Preparation and tender procedure
Need, appropriation, estimated cost, specifications; open tender, negotiated procedure, direct procurement and exceptions.
Review the scope of services
TENDER PROCESS · CONTRACT PERFORMANCE
Public Procurement Law
Legal support from tender preparation, bidding, complaints and court proceedings to disputes over progress payments, price adjustment and termination.
Scope of the service
Legal follow-up from the tender to completion of the contract.
Public procurement law covers preparation, qualification, bidding, evaluation and application procedures. Public contract law addresses the rights and obligations in the formation, performance and termination of the contract. The route of application is determined together with the party’s capacity and the stage the transaction has reached.
Güneş & Güneş Law Firm provides advice and representation for contracting authorities, candidates, bidders, contractors, joint ventures, subcontractors and foreign participants. From the tender documents to court proceedings, and from progress payments to the final account, the records are reviewed together. Joint representation of parties with a conflict of interest in the same file is not undertaken.
If you have received a decision or notification
Keep the tender registration number, the full text of the decision and the Electronic Public Procurement Platform (EKAP) notification record. Consider the dates of learning, notification and the tender together. For a time-limited application, do not wait for the consultation day or a reply from the firm.
Review the time limits and the different applicationsPractice areas
Our public procurement and public contract services
Pre-tender advice, application and litigation follow-up, and contract performance are handled through the 42 work topics in the six groups below.
Participation and qualification
Legal review of EKAP, foreign bidders, joint ventures, work experience and the tender participation certificate.
Review the scope of servicesBids and evaluation
Price schedule, debt records, samples, abnormally low tender, non-price factors and invitation to enter into the contract.
Review the scope of servicesApplications and judicial routes
Complaint to the contracting authority, objection complaint to the Public Procurement Authority (Kamu İhale Kurumu), administrative action, debarment and related liability.
Review the scope of servicesContract, price and time
Contract provisions, price adjustment, new price, work increase, extension of time and force majeure.
Review the scope of servicesProgress payments, termination and receivables
Payment, inspection and acceptance, final account, subcontractor, assignment, liquidation and dispute follow-up.
Review the scope of servicesTender preparation, documents and procedure
This group has 11 work topics
Service 01 Determining the Applicable Legislation and Transaction Regime
By examining the status of the contracting authority, the subject of the purchase or disposal, the source of financing, the estimated value, and special statutes and exemption provisions, it is determined whether the transaction is subject to Laws No. 4734, 4735, 2886 or another regulation. The version applicable according to the date of the announcement, invitation or contract and the transitional provisions are determined separately.
Service 02 Needs Planning, Appropriation and Tender Approval
The review covers whether the need is defined in a functional and proportionate manner, whether an appropriation exists, whether the work can be divided into parts, whether similar needs are considered together, whether the approval document is established by the authorized person, and consistency with the annual procurement plan.
Service 03 Estimated Cost and Market Research
The bases of the estimated cost, quantity, price sources, update method, profit and overhead components and confidentiality are assessed. The effect of an unrealistic cost on the announcement period, threshold value, qualification, abnormally low tender and appropriation is addressed.
Service 04 Legal Review of the Technical Specification
The following are examined: the definition of technical needs on the basis of efficiency and functionality; the statutory conditions for wording that points to a brand, model, patent, origin or particular source; and standards, certificates, samples, catalogs, demonstrations and acceptance criteria. Care is taken that technical requirements are measurable, workable and do not narrow competition unnecessarily.
Service 05 Administrative Specification, Draft Contract and Integrity of the Documents
A consistency check is carried out among the administrative specification, technical specification, draft contract, unit price bid schedule and standard forms as to subject, quantity, time, qualification, price adjustment, penalties, bond and acceptance provisions. The effect of any contradiction on bid preparation and evaluation is determined.
Service 06 Selection of the Tender Procedure and Purchase Method
The statutory conditions of methods such as open tender, restricted tender, negotiated procedure, direct procurement, framework agreement, dynamic purchasing and electronic auction are assessed. The justification for an exceptional method and the records in the transaction file are examined.
Service 07 Open Tender Procedure Processes
The announcement, documents, participation, e-bid, qualification and price evaluation are addressed in line with the principles of competition and equal treatment of the open tender procedure. Consistency between the announcement and the documents, and matters requiring a corrective announcement, are assessed within the time limit.
Service 08 Restricted Tender and Pre-Qualification
The expert or advanced-technology nature of the work, pre-qualification criteria, short list, invitation and bidding stages are examined. Scoring that narrows the number of candidates and the application of objective, predetermined criteria are reviewed.
Service 09 Negotiated Procedure and Invitation Processes
Whether the basis in Article 21 of Law No. 4734 exists in the specific case; the source of the urgency, unforeseeability, competition, the persons to be invited, initial and final bids, and technical and financial negotiation records are assessed. Continuous or unjustified use of the exceptional procedure is also examined separately.
Service 10 Direct Procurement Transactions
Bearing in mind that direct procurement is not a tender procedure, the condition in Article 22, market price research, spending authority, approval, inspection and acceptance, EKAP records and the need for a contract are assessed. The risk of dividing a need in order to avoid the monetary limit is examined.
Service 11 Exemptions and Excluded Procurement
In purchases made under Article 3 of Law No. 4734 or special laws, the limit of the exemption in terms of person, subject, amount and method is determined. The exemption does not remove all legal principles; special procedure, transparency, competition and auditability provisions are addressed separately.
EKAP, participation and qualification
This group has 8 work topics
Service 12 EKAP, E-Tender and Electronic Transaction Management
The lifecycle in EKAP of the needs report, estimated cost, committee, documents, e-form, e-bid, notification, decision and contract is examined. The legal effects of e-signature authority, signatory group, proxy user, timestamp, document upload and system records are assessed. For tenders announced on or after August 1, 2025, the new electronic regulation, current e-forms and the transaction record completed with an e-signature are taken as the basis.
Service 13 EKAP Registration of Domestic and Foreign Candidates
The EKAP registration of the natural or legal person, signatories, ownership and management information, e-signature, power of attorney and the manner of presenting foreign documents are checked. For foreign bidders, equivalence, certification, translation and country practice are tied to the transaction calendar.
Service 14 Joint Ventures, Consortia and Joint Bidding Arrangements
The qualification of the pilot and special members, work experience, turnover, participation shares, division of work, representation, and bid and contract liability are examined. Consistency is ensured between the joint venture declaration and agreement and the EKAP records.
Service 15 Conditions for Participation in the Tender and Obstacles to Participation
The bidder’s legal status, field of activity, authorized representatives, debarment status, interest relationships, connections with authority personnel, involvement in preparing the tender documents and other obstacles to participation are assessed on the basis of concrete records.
Service 16 Economic and Financial Qualification
The proportionality of qualification criteria such as the balance sheet, income statement, total turnover, business volume and bank reference to the nature of the work; the required period, ratio, manner of satisfying them in a joint venture and equivalent documents are examined under the current implementing regulation.
Service 17 Professional and Technical Qualification
The statutory basis of conditions such as personnel, machinery, equipment, quality, environment, authorization, permits, production capacity and other technical qualification requirements and their effect on competition are assessed. Document requests that are not directly related to the subject of the tender or that are disproportionate are identified.
Service 18 Work Experience Certificates and Similar Work
Work completion, work status, work supervision and work management certificates are examined in terms of the authority competent to issue the certificate, acceptance, completion rate, certificate amount, updating, transfer, joint ventures and the definition of similar work. Private-sector contracts and the records that can be used where a work experience certificate cannot be issued are assessed under the current legislation.
Service 19 Tender Participation Certificate, Statements and Presentation of Documents
Statements in the tender participation certificate are compared with EKAP and related institution records, uploaded documents, authority, dates, amounts and document presentation rules. Mandatory fields, the original of the document, its electronic copy, notarial certification, records requested to be submitted later, certification, translation and e-signature are checked. In files subject to the previous regime, the qualification information table is assessed separately; a lack of information is distinguished from the creation of a new qualification.
Bids, bonds and evaluation
This group has 11 work topics
Service 20 Bid Letter and Price Schedules
The bid letter, unit price schedule, lump-sum price, work item, quantity, currency, arithmetic result, tax and expense items and the bid validity period are assessed. The risk of an entry inconsistent with the documents or a conditional bid is identified.
Service 21 Bid Bonds, Performance Bonds and Electronic Bonds
The bond rate, validity date, amount, beneficiary, bank or surety institution, conformity with the standard form, and cash and electronic bond transactions are examined. The current electronic arrangement for additional performance, advance, final account and provisional acceptance deficiency bonds in the contract period is also assessed separately. In tenders within the scope whose announcement or notice is on or after April 1, 2026, the electronic arrangement requirement for additional performance, advance, final account and provisional acceptance deficiency bonds at the contract stage is also checked separately.
Service 22 Tax and Social Security Premium Debt Inquiries
Inquiries made through the EKAP integration, the document date, a verifiable record, the scope of the debt and the consequences for the bid are examined together with current Public Procurement Board (Kamu İhale Kurulu) decisions. In the event of an inquiry error or a dispute between institutional records, application and documentation steps are determined. In tenders postponed by the Authority for technical reasons, the special conditions of Decision No. 2026/DK.D-18 are assessed together with the bid time, the date of the first tender and the previously submitted debt-free record.
Service 23 Samples, Catalogs, Demonstrations and Technical Conformity
The place in the documents and the evaluation method of requests for samples or product presentations, catalogs, technical data, device demonstrations, brand/model statements and laboratory tests are examined. It is reviewed whether the tender committee relied on a criterion not announced in advance or applied different methods to different bidders.
Service 24 Opening and Evaluation of Bids
The opening of e-bids, first session records, debarment and debt inquiries, qualification, bid conformity and the determination of the most economically advantageous tender are examined. Which information the committee may request to be clarified and which deficiency changes the substance of the bid are assessed according to the specific file.
Service 25 Information Deficiencies, Clarification and the Limit on Completion
Care is taken that the authority’s power to request clarification does not turn into a change of the bid price or an essential element. The difference between confirming information already present in the electronic record and creating a new qualification afterwards is examined in light of equal treatment and the Board’s practice.
Service 26 Abnormally Low Tender Inquiry
The threshold value, significant bid components, analysis format, public unit prices and market rates, price quotations, labor, machinery, transport and clarification documents are examined. It is ensured that the authority’s inquiry is clear and that the bidder’s clarification is limited to the requested components, documented and consistent.
Service 27 Domestic Bidder, Domestic Goods and Price Advantage
Domestic bidder status, the domestic goods certificate, medium- and high-technology industrial products, domestic machinery or equipment requirements and price advantage rules are examined. The scope of the certificate in terms of product, manufacturer, date and validity is matched to the item offered.
Service 28 Non-Price Factors and the Most Economically Advantageous Tender
The measurability and scoring method of non-price factors such as quality, technical value, operating and maintenance cost, delivery time, efficiency, domestic content or bid–estimated cost consistency are assessed. It is required that the criteria affecting the result be stated clearly in advance in the announcement and the documents.
Service 29 Tender Committee Decision, Approval and Cancellation of the Tender
The formation of the committee, expertise, quorum for meetings and decisions, dissenting-vote reasons, the approval or cancellation act of the tender approving official and the grounds of the finalized tender decision are examined. It is borne in mind that the power of cancellation must be exercised in a manner bound by the public interest and the requirements of the service, and subject to review.
Service 30 Invitation to the Contract and Formation of the Contract
Completion of the administrative application process, the invitation to enter into the contract, performance bond, tax and Social Security Institution (SGK) status, confirmation of debarment status, stamp duty and other contract documents are checked. Signing authority, time limits and electronic contract transactions in EKAP are followed together.
Complaint, litigation and debarment
This group has 5 work topics
Service 31 Complaint to the Contracting Authority
In a complaint directed at the tender documents or at acts and omissions, the standing to apply, date of becoming aware, time limit, allegations, link between unlawfulness and interest, signature through EKAP and the authority’s decision period are determined. Since the application affects the scope of the subsequent objection complaint, all allegations must be framed clearly and with supporting grounds.
Service 32 Objection Complaint to the Public Procurement Authority
An e-objection complaint is prepared where the authority has issued a decision, has failed to decide, or where the law provides for direct application to the Authority. The application fee, signing authority, form, time limit, limit of the allegations, equal-treatment review, corrective action and cancellation possibilities are assessed in the specific file.
Service 33 Judicial Review of Public Procurement Board Decisions
Administrative action against a Board decision, stay of execution, time limit, subject-matter and territorial jurisdiction, proper respondent and the consequences that are hard to remedy and arise from the tender calendar are assessed together. The implementation of the court decision by the Board and the authority and a new Board decision are followed separately. The rules on expedited proceedings, the time limit for the action and direct appeal are distinguished from the debarment action; it is not accepted that an application stays execution automatically.
Service 34 Debarment from Tenders
The prohibited act, date of determination, competent authority, duration, effect on shareholders and companies, Official Gazette announcement and EKAP record under Laws No. 4734 and 4735 are examined. The nature of the debarment as an administrative sanction is distinguished from a criminal investigation; requests for annulment and stay of execution are prepared according to the specific case.
Service 35 Acts Affecting Competition or the Tender Decision, and Criminal Proceedings
Allegations of collusive bidding, price or bid coordination, forged documents, threats, undue influence, access to confidential information, bids managed by the same person and influencing the tender decision are examined under Laws No. 4734 and 4735, the Turkish Penal Code and competition law, each with its own elements. The protection of in-house records and the right of defense are observed. It is taken into account that Decision No. 2025/DK.D-310 was annulled by Decision No. 2026/DK.D-66. As to debarment, the act and the competent authority are examined in the specific file; the exercise of the right of application is not in itself treated as grounds for an automatic sanction.
Contract, price adjustment and time
This group has 4 work topics
Service 36 Preparation and Interpretation of the Public Contract
The contract type, price, term, work program, parties’ obligations, subcontractor, bond, insurance, price adjustment, penalties, acceptance, termination and dispute provisions are examined within the integrity of the tender documents. It is borne in mind that no essential change contrary to the documents may be made after the tender.
Service 37 Price Adjustment, Index and Update of the Contract Price
The announcement or invitation date of the tender, contract type, nature of the work, price adjustment provision, base index, weighting ratios and progress payment periods are assessed under the current price adjustment rules. Temporary statutory provisions are addressed only within their own date and scope conditions.
Service 38 Work Increases, Work Reductions and Contract Changes
Whether the work remains within the limits of the contract, technical or economic separability, ratio, appropriation, new price, time and contractor liability are examined. Legal limits are set so as to avoid actions that later change the subject of the tender and the competition conditions in an essential manner.
Service 39 Extension of Time, Force Majeure and Delay
Whether the event arises from the contractor, unforeseeability, unavoidability, notice, documents, the critical work program and the effect of the delay are assessed. Delay attributable to the authority, site handover, project change, payment delay and force majeure claims are examined with separate records. In force majeure under Article 10 of Law No. 4735, written notice within 20 days following the date on which the event occurred and other statutory conditions are examined separately.
Progress payments, acceptance, termination and receivables
This group has 3 work topics
Service 40 Progress Payments, Inspection, Acceptance and Final Account
Completed construction or services, measurement, measurement attachments (ataşman), progress payments, deductions, price adjustment, penalties, provisional and final acceptance, defects, warranty, maintenance and final account transactions are assessed according to the contract and the inspection and acceptance rules. Situations requiring a timely reservation of rights (ihtirazî kayıt) and written notice are identified.
Service 41 Subcontractor, Assignment of the Contract, Termination and Liquidation
Subcontractor approval and liability, change in the contractor’s ownership structure, conditions for assignment of the contract, termination by the contractor or the authority, forfeiture of the bond, liquidation, account settlement and the consequences of debarment are examined together.
Service 42 Receivables and Disputes Arising from Public Contracts
In claims for progress payments, price adjustment, work increases, extension of time, delay penalties, defects, acceptance, bonds, termination, liquidation and compensation, the competent jurisdiction or the dispute resolution route in the contract is determined. Without confusing the administrative application at the tender stage with a dispute arising from contract performance, a litigation, arbitration or negotiation strategy is built.
Time limits and procedural security
Time limits for complaints, objection complaints and actions
A separate time calculation is required for each step.
A complaint to the contracting authority, an objection complaint to the Authority and an action are not the same application. After the regime governing the tender and the applicant’s capacity are determined, the time limit is calculated from the full document and the notification record. This table does not calculate the final filing date of a particular file.
| Step | General time limit | Start and limit |
|---|---|---|
| Complaint to the contracting authority | 5 days in tenders under Article 21/b and c of Law No. 4734; 10 days in others | Starts on the day following the date on which the person became aware, or should have become aware, of the act or omission; the application is made before the contract is signed. |
| Complaint on the announcement and documents | Within the 5/10-day period; and in addition no later than 3 business days before the tender or the last application date | The announcement, obtaining of the documents and addendum are examined separately. The condition of complaining before a bid or application is submitted is also taken into account. |
| Decision by the contracting authority | 10 days upon a complaint | If there is no decision within the time limit, the end of the decision period is followed for the application to the Authority; if there is a decision, its notification is followed. |
| Objection complaint to the Authority | Generally 10 days | Runs from notification of the authority’s decision or, if no decision is made within the time limit, from the end of the decision period. Power to act, capacity, fee and e-signature are checked separately. |
| Cancellation of the tender upon a complaint | 5 days, directly to the Authority | Applies only to cancellation decisions taken upon a complaint or objection complaint. For a tender canceled on the authority’s own initiative, the direct judicial route is assessed separately. |
| Administrative action against a tender act | As a rule 30 days under Article 20/A of the Administrative Procedure Law No. 2577 (İYUK) | Mandatory administrative routes, if any, are exhausted. Article 11 of İYUK does not apply; an ordinary request for reconsideration is not assumed to suspend the time limit for filing the action. |
| Appeal route in expedited proceedings | 15 days from notification of the final decision | Direct appeal (temyiz) applies to a decision under Article 20/A of İYUK; the regional appeal route (istinaf) does not apply. |
| Action against debarment from tenders | In the absence of a special provision, generally 60 days | Outside expedited proceedings. The starting date is determined separately on the basis of publication, notification, learning and the nature of the specific decision. |
Bases: Law No. 4734, Articles 54–57 (opens in a new tab); Council of State (Danıştay) decision on Articles 7 and 20/A of İYUK (opens in a new tab); appeal route in expedited proceedings (opens in a new tab). Days and business days are not the same; the effect of holidays and of irregular notification is examined separately. The absence of an application route or time limit in the decision may affect judicial assessment; this should not be relied on as a reason to wait.
Signing of the contract and stay of execution
A complaint and an objection complaint filed within the time limit are handled together with the contract-signing waiting rules in Articles 55–56 of Law No. 4734. These rules do not mean that every transaction or the performance of the contract stops automatically.
Filing an administrative action does not by itself stay execution either. If required, a request for a stay of execution is prepared with the conditions of unlawfulness and concrete harm.
Completing the application in EKAP
The person concerned and the power of representation, all allegations, mandatory information, fee and e-signature are checked. Saving a document as a draft or uploading it to the system is not the same as completing the application.
The submission and completion record is preserved. EKAP notification records are followed separately; the time calculation is not postponed on the ground that no e-mail or SMS arrived.
Current legislation
What do the 2026 changes affect in your file?
Update of work experience
May 13, 2026 · Official Gazette 33252
Read the official announcement (opens in a new tab)For work experience under contracts concluded with a tender discount on estimate unit prices, the months taken as the basis depending on whether the price is published once or several times a year were rearranged. The relevant certificate update rule is checked for construction works and for public-private partnership (PPP) and licensed works.
Documents, financial qualification and abnormally low tender
April 9, 2026 · Official Gazette 33219
Read the official announcement (opens in a new tab)Equivalent documents for financial qualification; information for the two previous years that can be used in tenders held in the first four months of the year; proof of stamp duty on the contract submitted in place of work experience; and abnormally low tender clarifications were updated. Part of the provisions entered into force on April 9 and part on May 9, 2026. The text applicable on the date of the announcement or invitation and the transitional rule are selected together.
Electronic arrangement for contract bonds
March 17, 2026 · 2026/DK.D-88 and 89
Read the official announcement (opens in a new tab)In tenders within the scope whose announcement or notice is on or after April 1, 2026, letters of guarantee and surety bonds relating to additional performance, advance, final account and provisional acceptance deficiency bonds are issued electronically through EKAP–Takasbank. In calling a foreign-currency bond, the currency and the exception for authorities that can collect only Turkish currency are examined separately.
Current position in the debarment assessment
March 4, 2026 · 2026/DK.D-66
Read the official announcement (opens in a new tab)Regulatory Decision No. 2025/DK.D-310 was annulled following the Council of State’s stay-of-execution decision. Whether the prohibited act occurred in the specific tender is assessed by the competent authority or ministry within the framework of Articles 17 and 58 of Law No. 4734. An annulled decision cannot be used as an independent basis for a sanction.
Debt inquiry in a tender postponed for a technical reason
January 22, 2026 announcement · 2026/DK.D-18
Read the official announcement (opens in a new tab)In certain tenders postponed by the Authority for a technical reason, a special document review is provided for as to tax and SGK debt. The time the bid was submitted, the debt-free certificate uploaded earlier and the absence of debt on the requested date are required together. The provision is not a general possibility that every debt can be cleared afterwards.
Current limits and electronic document
February 1, 2026 limits · August 1, 2025 electronic regime
Read the official announcement (opens in a new tab)The threshold value, monetary limit and transaction fee are determined from the official table for the relevant date. In tenders announced on or after August 1, 2025, the tender participation certificate has replaced the qualification information table. A file with an earlier date and a current transaction are not assessed with the same document version.
Source review: October 4, 2026. Explanation of the electronic tender regime (opens in a new tab) and the Authority’s current announcements (opens in a new tab) were examined together. Requests for stakeholder opinions dated June–August 2026 are not presented as legislative changes that have entered into force.
Two different refunds
Refund of the application fee and of the Authority’s contract share
The attorney’s fee, the application fee for an objection complaint and the Authority’s share charged on the contract are different items. The conditions for payment or refund of each are examined separately.
Application fee for an objection complaint
Article 53/j of Law No. 4734, as amended by Article 11 of Law No. 7571, regulates the principle of refund in proportion to the rate found justified from December 26, 2025. A written request within 30 days following notification of the decision is required; the refund is made within 15 days following the application.
Not every application or corrective action gives rise to a refund. The exceptions the law provides for rejections and for decisions based only on an equal-treatment review, and the counting of separate allegations, are assessed together.
Authority share charged on the contract price
This refund is different from the application fee. As a result of a lawsuit against a Board decision, or in cases of termination due to force majeure under Article 10 of Law No. 4735, the statutory conditions are examined for the share corresponding to the unrealized part of the initial contract price.
A request to the authority within 30 days following notification that the termination or liquidation is complete is required. Separate 15-day periods are provided for the authority’s transmission to the Authority and for the Authority’s refund. In case of delay, the statutory interest provision is assessed separately.
Read Article 11 of Law No. 7571 and the entry-into-force article (opens in a new tab)Applicable law
What transactions do Laws No. 4734, 4735 and 2886 govern?
| Area of regulation | Main function | Principal legal question |
|---|---|---|
| Public Procurement Law No. 4734 | The order of tender preparation, procedure, qualification, bidding, evaluation and application in purchases of goods and services and in works | Is the act or decision in the tender process lawful? |
| Public Procurement Contracts Law No. 4735 | The regulation and performance of contracts concluded as a result of tenders under Law No. 4734 | How are the parties’ performance, bonds, penalties, termination and debarment applied? |
| State Tender Law No. 2886 | For the relevant authorities, sale, lease, exchange, creation of rights other than rights in rem (gayri aynî hak) over ownership and other transactions in the law | Is the transaction subject to the 2886 regime or to another special regulation? |
| Exemption or excluded purchase | Purchases that depart wholly or partly from the general regime by statutory provision | Which provisions will not apply, and which fundamental principles remain protected? |
| Direct procurement | Purchase without applying certain tender rules such as announcement and bond in the limited cases provided by law | Does the statutory condition exist; has the need been artificially divided? |
| Public-private partnership or special-law regime | Selection and contract system specific to a project, concession, license or sector model | What are the special law, the competent authority and the dispute route? |
The fact that a transaction is carried out by a public institution is not in itself sufficient for Law No. 4734 to apply; likewise, the words “private law contract” in a contract do not automatically determine the competent court or the mandatory tender rules. The status of the contracting authority, the subject of the transaction, the statutory basis, the date of the tender and the contract provisions must be examined together.
Law No. 4734 on Public Procurement essentially deals with the planning of public purchases and the tender process; Law No. 4735 on Public Procurement Contracts deals with the regulation and performance of contracts signed as a result of tenders held under that Law. Implementing regulations, the Public Procurement General Communiqué, standard specifications, standard forms, price adjustment rules, inspection and acceptance rules, Public Procurement Board decisions and EKAP rules complement these two basic laws.
Not every public act is subject to Laws No. 4734 and 4735. Sales, leases and immovable-property transactions under State Tender Law No. 2886; statutory exemptions, excluded purchases, public-private partnership projects, concession and license relationships, and purchases subject to special laws may rest on different provisions. The first legal step is to determine the real nature of the transaction and the regime to be applied, not its name.
It is not assumed that the complaint system of Law No. 4734 applies as is to Law No. 2886, direct procurement, and exempt and excluded transactions. The final and executory act, the special regulation and the competent authority are determined separately.
Integrity of the transaction
From tender preparation to the contract: documents and risk map
Public purchases consist of determining the need and the appropriation, the estimated cost, technical and administrative specifications, choice of procedure, announcement or invitation, qualification, bid, evaluation, tender decision, administrative applications and contract steps. An unlawfulness at one of these stages may affect competition, equal treatment, efficient use of resources, the validity of the bid or the formation of the contract.
| Stage | Critical documents | Principal legal risk |
|---|---|---|
| Planning | Needs report, appropriation, estimated cost, approval document | Incorrect definition of the need, division, and problems of authority and appropriation |
| Documents | Technical/administrative specification, draft contract, standard forms | Provisions that narrow competition or contradict each other |
| Participation | EKAP registration, tender participation certificate, work experience, bond | Currency of the document, authority, format and presentation errors |
| Bid | E-bid, price schedule, joint venture and subcontractor information | Arithmetic, signature, unit price, bid scope and validity |
| Evaluation | Minutes, inquiries, clarifications, committee decision | Equal treatment, limit on clarification and lack of reasoning |
| Application | E-complaint, e-objection complaint, notification and fee record | Time limit, capacity, form, allegation and order of applications |
| Contract | Invitation, performance bond, debarment confirmation, contract | Authority to sign, time limit, bond and missing documents |
| Performance | Work program, progress payment, minutes, instruction, acceptance, final account | Delay, price adjustment, work change, defects, termination and receivables |
Rights and obligations after signing
Progress payments, price adjustment, time and termination in a public contract
| Subject | Records examined | Legal distinction |
|---|---|---|
| Price adjustment and new price | Tender and contract date, type of work, formula, index, documents and temporary provisions | A general rise in costs does not automatically create an additional payment in every contract. The technical calculation and the legal basis are examined together. |
| Work increase or reduction | Project, written instruction, authority, separability from the main work and contract price | The conditions in Article 24 of Law No. 4735 and limits specific to the contract type apply; not every new request can be added to the existing contract. |
| Force majeure and extension of time | Event, absence of fault, effect of the obstacle, documents and written notice | In the case of an event under Article 10 of Law No. 4735, written notice within 20 days following the date on which it occurred and the other conditions are required together. Delay attributable to the authority is assessed separately. |
| Progress payment, deductions and payment | Measurement attachments, measurement, minutes, progress payment, deductions, payment and reservation of rights | The procedure for requests and objections is followed according to the contract and the general specification; a signature or payment is not assumed to protect all rights automatically. |
| Acceptance, defects and bond | Inspection, provisional/final acceptance, deficiencies, warranty, final account and debt records | Acceptance, warranty and return of the bond are different stages. The condition for return, deductions and forfeiture are examined separately. |
| Termination, liquidation and receivables | Formal notice (ihtar), defense, state of performance, fault, account and notification | The contract action, the administrative act, debarment and criminal liability are distinguished from one another; the competent court and, if any, the arbitration/mediation condition are determined. |
How do we handle the contract file?
- The contract and annexes: The hierarchy and consistency among the tender decision, documents, contract, work program and bonds are examined.
- Initial records: Site handover, commencement of work, project, personnel, machinery, insurance and subcontractor approvals are identified.
- Performance records: A chronology of progress payments, minutes, correspondence, instructions, revisions, delays and payments is built.
- Change requests: The bases of price adjustment, new price, work increase/reduction and extension of time are assessed separately.
- Acceptance and accounts: Inspection, provisional/final acceptance, defects, warranty, final account and return of the bond are followed.
- Dispute: Formal notice, reservation of rights, termination, liquidation, debarment, and the litigation or arbitration route are planned together with their time limits.
Basis: Law No. 4735 (opens in a new tab), the applicable price adjustment rules, the general specification and the contract. Economic or technical calculations are verified by the work of the relevant professional; the firm coordinates the legal basis and the procedure for the claim.
Advice and representation
Our approach in tender files
We determine the regime, the party’s capacity and the time limit
The statutory basis of the transaction, the announcement or invitation date, the applicant’s capacity as candidate, bidder or prospective bidder, EKAP notifications and the final application date are shown in a single chronology.
We review the announcement and documents as a whole
The announcement, administrative and technical specifications, draft contract, standard forms and price schedule are read together. Provisions affecting contradiction, competition, proportionality, qualification and bid preparation are separated out.
We compare bid and evaluation records
The tender participation certificate and qualification records, e-bid, bonds, committee minutes, inquiries, clarifications and the finalized decision are examined in the same checklist table. The method applied to bidders in a similar situation is compared.
We file the administrative application within the time limit
Each allegation is written together with the act objected to, the legal basis, the effect on interest and the requested outcome. The e-complaint or e-objection complaint is completed with an authorized signature; the application fee and EKAP records are checked.
We follow the Board and court process
The authority’s reply, the Authority’s file, the Board decision, electronic notification and the contract calendar are followed. If an action is required, a stay of execution and implementation of the decision are planned together.
We assess the effect on the contract separately
The outcome of the tender and the formation and performance of the contract are not the same thing. If the contract has been signed, the competent court, interim legal protection, termination and receivable consequences are determined separately.
Professional Practice Dating Back to 1999
Tender and contract files are handled not on the basis of a single decision or request alone, but by evaluating the chronology of the transaction, authority, electronic records, integrity of the documents, the administrative application and the effect on the contract together.
Discipline in Time Limits, Document Versions and Electronic Records
The date and version of the announcement, addendum, bid, inquiry, decision and notification are recorded separately. The moment the electronic signature is applied and the application is completed is distinguished from the moment a draft is created or a document is uploaded.
Separating the Tender Stage from the Contract Stage
The Authority’s power of review and the dispute routes arising from contract performance are not confused. The choice among administrative application, administrative action, ordinary judicial proceedings or arbitration is made according to the nature of the specific legal relationship.
Multidisciplinary and Multilingual Coordination
Work is carried out with professionals whose scope of duties is defined in construction, engineering, cost, accounting, valuation and technical conformity. Communication in Turkish, English, German and Russian supports the consistency of meaning between a foreign bidder’s documents and the tender rules in Türkiye.
The scope of work, power of representation, secure document sharing and the information arrangement are agreed at the outset. The client is informed about applications, institutional replies, hearings and the effect of new records on the file. Legal risks, available options and expenses are assessed together.
Secure preparation
What information is needed for the first consultation?
Short summary for first contact
- Tender registration number and, if any, the EKAP link
- Your capacity as contracting authority, candidate, bidder, contractor or subcontractor
- Announcement/invitation, tender and, if any, contract dates
- A short summary of the dispute and the outcome sought
- Date of learning or notification of the decision and any approaching time limit
- Any complaint, objection complaint or action filed, and existing decisions
The time limit review is not left to a screenshot alone. The full decision, document version and EKAP notification record are preserved. The expiry of the application time limit is not awaited in order to collect documents.
For the tender process
- Tender registration number and EKAP tender link
- The announcement or invitation and all addenda and clarifications
- Administrative and technical specifications, draft contract and standard forms
- Tender participation certificate; under the previous regime the qualification information table, bid letter and price schedule
- Bid bond and the records submitted with the bid
- Tender committee minutes, inquiries and replies
- The finalized tender decision and all EKAP notifications
- Complaint/objection complaint applications and decisions
For the public contract
- Tender decision, contract and all annexes
- Performance bond and additional performance bond records
- Site handover, commencement of work and work program
- Progress payment, measurement attachments, attendance records (puantaj), measurement and deduction tables
- Authority instructions, correspondence and meeting minutes
- Requests for price adjustment, new price, work increase and extension of time
- Inspection, provisional/final acceptance, defect and warranty records
- Termination, liquidation, debarment, bond and final account documents
For a debarment or criminal allegation
- The letter determining the prohibited act and the supporting records
- Decisions of the tender committee and the tender approving official
- Notification, request for defense and replies given
- Official Gazette and EKAP debarment records
- Investigation file, statements and expert reports
- The shareholding and management structure of the company on the date of the event
Do not share an EKAP password, e-signature password or access code. Trade secrets, personal data and confidential tender documents are not uploaded to the general contact form. The necessary documents are requested after a secure sharing method has been determined; they are used only for legal assessment and the agreed service.
Institutional working arrangement
Antalya-based public procurement attorney services and nationwide follow-up in Türkiye
From the Antalya center across Türkiye
Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 by Attorney Umut Güneş, has carried out its 27 years of professional practice from its physical center in Antalya since 2007. Public procurement and contract matters in the 81 provinces and districts of Türkiye can be handled through remote or on-site work, as the file requires, and through coordination with local colleagues.
Transactions proceeding through EKAP and work requiring site visits, acceptance, progress payments or hearings are planned together. A nationwide service organization does not mean that there is a permanent branch or resident team in every province.
Foreign bidders and cross-border coordination
In a foreign participant’s participation in a tender in Türkiye, company documents, authority, certification, translation, e-signature, EKAP and joint venture conditions are assessed in advance. Communication can be conducted in Turkish, English, German and Russian.
If representation under foreign law is needed, work is done with a legal professional authorized in the relevant country. The choice of legal professional, scope, contract, flow of documents, follow-up, responsibility and coordination fee are determined separately. Legal services connected with Türkiye and representation in a foreign country are distinguished from each other.
Terms of work
Scope of services, fees and expenses
Scope of the attorney’s service
Document review, bid advice, complaint, objection complaint, administrative action and contract dispute are treated as separate engagements. The fee is determined by contract according to the scope of the work, the time required, the volume of documents, the stage of the proceedings and any connection with a foreign country.
A consultation request does not mean acceptance of the file or the undertaking of a time-limited act. No commitment is given as to acceptance of an application, winning a tender or collection of a receivable.
Application and review expenses
The Authority’s application fee, court fees, expert, technical/financial review, notary, translation, travel and notification expenses may be separate from the attorney’s fee. The nature of the expense and who bears it are explained together with the scope.
Refund of the application fee or of the Authority’s contract share is a separate claim subject to its statutory conditions; it does not mean an automatic refund of the attorney’s fee.
Clarity before applying
Frequently asked questions
What is the basic difference between Laws No. 4734 and 4735?
Law No. 4734 is based on pre-tender preparation and the tender process; Law No. 4735 on the regulation and performance of the contract signed as a result of a tender held under Law No. 4734. In a specific transaction, secondary legislation and the documents also apply together.
Review the relevant explanationIs every public contract subject to Law No. 4735?
No. Contracts to which the authority is a party may be subject to different laws and legal regimes. The basis of the tender, the subject of the transaction and special law provisions must be examined.
Review the relevant explanationIs direct procurement a tender procedure?
No. Direct procurement is a purchase method that allows the need to be met in the cases listed in the Law without applying certain tender rules. The statutory condition, market price research and record-keeping obligations continue.
Review the relevant explanationCan a need be divided to stay below the direct procurement limit?
Dividing a need that forms a natural whole, in order to avoid the procedure and announcement rules of the Law, may give rise to unlawfulness. The links of time, place, subject and budget of the need are examined concretely.
Can a brand or model be specified in the technical specification?
As a rule, technical specifications must not point to a particular brand or model. The mandatory technical cases in the Law and secondary legislation and the applicability of the “or equivalent” arrangement are assessed according to the specific need.
When must an unlawfulness in the tender documents be raised?
A complaint on the announcement or documents must be made without exceeding the applicable 5- or 10-day period; before a bid or application is submitted; and no later than 3 business days before the tender or the last application date. The dates of announcement, download and addendum are examined separately.
Review the relevant explanationCan one go directly to the Public Procurement Authority without a complaint?
As a rule, a complaint to the contracting authority that held the tender is followed by an objection complaint to the Public Procurement Authority. The limited cases in which the Law provides for direct application to the Authority are assessed separately.
Review the relevant explanationIs an objection complaint completed simply by uploading the petition to EKAP?
No. The authorized signature, application fee, mandatory information, time limit and the completion steps in the system must be checked. A draft or an incomplete signature is not the same as a valid application.
Review the relevant explanationDoes the right to apply end if the authority does not reply to the complaint?
No. If the authority does not decide within 10 days, an objection complaint to the Authority becomes available within 10 days following the end of that period. Notification of a decision given within the time limit creates a different starting point; the application time limit should not be allowed to pass while waiting for a late reply.
Review the relevant explanationDoes the Public Procurement Board review disputes over contract performance?
The Board’s review of an objection complaint is essentially directed at acts and omissions in the tender process. For disputes over contract performance such as progress payments, extension of time, price adjustment or termination, the competent jurisdiction or the contractual resolution route is determined separately.
Review the relevant explanationCan an action be filed against a Board decision?
Yes. An action against the Board’s tender decision is, as a rule, subject to the 30-day period in Article 20/A of İYUK. A stay of execution is requested separately; in this procedure there is a 15-day direct appeal route against the final decision. A debarment action is not subject to the same procedure.
Review the relevant explanationIs a tender cancellation decision an unlimited discretionary power?
No. The authority’s power of cancellation is bound by the public interest and the requirements of the service; the decision must rest on a concrete, consistent and reviewable reasoning.
Can every deficiency in the qualification documents be completed afterwards?
No. Having an information deficiency clarified is different from submitting afterwards a document that would change the substance of the bid or create a new qualification. The nature of the deficiency and the state of the electronic record are examined.
What are the most important checks on a work experience certificate?
The issuing authority, type of work, state of acceptance and completion, certificate amount, updating, similar work, joint venture and the status of the certificate holder are the basic areas of review. The legislative version on the date of the announcement is taken as the basis. The applicability of the 2026 changes in documents and updating is checked separately.
Review the relevant explanationIs a low price alone sufficient in an abnormally low tender clarification?
No. Analyses and supporting records in accordance with the legislation must be submitted for the significant bid components determined by the authority. The clarification method varies according to the type of purchase and the date of the tender.
Can an error in the bid letter be corrected?
Errors that affect an essential element of the bid, intent, price or signature, or that result in a conditional bid, often cannot be changed afterwards. The nature of the error, the standard form and the electronic bid record are examined together.
In what cases can a bid bond be forfeited?
Breach of the bid or contract obligations provided by law, debarment or document situations may affect the outcome for the bond. The basis and procedure of forfeiture and the bidder’s fault/act are assessed on the specific transaction.
Can a foreign company take part in a public tender in Türkiye?
Participation is possible depending on the tender documents and the provisions on domestic/foreign bidders in the legislation. EKAP registration, e-signature, equivalence of documents, certification, translation and the joint venture structure should be planned in advance.
Review the relevant explanationIs a price adjustment paid in every case in a public contract?
No. The tender and contract date, type of work, document provision, the relevant price adjustment rules and, if any, temporary statutory provisions are decisive. A general economic increase alone does not create an automatic payment in every contract.
Review the relevant explanationDoes a work increase cover every new request of the authority?
No. A work increase must remain within the limits of the contract and the law, must not depart from the main work, and must comply with the prescribed ratio and conditions. Work that differs in an essential manner may give rise to a need for a new purchase.
Review the relevant explanationIs oral notice sufficient for an extension of time?
Oral notice alone should not be relied upon. In force majeure under Article 10 of Law No. 4735, written notice within 20 days following the date on which the event occurred, documentation from the competent authority and the other statutory conditions are required together. Other grounds for extension of time are examined under their own contract and general specification rules.
Review the relevant explanationWhat rights does late payment by the authority give the contractor?
Interest, time, work program, financing effect and the possibility of termination are assessed according to the type of contract and the legislation. A payment delay may not by itself give the power to suspend all contractor performance.
Review the relevant explanationIs assignment of the contract free?
No. The case of statutory necessity, the authority’s consent, the qualification of the assignee, debarment and limits on assignment within a certain period must be examined. Subcontractor or ownership changes that look like a de facto assignment create separate risk.
Does a debarment decision also affect company shareholders?
The Law regulates the effect of debarment on connected persons or companies according to the type of company, shareholding ratio and management relationship. No generalization should be made without examining the registry and shareholding structure on the date of the event.
Review the relevant explanationIn 2026, is the qualification information table or the tender participation certificate used?
In tenders announced on or after August 1, 2025, the tender participation certificate is used under the new regime. The document arrangement applicable to a file with an earlier date is determined separately.
Review the relevant explanationIs the objection complaint fee refunded in full in every favorable decision?
No. The rate found justified, the type of decision, the exceptions and the time limit for the written request are examined together. Refund of the application fee differs from refund of the Authority’s share charged on the contract.
Review the relevant explanationIn a tender postponed for a technical reason, can a tax or SGK debt be cleared afterwards?
No such result can be drawn for every file. Decision No. 2026/DK.D-18 depends on special conditions; the bid time, the earlier debt-free certificate and the date to be shown are examined together.
Review the relevant explanationWhere does one apply for a tender cancellation decision taken without a complaint?
A cancellation taken upon a complaint or objection complaint is distinguished from cancellation by the authority on its own initiative. In the second case, the direct administrative action route and the short time limit for filing are assessed instead of an application to the Authority; it is not assumed that writing to the authority again will suspend the time limit.
Review the relevant explanationRelated services
Related practice areas
- Administrative Law and Courts
Administrative act, annulment action and stay of execution.
- Zoning and Planning Law
The relationship of plan, permit and transformation processes to public works.
- Tax Law and Tax Disputes
Tax debt, tax transactions and public receivable disputes.
- Competition Law
Conduct restricting competition and competition authority proceedings.
- Construction Law
Works, infrastructure, real estate and technical contract relationships.
- Contract Law
Formation, interpretation and performance of the contract.
- Commercial Law and Disputes
Company, commercial receivable and shareholder relationships.
- Corporate Governance and Compliance
Internal review, authority and corporate compliance.
- White-Collar Crime and Corporate Investigations
Criminal liability review separate from an allegation of a prohibited act.
- Arbitration Law
Arbitration and other resolution routes to the extent available.
Related sectors
Bases
Legislation and application sources
- Law No. 4734 · The Authority’s consolidated text (Word) (opens in a new tab)
- Law No. 4735 · The Authority’s consolidated text (Word) (opens in a new tab)
- Public Procurement Authority · legislation and e-forms (opens in a new tab)
- Law No. 7571 · fee refund and entry into force (opens in a new tab)
- Council of State · tender action and distinction of time limits (opens in a new tab)
- Public Procurement Authority · current announcements (opens in a new tab)
This page is for general information; it is not a legal opinion on a specific tender or contract and does not give a commitment as to outcome. The specific assessment is made on the legislation on the date of the transaction, transitional provisions, the full documents and electronic records.
Legal consultation
Briefly share your tender or contract matter.
The tender registration number, your capacity as a party, the subject of the dispute and, if any, the approaching time limit make the initial assessment easier. You can contact us for document review, application and litigation follow-up, and contract performance.
Do not wait for a reply for a time-limited act. Submitting a consultation request does not mean that the file has been accepted or that a representation relationship has been established.
Open the consultation request pageInformation and documents are kept confidential and used only for legal assessment and the agreed service. In the first contact, do not send an EKAP password, e-signature password or a confidential tender file. You can review the explanations in Confidentiality and Information Security.