Turkey has introduced clarifying provisions with regard to
auditing contractor performance for construction and renovation of
existing facilities in public-private partnerships. Legislation
previously empowered the Ministry of Health to establish an audit
system to assess contractor performance, but did not outline how to
set up such a system. Accordingly, a list of documents and
information has now been introduced for determining the eligibility
The Law on Supporting Investments on Project Basis and Amending
Certain Laws and Decrees numbered 6745 was published in Official
Gazette number 29824 on 7 September 2016 ("Amendment
Law"). The Amendment Law makes changes to Law No.
6428 Concerning the Construction of Facilities, Renovation of
Existing Facilities and Purchasing Service by the Ministry of
Health by Public Private Partnership Model.
Several sanctions will apply if an authorized auditor does not
meet its contractual obligations. These include a delay fine (as
specified in the tender documents), registration of performance
guarantees as revenue, as well as contract termination without
Authorized auditors will be liable to the administration and
third parties for any damages incurred as a result of false and
misleading information on the audit reports. Auditors are also
responsible for submitting their audit report (including
information, documents, reports and tables) in line with related
regulations and contracts. Auditor responsibility in this sense
extends for fifteen years.
Please see this link for the full text of the Amendment
Law (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal
update newsletter produced by Moroğlu Arseven.
The content of this article is intended to provide a general
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