Public Procurement Authority decisions
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- PPA DECISION4734Contract Disputes05 April 2023
May part of the work be carried out by a person other than a subcontractor without the contracting authority's knowledge?
Article 15 of the Law provides that part of the work may be carried out by subcontractors where this is considered necessary because of the nature of the subject matter of the tender; Article 4 of the General Specification for Construction Works defines the subcontractor and Article 20 of that specification sets out the conditions for acting as a subcontractor.
- PPA DECISION4734Debarment and Defence05 April 2023
May persons debarred from tenders or against whom criminal proceedings have been brought act as subcontractors?
The Law restricts the capacity of tenderers and their representatives wishing to take part in tenders. Persons debarred from participating in tenders and persons against whom criminal proceedings have been brought may not submit bids on their own behalf or on behalf of others and may not act as subcontractors.
- PPA DECISION4734Tender Process Disputes05 April 2023
May requirements that could be met by the open procedure be procured under Article 22(c) of the Law?
Public Procurement Board decision No 2008/UH.III-4226 of 20 October 2008.
- PPA DECISION4734Tender Process Disputes05 April 2023
May the contracting authority cancel the tender without extending the bid validity period?
Public Procurement Board decision No 2014/UH.III-2325 of 11 June 2014.
- PPA DECISION4734Contract Disputes05 April 2023
May the contracting authority request an extension of the bid validity period only from the successful tenderer?
Public Procurement Board decision No 2018/UY.I-945 of 9 May 2018.
- PPA DECISION4734Tender Process Disputes05 April 2023
May two R coefficients be set in the tender documents?
Article 47 of the specification set the R coefficient to be used in calculating the threshold value in two different ways, as 0.71 and 0.82; following complaints by firms about the provisions of the tender documents, the contracting authority issued an addendum on 17 March 2022.
- PPA DECISION4734Tender Process Disputes05 April 2023
What is to be done in joint ventures where the sealed edge of the bid envelope is not signed and stamped?
Public Procurement Board decision No 2022/UY.I-1655 of 21 December 2022.
- PPA DECISION4734Tender Process Disputes05 April 2023
What is to be done where the procurement procedure has been wrongly identified?
Public Procurement Board decision No 2010/UY.I-2225 of 26 July 2010.
- PPA DECISION4734Tender Process Disputes05 April 2023
Which are the principal procurement procedures? May negotiated procedures and direct procurement be used continuously?
Direct procurement and the negotiated procedure are methods to be used by contracting authorities in the cases listed in Articles 22 and 21 of the Law; Article 5 of the Law provides that the open procedure and the restricted procedure are the principal procurement procedures.
- PPA DECISION4734Tender Process Disputes05 April 2023
Which changes to the tender documents may not be made by addendum?
Article 2 of the tender notice published in the Public Procurement Bulletin of 25 January 2008 stated the nature, type and quantity of the service as covering the period 1 April 2008 to 31 March 2010. By the addendum of 20 February 2008 the commencement date of the work was changed to 1 May 2008.
- PPA DECISION4734Tender Process Disputes30 March 2023
Does the ratio of the estimated cost to the threshold value matter in setting the period between the notice and the date of the tender?
The contracting authority's letter of 22 October 2008 to the governor's office stated that the tender notice had to be published once in a local newspaper at least 21 days in advance under Article 13 of the Law, and the notice was accordingly published on 24 October 2008.
- PPA DECISION4734Tender Process Disputes30 March 2023
For what reason and within how many days must a corrigendum notice be published?
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 Defence29 March 2023
Does the offer by another tenderer of a debarred company's product require an administrative sanction?
Even where a person is debarred, another person may offer in a tender the goods produced by that person.
- PPA DECISION4734Tender Process Disputes29 March 2023
Does the threshold value affect whether a tender is open to foreign tenderers?
In tenders whose estimated cost exceeds the threshold value, the tender notice must be published at least forty days before the date of the tender and the tender may not be held open to domestic tenderers only.
- PPA DECISION4734Tender Process Disputes29 March 2023
Does the threshold value change every year?
Article 8 of the Law sets out the threshold values to be used, having regard to the estimated cost, in applying Articles 13 and 63 of the Law; those values are updated every year.
- PPA DECISION4734Tender Process Disputes29 March 2023
Is a tender cancelled if the estimated cost is updated after the tender?
As follows from the legislation governing how the estimated cost is calculated and until when it may be updated, the estimated cost may be updated only up to the date of the first notice or invitation.
- PPA DECISION4734Tender Process Disputes29 March 2023
May internet sources be used in determining the estimated cost?
It appears that the contracting authority also based the unit prices for clothing and materials costs on prices published on various websites.
- PPA DECISION4734Tender Process Disputes29 March 2023
May qualification requirements stated in the technical specification but not in the administrative specification be required in a tender?
Article 7.5.4 of the administrative specification did not state the documents that the technical specification required tenderers to submit with their bids, but Article 7.5.5 addressed documents other than those listed in Article 7.5.4 as qualification criteria in the evaluation of bids.
- PPA DECISION4734Tender Process Disputes29 March 2023
What documents are kept in the tender file?
A separate tender file is opened for each work that is the subject of a tender; that file contains the tender approval document, the estimated cost calculation schedule, the tender documents, the notices where published, the applications or bids submitted by candidates or tenderers, and the notifications made to candidates and tenderers.
- PPA DECISION4734Tender Process Disputes29 March 2023
What is to be done where a provision of the specification is found to be contrary to the applicable laws?
The provision made in the unit price schedule was not consistent with Labour Law No 4857 or with the explanations and calculation method for minimum labour cost in personnel-based service procurement, so that the tender could not be concluded in accordance with the legislation.