Public Procurement Authority decisions
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- PPA DECISION4734Financial Disputes07 April 2023
May contradictory provisions be included on progress payments?
The draft contract forming part of the tender documents provided that, following verification of the accuracy of the relevant documents, the matter would be referred to the accounting unit of the public hospitals union, and that the invoice and its annexes would be checked and payment made to the contractor within 120 days according to the cash position.
- PPA DECISION4734Tender Process Disputes07 April 2023
May periods be calculated by counting the day on which the act was notified?
It appears that the tender commission included the day on which the letter was notified in calculating the period. Under Article 76 of the Code of Obligations, however, the day of notification must not be included in the calculation of days (Public Procurement Board decision No 2006/UY.Z-468 of 20 February 2006).
- PPA DECISION4734Tender Process Disputes07 April 2023
May tenderers ask contracting authorities to allow them to examine the bids of other tenderers?
As follows from Article 61 of the Law, the disclosure by personnel responsible for conducting the procurement procedure or by consultancy service providers of information and documents relating to tenderers' affairs and to the technical and financial aspects of their bids is addressed in Articles 58 and 60 of that Law.
- PPA DECISION4734Tender Process Disputes07 April 2023
May tenderers make their notifications by fax?
Electronic mail and fax may not be used in correspondence between tenderers and the contracting authority, including abnormally low tender justifications; the successful tenderer submitted its justification by fax and the originals were entered in the authority's records three working days later.
- PPA DECISION4735Tender Process Disputes07 April 2023
May the contracting authority change the contract period after the tender and then conclude the contract?
In its appeal the applicant argued in summary that the contracting authority had unilaterally changed the terms of the contract, that the contract period could not be changed because of the prolonged litigation, and that a change in the contract period would affect the guarantee, stamp duty, the decision stamp and the Public Procurement Authority's share.
- PPA DECISION4734Tender Process Disputes07 April 2023
May the tender documents in supply procurement be drafted so as to prevent certain brands and products from being offered?
Public Procurement Board decision No 2015/UH.III-1690 of 17 June 2015.
- PPA DECISION4734Tender Process Disputes07 April 2023
May the tender documents require “at least one year of call centre experience within the institution” and “re-employment of the personnel employed under previous contracts”?
In that context, the final decision on the personnel to be recruited or dismissed rests with the contractor, but contracting authorities are responsible for ensuring that the personnel to be employed on the work meet the requirements of the service and the conditions laid down by the authority.
- PPA DECISION4734Tender Process Disputes07 April 2023
What is to be done where an electronic bid cannot be submitted because of a failure of the EKAP system?
The tender documents provided that the tender examined would be held on 27 July 2021 at 11.00; on that date the Authority identified technical problems on EKAP between 10.30 and 11.44, so that tenders falling within that period were addressed under the Electronic Procurement Implementation Regulation.
- PPA DECISION4734Tender Process Disputes07 April 2023
What is to be done where it is established that a tenderer obtained the unit price bid letters and schedules of other tenderers?
In the tender examined, it was established that the applicant had obtained the unit price bid letters and bid schedules of two tenderers. The documents submitted to the contracting authority in the sealed bid files of tenderers are confidential under Article 61 of the Law.
- PPA DECISION4734Tender Process Disputes07 April 2023
What is to be done where it is established that officials did not examine abnormally low tenders in accordance with the legislation?
Where abnormally low tender justifications were treated as acceptable in their entirety without any examination and without being assessed by the contracting authority under the Law, the implementation regulation and the explanations in the Public Procurement General Communiqué, the position of the authority's officials under the Law and the related legislation arises.
- PPA DECISION4734Tender Process Disputes07 April 2023
What is to be done where three authorised dealer certificates are submitted instead of the one required, but one of them is unsigned?
The appeal to the Authority stated that each of the authorised dealer certificates submitted by the applicant enabled it to supply all of the goods covered by the tender, and that under the Regulation those goods had to be supplied in conformity with the tender documents.
- PPA DECISION4734Contract Disputes07 April 2023
What must be borne in mind regarding an increase in work in works carried out for the private sector?
On examining the contract and the extension letters for cleaning work undertaken for the private sector, each extension letter was in essence a separate contract, and works not carried out under a single contract cannot be aggregated for the purpose of proving work experience under the procurement legislation.
- PPA DECISION4734Tender Process Disputes07 April 2023
What must tenderers do where contracting authorities fail to perform their duties in concluding the contract?
The applicant's claim that the contracting authority told it that the deadline for signing the contract was 30 June and that, because of the volume of work, it was not possible to assess the documents, is a claim directed at the authority's conduct.
- PPA DECISION4734Tender Process Disputes07 April 2023
Where a person against whom criminal proceedings have been brought holds a minority shareholding, may the company take part in tenders?
Under the second paragraph of Article 59 of the Law, persons against whom criminal proceedings have been brought may not take part in tenders by submitting a bid on their own behalf or on behalf of a legal person or another natural person, and capital companies in which they hold more than half of the capital may likewise not take part.
- PPA DECISION4734Tender Process Disputes07 April 2023
Where documents showing work experience are required as a qualification criterion in supply procurement requiring a special manufacturing process, a production capacity report for the goods must also be required
Where documents showing work experience are required as a qualification criterion in supply procurement requiring a special manufacturing process, a production capacity report relating to the goods procured must also be required together with those documents.
- PPA DECISION4734Tender Process Disputes07 April 2023
Where notification through EKAP is not possible, may notification be made by other means?
It follows from the legislation that notifications by contracting authorities to tenderers and potential tenderers are to be made first through EKAP or by hand against signature, and that where notification cannot be made by those means it must be made by registered post with acknowledgement of receipt or by fax.
- PPA DECISION4734Tender Process Disputes07 April 2023
Where the controlling shareholder of a company taking part in a tender has applied for composition with creditors, are the company and the joint venture excluded from the evaluation?
Under the legislation and the provisions of the administrative specification set out above, the cases in which tenderers are to be excluded from a tender are set out exhaustively, covering those that are bankrupt, in liquidation, whose affairs are administered by a court, that have been declared bankrupt or are subject to a compulsory liquidation order.
- PPA DECISION4734Tender Process Disputes07 April 2023
Where the successful tenderer has applied for composition with creditors but the court has not yet granted it, may the contracting authority conclude the contract with that tenderer?
Reading the legislation and the explanations together, for an undertaking to fall within the expression “declared composition with creditors” in Article 10(4)(a) of Law No 4734, the composition must have been approved by the court.
- PPA DECISION4734Tender Process Disputes07 April 2023
Where the tender documents contain no provision on the assessment of samples, may samples be assessed at the tender stage?
In line with the findings set out, the provisions of the tender documents allowing samples to be requested from tenderers in order to determine the conformity of the goods offered with the technical specification, and providing that tenderers' qualification would be assessed on the basis of the samples submitted.
- PPA DECISION4734Tender Process Disputes07 April 2023
Work completion certificates for works carried out through legal persons and affiliates established or acquired abroad by legal persons formed under Turkish law
Public Procurement Board decision No 2018/DK.D-132 of 12 June 2018.