Frequently Asked Questions
Search a question and read the short, guiding answer with its legal basis.
- FAQ4734Tender Process Disputes31 August 2026
In what circumstances may the tender documents be changed by addendum?
Where the documents need to be changed before the date of the tender or the final date for applications, an addendum may be issued. Where the change affects the preparation of bids, the rules on notification and periods must be complied with.
- FAQ4734Tender Process Disputes31 August 2026
May a very narrow definition of similar work be challenged?
The definition of similar work must be proportionate to the characteristics of the work covered by the tender. Provisions accepting only a single type of work, or very limited experience, may be examined from the standpoint of competition and made the subject of a complaint in time.
- FAQ4734Tender Process Disputes31 August 2026
In what cases is a non-price criterion unlawful?
A non-price criterion must be connected with the nature of the work and capable of objective assessment. Where the scoring method is uncertain, where it gives an advantage to a particular product or firm, or where it unnecessarily restricts competition, its lawfulness must be examined separately.
- FAQ4734Tender Process Disputes31 August 2026
What can be done where the delivery period in the tender documents is unrealistic?
The delivery period must be consistent with the technical nature of the contract work and market conditions. For example, a delivery period of 30 days should not be set for specially manufactured goods whose production or supply takes at least 60 days; otherwise an advantage is given to a firm holding stock.
- FAQ4734Tender Process Disputes31 August 2026
What should a firm do where a qualification criterion narrows competition?
Qualification criteria must be related to the subject matter of the tender, proportionate and not unnecessarily restrictive of competition. Where conditions in fact exclude particular firms or cannot be explained by the nature of the work, the time limit for applying before the date of the tender should be checked.
- FAQ4734Tender Process Disputes31 August 2026
May a document not stated in the administrative specification be required with the bid?
The documents to be required in the qualification assessment must be clearly shown in the tender documents. Requiring later, as a mandatory qualification document, a document not contained in the administrative specification or the relevant provision gives rise to a legal problem.
- FAQ4734Tender Process Disputes31 August 2026
May a brand or model name be stated in the technical specification?
As a rule the technical specification may not be drafted so as to point to a particular brand or model. Where there is a technical necessity and the conditions in the legislation are met, a brand or model or an “or equivalent” provision must be considered separately.
- FAQ4734Tender Process Disputes31 August 2026
What is to be done where the tender notice and the tender documents conflict?
The notice and the tender documents must be consistent. Where a conflict in the documents adversely affects the preparation of bids or competition, a complaint should be made to the contracting authority in time and, if necessary, the conflict should be resolved by an addendum or a corrigendum notice. (See Public Procurement Law No 4734, Articles 13, 24, 26 and 27; Regulation on Applications…