Insights
Commentary on tender procedures, contract performance and disputes, published with its sources and last review date.
- ARTICLE4734Tender Process Disputes03 June 2026
Two Significant Pitfalls in Catering Service Procurements: the Capacity Report and the Partial Acceptance Error (Examination of Two Public Procurement Board Decisions)
Decisions of the Public Procurement Board concerning the capacity report, reserve kitchen provisions, and the prohibition on partial acceptance in services of a continuous nature in catering service procurement tenders are assessed.
- ARTICLE4734Tender Process Disputes03 June 2026
Verification of the Capacity Report in Catering Service Procurement Tenders and Its Importance (Examination of a Public Procurement Board Decision)
How the capacity report requirement is to be assessed in catering service procurement tenders is addressed within the framework of the calculation of daily meal requirements, the principle of competition, and the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes03 June 2026
In What Manner Is It Possible to Participate in a Service Procurement Tender with a Works Experience Certificate? (Examination of a Public Procurement Board Decision)
Whether a work experience certificate obtained from a works contract may be used in service procurement tenders is assessed within the framework of the definition of similar work, the work management certificate, and the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes03 June 2026
How Is the Minimum Labour Cost Calculated in Student Transport Tenders? (Examination of Two Public Procurement Board Decisions)
How the minimum labour cost for guidance personnel is to be calculated in student transport tenders is addressed within the framework of the EKAP labour cost calculation module, contract costs, and the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes02 June 2026
How Is the Work Experience Amount Calculated in Tenders Open to Partial Tenders? (Examination of a Public Procurement Board Decision)
How the amount of the work experience certificate is to be calculated in tenders open to partial tenders, and the qualification assessment in respect of the parts tendered for, are addressed within the framework of the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes02 June 2026
What Should Tenderers Do About Administrative Errors at the First Session of a Tender? (Examination of Two Public Procurement Board Decisions)
Administrative errors made at the first session of a tender, invitations to submit a final price offer, the assessment of work experience certificates, and the precautions tenderers should take are addressed within the framework of the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes02 June 2026
Why Is Non-Price Criteria Scoring Important for Firms in Tenders? (Examination of Two Public Procurement Board Decisions)
Errors in non-price criteria scoring, the scoring of vehicles owned by the tenderer, joint venture scoring, and practices leading to the cancellation of tenders are addressed within the framework of the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes02 June 2026
Is the B/III Group Entry on a Work Completion Certificate Sufficient in Itself? The Requirement of Conformity with Similar Work (Examination of a Public Procurement Board Decision)
Whether a B/III group entry on a work completion certificate is sufficient in itself is addressed within the framework of conformity with similar work, the assessment of the essential element, and the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes02 June 2026
How Should Foreign Documents Obtained Abroad Be Submitted in Tenders? (Examination of a Public Procurement Board Decision in a Goods Procurement)
The form in which foreign documents obtained abroad are to be submitted in goods procurement tenders, the apostille certification, notarised translation and the rules on the chain of certification are assessed within the framework of the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes01 June 2026
Issues Concerning Guidance Personnel Engaged by the Ministry of National Education Through Service Procurement Tenders, and Proposed Solutions
Issues concerning the job description, working hours, social security notification, price difference and labour rights of guidance personnel engaged by the Ministry of National Education under service procurement tenders, together with proposed solutions, are addressed.
- ARTICLE4734Tender Process Disputes21 May 2026
What Should Be Done Where a Document That Is Not a Qualification Criterion Is Required in a Tender? (Examination of a Public Procurement Board Decision)
Whether documents not included as qualification criteria in the finalised tender documents may subsequently be required is addressed within the framework of the food business registration certificate and the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes21 May 2026
Why Are the Validity Date of the Qualification Document and the Tender Date Important? (Examination of a Public Procurement Board Decision)
The validity of the qualification document as at the tender date, the marketing authorisation certificate, EKAP verification and bid bond procedures are addressed within the framework of the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes21 May 2026
In What Manner May a Person Employed as a Worker Participate in Public Tenders? (Examination of a Public Procurement Board Decision)
Whether persons employed as workers in a public institution may participate in another public tender is addressed within the framework of the employment contract, the duty of loyalty, and the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes21 May 2026
What Should Be Noted Regarding Income Statement, Business Volume and Turnover Qualifications for Participation in a Tender? (Examination of a Public Procurement Board Decision)
How income statement, business volume and turnover qualification criteria are to be assessed in service procurement tenders is addressed within the framework of the calculation of net sales and consistency with EKAP.
- ARTICLE4734Financial Disputes21 May 2026
What Should Medical Firms Note in the Price Difference Provisions of Diagnosis and Treatment Service Procurements Contracted on a Points Basis? (Examination of a Public Procurement Board Decision)
Price difference provisions in diagnosis and treatment service procurements contracted on a points basis are addressed within the framework of the Health Implementation Communiqué score and the Principles on Price Differences Applicable to Service Procurements.
- ARTICLE4734Tender Process Disputes21 May 2026
How Should Business Volume Documents Be Submitted in a Tender Following a Merger or Acquisition? (An Illustrative Public Procurement Board Decision)
Whether, following a merger or acquisition, the acquiring company may use in a tender the business volume documents and turnover figures of the transferring company is addressed.
- ARTICLE4734Tender Process Disputes20 May 2026
The Effect of the Criminal Record Certificate on Participation in Public Tenders: Analysis of a Public Procurement Board Decision
The effect of the criminal record certificate on participation in public tenders is addressed within the framework of the connection with professional activity, the reasoned court decision, and the practice of the Public Procurement Board.
- ARTICLE4734Contract Disputes20 May 2026
What Should a Tenderer Whose Tender Validity Period Has Expired Do When Invited to Contract? (Examination of a Public Procurement Board Decision)
The legal consequences of inviting to contract a tenderer whose tender validity period has expired, of that tenderer uploading documents through EKAP, and of signing the contract with an electronic signature are addressed.
- ARTICLE4735Financial Disputes20 May 2026
May the Right to Object to Progress Payments Be Altered by a Provision of the Draft Contract Contrary to the Current Procurement Legislation? (Examination of a Public Procurement Board Decision)
The inconsistency of former progress payment objection provisions contained in the draft contract with the current General Specifications for Service Works and the standard form of contract, and the effects of that inconsistency on the tender process, are addressed.
- ARTICLE4734Tender Process Disputes20 May 2026
Steps Firms Must Take When Registering Shareholding Details on EKAP (Examination of a Public Procurement Board Decision)
The effects on tender evaluation of inconsistencies between EKAP records and shareholding structure, authority of representation, and central registry and trade registry information in electronic tenders are addressed.