Turkey: Public procurement legislation
Description
Turkey's public procurement legislation allows for a 15% price preference in favor of domestic suppliers when participating in tenders as well as for set asides for Turkish goods and suppliers. A Prime Minister circular of December 2008 encouraged Turkish contracting authorities to apply more rigorously those provisions.
The procedure was used in a total of 1285 tenders in 2008, a volume which constitutes about 10% of all tenders and 14,8% of tenders open to foreign bid (12.6% and 20.17% respectively in 2007). In 2008, about 68.2% of all tenders were open to foreign bid. Following the above Decree, a big increase is observed in the first quarter of 2009 for using the 15% price advantage. The procedure is used in 336 tenders with a volume €1 billion whereas the numbers were €47 million and €188 million respectively in the same quarter in 2008.
Any Evidence-Based Deliberation:
| Question | Result |
|---|---|
| Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations? | |
| Is there any evidence that alternatives to the proposed measure were considered? | |
| Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government? | |
| Was such evidence identified? | |
| Is such evidence publicly available? | |
| Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives? | |
| Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken? | |
| Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory? | |
| Did the government state its intention to review the measure within one year of implementation? |
Date Discovered:
Implemented: Yes
Date of inception: 1 Dec 2008
GTA Evaluation: Red
Source:
Fifth report on potentially trade restrictive measures in the context of the global economic crisis for the 133 Committee November 2009. The EC Trade. Available from < http://trade.ec.europa.eu/doclib/docs/2009/november/tradoc_145270.pdf >
Government Response:
- 141 reads
