Public Procurement Authority decisions
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- PPA DECISION4734Debarment and Defence06 April 2023
In addition to debarring tenderers found to have engaged in prohibited acts and conduct, may their bid bonds also be forfeited?
Persons found to have engaged in the acts or conduct set out in Article 17 of the Law are debarred for a period of not less than one year and up to two years, and those who, having been awarded the contract, fail to conclude the contract in due form other than in cases of force majeure are debarred for not less than six months.
- PPA DECISION4734Tender Process Disputes06 April 2023
Is it possible for a tender not to be cancelled by the tender officer?
Public Procurement Board decision No 2017/UH.II-1645 of 14 June 2017.
- PPA DECISION4734Tender Process Disputes06 April 2023
May a father and son who downloaded the tender documents from the same computer take part in the same tender?
It was established that there was a family relationship (father and son) between the sole shareholder of a company and an individual trader, and that the tender documents obtained by the tenderers had been downloaded from the same IP address, that is to say the same computer.
- PPA DECISION4734Tender Process Disputes06 April 2023
May a person sentenced in relation to professional activities conclude a contract?
Public Procurement Board decision No 2023/UM.II-255 of 1 February 2023.
- PPA DECISION4734Financial Disputes06 April 2023
May a tenderer with a tax debt conclude the contract?
Public Procurement Board decision No 2022/UM.I-1306 of 19 October 2022.
- PPA DECISION4734Tender Process Disputes06 April 2023
May applications be made by fax?
It was established that the applicant sent the complaint and its annexes to the contracting authority by fax on 12 December 2014, but that the originals of that complaint and its annexes were not sent to the authority.
- PPA DECISION4734Tender Process Disputes06 April 2023
May persons against whom criminal proceedings have been brought submit bids?
It follows from the provisions and explanations set out above that persons against whom criminal proceedings have been brought may not take part in the tenders of public bodies within the scope of Public Procurement Law No 4734 from the date on which the proceedings are brought until the conclusion of the trial, and until the judgment becomes final.
- PPA DECISION4734Tender Process Disputes06 April 2023
May the final award decision omit the reason why a bid was not evaluated?
In the final award decision sent to the applicant, the date of posting should have been written as 24 February 2011 but was written as 21 February 2010, and, contrary to Article 41 of the Law, that decision did not state the reason why the applicant's bid envelope had not been evaluated.
- PPA DECISION4734Tender Process Disputes06 April 2023
May the outcome of a tender not be notified to all tenderers? Within what period at the latest must the successful tenderer be invited to conclude the contract?
The tender commission decision of 25 January 2011, taken following a joint venture's complaint, was notified only to the applicant joint venture and no notification was made to the other tenderers; the successful tenderer was then confirmed on 15 March 2011.
- PPA DECISION4734Debarment and Defence06 April 2023
Must the bid of a tenderer found to be debarred because of another tender be excluded from the evaluation at the tender stage?
Even where, after the contracting authority establishes the act or conduct requiring debarment, the provisions of Article 58 of Public Procurement Law No 4734 cannot be applied to tenderers that submitted bids before the debarment decision was published in the Official Gazette.
- PPA DECISION4734Tender Process Disputes06 April 2023
Must the contracting authority reply before the tender to a complaint about the tender documents?
Following a complaint the contracting authority must carry out the necessary examination and take a reasoned decision within ten days; complaints about the tender documents must in principle be concluded before the date of the tender or the final date for applications, and the authority is under a duty to decide and reply within those periods.
- PPA DECISION4734Tender Process Disputes06 April 2023
What are the legal consequences where contracting authorities fail to give reasons in the final award decision?
Public Procurement Board decision No 2018/UH.II-1841 of 10 October 2018.
- PPA DECISION4735Tender Process Disputes06 April 2023
What conditions constitute grounds for assignment of the contract from the contracting authority's standpoint?
In assessing whether an event constitutes a mandatory case for assignment of the contract, the matter must not arise from the grounds expressly regulated in Law No 4735 as requiring termination, and must be something the contractor could not have foreseen even acting as a prudent merchant.
- PPA DECISION4734Tender Process Disputes06 April 2023
What course is to be followed where contracting authorities request missing documents from the successful tenderer in the invitation to conclude the contract?
Public Procurement Board decision No 2022/UH.I-1385 of 9 November 2022.
- PPA DECISION4734Debarment and Defence06 April 2023
What is to be done where both the economically most advantageous and the second most advantageous tenderers turn out to be debarred?
The last paragraph of Article 40 of the Law provides that where, following the verification carried out by contracting authorities in respect of the tenderers identified in the award decision as submitting the economically most advantageous and the second most advantageous bids, both are found to be debarred, the tender is to be cancelled.
- PPA DECISION4734Debarment and Defence06 April 2023
What sanction applies to officials who wrongfully fail to apply a debarment decision?
Where debarment procedures are not completed in time and do not enter into force, the provisions on disciplinary and criminal liability may be applied to the public officials concerned and responsible, and the matter is referred to the body to which the contracting authority is attached.
- PPA DECISION4734Debarment and Defence06 April 2023
When the contract is concluded, is the debarment check also carried out for the special partner of a joint venture and for the person submitting the bid?
Public Procurement Board decision No 2015/UH.III-1221 of 29 April 2015.
- PPA DECISION4734Tender Process Disputes06 April 2023
Where the commencement and completion dates of the work are fixed, how is the contract price determined if the procurement procedure is prolonged?
The draft contract provided that, in works with fixed commencement and completion dates, where the contract cannot be signed and the work begins late because of the evaluation of bids or complaint procedures, the completion date remains fixed and the quantity of work to be carried out may therefore decrease.
- PPA DECISION4734Tender Process Disputes05 April 2023
In service procurement, is it possible not to examine bids below the threshold value as abnormally low?
On examination, Article 33 of the administrative specification, headed “Threshold value”, provided that justification was to be requested under Article 38 of the Law from tenderers whose bids fell below the threshold value, and the tender commission carried out an assessment against the estimated cost and the other bids.
- PPA DECISION4734Tender Process Disputes05 April 2023
May changes that alter the estimated cost be made by addendum?
Given that the addenda issued during the procurement procedure were capable of changing the estimated cost, and that a change of an amount that cannot be determined may be decisive for the outcome of the tender.