PRACTICE AREA 01
Tender Process Disputes
Legal assessment of tender documents, qualification, bid evaluation, abnormally low tenders, exclusion from the tender, cancellation and complaint procedures.
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Frequently asked questions
- What information should I provide on first contact?The tender registration number, the name of the contracting authority, the subject of the application and any known deadline are sufficient for an initial assessment. Sensitive documents should not be uploaded on first contact.
- How Is the Time Limit for Filing an Application for Review Determined?The time limit is determined by the nature of the act complained of and the date of notification or of becoming aware of it. The information on this page is for general guidance only and does not create any undertaking to monitor time limits.
- What must the contracting authority and the Authority do if a court annuls a Board decision?Judgments that must be implemented without awaiting finality must be applied by the administration within the time limit. The Authority or the contracting authority must perform a new act consistent with the court's reasoning and continue the procurement procedure from the lawful point.
- What happens if an action is brought directly without applying to the Public Procurement Authority?In disputes falling within the mandatory complaint and appeal system of Law No 4734, bringing an action without exhausting those remedies may give rise to a procedural problem. Whether the dispute falls within the Authority's jurisdiction must be determined before proceedings are brought.
- When is an expert examination needed in procurement and contract cases?An expert examination may be requested where conformity with the technical specification, the financial calculation, the progress payment, samples, works or the amount of loss requires expertise. The legal assessment and discretion, however, belong to the court.
- Is mediation mandatory in a public procurement contract dispute?Where the dispute is a commercial money claim or a claim for damages heard before the civil courts, mediation as a condition of bringing proceedings may arise. Mediation is not used for the annulment of administrative acts.
Is a deadline approaching?
You can get in touch stating the tender number, the contracting authority, the subject of the application and the deadline known to you. Sending the form does not create a lawyer–client relationship and does not create an undertaking to monitor deadlines.