REGULATION ON THE AMENDMENT OF THE IMPLEMENTATION REGULATION ON CONSTRUCTION WORKS
The Regulation on Amendment of the Implementation Regulation on Construction Works is published in the Official Gazette on the 14th December 2017.
The Regulation is issued upon the Article 53 of the Public Procurement Law Nr. 4734 (“Law”)
The Purpose and Scope of the Regulation
The purpose of the Regulation is to regulate the procedures and principles to be applied by the administrations within the scope of the Public Procurement Law No. 4734 to the works contracts to be carried out in accordance with this Law.
The sub-clause stated below has been added to the Clause 5 of Regulation of the Implementation Regulation on Construction Works (“Regulation”) published in the Official Gazette Nr. 27159 on 04.03.2009;
“It is mandatory that the tender document is prepared in the form which would meet the by the Ministry of Environment and Urbanization for materials other than those for technical reasons, in order to ensure that machinery, materials and equipment listed in the list determined by the Ministry of Science, Industry and Technology regarding machinery and equipment are used during the construction phase.”
Authority to determine the machinery,materials,equipment and software
The sub-clause stated below has been added to the Clause 41 of the Regulation;
“The condition of machinery, materials, equipment and software to be used in construction works and to be wholly or partial domestic goods, can be decided upon. However, it is mandatory that the machinery, materials and equipment to be used at work, which have been designated by the Ministry of Environment and Urban Planning for the materials, the Ministry of Science, Industry and Technology for the machinery and equipment, by taking the views of the relevant institutions and institutes, amongst the medium low, medium high and high technology machinery, materials and equipment, which will be the subject matter of the tender, to be domestic goods.”
Authorities of the Construction Inspection Officer
The sub-clause stated below has been added to the Clause 15 of the General Specification of the Construction Works which regulates the “Authorities of the Construction Inspection Officer” in the Annex 8 of the Regulation;
“It is the responsibility of the building control officer to inspect the machinery, materials and equipment and the software required to comply with the local property requirement.
The domestic production of machinery, materials and equipment with the obligation to be a domestic commodity and ending up with insufficient due to natural disasters such as natural disasters, legal strike, general epidemic disease, partial or general mobilization announcement or other related machinery, materials and equipment and other software machinery, materials and equipment and software that are not native to the contractual work can be used, with the approval of the contractor, upon the written application of the contractor, where it is not possible to obtain it as domestic good for compulsory reasons.
In such cases, additional time may be given to the contractor, taking into account the work schedule.”
This Regulation shall enter into force on 14.12.2017 which is the publication date.