Can I get the draft contract changed?

Usually not; by bidding you accept it. So objections and clarification requests must be made before bidding and within the applicable time limits.

Does the Contract Auditor review public tenders too?

Yes. When you tick the “Public tender / specification” option, questions about compliance with procurement legislation are also considered. The result is a preliminary assessment; for important tenders consult a specialist.

Can I upload a scanned specification?

Yes; text is read on your device with OCR (first 30 pages). PDFs with real text give faster and more accurate results.

Risk Check for Tender Specifications and Draft Contracts

The moment you bid, you accept every provision of the specification and draft contract. Here is what to look for in these documents before you submit an offer.

In tenders the draft contract is usually not negotiable: by submitting a bid you are deemed to accept the provisions of the specification and the draft. So the real decision is made before bidding, while reading the documents. Pay particular attention to the following.

Consistency between documents

A tender file usually consists of an administrative specification, a technical specification, a draft contract and annexes. One may give a completion period of 90 days and another 60. Find the provision that sets which document prevails, and consider clarifying every conflict through a written clarification request.

Main points to check

Completion/delivery period and the cases that extend it: do force majeure and delays caused by the authority extend the period?
Late penalty: the daily rate, the cap and the amount it is calculated on.
Guarantees: bid and performance bond amounts, return conditions and when they are forfeited.
Payment: frequency of interim payments, payment period and whether late payment bears interest.
Price adjustment: is there a mechanism for input-cost increases on long jobs?
Variations: what limit applies to the authority's right to increase or reduce the work?
Termination: in what cases and how does the authority terminate? What are the financial consequences for you?
Missing annexes: documents referred to in the draft but absent from the file.

The order-of-precedence clause

A clause stating which document prevails if they conflict is common. It can lift an innocent-looking provision in an annex above the main contract. Read the annexes with that in mind.

Contract Auditor — Audit the specification and draft contract with the “Public tender” option: it finds contradictions, penalty maths and missing annexes.

Legislation changes

Public tenders are governed by the Public Procurement Law and the Public Procurement Contracts Law and the regulations under them, which change from time to time. When judging whether a provision complies with legislation, check current texts at official sources such as the Official Gazette, mevzuat.gov.tr and the Public Procurement Authority. For important tenders, legal support also helps you avoid missing objection and application deadlines.

Deadlines for clarification requests and objections are short. Reading the documents in the first days rather than near the bid date leaves time both to ask questions and to decide.