ELECTRONIC BIDDING IN TURKISH TENDERS: EKAP SYSTEM
Contracts made with real or legal persons by the administration by applying the public procurement procedure in order to meet the needs for goods, services or other kinds of actions are called “public procurement contracts”. As per Turkish Law, as a general principle, the administrative authorities are not free to conclude public procurement contracts with the parties they wish, instead they are obliged to hold a “public tender” that meets the standards set out by Law Nr. 4734, Law Nr. 4735 and the relevant regulations.
Along with other procedural and substantive issues, methods of public procurement are also set out under said regulations. This article aims to provide practical information for the parties who wish to attend these tenders, focusing mainly on the electronic tender system of Turkey
– Definition and capabilities
After the amendments made in the Regulation on Procurement of Goods[1] and the Regulation on Procurement of Services[2] on 16/03/2011, the procedures to be followed for the public procurement transactions in Turkey have started to be carried out through an electronic system named EKAP.[3] EKAP system enables the parties to carry out all necessary transactions online. More specifically, it is possible for the companies/real persons via EKAP system to
– search tenders and tender documents such as specifications and the draft contract,
– search the information announced by the Public Procurement Authority, such as the results of the tenders, decisions of the Public Procurement Authority and the list of prohibition, etc.,
– submit the documents, such as work completion certificates, balance sheets, electronic guarantee letters, accreditation documents, etc.
– submit offers for the public tenders,
– participate in tenders via live-streaming
– receive the official notifications of the Public Procurement Authority,
– follow up the procedures regarding the contract period, such as progress payments, transfer/assignment of the contract, termination of the contract.
-Registration and bidding
In order to participate in tenders held via EKAP, the companies/real persons must register in the system. The registration is to be made via the website of EKAP (https://ekap.kik.gov.tr/EKAP/Yetki/IstekliKaydi.aspx) by filling in the credentials of the company/real person, registration of the authorized signatory officers of the company, and signing the protocol generated in accordance with the submitted information. Following this electronic procedure, the signed protocol and the accompanying documents showing the credentials of the company must be physically posted to the Public Procurement Authority.
After completing the registration procedure outlined above, the user must sign in the EKAP system with the generated user code and password to submit an offer for the tenders. Afterwards, the “bidding” module of the system should be accessed and the “tender registration number” should be submitted.
Once the tab regarding the specific tender is accessed, the offered price and the relevant compliance documents must be submitted. Compliance documents (such as work completion certificates, balance sheets) can be accessed automatically from the information duly submitted by the Company during the registration to EKAP. After the completion of the forms, the offer must be submitted with the e-signature obtained in accordance with the Law Nr. 5070 on Electronic Signature.
[1] In Turkish: “04.03.2009 tarihli Mal Alımı İhaleleri Uygulama Yönetmeliği”, see: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=12917&MevzuatTur=7&MevzuatTertip=5
[2] In Turkish: “04.03.2009 tarihli Hizmet Alımı İhaleleri Uygulama Yönetmeliği”, see: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=12918&MevzuatTur=7&MevzuatTertip=5
[3] EKAP stands for “Elektronik Kamua Alımları Platformu” (Electronic Public Procurement )