Insights
Commentary on tender procedures, contract performance and disputes, published with its sources and last review date.
May the Spouse of a Tender Commission Member's Sibling Participate in the Same Tender?
Various restrictions have been introduced concerning the participation of relatives and in-laws of the public officials conducting and holding a tender in tenders held under Public Procurement Law No. 4734 and State Procurement Law No. 2886. These measures are important statutory arrangements adopted with a view to ensuring competition in tenders and the reliability of the administration. This article discusses the limits of those arrangements and briefly explains the points to which contracting authorities and contracting firms should pay attention when entering a tender.
25 July 2025
Share Ledger Errors in EKAP Records: Points for Joint Stock Companies to Note
We observe that joint stock companies participating in public tenders are excluded from the evaluation and suffer a loss of rights because of errors made when recording their shareholding details and authorised representatives on EKAP. For that reason, joint stock companies participating in public tenders need first of all to be familiar with the EKAP registration procedures laid down in the procurement legislation, which are straightforward to apply, and to carry them out in good time.
24 July 2025
Is a Work Experience Certificate Issued to Persons Who Are Both the Owner and the Contractor of the Work?
In tenders held under Public Procurement Law No. 4734, professional and technical qualifications may be required. The most important of these is undoubtedly the work experience certificate, since the reason such certificates are required in a tender is to ascertain whether the persons participating have prior experience of carrying out the work subject to the tender or similar work.
22 July 2025
May Documents Not Specified in Article 7 of the Administrative Specifications Be Required to Be Submitted in a Tender?
In tenders held under Public Procurement Law No. 4734 and the secondary legislation, all qualification documents to be submitted by participating tenderers must be specified in the notice and in the administrative specifications. It has further been established that the qualification documents required by contracting authorities are to be requested in Article 7 of the administrative specifications, and that requesting them in other articles of the same specifications or in other parts of the tender documents is not appropriate. In this article I set out information on the scope of Article 7, which gives rise to delays and even to cancellation of tenders through complaints and appeals. I also seek to address the subject concretely through an actual case.
17 July 2025
How Are Candidates and Tenderers That Have Changed Their Name or Type to Submit Work Experience Certificates Issued Under Their Former Details?
The former names of sole traders or capital companies may change for reasons such as a change of name or type, a division or a merger. In such cases, however, difficulties arise in submitting to a tender work experience certificates obtained in the past bearing the former name or type. In this article I provide the necessary information for those who have changed name or type for various reasons but who will participate in a tender with work experience they hold bearing their former name. I also seek to address the subject concretely through an actual case.
10 July 2025
Beware of Forged Work Experience Certificates on EKAP
Work experience certificates, which are among the most important qualification documents for participation in a tender, may be forged and used in tenders through EKAP. Both contracting authorities holding tenders and tenderers wishing to participate must be attentive to this. In the article I set out information on forged documents in tenders and on the sanctions applicable to tenderers using forged documents. I also seek to address the subject concretely through an actual case.
08 July 2025
Negotiated Procedure Tenders Without Notice, the Risk of Corruption, and Türkiye's Position in the International Rankings
The negotiated procedure is a tender procedure that may be used in the cases specified by Public Procurement Law No. 4734. However, unlike the open procedure, it is not a method in which all tenderers may submit a tender. In a negotiated procedure conducted without notice in particular, only tenderers invited by the contracting authority, numbering not fewer than three, may participate. Firms that are not invited have no right to obtain the tender documents, to participate in the tender or to lodge an appeal with the Public Procurement Authority.
25 March 2025
The Cancellation of a Tender for the Temporary Supply of Devices Against Kits and Its Cause
Errors made by contracting authorities in the tender documents for the procurement of laboratory kits, or for the procurement of kits together with the temporary supply of devices against kits, lead to the cancellation of the tender. There are important matters to which contracting authorities and those participating in the tender must pay attention in order for the work to be carried out without delay and in a sound manner. In this article I set out information on a matter frequently arising and leading to the cancellation of the tender. I also seek to address the subject concretely through an actual case.
13 March 2025
The Error That Led to the Cancellation of a Vehicle Rental Tender
Errors in the tender documents prepared by contracting authorities for vehicle rental services procured as a service lead to the cancellation of the tender. For that reason, there are important matters to which contracting authorities and those participating in the tender must pay attention in order for the work to be carried out without delay and in a sound manner.
11 March 2025
The Nature and Drawbacks of Build-Operate-Transfer Contracts
It is possible for investments and services requiring high technology or substantial financial resources to be carried out under the build-operate-transfer model by all public institutions and organisations, including public economic enterprises.
03 March 2025
Is Partial Acceptance Possible in Service Procurements?
Where contracting authorities do not properly prepare the tender documents for the services they procure on the market, performance of the contract or completion of the procurement becomes impossible. For that reason, the Public Procurement Authority has been empowered to issue secondary legislation, provided it is not contrary to Public Procurement Law No. 4734. In this article I set out information on whether partial acceptance may be applied in service procurements. I also seek to address the subject concretely through an actual case.
27 February 2025
The Question of Calculating Days in the Invitation to Contract
Procurement law is a distinct field of law grounded in determinative provisions as to form, time limits and procedure. For that reason, which procedure contracting authorities are to carry out, in what manner and within what period, is laid down by strict rules. Contracting authorities have a duty to comply with those rules. In this article I set out information on the legal position arising where a contracting authority grants the tenderer it has invited to contract a period calculated on the basis of an incorrect number of days. I also seek to address the subject concretely through an actual case.
21 February 2025