The guarantee in public procurement legislation: Assessment in light of the Public Procurement Authority and judicial decisions

Public procurement, which is an important part of its commercial life, should be carried out in an objective competition environment within the framework of the basic principles set forth in the Public Procurement Law No. 4734 (Public Procurement Law). will yield fruitful results with the establishment of an environment of trust. Because, in the natural flow of life, there may be bidders who act or behave to disrupt the tender process, or who fail to complete their commitments properly. Administrations demand certain assurances from the bidders in order to protect themselves from such risks that may arise during the tender process and subsequent contracting processes, to prevent public damage and to ensure that the needs are met on time by ensuring the efficient use of resources. These guarantees, called guarantees, are prepared by the bidders within the framework of the procedures and principles specified in the Law No. 4734 and the secondary legislation, and are presented to the administrations as a condition of participation in the tender and then as a condition of signing the contract. Guarantees used in public tenders; bid bonds, performance bonds, additional performance bonds and advance bonds. It is important that the public personnel and companies working in the tender units have information about the guarantees and their applications, so that both parties do not face administrative sanctions and financial responsibilities. Within the scope of the study, the subject of guarantee will be discussed within the framework of problems such as the relationship between the parties and the parties within the scope of public procurement law, the payment of guarantees and the disputes arising during the payment phase, the recourse relationship, the statute of limitations. and will be examined within the framework of judicial decisions.