Insights
Commentary on tender procedures, contract performance and disputes, published with its sources and last review date.
- Tender Process Disputes
Use of the Certificate Where a Commercial Undertaking Holding a Work Experience Certificate Is Converted into a Capital Company
This article examines, through an illustrative case, whether it is possible for a commercial undertaking holding a work experience certificate to be converted into a capital company and for that capital company to participate in a tender, and the circumstances in which this may be possible.
03 October 2023
- Tender Process Disputes
What Is Public Procurement Consultancy? Why Do Contracting Firms Work with Professional Procurement Advisers?
A procurement adviser is a real or legal person, or a law office, specialised in procurement and possessing a degree of experience in the field.
21 September 2023
- Contract Disputes
Failure of the Contracting Authority to State the Stamp Duty and the Public Procurement Authority Levy in the Invitation to Contract
In tenders held under Law No. 4734, the contracting authority conducting the tender sends an invitation to contract to the economically most advantageous tenderer. The invitation to contract also sets out the obligations to be fulfilled in order for the contract to be signed.
07 September 2023
- Tender Process Disputes
May Matters Not Raised in a Complaint to the Contracting Authority Be Raised in an Appeal to the Public Procurement Authority?
As is known, the raising by tenderers, in an appeal to the Public Procurement Authority, of matters not set out in their complaint to the contracting authority has been construed broadly by the administrative courts, and there was settled case-law to the effect that the Authority must also examine the additional grounds raised.
04 September 2023
- Tender Process Disputes
Performance Bonds: Issues and Solutions
Contracting authorities that procure under the Public Procurement Law are vested with powers of sanction, such as forfeiture of securities and debarment from tenders, for the purpose of ensuring that contractors act in accordance with the legislation. In tenders held under Public Procurement Law No. 4734, the amount of the performance bond is calculated, before the contract is concluded, on a monetary value not lower than 6% of the tender price of the tenderer to whom the tender is awarded.
12 August 2023
- Tender Process Disputes
The Procurement Adviser and Their Role in Tender Processes
Procurement advisers are specialists who provide support to undertakings and institutions in tender processes.
07 August 2023
- Tender Process Disputes
Social Security Premium Debt in the Public Procurement Process
This study examines the question of social security premium debt in tenders held under Public Procurement Law No. 4734. In this context, the provisions of the public procurement legislation relating to social security premium debt and various decisions on the subject are examined and their conclusions set out. The study has been prepared on the basis of the legislation in force as at 3 August 2023.
07 August 2023
- Financial Disputes
Tax Debt in the Public Procurement Process
This study examines the question of tax debt in tenders held under Public Procurement Law No. 4734. In this context, the provisions of the public procurement legislation relating to tax debt and various decisions on the subject are examined and their conclusions set out. The study has been prepared on the basis of the legislation in force as at 3 August 2023.
04 August 2023
- Tender Process Disputes
The Use of Graduation Certificates as Work Experience Certificates
Documents evidencing work experience are documents submitted in a tender for the purpose of demonstrating experience previously acquired in the context of similar work, in order to participate in public tenders.
03 August 2023
- Bid Rigging Offences
What Is the Offence of Rigging a Tender? What Should Be Taken into Account?
The offence of rigging a tender consists in causing a tender held by a contracting authority to proceed otherwise than in accordance with the rules laid down in the legislation, or in altering the course of the tender, with a view to obtaining an unlawful gain or advantage.
25 July 2023
- Debarment and Defence
What Awaits Those Debarred from Participating in Public Tenders? What Should Debarred Persons Do?
Debarment from participation in public tenders is the process by which contracting authorities temporarily prevent real and legal persons and their shareholders from participating in public tenders, for the period determined, as from the date of publication in the Official Gazette.
25 July 2023
- Tender Process Disputes
Who Is a Procurement Lawyer? What Does a Procurement Lawyer Do?
The term procurement lawyer, or public procurement law practice, has rapidly come to denote persons appointed as counsel for the purpose of making applications to the Public Procurement Authority and of bringing the decisions of the Authority, or disputes arising from tender procedures, before the administrative courts. In current usage, the term procurement lawyer denotes those who are familiar with the procurement legislation, which is dispersed and complex in nature, and who work on disputes in this field.
21 July 2023