What is Direct procurement? Advantages?
Şubat 15, 2017Haydar ŞENÖZ
Attorney
Public Procurement and Tax Expert
What is Direct procurement?
Direct procurement method is a comman using procurement method by public administration in Turkey. Nearly % 6 of Turkish public procurement operation (2015-8,2 billion Turkish Liras ) realized by using this method.
Can this method use this method in every situation?
Of course not. This method can be used only the situation which written in article 22 of Law No: 4734. It’s written down:
“Article 22- The method of direct procurement may be applied in the following cases without advertising and without receiving any securities:
a) when it is established that the needs can be met from only one natural or legal person,
(There isn’t any money limit)
b) in case only one single natural or legal person has exclusive rights with regard to the need in question,
(There isn’t any money limit)
c) procurement of goods and services which are necessarily supplied from the real or legal person who is the initial supplier/ service provider, to ensure compatibility and standardization with existing goods, equipment, technology or services by means of contracts to be arranged based on the principal contract and not exceeding three-year period in total, (There isn’t any money limit)
d) procurements not exceeding 58.555,00 TL for needs of contracting authorities within the boundaries of metropolitan municipalities and procurements not exceeding 19.507,00 TL *
e) purchase or lease of immovable property according to need of the contracting authority, procurement of medicine, vaccination, serum, antiserum, blood and blood products which are not economically stored due to their nature and necessity to use in a definite time interval or used in urgent cases, and medical consuming materials whose appliance can be decided during practice and peculiar to patient such as orthesis, prothesis, and procurement of consuming materials for test and analysis,
g) procurements of services from advocates having Turkish or foreign nationality or from advocacy partnerships in order to represent and defend the contracting authorities covered in the Law, in lawsuits with regard to disputes which proposed to be settled by international arbitration,
h) services procurements from Turkish or foreign nationality advocates pursuant to Articles 22 and 36 of Law No: 4353, dated 08.01.1943, and services procurements in order to register the intellectual and industrial properties by national and international institutions,
ı) procurements of services by Turkish Labor Authority regarding its duties stated in the subparagraphs (b) and (c) of the third article of Law No: 4904, dated 25.06.2003; and also its duties stated in the seventh subparagraph of article 48 of the Unemployment Insurance Law, numbered 4904, and dated 25.08.1999,
i) in cases where it is determined to renew the elections before the end of regular term, or to go to off year elections, or to hold a referandum on constitutional changes; procurement of watermarked voting paper and watermarked voting envelope paper and procurement of printing services by Supreme Election Board, and in case of local elections procurement of printing services of voting paper by the chairmanships of Provincial Election Boards.”
What is the advantage of this method?
In procurements pursuant to this article, the needs shall be met upon a market price research by a person or persons to be assigned by contracting officer, without necessity of establishing a tender commission and of requiring the qualification provisions stated in article
Can Public Procurement Authority Research This Method?
No. This method isn’a a applicable procurement. So Can Public Procurement doesn’t research. Only courts can be.