Public Procurement Authority decisions
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- PPA DECISION4734Debarment and Defence12 February 2023
What action is taken against a tenderer found to have participated with a forged work experience certificate?
Persons found to have engaged in the acts or conduct set out in Article 17 of the Law are debarred from participating in the tenders of public bodies for a period of not less than one year and up to two years, according to the nature of the act or conduct.
- PPA DECISION4734Tender Process Disputes12 February 2023
What are the criteria for establishing whether competition has been achieved in a tender?
Among the principles to be observed in determining qualification under the procurement implementation regulations is that the evaluation criteria and the documents to be required for the purpose of establishing economic and financial standing and professional and technical capacity must not be set in a way that impedes competition.
- PPA DECISION4734Financial Disputes12 February 2023
What are the limits of the contracting authority's discretion in setting the progress payment period?
It was established that the draft contract provided that the progress payment would be accrued within ten days. Under that provision the accrual should have been made within ten days and payment within the following thirty days.
- PPA DECISION4734Tender Process Disputes12 February 2023
What is the exception to completing missing documents?
On examining the documents submitted by the applicant tenderer in relation to that qualification criterion, it had submitted reference lists for 2006, 2008 and 2010 and a further reference list, together with documents setting out the technical characteristics of the engine in question.
- PPA DECISION4734Tender Process Disputes12 February 2023
What is to be done where a Public Procurement Board decision is not implemented by the contracting authority?
On examining the tender file sent by the contracting authority, as stated in Board decision No 2012/UY.II-1261 of 12 March 2012, the authority had not prepared the ordered list of work items or groups and the ordered table of analysis inputs, and the abnormally low tender examination had been carried out on that basis.
- PPA DECISION4734Tender Process Disputes12 February 2023
What must a capital company bear in mind when submitting the work experience certificate of its controlling shareholder?
Where the document submitted by a tenderer to show work experience belongs to a shareholder holding more than half of the shares in the legal person, that shareholder must have held more than half of the shares for at least one year, and a shareholding status certificate evidencing that must be submitted.
- PPA DECISION4735Contract Disputes12 February 2023
Where a contract is assigned under provisional Article 4 of Law No 4735, what happens to the guarantees taken for outstanding items at provisional acceptance?
Although it is provided that on assignment of a contract under provisional Article 4 of Law No 4735 the guarantee of the assigning contractor is to be returned, the question arises whether the letters of guarantee taken in place of the sums withheld for outstanding items at provisional acceptance are to be returned to the assigning contractor.
- PPA DECISION4734Tender Process Disputes12 February 2023
Within how many days must a corrigendum notice be published after an addendum is issued?
Although changes were made by the second and third addenda published on 18 and 22 July 2016 to the scoring of non-price criteria in Article 5 of the tender notice and to the score in Article 2(a) of the notice, no corrigendum notice was published in respect of those matters.
- PPA DECISION4734Debarment and Defence12 February 2023
Your accountant may cause you to be debarred from public procurement
Where documents that place the contracting authority in doubt and affect the award decision are submitted in a tender, tenderers may be debarred. In that context, as regards documents submitted by contractors and drawn up by a member of the profession.