Court decisions
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- COURT DECISION4734Tender Process Disputes12 February 2023
What conditions must exist to use the negotiated procedure under Article 21(b)?
The action was brought for the annulment of the decision to conduct the tender for the supply of electromechanical equipment for a dam by negotiated procedure under Article 21(b) of Public Procurement Law No 4734; the administrative court examined the conditions for using that procedure.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
What cost components make up a bid in vehicle hire tenders?
The court found no unlawfulness in the part of the judgment dismissing the claim that the price quotation on traffic insurance and vehicle own-damage insurance, obtained from an insurance brokerage and endorsed by the insurer's regional office, was not a photocopy.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
What does a deficiency in documents and information mean in a procurement procedure?
For the purpose of proving work experience, the lead partner of the claimant joint venture submitted a certificate issued in his name by a university faculty of engineering, endorsed by a notary and bearing the annotation that the copy was identical to the original.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
What is an arithmetical error and how should rounding be applied?
On examination of the file, the tender in dispute was conducted on 5 October 2015 by open procedure on the basis of unit price bids, and fifteen tenderers submitted bids.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
What must tenderers do about analysis inputs for which no explanation was requested in an abnormally low tender justification?
The documents on file show that the contracting authority's request for justification of an abnormally low tender identified the work item to be explained and set out which of the inputs making up that item required an explanation and which did not.
Danıştay
- COURT DECISION4734Tender Process Disputes12 February 2023
Where the objects clause of the tenderer's articles of association does not cover the subject matter of the tender
Law No 6102 abolished the ultra vires principle; provisions in the articles of association of companies formed under the repealed Turkish Commercial Code No 6762 restricting the company to the objects stated in those articles are deemed not to have been written, so that companies may also operate outside the objects stated in their articles.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
Why did the court annul the Public Procurement Board decision concerning the business registration certificate?
The summary of the appeal to the Public Procurement Authority concerning the tender for the supply, distribution and service of prepared meals held by open procedure on 4 March 2019 by a provincial directorate.
İdare Mahkemesi