The Ministry of Development ("Ministry") has issued Principles Regarding Procurements Made Within the Scope Of Article 3(f) of the Public Procurement Law ("Public Procurement Law"), published in Official Gazette number 29523 on 5 November 2015, entering into effect on the same date ("Principles"). The Principles outline processes for the Ministry to obtain research and development services from local or foreign real and legal entities, within the scope of the exclusion under Article 3(f) of the Public Procurement Law.
Article 3(f) of the Public Procurement Law outlines exclusions which are not subject to other provisions under this piece of legislation. Accordingly, the Public Procurement Law does not apply to procurement of goods and services for research and development projects executed and supported by national research and development institutions. However, the Public Procurement Law will apply to research and development services if the authorities involved fully finance the services or use the outputs exclusively for their own activities.
Significant provisions of the Principles with regard to procuring research and development services include:
- Procurement procedures can direct, restricted, or negotiated. Restricted and negotiated procedures are deemed to be tenders (Article 10 of the Principles).
- Goods and services can be directly procured in some circumstances without any announcements, through negotiating about technical terms and price (Article 11 of the Principles).
- Information and documents may be requested during the qualification evaluation, according to the circumstances (Article 40 of the Principles).
- The contracting authority is entitled to reject all tenders and cancel tender proceedings without liability (Article 48 of the Principles). The contracting authority must provide reasons for the cancellation if tenderers request.
- The tender guarantee amount is at the administrative authority's discretion for negotiated or restricted procedures. The guarantee must be indicated in the relevant document and be no less than 1% of the first tender price.
Previously issued Principles on this topic issued under Council of the Minister's Decision number 2010/850 on 18 August 2010 are no longer valid. Please see this link for the full text of the Council of Ministers' Decision, including the Principles (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven
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