Non-Price Element Application in Negotiated Electronic Tendering Procedure

Turkish Public Procurement Authority (“Procurement Authority”) has been adding certain specifications on electronic tender (“e-tender”) systems in order to extend the use of e- tendering, especially in order to facilitate tenders with the spread of Covid-19. In this respect, many specifications have been added in terms of open tender procedure. On the other hand, no specifications have been for the e-tender use of negotiated tendering to be held within the scope of article 21 of Public Procurement Law (“Law No. 4734”) for the reasons of:

• Sudden and unexpected events such as natural disasters, epidemics, loss of life or property; or those that have specific features in terms of construction practice, or that the necessity to be done urgently in order to ensure the safety of life and property; or events that could not be predicted by the contracting authority,
• Emergence of special cases related to defense and security,
• Purchases of manufactured goods, materials or services up to an estimated cost up to fifty billion Turkish Liras by the administrations.

With the latest development, it has been made possible to determine the most economically advantageous proposals as per article 40 of the Law No.4734 by using non-price elements such as operation and maintenance cost, cost effectiveness, productivity, quality and technical merit.

Deniz Çelikkaya