Which authority issues the local content certificate?
The Local Content and Government Procurement Authority alone issues the local content certificate. The role of the independent auditor, such as HHAB, is limited to auditing the local content ratio prepared by the entity's management and issuing the agreed-upon procedures report required as one of the requirements for obtaining the certificate.
What is the report issued by the independent auditor called?
It is the "agreed-upon procedures report", which contains the factual findings of the procedures performed on the local content ratio, without including an audit opinion or conclusion. The systems of the Local Content and Government Procurement Authority use the word "audit" to refer to this engagement, and HHAB follows the same usage in describing its service, for consistency with the Authority's terminology.
Can the same firm audit the ratio and advise on improving it at the same time?
No. To preserve the independence of the audit work, and in accordance with professional standards, auditing the local content ratio of a given entity may not be combined with advising the same entity on calculating or improving the same ratio at the same time. HHAB therefore separates the independent audit track clearly from the advisory track, and advisory services are provided only to entities that do not engage HHAB to audit their local content.
What are the baseline and its certificate?
The Regulation defines the "baseline" as the local content ratio of the bidder's entity at the time the bid is submitted. The Authority issues an official certificate documenting this ratio once its requirements are met, including the agreed-upon procedures report prepared by an independent auditor approved by the Authority, so that it serves as a reference for measuring progress in subsequent contracts and tenders.
How is the local content ratio calculated?
It is a percentage indicating the amount of spending on Saudi elements (in the workforce, goods and services, assets, and technology) relative to total spending, whether at the level of the entity or of a specific contract. The entity's management calculates this ratio, while the independent auditor audits and verifies it.
What is the difference between the "target local content ratio" and the "minimum local content"?
The target ratio is a commitment made by the bidder to achieve by the end of the contract, while the minimum is a ratio that the procuring government entity requires as a precondition of contracting. The degree of compliance in reaching these two ratios is monitored through the approved phased plan across the stages of contract performance.
What price preference is granted to national products?
Under Article 10 of the Local Content Preference Regulation, national products are granted a price preference by assuming that the price of the competing foreign product is 10% higher, and this percentage may be increased with the approval of the Authority and the competent authority, under the formula set out in Article 11 of the Regulation.
Are there penalties for failing to meet the committed ratios?
Yes. The Regulation provides for a penalty not exceeding 10% of the contract value where the gap between the target ratio and the achieved ratio exceeds 5% (Article 31), and a similar penalty not exceeding 10% of the supply contract value for failing to comply with the share of national products under the mandatory list (Article 29), provided that the total penalties imposed do not exceed 20% of the contract value (Article 34).
Does the Authority require reports to be audited?
Article 21 of the Regulation empowers the Authority to require the audit of the entity's annual periodic report. This is the core of HHAB's service as an independent auditor approved by the Authority, through performing the agreed-upon procedures and issuing the resulting report.
Can HHAB assist in improving the ratio?
Yes, through the separate advisory track, and for entities that do not engage HHAB as an independent auditor of their local content in the same period, preserving the independence of the audit work. For audit clients, the service is limited to performing the agreed-upon procedures on the ratio prepared by their management, without providing improvement recommendations on the ratio under audit.
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Note: The Regulation on Preference for Local Content and Small and Medium Enterprises and the instructions of the Local Content and Government Procurement Authority are subject to periodic update. The information above is provided for general guidance, and the provisions and percentages in force are reviewed specifically at the start of the engagement.