Public Procurement Lawyer in Istanbul, Turkey

What Is Public Procurement Law in Turkey?

Turkish public procurement law establishes the rules under which certain public authorities and institutions purchase goods and services or commission construction and other works.

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The principal statute is Law No. 4734 on Public Procurement (Kamu İhale Kanunu). It sets out the fundamental framework for covered public tenders, including procurement procedures, eligibility, tender documents, evaluation and certain challenge mechanisms. The Public Procurement Authority's official legislation page provides access to the current procurement legislation and related regulations.

 

Public procurement should not, however, be viewed as a single set of rules that applies identically to every government purchase. The applicable provisions may depend on the contracting authority, the type and value of the procurement, the selected procedure, statutory exceptions and the terms of the particular tender.

 

This is one reason why legal advice should be based on the actual tender documents and circumstances, rather than on a general description of Turkish procurement law.

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Turkish Public Procurement Law: The Main Legal Framework

A number of statutes, regulations and secondary rules can become relevant to a procurement.

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Law No. 4734 on Public Procurement

Law No. 4734 is the principal legislation governing covered public procurement procedures. It addresses matters such as the scope of the procurement system, procurement principles, tender procedures, participation requirements and evaluation.

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The official records of the Grand National Assembly of Türkiye identify Law No. 4734 as the Public Procurement Law and record its adoption in January 2002.

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Law No. 4735 on Public Procurement Contracts

Once a tender has been awarded, the relationship between the contracting authority and the contractor raises a different set of questions.

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Law No. 4735 on Public Procurement Contracts governs the preparation and implementation of contracts resulting from procurements subject to Law No. 4734. The official Public Procurement Authority legislation resources include both Law No. 4734 and Law No. 4735.

 

The distinction is important in practice. A company can win a tender and still face substantial legal issues during contract performance involving payment, delays, guarantees, amendments, penalties, termination or other contractual matters.

The official parliamentary record for Law No. 4735 confirms the statute's formal legislative history.

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Procurement Regulations and Secondary Legislation

The procurement framework is supplemented by regulations, communiqués, presidential decisions and other secondary legislation.

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The Kamu İhale Kurumu legislation database provides access to procurement regulations, implementation regulations and other related legislation.

 

For a live tender, checking the current version of the applicable rules is particularly important because procurement legislation can be amended.

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Who Oversees Public Procurement in Turkey?

The Public Procurement Authority (Kamu İhale Kurumu – KİK) is a central institution in Turkey's public procurement system.

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It plays an important role in procurement regulation and in reviewing qualifying complaints and appeals concerning public tenders.

 

Businesses dealing with procurement issues can consult the official KİK website for legislation, decisions, announcements and other procurement information.

 

KİK decisions can also be useful when researching how particular procurement provisions have been interpreted in practice. However, a previous decision should not automatically be treated as controlling every later tender because the precise facts, documents and procedural circumstances matter.

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EKAP: Turkey's Electronic Public Procurement Platform

If you are participating in a Turkish public tender, EKAP is likely to be an important part of the process.

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EKAP, the Electronic Public Procurement Platform, is used for numerous procurement-related activities, including tender information, electronic submissions and communications.

 

The official EKAP platform provides procurement announcements, legislation-related notices, system information and other resources.

 

Electronic procurement has become increasingly important. For example, KİK announced the availability of an EKAP-based electronic application for procurements falling under statutory exceptions, covering processes such as announcements or invitations, submission of guarantees and qualification documents, electronic bids, evaluation and notifications.

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For businesses, this means procurement compliance is no longer only about physical paperwork. Electronic records, notifications, submission times and EKAP procedures can also become legally significant.

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What Does a Public Procurement Lawyer Do?

A public procurement lawyer can become involved at very different stages of a tender.

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Sometimes the most valuable advice is given before a company submits its bid. In other cases, legal assistance becomes necessary after the company has been excluded, lost a tender or discovered a problem with the procurement process.

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Reviewing Tender Documents

Tender documents can be lengthy and technical. A legal review can help a bidder understand what the documents actually require and identify provisions that may create legal or commercial risks.

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Depending on the tender, this may involve reviewing:

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• administrative specifications;

• technical specifications;

• draft procurement contracts;

• qualification requirements;

• financial requirements;

• professional and technical experience;

• temporary guarantees;

• performance guarantees;

• evaluation criteria;

• delivery obligations;

• completion periods;

• penalties;

• termination provisions; and

• other contractual conditions.

 

The aim is not to turn every tender into a legal exercise. It is to identify the issues that could realistically affect the company's participation or contractual exposure.

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Advising on Tender Eligibility

A business may have the technical ability to perform a project but still fail to meet a particular legal or documentary requirement.

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Before bidding, counsel can help assess questions concerning:

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• company status;

• required qualifications;

• professional experience;

• financial capacity;

• certificates;

• tax and social-security documentation;

• guarantees;

• powers of attorney;

• joint ventures;

• consortia;

• subcontracting; and

• foreign-company documentation.

 

For international bidders, this review can be especially useful because documents issued abroad may require particular formalities, Turkish translations or other forms of verification.

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Public Procurement for Foreign Companies in Turkey

Turkey's procurement market can be attractive to international contractors, suppliers, technology companies, engineering firms and service providers.

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At the same time, a foreign company should not assume that documents and procedures used in its home country will automatically satisfy Turkish procurement requirements.

 

A foreign bidder may need to consider:

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Corporate Documentation

The bidder may need to demonstrate its legal status, authority to participate and authority of the person signing or submitting the tender.

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Foreign Certificates and Documents

Documents originating outside Turkey may raise questions concerning authentication, legalisation, apostille requirements, translation and acceptance by the relevant authority.

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Guarantees

The tender may require specific forms of guarantee. The terms and validity of a guarantee can matter as much as the amount.

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Local Cooperation

Some projects may involve joint ventures, consortia, subcontractors or local business partners. The legal structure should be considered carefully before submission.

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Electronic Procedures

International bidders should also understand how the relevant electronic procurement procedures operate and who within the organisation will monitor notifications and deadlines.

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Businesses entering Turkey may also benefit from advice on company formation in Turkey, foreign investment, international commercial transactions and Turkish tax compliance, depending on the structure of the proposed project.

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Procurement Procedures in Turkey

Turkish procurement law provides different procedures for different circumstances.

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The appropriate procedure can influence how a tender is announced, who can participate, how bids are evaluated and what steps are available to participants.

 

Common procurement concepts include:

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• open tender procedures;

• negotiated procedures;

• restricted procedures;

• direct procurement in circumstances permitted by law; and

• procurement falling within statutory exceptions.

 

A company should therefore identify the actual procurement procedure before assessing its rights or obligations.

 

The official KİK procurement legislation database should be checked for the current rules applicable to the particular procedure.

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Challenging a Public Tender in Turkey

A bidder may believe that a tender specification, administrative decision, evaluation or award process has unfairly affected its position.

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Turkish procurement legislation provides specific administrative mechanisms for qualifying procurement complaints and appeals.

 

The important point is that not every disagreement with a contracting authority is treated in the same way.

 

The appropriate legal route depends on matters such as:

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• what decision is being challenged;

• when the issue became known;

• which authority made the decision;

• the procurement procedure involved;

• whether a complaint must first be made to the contracting authority;

• whether an application to KİK is available; and

• whether judicial review may subsequently be appropriate.

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Complaint to the Contracting Authority

Depending on the circumstances, a bidder may first need to submit a complaint to the relevant contracting authority.

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The complaint should be carefully prepared and supported by the procurement documents and evidence relevant to the alleged violation.

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Appeal to the Public Procurement Authority

Where the statutory conditions are satisfied, an applicant may be able to bring an appeal before the Public Procurement Authority following the applicable procedure.

 

The precise procedural requirements and deadlines should be checked against the current version of the legislation and the relevant procurement.

 

KİK's official procurement legislation resources are therefore an important starting point when assessing a potential challenge.

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Why Timing Matters in Procurement Disputes

Public procurement disputes are often unusually sensitive to time.

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A company may discover an issue shortly before:

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• a bid deadline;

• a notification deadline;

• tender evaluation;

• contract signing; or

• another critical procedural stage.

 

Waiting to obtain legal advice can therefore create unnecessary risk.

 

When a procurement problem arises, it is useful to preserve the complete chronology, including:

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1. publication or notification dates;

2. tender-document versions;

3. questions and clarifications;

4. submitted documents;

5. EKAP notifications;

6. contracting-authority decisions;

7. evaluation records;

8. correspondence; and

9. relevant deadlines.

 

The first legal question is often not simply "Do we have a good argument?" but "What remedy is still legally available, and when must it be exercised?"

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Challenging Tender Specifications

Technical and administrative specifications can have a major influence on competition.

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A company may believe that a requirement is unnecessarily restrictive, inconsistent with the applicable procurement rules or otherwise prevents it from competing on an equal footing.

 

Such situations require a document-based legal analysis.

 

The lawyer may examine:

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• the wording of the requirement;

• the purpose of the procurement;

• applicable legislation;

• technical justification;

• proportionality;

• the effect on potential bidders;

• relevant KİK decisions; and

• available procedural remedies.

 

The objective is not to challenge every difficult requirement. Rather, it is to determine whether there is a legally meaningful basis for doing so.

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Bid Evaluation and Exclusion

Being excluded from a tender can be commercially serious, particularly where the procurement concerns a major construction project, long-term service contract or strategic supply agreement.

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However, the fact that a bidder has been excluded does not by itself establish that the decision was unlawful.

 

A proper assessment should examine why the bidder was excluded.

 

Potential issues may concern:

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• missing documents;

• incorrect documents;

• qualification requirements;

• technical specifications;

• guarantees;

• financial criteria;

• professional experience;

• declarations;

• electronic submission;

• signatures; or

• the interpretation of the tender documents.

 

A procurement lawyer can compare the exclusion decision against the tender documents and applicable legislation and then assess whether an available remedy is realistically worth pursuing.

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Public Procurement Contracts and Contract Performance

Winning a tender is not the end of the legal process.

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Once the procurement contract is signed, the parties may encounter issues concerning performance, payment, delays, variations, guarantees, penalties and termination.

 

Law No. 4735 is particularly important at this stage. It establishes the framework for contracts arising from procurements covered by Law No. 4734.

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Common Contract Issues

Procurement contract disputes may involve:

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• delayed payments;

• delayed delivery;

• failure to meet technical requirements;

• defective performance;

• extensions of time;

• price adjustments;

• additional work;

• penalties;

• performance guarantees;

• acceptance procedures;

• termination; and

• disputes concerning contractual interpretation.

 

Because public procurement contracts operate within a statutory framework, a contractor should consider both the wording of the contract and the mandatory procurement rules.

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Public Construction Procurement

Public construction and infrastructure projects can involve particularly significant legal and financial exposure.

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A contractor may need to coordinate procurement requirements with construction contracts, engineering obligations, project finance, guarantees and dispute resolution.

 

For this reason, a public works matter may benefit from advice covering construction law in Turkey, project finance, real estate law and dispute resolution.

 

A contractor should ideally consider these issues before signing the contract, rather than waiting until a performance dispute develops.

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Public Procurement and Competition Law

Procurement and competition law can sometimes overlap.

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For example, businesses participating in the same tender must be careful about communications and arrangements that could raise competition-law concerns.

 

Potential issues may include:

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• coordination between competitors;

• sharing commercially sensitive information;

• bid-related arrangements;

• restrictive agreements; and

• other conduct capable of affecting competition.

 

The Turkish Competition Authority provides official information about Turkish competition law and enforcement.

 

Where a procurement matter raises competition concerns, advice from both procurement and competition-law perspectives may be appropriate.

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Procurement Compliance for Turkish Businesses

For companies that participate in tenders regularly, legal compliance should ideally begin long before a dispute.

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An effective internal process may include:

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Tender Monitoring

Monitor relevant procurement announcements and ensure that responsible employees know where official notices are published.

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Document Control

Maintain a reliable process for checking certificates, declarations, guarantees and other bid documents.

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Deadline Management

Record tender, notification and potential challenge deadlines immediately.

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EKAP Monitoring

Ensure that authorised personnel regularly monitor relevant electronic procurement records and notifications.

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Internal Legal Review

Where the tender is commercially significant or legally complex, have the documents reviewed before submission.

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Contract Review

Do not wait until after winning the tender to examine the draft contract. The contractual risk may affect the commercial decision to bid in the first place.

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What Should a Company Do When a Procurement Problem Arises?

If a company believes that something has gone wrong in a Turkish public tender, the following practical steps can help preserve its position:

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First, preserve the documents. Keep the tender notice, specifications, correspondence, submissions, notifications and relevant EKAP records.

 

Second, establish the timeline. Record when each relevant event occurred and when the company became aware of it.

 

Third, identify the decision being challenged. A disagreement with the outcome is different from a challenge to the legality of a particular administrative action.

 

Fourth, review the available remedy. Determine whether the matter calls for a complaint to the contracting authority, an application to KİK, judicial proceedings or another legal step.

 

Fifth, act promptly. Procurement remedies can be subject to strict procedural requirements.

 

This practical approach can save valuable time when the procurement is already moving quickly.

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Public Procurement Lawyer in Istanbul for International Clients

Istanbul is home to a large number of Turkish companies, international businesses, contractors, suppliers and investors participating in commercial and public-sector projects.

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An Istanbul-based procurement practice can therefore involve matters extending beyond a straightforward tender review.

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For international clients, a procurement project may also involve:

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• Turkish corporate law;

• foreign investment;

• construction;

• financing;

• tax;

• employment;

• intellectual property;

• data protection;

• competition;

• international contracts; and

• dispute resolution.

 

Kurucuk & Associates can coordinate procurement advice with related areas of Turkish law where the structure of the transaction requires it.

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For example, a technology supplier participating in a public tender may need to consider IT law and personal data protection, while an infrastructure contractor may need advice on construction, project finance and commercial contracts.

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How Kurucuk & Associates Approaches Procurement Matters

Public procurement work is rarely about quoting a statute and stopping there.

 

The more useful question is usually:

 

What does this particular procurement require, what legal risks does it create for the client, and what can realistically be done about those risks?

 

Kurucuk & Associates Law Firm approaches procurement matters by examining the relevant legislation together with the actual tender documents, procedural history, correspondence and commercial circumstances.

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Legal assistance may include:

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• procurement-law consultations;

• tender-document review;

• bid and eligibility assessment;

• procurement compliance;

• advice for foreign bidders;

• review of procurement contracts;

• assistance with administrative complaints;

• KİK applications and related proceedings;

• judicial review and litigation;

• contract-performance disputes; and

• coordination with other areas of Turkish commercial and administrative law.

 

The firm's broader experience in Turkish business law, administrative law, contract law, international commercial law and dispute resolution can be relevant when a procurement issue extends beyond the tender itself.

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Frequently Asked Questions About Public Procurement Law in Turkey

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What is the main law governing public procurement in Turkey?

The principal legislation is Law No. 4734 on Public Procurement. The procurement framework is supplemented by Law No. 4735, regulations, communiqués and other secondary legislation. The current legislation should be checked for the particular procurement because the framework is subject to amendments.

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What is EKAP?

EKAP is Turkey's Electronic Public Procurement Platform. It provides electronic procurement-related services and information and has become an important part of the Turkish public procurement process.

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Can a foreign company participate in a public tender in Turkey?

A foreign company may be able to participate, depending on the applicable legislation, tender documents, procurement procedure and eligibility requirements. Foreign companies should review documentation, qualification, guarantees, corporate authority and electronic procedures before submitting a bid.

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Can a company challenge a public tender decision in Turkey?

Potentially. Turkish procurement legislation provides administrative complaint and appeal mechanisms for qualifying disputes. The available remedy depends on the nature and timing of the issue, and statutory procedural requirements must be observed.

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What happens if a company is excluded from a tender?

The reason for exclusion should first be identified and compared with the tender documents and applicable legislation. Depending on the circumstances, administrative or judicial remedies may be available.

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Can tender specifications be challenged?

Potentially, if the relevant legal and procedural requirements are satisfied. Whether a challenge is appropriate depends on the wording of the specification, the applicable procurement rules, the timing of the objection and the available remedy.

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What is the difference between procurement law and procurement contract law?

Procurement law primarily governs the tendering and award process, while procurement contract law concerns the contractual relationship following the procurement. Law No. 4734 and Law No. 4735 are therefore both important but address different stages of the process.

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Is legal advice necessary before participating in a Turkish public tender?

Not every tender requires extensive external legal involvement. However, legal review can be particularly valuable for large, technically complex or high-value procurements, foreign bidders, unusual qualification requirements and tenders where a potential challenge may arise.

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Why is early procurement-law advice important?

Many procurement problems are easier to prevent than to repair later. Reviewing the tender documents before submission can identify qualification, documentation, guarantee, contractual and procedural issues while there is still time to address them.

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A Practical Guide to Public Procurement in Turkey

For a business, a Turkish public tender should not be viewed simply as an opportunity to submit the lowest or most attractive price.

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It is a regulated process.

 

The company must understand the tender documents, satisfy the applicable requirements, submit its bid correctly, monitor electronic notifications, meet procedural deadlines and be prepared to protect its rights if a genuine legal problem arises.

 

For successful bidders, the legal work continues into the contract itself.

 

That is why public procurement law, administrative law and procurement contract law often need to be considered together.

 

The official Public Procurement Authority resources and EKAP platform are useful starting points for current procurement information, while legal advice can help a business apply the rules to the facts and documents of its particular tender.

 

Kurucuk & Associates Law Firm provides legal assistance to businesses and international clients dealing with public procurement law in Istanbul and throughout Turkey, from preliminary tender review to procurement disputes and contract-performance issues.

 

Every procurement matter is fact-specific. The applicable legislation, tender documents, procedural history and statutory deadlines should be reviewed before deciding on a legal course of action.