Published in the Official Gazette: Regulation on public tenders

The Public Procurement Authority (KİK) has introduced regulations regarding tenders for the procurement of goods, construction works, services, and consulting services.

The regulations, which introduce changes to the implementation communiqués and bylaws of the KİK regarding the procurement of goods, construction works, services, and consulting services, have been published in the Official Gazette.

Accordingly, for tenders whose announcements or notices are made on or after June 15, a regulation has been introduced regarding the circumstances under which partnership ratios can be changed during the execution of the contract in cases where the contractor is a business partnership.

It has been determined how the work experience certificate will be issued in cases where the contractor changes their title and type, or merges through acquisition or the establishment of a new company.

Within the scope of the regulations, the use of non-price factors will be made functional and their effectiveness will be increased.

The monetary amount currently applied to the improvement of the explanation process for excessively low bids and the rejection of bids from tenderers who submit bids below the limit value without requesting an explanation in construction tenders (tenders where the estimated cost is below one-third of the threshold value) will be increased to half of the threshold value.

Regulations have been introduced regarding demonstration and sample evaluation procedures in goods procurement tenders, cases of non-compliance and penalties in service procurement contracts, and the signing of separate contracts for each part in service procurement tenders that are open to partial bids.

SERVICE PROCUREMENTS NOT BASED ON PERSONNEL EMPLOYMENT

In service procurements not based on personnel employment, a separate line will be opened for personnel in the unit price bid schedule, and labor costs will be included. The cost foreseen for personnel cannot be lower than the minimum labor cost, including contract expenses and general expenses. On the other hand, a regulation has been introduced regarding the points to be considered in the calculation of contract expenses and general expenses (stamp duty, etc.) in such service procurements, and in the determination of fixed coefficients showing weight ratios to be used in the calculation of price differences in service procurement tenders.

In tenders conducted via the bargaining procedure where an announcement is not mandatory, tenderers invited to submit bids may form a business partnership/consortium with natural/legal persons who were not invited.

In joint-stock companies, provided that the partners and partnership ratios do not change as a result of transactions made according to the relevant legislation, bids will not be excluded from evaluation if the documents regarding these changes are not uploaded to the Electronic Public Procurement Platform (EKAP).

Furthermore, for tenders whose announcements or notices are made on or after October 1, the upper limit for finalized social security premium debts that constitute a barrier to participation in the tender has been set at 5 thousand liras.

The "Regulation on Conducting Public Procurements in the Electronic Environment," which regulates the work and transactions to be carried out via EKAP in tender, procurement, and contract processes, along with its annex, the "Model Administrative Specification to be Applied in Tenders Conducted in the Electronic Environment," and other related regulations will enter into force on January 15, 2025.

News Source: AA