Insights
Commentary on tender procedures, contract performance and disputes, published with its sources and last review date.
- ARTICLE4734Contract Disputes19 September 2024
How Are Tenderers Invited to Contract to Provide the Performance Bond?
As is known, the performance bond is the security taken in order to ensure that the contract signed by the contractor is performed in accordance with the tender documents. In works tendered on the basis that a price difference will be paid, it is also the additional security taken at a rate of 6% of the amount to be paid as a price difference, where an increase occurs in the contract price.
- ARTICLE4734Debarment and Defence21 December 2023
Officials of Contracting Authorities Who Fail to Carry Out Debarment Checks Commit an Offence
Debarment from tenders is a sanction imposed by judicial authorities or contracting authorities that prevents the persons concerned from participating in tenders for a specified period. Debarment imposed by judicial authorities applies to real persons, while debarment imposed by contracting authorities applies to real and legal persons and to the controlling shareholders of capital companies.
- ARTICLE4734Tender Process Disputes19 December 2023
Pitfalls in Tenders for the Procurement of Kits Together with Devices Supplied Against Kits
Tenders for “the procurement of kits together with the temporary supply of devices against kits” are generally held by provincial health directorates and universities. Tenders of this kind may be defined as “the delivery of kits to the contracting authority in accordance with the work programme, and the maintenance in working order, at the authority's facilities for the duration of the contract…
- ARTICLE4735Contract Disputes14 December 2023
Resolution of Disputes Between Contractors and Construction Supervision Officers
It cannot be said that the tender documents prepared by contracting authorities in works contracts are complete in every respect. Many tender documents are cancelled by the Public Procurement Authority while still at the tender stage, on the ground that they have been prepared with deficiencies and defects, or are made the subject of a corrective action decision requiring their amendment. In most…
- ARTICLE4734Tender Process Disputes08 December 2023
Adding an Overseas Trip at the Contractor's Expense to the Tender Documents
Contracting authorities using public resources are able to include, in the tender documents they prepare for the works they will carry out, provisions to the effect that the contractor will bear the costs of an overseas trip. Such a situation may be construed as the expenditure of public resources for personal benefit. It also becomes impossible for the authority's personnel to take decisions in…
- ARTICLE4734Tender Process Disputes07 December 2023
Shareholding Ratios Not Uploaded to EKAP Cannot Be Completed After the Tender
Where capital companies participate in a tender without having uploaded their shareholding details to EKAP, they are excluded from the evaluation on the ground of missing documentation.
- ARTICLE4734Tender Process Disputes03 October 2023
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.
- ARTICLE4734Tender Process Disputes21 September 2023
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.
- ARTICLE4734Contract Disputes07 September 2023
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.
- ARTICLE4734Tender Process Disputes04 September 2023
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.
- ARTICLE4734Tender Process Disputes12 August 2023
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…
- ARTICLE4734Tender Process Disputes07 August 2023
The Procurement Adviser and Their Role in Tender Processes
Procurement advisers are specialists who provide support to undertakings and institutions in tender processes.
- ARTICLE4734Tender Process Disputes07 August 2023
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…
- ARTICLE4734Financial Disputes04 August 2023
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.
- ARTICLE4734Tender Process Disputes03 August 2023
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.
- ARTICLE4734Bid Rigging Offences25 July 2023
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.
- ARTICLE4734Debarment and Defence25 July 2023
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.
- ARTICLE4734Tender Process Disputes21 July 2023
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…
- ARTICLE4734Financial Disputes07 March 2023
What Are the Changes to Price Differences in Goods and Service Procurements Under Law No. 4734 Introduced by the Arrangement Published in the Official Gazette on 7 March 2023?
By the Official Gazette No. 32125 of 7 March 2023, amendments were made to the principles on price differences applicable to goods and service procurements in public tenders.
- ARTICLE4734Financial Disputes28 February 2023
Refund of Stamp Duty on Contracts Is Now Possible Following a Decision of the Constitutional Court
The Ninth Chamber of the Council of State applied to the Constitutional Court, taking the view that the contested rule was contrary to the Constitution, in proceedings brought for the refund of stamp duty paid in respect of the contract subject to the tender, after the tenderer to whom the tender had been awarded was excluded from the evaluation as a result of a judicial decision.