Corona Outbreak: Additional Measures in Procurement Procedures

Public Procurement Authority of Turkey recently announced that due to the effects of Covid-19 pandemic in Turkey, some additional measures are taken for mitigating the potential effects of Covid-19 virus in procurement processes and for the purpose of clarifying some frequently asked questions arising due to the pandemic. Accordingly;

– Primarily, procurement processes will be carried out by using the e-tender method,

– In order to maintain social distancing in line with the recommendations of the Turkey’s Coronavirus Science Board (“the Science Board”), tender committee’s operations can be carried out either electronically or live in a way that the tenderers will follow from a separate room in the building, or in a large hall provided that they take the necessary measures recommended by the Science Board;

– As for the tenders that are not carried out electronically; those who have difficulty in reaching the address where the tender offers will be given due to travel restrictions or curfew declarations, will be able to submit these offers to the tendering authority by mail or can appoint a representative to follow the tender procedures on their behalf;

– Contract signing can also be done by mail, provided that the responsibility for ensuring legal security belongs to the parties and the periods stipulated in articles 42 and 44 of the Public Procurement Law No. 4734 (“Law No. 4734”);

– In the event that it is foreseen by the administration that, except for non-urgent works, sufficient bids cannot be delivered and / or a competitive environment cannot be provided until the tender date and time announced before due to the measures taken; in accordance with Article 29 Law No. 4734, an addendum may be issued to ensure that the tenderers are informed that the last bidding period can be extended at least ten days before the deadline for bidding;

– Apart from non-urgent works, the duration of the invitation to the contract may be extended provided that the economically most advantageous bidder requests the extension of the invitation and makes documentations in this regard.