Frequently Asked Questions
Search a question and read the short, guiding answer with its legal basis.
- FAQ4734Tender Process Disputes01 September 2026
May product characteristics be scored as a non-price criterion in supply procurement?
It may be possible to score technical characteristics as a non-price criterion. However, the criteria must be measurable and related to the benefit of the work. Scoring that creates brand dependence, or that is uncertain, may give rise to a legal problem.
- FAQ4734Tender Process Disputes01 September 2026
May the abnormally low tender procedure be applied in supply procurement?
The assessment of abnormally low tenders in supply procurement depends on the tender documents and the method provided for in the legislation in force. The contracting authority must not later apply a method of examination that it did not set out in the documents. The legislation lays down no formula for determining the threshold value in supply procurement.
- FAQ4734Tender Process Disputes01 September 2026
How are requirements for original, equivalent or comparable products assessed?
The concepts of “original”, “equivalent” and “comparable” in the tender documents must be defined by technical criteria. Rather than assessing by brand name alone, performance and conformity criteria must be used.
- FAQ4734Tender Process Disputes01 September 2026
How must the spare parts supply period and stock requirement be set?
The spare parts obligation must be consistent with the economic life of the product and the needs of use. The period, pricing and which parts are covered must be clearly stated in the technical specification and the contract.
- FAQ4734Tender Process Disputes01 September 2026
How may after-sales service and maintenance conditions be required in a tender?
The service network, response time and maintenance conditions must be proportionate to the intended use of the goods. Unnecessary restrictions requiring a particular city or firm may impede competition.
- FAQ4734Tender Process Disputes01 September 2026
How must the guarantee period and guarantee conditions be set out in the technical specification?
The start date, duration and scope of the guarantee and the contractor's obligations in the event of a fault must be clear. Provisions giving rise to uncertain or unlimited liability adversely affect the cost of bids and the performance of the contract.
- FAQ4734Tender Process Disputes01 September 2026
In what cases may a work experience certificate be required in supply procurement?
The contracting authority may require a work experience certificate according to the nature of the goods and the conditions in the procurement legislation. Whether the certificate satisfies the qualification criterion as regards the type of goods, the similar work and the amount is examined separately.
- FAQ4734Tender Process Disputes01 September 2026
How is a domestic goods certificate used in the price advantage?
The domestic goods price advantage is applied according to the conditions in the Law and the Supply Procurement Tenders Implementation Regulation. The validity of the certificate, its correspondence with the product and the rate of the advantage are checked together with the tender documents.
- FAQ4735Contract Disputes01 September 2026
What should a firm do where the delivery period in a supply tender is unrealistic?
The delivery period must correspond to the real steps of the work, such as production, importation, transport and installation. Where an impossible or excessively short period affects the cost of the bid, an application about the documents should be made before the tender.
- FAQ4734Tender Process Disputes01 September 2026
Are catalogues and technical documents treated as qualification documents?
The purpose for which the catalogue or technical document was required matters. Where it was required in order to show the technical conformity of the product, failure to submit it or a deficiency in its content is assessed according to the tender documents and the legislation.
- FAQ4734Tender Process Disputes01 September 2026
Who must carry out the assessment of a demonstration?
A demonstration must be carried out under the responsibility of the tender commission and according to the criteria set out in the documents. Even where technical experts assist, the method and outcome of the assessment must be recorded in a formal record.
- FAQ4734Tender Process Disputes01 September 2026
At what stage may a sample be required in a supply tender?
Whether the sample is to be submitted with the bid or at the evaluation stage must be clearly provided for in the tender documents. Imposing an unforeseen sample requirement later may give rise to a problem of equal treatment.
- FAQ4734Tender Process Disputes01 September 2026
May a brand be named in the technical specification in a supply tender?
As a rule no particular brand or model may be named in the technical specification. Where there is a technical necessity or a special case permitted by the legislation, the reasons and an “or equivalent” approach must be considered separately. (See Public Procurement Law No 4734, Articles 5 and 12; Supply Procurement Tenders Implementation Regulation, Article 14.)
- FAQ4735Contract Disputes01 September 2026
Why do site handover and the work programme matter in a construction contract?
Site handover is the basic document for the actual commencement of the work and for calculating the period. The work programme shows the timing of the works; in disputes over delay, extensions of time and progress payments, the two records are assessed together.
- FAQ4734Tender Process Disputes01 September 2026
In a construction tender open to partial bids, may more than one work experience certificate be aggregated?
In assessing work experience, the rules on a single contract and certificate matter. The total of more than one certificate may be used only where the legislation expressly permits; the fact that partial bids are allowed does not automatically change that rule.
- FAQ4734Contract Disputes01 September 2026
In what circumstances may a subcontractor work completion certificate be used?
A subcontractor is a natural or legal person that carries out part of the contract work by virtue of its nature under an agreement with the contractor. The whole of the contract work may not be carried out by subcontractors. The part of the work carried out by the subcontractor is assessed together with the approved subcontracting arrangement and the certificate.
- FAQ4735Contract Disputes01 September 2026
In what circumstances may an extension of time be granted in a construction contract?
The conditions for an extension of time in construction works must be stated in the tender documents. Where force majeure, the contracting authority's fault or other circumstances that could not be foreseen or prevented affect the duration, an extension may be considered. The effect of the event on the work and whether the contractor gave notice in time matter.
- FAQ4735Contract Disputes01 September 2026
When is a revised unit price applied?
A revised unit price may arise where, for example, the quantity provided for in the contract is exceeded by certain proportions. The calculation is made per work item in accordance with the relevant general specification and the terms of the contract.
- FAQ4735Contract Disputes01 September 2026
Within what limits may the work be increased in a construction contract?
An increase in work arises where, for reasons that could not be foreseen during the contract, an increase in the quantity of the contract work is necessary, the additional work falls within the project underlying the contract, and separating it from the main work is not technically or economically possible without burdening the contracting authority.
- FAQ4734Tender Process Disputes01 September 2026
How are analyses and market rates checked in a construction tender?
Analyses must be consistent with the tender documents and the official sources used as regards quantities, units, market rates and labour elements. Proving the price of an input by document does not remove an error of quantity in the analysis.