Frequently Asked Questions
Search a question and read the short, guiding answer with its legal basis.
- FAQ4735Tender Process Disputes01 September 2026
Why do timesheet records matter in services with personnel employed?
In services with personnel employed, timesheet, shift and personnel records show whether the service was actually provided. Where a shortfall in personnel is alleged or a deduction is to be made from a progress payment, the records must be consistent and capable of review.
- FAQ4735Tender Process Disputes01 September 2026
Does approval of a progress payment mean that the service has been finally accepted?
Payment of a progress payment is a check of the quantity and price of the work carried out in that period. It does not in every case take the place of final acceptance. Acceptance must be carried out separately in accordance with the relevant regulation and the contract.
- FAQ4735Tender Process Disputes01 September 2026
On which document must a penalty in service procurement be based?
A penalty in service procurement must comply with the tender documents. Penalties are applied within the framework of provisions laid down in advance in the contract and the technical specification. Evidence such as timesheets, control records, shift records or service reports must be consistent with the penalty.
- FAQ4735Tender Process Disputes01 September 2026
What is done where a service is found to be deficient or defective?
The deficiency must be established concretely in a formal record and the correction, penalty or rejection provisions of the contract applied. Instead of a vague assessment, it must be clearly shown which service standard has not been met.
- FAQ4735Tender Process Disputes01 September 2026
Why can partial acceptance not be carried out in continuous services?
In continuous services, particular periods of the work are not treated as independent deliveries. Any special prohibition or restriction on partial acceptance in the legislation applies together with the contract and the nature of the work.
- FAQ4735Tender Process Disputes01 September 2026
May partial acceptance be carried out in service procurement?
Partial acceptance may arise only for independent and severable parts of the service permitted by the legislation and the tender documents. Payment of each monthly progress payment does not on its own amount to partial acceptance.
- FAQ4735Tender Process Disputes01 September 2026
When is acceptance carried out in service procurement?
Acceptance is carried out after the service specified in the contract has been completed and the necessary control documents have been prepared. In continuous works, the monthly progress payment check must be distinguished from final acceptance. (See Public Procurement Contracts Law No 4735, Article 11; Regulation on Inspection and Acceptance in Service Procurement, Articles 8 to 14.)
- FAQ4735Tender Process Disputes01 September 2026
When is the inspection and acceptance commission constituted in service procurement?
According to the nature of the service, control and acceptance are carried out by persons appointed by the contracting authority or by a commission. The appointment must be made before the service is completed and before the supervision records are created. Daily reports prepared by the supervision team are subjected to final review by the commission.
- FAQ4735Tender Process Disputes01 September 2026
May a dispute over inspection and acceptance lead to termination of the contract?
A material and unremedied breach of contract may set the termination process in motion. However, rejection, a warning, the grant of a period and termination are separate acts. Contracting authorities must check the underlying provisions of the legislation before proceeding directly to termination.
- FAQ4735Tender Process Disputes01 September 2026
Do the contracting authority's rights continue if a latent defect appears after acceptance?
In respect of latent defects that could not reasonably be noticed at acceptance, the contract, the guarantee and the general rules of law may apply. When the defect appeared, and whether it existed at the time of delivery, must be determined technically.
- FAQ4735Tender Process Disputes01 September 2026
What information must the inspection and acceptance record contain?
The date of delivery, the quantity, the sample or test method, the technical findings and the commission's decision must be clearly recorded. If a dispute arises later, the record, the laboratory report and the delivery documents together constitute evidence.
- FAQ4734Tender Process Disputes01 September 2026
May acceptance be carried out where an equivalent product or spare part is delivered?
Whether delivery of an equivalent or comparable product is permitted must be established from the tender documents. Acceptance is carried out on the basis of the technical characteristics of the product offered and made the subject of the contract.
- FAQ4735Tender Process Disputes01 September 2026
May a penalty be applied to the contractor where inspection and acceptance are delayed?
A penalty must be connected with the contractor's own failure to perform its delivery obligation in time. Delay by the contracting authority in the inspection process must not be attributed to the contractor; the delivery and commission dates must be recorded separately. The time spent on inspection and acceptance must not be counted against the delivery period.
- FAQ4735Tender Process Disputes01 September 2026
How is a defect appearing during the guarantee period assessed?
Acceptance does not in every case bring the contractor's guarantee and latent defect liability to an end. Whether the fault is due to user error or to a production or delivery defect must be determined by technical examination.
- FAQ4735Tender Process Disputes01 September 2026
Is the contractor given a right of redelivery for goods rejected at inspection?
How many further opportunities to deliver goods are given in respect of goods rejected within the normal delivery period must be stated in the tender documents. The right of redelivery or correction varies according to the nature of the goods and the contract and inspection provisions.
- FAQ4735Tender Process Disputes01 September 2026
What does the contracting authority do where the goods delivered do not conform to the technical specification?
The commission must record the non-conformity, showing the technical provision on which it relies. Whether the non-conformity can be remedied, and the possibility of redelivery or rejection, are determined by the contract and the inspection and acceptance legislation.
- FAQ4735Tender Process Disputes01 September 2026
May partial acceptance be carried out in supply procurement?
Partial acceptance may be considered according to the divisibility of the goods and whether the tender documents permit it. The quantities accepted and rejected must be clearly separated in the records.
- FAQ4735Tender Process Disputes01 September 2026
How is the referee laboratory procedure applied in supply procurement?
A referee or reference laboratory mechanism applies only where there is a basis for it in the relevant product legislation, the specification or the contract. It must be preserved that the sample belongs to the same batch and that the chain of delivery records is maintained.
- FAQ4735Tender Process Disputes01 September 2026
May a further inspection be requested against an adverse inspection result?
The possibility of objection and further inspection is determined by the relevant inspection and acceptance regulation and the terms of the contract. The time limit, the position of the second sample and whether the first sample was retained all matter.
- FAQ4735Tender Process Disputes01 September 2026
Where an accredited laboratory is required, may a private laboratory be used?
Where the specification or special legislation requires a particular accreditation or an official laboratory, the contracting authority must comply with that rule. The scope of a private laboratory's accreditation, its method of analysis and its authority must be checked separately.