Specific principles and procedures have recently been published
and entered into effect for procurements made within the scope of
Article 3(b) of Public Procurement Law number 4734 ("Public
Procurement Law"). These include (collectively described here
as "the Principles and Procedures"):
Principles and procedures prepared by the Court of Accounts and
published in Official Gazette number 29437 on 6 August 2015
("Court of Accounts' Principles and
Principles prepared by the Revenue Administration published in
Official Gazette number 29424 on 24 July 2015 ("Revenue
Article 3(b) of the Public Procurement Law states that
(except for provisions related to prohibition and criminal matters)
the Public Procurement Law will not apply to procurement of goods,
services and works which the relevant ministry decides:
Relate to defense, security or intelligence.
Must be treated confidentially.
Require special security measures during performance of the
contract, pursuant to legislation.
Involve cases in which the basic interests of the state's
security must be protected.
The Public Procurement Law contains fundamental general
principles which must be applied in all cases. However, for
procurements which fall within the categories noted above, the
relevant parts of the Principles and Procedures must also apply in
addition to general principles.
The Court of Accounts and Revenue Administration respectively
prepared the Principles and Procedures based on Article 4 of the
Public Procurement Law, which requires relevant institutions to
prepare principles and procedures relating to Article 3(b). The
Principles and Procedures also outline implementation and
The main differences between the Principles and Procedures,
compared to general procurement procedures under the Public
Procurement Law are:
The Court of Accounts must select either a negotiated or
restricted procedure for public procurement of goods, services and
constructions within the scope of the Court of Accounts'
Principles and Procedures (Article 6 of the Court of Accounts'
Principles and Procedures). However, the Revenue Administration
must use a negotiated procedure for public procurement within the
scope of the Revenue Administration's Principles (Article 6 of
the Revenue Administration's Principles).
Direct procurement can be made in certain circumstances. Direct
procurement means there is no public announcement and the
administrative and technical requirements and prices are negotiated
(Article 9 of the Court of Accounts' Principles and Procedures;
Article 8 of the Revenue Administration's Principles).
Complaints can be made to the Court of Accounts about unlawful
procedures or actions within the procurement process (Article 33 of
the Court of Accounts Principles and Procedures). However, no
appeals can be filed to the Public Procurement Authority regarding
procurements made within the Court of Accounts' Principles and
The Court of Accounts and the Revenue Administration will draft
additional documents relating to supervision, inspection and
acceptance. For matters which the Principles and Procedures do not
specifically address, the Court of Accounts and the Revenue
Administration must apply general provisions from the Public
Procurement Law and the Public Procurement Contracts Law numbered
Please see this link for the full text of the Court of
Accounts' Decision accepted by General Assembly Resolution
numbered 5391/1, including Principles and Procedures, and this link for full text of the Council of
Ministers' Decision accepted by Cabinet Decree 2015/7755,
including the Principles (only available in Turkish).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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