Bribery and Corruption in Public Tenders: What Contractors Must Know Under Bahraini Law
Public tenders in Bahrain represent some of the most valuable opportunities for contractors and subcontractors. Government projects in construction, infrastructure, and real estate development often involve high-value contracts worth millions of Bahraini dinars. However, with opportunity comes risk. Bribery and corruption in public tenders are treated as serious criminal offenses under Bahraini law.
For developers and contractors, even the appearance of misconduct in the tendering process can lead to disqualification, financial penalties, and criminal prosecution. Working with an experienced lawyer in Bahrain ensures that companies understand the rules, comply with regulations, and protect themselves from allegations of corruption.
Our Law Firm Provides Expert Services in Criminal Law.
What Constitutes Bribery and Corruption in Tenders?
Bribery occurs when a contractor or subcontractor offers, gives, or promises something of value to a public official to influence their decision in awarding a contract. In the context of construction and real estate, this may include:
- Paying cash or offering gifts to secure a project award.
- Providing free services or benefits (such as travel or accommodations) to decision-makers.
- Offering inflated subcontracting agreements as a form of kickback.
- Manipulating tender requirements through personal connections or influence.
Bahraini criminal law, together with the Tender Board’s strict regulations, prohibits all forms of bribery and unfair influence in procurement. Both the party offering and the official accepting such benefits face criminal consequences.
Criminal Consequences Under Bahraini Law
- Imprisonment and Heavy Fines
- Contractors, directors, or employees found guilty of bribery may face imprisonment and substantial fines.
- Blacklisting and Tender
Exclusion
- Companies involved in bribery may be blacklisted by the Tender Board, losing access to future government projects.
- Termination of Contracts
- Even after winning a project, contracts obtained through corruption may be cancelled, leading to financial loss and reputational damage.
- Civil and Criminal Liability
for Companies
- Employers may be held accountable for acts committed by employees or subcontractors on their behalf.
- Reputational Harm
- Allegations of corruption can severely damage a company’s ability to partner with international investors and government entities.
Defense Strategies from as one of the Experienced Criminal Law Firms in Bahrain
Why Bribery Risks Are High in Construction and Real Estate
- High Value of Projects – Large infrastructure and real estate tenders attract fierce competition.
- Complex Approval Processes – Multiple layers of government oversight create opportunities for improper influence attempts.
- Subcontracting Chains – Misconduct by subcontractors can create liability for main contractors.
- Cross-Border Partnerships – Foreign investors may inadvertently breach Bahraini anti-corruption laws if unaware of local regulations.
This makes proactive compliance essential.
How Contractors Can Protect Themselves
1. Implement Anti-Bribery Policies
Create internal policies that explicitly prohibit bribery and gifts to government officials. Educate staff and subcontractors about these rules.
2. Draft Clear Subcontractor Agreements
Ensure contracts require subcontractors to comply with Bahraini anti-bribery laws. Liability should rest with the party committing the violation.
3. Maintain Transparent Records
Document all interactions with government officials, including meetings, submissions, and communications. Transparency reduces the risk of false allegations.
4. Seek Legal Review of Tender Submissions
Before submitting bids, engage a law firm in Bahrain to review tender documents and compliance procedures. This ensures alignment with Bahraini criminal and procurement laws.
5. Immediate Legal Response if Accused
If allegations arise, contact an advocate in Bahrain without delay. Early legal intervention is crucial to defending your reputation and preventing business disruption.
Role of Legal Services in Anti-Corruption Compliance
Professional legal services in Bahrain help contractors and developers by:
- Reviewing tender documents for compliance with procurement and anti-bribery laws.
- Drafting anti-corruption policies for contractors and subcontractors.
- Advising on interactions with government officials.
- Representing companies accused of corruption in investigations or court proceedings.
- Acting as trusted advocates in Bahrain to safeguard both corporate and personal liability.
By working with a reputable law firm in Bahrain, companies ensure their tendering processes remain compliant, transparent, and defensible.
In Bahrain, bribery and corruption in public tenders are treated as serious crimes with severe consequences for contractors, developers, and subcontractors. Beyond criminal penalties, companies risk blacklisting, contract termination, and permanent reputational harm.
The safest path is prevention. By implementing strict compliance measures and working closely with a qualified lawyer in Bahrain, construction and contracting companies can pursue public tenders confidently, while avoiding criminal exposure.
At Manal Dhahi Legal Consultants, Attorney & Private Notary, we provide expert legal services in Bahrain to contractors, developers, and subcontractors. With our experienced advocates in Bahrain, we protect your projects, defend your reputation, and ensure your business remains fully compliant with Bahraini tendering laws.
