Insights
Commentary on tender procedures, contract performance and disputes, published with its sources and last review date.
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.
28 July 2026
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 and their effect on competition. Documents carrying points may directly affect the outcome of a tender even where they are not a ground for elimination.
01 July 2026
How Should Procurement Training Be Organised in Firms Participating in Tenders?
Establishing a procurement unit or department is a significant organisational step for firms participating in public tenders. For those units to operate soundly, however, they need to receive regular procurement training in Laws No. 4734 and No. 4735, EKAP, electronic tendering, contract management and dispute processes. Professional training and expert advice are among the elements that reduce procurement risks.
22 June 2026
Two Practices Common Among Large Firms in Tenders: Continuous Procurement Advisory Support and Procurement Law Training
The position of large firms in public tenders cannot be explained by financial strength or extensive work experience alone. Continuous procurement advisory support and regular procurement law training reduce the incidence of errors in tender preparation, EKAP procedures, contract management and dispute processes.
22 June 2026
Benefits and Drawbacks of the Use of Artificial Intelligence by Firms in Public Procurement and Contracts
In public procurement and contract processes, artificial intelligence may be a useful auxiliary tool for document analysis, checklists and the production of drafts. However, because of risks such as reliance on the wrong legislation, incorrect calculation of time limits, mistaken precedents, errors in EKAP procedures and data security, the use of artificial intelligence output without expert review may give rise to serious legal consequences.
22 June 2026
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.
22 June 2026
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 review.
22 June 2026
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 for rejecting the tender.
22 June 2026
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.
03 June 2026
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.
03 June 2026
Two Significant Pitfalls in Catering Service Procurements: the Capacity Report and the Partial Acceptance Error (Examination of Two Public Procurement Board Decisions)
Decisions of the Public Procurement Board concerning the capacity report, reserve kitchen provisions, and the prohibition on partial acceptance in services of a continuous nature in catering service procurement tenders are assessed.
03 June 2026
Verification of the Capacity Report in Catering Service Procurement Tenders and Its Importance (Examination of a Public Procurement Board Decision)
How the capacity report requirement is to be assessed in catering service procurement tenders is addressed within the framework of the calculation of daily meal requirements, the principle of competition, and the decisions of the Public Procurement Board.
03 June 2026