Because public procurement processes involve so many variables, issues that arise from them may have different legal basis. Despite the fact that procurement processes are frequently subjected to administrative audits or proceedings, civil and criminal justice are equally significant owing to the types of crimes that can occur throughout the process, particularly when it comes to implementing the contract.
When administrative disputes are examined, disputes arising from the tender announcement and document are the first to come to mind. In this context, the incompatibility between the announcement and the document is an important issue of dispute. The tender document regulations must ensure equilibrium in the participation of the tender. Thus, the competition conditions are essential. It is illegal to specify a brand and model in the technical specifications or to point out or describe any product.
Secondly, the proposal evaluation stage can be mentioned. The evaluation of a proposal that should have been excluded from the evaluation or the exclusion of a legitimate proposal from evaluation is one of the main issues of fundamental disputes at this stage. Government administrations are obliged to set up and implement the qualification criteria specified in the tender document in a way that will lead to all bidders having equal results. As a result, determining a legitimate offer is one of the administrative activities with substantial ramifications.
One of the important problems at the bid evaluation stage is the evaluation of abnormally low tenders. Indeed, Article 38 of the aforementioned Law has an important place in disputes arising from the Public Procurement Law No. 4734. This process, based on the acceptance or rejection of the offer, often leads to disputes between the parties.
The last issue that should be addressed within the framework of disputes at the administrative stage is prohibition frın public tenders. Those who engage in acts and behaviors prohibited by Article 17 of the Public Procurement Law, and those who do not sign a contract despite making a tender will be prohibited from participating in public tenders. There is considerable debate about whether the government is using this administrative sanction in accordance with the law or not.