Public Procurement Authority decisions

What procurement procedure must be used for exempt procurement?

The Law confers no discretion on contracting authorities as to whether to conduct exempt tenders under the exceptional procedure referred to above or under the Law.

When is the tender file given to the members of the tender commission?

A copy of the tender file must be given to the members of the tender commission within three days following the notice or the invitation, so that they can carry out the necessary examination.

A letter of guarantee issued in the name of a natural person rather than the legal person taking part in the tender

On examination, the shareholding confirmation certificate in the bid file of the company showed that the individual was one of its shareholders, and the signature circular showed that he was the manager authorised to represent and bind the company.

A new provision has been introduced on the scoring criterion for equal bids in service procurement

Article 63 of the Service Procurement Tenders Implementation Regulation, headed “Equality of bids”, governs what is to be done where, in tenders in which the economically most advantageous bid is determined on price alone, the same lowest price is offered by more than one tenderer.

A regulatory Board decision has opened the way for workers transferred to permanent posts to serve on commissions

Public administrations used to procure services within the scope of personnel-based service procurement (general cleaning, refuse collection, security and the like) from the market under Public Procurement Law No 4734.

Applying the principle of equal treatment when examining abnormally low tenders

In the tender examined, justification was requested from six of the seven bids treated as valid, the commission's decision did not state the reasons why those bids were abnormally low, and the examination was not based on any threshold value.

Are documents not required in the notice or the administrative specification assessed in the tender?

On examining the tender file, Article 2 of the technical specification, headed “General conditions”, provided in Article 2.1 that contractors would declare in their bids the make of each group of vehicles offered, and that the vehicles in each group would be of the same make.

Are increases in work under subcontractor agreements added to the subcontractor work completion certificates to be issued?

Regulatory Board decision No 2020/DK.D-272 has been published by the Public Procurement Authority on whether increases in work under subcontractor agreements may be added to the subcontractor work completion certificates to be issued.

Assessment of occupational health and safety services

A Board decision has been published on whether occupational health and safety services are to be treated, under Decree-Law No 696, as consultancy services or as personnel-based services.

Bankruptcy of a joint venture partner

In recent times, economic uncertainty and increases in exchange rates have caused many contractors working for public bodies to become insolvent.

Board decision on the procurement of electricity

The Public Procurement Authority has published a decision on the determination of the costs included in the unit price bid in electricity supply tenders and on whether electricity may be procured by direct procurement.

Calculating the upper limit of the monetary amount in vehicle hire tenders

The bids submitted by tenderers in the unit price schedule for group 1, group 2 and group 4 vehicles were assessed against the figures published by the association of insurance, reinsurance and pension companies as at January of the year in which the expenditure instructions were given.

Kamu Ihale Kurulu

Candidates and tenderers may not take part in tenders outside the fields of activity stated in their trade registry gazette

Given that, under the legislation, a person must operate in the field covered by the tender in order to acquire the status of a potential tenderer, persons or bodies acquiring the status of tenderer by submitting a bid must first satisfy that condition.

Cases in which a demonstration is not required

It follows from the provisions of the administrative specification set out above that in the tender in question the assessment of whether the equipment offered met the criteria laid down in the technical specification was to be made on the basis of the catalogue, the certificate of conformity with the technical specification and, where considered necessary, a demonstration.

Complaints and appeals lodged by the special partner

The application must be accompanied by the joint venture declaration or agreement and, in applications made by the special partner, also by the document showing that authority to represent has been given to that partner, the documents showing entitlement to make the application, and the original signature circular.

Conditions for assignment of the contract

Within three years following the date on which a contract is assigned, no other contract may be assigned or taken by assignment by the same contractor. The date of assignment is the date on which the deed of assignment is notarised.

Conformity with similar work: the requirement that a technological product experience certificate match the scope of the tender

On assessing the conformity of the technological product experience certificate submitted by the applicant with the subject matter of the tender or the similar work defined by the contracting authority in the tender documents, the similar work defined in Article 7.6 of the administrative specification was a geological and geotechnical survey for planning purposes.

Constituting the tender commission: the qualities required of the financial and technical members

According to the final decision of the tender commission, it was established that a civil servant had served on the tender commission in the capacity of financial member.

Contract and general overheads and the rate of stamp duty

Contract and general overheads consist of stamp duty on the award decision (4.5 per thousand), stamp duty on the contract (7.5 per thousand) and the Public Procurement Authority's share (5 per ten thousand), calculated on the bid price.

Direct procurement: may direct procurement be used without cancelling the tender?

Two different tender dates were stated in the tender notice and the tender specification, the award decision and the records of receipt of the bid envelopes by the tender commission were drawn up by the contracting authority according to those two different dates.