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When a bid is unlawfully rejected or a competitor is unlawfully awarded a contract, Turkish law offers a three-step review: a complaint to the contracting authority, an appeal to the Public Procurement Authority (Kamu İhale Kurumu, KİK), and an action before the administrative courts. Each step has its own short deadline, and the first two are mandatory before going to court.
At a glance
- Step 1 — Complaint
- To the contracting authority within 10 days (5 days in certain procedures)
- Step 2 — Appeal
- To KİK within 10 days of the authority’s decision
- Step 3 — Court
- Ankara administrative courts within 30 days
Step 1: Complaint to the contracting authority
Under Article 55 of Law No. 4734, a complaint must be filed within ten days from the day after the bidder became, or should have become, aware of the unlawful act. In procedures under Article 21(b) and (c) and in tenders below the threshold values, the period is five days. Complaints about tender documents must be filed no later than three working days before the bid deadline.
The authority must decide within ten days. During the complaint period and until the review is completed, the contract cannot be signed — an important protection for the complaining bidder.
Step 2: Appeal to the Public Procurement Authority
If the complaint is rejected or not answered in time, the bidder may file an appeal (itirazen şikâyet) with KİK within ten days. The appeal must address the same issues as the complaint; new allegations generally cannot be added. An application fee set by KİK each year, depending on the tender’s estimated cost, must be paid, and a copy of the appeal is sent to the contracting authority.
KİK examines the file — often requesting the full tender documents — and may reject the appeal, order corrective action (for example re-evaluating bids) or cancel the tender.
Deadlines are calculated from awareness, not from the date the bidder reads the decision carefully. When a notification arrives by e-mail or through EKAP, the clock usually starts that day. Use our deadline calculator and confirm with counsel.
Step 3: Action before the administrative courts
KİK decisions can be challenged within thirty days of notification before the Ankara administrative courts under the expedited procedure of Article 20/A of the Administrative Procedure Law. Courts decide on the file within short statutory periods, and appeal decisions are given by the Council of State.
Common grounds of challenge
- Rejection of a bid for a minor formal defect that could have been clarified,
- Work-experience certificates assessed against a wrong “similar work” definition,
- Rejection of an abnormally low tender explanation that met the required format,
- Tender documents that unduly restrict competition or favour a specific product,
- Award to a bidder whose documents did not meet the requirements.
Foreign bidders
Foreign companies may bid in open tenders unless participation is limited to domestic bidders. Authorities may apply a domestic price advantage of up to fifteen per cent in favour of domestic bidders. Foreign documents must be apostilled and translated, and joint ventures with Turkish companies are common.
For a broader overview, see our public procurement law page.
Does a complaint stop the contract from being signed?
Yes. Until the complaint and appeal process is completed, the contracting authority may not sign the contract, subject to limited exceptions.
Is the appeal fee refunded if we win?
If KİK accepts the appeal, the fee may be refunded on request in accordance with KİK’s rules.
This article is for general information only and does not constitute legal advice. Time limits, rates and thresholds may change with new legislation; please have your specific situation assessed by a lawyer before taking action.
Prepared by
Candan Law & Consultancy
An Ankara-based law firm practising since 1997, representing individuals, companies and public-sector contractors in Turkish, English and French.
