Public Procurement Authority decisions
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- PPA DECISION4734Tender Process Disputes12 February 2023
Is the bid of a tenderer whose figures in words and numbers do not agree included in the calculation of the threshold value?
The appeal stated in summary that, although a tenderer's bid for lot 1 had been excluded from the evaluation on the ground that the price offered in the bid letter had not been clearly written so that the figures and words agreed, that tenderer's bid had nonetheless been included in the calculation of the threshold value.
- PPA DECISION4734Tender Process Disputes12 February 2023
Is there an exception to the rule that a work experience certificate cannot be used where a sole trader becomes a capital company?
The appeal stated in summary that the construction work for a secondary school, tendered on 21 August 2019, had been awarded to a company which had submitted the work completion certificate of an individual to prove its work experience.
- PPA DECISION4734Tender Process Disputes12 February 2023
Issue of a work receipt certificate for works carried out abroad
Procedures and principles on the issue and use of work completion certificates for works carried out abroad through legal persons and affiliates established or acquired abroad by legal persons formed under Turkish law.
- PPA DECISION4734Contract Disputes12 February 2023
Issue of a work supervision or management certificate to the architect or engineer performing supervision and management duties in construction works terminated and liquidated without fault of the contractor
Architects and engineers performing supervision and management duties in construction works are issued with a work supervision or management certificate under the conditions in Article 44 of the Construction Works Tenders Implementation Regulation.
- PPA DECISION4734Tender Process Disputes12 February 2023
Issue of work experience certificates and the power of foundation universities to issue them
It was established that the university that issued the work experience certificate was a foundation university having public legal personality, established subject to the provisions on higher education institutions.
- PPA DECISION4734Tender Process Disputes12 February 2023
May a decision be taken in a tender without verifying the qualification documents?
Among the documents submitted by the two companies, the authorised dealership certificates issued for certain lighting products and the authorisation certificates issued for another brand of lighting systems were examined as to whether the issuing firms held the relevant rights.
- PPA DECISION4734Tender Process Disputes12 February 2023
May a tender be cancelled on abstract grounds?
In the contracting authority's stated grounds for cancellation, no assessment was made as to which provisions of the technical specification prevented the tender from being completed; the deficiencies and defects of the specification were referred to only in general terms.
- PPA DECISION4734Tender Process Disputes12 February 2023
May a trustee appointed to a municipality cancel earlier tenders without giving reasons?
A tender for the supply of chlorine and dosing pumps was conducted by open procedure on 2 March 2020 by a municipality.
- PPA DECISION4734Tender Process Disputes12 February 2023
May different units of measurement be used in catering tenders?
On examining the technical specification, different units of measurement such as grams, millilitres and cubic centimetres were used in the relevant parts of the specification for milk, fruit juice and ayran; those units cannot always be used interchangeably, because the specific gravity and density of the substances differ.
- PPA DECISION4734Tender Process Disputes12 February 2023
May inspection and acceptance be carried out at the tender stage and by the tender commission?
The technical specifications provided that the catalogues containing the technical information on the equipment to be installed and the kits to be used would clearly state the operating principle and the names of the manufacturers, and that this information would be submitted by the contractors in the tender file.
- PPA DECISION4734Tender Process Disputes12 February 2023
May persons outside the tender commission assess samples in a tender, and who must carry out that assessment?
On examining the sample inspection record of 29 January 2013 in the tender file, it was stated that the sample submitted by the applicant did not comply with the characteristics in Article 5 of the technical specification, and that record had been drawn up by persons not serving on the tender commission.
- PPA DECISION4734Tender Process Disputes12 February 2023
May qualification requirements not provided for in the regulations be required in medical supplies tenders?
A regulatory Public Procurement Authority decision addresses the position that qualification requirements not laid down in the legislation may not be required at the tender stage in medical supplies procurement.
- PPA DECISION4734Debarment and Defence12 February 2023
May the bid bonds of those engaging in prohibited acts and conduct be forfeited?
Persons found to have engaged in the acts or conduct set out in Article 17 of the Law are debarred for a period of not less than one year and up to two years according to the nature of the act or conduct, as are those who, having been awarded the contract, fail to conclude the contract in due form other than in cases of force majeure.
- PPA DECISION4734Tender Process Disputes12 February 2023
May the bid validity period be set at 365 days?
In the tender conducted by open procedure, the bid validity period was set at 365 calendar days, while the letters of guarantee submitted as bid bonds were required to have a validity date no earlier than 10 August 2018.
- PPA DECISION4734Tender Process Disputes12 February 2023
May the commencement and completion dates of the contract work change?
Article 80 of the Public Procurement General Communiqué, headed “Duration of the work, commencement and completion dates in service procurement”, states in Article 80.1 that the commencement and completion dates are regulated in the draft contract in the section headed “Performance of the contract and other matters” of the standard administrative specifications used in service procurement.
- PPA DECISION4734Tender Process Disputes12 February 2023
Missing information on the bid envelope
On examining the tender file, the tender commission decision of 19 October 2016 stated that the name of the contracting authority and of the work had not been written on the joint venture's bid envelope.
- PPA DECISION4734Tender Process Disputes12 February 2023
Must an authorised dealership certificate cover the goods that are the subject of the tender?
The economically second most advantageous tenderer submitted in its bid file, under Article 7.5.2 of the administrative specification, an authorised dealer certificate issued by another company, stating that it was authorised to market and sell the products manufactured by that company.
- PPA DECISION4734Tender Process Disputes12 February 2023
No line opened in the unit price schedule for costs included in the bid price
Reading together the provisions of the administrative specification, the technical specification and the unit price schedule set out above, the material costs stated in the technical specification as to be provided by the contractor included brooms, shovels, mobile containers and refuse bags.
- PPA DECISION4734Tender Process Disputes12 February 2023
No price advantage in favour of domestic tenderers in tenders for high and medium-high technology products
The amendment to Article 63 of the Law was carried into the secondary legislation by the amendment to Article 61 of the Implementation Regulation published in the Official Gazette of 16 August 2014, No 29090; in that context goods on the list of medium and high technology industrial products announced by the Authority each January.
- PPA DECISION4734Debarment and Defence12 February 2023
Officials who fail to apply a debarment decision
Where debarment procedures are not completed in time and do not enter into force, the provisions on disciplinary and criminal liability may be applied to the public officials concerned and responsible.