Decision No. 2024/DK.D-27 dated 07.02.2024 on the Implementation of Provisional Article 7 of Law No. 4735
Implementation of Provisional Article 7 of Law No. 4735
Provisional Article 7 regarding granting additional price difference and time extension for construction works was added to the Public Procurement Contracts Law No. 4735 with Law No. 7491 published in the Official Gazette No. 32413 dated December 28, 2023. Following the newly added provision, the Principles Concerning the Implementation of Provisional Article 7 of the Public Procurement Contracts Law No. 4735 ("Principles") were published in the Official Gazette No. 32431 dated January 16, 2024 and entered into force.1
In order to eliminate the hesitations regarding the implementation of the Principles, the regulatory board decision ("Decision") dated 07.02.2024 and numbered 2024/DK.D-27 was taken by the Public Procurement Board.2
According to the decision:
- The board's decisions regarding the issues on which opinions were requested regarding the implementation of the Principles Concerning the Implementation of the Provisional Article 5 of the Public Procurement Contracts Law No. 4735 and the Principles Concerning the Implementation of the Provisional Article 6 of the Public Procurement Contracts Law No. 4735 shall be used in the implementation of the provisional Article 7, to the extent appropriate. will also be valid.
- It has been accepted that the works whose tender date specified in the tender announcement and document (Administrative Specification) is before 01.03.2023 and which were postponed to 01.03.2023 or after the said date due to technical problems experienced in EKAP are within the scope of the Principles.
In calculating the incremental price difference to be made in accordance with the Principles for these works, the index of the month in which the tender date is determined in the tender announcement and document (Administrative Specifications) will be taken as the basis.
Footnotes
1. You can access the full text of the principles here and our blog post on the subject here .
2. You can find the announcement regarding the regulatory board's decision here .
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.