Frequently Asked Questions
Search a question and read the short, guiding answer with its legal basis.
- FAQ4734Tender Process Disputes01 September 2026
How is the age limit for vehicles determined in a shuttle service tender?
The age of vehicles must be consistent with safety, technical requirements, the special transport legislation and the duration of the work. A very low age limit, or a provision pointing to a particular model, is problematic from the standpoint of competition.
- FAQ4734Tender Process Disputes01 September 2026
May a requirement be imposed in a vehicle hire tender that the vehicles be the tenderer's own property?
A requirement of ownership must be imposed having regard to the nature of the service and the limits in the public procurement legislation. In works that can be performed with hired vehicles, high ownership ratios unnecessarily reduce competition.
- FAQ4734Tender Process Disputes01 September 2026
Which authorisation certificates may be required in vehicle hire and transport tenders?
A vehicle authorisation certificate must be determined in accordance with the type of activity covered by the tender and the road transport legislation. Requiring certificates unrelated to the work or imposing unnecessarily onerous conditions narrows competition and may lead to cancellation of the tender.
- FAQ4735Contract Disputes01 September 2026
Which records matter during inspection and acceptance in a catering service?
Conformity with the menu, the number of meals, quality, temperature, samples and timely provision of the service must be recorded in formal records. Where a penalty or rejection is to be applied later, the specific breach and the evidence must be clearly shown.
- FAQ4735Contract Disputes01 September 2026
How is the contractor's payment affected if the number of meals changes during the contract?
The effect on the progress payment of a change in the number of meals is determined by the type of contract, the unit prices and the provisions on increase or decrease in work. Any actual change made by the contracting authority must be reflected in written records and progress payment documents.
- FAQ4734Tender Process Disputes01 September 2026
May quality certificates be made mandatory in a catering tender?
Certificates relating to quality and standards may be required where they are related to the nature of the work and within the scope permitted by the legislation. In whose name, in what scope and at which stage the certificate is to be submitted must be clear in the documents.
- FAQ4734Tender Process Disputes01 September 2026
Which works may be treated as similar to a catering service work experience certificate?
The definition of similar work must be connected with the essential characteristics of the catering service covered by the tender. Narrow definitions accepting only a particular firm or method of production are contrary to the principles of competition and proportionality.
- FAQ4734Tender Process Disputes01 September 2026
May a requirement be imposed in a catering tender that the vehicles and equipment be the tenderer's own property?
A requirement of ownership for vehicles and equipment may be imposed only within the nature of the work and the limits of the legislation. Onerous ownership conditions for equipment that could be met by hire or by undertaking may restrict competition.
- FAQ4734Tender Process Disputes01 September 2026
May a requirement be imposed that the catering production site be within a certain distance of the contracting authority?
A requirement as to the production site or distance must be genuinely necessary and proportionate for the uninterrupted performance of the work. Because very narrow geographical restrictions may reduce competition, the reasons for them and the alternatives must be examined.
- FAQ4734Tender Process Disputes01 September 2026
On what principles are samples or food analyses carried out in a catering tender?
The method of taking, storing, delivering and analysing samples must comply with the technical specification and the relevant food legislation. From whom, when and in which laboratory the sample is analysed is particularly important in the event of a dispute.
- FAQ4734Tender Process Disputes01 September 2026
May a document be required as a non-price criterion in a catering tender?
A non-price criterion must be connected with the nature of the work, measurable and with its effect on the outcome determined in advance. The use of a capacity, quality or experience certificate in scoring must be examined together with the rules on competition and qualification.
- FAQ4734Tender Process Disputes01 September 2026
What does preparing an abnormally low tender justification on a sample menu mean?
The sample menu method rests on proving, in accordance with the legislation, the basic inputs for particular days or meals. The menu, quantities and prices must be consistent with the tender documents.
- FAQ4734Tender Process Disputes01 September 2026
On which inputs is an abnormally low tender justification prepared in catering procurement?
In catering procurement including materials, the inputs for which justification is required and the sample menu method are determined according to the special rules in the Public Procurement General Communiqué. The material and labour elements explained must be consistent with the contracting authority's letter.
- FAQ4734Tender Process Disputes01 September 2026
How is the minimum labour cost checked in catering procurement?
The number of personnel to be employed, their working time, wage group and social costs are calculated according to the tender documents. The consistency of the labour cost with the bid and the abnormally low tender justification must also be checked.
- FAQ4734Tender Process Disputes01 September 2026
How must the menu and portion sizes be set out in a catering tender?
The menu, portion sizes and the content of meals must be clear enough to allow the bid price to be calculated. Vague product descriptions, different quality classes or contradictory quantities may lead tenderers to calculate costs differently.
- FAQ4735Contract Disputes01 September 2026
May partial acceptance be carried out in catering service procurement?
Whether partial acceptance is possible is determined having regard to the continuity of the service, the payment structure and the tender documents. In continuous services, any special restrictions in the legislation on partial acceptance must also be checked.
- FAQ4734Tender Process Disputes01 September 2026
How is it ensured that the capacity report in a catering tender is consistent with competition?
The capacity report must be proportionate to the size of the work and the daily production requirement. A capacity requirement that is excessive or excludes particular businesses restricts competition. (See Public Procurement Law No 4734, Articles 10 and 12; Service Procurement Tenders Implementation Regulation, Articles 28 and 41.)
- FAQ4734Tender Process Disputes01 September 2026
How must a business registration certificate be required in a catering service tender?
Where a business registration certificate is required, the field of activity, the address and the connection with the service covered by the tender must be clearly stated in the documents. It must not be left unclear how the tenderer or the production site to be used is to be specified. The stage at which the certificate is to be submitted and whether it can be verified through EKAP must also be…
- FAQ4734Tender Process Disputes31 August 2026
May damages be claimed for an unlawful cancellation of a tender?
A finding that a cancellation was unlawful does not mean that every loss suffered by the tenderers will be compensated. The loss, fault or service fault, the causal link and the judicial route are assessed separately according to the facts. Tenderers that submitted samples or gave demonstrations in the cancelled tender are addressed separately.
- FAQ4734Tender Process Disputes31 August 2026
May a cancelled tender be held again on the same terms?
Where the earlier ground for cancellation related to the documents or the requirement, repeating the same provision in a new tender without remedying that problem gives rise to fresh disputes, to loss to the public purse and to doubts about the authority's reliability.