Improper Exercise of Discretion in the Cancellation of a Tender

24 February 2026

The power to cancel a tender conferred on contracting authorities under Public Procurement Law No. 4734 is not unlimited. It must be exercised in accordance with the public interest, the requirements of the service, the fundamental procurement principles and concrete grounds. Before the tender hour, a tender may be cancelled where matters exist that prevent it from being held and cannot be remedied, and no tender commission decision is required. After the tender hour, cancellation may be possible on grounds such as tenders being very high in relation to the estimated cost, insufficient appropriations, or a breach of the fundamental principles, and requires a commission decision and the tender officer's approval. Cancellation on grounds that are not concrete or objective is not lawful.