A summary about Public Procurement Law in Turkey
Public procurement in Turkey is regulated by Public Procurement Law No. 4734 which entered into force on January 1, 2003.
Public Procurement Law has created a modern procurement system in line with international instruments on public procurement (EU Procurement Directives, UNCITRAL Model Law on Procurement, World Bank Procurement Guidelines, etc.).
The main legislation applicable to public procurement in Turkey are as follows; PPL; Regulation of Administrative Appeal Against Procurements (published in the Official Gazette dated May 24, 2004, numbered 25471); Law of Contracts; State Procurement Law (Law No. 2886) (published in the Official Gazette dated September 10, numbered 24648); General Communique on Public Procurement (published in the Official Gazette dated August 22, 2009, numbered 27327) (“Communique”).
There is no restrictions for foreign companies to set up branches or subsidiaries or otherwise enter into any commercial agreements with local partners in order to participate in Public Procurement Processes in Turkey. Foreign companies may participate in public procurement process without any specific restriction, with respect to new regulations .
How may we help you ?
Duman Law & Consultancy provides legal advice to international and domestic clients, in all aspects of goods, services and construction contracts from the stages of preparation for the tender to the stages of completion of the tender contract. In this context, we assist our clients by providing effective solutions to their needs in terms of the risks they may encounter during the tender process, in accordance with the public procurement legislation which rapidly and frequently changes in Turkey.
At Duman Law & Consultancy, we provide consultancy and litigation services with regard to the preparation of offers in accordance with the specifications in the procurement documents, managing of the application processes to the administrative authorities and the Public Procurement Authority, annulment of tenders and any issues related to public procurement contracts.
Public Procurement Process in Turkey:
We provide legal consultancy services for the examination of the tender document, by giving information on the relevant legislations, and for submitting the application for an addendum in relation to the tender document. Prior to the procurement, we give legal support to our clients regarding the complaint applications before the administrative authorities, and the appeals before the Public Procurement Authority. We provide legal consultancy services to our clients in terms of prohibited acts in tenders set out in the relevant legislations, and reasons for being excluded from tenders.
Evaluation of Offers and Conclusion of the Tender:
In the course of evaluating the offers, we review evaluation materials and abnormally low submission explanations, and provide legal advice and support in relation to them. We also provide legal services for the complaints against the awards of procurement contracts and the preparation of appeals before the Public Procurement Authority.
Administrative Litigations and Disputes:
We prepare the cancellation cases against the decisions of the Public Procurement Authority against our clients and the decisions of administrative authorities regarding cancellation of the procurement, and we represent our clients in the most comprehensive manner before the courts. If a cancellation case before the administrative courts is filed against a decision of the Public Procurement Authority which has been taken for the benefit of our client, we represent our client in the most comprehensive manner by participating in the case as an intervening party.
Decisions to Prohibit Participation in TendersWe prepare appeals against the prohibition decisions from procurements taken against our clients, according to Act no. 4734 on Public Procurement, Act no. 4735 on Public Procurement Contracts and Act no. 2886 on Government Procurement; and represent our clients in the most comprehensive manner in courts regarding these decisions.
Disputes Arising out of Public Procurement Contracts
We provide all kinds of legal consultancy services to our clients against the sanctions imposed by the administrative authorities during the enforcement of the public procurement contract. In the event of unfair deduction on the progress payments, we prepare correspondence and warnings against the administrative authorities in accordance with the relevant legislation. We appeal against the annulment of public procurement contracts, and forfeiture of the tender securities; and represent our clients in the most comprehensive manner during the relevant proceedings.
Offenses in Relation to the Tenders
We represent our clients before Turkish Criminal Courts in matters related to the Article 235 of the Turkish Criminal Code on Corruption in Tenders and Article 236 of the Turkish Criminal Code on Involvement in Fraudulent Act during fulfillment of Obligations.