Insights
Commentary on tender procedures, contract performance and disputes, published with its sources and last review date.
- Tender Process Disputes
Not Every Tender May Be Cancelled: Discretion in the Cancellation of a Tender
Article 39 of the Public Procurement Law, headed “Rejection of All Tenders and Cancellation of the Tender”, provides that: “Upon the decision of the tender commission, the contracting authority is free to reject all tenders submitted and to cancel the tender. Where the tender is cancelled, this shall be notified to all tenderers without delay. The contracting authority incurs no liability by reason of the rejection of all tenders. However, where tenderers so request, the contracting authority shall notify the grounds for the cancellation of the tender to the tenderers making that request.”
12 February 2023
- Tender Process Disputes
May the Duration of a Tendered Contract Be Changed by the Contracting Authority?
In the case at hand, a service contract with a duration of 1,095 days was awarded to A... Ltd. However, the contracting authority invited A... Ltd. to sign the contract while stating that it would conclude the contract for 180 days, reducing the period set out in the draft contract.
12 February 2023
- Tender Process Disputes
Determination of Non-Price Criteria
Under Article 40 of the Law, contracting authorities may determine the economically most advantageous tender not solely on the basis of price, but by also taking into account criteria other than price alongside price, such as operating and maintenance cost, cost effectiveness, productivity, quality and technical merit.
12 February 2023
- Tender Process Disputes
Non-Price Criteria and the Abnormally Low Tender Inquiry
Under Articles 37 and 38 of Law No. 4734, contracting authorities are required first to carry out the abnormally low tender assessment and then to apply the non-price criteria scoring.
12 February 2023
- Public Real Estate
Which Offence Does Amending a Contract in a Leasing Tender in Favour of the Lessee Fall Under?
The leasing by contracting authorities of a bus route over which they hold operating rights is carried out under State Procurement Law No. 2886. In tenders of this kind, it is not permissible to amend the terms of the contract after the notice has been published.
12 February 2023
- Tender Process Disputes
In Which Cases May a Requirement Be Procured from a Single Real or Legal Person?
Where it is established that the requirement can be met only by a single real or legal person; and where, within the scope of an undertaking, the purchase of goods of a particular brand or model is mandatory by reason of provisions contained in the contract or the specifications relating to the subject matter of the undertaking.
12 February 2023
- Tender Process Disputes
Is It Possible to Submit a Work Experience Certificate Relating to a Works Contract in a Goods Procurement Tender?
Under the procurement legislation, similar work is defined as “work that resembles the procurement subject to the tender, or parts of that procurement, in terms of nature and size, that is produced by the same or a similar production method and technique, and that displays similar characteristics in terms of plant, equipment, financial capacity and expertise, and personnel and organisational requirements”.
12 February 2023
- Tender Process Disputes
Tenders of the Municipalities of Denizli and Adapazarı Cancelled by the Public Procurement Authority
An application was made to the Public Procurement Authority concerning the existence of matters restricting competition in the tender for “Vehicle Rental for Use in Cleaning Services, the Operation of Solid Waste Disposal Facilities and Solid Waste Transfer Stations” held by Denizli Metropolitan Municipality on 9 September 2019.
12 February 2023
- Tender Process Disputes
Acts Constituting an Offence and Attracting Criminal Liability in Abnormally Low Tender Explanations, and Our Recommendations
Tenderers are required to demonstrate, by means of the documents specified in the Public Procurement General Communiqué, that the tenders they have submitted are consistent with market conditions. However, in the explanations submitted by some tenderers, acts falling within the scope of the “prohibited acts and conduct” provisions of Public Procurement Law No. 4734 and acts treated as offences under the Turkish Criminal Code are observed to have been committed.
12 February 2023
- Tender Process Disputes
Key Matters to Be Aware of in Vehicle Rental Tenders
Set out below are a number of matters that we consider useful for both contractors and contracting authorities to be aware of. It is known that, within the scope of this type of service procurement, many tenders have been cancelled, public officials have been held liable for misappropriation, and contractors providing the service have been debarred.
12 February 2023
- Contract Disputes
The Principles of Public Procurement Contracts Law No. 4735
The principles of Public Procurement Contracts Law No. 4735 are set out in Article 4 of the Law.
12 February 2023