Türkiye Şeker Fabrikaları Anonim Şirketi Procurement of Goods and Services Regulation
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This regulation establishes the procedures for Türkiye Şeker Fabrikaları A.Ş. (Turkish Sugar Factories Inc.) to procure goods and services for its headquarters and provincial units. It applies to all purchases covered by Public Procurement Law No. 4734 Articles 3 and provisional Article 4, while emphasizing free competition, transparency, equal treatment, and efficient use of resources. Open tender is the default method; other methods are allowed only in specified exceptional cases. The regulation details the formation and operation of tender commissions (minimum 5 members), preparation of approximate costs, tender documents, administrative and technical specifications, and contract templates. It largely references and applies the rules of Public Procurement Law 4734 and Contract Law 4735 for exclusions, prohibited acts, financial guarantees, and sanctions.
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Key Changes
- Establishes open tender as the default procurement method for all goods and services purchases by Turkish Sugar Factories Inc.
- Requires minimum 5-member tender commissions including at least two technical staff and one finance/accounting officer
- Prohibits splitting integrated purchases to stay under monetary thresholds
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Obligations
What this law requires
Establish tender commissions with minimum 5 members (odd number) including: one chair, at least two personnel related to the procurement subject matter, one accounting or financial affairs personnel, and alternate members as designated
Conduct comprehensive price research and determine approximate costs (excluding VAT) prior to conducting procurement, document calculations with supporting evidence in a calculation sheet
Do not disclose approximate costs in tender announcements and do not reveal approximate costs to bidders or other persons without official relationship to the procurement process
Use open tender as the default procurement method; other procurement methods are only permitted in specifically designated exceptional cases outlined in the regulation
Ensure tender commissions meet completely (all members present) and make decisions by majority vote; abstention from voting is prohibited; dissenting members must document and sign their reasoning