Medical Devices, Pharmaceuticals, and Healthcare Laws
Kilic Cayli & Partners provides all kinds of legal support to its clients operating in the health sector, from the tender preparation process to the completion of the contract, regarding the procurement of medical devices, medical consumables, pharmaceuticals, and care services. In this context, we assist our clients by producing solutions suitable for their needs in terms of the risks they may encounter in the tender processes, in line with the rapidly and frequently changing tender legislation.
As Kilic Cayli & Partners, we provide legal support services to many different segments of the industry such as manufacturers, importers, distributors, service providers, and warehousing companies. In this direction, we provide legal consultancy to these client companies regarding the preparation of tender documents in accordance with the specifications in the tender processes, the execution of the application processes to the administrative authorities and the Public Procurement Authority, and the termination of the tender, as well as the permit procedures of the Ministry of Health and all kinds of problems related to the tender contracts. In addition, it provides all kinds of legal consultancy services to our clients operating in the health sector in the examination of Exclusivity, Exclusivity, Distributorship, Dealership/Main Dealership Agreements and in the settlement of disputes arising from the Social Security Institution and the implementation of the Health Practice Communiqué (SUT), and we offer litigation services.
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Preparation of Tenders for the Procurement of Medical Devices, Medical Consumables, Pharmaceuticals, and Healthcare Services
We provide legal consultancy services in examining the tender document, explaining the legal legislation, and requesting an addendum to the tender document. We provide legal support to our clients before the tender, regarding the tender documents, complaints to the administration, and complaints to the Public Procurement Authority. We provide our clients with the necessary consultancy services in terms of prohibited acts and behaviors in tenders and the reasons for exclusion.
Evaluation of Bids and Procurement Decision
During the evaluation of the bids, we examine the procurement decisions and explanations of extremely low bids and provide legal advice and support. We provide legal services regarding the preparation of complaints to the administration against the finalized tender decision and the complaints to the Public Procurement Authority.
Administrative Litigation and Disputes
We prepare annulment cases and represent our clients before the courts in the most comprehensive way against the decisions of the Public Procurement Board against our clients and the administrative sanction decisions regarding the termination of the tender. If an action for annulment is filed against the decisions of the Public Procurement Board taken in favor of our clients, we represent our clients most comprehensively by participating in the case as an intervening party.
Disputes Arising From the Procurement Contract
We provide all kinds of legal consultancy services to our clients against the sanctions to be applied by the administration during the implementation of the tender contract. In case of unfair progress payment cuts, we prepare correspondence and warnings in accordance with legal processes. We prepare legal applications for the termination of the tender contract and the recording of the performance bond as income, and we represent our clients in the most comprehensive way in the proceedings.
Providing Consultancy on the Permit Procedures of the Ministry of Health
Legal Solutions for Private Hospitals
We provide sector-specific solutions to legal needs such as the preparation of all kinds of contracts, including the resolution of disputes regarding the implementation of the SUT with the Social Security Institution, their review and amendment, and employment law practices.
Review of Exclusivity, Sole Dealership, Distributorship, and Dealership Agreements
We carry out the preparation of distribution (distributorship), exclusivity, sole dealership, and dealership contracts of client companies, and review and amend existing contracts. We provide all kinds of legal consultancy services to our clients in disputes arising from these contracts. In case of conflict, we prepare correspondence and warnings in accordance with legal processes. We represent our clients in the best way throughout the entire process, in case of legal disputes that may occur, if they are brought to the judiciary.
Consultancy and Training on Competition and Compliance With Regulations
While providing consultancy and training on the compliance of our client companies' contracts, and processes with competition legislation, we undertake oral and written defenses regarding possible disputes and carry out their representation before the Competition Authority.
International Contract, Arbitration, and Dispute Consultancy
We provide consultancy on the contracts of our client companies with the main manufacturers or distributors based abroad, we undertake the resolution of the disputes and their representation in the Arbitration Center and Courts if necessary.