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the HPC. Upon the HPC’s reauthorization, the draft contract and its
annexes will be amended accordingly. …”
The last sentence of paragraph 9 of Article 4 of Law No. 6428 is
exactly preserved in the amending law; pursuant to which, termination
of the contract by mutual agreement of the parties and amendments to
the contract shall be governed by the provisions of the contact, and in
case the contract is terminated, the performance letter of guarantee
shall be returned.
Other Amendments
Another amendment is introduced by Law No. 6527 to provision-
al Article 1 of Law No. 6428. This new amendment relates to provi-
sions on the establishment of a superficies right, on the application of
paragraph 7 of Article 3 (entitled ‘Principles and procedures of tender’)
and paragraph 9 of Article 4 on ongoing tenders and works, for which
the contract has been executed.
Moreover, another amendment to provisional Article 1 of Law No.
6428 reads as follows: “Decisions given by administrative jurisdictions
regarding lawsuits filed against tenders realized within the framework
of Additional Article 7 of Law No. 3359 prior to the entry into force of
this paragraph shall be complied with by making the necessary modi-
fications in the existing tender documents and contracts, and projects
will be conducted accordingly”.
As an example, the 13th Chamber of the Council of State issued a
stay of execution decisions related to tenders for the health campuses
to be established in Ankara-Etlik, Ankara-Bilkent and Elazığ, and
decided to apply to the Constitutional Court to challenge the compli-
ance of paragraph 8 of Additional Article 7 of Law No. 3359, which
forms the basis of the PPP tenders, with the Constitution2. Within this
framework, considering the amendment made to provisional Article 1
of Law No. 6428, it could be argued that through the modification of
tender documents and contracts to comply with the decisions of admin-
istrative courts, the goal is to prevent the cancellation of tenders.
MISCELLANEOUS 377
2 Please see. (Access date:
24.03.2014).