:

  • Afghanistan Procurement Law.
  • Guidelines for Procurement of goods and services under International Bank of Reconstruction and Development (IBRD) and International Development Assistance (IDA).
  • USAID Acquisition Regulation (AIDAR).
  • Procurement guidelines for acquisition of goods and services under Asian Development Bank.

At Kakar Advocates we hold a bottom up understanding of the challenges, complexities as well opportunities in the sector and have established an extensive platform of legal expertise related to public procurement practices. We are particularly proud of the fact, as result of our targeted and specialized services in the sector, our firm’s services were acquired to design and draft the regulation for public procurement in Afghanistan.

Public procurement is also not simply the process of employing a contractor but requires consideration of a wide-range of interconnected legal areas when preparing tender documents, the selection criteria or the competitive bids. Our Public Procurement team is there for supported by specialists in closely linked legal fields, including taxation, contract, mining, and labor law.

We offer multiple public procurement services including:

  • Representation of private sector companies bidding for public contacts.
  • General legal advice on local and international procurement regulations.
  • Analysis of contractual document, preparation of bids and other legal documents relating to public procurement for International Competitive Bidding (ICB) and National Competitive Bidding (NCB).
  • Analysis and preparation of contracts.
  • Support in seeking remedies.
  • Liaising with the relevant public administration authorities.
  • Support in establishing relations within a group of contractors or financing institutions.
  • Support to ensure fulfillment of contractual obligations.

Support to Public sector agencies, development financing institutions and donors procuring goods and services.

  • General legal advice regarding local and international procurement regulations.
  • Structuring the contract awards and projects specification and scoping.
  • Preparing the contractual documents including the draft contract.
  • Organizing public contract awards.
  • Negotiating with bidders and implementing partners.
  • Support in ensuring compliance of the parties to contractual obligations and implementation of the project.