Expert Opinion Preparation

Some matters relating to public procurement and contracts cannot be resolved with a brief explanation. The documents, calculations, time periods and actions taken must be examined together by specialists in the relevant field. It is also important that the circumstances are set out clearly, accurately and promptly so that management can make a decision.

Kılıç Kurumsal Danışmanlık A.Ş. (Kılıç Kurumsal) compares a technical, financial or administrative matter against the legislation, the documents in the file and relevant cases. A legal opinion is a legal service provided by a lawyer and is not part of this service. It presents the outcome of the review as a clear expert opinion. This turns the matter requiring a decision into a structured and auditable study rather than leaving it as a purely verbal account.

A. What Are an Expert Opinion and Reporting?

An expert opinion is the examination of a specific issue within the scope of the legislation by persons with knowledge and experience relevant to the subject. Reporting is the process of documenting this examination in writing, together with its grounds, calculations, findings and conclusions.

The resulting study does not force every aspect of the matter towards the same conclusion. It sets out different possibilities, missing information and points requiring a decision separately. This enables the manager, tender unit or contract team to determine more easily what action to take on each matter.

B. When Is an Expert Review Required?

1. An Expert Review Is Required Before Making a Strategic Decision

An independent assessment may be requested before the tender documents are published, a tender is submitted, the contract is signed or a significant change is made. The financial, technical and operational aspects of the decision are considered together. This removes uncertainty for management when making its decision.

An expert review is also required when management needs a clear and unequivocal answer. Complex provisions of legislation, lengthy files and correspondence drafted from a single perspective may also make decision-making difficult. In such cases, the matter requiring clarification is summarised in terms of key events, options, possible effects and available actions. Aspects that require a legal assessment are flagged separately; their legal assessment is a legal service provided by a lawyer.

2. An Expert Review Is Required When There Is a Difference of Opinion

The technical team, finance department, tender unit or units within a company may reach different assessments of the same matter. The review identifies the document or calculation from which the difference of opinion arises. Differences within internal processes are resolved.

3. An Expert Review Is Required When Calculations Are Disputed

Disputes may arise over the estimated contract value, tender cost, abnormally low tender, progress payment, price adjustment, penalty or final account.

In such cases, the data, methodology and calculation steps used are recalculated. The correct outcome is determined and shared with the relevant party.

C. Who Can Use This Service?

1. Corporate Companies Submitting Tenders

They may request a technical, financial and administrative review of the tender conditions, qualification documents, price calculation or the outcome of the tender evaluation. These requests are examined and explained by our specialists.

2. Companies That Have Signed Contracts

File-based assessments of increases in work, time periods, progress payments, price adjustments, penalties, delivery, acceptance and final accounts are prepared by specialists in the relevant field and shared with the relevant parties.

3. Public Authorities and Publicly Owned Companies

Public authorities and publicly owned companies may request explanatory reports on tender preparation, tender evaluation, contract performance, payment, acceptance or internal review. These requests are examined and explained by our specialists.

4. Tender Units, Tender Teams and Project Teams

The preparation of briefing notes, calculation summaries and status reports for submission to the board of directors or senior management may be requested. These reports are prepared to set out the risks and advantages.

5. Participants in Overseas, NATO and Defence Industry Tenders

A review may be conducted of qualification conditions, technical criteria, confidentiality provisions, the supply chain, delivery arrangements and special contract conditions.

6. Organisations Requesting an Assessment or Opinion

They may request an institutional study explaining the technical, financial or administrative aspects of a particular event. The subject of the review and its intended purpose are specified at the outset.

D. What Matters Do We Review?

1. Tender Preparation and Document Review

Consistency between the definition of the requirement, estimated contract value, technical conditions, qualification criteria, evaluation procedure and draft contract is examined. Uncertainties that may affect the outcome are presented under separate headings.

2. Tender and Qualification Documents

Professional experience, financial standing, quality certificates, shareholding information, signing authority, guarantees and electronic records are examined. The assessment considers not only whether the document exists but also whether it satisfies the stipulated requirement.

3. Tender Cost and Abnormally Low Tender Explanations

The costs, quantities, unit prices and supporting documents that make up the price are compared. It is determined whether the explanation is internally consistent and whether it contains any calculation errors.

4. Progress Payments, Price Adjustments and Deductions

The quantity of work completed, measurement documents, progress payment calculation, price adjustment method and deductions are reviewed. The reasons for differing calculation results are presented in a table.

5. Time Periods, Delays and Work Programme

Commencement, interim delivery, notification and completion dates are placed in chronological order. The event causing the delay and its impact on the time period are examined.

6. Increases and Reductions in Work and Project Changes

The subject, quantity and cost of the change and its impact on the work programme are examined. The decisions in the file are compared with the work actually carried out. The actions to be taken are assessed within the scope of the legislation.

7. Penalties, Contract Termination and Guarantee Procedures

The events, notifications and calculations underlying an action that has been or is being considered are examined. Missing records and points requiring clarification are identified in the report.

8. Delivery, Inspection and Acceptance Procedures

The compliance of the work delivered with the contract and technical conditions is assessed using reports and measurement documents. The documents used to record incomplete matters or matters contrary to the legislation are identified.

9. Law No. 2886 and Special Procurement Areas

The sequence of procedures, documentation requirements, and financial implications of sales, leases, easements, procurement under special procedures and contracts specific to institutions are examined. The compliance of the procedures carried out with the legislation is assessed, and practical recommendations concerning problematic matters are reported.

10. International Tenders, NATO and Security Procurement

Documents, application requirements, partnership arrangements, delivery obligations and special security provisions relating to international tenders, NATO and security procurement are considered. The review findings are shared with the relevant parties.

E. Documents That May Be Delivered at the End of the Service

1. Expert Opinion

This is a written study that provides a reasoned answer to a specific question within the scope of the legislation and the documents provided. It is prepared by one or more specialists in the relevant field. It may be prepared for senior and middle managers.

Upon request, the findings of the study are explained to the relevant managers and teams. Questions are answered within the defined scope of the study.

2. Detailed Review Report

This is an expert opinion in which the events, documents, calculations and correspondence in the file are examined in detail, the necessary findings are made and the conclusions are presented as a whole. It may be prepared for senior managers.

Upon request, the findings of the study are explained to the relevant managers and teams. Questions are answered within the defined scope of the study.

3. Calculation Schedule

This presents the data used, calculation steps and comparative results. The documents to be reviewed and significant events are compiled chronologically in an easily traceable sequence. It may be prepared for departments of companies and institutions responsible for determining estimated contract values, submitting tenders, accounting, progress payments and similar matters.

F. Scope and Limitations of the Expert Opinion

An expert opinion prepared by Kılıç Kurumsal depends on the scope, nature and accuracy of the documents provided to it. As incomplete information or documents, or those subsequently amended, will affect the outcome of the assessment, responsibility is limited solely to the matters that could be examined.

An expert opinion prepared by Kılıç Kurumsal is not an official report issued by a court-appointed expert. Nor does it constitute litigation services, acting under a power of attorney or legal representation. No report can guarantee that a tender will be won, that payment will definitely be received or that a dispute will be resolved in a particular manner. However, the study conducted may have significant outcomes by strengthening the grounds for the decision to be taken and reducing uncertainty.

G. Send Us the Matter You Would Like Reviewed

You can submit your application by completing the form on the “Corporate Service Request” subpage under the “CONTACT” main menu of our website. It is sufficient to state the essence of the matter, the question you would like answered, the available documents and the purpose for which you will use the report. Following the initial review, you will be notified in writing of the scope and duration of the study, the persons to be assigned and the documents to be delivered.

Contact Details: https://www.kilickurumsal.com.tr/iletisim