Do foreign natural or legal entities, wishing to participate in tenders within the scope of its commercial activities in Turkey, need to register to EKAP (Electronic Public Procurement Platform) system?
The foreign natural or legal entities, wishing to participate in tenders in Turkey, are required to be registered to the EKAP system such as domestic natural or legal entities.
According to Tender Implementing Regulations in order to participate in the tender, it is mandatory to download the document using e-signature via EKAP, and the tender or prequalification document cannot be downloaded via EKAP on behalf of a natural and legal entity, who is not registered to EKAP.
In this framework, the Electronic Tender Implementing Regulation made it mandatory to issue a protocol between the Institution and natural and legal entities as a result of the registration process to EKAP of natural and legal entities to participate in the tenders. With the issued protocol, a responsible person for the platform is determined for conducting the works and transactions in EKAP on behalf of a natural or legal entity. Thus, performing transactions such as downloading the tender document, correspondence, and notification during the tender process, etc.; in tenders where offers are received electronically, transactions such as preparing and submitting e-offers can only be made through those, who are responsible through this platform.
In order to sign a protocol with the Public Procurement Authority, applications must be made to the Authority with the documents required in Article 7 of the Electronic Procurement Implementing Regulation.
As for the foreign natural entity or companies, as explained by the regulatory decision of the Public Procurement Board dated 13.11.2018 and numbered 2018 / DK.D-357; in order for the protocol to be signed, from among the required documents, the equivalent ones that drawn up in accordance with the regulations her country must be submitted in accordance with the provisions of the Tender Implementing Regulations regarding the submission format of documents.
Therefore, to have successful results for the applications, it is important that the approvals of the apostille certifications of the documents to be obtained from abroad, have to be approved in accordance with the tender legislations by the domestic or foreign embassies, consulates and the Ministry of Foreign Affairs.
Originally published 07 July, 2020
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