Complaints, Objections, Complaints and Cancellation Cases in Public Procurement: Steps to Protect Your Rights
Public tenders are tender procedures regulated by law for the supply of goods and services needed by public institutions. These procedures are based on fundamental principles such as transparency, competition and effective use of public resources.
However, as in every system, illegalities may occur from time to time in public tenders. In such cases, the law provides certain ways to cancel the tender and protect rights. The most important of these ways are complaint, objection complaint and annulment case.
What is a Complaint?
A complaint is a written application addressed to the administration where the tender is made, if a public tender is thought to be unlawful. Complaints can be made at any stage of the tender. In the complaint petition, it must be clearly stated which action is unlawful, the basis for this unlawfulness and what the requested action is.
After examining the complaint, the administration makes a reasoned decision within ten days and notifies the complainant. If the complaint is accepted, the administration establishes the necessary procedures. If the complaint is rejected, the complainant may file an objection to the Public Procurement Authority (PPA) within five days.
What is an Objection Complaint?
An objection complaint is an application made to the PPA against the decision made by the administration in response to the complaint. In the objection complaint petition, the reasons why the administration’s decision is unlawful and what the requested action is should be clearly stated.
After reviewing the objection complaint, the JCC makes a reasoned decision within thirty days and notifies the complainant and other relevant parties. If the complaint is accepted by the decision of the PPA, the PUB establishes the necessary procedures or instructs the administration to take the necessary procedures. If the complaint is rejected by the decision of the PPA, the complainant may file a lawsuit in the administrative court within six months.
What is an annulment case?
An annulment lawsuit is a type of lawsuit filed in an administrative court alleging the illegality of a public tender transaction. In order to file a lawsuit for annulment, the complaint and objection methods must first be exhausted.
