Administrative sanctions in public procurement law

ublic procurement (or public tender) can be defined briefly as a method applied in the frame of a set of principles and rules that the administration follow for selecting its contractor. In Turkey, these rules are regulated in (primarily) these laws: Public Procurement Law numbered 4734, Public Procurement Contracts Law numbered 4735, and State Procurement Law numbered 2886. In order to build up an efficient procurement system, especially to protect public interests, there are various administrative sanctions and penal sanctions towards prohibited acts, conducts, and offenses committed in the tender process or contract process. While administrative sanctions are regulated in various laws, such as procurement laws mentioned above, and Misdemeanours Law numbered 5326, penal sanctions and offenses are regulated in Turkish Penal Law numbered 5237. However, there are provisions related to criminal law in procurement laws and Misdemeanours Law numbered 5326. In this study, primary administrative sanctions in the public procurement law; in this context, particularly, prohibition from participation in tenders, registering as revenue of tender security, disciplinary sanctions towards officers, and acts and conducts result in these sanctions are examined. Key Words: Public procurement, tender, prohibited acts or conducts, tender security, performance security, administrative sanction.