English abstract
This study aims to show the extent of the administration freedom to enter into
administrative contracts and the governing ,principles ,restrictions and ,controls
established by the law to prevent misuse of this freedom and arbitrariness , in order to
preserve public interest and ensure proper direction.
Freedom of administration is not absolute but restricted by law , principles of
publicity, equality ,equal opportunities and liberty of competition which is considered as
strong wall that surrounds the administrative contacting process.Administrative
authority shouldn't exceed these restrictions when making administrative
contract.Moreover ,its obliged to comply with the legal means to select the best
qualified party financially and technically that can achieve the objectives persistently
and regularly.
The importance of legal restrictions of administrative contractual freedom lays
in its relationship with public money which is considered the objective of contractual
process which constitution in all countries preserve from being misused or violated.
The importance of legal restriction is also related to prominent role of
administrative contract as one of the legal means by which the administration achieve
its functions and activities.
Therefore, this study aims to clarify those principles, regulations and restrictions
to reflect them on the practical reality in Oman.
Recommending inclusion of modification which ensure tender act to regulate
administrative contractual processes in the Sultanate according to proper legal
principles to achieve the ultimate goals of tenders law which are securing of public
money, determining aspects of expenditure according to the priorities of public interest.
