Insights
Commentary on tender procedures, contract performance and disputes, published with its sources and last review date.
- ARTICLE4734Tender Process Disputes20 May 2026
How Should a Firm Participating in a Tender Verify the Validity Period of the Performance Bond? (Examination of Public Procurement Board Decisions)
The determination of performance bond validity periods in proportion to the duration of the work, the statement of the bond period in the invitation to contract, and the practical effects of Public Procurement Board decisions are addressed.
- ARTICLE4734Tender Process Disputes20 May 2026
Submission by Joint Ventures of Quality and Standard Certificates in a Tender (Examination of a Public Procurement Board Decision)
Whether quality and standard certificates may be required from all members of a joint venture is addressed within the framework of the TS 13075 service competence certificate and the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes20 May 2026
May Persons Against Whom Criminal Proceedings Have Been Brought Participate in Tenders? (Examination of a Public Procurement Board Decision)
Whether persons against whom criminal proceedings have been brought may participate in public tenders is addressed within the framework of EKAP checks, prohibited acts and conduct, and the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes15 May 2026
How Are Procurements Through the State Supply Office Carried Out? Risks for Supplier Firms and Public Institutions
The legal risks arising from stock, catalogue and miscellaneous supply procedures, the Health Market, technical specifications and inspection processes in State Supply Office procurements are addressed.
- ARTICLE4734Tender Process Disputes14 May 2026
How Do Contracting Authorities That Determine Non-Price Criteria Incorrectly Restrict Competition in Goods Procurement Tenders?
The incorrect determination of non-price criteria in goods procurement tenders, the way in which competition is restricted through the technical scoring system, and the legal consequences of creating a brand-based advantage are addressed.
- ARTICLE4734Tender Process Disputes12 May 2026
Non-Price Criteria and an Illustrative Application: Elimination in a Goods Procurement Tender Despite the Lowest Price
Non-price criteria scoring in goods procurement tenders, the way in which technical criteria and weighting ratios may alter the outcome of a tender, and the reasons why the lowest tender may be eliminated are addressed.
- ARTICLE4734Tender Process Disputes11 May 2026
The Food Business Registration Certificate in Catering Service Procurements and the Principal Errors Made by Firms
The legal consequences of errors relating to the food business registration certificate in catering service procurement tenders, concerning the field of activity, the active status of the food safety information system record, address consistency and joint ventures, are addressed.
- ARTICLE2886Public Real Estate08 May 2026
How Is an Easement Right over Treasury Land Obtained? (Tender Process, Contract and All Risks)
The establishment of easement rights over Treasury land, the tender process, the contractual provisions and the legal framework governing disputes arising from the right of use are addressed.
- ARTICLE2886Public Real Estate04 May 2026
How May I Participate in Treasury or Municipal Immovable Property Sale Tenders?
The process of participating in Treasury and municipal immovable property sale tenders, the tender notice, the required documents, the tender procedures and the legal matters to be taken into account are addressed.
- ARTICLE2886Public Real Estate29 April 2026
Procedures and Methods for the Sale of Treasury Immovable Property
The methods of selling Treasury immovable property by tender and by direct sale, the immovable property that may be offered for sale, and the legal issues encountered in practice are addressed.
- ARTICLE2886Public Real Estate27 April 2026
Five Frequent Errors by Municipalities in the Sale of Immovable Property
The legal consequences, in terms of cancellation of the tender and loss to the public purse, of errors in valuation, competence, notice and specifications in the process of selling municipal immovable property are addressed.
- ARTICLE4734Tender Process Disputes20 April 2026
Assessment in Tenders of Work Experience Acquired by Joint Ventures (Examination of a Public Procurement Board Decision and a Court Decision)
The legal framework governing the application of shareholding ratios and exceptional provisions in the assessment of the work experience certificates of joint ventures in public tenders is examined.
- ARTICLE4734Tender Process Disputes16 April 2026
A Critical Error in the Assessment of Domestic Goods Certificates: Component-Based Interpretation Instead of the Final Product
The legal consequences of applying a component-based interpretation instead of the final product in the assessment of domestic goods certificates in public tenders, and the application of the domestic contribution rate, are examined.
- ARTICLE4734Tender Process Disputes15 April 2026
Turnover Documents and the Business Volume Criterion in Public Tenders: a Legal Assessment in the Light of Public Procurement Board Decisions
The formal requirements applicable to the assessment of turnover documents and the business volume criterion in public tenders, EKAP electronic form practice, and the legal consequences of errors made in joint ventures are addressed.
- ARTICLE4734Tender Process Disputes14 April 2026
A Frequent Error by Municipalities: Personnel Employment Tenders Presented as Works Contracts
The incorrect drawing of the distinction between works contracts and service procurement in public tenders, and the legal consequences of breaching the prohibition on service procurement based on the employment of personnel, are examined.
- ARTICLE4734Tender Process Disputes13 April 2026
A Critical Error Restricting Competition in Tenders: the Business Licence Requirement
The legal limits, in terms of the principles of competition and proportionality, of requiring a business opening and operating licence as a qualification criterion and of imposing geographical restrictions in public tenders are examined.
- ARTICLE4734Tender Process Disputes07 April 2026
Submission of Different Prices for the Same Work Item in Successive Abnormally Low Tender Explanations
The legal limits of submitting different prices for the same work item in successive abnormally low tender explanations, and of stating different prices on the basis of the same invoice, are examined.
- ARTICLE2886Public Real Estate06 April 2026
The Offence of Misconduct in Public Office in Public Tenders
The offence of misconduct in public office, in the context of unlawful acts of public personnel involved in public tenders, is addressed within the framework of the Turkish Criminal Code and the procurement legislation.
- ARTICLE4734Tender Process Disputes31 March 2026
Six Matters to Be Aware of in Vehicle Rental Tenders
The most frequent errors in tender documents in vehicle rental tenders, and the effect of those errors on the cancellation of tenders, are examined in the light of the decisions of the Public Procurement Board.
- ARTICLE4734Tender Process Disputes24 March 2026
Grounds for Cancelling a Tender May Not Be Lawful: What Should Firms Do?
Although Public Procurement Law No. 4734 confers on contracting authorities the power to cancel a tender, that power is not unlimited. The decisions of the Public Procurement Board show that cancellations must be carried out within the framework of the public interest, the requirements of the service and the fundamental principles. Grounds such as an insufficiency of appropriations that does not…