Public Procurement Authority decisions
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- PPA DECISION4734Tender Process Disputes07 April 2023
How must the costs of vehicles owned by the tenderer be justified?
Public Procurement Board decision No 2022/UY.I-518 of 20 April 2022.
- PPA DECISION4734Tender Process Disputes07 April 2023
How must the price advantage for domestic tenderers be applied?
The applicant offered domestic goods and submitted a domestic goods certificate, whereas the other tenderer did not offer domestic goods; accordingly, the 15 per cent rate set in the tender documents was first to be added to the price offered by that other tenderer.
- PPA DECISION4734Tender Process Disputes07 April 2023
In a tender by open procedure, may samples be assessed on a date before the date of the tender?
In the supply tender announced as to be conducted by open procedure on 12 July 2006, the contracting authority provided that tenderers' qualification would be assessed by the tender commission on the basis of samples required to be delivered three days before the date of the tender.
- PPA DECISION4734Tender Process Disputes07 April 2023
In continuous service procurement, may a provision be made that acceptance will be carried out monthly as the service is completed?
It follows from the General Specification for Service Works that partial acceptance may not be carried out in continuous service works, and that there is no provisional acceptance in such works.
- PPA DECISION4734Tender Process Disputes07 April 2023
In non-personnel-based service procurement, how are contract and general overheads and the threshold value calculated?
Article 79.3.5 of the Public Procurement General Communiqué provides that in abnormally low tender justifications for non-personnel-based service procurement, contract and general overheads are not to be calculated at 4 per cent; contract costs are to be calculated in accordance with the applicable legislation.
- PPA DECISION4734Tender Process Disputes07 April 2023
In tenders for works not spanning more than one year, must the total appropriation for the work be available to the contracting authority?
The administrative specification and the draft contract contained no payment plan for future years; this is contrary to Article 62 of the Law referred to above, made it impossible to conclude the tender, and required the tender to be cancelled.
- PPA DECISION4734Tender Process Disputes07 April 2023
In tenders not spanning more than one year, may the appropriation set be lower than the estimated cost?
The estimated cost of the work complained of was determined by obtaining quotations from the market, the duration of the work was set in the notice and the administrative specification as 30 calendar days from site handover, and the tender approval document showed that the appropriation allocated for the work was below the estimated cost.
- PPA DECISION4734Tender Process Disputes07 April 2023
In turnkey lump sum construction tenders, is it possible for there to be no implementation project?
In the tender examined, conducted on a turnkey lump sum basis, the contracting authority was required under that provision of the Law to prepare implementation projects; going to tender without preparing them is contrary to Article 62(c) of the Law.
- PPA DECISION4734Tender Process Disputes07 April 2023
In vehicle hire services carried out for the private sector, may the date of the contract be later than the date of the invoices?
On examining the invoices submitted with that contract, certified copies of 17 electronic archive invoices dated between 30 March 2020 and 25 November 2021 were submitted, and the dates of the invoices fell within the contract period stated as 1 March 2020 to 30 November 2021.
- PPA DECISION4734Tender Process Disputes07 April 2023
In what order must the assessment of abnormally low tenders and of non-price criteria be carried out?
In its appeal the applicant argued that the examination of abnormally low tenders should also be carried out after the assessment of non-price criteria.
- PPA DECISION4734Tender Process Disputes07 April 2023
In which cases is a notification made by electronic mail not valid?
The notification made by the contracting authority to the applicant was not sent using the authority's official electronic mail address, and the notification sent by electronic mail on 28 August 2012 was posted by registered mail not on the same day but on 29 August 2012.
- PPA DECISION4734Tender Process Disputes07 April 2023
Is a qualification criterion not contained in the administrative specification taken into account in the tender?
Article 7.5.4 of the administrative specification for that tender made no provision as to the documents stated in the technical specification that the tenderer had to submit with its bid, whereas the tender examined was governed by the provisions of the technical specification.
- PPA DECISION4734Tender Process Disputes07 April 2023
Is a tenderer excluded from the evaluation where no declaration is made on the “shareholder information” line of the “trade registry information” section of the qualification information table?
On examining the company's qualification information table, no declaration had been made on the “shareholder information” line of the “trade registry information” section, which had been left blank, although the company had referred in the table to a trade registry gazette dated 16 January 2017, No 9242.
- PPA DECISION4734Tender Process Disputes07 April 2023
Is an abnormally low tender examination carried out in a tender conducted by negotiated procedure?
It was considered that the bids of tenderers bidding below the undiscounted estimated cost should be treated as valid bids only after an abnormally low tender examination (Public Procurement Board decision No 2012/UH.II-1677 of 9 April 2012).
- PPA DECISION4734Contract Disputes07 April 2023
Is it possible to obtain a certificate by increasing the work through an extension of its duration?
Reading the legislation, the explanations and the relevant provisions together, additional work of up to 20 per cent of the contract price may be ordered, excluding duration, within the framework of the contract and the tender documents, only where unforeseen circumstances arise and an increase in work is necessary.
- PPA DECISION4734Tender Process Disputes07 April 2023
May a requirement be imposed that all vehicles that must be the tenderer's own property be of the latest model?
Public Procurement Board decision No 2016/UH.II-1046 of 13 April 2016.
- PPA DECISION4734Tender Process Disputes07 April 2023
May a tender be cancelled because “new requirements have arisen and routes have been changed”?
During performance of the contract it is possible for routes to be shortened, extended or even discontinued and new routes determined; in other words, the 126 routes set out in the unit price schedule may change during performance of the contract.
- PPA DECISION4734Tender Process Disputes07 April 2023
May a tender be cancelled on the ground that “the successful tenderer will not be able to supply goods conforming to the technical specification”?
Public Procurement Board decision No 2015/UM.II-2712 of 14 October 2015.
- PPA DECISION4734Tender Process Disputes07 April 2023
May a tender proceed without the non-price criteria being set in the approval document?
Under Article 40 of Law No 4734, the economically most advantageous tender may be determined on price alone, or by taking into account, together with price, non-price elements such as operating and maintenance cost, cost effectiveness, productivity, quality and technical value.
- PPA DECISION4734Tender Process Disputes07 April 2023
May a work experience certificate not matching the subject matter of the tender or the similar work be submitted?
The subject of the work completion certificate submitted by the lead partner of the successful joint venture was the disinfection, hygiene and related treatment of neighbourhoods, buildings, homes, workplaces, public transport vehicles, mosques and schools in a district, in order to prevent the spread of the COVID-19 epidemic.