Public Procurement Authority Introduces New Provisions on Index Definitions, Price Difference Calculations, and Force Majeure
Introduction
On July 30, 2025, the "Regulation Amending the Regulation on the Implementation of Procurement of Goods Tenders" was published in Issue No. 32971 of the Official Gazette, introducing significant changes regarding index definitions, standard contract provisions, price difference calculations, and force majeure.
1. Definition of Index and Sub-Index
Article 3 of the Regulation now defines "Index" as the Domestic Producer Price General Index published by the Turkish Statistical Institute. Additionally, the concept of "Sub-Index" has been introduced to enable monitoring of sector-based price variations.
2. Transitional Provision
With the newly added Provisional Article 25, tenders announced or published before September 1, 2025, will be concluded according to the provisions of the previous Regulation in force.
3. Amendments to Price Difference Calculations
A new provision added to Article 14.1 of the standard contract makes it mandatory to consider the principles applicable to both goods procurement and construction works when calculating price differences for goods procurement related to construction works. This amendment ensures fairer calculations through the use of sub-indices and fixed coefficients.
4. Extension of Time and Notification Requirements
The newly added Article 25.1.3 to the standard contract explicitly states that late written notifications will not be taken into consideration. However, in cases of force majeure, the application period will be deemed to continue.
5. Termination Due to Force Majeure
Article 35.4 has been completely revised to detail the conditions under which contracts may be terminated due to force majeure. In cases such as natural disasters, strikes, pandemics, or mobilization, where the reasons are not attributable to the contractor, termination will be possible. In the event of termination, performance guarantees will be returned.
6. Effective Date
The Regulation will enter into force on September 1, 2025, and will be executed by the President of the Public Procurement Authority.
Conclusion
These amendments aim to ensure a more transparent, fair, and orderly process in goods procurement tenders. In particular, the new rules on price difference calculations and force majeure are expected to help prevent disputes between the contracting authority and contractors.
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