Insights

Is the Absence of a Line in the Tender Schedule for Full-Time Personnel a Ground for Cancelling the Tender?

Does the absence of a separate line in the unit price tender schedule for personnel to be employed full time lead to the cancellation of a catering service procurement tender? Within the framework of Decision No. 2026/UH.I-1955 of the Public Procurement Board, the article addresses the number of personnel, labour costs, and the inconsistency between the technical specifications and the tender…

Is There an Exceptional Situation in Which the Same IP Address Is Not Sufficient for Debarment?

Is it a prohibited act or conduct in itself for two tenderers to carry out transactions from the same IP address in an electronic tender? Within the framework of Decision No. 2026/UY.II-1941 of the Public Procurement Board, the article addresses the effect of carrier-grade network address translation, differing port numbers, internet subscriptions and differing physical addresses on the debarment…

Does the Tender Officer Have the Power to Cancel a Tender Without Following the Commission's Decision?

May the tender officer cancel a tender without approving the decision of the tender commission? Within the framework of Decision No. 2026/UH.II-2024 of the Public Procurement Board, the article addresses the tender officer's power of cancellation, the requirement of reasons, competition, the public interest, and the limits of discretion.

May a Tender Be Cancelled on Grounds of the Estimated Cost After a Corrective Action Decision of the Public Procurement Authority?

May a contracting authority cancel a tender on the ground of the estimated cost after a corrective action decision of the Public Procurement Authority? Within the framework of Board Decision No. 2026/UH.I-2008, the article addresses the consistency of the estimated cost with market realities, the assessment of the remaining tender, and the limits of the authority's power of cancellation.

May a Tender Be Excluded from the Evaluation Because of a Document That Cannot Be Verified in an Electronic Tender?

May a tender be excluded from the evaluation directly because a document uploaded to EKAP is illegible or cannot be verified? Within the framework of Decision No. 2026/UH.I-1995 of the Public Procurement Board, the article addresses the difference between a missing document and a verification problem, and the process of verification by requesting the physical document.

What Happens Where a Tender Is Launched Without Examining the Technical Specifications?

May contradictions between the provisions of the technical specifications lead to the cancellation of a tender? Within the framework of Decision No. 2026/UM.I-1982 of the Public Procurement Board, the article addresses technical inconsistencies arising after an addendum, ambiguities in the specifications, and the contracting authority's power of cancellation.

Does an Incorrect Calculation of the Contract Period in a Multi-Year Commitment Lead to the Cancellation of the Tender?

May an inconsistency between the multi-year commitment authorisation and the contract period constitute a ground for cancelling the tender? Within the framework of a decision of the 13th Chamber of the Council of State, the article addresses the commitment authorisation, the contract period and the limits of the contracting authority's power of cancellation in a 36-month service procurement.

Is a Sanction Applied to a Tenderer Where the Social Security Debt Is Paid Before the Tender Hour?

May a tenderer be excluded from the tender where the social security debt is paid on the day of the tender but before the tender hour? Within the framework of a decision of the 13th Chamber of the Council of State, the article addresses the time of payment of the social security debt, the EKAP check, exclusion of the tender from the evaluation, and forfeiture of the bid bond.

A Council of State Decision on Analysis Inputs in Works Tenders

Does the failure to take into account an analysis input contained in the technical specifications affect the outcome of a tender in an abnormally low tender inquiry in works tenders? Within the framework of a decision of the 13th Chamber of the Council of State, the article addresses analysis inputs, the estimated cost, the threshold value, and the Public Procurement Board's duty of examination…

The Problem of Setting Qualification Criteria in Health Information Management System Tenders

May the HIMSS EMRAM Level 6 and Level 7 requirement be set as a qualification criterion in health information management system tenders? Within the framework of a decision of the 13th Chamber of the Council of State, the article addresses the connection of qualification criteria with the subject matter of the tender, their effect on competition, their proportionality, and the Public Procurement…

Is the Closeness of Tenders to One Another a Prohibited Act or Conduct in Itself?

Is the closeness or equality of tenders a prohibited act or conduct in itself? Within the framework of a decision of the 13th Chamber of the Council of State, the article addresses the requirement of concrete evidence in establishing a prohibited act under Article 17 of Law No. 4734, the closeness of prices, and allegations of concerted action between tenderers.

Is the Delivery of Two Tenderers' Documents to the Contracting Authority by the Same Person a Prohibited Act or Conduct?

Is the delivery of the physical documents of two tenderers to the contracting authority by the same person a prohibited act or conduct in itself? Within the framework of a decision of the Ankara 8th Administrative Court, the article addresses how the delivery of documents, IP addresses, electronic signature records, bid bonds and evidence indicating concerted action between firms are to be…

Why Should Firms Participating in Public Works Tenders Pay Attention to the Type of Contract?

In public works tenders, lump sum turnkey, unit price and mixed contracts directly affect tender preparation, progress payments, price differences, increases in the scope of work and payment processes. The legal and technical matters to which works contractors should pay attention according to the type of contract are addressed in this article.

Unlawful Practices in Requiring Documents as Non-Price Criteria and the Lessons to Be Drawn

Decision E:2026/2724, K:2026/970 of the 13th Chamber of the Council of State establishes that, in catering service tenders including materials, provisions awarding points for documents as non-price criteria must be reviewed not only as to whether they constitute a qualification criterion, but also as to their connection with the subject matter of the tender, their accessibility within the sector…

Legal Risks of the Use of Artificial Intelligence by Firms in Public Procurement and Contracts

Artificial intelligence can be useful for summarising tender documents and drawing up checklists, but its output is not a legal opinion. Outdated legislation and wrong time limits, non-existent precedents, documents that do not match an abnormally low tender explanation, reading a public contract as if it were a private-law contract, and data breaches can lead to exclusion of the bid, forfeiture…

İlyas Kılıç

Unlawful Practices in Requiring Documents as Non-Price Criteria in Catering Tenders and the Lessons to Be Drawn

Decision E:2026/2724, K:2026/970 of the 13th Chamber of the Council of State establishes that, in catering service tenders including materials, provisions awarding points for documents as non-price criteria are also subject to review for lawfulness. The fact that a document is not a qualification criterion does not in itself mean that the provision is lawful.

A Point for Firms Submitting Very Low Tenders in Goods Procurements: May the Tender Be Awarded Without an Explanation Being Requested?

Decision E:2026/193, K:2026/679 of the 13th Chamber of the Council of State establishes that, where in a goods procurement tender the tender price is unusually low in relation to the estimated cost and the other valid tenders, the contracting authority may not be able to conclude the tender without requesting an abnormally low tender explanation. The authority's discretion is subject to judicial…

Is It Possible to Exclude a Firm from the Evaluation in an Abnormally Low Tender Inquiry on Account of a Cost for Which No Explanation Was Requested?

Decision E:2026/337, K:2026/1020 of the 13th Chamber of the Council of State establishes that, in an abnormally low tender explanation, only those cost items identified by the contracting authority as significant tender components in its request for explanation must be explained. Costs contained in the technical specifications but not expressly asked about do not in every case constitute a ground…

How Is the Domestic Vehicle Requirement in Vehicle Rental Tenders Satisfied? (Examination of a Public Procurement Board Decision)

How the domestic vehicle requirement is to be satisfied in vehicle rental tenders is assessed within the framework of the domestic content ratio, model year, vehicle version, and the decisions of the Public Procurement Board.

Why Was the Price Advantage Not Applied Despite the Domestic Goods Certificate? (Examination of a Public Procurement Board Decision)

The non-application of the price advantage despite the submission of a domestic goods certificate is assessed within the framework of the EKAP declaration, authorised dealer certificates, and the decisions of the Public Procurement Board.