Revised procedures and principles have been released in Turkey
for procurement of goods and services by the General Directorate of
the State Airports Authority ("Directorate"). Affected
procurements include those which are made within the framework of
commercial and industrial activities approved by the Public
Procurement Agency and which are directly related to the
Directorate's principal activities, subject to exclusions under
the Public Procurement Law Number 4734 ("Public Procurement
The Regulation on Monetary Powers of the General Directorate of
State Airports Authority and Procedures and Principles for
Procurement of Goods and Services by the Directorate Within the
Scope of Article 3(g) of Public Procurement Law Number 4734
("Regulation") was published in Official Gazette number
29623 on 13 February 2016, entering into effect on the same
The Regulation addresses:
Establishment and working principles
for procurement commissions.
Principles for calculation of
Procurement procedures and
preparation of procurement documents.
Principles for participation in
Process of receiving and evaluating
Rules for execution of contracts at
the end of the procurement process.
The Directorate must ensure transparency, competition, equal
treatment, reliability, confidentiality, public inspection, proper
and timely fulfilment of needs, as well as efficient use of
resources during public procurement performed in line with the
Significant provisions in the Regulation include:
Detailed conditions are outlined for
tendering officials, procurement commissions and calculating
Open procurement: The principal
method for the Directorate to procure goods and services under the
Negotiated procurement. Direct
procurement is possible in certain specified circumstances, subject
to the Public Procurement Law and its secondary legislation.
Rules for the content and preparation
of procurement documents, administrative and technical
specifications and contract drafts.
Rules for participating in public
procurement. The Directorate determines which documents are
required to demonstrate participants' economic, financial,
professional and technical capability.
Conditions for presenting and
evaluating bids, as well as their validity period. Determining the
economically most advantageous bid can be based on the price alone,
or also take other factors into account. Further principles are
outlined to determine the economically most advantageous bid where
there is a tie.
Procedures for rejecting all bids and
cancelling the procurement.
The Regulation abrogates the Procurement Regulation for General
Directorate of State Airports Authority that was published in
Official Gazette number 25323, dated 21 December 2013. Public
procurements which were announced and called for tender prior to 13
February 2016 will be concluded pursuant to the regulations which
were in effect on the date of the relevant announcement and call
Please see this link for the full text of the Regulation
(only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter
produced by Moroğlu Arseven.
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