Insights
Commentary on tender procedures, contract performance and disputes, published with its sources and last review date.
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.
21 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.
21 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.
20 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.
20 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.
20 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.
20 May 2026
How Should a Firm Participating in a Tender Verify the Validity Period of the Performance Bond? (Examination of Public Procurement Board Decisions)
The determination of performance bond validity periods in proportion to the duration of the work, the statement of the bond period in the invitation to contract, and the practical effects of Public Procurement Board decisions are addressed.
20 May 2026
Submission by Joint Ventures of Quality and Standard Certificates in a Tender (Examination of a Public Procurement Board Decision)
Whether quality and standard certificates may be required from all members of a joint venture is addressed within the framework of the TS 13075 service competence certificate and the decisions of the Public Procurement Board.
20 May 2026
May Persons Against Whom Criminal Proceedings Have Been Brought Participate in Tenders? (Examination of a Public Procurement Board Decision)
Whether persons against whom criminal proceedings have been brought may participate in public tenders is addressed within the framework of EKAP checks, prohibited acts and conduct, and the decisions of the Public Procurement Board.
20 May 2026
How Are Procurements Through the State Supply Office Carried Out? Risks for Supplier Firms and Public Institutions
The legal risks arising from stock, catalogue and miscellaneous supply procedures, the Health Market, technical specifications and inspection processes in State Supply Office procurements are addressed.
15 May 2026
How Do Contracting Authorities That Determine Non-Price Criteria Incorrectly Restrict Competition in Goods Procurement Tenders?
The incorrect determination of non-price criteria in goods procurement tenders, the way in which competition is restricted through the technical scoring system, and the legal consequences of creating a brand-based advantage are addressed.
14 May 2026
Non-Price Criteria and an Illustrative Application: Elimination in a Goods Procurement Tender Despite the Lowest Price
Non-price criteria scoring in goods procurement tenders, the way in which technical criteria and weighting ratios may alter the outcome of a tender, and the reasons why the lowest tender may be eliminated are addressed.
12 May 2026