Public Procurement Authority decisions
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- PPA DECISION4734Tender Process Disputes12 February 2023
Doubtful sample assessment breaches the principle of reliability and leads to cancellation of the tender
Assessing the whole process together, the decisive element as to whether the applicant's bid was valid was the sample submitted, it was not possible to establish how that sample had been submitted, and a further sample could not be requested.
- PPA DECISION4734Tender Process Disputes12 February 2023
Failure to include all work items in the calculation of the estimated cost
Although the tender file sent by the contracting authority did not contain the implementation project for the construction work, it was understood from the successful tenderer's abnormally low tender justification that the project included three lifts.
- PPA DECISION4734Tender Process Disputes12 February 2023
How does an arithmetical error arise?
When the contracting authority calculated the work items in the unit price schedule, the total on the line for national and public holidays should have been written as TRY 14,017.88 after rounding.
- PPA DECISION4734Tender Process Disputes12 February 2023
How is ownership of the tenderer's own vehicles proved?
The successful tenderer submitted, to prove that the asphalt plant was its own property, a certified public accountant's certification report of 25 July 2013 on the determination of plant, machinery and equipment records, bearing the accountant's stamp and signature and the stamp of the professional union, with no further annex to the report.
- PPA DECISION4734Tender Process Disputes12 February 2023
How is personnel-based service procurement identified?
The gross minimum wage in force on the date of the tender, or a wage set in the tender documents as a percentage above the gross minimum wage (including payments for national and public holidays and overtime), together with any meal and travel benefits in kind and cash meal and travel allowances, are taken into account in calculating earnings subject to premium.
- PPA DECISION4734Tender Process Disputes12 February 2023
How is the assessment to be made where the legislation changes while a procurement procedure is under way?
Since the provisions of the Regulation amending the Service Procurement Tenders Implementation Regulation and the explanations in the Communiqué amending the Public Procurement General Communiqué, published in the Official Gazette of 28 July 2015, No 29428, entered into force on the date of publication, they take effect from that date.
- PPA DECISION4734Tender Process Disputes12 February 2023
How must a demonstration be assessed?
In supply procurement, in order to assess the technical adequacy of the equipment offered, steps such as examining catalogues, evaluating samples and requiring a demonstration may be chosen individually or together, and the accuracy of those steps is verified again at the inspection and acceptance stage.
- PPA DECISION4734Tender Process Disputes12 February 2023
How must non-price criteria be determined?
When technical characteristics are laid down in technical specifications for the goods to be procured, those characteristics must be ones that are strictly necessary in order to obtain the benefit expected from the subject matter of the tender; characteristics not necessary for that benefit may not be required.
- PPA DECISION4734Tender Process Disputes12 February 2023
Impossibility of performance: is above-average rainfall force majeure?
In the stripping works in question, on days outside the period in which the weather is technically unsuitable for work, where rainy weather conditions occurred, the effect on the subject matter of the tender of natural weather conditions outside that period was known both to the contracting authority and to tenderers.
- PPA DECISION4734Tender Process Disputes12 February 2023
In a personnel transport tender, may vehicles registered in a single province be required?
By the provision made by the contracting authority, tenderers were required to purchase vehicles registered in İstanbul of at least 2014 and 2015 model years for the two vehicles that had to be their own property, before the contract had even been awarded to them.
- PPA DECISION4734Tender Process Disputes12 February 2023
In a tender open to partial bids, is the work experience certificate assessed against the total bid price or against each lot?
The appeal stated in summary that the work experience certificate submitted had been assessed against the total bid price for all lots of the tender and found insufficient by the contracting authority, although the tender was open to partial bids.
- PPA DECISION4734Tender Process Disputes12 February 2023
In joint ventures, who must sign the bid letter?
In the case of the applicant, both of whose partners were natural persons, the stamp of the ordinary partnership formed appeared on the bid letter, the annexed unit price schedule and the joint venture declaration, and those documents had been signed by the special partner.
- PPA DECISION4734Tender Process Disputes12 February 2023
In negotiated procedures, what is meant by inviting at least three tenderers?
It was emphasised that in tenders held under Article 21(e) of the Law, where the number of tenderers submitting bids is fewer than three, the tender must be cancelled.
- PPA DECISION4734Tender Process Disputes12 February 2023
In which tenders may companies formed during the year of the tender not participate?
It was established that, to prove the qualification criterion on turnover, an income statement dated 30 September 2016 certified by a member of the profession had been submitted, and that net sales in that statement were stated as TRY 0.00.
- PPA DECISION4734Tender Process Disputes12 February 2023
In which types of catering procurement is the employment of disabled workers mandatory?
Where more than 50 workers are to be employed in service procurement by public administrations, the employment of disabled workers is mandatory; in such tenders the number of disabled workers of 3 per cent or more who must be employed is to be stated in the administrative specification and the unit price schedule.
- PPA DECISION4734Financial Disputes12 February 2023
In which types of service procurement is a price adjustment provision mandatory?
Although the tender in question was found not to be a personnel-based service procurement, the tender documents stated that all costs relating to the personnel to be employed during performance of the work were to be borne by the contractor and were included in the bid price.
- PPA DECISION4734Contract Disputes12 February 2023
Increase in work: may the quantity of work be increased in lump sum supply and service contracts?
As a result of the provision complained of in the technical specification, it was possible that 31 additional meals a day, and 5,580 additional meals until completion of the contract, would have to be supplied.
- PPA DECISION4735Contract Disputes12 February 2023
Is a work experience certificate issued for construction works terminated under Presidential Circular No 2020/5?
By the Presidential circular published in the Official Gazette of 2 April 2020, No 31087, a right of termination was granted in respect of contracts under Article 10 of Law No 4735 and the related legislation because of the COVID-19 outbreak (force majeure).
- PPA DECISION4735Contract Disputes12 February 2023
Is an economic crisis force majeure?
The contracting authority's letter stated that the supply contract had been signed on 5 May 2009, that the goods were to be delivered by 4 June 2009, but that despite the necessary warnings, penalties and a ten day extension of time, the goods to be imported from the People's Republic of China had not been delivered because of the economic downturn and the global economic crisis.
- PPA DECISION4734Tender Process Disputes12 February 2023
Is it possible to submit a photocopy of the trade registry gazette?
The appeal stated in summary that it was not appropriate to exclude the bid from the evaluation on the ground that the trade registry gazette had been submitted without being certified as a true copy, because under the public procurement legislation it can be obtained and verified through the website of professional organisations having the character of a public institution.