Amendments to the Legislation on Tenders to be Conducted by the Ministry of Treasury and Finance
The Resolution of the President (Resolution) numbered 6807 on the Procedures and Principles Regarding the Tenders to be Conducted by the Ministry of Treasury and Finance within the Scope of Subparagraph (b) of Article 3 of the Public Procurement Law No. 4734 entered into force following its publication in the Official Gazette dated 16.02.2023 and numbered 32106. The Resolution repealed the Principles put into force by the Resolution of the Council of Ministers (Repealed Resolution) dated 14.05.2012 and numbered 2012/3194 regarding the tenders to be made by the Financial Crimes Investigation Board Presidency within the scope of subparagraph (b) of Article 3 of the Public Procurement Law No. 4734. Significant amendments introduced by the Resolution are summarized below.
- The Resolution stipulates that the Ministry of Treasury and Finance may use the bargaining procedure and direct procurement procedure in procurements. The tender procedure between certain tenderers, which was included in the Repealed Resolution, was abolished.
- The circumstances where the direct procurement procedure can be applied have been limited.
- Pursuant to the Resolution, if the contractor wishes to employ subcontractors, it shall submit the list of subcontractors to the relevant administration for approval. However, the administration is free to grant or withhold approval.
- The Resolution set out the bids shall be submitted in Turkish Lira.
- The Resolution reiterates the provision of Repealed Resolution stating the possibility of price difference payments for tenders conducted in Turkish Lira, and stipulates that the principles and procedures regarding the price difference in the agreements cannot be amended after the agreement is signed.
- The Repealed Resolution stipulated that the tenderer who was awarded the tender would be required to provide a performance bond equal to 6% of the tender price. With the Resolution, it is regulated that the successful tenderer will be required to obtain a performance bond equal to 6% of the tender price if the tender price is equal to or above the limit value, and 9% of the approximate cost if the tender price is below the limit value.
All rights of this article are reserved. This article may not be used, reproduced, copied, published, distributed, or otherwise disseminated without quotation or Erdem & Erdem Law Firm's written consent. Any content created without citing the resource or Erdem & Erdem Law Firm’s written consent is regularly tracked, and legal action will be taken in case of violation.
Other Contents
The Regulation on Railway Infrastructure Access and Capacity Allocation (Regulation) entered into force through publication in the Official Gazette dated 28.09.2023 and numbered 32323. The important amendments introduced by the Regulation are summarized...
The Regulation Amending the Regulation on the Procedures and Principles Regarding the Sale and Service of Tobacco Products and Alcoholic Beverages (Regulation) is published in the Official Gazette dated 20.09.2023 and numbered 32315. The amendments introduced by the Regulation are summarized...
The Office of Foreign Assets Control (OFAC) of the United States (US) has included some Turkish companies and an individual in the specially designated nationals and blocked persons list (SDN List) to limit Russia’s ability to acquire, develop and maintain the technology it needs for its war machines. The OFAC’s...
The Constitutional Court’s decision dated 22.06.2023 and numbered 2023/117 E., 2023/121 K. (Decision) has been published in the Official Gazette dated 15.09.2023 and numbered 32310. The Constitutional Court decided to annul a part of paragraph 1 of Article 3 of the Law on the Acquisition of Immovable...
The Communiqué on Procurements to be Made by Direct Procurement Method (Communiqué) is published in the Official Gazette dated 11.07.2023 and numbered 32245. The Communiqué will enter into force on 01.02.2024. Main issues set forth under the Communiqué are...
The Regulation Amending the Regulation on Second Hand Motor Vehicle Trade (Regulation) is published in the Official Gazette dated 06.07.2023 and numbered 32240. The Regulation will enter into force on 15.07.2023. Significant amendments introduced by the Regulation are...
The Regulation on the Amendment to the Regulation (Regulation) on Duty-Free Sales Stores (Amending Regulation) has entered into force through publication in the Official Gazette dated 20.04.2023 and numbered 32169. The key amendments introduced under the Amending Regulation are summarized as...
The Constitutional Court’s decision dated 22.02.2023 and numbered 2022/155 E. 2023/38 K. (Decision) is published in the Official Gazette dated 28.04.2023 and numbered 32174. With the decision, Article 187 of the Turkish Civil Code regarding the surname of women is cancelled...
The German Act on Corporate Due Diligence Obligations in Supply Chains (Law) entered into force on January 1, 2023. The Law imposes significant obligations on German companies in relation to environmental law and human rights, covering their supply chains...
The Regulation on Administrative Sanctions of the Nuclear Regulatory Authority (Regulation) has entered into force through its publication in the Official Gazette dated 24 January 2023 and numbered 32083. Significant provisions introduced by the Regulation are summarized...
The Regulation Amending the Regulation on the Technical Requirements for Alcohol and Alcoholic Beverage Facilities, Procedures and Principles Regarding their Establishment, Operation and Supervision and the Regulation Amending the Regulation on the Procedures and Principles Regarding the Domestic...
The Communiqué on Environmental Impact Assessment Qualification Certificate (Communiqué) entered into force following its publication in the Official Gazette dated 31.12.2022 and numbered 32060. With the Communiqué, the Communiqué on Environmental Impact Assessment Qualification Certificate published in...
The European Council (Council) adopted the 9th Sanction Package (Sanction Package) to be applied against Russian Federation on 16.12.2022. The most notable sanctions imposed by the European Union (EU) against the Russian Federation under the Sanctions Package are summarized...
The Law Amending the Law on the Regulation of Tobacco, Tobacco Products and Alcohol Market and Certain Laws (Law) entered into force following its publication in the Official Gazette dated 10.12.2022 and numbered 32039. Significant amendments introduced by the Law are...
The Law on the Amendment to the Press Law and Certain Laws (Law) is published in the Official Gazette dated 18.10.2022 and numbered 31987. The Law amended a number of laws, most notably Press Law numbered 5187 (Press Law), Law on the Regulation of Internet Publications and Combating...
The Presidential Circular numbered 2022/15 on Investment Program Preparations for the 2023-2025 Period is published in the Official Gazette dated 14.09.2022 and numbered 31953 (bis)...
The Regulation (Amending Regulation) Amending the Regulation on Control of Medical Waste (Regulation) has entered into force through publication in the Official Gazette...
The Constitutional Court Decision dated 20.07.2022 and numbered 2022/22 E. 2022/92 K. has been published in the Official Gazette dated 02.08.2022 and numbered 31911...
The Regulation on Environmental Impact Assessment entered into force through publication in the Official Gazette dated 29.07.2022 and numbered 31907...
The Regulation Amending the Regulation on the Allocation of Public Immovables for Tourism Investments (the “Amendment”) has entered into force through publication in the Official Gazette dated 14 May 2022 and numbered 31835...
Following Russian Federation’s invasion of Ukraine, many countries, especially the European Union member states, the United States, United Kingdom, Japan and Canada, agreed on imposing heavy economic sanctions against Russia...
German Supply Chain Due Diligence Act (Lieferkettensorgfaltsgesetz) (“Act”) was approved on 11 June 2021 by the German Federal Parliament.
Advertisements on Twitter, Pinterest and Periscope/Scope has been banned in Turkey
Amendment to the Regulation on Measures Regarding Prevention of Laundering Proceeds of Crime and Financing of Terrorism
United States of America decided to impose sanctions against the Russian Federation