HUK339

Tender Law

Faculty \ Department
School of Law \ Law
Course Credit
ECTS Credit
Course Type
Instructional Language
2
3
Elective
Turkish
Prerequisites
-
Programs that can take the course
Law
Course Description
This course deals with the basic concepts, legal basis and application processes of public procurement law. Within the framework of the Public Procurement Law, tender processes, tender procedures, evaluation of bids, finalization of the tender process and appeal procedures are examined. In addition, the rights and obligations of the parties in the procurement process, the principles of procurement law and judicial review mechanisms are discussed in detail.
Textbook and / or References
Bahtiyar AKYILMAZ / Murat SEZGİNER / Cemil KAYA, Türk İdare Hukuku, Seçkin, 18. Baskı, 2024.
Süleyman ARSLAN / Bahtiyar AKYILMAZ / Murat SEZGİNER / Cemil KAYA, İdare Hukuku Mevzuatı, Seçkin, 19. Baskı, 2024.
Course Objectives
The aim of this course is to enable students to comprehend the basic principles of public procurement law, the functioning and legal dimensions of the procurement process. Students will gain the knowledge and skills to analyze legal problems in the public procurement process by learning the tender procedures, bid evaluation processes and dispute resolution methods related to tenders.
Course Outcomes
1. Has a command of the basic concepts and legal framework of public procurement law.
2. Distinguishes the tender procedures regulated in the Public Procurement Law.
3. Distinguish open tender, tender between certain tenderers and bargaining procedures.
4. Has a command of the legal basis and implementation processes of direct procurement and design competitions.
5. Has a command of the application of the stages of evaluation and finalization of bids in the tender process.
6. Has knowledge about objection and judicial remedies for public procurement processes.
7. Has knowledge of the importance of transparency, competition and equal treatment principles in public procurement.
8. Identifies legal problems encountered in public procurement processes and produces legal solutions.
Tentative Course Plan
Week 1: The Concept of Tender
Week 2: Overview of Public Procurement Law
Week 3: Basic Principles According to the Public Procurement Law, Tender Procedures Regulated in the Public Procurement Law
Week 4: Open Tender Procedure
Week 5: Tender Procedure Among Certain Tenderers
Week 6: Negotiation Procedure
Week 7: Direct Procurement
Week 8: Design Competitions
Week 9: Evaluation of Bids in the Tender Process
Week 10: Finalization of Tenders
Week 11: Complaint Application, Appealing Complaint Application
Week 12: Judicial Application
Tentative Assesment Methods
• Midterm 40 %
• Final 60 %
Program Outcome *
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