Public Procurement Authority decisions
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- PPA DECISION4734Tender Process Disputes04 July 2026
Are additional formal requirements applied to documents that can be verified through EKAP?
Public Procurement Board decision No 2026/UM.I-1686 of 18 June 2026 establishes that additional formal requirements such as a signature or barcode may not be applied to domestic goods certificates that can be verified through EKAP. Documents verifiable from an official database may not be rejected on purely formal grounds.
- PPA DECISION4734Tender Process Disputes04 July 2026
Does the offence of breaking a seal bar participation in public procurement?
Public Procurement Board decision No 2026/UM.I-1656 of 18 June 2026 establishes that final convictions of a company manager, or of shareholders having a dominant influence in the management of the company, arising from their professional activities may have direct consequences for participation in public procurement.
- PPA DECISION4734Tender Process Disputes04 July 2026
May a tender be cancelled where the only valid bid exceeds the estimated cost?
Public Procurement Board decision No 2026/UH.II-1636 of 18 June 2026 establishes that where only one valid bid remains and that bid exceeds the estimated cost, the contracting authority must take into account the public interest, the budget appropriation, the conditions of competition and the principle of the efficient use of resources.
- PPA DECISION4734Tender Process Disputes04 July 2026
May a TS 13075 certificate be required from all partners in a catering tender?
Public Procurement Board decision No 2026/UH.II-1635 of 18 June 2026 establishes that documents relating to quality and standards, such as a certificate of conformity with the TS 13075 standard on general rules for workplaces and foodstuffs transport services, may not be required from all partners in a joint venture in catering service procurement including materials.
- PPA DECISION4734Tender Process Disputes04 July 2026
The error in requests for abnormally low tender justifications in service procurement: uncertainty
Public Procurement Board decisions No 2026/UH.I-1651 and No 2026/UH.II-1627 of 18 June 2026 establish that in service procurement it is not sufficient for requests for abnormally low tender justifications to state only the work items; contracting authorities must specify what is to be explained.
- PPA DECISION4734Tender Process Disputes04 July 2026
Uncertainty as to the daily number of meals may lead to cancellation of the tender
Public Procurement Board decision No 2026/UH.I-1662 of 18 June 2026 establishes that in catering service procurement it is not sufficient to state only the total number of meals; the daily number of meals or the concrete data forming the basis of the bid calculation must be clearly shown in the tender documents.
- PPA DECISION4734Tender Process Disputes26 June 2026
A limit on the required experience of the personnel to be employed in service procurement
Public Procurement Board decision No 2026/UH.II-1486 establishes that the minimum experience required of the personnel to be employed in service procurement may not exceed five years. A requirement of ten years' professional experience in the technical specification was found contrary to the legislation and the tender was cancelled.
- PPA DECISION4734Tender Process Disputes26 June 2026
May a public procurement contract be concluded with a tenderer convicted of causing death by negligence following an occupational accident?
Public Procurement Board decision No 2026/UY.I-1503 establishes that tenderers convicted of causing death by negligence following an occupational accident occurring in the course of professional activity may not, in certain circumstances, conclude contracts in public procurement, including where the conviction is a judicial fine.
- PPA DECISION4734Tender Process Disputes26 June 2026
May an ISO 27001 information security certificate be required in service procurement?
Public Procurement Board decision No 2026/UH.I-1513 establishes that an ISO 27001 Information Security Management System certificate may not be required as a qualification criterion at the bidding stage in service procurement, including call centre services in which personal and corporate data are processed.
- PPA DECISION4734Tender Process Disputes26 June 2026
The legal consequence of a father and son relationship between a substitute member of the tender commission and the special partner of a tenderer
Public Procurement Board decision No 2026/UY.I-1507 establishes that a father and son relationship between a public official serving as a substitute member of the tender commission and a shareholder of a tenderer may result in the bid being excluded from the evaluation and the bid bond being forfeited.
- PPA DECISION4734Tender Process Disputes26 June 2026
Where the R coefficient in the tender documents has been set incorrectly, how is the threshold value calculated?
Public Procurement Board decision No 2026/UH.I-1514 establishes that the R coefficient used in calculating the threshold value in service procurement, and the method of calculation, are of critical importance, even where the R coefficient in the tender documents was not challenged in time.
- PPA DECISION4734Tender Process Disputes11 June 2026
A catalogue not uploaded to EKAP renders the bid invalid
In electronic supply tenders it is not sufficient for catalogues required as a qualification criterion merely to be declared in the participation document. Catalogues and technical documents must be uploaded to EKAP and be accessible and capable of examination.
- PPA DECISION4734Tender Process Disputes11 June 2026
An out-of-date estimated cost changes the outcome of a tender. How can firms notice these errors?
Where the estimated cost in construction tenders is prepared without reference to current unit prices and market rates, this may directly affect the calculation of the threshold value, the assessment of abnormally low tenders and the scoring of non-price criteria.
- PPA DECISION4734Debarment and Defence11 June 2026
Is the guarantee of a firm debarred after submitting its bid forfeited?
The effect on the bid bond of debarment decisions entering into force after a bid has been submitted in an electronic tender is assessed by reference to the date of the electronic bid, the date on which the debarment decision entered into force and the decisions of the Public Procurement Board.
- PPA DECISION4735Tender Process Disputes11 June 2026
May a deduction be made from the performance bond while the contract work is continuing?
In service procurement the performance bond and the progress payment have different legal functions. According to a Public Procurement Board decision, although a deduction may be made from the progress payment for missing or lost materials while the contract is continuing, a provision allowing a direct deduction from the performance bond is another matter.
- PPA DECISION4734Tender Process Disputes11 June 2026
Must the authorised dealer certificate submitted in a tender and the catalogues show the same product?
In supply procurement the makes and models in the authorised dealer certificate and in the catalogues must correspond. Where the make in the certificate differs from the products in the catalogues, authority in respect of the goods offered cannot be proved.
- PPA DECISION4735Financial Disputes11 June 2026
Tenderers should not bid without reading the payment provisions in the draft contract
In service procurement, the payment and progress payment provisions in the draft contract may directly affect the bid price and the contractor's cash flow. Payment periods, accrual procedures and contract provisions contrary to the legislation are assessed in the light of Public Procurement Board decisions.
- PPA DECISION4734Tender Process Disputes11 June 2026
The legal consequence of failing to submit the annexes to an authorised dealer certificate
Whether the failure to upload to EKAP the duty certificates and signature circulars that must be submitted together with an authorised dealer certificate may be made good as a deficiency of information is assessed in the light of Public Procurement Board decisions.
- PPA DECISION4734Tender Process Disputes11 June 2026
Who must carry out the assessment of samples during a procurement procedure?
Who is to assess samples in supply procurement, how sample inspection records are to be drawn up and what must be borne in mind in assessing conformity with the technical specification are addressed in the light of Public Procurement Board decisions.
- PPA DECISION4734Tender Process Disputes11 June 2026
Why does the deadline for final bids matter in a negotiated procedure?
In negotiated procedures the tenderers invited must be given a reasonable period in which to prepare their bids. According to a Public Procurement Board decision, invitations issued very shortly before the deadline for final bids may breach the principle of equal treatment.