Public Procurement Authority Electronic Public Procurement Platform E-Procurement: Legal Framework

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Joel Strickland
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1 Public Procurement Authority Electronic Public Procurement Platform E-Procurement: Legal Framework March 2012 Presenter: Ümit ALSAÇ (Public Procurement Expert) 2011 T.C Kamu T.C. İhale Kamu Kurumu İhale Kurumu.

2 Agenda Public Procurement Law No:4734 E-procurement Application Regulation Communique No:1 about the use of Electronic Public Procurement Platform

3 Public Procurement Law No:4734 Additional Article 1: Electronic Public Procurement Platform (Added by Law No:5812 on 20/11/2008) In procurements to be conducted within the scope of this Law; without prejudice to the article 13, stages related to procurement process, such as the tender notice, preparation and submission of the tender document, submission of the documents concerning participation and qualification, preparation, submission, and evaluation of the tenders, finalization and approval of the procurement, notification of the final tender decision, and signing of the contract as well as all sorts of notifications may be realized partly or wholly over the Electronic Public Procurement Platform established by the Authority.

4 Public Procurement Law No:4734 Additional Article 1: Electronic Public Procurement Platform (Added by Law No:5812 on 20/11/2008) The principles and procedures concerning the establishment and operation of the Electronic Public Procurement Platform as well as the use of electronic means during the procurement process shall be determined by the Authority. All the notices to be made pursuant to article 13 of this Law shall also be published in the Electronic Public Procurement Platform.

5 Public Procurement Law No:4734 Additional Article 1: Electronic Public Procurement Platform (Added by Law No:5812 on 20/11/2008) Systems may be established over the Electronic Public Procurement Platform concerning the determination of the qualifications of candidates or tenderers in procurements that are within the scope of this Law. The Authority is authorized with regard to establishing, getting established, and supervising of these systems, cancelling the powers of the authorized entities or taking decisions in the nature of precautions.

7 Public Procurement Law No:4734 Additional Article 4: Dynamic Purchasing System (Added by Law No:5812 on 20/11/2008) The Dynamic Purchasing System may be used for purchasing in electronic environment of the manufactured goods available in the market. Open procedure is applied while establishing the system. The Electronic Public Procurement Platform shall be used for the procurements to be conducted by dynamic purchasing system. No fee shall be collected for admitting to and operating of the system. The Authority is empowered to determine the cases requiring contract arrangements, and the principles and rules regarding the contracts on procurements within the scope of dynamic purchasing system.

8 Public Procurement Law No:4734 Additional Article 5: Electronic Reverse Auction (Added by Law No:5812 on 20/11/2008) The Electronic Reverse Auction may be conducted after the completion of the evaluation phase of the open procedure, restricted procedure and negotiated procedure, conducted according to paragraphs (a), (d) and (e) of Article 21, provided that it has been stated both in tender notice and tender documents. Electronic Reverse Auction may also be applied in tenders within the scope of dynamic purchasing system and framework agreements. Electronic Reverse Auction shall not be used, however, in tenders for the procurement of consultancy services conducted pursuant to article 48..

9 E-procurement Application Regulation Published in the Official Journal and Entered into Force on February 25, 2011 Regulates the procurement procedures within the scope of Law No:4734 to be conducted on the Electronic Public Procurement Platform (EPPP), partially or wholly Typical administrative specifications and standard forms to be used in tenders, where e-submission and e-evaluation are possible, are annexed to the regulation

10 E-procurement Application Regulation Procedures to be conducted on the EPPP: -Preparation of a needs report, -Registration of the tender, -Coupling of the needs report and the tender, -Uploading of technical specifications, - Preparation of tender documents, -Registration of those who purchase or download tender documents, - Tender notice preparation, control and publication, - Addendums and clarifications in tender documents, -Forming of the tender commission, -Registration of applications or tenders, - Registration of application or tender evaluations, -Blacklist confirmations, - Registration and submission of contract award information, -Registration of tender cancellations

11 E-procurement Application Regulation Main Principles: All contracting authorities and economic operators who download tender documents using e-signatures and submit e-tenders are required to register in the EPPP. E-submission and e-evaluation are allowed only in the goods procurement where open procedure is applied. When a contracting authority decides to use e-submission and e- evaluation, paper based tenders are not allowed. E-signatures are used by economic operators users who are personally entitled to download tender documents and submit e-tenders. All transactions on the EPPP are recorded and EPPP records are deemed absolute proofs unless the opposite is proven.

12 E-procurement Application Regulation Main Principles: Confidentiality, trust and protection of personal data are guaranteed by the PPA. Information obtained about economic operators on the EPPP shall be used only for tender evaluation related purposes and shall not be shared by third persons. Inquiries about economic operators about their personal situation and qualifications are made via the EPPP if systems of related authorities allow to do so. For those information, paper based documents are not required. All notifications and submissions from contracting authorities to economic operators shall be made via the EPPP, if tenders are accepted electronically. Delivery date and hour of such submissions are accepted as the same date and hour of submission.

13 E-procurement Application Regulation Procedural Rules: Economic operators who download tender documents with their e- signatures on the EPPP are not required to buy tender documents from the contracting authority. E-tenders are prepared and submitted on the EPPP using e-signatures. They are encrypted after submission and stored confidentially until the tender opening time. Tender opening date and hour is 24 hours after the last tender submission date and time. E-keys are submitted within this time interval. Personal situation ad qualification related documents which can not be inquired over the EPPP are scanned and annexed to the e-tender. Original documents are required only from the economically most advantageous tender.

14 E-procurement Application Regulation Procedural Rules: E-tenders are opened by the tender commission on the EPPP. Tender evaluations (such as the validity of the e-signature, virus content in files) to be made during the opening session are made and recorded on the EPPP. In later sessions e-tenders are evaluated according to specifications and evaluations are recorded on the EPPP. Evaluations and decisions of the tender commission and the contracting authority can be followed by tenderers on the EPPP. Contract award decisions and notifications to tenderers are made on the EPPP.

15 Communique No:1 about the use of Electronic Public Procurement Platform Describes in detail how to conduct transactions to be made on the EPPP by contracting authorities, economic operators and citizens. Some of them: How to prepare tender documents? How to download tender documents? How to register in the EPPP? How to search for tender opportunities? How to record tender evaluations? How to make black list confirmations? How to submit contract award information? How to add new users, delete existing users and establish passwords?

16 THANKS

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