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Legal Alerts

09/02/2021

Amendments Introduced to Public Tender Regulations

Legal Alerts
International Commercial and Trade
General

 

Recent Development

The Regulation Amending the Regulation on the Electronic Tender, the Regulation Amending the Regulation on the Service Procurement Tender, the Regulation Amending the Regulation on the Goods Procurement Tender, and the Regulation Amending the Regulation on Construction Works Tender (“Regulations”) entered into force after publication in the Official Gazette on January 26, 2021.

What’s New?

The primary amendments introduced in the Regulations include:

  • In tenders with extremely low bid inquiries, bidders whose bid prices are below the limit value must submit extremely low bid explanations together with supporting documents that cannot be queried on the Electronic Public Procurement Platform (tr. EKAP) or the web page of other public institutions and organizations regarding the information declared in the qualification information table.
  • In the tenders subject to the Regulation on Goods Tender Practices, bidders will also be required to submit samples or to install their product, if stipulated in the tender document.
  • If bidders do not submit an extremely low bid explanation or their explanations are insufficient, their bids will be rejected.
  • The performance bonds to be submitted by the winning bidder can be prepared in line with the provisions for the preparation of bid bonds.
  • The Public Tender Authority (“Authority“) will determine the procedures and principles for the electronic submission of the performance bonds. The Authority may require the electronic submission of the performance bonds.

Conclusion

Bidders whose bids are below the limit value must submit extremely low bid explanations together with the supporting documents that cannot be queried to the website of the relevant institutions. Performance bonds can be prepared in line with the provisions for the preparation of bid bonds. In electronic tenders, which are increasingly used during the COVID-19 pandemic, performance bonds may be required to be submitted electronically.