ERDEM-NEWSLETTER-2018-metin
368 NEWSLETTER 2018 the rules for tenders that shall be made pursuant to the Regulation. Aside from the price, management and maintenance costs, produc- tivity, quality, technical superiorities and Industry and Technology Participation (“ITP”) obligations will also be assessed in tenders that are made within this scope. Furthermore, the Regulation stipulates that construction works, services and goods purchases shall not be consid- ered together as tenders, unless they have an acceptable natural link amongst them. Supply Group and ITP Group The Regulation stipulates the principles regarding formation of the Supply Group and ITP Group, determination and submission of tender procedure, preparation of tender documents, tender commis- sions, preparation and presentation of offers, preparation of offer evaluation plans, opening of the offer file, opening and evaluation of offers, and the conclusion of supply and ITP contracts. In this regard, pursuant to the Regulation, the negotiations for the contract shall start with the bidder, if there is only one bidder or, with the first bidder, if there is more than one bidder. The supply tender commission shall pursue the Supply contract negotiations, whereas the ITP Commission pursues ITP contract negotiations. There shall be no increase in the bidder’s price offer during contract negotiations. Industry and Technology Participation Categories The Regulation addresses ITP categories. Local contribution, technologic cooperation and exportation are stipulated under Catego- ry-A, Category-B and Category C, respectively. In this respect, “ local contribution” is defined as activities per- formed inside the country by domestic companies and institutions and establishments, under the procurement contract, under Category- A. Under Category–B, “technologic cooperation ” is defined as endorsements, such as infrastructure, hardware, software, service, information, document, education, intellectual and industrial prop- erty, certification and financial endorsements that shall be provided for research-development, design, production, software development,
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