The Republic of Turkey State Railways Administration (TCDD) General Directorate was given the opportunity to give additional price difference in the procurement of goods and services.
The following provisional article has been added to the Regulation on the Principles and Procedures to be Applied in the Procurement of Goods and Services to be made in accordance with Article 15/g of the Public Procurement Law No. 11, published in the Official Gazette dated 2003/25290/4734 and numbered 3.
“Additional price difference and/or transfer of contracts
Purchases of goods and services for which tenders were made in accordance with this Regulation (excluding purchases made within the scope of direct procurement) before 1/12/2021 and which continued as of the effective date of the provisional article 4735 of the Law No. 5 or which were accepted without termination or liquidation before the effective date. Regardless of whether there is a provision regarding price difference in the tender document for the parts executed between 1/7/2021 and 31/12/2021 (including these dates), in the contracts made in Turkish Lira regarding For works that were tendered between 1 (including these dates), the index of the month in which the tender date (deadline submission date) is included, and for the works tendered before 7/2021/30, the index of June is accepted as the basic index and the contract prices are calculated by using the contract prices. Upon written application, additional price difference may be given in addition to the price difference calculated according to the contract. In addition, contracts within this scope can be transferred with the application of the contractor and the approval of the administration.
In order to calculate the additional price difference, the contractor must apply in writing to the Administration within 30 days from the effective date of this article.
Contracts made in Turkish Lira regarding the procurement of goods and services, the tender of which was made before 1/12/2021 and continued as of 22/1/2022, can be transferred by the Contractor's written application to the Administration within 120 days from the effective date of this article and with the approval of the Administration.
Regarding the granting of additional price difference and/or the transfer of the contract within the scope of this article; The relevant articles of the Principles Regarding the Implementation of the Provisional Article 23 of the Law on Public Procurement Contracts No. 2, which was put into effect with the President's Decision dated 2022/5203/4735 and numbered 5, shall apply.”
This Regulation shall enter into force on the date of its publication.
The provisions of this Regulation are executed by the General Manager of the State Railways of the Republic of Turkey.