Tender Preparation

Submitting a tender for public procurement also means that the bidder places itself under a highly significant commitment. The tender submitted encompasses commitments that the company cannot withdraw until the “tender validity period” expires.

Kılıç Kurumsal Danışmanlık A.Ş. (Kılıç Kurumsal) considers both the irreversible risks that companies will face after submitting a tender and the advantages they may gain by doing so. In this context, our aim is to contribute to the timely, accurate and practicable preparation of the tender.

A. What Does Submitting a Tender for Public Procurement Mean?

1. The Tender Is the Company’s Binding Declaration

The tender indicates that the company agrees to perform the work subject to the tender at a specified price and under specified conditions. This declaration is evaluated together with the tender documents and tender appendices. Furthermore, once the tender has been submitted, it is often not possible to rectify a provision that has been misunderstood.

2. The Tender Price Alone Is Not Sufficient

The lowest price does not always mean the right tender. The delivery period, payment arrangements, bid security, performance security, penalties, price adjustment, warranty, and inspection and acceptance conditions affect the tender decision. When determining its price, the bidding company should also consider the obligations it will assume after winning the tender.

3. Electronic Tendering Requires Advance Preparation

For electronic tenders, the tender is prepared through EKAP (electronic public procurement platform) and submitted using an electronic signature. The authorised user, company information, shareholding records, electronic notification address and document fields should be checked in advance. Corrections made on the tender date may put the tender process at risk.

4. Bid Security and Participation Documents Should Be Checked Together

The amount, validity period and form of the bid security must comply with the tender documents. The Tender Participation Document, tender letter, qualification information and, where applicable, information on non-price factors must be completed correctly within the same system. A minor omission, defect or error may result in the tender being excluded from evaluation, the security being recorded as revenue or the company being prohibited from participating in tenders.

5. Submitting a Tender Also Constitutes a Commitment to Enter into and Perform the Contract

The decision to submit a tender also constitutes a commitment to enter into and perform the contract. The bidding company should therefore plan important matters such as subcontractors, suppliers, personnel, the work programme, payment schedule and acceptance procedures before submitting the tender. A tender that is won without adequate preparation creates financial, penal and legal liabilities during the contract process.

B. How Is a Tender Submitted Under Different Procurement Procedures?

1. Tender Submission under the Open Procedure

Under the open procedure, all bidders may submit tenders. Competition is therefore high, making document and price checks more important. The company should first read the contract notice and the tender documents together. Participation requirements, qualification documents, the time for tender submission and contractual provisions should be presented in a single schedule.

Preparation for an open tender should not be left until the final day. Work experience, balance sheet, turnover, quality certificates, permits, licences, shareholding information, security and electronic signature authority should be completed in advance. The tender price should be based not only on estimates of competitors’ prices, but also on actual costs and contractual obligations.

2. Tender Submission under the Restricted Procedure

The restricted procedure consists of two stages. A qualification application is submitted first. The invited candidates then submit their tenders. Under this procedure, the qualification file submitted at the first stage is as important as the tender submitted at the second stage.

At the application stage, the company must accurately demonstrate its work experience, financial capacity, technical personnel, machinery and equipment resources, experience in similar work and shareholding structure. A price tender cannot be submitted without an invitation. The application file is therefore the first and most important part of the tender strategy.

3. Tender Submission in Advertised and Non-Advertised Negotiated Procedures

Under the negotiated procedure, the tender process varies according to the subject of the tender and the method of invitation. Some negotiated procedures are advertised. Others are conducted only with invited bidders. The company should know in advance which type of negotiated procedure it is participating in and which documents will be requested at each stage.

Under this procedure, the stages involving the initial tender, final tender, technical discussions, price reduction and completion of documents should not be confused. In particular, the final written price tender has a binding effect. The company should carefully maintain consistency between the statements it makes during discussions and its final tender price.

4. Standard Checks That Do Not Vary by Procedure

Although the procurement procedure may vary, certain checks are standard. The authority of the person submitting the tender, compliance of the security, validity of the qualification documents, accuracy of electronic records, tax and social security status, prohibition/participation risk and tender documents should be reviewed under every procedure.

C. Why Should Tender Submission Be Handled by Specialists?

1. The Legislation and Documents Should Be Read Together

The public procurement process is conducted in accordance with laws, implementing regulations, general specifications, standard administrative specifications, standard contracts, electronic tendering rules and application time limits. A brief expression or single word in a specification may alter the tender price or contractual obligations.

2. Errors in Time Limits May Have Serious Consequences

The tender submission time, time limit for requesting clarification, complaint period, appeal period and period for invitation to contract should each be monitored separately. Once a time limit has been missed, providing a valid justification often does not produce the expected outcome.

3. Qualification Documents Cannot Be Checked Superficially

The subject and value of the work experience certificate, the similar work category, the certificate holder’s relationship with the company and the type of tender in which it will be used should each be reviewed separately. Financial capacity, quality certificates, permits, licences, shareholding records and authority to represent the company should be checked with the same care.

4. Security and Prohibition Risks Should Be Identified in Advance

Matters such as tax or social security debt, the status of a person prohibited from participating in the tender, an unauthorised signature or a document containing false information do not merely result in exclusion of the tender. In some cases, they may also create a risk that the bid security will be recorded as revenue and/or the company will be prohibited from participating in tenders.

5. Price Calculations Should Be Based on the Actual Workload

When preparing the tender price, materials, labour, vehicles, insurance, tax, transport, storage, financing, warranty, testing, samples, price adjustment and acceptance costs should be calculated together. The necessary preparation becomes even more important for an abnormally low tender explanation or tenders involving non-price factors.

6. Technical and Contractual Risks Should Be Assessed Simultaneously

For works contracts, the project, bill of quantities, site, work programme, provisional acceptance and final acceptance obligations are important. For supply contracts, product compliance, samples, procurement/overseas sourcing, warranty and servicing conditions come to the fore. For service contracts, personnel, vehicles, shifts, reporting and the acceptance method directly affect the tender price.

D. How Do We Assist Companies?

1. We Divide the Tender Process into Sections and Conduct a Detailed Review

Kılıç Kurumsal does not regard tender preparation as a single paperwork task. It first reviews the type of tender, documents, qualification requirements, company records and cost items separately. It then combines them within the same tender timetable. This minimises the risk of errors.

2. We Establish a Tender Control Framework for the Company

A control framework is established according to the duration and nature of the work. Within this scope, a “tender requirements comparison schedule”, “document preparation list”, “EKAP and authorisation control note”, “bid security, prohibition status, tax/SGK debt enquiry, cost and cash flow schedule”, “final tender checklist” and “management briefing note” may be prepared.

These documents enable the tender team to work from the same information.

3. We Work on the Principle of Continuous Improvement

Tender submission is related to the work described on the “Tender and Contract Management”, “Compliance and Risk Review”, “Tender and Contract Training”, “Expert Opinion and Reporting” and “NATO and Defence Industry Tender Preparation” subpages under the main “SERVICES” menu of our website. These services will not be repeated on this page.

However, submitting a tender for public procurement is an important part of a well-functioning systematic activity. Identifying deficiencies at every stage and continuously improving the system as a whole therefore fall within Kılıç Kurumsal’s area of expertise.

4. We Direct Companies to the Appropriate Information Resources

Those seeking concise explanations may be directed to video content, those seeking detailed learning to book publications, and those seeking legal information and reviews of decisions to separate information resources. Kılıç Kurumsal does not replace these resources; it serves as an institutional centre that directs the company to the appropriate area for its needs.

Video Resource: https://ihale.tv/iletisim

Book Resource: https://www.kilicakademi.com.tr/

Legal Information Resource: https://www.kilichukuk.org/iletisim

E. What Should Companies Wishing to Benefit from Our Expertise Do?

1. Prepare the Initial Information

The company should briefly provide the tender name, tender registration number, tender date, procurement procedure, whether a tender has already been submitted and the current stage. The notice, specifications, draft contract, price schedule, technical appendices and any correspondence with the contracting authority may be shared once the scope has been determined.

2. Clearly Define Your Main Question and Send It to Us

The company should clearly specify the matter for which support is requested, such as whether to submit a tender, compliance of a qualification document, security risk, price calculation, joint venture, abnormally low tender, non-price factor, draft contract or application time limit.

3. Apply Without Delay

The tender submission process is completed within a short period. On the day the documents are reviewed, attention should be given not only to price preparation, but also to document, time limit, security, EKAP, contract and application risks. The greater the scale and technical complexity of the work, the more valuable the preliminary review becomes.

4. The Scope of Work Is Clarified

Following the initial assessment, it is determined whether the work will consist solely of a document check, a pre-tender risk review, a cost and cash flow plan, a review of the draft contract or a separate assessment of the application time limit. The company is notified in writing of the documents to be delivered, the timeframe and the communication arrangements.

5. Contact

You can submit your application by completing the form on the “Corporate Service Request” subpage under the main “CONTACT” menu of our website.

Kılıç Kurumsal Danışmanlık A.Ş. conducts its activities from its Ankara headquarters. Meetings may be held in person or online, depending on the nature of the work.

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

Address: Eskişehir Yolu (Dumlupınar Bulvarı), Mustafa Kemal Mahallesi, 2079. Cadde, Via Green İş Merkezi, B Blok, Kat: 3/11, Çankaya / Ankara. Telephone: +90 312 285 96 00.