The Implementation Regulation on the Purchase and Sale Transactions of Electricity Distribution Companies entered into force after being published in the Official Gazette on December 29, 2020.
The purpose of this Regulation is to determine the procedures and principles that electricity distribution companies will apply to ensure transparency, competition, equal treatment, confidentiality of trade secrets, supervision and efficient use of resources in all kinds of construction works, purchase of goods and services, and asset sales within the scope of distribution activities.
Electricity distribution companies prepare the purchasing, selling and tender procedures to be applied to the construction, purchase of goods and services and asset sales and submit them to EMRA. The distribution company must comply with the purchase, sale and tender procedure it offers. The upper limit of the works to be tied to a single contract cannot exceed 10% of the annual investment ceiling included in the first approved investment plan of the implementation period for each contract year. If the amount calculated within the scope of this ratio is below 30,000,000 TL, the upper limit is considered as 30,000,000 TL for each contract year. In cases where the contract period is more than one year, the upper limit amount is applied as the sum of the upper limits to be applied for each contract year. The contracts signed with foreign currency at the date of signing of the contract will be selling exchange rate that applies the principles declared by the Central Bank of the Republic of Turkey. Jobs with economic and technical integrity cannot be divided and tendered.
Construction works, remote monitoring and control system (SCADA), automatic meter reading system (OSOS), geographical information system (GIS) works, service purchases made within the scope of information systems and technology works, preparation of map-plan and files for expropriation, project construction Subcontractors cannot be employed for works except for distribution facilities planned maintenance work and operations. If the bidder who bid within the scope of the construction works will give the work to the subcontractor, these works must be specified.
Except for real estate renting and leasing works, contracts signed as a result of tenders cannot exceed 2 years for construction and purchase of goods, and 4 years for asset sales and service procurement. The additional business increase or decrease for all purchases and asset sales made on the condition that it is specified in the tender document and the contract cannot be more than 25% of the contract price.
Before the procurement of goods or services and construction works, the electricity distribution company conducts a price inquiry and the approximate cost is determined. The electricity distribution company prepares a separate tender dossier for each tender. Out-of-scope purchases over 20,000 TL are recorded in a list. More than one electricity distribution company cannot join the tender by merging. Agreements and contracts made within this scope cannot be transferred.
There are five types of tenders to be applied in the purchase, sale and tender procedures of distribution companies. These;
Open tender procedure: It is a type of tender where all bidders can bid. It is announced at least seven working days before the tender. It can be used in all jobs. Insurance policy purchases within the scope of protection of facility assets, tenders for making framework agreements and asset sales are made through open tender procedure.
Invitation-style tender: It is a procedure made by inviting all bidders who have the qualification conditions specified for works up to 2.000.000 TL and shortlist and contract value at least seven working days before the tender. This method cannot be used if the number of bidders in the shortlist who have the qualification requirements for the tender is less than three.
Direct supply: Negotiations are made on the technical conditions and price in order to meet the needs of the bidder and the distribution company in the most appropriate way, by giving sufficient time for the preparation of the proposals without making an announcement.
- If it is determined that the need can be met by only one person,
- If a single natural or legal person has a special right regarding the need,
- In the event that the material or service needed to ensure harmonization and standardization with existing goods or services cannot be obtained from a real or legal person other than the first purchase,
- In case of sudden and unexpected situations such as natural disasters, epidemic diseases, danger of loss of life and property, or the emergence of unforeseen situations by electricity distribution companies, if it becomes compulsory to make purchases,
- Off-grid periodic maintenance and repair service purchases such as elevators, generators, combi boilers, boilers, on-board facilities, fuel purchases, property and service purchases such as real estate purchase and rental, real estate leasing, furnishing materials purchases,
- Works that have to be made on the account of the contractor for any reason and whose physical realization is 75% or more; The works regarding the completion of the terminated or liquidated works are carried out with this method.
Restricted tender procedure: It is a two-stage tender procedure in which the bidders invited by the distribution company as a result of the prequalification tender participate. This tender procedure can only be used for purchases under technological and cyber security.
Out of scope purchase: This is a framework agreement. The framework agreement is not a tender procedure, however, it is specified in the tender document and the specific price of the purchases/sales to be realized in a shorter period of time, provided that a maximum of two years for the purchase of goods or works, a maximum of four years for the sale of assets and services, or a shorter period of time. It is an agreement that is formed as a result of open tenders that determines the conditions for the determination of the price and the amount.
The electricity distribution companies publish the announcements required for the tender and purchase-sale transactions they will carry out, 7 business days before, on the announcement page of the Press Advertisement Agency and on the website of the electricity distribution company until the tender date. It publishes the information and documents that require preparation, in line with the technique of the work, at least 2 business days prior to the announcement page of the Press Advertising Agency and on the website of the electricity distribution company until the tender date, so that the candidates or the candidates can make the necessary preparations.
Among the bidders to participate in the tender; Information and documents that show economic and financial competence and professional and technical competencies are requested in accordance with the technique of the work specified in the tender document.
The evaluation criteria and documents to be required for the determination of economic and financial competence and professional and technical competence cannot be presented in a way that prevents competition. Similar jobs determined for work experience documents are shown in general terms, they cannot be determined on the basis of one or a few very similar jobs, in a way that prevents competition, by narrowing the similar business area too much. Optional documents prepared by foreign certification bodies regarding tenderers and products cannot be determined as a qualification condition.
In asset sale tenders, acceptance of work experience certificates obtained only from electricity distribution companies cannot be imposed. In these tenders, the materials to be used in the construction of the work cannot be requested as the only condition of the bidders' own property. In addition, qualification conditions not related to the material subject to sale cannot be imposed.
Except for leasing, work experience certificate is required by the electricity distribution company in open tenders. The amount of work experience certificate to be requested cannot be more than 150% and less than 50% of the annual total bid price for each contract. If annual turnover and similar financial sufficiency documents are requested, these amounts cannot exceed 200% of the annual total bid price for each contract.
In open tender and invitation type tenders, the offers are received in a sealed envelope. In open tenders, the competency envelope containing the information and documents required by the bidders and the price offer envelope containing the price offer are included in the same envelope. Except for the framework agreement purchase/sale agreements, tender offers cannot be received by e-mail. Bids are opened with a report at the place and deadline for bidding specified in the tender announcement. Auction is made after the opening of the bids made in the purchase auctions, and the auction is made after the opening of the bids made in the sales auctions. In the auctions, if the bids received are less than three, the auction may be canceled. If this tender is repeated, the number of offers is not required.
All kinds of objections and complaints within the tender process are made before the electricity distribution company that made the tender. If the objection and complaint continues, an application is made to EMRA with the reply letter given by the electricity distribution company and other supporting information and documents. Inappropriate applications are not considered by EMRA.