The Public Procurement Authority has issued a communiqué
and regulation outlining principles for determining the most
economically advantageous tender where the lowest price is offered
by more than one bidder. The communiqué amends Article 70 of
the General Communiqué on Public Procurement
("Communiqué"), while the regulation amends
Article 63 of the Regulation for Implementation of Service
Procurement Tenders ("Regulation"). The communique and
regulation were both published Official Gazette number 29428 on 28
Prior to the amendments, Article 63 of the Regulation outlined
elimination criteria for public tenders. The amendments introduce a
mechanism whereby bidders are rated against three criteria to
determine the top two most economically advantageous tenders. If
there are two or more bidders with the same rating, the first and
second bidder will be decided by drawing lots.
If the bidder is a joint venture, all partners must meet the
criteria. If the bidder submits a certificate of experience for a
partner which holds more than 50% of shares, such partner will also
be included in the evaluation.
The new rating mechanism considers:
Contracts executed in the last two years
The price of the contracts executed
under the Public Procurement Contracts Code numbered 4735 within
two years of the tender's announcement or invitation date will
be taken into consideration. The bidder will be rated by comparing
the total price of the contracts to the approximate cost of the
current project (subject to tender). If the bidder is a joint
venture, contracts executed by each partner will be taken into
consideration, as well as contracts executed by their respective
partners for whom certificates of experience have been
Registration with Chamber of Commerce and/or Industry or
Relevant Trade Association
The bidder will be granted one point
if it has been registered for at least one year with a chamber of
commerce, industry, or relevant trade association within the
tendering authority's administrative borders.
Due and prompt payment to employees
The bidder will be granted one point
if the tendering authority has not detected any failure to duly and
promptly pay employees during service procurement work undertaken
for such authority within two years of the tender's
announcement or invitation date. A bidder will also be granted one
point if it has not undertaken any service procurement work for the
tendering authority during those two years.
Please refer to the links for the full text of the amendments
made to the Communiqué and the Regulation (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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