Public Procurement Authority decisions
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- PPA DECISION4734Tender Process Disputes06 October 2025
Which quality standard certificates must not be required in catering procurement?
I. Subject matter of the Public Procurement Board decision. There are certain qualification documents that must not be required in catering service procurement. Requiring the documents listed below leads to cancellation of the tender unless the tender documents are amended.
- PPA DECISION4734Tender Process Disputes29 September 2025
Is there an obligation to identify the economically second most advantageous bid?
I. Subject matter of the Public Procurement Board decision. In practice some contracting authorities do not identify the economically second most advantageous bid in a tender even though there is more than one valid bid. A case on this question is examined through a decision of the Public Procurement Board.
- PPA DECISION4734Tender Process Disputes27 September 2025
Is a problem in accessing EKAP in an electronic tender a ground for cancellation?
I. Subject matter of the Public Procurement Board decision. Tenderers apply to the Public Procurement Authority stating that, because of access problems in electronically conducted tenders, they were unable to prepare their bids and thereby lost rights.
- PPA DECISION4734Tender Process Disputes26 September 2025
May tenderers be excluded from the evaluation on a ground not defined as a qualification criterion?
I. Subject matter of the Public Procurement Board decision. Some contracting authorities require at the tender stage matters not laid down in the tender notice and the administrative specification, and exclude from the evaluation tenderers that do not submit the documents.
- PPA DECISION4734Tender Process Disputes23 September 2025
How is the ratio of the documents showing turnover to be submitted by joint ventures in service procurement determined?
I. Subject matter of the Public Procurement Board decision. A significant proportion of candidates and tenderers taking part in public procurement are excluded from the evaluation because the documents showing turnover, assessed as part of economic and financial standing, are not of the appropriate ratio, particularly in joint ventures.
- PPA DECISION4734Tender Process Disputes22 September 2025
How many times may a corrigendum notice be published and the date of the tender changed in the same tender?
I. Subject matter of the Public Procurement Board decision. It is a frequent situation in procurement that participants apply to contracting authorities in respect of unlawfulness in the tender notice and documents, and that the authorities issue addenda, publish corrigendum notices and change or postpone the date of the tender.
- PPA DECISION4734Tender Process Disputes04 February 2025
May a type A1 authorisation certificate be set as a qualification criterion in tenders?
The contracting authority provided that tenderers would hold the type A1 authorisation certificate issued by the road transport regulator, together with a K1 or K1* authorisation certificate, and would declare the details of those certificates in the qualification information table.
- PPA DECISION4734Tender Process Disputes04 February 2025
Tender documents contrary to the principle of competition and to the savings measures lead to cancellation of the tender
In the provision made by the contracting authority, a requirement was imposed that all vehicles to be hired under the tender (road sweeper, double cab pick-up, light commercial vehicle, saloon car, refuse lorry and minibus) be of at least the 2022 model year.
- PPA DECISION4734Tender Process Disputes23 July 2024
Providing in the tender documents that progress payments and receivables may not be transferred or assigned to others
The appeal to the Public Procurement Authority stated in summary that the provisions in the draft contract conflicted with the provisions of the standard contract and were therefore not in accordance with the legislation.
- PPA DECISION4734Financial Disputes19 July 2024
Even where the duration and quantity of the work decrease, the guarantee and stamp duty are calculated on the bid price
Although the application stated that the quantity of the service would decrease because the commencement date had been postponed and that the contract price and the partial guarantee and other obligations should be recalculated, in the light of the findings made the tenderer's bid price is decisive.
- PPA DECISION4734Tender Process Disputes16 July 2024
Is it possible for the shareholding position to change after the date of the tender?
The appeal to the Public Procurement Authority stated in summary that the bid had been excluded from the evaluation on the ground that the company's shareholding information did not match the information declared, but that changes had been made to the shareholding structure after the date of the tender.
- PPA DECISION4734Financial Disputes25 August 2023
The requirement for contractors to enter a reservation in respect of interim progress payments in construction and service procurement has been repealed
Public Procurement Authority decisions No 2023/Dk.D-208 and No 2023/Dk.D-210 of 16 August 2023 have been published concerning the annulment by the Council of State of the provisions on reservations in respect of interim progress payments in the General Specifications for Construction and Service Works.
- PPA DECISION4734Debarment and Defence24 August 2023
Who takes the debarment decision in municipal companies?
A Public Procurement Authority decision of 16 August 2023 addresses the identification of the body empowered to take a debarment decision where circumstances requiring debarment arise during the procurement procedure or the performance of the contract in tenders held by municipal companies subject to the Public Procurement Law.
- PPA DECISION4734Tender Process Disputes11 July 2023
A provision has been made for direct procurement to be carried out through EKAP
The Communiqué prepared by the Public Procurement Authority in order to lay down the procedures and principles for carrying out electronically the procurement conducted by direct procurement in the cases listed in Article 22 of Law No 4734 was published in the Official Gazette of 11 July 2023, No 32245.
- PPA DECISION4734Tender Process Disputes19 June 2023
An Authority announcement has been published stating that complaints and appeals must be lodged electronically only
An Authority announcement has been published stating that complaints and appeals must be lodged electronically only.
- PPA DECISION4734Tender Process Disputes07 April 2023
Cancellation of a tender on the ground that the necessary conditions of competition did not arise because only one valid bid was received and the discount against the estimated cost was very small
Public Procurement Board decision No 2022/UY.II-1705 of 28 December 2022.
- PPA DECISION4734Tender Process Disputes07 April 2023
Does failure to upload a joint stock company's share register to EKAP lead to the tenderer being excluded from the evaluation?
On examining the current information and documents reflected through EKAP, the times at which the shareholding ratios were reflected were recorded for each shareholder, with ratios of 6 per cent, 14 per cent and 38.33 per cent respectively, all at the same date and time.
- PPA DECISION4734Tender Process Disputes07 April 2023
Does the validity date of documents showing authorised dealership matter?
The date of the tender was 4 March 2014; the authorisation certificate given to one company on 15 October 2014 was not valid as at 17 February 2014, and the authorisation certificate stated to have been given to another company on 1 March 2014 was examined.
- PPA DECISION4734Tender Process Disputes07 April 2023
How are periods not specified in the procurement legislation calculated?
Under Article 64 of the Law, where there is no provision on the calculation of written periods, the provisions of the Code of Obligations apply; the question therefore arises whether the period given to tenderers in a request for samples starts on the date of notification or on the working day following notification.
- PPA DECISION4734Tender Process Disputes07 April 2023
How is it established that a tenderer is a domestic tenderer?
By the tender commission decision of 19 April 2010 the tender was awarded to an agricultural sales cooperative union, and the tenderer, a legal person governed by private law, submitted in its bid file the documents concerning the shareholders, members or founders of the legal person.