Legislation

4/2/2018

A Notification on Amending the General Communiqué on Public Procurement Practices Has Been Published

The administration will have to take necessary measures in case an application is made to the administration on the implementation of the provisions of an agreement by candidates or applicants from contracting party countries in international agreements

The Notification on Amending the General Communiqué on Public Procurement Practices is published by the Public Procurement Authority (PPA) in the Official Gazette dated March 31, 2018.

The administration shall take necessary measures for the participation of applicants from contracting party countries in international agreements in tenders

The following Article #97.1.9 has been supplemented to Article 97 of the Public Procurement General Communiqué by means of the new notification:

“97.1.9. The administration will have to take necessary measures upon scrutiny of the application in within the framework of provisions of international agreements, in case an application is made to the administration on the implementation of the provisions of an agreement by candidates or applicants from contracting party countries in international agreements which are put into effect in accordance with Article 90 of the Constitution.”

Also, the phrase “partners of which the total shares constitute more than half of the capital assets of the company” has been supplemented to paragraph II of article 30.5.2. of the same notification to be placed after “owning partners”.

The heading of article 69 of the same notification has been amended as “the job description in the tenders for the procurement of services and the recording of tender data to the Electronic Public Procurement Platform (EKAP).

“69.2. The form to be prepared by the institution including information such as the weight of labor costs in total costs and if the job has the nature of a continuity or not shall be recorded to EKAP in tenders for the procurement of services and a copy of the form will be kept in the file of tendering procedures. The fact if the procurement of services will encompass the employment of personnel within the framework of paragraph (e) of Article 62 of Law #4734 or if it will result as such will be determined upon taking the declarations in the form as basis. The weight of labor costs in the estimated cost shall be determined by calculating the labor input required for the execution of the job notwithstanding the full-time or part-time labor of workers and not taking into account the number of workers as declared in tender documents and any arrangements on labor costs, and related information and documents shall be entered in the estimated cost calculation tables.”