Before applying the procurement process of any FIDIC Book, the Employer should always check if there are local procurement rules that also apply. Which one of these responses is correct?
A.
No, because the FIDIC procurement process is universal.
B.
No, because Employers never have specific procurement rules.
C.
Yes, based on the law system, internal governance or type of Employer additional procurement rules can apply.
D.
Yes, but this is only applicable for public entities like governments. If the Employer is a private organisation (like a company), they are free to procure how they want.
Local procurement laws, regulations, and internal governance rules often apply in addition to or alongside FIDIC contract provisions. Employers, whether public or private, must comply with applicable national or sector-specific rules, which may affect procurement procedures, documentation, and contract award processes.
Option C is correct because procurement requirements depend on local legal systems, the nature of the Employer, and applicable governance.
Option A is incorrect as FIDIC contracts provide contractual frameworks but do not override local legal obligations.
Option B is incorrect because many Employers have procurement policies.
Option D is incorrect since private entities may also be subject to procurement laws or internal policies.
[References:, , FIDIC Contract Manager Study Guide, Module on Contract Formation and Procurement Strategies, , World Bank Procurement Guidelines and National Procurement Laws]
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