Kılıç Çaylı & Partners give their clients legal advice in all aspects of goods, services and construction contracts from the stages of preparation for the tender to the stages of completion of the tender contract. Within this context, we help our clients by providing solutions to their needs in terms of the risks they may encounter during the tender processes, in accordance with the public procurement legislation which rapidly and frequently changes.
At Kılıç Çaylı & Partners, we provide consultancy and litigation services related to the preparation of offers in accordance with the specifications in the procurement documents, managing of the application processes to the administrative authorities and the Public Procurement Authority, annulment of tenders and any issues related to public procurement contracts.
How may we help you?
Public Procurement Processes
We provide legal consultancy services for the examination of the tender document, by giving information on the relevant legislations, and for submitting the application for an addendum in relation to the tender document. Prior to the procurement, we give legal support to our clients regarding the complaint applications before the administrative authorities, and the appeals before the Public Procurement Authority. We give legal consultancy services to our clients in terms of prohibited acts in tenders set out in the relevant legislations, and reasons for being excluded from tenders.
Evaluation of Offers and Conclusion of the Tender
In the course of evaluating the offers, we review evaluation materials and abnormally low submission explanations, and provide legal advice and support in relation to them. We also provide legal services for the complaints against the awards of procurement contracts and the preparation of appeals before the Public Procurement Authority.
Administrative Litigations and Disputes
We prepare the cancellation cases against the decisions of the Public Procurement Authority against our clients and the decisions of administrative authorities regarding cancellation of the procurement, and we represent our clients in the most comprehensive manner before the courts. If a cancellation case before the administrative courts is filed against a decision of the Public Procurement Authority which has been taken for the benefit of our client, we represent our client in the most comprehensive manner by participating in the case as an intervening party.
Decisions to Prohibit Participation in Tenders
We prepare the relevant legal applications against the prohibition decisions from procurements taken against our clients, according to Act no. 4734 on Public Procurement, Act no. 4735 on Public Procurement Contracts and Act no. 2886 on Government Procurement; and represent our clients in the most comprehensive manner in courts in relation to these decisions.
Disputes Arising out of Public Procurement Contracts
We provide all kinds of legal consultancy services to our clients against the sanctions imposed by the administrative authorities during the enforcement of the public procurement contract. In the event of unfair deduction on the progress payments, we prepare correspondence and warnings against the administrative authorities in accordance with the relevant legislation. We prepare legal applications against the annulment of public procurement contracts, and forfeiture of the tender securities; and represent our clients in the most comprehensive manner during the relevant proceedings.
Offenses in Relation to the Tenders
We offer legal services to our clients in matters related to the Article 235 of the Turkish Criminal Code on Corruption in Tenders and Article 236 of the Turkish Criminal Code on Involvement in Fraudulent Act during Fulfillment of Obligations.