Public Procurement Authority decisions
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- PPA DECISION4734Tender Process Disputes12 February 2023
Only electronic bid bonds are to be used in electronic tenders
The detailed amendments to the procurement legislation were published in the Official Gazette of 30 September 2020, No 31260.
- PPA DECISION4734Tender Process Disputes12 February 2023
Partial bids and competition in supply procurement: tender documents not open to partial bids
Under Article 61(4) of the Supply Procurement Tenders Implementation Regulation, tenders consisting of more than one item of goods in which a price advantage is granted in favour of tenderers offering domestic goods.
- PPA DECISION4734Tender Process Disputes12 February 2023
Participating in a personnel transport service tender with a work experience certificate for student transport services
On examination, the document complained of had been issued in respect of a service procurement concerning the transport of primary school pupils, whereas the scope of the tender consisted of the transport of personnel using one minibus, and the definition of similar work in the tender had been framed accordingly.
- PPA DECISION4734Tender Process Disputes12 February 2023
Participating in a vehicle hire tender with a work experience certificate for student transport services
In the work experience certificate dated 19 August 2016 submitted by the tenderer to prove its experience, the name of the work was stated as “procurement of transported education services for primary schools” and the work was defined as transport from 42 settlements to 6 central schools using 62 vehicles.
- PPA DECISION4734Tender Process Disputes12 February 2023
Participation in tenders by those whose social security debt exceeds the threshold
The circular of 19 January 2015 published by the Social Security Institution stated that the upper limit of monthly earnings subject to insurance premium between 1 July 2015 and 31 December 2015 was TRY 8,277.90.
- PPA DECISION4735Financial Disputes12 February 2023
Price adjustment practice under Decree-Law No 696
Provisional Articles 23 and 24 were added to Decree-Law No 375 by Decree-Law No 696 on certain arrangements within the scope of the state of emergency, published in the Official Gazette of 24 December 2017, No 30280, together with the arrangements made under that Decree-Law from 1 January 2018.
- PPA DECISION4734Tender Process Disputes12 February 2023
Principles for determining the unit price of a new work item in construction works
In determining the upper limit value used to set the unit price of a new work item decided upon during performance of a construction contract, the comparable work item taken as the basis must involve proportionally similar quantities of the same materials, labour and machinery and equipment inputs and be comparable in nature and construction technique.
- PPA DECISION4734Financial Disputes12 February 2023
Problems in applying price adjustment under the Board's regulatory decision, and the way to resolve them
In that context the Public Procurement Board published its decision No 2018/DK.D-405 of 25 December 2018 on price adjustment calculations arising from changes in special consumption tax in service and construction contracts, for the period in which Council of Ministers decision No 2018/11818 applied.
- PPA DECISION4734Financial Disputes12 February 2023
Replacing outstanding items at provisional acceptance and the deduction from the progress payment with a letter of guarantee
The final decision resting with the contracting authority, where it is established that this will not impose an additional burden on the authority and will not give rise to loss to the public purse.
- PPA DECISION4734Tender Process Disputes12 February 2023
Rounding errors: which rounding errors may be corrected by the contracting authority
Article 16.5.3 of the Public Procurement General Communiqué provides that calculation differences arising from software rounding in the multiplications and totals of the schedule annexed to the bid letter, prepared using spreadsheet software with electronic tools, may be corrected where they are equal to or less than one thousandth of the total bid price.
- PPA DECISION4734Financial Disputes12 February 2023
Social security or tax debts: where one of the joint venture partners has a tax debt
In Article 2 of the bid letter, the successful joint venture declared that as at the date of the tender it was not, and would not be, in the position of having a finally established tax debt as set out in Article 10(4)(d) of the Law, and that it would not be in that position before the contract was signed.
- PPA DECISION4734Debarment and Defence12 February 2023
Submission of an electronic bid using the e-password of a debarred person
On examination, the tender documents provided that bids were to be submitted as electronic bids through EKAP until the time of the tender, the applicant's name appeared as the bidder on the unit price bid letter, and an electronic bid of TRY 9,703,487.00 was submitted.
- PPA DECISION4735Contract Disputes12 February 2023
Tender documents requiring cancellation: setting out grounds for termination that are not provided for in the Law
Article 7 of the technical specification, headed “Inspection and acceptance”, provided in Article 7.5 that the contractor would continue to provide services from the date of commencement until 31 December 2012, and listed the stations concerned.
- PPA DECISION4734Tender Process Disputes12 February 2023
Tenderers not operating in the field covered by the tender are excluded from the evaluation
Article 137 of Turkish Commercial Code No 6762 of 29 June 1956, headed “Capacity of legal persons”, provided that commercial companies have legal personality and may acquire all rights and undertake all obligations within the scope of the business purpose stated in the articles of association.
- PPA DECISION4734Tender Process Disputes12 February 2023
Tenders in which bids below the threshold value are rejected outright
In tenders whose estimated cost is up to half of the threshold value provided for in Article 8 of the Law, where the tender notice and the tender documents state that bids below the threshold value will be rejected, the bids of tenderers found to be below the threshold value are rejected without any justification being requested.
- PPA DECISION4734Tender Process Disputes12 February 2023
The scope of personnel-based service procurement and call centre service procurement
Article 112 of Labour Law No 4857 contains provisions on severance pay for persons employed in certain public bodies, and addresses the position of contracting authorities in relation to workers employed by subcontractors under Article 62(1)(e) of Public Procurement Law No 4734.
- PPA DECISION4734Tender Process Disputes12 February 2023
The shareholding status certificate and the use of a shareholder's work experience certificate in single-shareholder companies
The public procurement legislation allows engineers and architects to use personally the experience obtained through their graduation certificates, and extends that possibility to a company in which they hold a shareholding of at least 51 per cent.
- PPA DECISION4734Tender Process Disputes12 February 2023
The significance of the estimated cost in exempt procurement under Article 3(g)
Since the estimated cost of the tender was found to exceed the amount stated in Article 3(g) of the Law, it was concluded that conducting the tender outside the Law was contrary to the legislation.
- PPA DECISION4734Tender Process Disputes12 February 2023
Two different Public Procurement Board decisions on the same question in catering procurement: may a limit be imposed on workers over 50?
There are two different Board decisions on upper age limits in catering service procurement, both from 2018.
- PPA DECISION4735Contract Disputes12 February 2023
Use in tenders of subcontractor work completion certificates obtained from assigned contracts
The principles governing assignment of a contract are set out in Article 16 of Public Procurement Contracts Law No 4735, headed “Assignment of the contract”: a contract may be assigned to another party with the written consent of the tender officer in mandatory cases, but the assignee must satisfy the conditions of the original tender.