Public Procurement Regime in Turkey

The public procurement regime is subject to the Public Procurement Law that governs the pre-tender and tender phases, and the Public Procurement Contracts Law that governs the contract and post-contract phases. The Public Procurement Authority, an administratively and inancially autonomous public legal authority, has been established in order to supervise and administer the tender process and to secure the application of procedures and principles speciied under the Public Procurement Law. The Public Procurement Authority is mainly responsible for the (i) evaluation of complaints regarding the tender process, (ii) preparation and development of all the legislation concerning the Public Procurement Law and the Public Procurement Contracts Law, and (iii) issuance of all standard tender documents and contracts.

The Public Procurement Law, the Public Procurement Contracts Law and their secondary legislation apply to all tenders concerning the procurement of goods, services and construction works by the following public administrations:

(i) public departments/institutions (subject to general budget or private budget), governorships, municipalities as well as certain entities incorporated by them;
(ii) public commercial enterprises,
(iii) Social Security Institution, funds and certain legal entities granted the status of “public authority” by law,
(iv) any legal entity (including companies), where more than 50% of their shares are controlled by any of the foregoing entities, and
(v) certain government-owned banks.

Procurement of certain goods, services and construction works by certain public authorities are explicitly exempted from the Public Procurement Law, without prejudice to the provisions of the Public Procurement Law concerning administrative ines and the rules on prohibition to participate in public tenders.