Several crucial and recent arrangements have been announced concerning the public tenders through regulations and communiques published in the Official Gazette no. 29959 dated 25 January 2017. A) Regulations 1. Regulation Regarding Amendments on the Implementation Regulation for Tenders of Framework Agreement 2. Regulation Regarding Amendments on Implementation Regulation for Tenders of Advisory Service Procurement, 3. Regulation Regarding Amendments on Implementation Regulation for Electronic Tenders 4. Regulation Regarding Amendments on Implementation Regulation for Tenders of Service Procurement, 5. Regulation Regarding Amendments on the Regulation for Tender Applications 6. Regulation Regarding Amendments on the Implementation Regulation for Tenders of Goods Purchase 7. Regulation Regarding Amendments on the Implementation Regulation for Tenders of Construction Works B) Communiques 1. Communique Regarding Amendments on the Communique for Tender Applications 2. Communique Regarding Amendments on the General Communique for Public Auctions A) Arrangements announced on the regulations As far as examined overall, the most remarkable amendments within the regulation are as below respectively; 1. For the tenders of businesses that economical and financial sufficiency documents are sought, any bank letter of guarantee would not be demanded from the determined bidders. (Attached as a new sub-clause into the first clause of Article 29 within the Regulation Regarding Amendments on the Implementation Regulation for Service Procurement Tenders; attached to the sub-clause b of Article 30 within Implementation Regulation for Tenders of Construction Works). "Any bank letter of guarantee may not be demanded in all types of goods purchase tenders with approximate cost equal to the threshold value or over. (Attached to the sub-clause c of the first clause in Article 27 within Implementation Regulation for Tenders of Goods Purchase). 2. An arrangement is made that requires the demanding of chamber registration documents before contract signed only from the determined bidder left on the tender. (The Regulation Regarding Amendments on the Implementation Regulation for Tenders of Framework Agreement 2nd article of Letter of Offer for Tenders of Framework Agreements on Construction Works standard forms no. KİK013.Y/, Lump sum Price Letter of Offer no. KİK015.2/H existing in the Att-1 of Implementation Regulation for Service Procurement Tenders and standard forms of Unit Price Letter of Offer no. KİK015.3/H to the end of Article 2; Lump sum Price Letter of Offer no. KİK0015.2/M existing in Att-1 of Implementation Regulation for Tenders of Goods Purchase and standard forms of Unit Price Letter ofOffer no. KİK015.3/M to the end of Article 2, the sentence below is added, footnote no.3 of the Unit Price Offer Scheme within the second page of standard form no. KİK015.3/M has been changed; Turnkey Basis Lump sum Price Letter of Offer no. KİK015.2/Y existing in Att-1 of Implementation Regulation for Tenders of Construction Works; and to the end of second articles of standard forms of Unit Price Letter of Offer no. KİK015.3/Y and Combined Letter of Offer no. KİK015.4/Y. 3. According to another arrangement, other procedural provisions within the legislation won't be sought during the submission of documents drafted through Electronical Public Purchases Platform or web sites of other public institutions and confirmed, income acquired by the determined bidders through joint ventures that they are a partner of would be taken into account during the evaluation of total business volume. (Added to Article 35 of the Regulation Regarding Amendments on the Implementation Regulation for Tenders of Service Procurement, Article 36 of Implementation Regulation for Tenders of Service Procurement, to Article 3 of Implementation Regulation for Tenders of Goods Purchase, Article 3 of Implementation Regulation for Tenders of Construction Works). Beside these, when the entire regulations are carefully reviewed; As per the Regulation Regarding Amendments on the Implementation Regulation for Electronic Tenders, the second clause of Article 21 within the Implementation Regulation for Electronic Tenders has been amended as follows: Temporary letters of guarantee could be obtained from banks which signed the Protocol for Cooperation on Online Information Sharing through the Public Procurement Authority and Electronic Public Purchases Platform (EKAP) and the bank would draft and present a "temporary letter of guarantee information form". Temporary letters of guarantee could be drafted via electronical or physical environment by using electronical signature. However a distinctive number would be assigned by the bank and information concerning the letter is required to be transferred to EKAP, the distinctive number should be delivered through EKAP within the scope of e-offer by the bidder. Pertaining to the Regulation Regarding Amendments on the Implementation Regulation on Tenders for Construction Works, any bank letter of guarantee would not be sought from the determined bidders. (On tenders where documents concerning economical and financial sufficiency). Pursuant to the Regulation Regarding Amendments on the Implementation Regulation for Tenders of Service Procurement, - The 3rd clause of the Article 9 within the Implementation Regulation for Tenders of Service Procurement has been amended as: It's been decreased from 20 % to 7 % on contractor profit. The overall amount reached through adding the totals obtained by multiplying the amounts concerning business items and groups required for providing that service and the prices detected would be identified as excluding VAT with contract and general expenses. Contractor profit provided that it should not exceed 7 % would be added to this amount reached by taking the qualifications of the business into account.
- Bank letter of guarantee is not sought. (It's not sought on tenders where documents concerning economical and financial sufficiency are demanded).
- According to the communique containing the fundamentals on limit value detection, for the multi-year businesses concerning the mentioned tenders, insurance offer obtained for the first year would be used for the other years by being updated based on the annual change rate over the domestic PPI for the December of the year before the year comprising the tender date.
Pursuant to the Regulation Regarding Amendments on the Implementation Regulation for Tenders of Goods Purchase,. As per the amendment made on Article 27 of the Regulation, any bank letter of guarantee may not be demanded in all types of goods purchase tenders with approximate cost equal to the threshold value or over). - In the circumstance that the auction commission detects the offers with extremely lower price compared to the other offers or approximate cost, the details concerning components considered as essential according to the criteria set by the Public Procurement Authority will be demanded from the owners of those offers in written form. (The amendment made on the Article 58 of the Regulation)
Pursuant to the Regulation Regarding Amendments on the Implementation Regulation for Tenders of Construction Works, - The provision indicating that "bank reference letter will not be sought in the tenders where documents concerning economical and financial sufficiency are demanded" has been added to the first clause of the Article 30 within the Regulation.
- The standing offers to be used in limit value formula essential for the detection of the extremely low would be evaluated according to the auction's first session.
- Completion certificate could be drafted by commercial counselors of Turkish Republic located in foreign countries on behalf of the Turkish national real person and legal entities established that are dealing with construction business abroad.
- Completion certificates of Turkish or foreign, real or legal persons disclosing their professional experiences on their commitments within the scope of a contract containing a price for the state or private sector would be registered to the EKAP by the Authority for informative purposes on the document possessor's application. The registration would be performed within 60 days following the application made in due form and even recorded previously, they would be used to authenticate their professional experiences following the term expiration. It would not be possible to use the completion certificates of Turkish or foreign, real or legal person concerning the tasks handled abroad unless they hadn't been registered to EKAP.
B) Arrangements announced on the regulations As per the Communique Regarding Amendments on the Communique Concerning the Applications for Tenders, Attachment of a document disclosing that the company deals with activities that are also subject of the tender to the petition's App. has become mandatory (In applications concerning the notice and pre-qualification or tender document). As per the Communique Regarding Amendments on the General Communique for Public Auctions - In the circumstance that administrations draft certificates of sufficiency within the technical specification, while making amendments concerning the consideration of those documents in the phase of evaluating the offers, it has become mandatory to authenticate the applicant's dealing with activities on the field of the tender during the tender applications.
- As another arrangement, calculation diversities originating from computer programmes would not be deemed to be arithmetical error in certain conditions.
- Certification transactions subject to apostille for the documents drafted abroad have been clarified.
- To provide assessment on the people with a public case carried on them, the court verdict's original or certified copy or the certified copy of the trial report should be submitted to the Authority.. Concerning the fuel input, explanation indicated under fuel prices published based on each province daily by the Energy Market Supervisory Board (EPDK) would not be valid.
Finally, we would especially like to point out that, Pertaining to the Regulation Regarding Amendments on Implementation Regulation for Tenders of Service Procurement, Regulation Regarding Amendments on Implementation Regulation for Electronic Tenders, Regulation Regarding Amendments on Implementation Regulation for Tenders of Advisory Service Procurement, in terms of the initialized tenders, the tenders with its notice or written announcement made before enacted would be finalized according to the Regulation provisions effective at the date of announcement. The regulations herein has been enacted as of 25 January 2017. Applications made to the administration or Authority before the Regulation Regarding Amendments on the Regulation for Tender Applications took effect would be finalized as per the regulatory provisions applicable at the date of application. It would be taking effect as of 05.02.2017, after 10 days following the date of promulgation. As per the Implementation Regulation for Goods Purchase, in terms of the initialized tenders, the tenders with its notice or written announcement made before enacted, would be finalized as per the regulatory provisions applicable at the date of the announcement. This regulation has been enacted as of 25 January 2017. Pursuant to the Regulation Regarding Amendments on the Implementation Regulation for Tenders of Construction Works, in terms of the initialized tenders, the tenders with its notice or written announcement made before enacted, would be finalized as per the regulatory provisions applicable at the date of the announcement. Article 9 of the Regulation would be enacted as of 1.1.2018 while the remaining articles have been enacted as of 25 January 2017. Pertaining to the Communique Regarding Amendments on the General Communique for Public Auctions, in terms of the initialized tenders, the tenders with its notice or written announcement made before enacted, would be finalized as per the Communique provisions applicable at the date of the announcement. Article 10 of the Communique took effect as of 1.2.2017 while the other articles had been enacted as of 25 January 2017. The applications made to the administration or the Authority before the Communique Regarding Amendments on the Communique for Tender Applications would be finalized as per the Communique provisions applicable at the date of the application. This communique has been enacted as of 05.02.2017, 10 days following the date of its promulgation. Our explanations provided above include general information on the issue. No responsibility can be claimed against EY and/or Kuzey YMM ve Bağımsız Denetim A.Ş. due to the implications arising from the context of this document or emerging with respect to its context.Best Regards,Kuzey YMM ve Bağımsız Denetim A.Ş. | 
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