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THE EFFECT OF COVID-19 PANDEMIC ON PUBLIC PROCUREMENT CONTRACTS

The Presidential Circular dated 01.04.2020 numbered 2020/5 on the Effect of the COVID-19 Epidemic on Public Procurement Contracts has been published in the Official Gazette dated 02.04.2020 numbered 31087. The contractors who are parties to the contracts which are signed as a result of auctions held within the scope of the Public Procurement Law (including exceptions) numbered 4734 dated 04.01.2002 and the regulations exempted from this Law have been specified for the administrative route that can be applied in terms of the problems experienced due to the COVID-19 epidemic and the actions that can be taken by the relevant administrations as a result of the applications. The regulations in the mentioned Circular are as follows:

In order to prevent the COVID-19 epidemic and reduce its effects, several measures are taken regarding social and economic life in our country and worldwide.

In this context, for the contracts which are signed as a result of auctions held within the scope of the Public Procurement Law (including exceptions) numbered 4734 dated 04.01.2002 and the regulations exempted from this Law, applications regarding the fulfillment of the contractual work due to the COVID-19 epidemic has become temporary or permanent, partially or completely impossible, will be made by the contractors by documenting this situation to the administration which is the party to the relevant contract.

These applications will be examined within the framework of the 10th article of the Public Procurement Contracts Law numbered 4735 dated 05.01.2002 and other legislative provisions, and the evaluation of the Ministry of Treasury and Finance will also be received before the decision is made by the administrations.

As a result of the evaluation made by the administrations; It can be decided to give time extension or terminate the contract upon determining that all the following conditions are met together: the current situation is not caused by a defect of the contractor, it is an obstacle for the contractor to fulfill its contractual obligations and the contractor is unable to eliminate this obstacle.


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