Proceedings for the Annulment of a Debarment Decision

Article 58 of Law No. 4734 provides that a debarment decision is to be issued in respect of tenderers found to have engaged in the prohibited acts or conduct set out in Article 17 during the tender process, and those who fail to conclude a contract in due form other than in cases of force majeure. Contracting authorities may, however, through assessments contrary to that provision, cause tenderers to be debarred unjustly. In that event, tenderers must bring proceedings against the highest administration or ministry to which the contracting authority is attached.