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 The Resolution repealed the Principles put into force by the Resolution of the Council of Ministers (Repealed Resolution) dated 14.05.2012 and numbered 2012/3194 regarding the tenders to be made by the Financial Crimes Investigation Board Presidency within the scope of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 The tender procedure between certain tenderers, which was included in the Repealed Resolution, was abolished.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- The Resolution reiterates the provision of Repealed Resolution stating the possibility of price difference payments for tenders conducted in Turkish Lira, and stipulates that the principles and procedures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- The Repealed Resolution stipulated that the tenderer who was awarded the tender would be required to provide a performance bond equal to 6% of the tender price.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.
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