Frequently Asked Questions
Search a question and read the short, guiding answer with its legal basis.
- FAQ4735Tender Process Disputes01 September 2026
To which laboratory may a sample of goods be sent?
The choice of laboratory must be made in accordance with the contract, the technical specification and the relevant product legislation. The laboratory must have the authority and technical competence for the analysis required, and impartiality and the chain of custody of the sample must be preserved.
- FAQ4735Tender Process Disputes01 September 2026
How must a sample be taken in supply procurement?
The method of taking samples must comply with the technical specification, the relevant standard and the inspection and acceptance legislation. The quantity, packaging, sealing and record of the sample and the identity of the person taking it must be recorded so as to be capable of subsequent review.
- FAQ4735Tender Process Disputes01 September 2026
How is the inspection and acceptance commission constituted in supply procurement?
Inspection and acceptance are carried out by the authorised commission appointed by the contracting authority. There must be a match between the duties, expertise and independence of the commission members and the technical nature of the goods delivered. In inspections of supplies, the technical specification, the sample and delivery records, the sealing and chain of delivery and the commission…
- FAQ4734Debarment and Defence01 September 2026
How does debarment of a shareholder or manager affect the company?
The effect of debarment on the legal person, the shareholders and the managers varies according to the shareholding ratio, the power of management or representation and the relevant provision of the Law. The trade registry and shareholding records must also be checked as at the date of the decision.
- FAQ4734Debarment and Defence01 September 2026
Does the opening of a criminal investigation into a prohibited act suspend the debarment decision?
Administrative debarment and criminal investigation are separate legal processes. The evidence in the criminal file may be relevant; however, the administrative authority must also have regard to its own findings and to the time limits in the Law.
- FAQ4734Debarment and Defence01 September 2026
May a stay of execution be requested in respect of a debarment decision?
A stay of execution may be requested together with the action for annulment. The court assesses whether consequences such as being unable to take part in continuing tenders amount to damage that is difficult to make good, and whether the act is manifestly unlawful.
- FAQ4734Debarment and Defence01 September 2026
May an action be brought against a debarment decision?
A debarment decision is an administrative act and may be the subject of an action for annulment before the administrative courts. The time limit runs from publication of the decision in the Official Gazette. It is important to seek legal assistance without letting the time limit pass.
- FAQ4734Debarment and Defence01 September 2026
Must a defence be taken before a debarment decision?
The scope of the right to be heard is assessed according to the nature of the debarment and the underlying legislation. So that the contracting authority can establish the act correctly, it is important that the contractor's or tenderer's explanations and documents are in the file.
- FAQ4735Debarment and Defence01 September 2026
Must a debarment decision be published in the Official Gazette?
A decision debarring a party from tenders enters into force on publication in the Official Gazette. Debarment decisions are published and recorded in accordance with the procedure in the Law. The consequences of the decision as regards its entry into force and third parties are checked through the publication and notification records.
- FAQ4735Debarment and Defence01 September 2026
Within what period must a debarment decision be taken?
Following establishment of the act giving rise to debarment, the act must be performed within the special periods laid down in the Law. The date of establishment and the dates of the decision and of publication must be clearly determined in the file.
- FAQ4735Debarment and Defence01 September 2026
Which authority takes a debarment decision?
The power of debarment is exercised, according to the contracting authority, by the ministry, related institution or competent authority designated in the Law. An act performed by an authority lacking power is a ground of unlawfulness.
- FAQ4735Debarment and Defence01 September 2026
How is the period of debarment from tenders determined?
The period of debarment is determined within particular ranges according to the legal nature of the act and the relevant article of the Law. The contracting authority's discretion in setting the period is assessed by reference to the gravity of the case, proportionality and the periods laid down in the Law.
- FAQ4734Debarment and Defence01 September 2026
Is the bid bond always forfeited where a prohibited act is alleged?
Forfeiture of the guarantee does not follow in the same way on every allegation of debarment. Whether the Law attaches an express consequence for the guarantee to the act in question, and the tenderer's position in the procurement procedure, must be checked separately.
- FAQ4734Debarment and Defence01 September 2026
Where the agent bidding on behalf of a company is debarred, is the company also affected?
The capacity and authority in which the debarred person acted on behalf of the company matter. The relationship of representation, the debarment record and the provisions of the Law on the direct or indirect participation of debarred persons are examined together.
- FAQ4734Debarment and Defence01 September 2026
What action is taken where a forged or misleading document is submitted?
Conducting public procurement electronically has systematically reduced the incidence of forged documents. Allegations of forgery are, however, still encountered in documents that cannot be verified through EKAP, such as certain private sector work completion certificates or documents in abnormally low tender justifications.
- FAQ4734Debarment and Defence01 September 2026
Is transacting from the same IP address in an electronic tender a ground for debarment?
The same IP address may be an important indication, but it should not in every case be regarded on its own as conclusive proof of a prohibited act. The relationship between the companies, the times of the transactions, the devices used and the content of the bids are assessed together.
- FAQ4734Debarment and Defence01 September 2026
Are firms alleged to have acted together in a tender automatically debarred?
An allegation of concerted action must be supported by concrete indications and documents. A commercial relationship or similar bidding behaviour alone may not be sufficient. The preparation of bids, communications and control links are therefore assessed as a whole.
- FAQ4734Debarment and Defence01 September 2026
What are the prohibited acts and conduct under Law No 4734?
The prohibited acts and conduct in a procurement procedure are listed in Article 17 of the Law. However, administrative sanctions may not be applied to tenderers without first examining whether the act in question truly falls within the definition in the Law. Tenderers alleged to have committed an offence within the scope of prohibited acts should seek legal assistance without delay.
- FAQ4735Tender Process Disputes01 September 2026
How are inspection and acceptance carried out after goods are delivered?
The goods delivered are examined by the authorised commission as to quantity, technical characteristics, samples, documents and the terms of the contract. The decision to reject or accept must rest on concrete findings and records, and a test method must be applied where necessary.
- FAQ4734Tender Process Disputes01 September 2026
How are the limits of partial bids determined in a supply tender?
The items or groups for which partial bids may be submitted are clearly shown in the tender documents. Combining in a single package products with no necessary technical connection to each other may be problematic from the standpoint of competition.