Turkiye: New regulation on customs tenders

In accordance with the exception provisions of the Public Procurement Law, the General Directorate of Customs Enforcement has made a regulation regarding the principles to be applied in the purchase of goods and services to be made from within the country and abroad.

The Presidential Decision on the “Procedures and Principles Regarding the Tenders to be Made within the Scope of Subparagraph (b) of Article 3 of the Public Procurement Law No. 4734 by the General Directorate of Customs Enforcement of the Ministry of Commerce” was published in the Official Gazette.

Accordingly, “tender procedure between certain bidders” or “negotiation procedure” will be used in the tenders to be held within the scope of the said scope.

The tender procedure among certain bidders will be applied in cases where the goods or services to be purchased require expertise and advanced technology, the work to be done or the goods, services or systems to be purchased, and the national interest and security, and/or in the realization of research and development projects and in ensuring standardization.

The bargaining method can be used in cases where sudden and unexpected events, security and intelligence-related special situations arise, the tender must be made urgently, the goods or services are unique or complex.


In some cases, the administration will be able to purchase by “direct supply” method.

All kinds of goods and services can be purchased from abroad by opening a letter of credit, payment against goods and cash payment.

With the entry into force of these procedures and principles, the previously published Council of Ministers decision on the subject was also repealed. Accordingly, tenders and/or procurement transactions announced, announced or contracted within the scope of the principles put into effect with the said Council of Ministers decision, will be concluded in accordance with the provisions specified in the said principles.

Contracts made in Turkish lira for the procurement of goods and services for which tenders are made within the scope of the aforementioned principles can be terminated in accordance with the “Principles on the Implementation of the Provisional Article 6 of the Law No. 4735 on Public Procurement Contracts” entered into force with President Karan No. 5546.

Source: Sabah / Translated by Irem Yildiz

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