How to Object to a Public Tender in Turkey — The Complaint and Appeal-Complaint Process

Public procurement disputes are a specific category resolved first by a complaint to the contracting authority and then, if necessary, an appeal-complaint to the Public Procurement Authority, with each stage subject to short deadlines.

The Mandatory Complaint Application

Under Article 54 of Public Procurement Law No. 4734, allegations of unlawfulness in the tender process must first be raised through a complaint to the contracting authority; it is not possible to apply directly to the Public Procurement Authority or to the courts without first making this application.

The Complaint Filing Deadline

The complaint must be filed starting from the day following the date the act or omission in the tender process was, or should have been, discovered; five days for tenders conducted under subparagraphs (b) and (c) of Article 21 of the Law, ten days for other tender procedures, and in all cases before the contract is signed.

The Contracting Authority's Decision Period

The contracting authority must review the complaint and issue a decision within ten days, notifying both the complainant and other bidders; if no decision is made within this period, or the decision does not satisfy the complainant, the appeal-complaint route may be pursued.

Appeal-Complaint to the Public Procurement Authority

Against the contracting authority's decision, or where it fails to decide within the period, an appeal-complaint may be filed with the Public Procurement Authority; this application must be made within five days for decisions cancelling the tender, and ten days in other cases, starting from notification of the authority's decision or the expiry of the period within which a decision was due.

Board Review and the Subsequent Judicial Route

The Public Procurement Authority reviews the appeal-complaint and may decide to cancel the tender, order corrective action, or reject the application; the Board's decision can be challenged before the administrative courts, though a short deadline is also set for this action.

Deadlines Falling on Public Holidays

Where the last day of the complaint or appeal-complaint deadline falls on a public holiday, the period is extended until the end of the first business day following the holiday.

Practical Recommendations

Record the moment you noticed the unlawfulness in the tender process and the documents evidencing that date; follow the process together with a lawyer to avoid missing the short deadlines (five or ten days) set for the complaint and appeal-complaint.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.