Revised procedures and principles have been released in Turkey for procurement of goods and services by the General Directorate of the State Airports Authority (“Directorate”). Affected procurements include those which are made within the framework of commercial and industrial activities approved by the Public Procurement Agency and which are directly related to the Directorate’s principal activities, subject to exclusions under the Public Procurement Law Number 4734 (“Public Procurement Law”).
The Regulation on Monetary Powers of the General Directorate of State Airports Authority and Procedures and Principles for Procurement of Goods and Services by the Directorate Within the Scope of Article 3(g) of Public Procurement Law Number 4734 (“Regulation”) was published in Official Gazette number 29623 on 13 February 2016, entering into effect on the same date.
The Regulation addresses:
- Establishment and working principles for procurement commissions.
- Principles for calculation of approximate costs.
- Procurement procedures and preparation of procurement documents.
- Principles for participation in procurements.
- Process of receiving and evaluating tenders.
- Rules for execution of contracts at the end of the procurement process.
The Directorate must ensure transparency, competition, equal treatment, reliability, confidentiality, public inspection, proper and timely fulfilment of needs, as well as efficient use of resources during public procurement performed in line with the Regulation.
Significant provisions in the Regulation include:
- Detailed conditions are outlined for tendering officials, procurement commissions and calculating approximate costs.
- Available procurements procedures:
- Open procurement: The principal method for the Directorate to procure goods and services under the Regulation.
- Negotiated procurement. Direct procurement is possible in certain specified circumstances, subject to the Public Procurement Law and its secondary legislation.
- Rules for the content and preparation of procurement documents, administrative and technical specifications and contract drafts.
- Rules for participating in public procurement. The Directorate determines which documents are required to demonstrate participants’ economic, financial, professional and technical capability.
- Conditions for presenting and evaluating bids, as well as their validity period. Determining the economically most advantageous bid can be based on the price alone, or also take other factors into account. Further principles are outlined to determine the economically most advantageous bid where there is a tie.
- Procedures for rejecting all bids and cancelling the procurement.
The Regulation abrogates the Procurement Regulation for General Directorate of State Airports Authority that was published in Official Gazette number 25323, dated 21 December 2013. Public procurements which were announced and called for tender prior to 13 February 2016 will be concluded pursuant to the regulations which were in effect on the date of the relevant announcement and call for tender.
Please see this link for the full text of the Regulation (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.