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In tenders organized under the Public Procurement Law No. 4734, Contracting Authorities conduct qualification evaluations based on specific documents and qualification criteria within these documents to determine whether tenderers possess the requisite professional, technical, and financial qualifications to perform the tender. As a result of the evaluation, tenders submitted by tenderers meeting the designated qualification criteria are accepted as valid, whereas the tenders of those failing to satisfy the required criteria are excluded from evaluation.
The information and documents that may be requested from tenderers wishing to participate in a tender, regarding the determination of their economic, financial, professional, and technical qualifications, are regulated under Article 10 of Law No. 4734. Detailed regulations based on the procurement type are set forth in the Tender Application Regulations and the Public Procurement General Communiqué.
The criteria to be sought and the documents to be requested within the scope of qualification cannot be determined in a manner that restricts competition.
It is mandatory that the required documents and qualification criteria for qualification evaluation be explicitly specified in the tender notice and the administrative specifications.
Any documents and/or qualification criteria specified in the technical specifications or in articles of the Administrative Specifications other than Article 7—which the tenderer is required to submit and/or satisfy within the scope of their tender—shall not be taken into consideration in the evaluation of tenders.
Qualification documents to be requested in tenders are categorized under 2 main groups:
a) The tenderer's balance sheet or required sections thereof, which are mandatory to be published pursuant to the relevant legislation; if non-existent, equivalent documents.
b) Documents demonstrating the tenderer's overall turnover indicating business volume, or turnover specifically related to the subject matter of the tender.
a) Documents proving that the tenderer operates registered with the relevant chamber in accordance with its legislation and is legally authorized to submit a tender.
b) Documents relating to the subject matter of the tender or similar works committed by the tenderer under a contract containing a contract price in the public or private sector (work experience certificates).
c) Documents regarding the tenderer's production and/or manufacturing capacity, R&D activities, and quality assurance.
d) Documents regarding organizational structure and the employment/undertaking of an adequate number and quality of personnel.
e) Documents demonstrating the educational and professional qualifications of managerial staff and key technical personnel who will execute the work.
f) Documents regarding relevant technical personnel or technical bodies responsible for quality control, whether directly affiliated with the tenderer or not.
g) Documents regarding plants, machinery, tools, and other equipment (cannot be required to be owned by the tenderer).
h) Certificates issued by accredited quality control bodies demonstrating compliance of the subject matter of the tender with the standards specified in the tender documents.
i) Samples, catalogs, and/or photographs of the goods to be supplied.
The Tender Application Regulations contain provisions regarding the request and submission of qualification documents based on the type, subject matter, and estimated cost of the tender. Contracting authorities conducting the tender are required to determine the qualification documents and criteria to be requested within the framework of these provisions, and to include corresponding regulations in the tender notice and administrative specifications.