Insights
Commentary on tender procedures, contract performance and disputes, published with its sources and last review date.
- Financial Disputes
What Are the Changes to Price Differences in Goods and Service Procurements Under Law No. 4734 Introduced by the Arrangement Published in the Official Gazette on 7 March 2023?
By the Official Gazette No. 32125 of 7 March 2023, amendments were made to the principles on price differences applicable to goods and service procurements in public tenders.
07 March 2023
- Financial Disputes
Refund of Stamp Duty on Contracts Is Now Possible Following a Decision of the Constitutional Court
The Ninth Chamber of the Council of State applied to the Constitutional Court, taking the view that the contested rule was contrary to the Constitution, in proceedings brought for the refund of stamp duty paid in respect of the contract subject to the tender, after the tenderer to whom the tender had been awarded was excluded from the evaluation as a result of a judicial decision.
28 February 2023
- Contract Disputes
Who Should Bear the Laboratory Costs Arising in Inspection and Acceptance?
Under the procurement legislation, construction supervision officers have various duties and powers directed at ensuring that the work performed by the contractor is free from deficiencies, errors and defects and that the materials used comply with the specifications.
12 February 2023
- Tender Process Disputes
Domestic Goods Practice: The Most Recent Arrangements on the Procurement of Domestic Goods
A significant budget deficit is recorded in our country each year. For example, the budget, which recorded a deficit of TRY 23.5 billion in 2015, recorded a deficit of TRY 29.3 billion over 2016 as a whole.
12 February 2023
- Tender Process Disputes
Corruption Perceptions Index Published: Türkiye Falls Further in the Rankings
Türkiye's score and ranking in the Corruption Perceptions Index have continued to decline rapidly since 2013. According to the index results, Türkiye, whose score fell by one point to 40, dropped a further six places to rank 81st among 180 countries. Having declined in the index for four consecutive years, Türkiye has thus fallen 28 places over the last five years, with a drop of ten points.
12 February 2023
- Debarment and Defence
If a Person Participating in a Tender as Proxy for a Company Is Debarred, Is the Company Also Debarred?
Subparagraph (a) of Article 11 of Law No. 4734 provides that persons temporarily debarred by contracting authorities from participating in public tenders may not participate in tenders in any manner, whether directly or indirectly or as a subcontractor, on their own behalf or on behalf of others.
12 February 2023
- Debarment and Defence
Prohibited Acts and Conduct: Breaches of Business and Professional Ethics Entail Exclusion from the Tenders of the Same Contracting Authority for Five Years
Subparagraph (f) of the fourth paragraph of Article 10 of Law No. 4734 lays down provisions preventing tenderers found to have engaged in conduct contrary to business and professional ethics from participating in tenders for a period of five years. Accordingly, tenderers;
12 February 2023
- Tender Process Disputes
Instruments Acceptable as Security: the Use of Surety Insurance and Surety Bonds in Tenders Has Begun
This Law has opened the way for the use of surety insurance (surety bonds) within the scope of letters of guarantee in tenders falling under Public Procurement Law No. 4734. Specifically;
12 February 2023
- Public Real Estate
Is It Possible for Municipalities to Allocate Their Immovable Property Without Holding a Tender?
Complaints reach us to the effect that certain municipalities allocate their immovable property, by decision of the municipal council, to various organisations that do not qualify as public institutions, at very low prices or even free of charge.
12 February 2023
- Tender Process Disputes
What Should Be Taken into Account in Applications to the Public Procurement Authority?
The highest administrative supervisory body in public procurement is the Public Procurement Authority. Under Article 53 of Public Procurement Law No. 4734, the Authority supervises the process from the commencement of tenders until the signature of the contract.
12 February 2023
- Tender Process Disputes
May Contracting Authorities Bring Proceedings Against the Public Procurement Authority? What Can Authorities Whose Tenders Are Cancelled by the Authority Do?
Contracting authorities that suffer a loss of rights as a result of a decision of the Public Procurement Authority may bring proceedings before the Ankara Administrative Courts.
12 February 2023
- Tender Process Disputes
The Ceiling Price for Labour Will Now Be Set by the Ministry of Finance
“For services based on the employment of personnel within the scope of subparagraph (e) of the first paragraph of Article 62 (excluding consultancy service procurements), before the tender is launched;”
12 February 2023