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
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
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
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
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are no longer valid.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
Information first published in the
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