Frequently Asked Questions
Search a question and read the short, guiding answer with its legal basis.
- FAQ4734Tender Process Disputes31 August 2026
When is the final award decision notified and why does it matter?
The final award decision is notified to the tenderers concerned, including the successful tenderer. Because the date of notification is important in many disputes as the start of the complaint period, tenderers should keep the EKAP notification.
- FAQ4734Tender Process Disputes31 August 2026
What happens if the company's shareholding information on EKAP is not up to date?
Shareholding and management information must be kept up to date on EKAP. Because changes not entered in the system may give rise to disputes in qualification or debarment checks, the records should be reviewed before bidding.
- FAQ4734Tender Process Disputes31 August 2026
Must the reasons be notified to a tenderer excluded from the evaluation?
The final award decision must state intelligibly the reason why the tenderer was excluded from the evaluation. The reasoning must be clear enough for tenderers to exercise their right to apply, and the date of notification is taken into account in calculating the time limit.
- FAQ4734Contract Disputes31 August 2026
May a firm be invited to conclude the contract after the bid validity period has expired?
Expiry of the bid validity period is a matter that must be assessed separately during the procurement procedure. The contract stage should not be reached without examining together the contracting authority's request for an extension, the tenderer's acceptance and the guarantee period.
- FAQ4734Tender Process Disputes31 August 2026
Is the bidding period extended where a technical problem occurs on EKAP?
A technical problem does not in every case give rise to an automatic extension. Whether the problem originated with EKAP, the Authority's announcements and the transaction records for the particular tender are examined in order to determine the legal consequence of bidding or postponement.
- FAQ4734Tender Process Disputes31 August 2026
What can be done about an error in the administrative acts at the first session of a tender?
The receipt and opening of bids and the necessary checks at the first session must be carried out in accordance with the legislation. When an error affecting the outcome comes to light, the time limit for applying must be calculated at once and, if necessary, an electronic complaint made to the contracting authority.
- FAQ4734Tender Process Disputes31 August 2026
What happens where the bid letter and the unit price schedule are inconsistent?
The bid letter and the bid schedule are complementary documents. Inconsistencies affecting the amount, the signature or the substance of the bid cannot in most cases be treated as a simple deficiency of information; the nature of the error must be examined on the facts of the particular tender.
- FAQ4734Tender Process Disputes31 August 2026
Why does the EKAP record of a work experience certificate matter in the evaluation of bids?
The type and amount of the certificate showing work experience, the scope of the similar work and the EKAP record are checked together. The existence of the certificate is not sufficient on its own; it must genuinely satisfy the qualification requirement of the tender.
- FAQ4734Tender Process Disputes31 August 2026
How are turnover figures assessed in electronic tenders?
In the turnover criterion, the ratios set in the tender documents and the relevant financial data are used. Where there is an inconsistency between the information declared and the EKAP, tax and document records, the bid may be excluded from the evaluation.
- FAQ4734Tender Process Disputes31 August 2026
How is the bid bond submitted in electronic tenders?
The amount, validity period and form of electronic record of the bid bond must comply with the tender documents. The guarantee details should be checked through the EKAP screen and the bank or institution records before the bid is sent.
- FAQ4734Tender Process Disputes31 August 2026
Why does electronic signature authority matter in an electronic tender?
The person signing the bid or the application must be authorised to act on behalf of the company. Where the EKAP records, the signature authority and the representation documents are not consistent with each other, a risk arises for the bid or the application.
- FAQ4734Tender Process Disputes31 August 2026
Does an error in the participation document (qualification information table) lead to the bid being rejected?
The information in the qualification information table or the electronic participation document is the basis of the contracting authority's qualification assessment. A document not submitted in the tender cannot be completed later. Whether a deficiency of information can be made good must be assessed according to the specific provision of the legislation.
- FAQ4734Tender Process Disputes31 August 2026
How is a bid submitted through EKAP in an electronic tender?
In an electronic tender the bid and participation information are sent through EKAP in accordance with the applicable provisions and within the time limit. No bid may be submitted after the date and time of the tender. Before sending the bid, the qualification information, the electronic signature authority, the guarantee and the bid schedule should be checked one last time.
- FAQ4734Tender Process Disputes31 August 2026
Which time limits must be checked immediately after downloading the tender documents from EKAP?
First, the date of the tender, the final day for a complaint about the documents and the dates of any addenda must be checked. Because the periods for applications about the documents may cause a loss of rights, an application should be made to the contracting authority as soon as problematic provisions are seen.
- FAQ4734Tender Process Disputes31 August 2026
How must the domestic goods and price advantage provision be checked?
The price advantage for domestic goods must be provided for in accordance with the Law and the implementation regulation. The validity of the certificate, the rate of the advantage and the items to which it applies must be clear from the documents.
- FAQ4734Tender Process Disputes31 August 2026
May a qualification requirement not contained in the tender notice appear in the documents?
The matters that must appear in the notice must be consistent between the notice and the documents. The remedy is determined by assessing the effect of any difference between the notice and the specification on the preparation of bids and on competition.
- FAQ4734Tender Process Disputes31 August 2026
How is an error in the unit price schedule assessed?
The work items, quantities and units in the bid schedule must be consistent with the tender documents. Errors that make it impossible to prepare a bid, or that lead tenderers to different pricing methods, must be corrected before the tender.
- FAQ4734Tender Process Disputes31 August 2026
Do provisions of the technical specification that conflict with the estimated cost affect the tender?
The estimated cost is an amount that forms the basis of the tender, affects the evaluation and must be kept confidential until the date and time of the tender. The technical specification determines the nature of the work procured. Although they serve different purposes, they must be consistent.
- FAQ4734Tender Process Disputes31 August 2026
How must a sample or demonstration requirement be set out in the tender documents?
It must be written as clearly as possible at which stage, by whom and against which criteria the sample and demonstration will be assessed. Uncertain criteria, or criteria changed later, may give rise to disputes as to equal treatment and transparency.
- FAQ4734Tender Process Disputes31 August 2026
May the tender documents be challenged after a bid has been submitted?
The periods for applications concerning the provisions of the documents are laid down in the legislation and expire before bids are submitted. The problematic provisions and the final day for applying should therefore be checked as soon as the documents are downloaded.