What is Public Procurement Law? Legal Processes in Public Tenders and Key Considerations

Public procurement law is the area of law that ensures the transparency, competition, and fairness of the public procurement process for the purchase of goods, services, and construction work by public institutions. In Turkey, public procurement is regulated under the Public Procurement Law No. 4734 and the Public Procurement Contracts Law No. 4735.

Scope of Public Procurement Law

Public procurement law covers a wide range of activities, including the procurement of goods, services, construction work, and consultancy services. Legal consultancy in this area is crucial, as it helps manage the preparation for tenders and resolve disputes that may arise during the process.

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Common Legal Issues Encountered in Public Procurement

Faulty Tender Specifications

In many cases, public tenders are challenged due to missing or incomplete technical and administrative details in the tender specifications. These issues can lead to a higher risk of disputes and appeals.

Unjust Disqualification of Bids

Contractors and suppliers often find themselves excluded from tenders due to unfair evaluations of their bids. In such cases, the Public Procurement Authority (KİK) can be approached for an appeal.

Disputes in Contractual Stages

Even after winning a tender, disputes can arise during the contract execution phase regarding payments, timelines, and additional works, which can be resolved through legal channels.

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Get Professional Support from a Public Procurement Lawyer in Alanya

A public procurement lawyer in Alanya provides effective solutions to the legal problems encountered during public tenders. Their role is crucial in both the preparation process and the resolution of issues that arise during or after the tender process.

Primary Services Provided in Alanya:

• Reviewing tender specifications and providing advice

• Managing the tender preparation process

• Preparing and filing objection petitions

• Submitting complaints to the Public Procurement Authority (KİK)

• Legal assistance during the contract phase

• Representing clients in legal proceedings

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The Public Procurement Authority (KİK) Appeal Process

The Public Procurement Authority is the first point of contact for resolving disputes in public procurement. If a bid is unjustly excluded, companies can file an appeal with KİK to challenge the tendering process.

Documents Required for KİK Appeal

• Tender announcement and specifications

• Company documents of the bidder

• Evidence and documents related to the dispute

• A timely prepared petition

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Cancellation of Tenders and Legal Consequences

Public procurement authorities may cancel tenders due to public interest concerns or procedural irregularities. However, such decisions are subject to judicial review. Companies have the right to challenge the cancellation in the administrative courts.

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Common Mistakes Made During the Tender Participation Process

Many companies are disqualified from public tenders due to technical errors or failure to meet the required criteria. Some common mistakes include:

• Submitting incomplete documents

• Providing an invalid guarantee letter

• Failing to submit documents within the deadline

• Submitting a bid that does not comply with the specifications

To avoid these mistakes, it is advisable to seek legal advice before participating in tenders.

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Why Should You Work with a Public Procurement Lawyer?

Public procurement processes require technical knowledge and expertise in regulations. A specialized public procurement lawyer can:

• Prevent legal losses

• Speed up the process

• Properly manage correspondence and objections with authorities

• Provide effective representation in disputes

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Conclusion: Legal Support is Crucial for Success in Public Tenders

Success in public procurement is not just about submitting the best bid, but also about managing the process effectively. In competitive public tenders, working with a public procurement lawyer in Alanya ensures that your company’s legal rights are protected.

If you are planning to participate in a public tender or are facing legal issues related to one, feel free to contact us for professional legal support.