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Author Topic: Regulation on Administrative Applications Against Procurements  (Read 3253 times)

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Regulation on Administrative Applications Against Procurements

Date of Official Gazette: 24/05/2004 
No of Official Gazette: 25471


SECTION ONE
General Provisions
Purpose and Scope
Article 1- This Regulation establishes the procedures and principles for investigation and resolution on the complaints that may be made by the candidates, tenderers or those than can be tenderers as well as other applications concerning the illegality claims and the implementation of the resolutions in respect of the procurements, which the Public Procurement Authority has the authority to investigate, in order to ensure compliance with the legislation concerning the procurements.
Basis
Article 2- This Regulation hereby has been enacted on the basis of Article 53 of Public Procurement Law #4734.
Definitions
Article 3- The following definitions shall have the meanings set opposite to them besides the definitions given under Article 4 of the Public Procurement Law #4734 in implementing this Regulation;
Law: Refers to the Public Procurement Law #4734;
Chairman: Refers to the Chairman of Public Procurement Authority;
Expert: Refers to the Group Heads and the Heads of Departments, who have the capacity of Public Procurement Expert or Expert, the Professional Personnel of the Authority employed by the Public Procurement Authority;

Reporter: Refers to the person(s) to be designated by the Contracting Officer among the public officers having the qualifications for such appointment in the tender commission as per Article 6 of Law #4734 according to the subject of the procurement or application in order to investigate through the complaint submitted to the Contract Entity;

Those that can be tenderers: Refer to the natural or legal bodies that act in the field of activity of the subject of procurement and that have purchased the bidding or pre-qualification documents;
Procurement process: Refers to the process that starts with the date when the procurement approval is given by the contracting officer and that is completed when the contract is signed by the contracting officer and the contractor and certified by a notary public, or in cases where certification by notary and registration are not required, when the contract is signed by the respective parties;

Procurement dossier: Refers to the procurement proceedings dossier defined under Article 7 of Law #4734 and the dossier that contains all administrative applications submitted with respect to the procurement as well as all transactions and proceedings performed upon such applications;


Final resolution: Refers to the Resolution of Board, which is taken at the end of the process stipulated in this Regulation upon the administrative applications in respect of the procurements, and which concludes such an application;
Day: Refers to the Calendar Day;
Business Day: Refers to the days except for the official holidays and the general public holidays;

Ways of Application
Article 4- The administrative applications to be made under the Law #4734 in against the procurement proceedings are as follows:
a) The complaint refers to the applications made to the contracting entity by the candidates, tenderers or those that can be tenderers in relation to the proceedings or actions within the procurement process.

b) Objecting complaint refers to the complaint applications that are submitted as complaints to the Authority by those that choose to complain to the Contracting Entity against the resolutions taken upon the application submitted to the Contracting Entity within the procurement process, or by other candidates, tenderers or those that can be tenderers, or those that choose to complain to the Contracting Entity if resolution is not taken in a timely manner.
c) Investigation through claims refers to the applications that are submitted to the Authority with the claims of contrary acts to the Law #4734 and the related legislative provisions in the procurements held by the Contracting Entities.
Those that have the capacity to complain may not claim for the investigation through the claims within the procurement process.
Capacity of Complainant
Article 5-
a) The candidates and tenderers, in relation to all proceedings and actions in the procurement process; and
b) Those that can be tenderers, only in relation to the matters provided in the procurement notice and the procurement and prequalification documents, and the conflicts between such matters and the administrative practices;
may choose to make complain if they claim that they have incurred a loss of right or damage, or they are likely to incur some damage.
Application Periods
Article 6- The duration of application to the Contracting Entity is 15 days as from the date when the proceeding or action, which is the subject matter of the complaint, is realized or that should be realized within the procurement process.
In cases where specific periods are not stipulated in the Law and this Regulation, the period of objecting compliant to the Authority is 15 days. This period shall commence from the notification of the resolution taken in relation to the complaint submitted to the contracting entity, or if such resolution is not taken within 30 days by the contracting entity, at the expiry of 30 days following the date of such complaint.
General Principles Regarding the Periods
Article 7- The periods start to elapse as from the date when the cases causing the notifications, announcements, notices or complaints are realized, or the date when they should be realized.

The holidays are included in periods. If the last day of a period is holiday, the period shall extend until the end of the business day following such holiday.
General Principles Regarding the Periods
Article 8- The applications shall be made by virtue of petitions written to the contracting entity or the Authority. The petitions shall include;
a) Name, surname or title and address of the applicants, agents or representatives;

b) The procurement, which is the subject matter of application;
c) The contracting entity holding the tender and its address;
d) The cases complained or claimed for investigation, the reasons and the evidences thereof;
e) The date when the case complained or claimed for investigation is realized or the date of notification, announcement or notice.

The date of notification of the resolution shall also be indicated and a copy of the resolution shall be attached to the application petition if the date of the complaint submitted to the contracting entity is specified besides the foregoing in respect of the objecting complaints to the Authority. Furthermore, the application fee at the amount stipulated under paragraph (j) of Article 53 of Law #4734 and updated by the Authority shall be deposited to the accounts of the Authority and the related evidencing document shall be attached to the petition.
It is compulsory to attach the documents evidencing the authority of representation as well as the original of the signature circular or the copies approved by the competent authorities to the complaint and objecting complaint petitions. In addition, the documents evidencing that the procurement document has been purchased or tender has been submitted for the procurement shall be attached to the complaint and objecting complaint petitions.
The applicant may attach all information and documents that are deemed to be related to his claim to the petition.
The same person may apply for complaint and objecting complaint with a single petition about multiple subjects concerning a single procurement. Even though there is a substantial or legal connection or reason- result relation between them, the complaint and objecting complaint application may not be made with a single petition concerning more then one procurement. More then one person may not apply to the same procurement with a single petition.
The Places Where the Petitions Will Be Submitted
Article 9- The petitions shall be submitted to the Contracting Entity holding the procurement in respect of the complaints raised to the contracting entity, and to the Authority in respect of the objecting complaints to the Authority.
If the place of domicile of the complainant is located abroad, the complaint and the objecting complaint petitions may be submitted to the Turkish Consulates.
Application to Other Places and Application Through Posting
Article 10- The applications made to the administrative units except for the places indicated under Article 9 must be sent to the related contracting entity or the Authority by such units.
In this case and in respect of the applications made through posting, the date when the application is registered by the related contracting entity or the Authority shall be assumed as the date of application.

Proceedings To be Made Upon Submittal of Petition
Article 11- The petition shall be immediately registered directly by the contracting entities receiving such an application and after the receipt of the document evidencing the deposit of the application fee by the Authority, and the date and number of registration shall be written on the petition.
The applicants shall be given a document of receipt with signature and seal indicating the date and number of registration.
After the petitions submitted to the Turkish Consulates are registered and the document of receipt is given, they shall be submitted to the relevant contracting entity or Authority via registered posting within the subsequent business day at the latest.
SECTION TWO
Investigation by Contracting Entity
Complaint to the Contracting Entity
Article 12- The candidates, tenderers or those that can be tenderers shall firstly complain to the contracting entity holding the tender in relation to the procurements.  The contracting officer takes his resolution about the complaint according to the results of investigation conducted by him personally or caused to be conducted to one or more reporters according to the nature of the work.
The Contracting Entity shall take into account the procedures and principles set forth by the Authority in the process of resolution to be taken pursuant to the application for complaint.
Continuation of Procurement Process
Article 13- The contract cannot be signed unless the complaint application to the Contracting Entity is concluded or it is approved by the Contracting Officer to continue the procurement proceedings owing to urgency and public interest. After the complaint is submitted, it may be decided by the Contracting Officer to continue the procurement process and sign the contract with the causes thereof before the complaint is concluded.


This resolution shall be notified to the complainant so that he receives the same at least at 7 days in advance of the signing of the contract. He can make an objecting complaint application to the Authority within 3 days following such notification in return for the said resolution.
If the Contract is signed before duly notification by the Contracting Entity, the procurement award and the contract shall be void.
The resolution of the contracting entity approved by the contracting officer for continuing the procurement process and signing the contract shall not have the capacity to conclude the application, but a resolution taken as a preliminary precaution to be implemented during the period of time until the application is concluded by the contracting entity. Objection or no objection to this resolution shall not affect the application to made against the resolution concluding the application or the application when any resolution is not taken within 30 days.
Aspects of Resolutions
Article 14- The following aspects shall be included in the resolutions to be taken upon the complaint application of the contracting entity:
a) Procurement registration number,
b) Date and number of registration of application to the contract entityís records as well as the date and number of resolution,
c) The procurement that is the subject matter of application,
d) The Applicant,
e) Summary of other resolutions taken and the proceedings conducted upon the application,
f) Summary of the claims, events and the legal bases,
g) Evaluation through the claims and events,
h) The legal reasons and causes, and result of the resolution,
ı) If the complaint is found justified partially or wholly, the corrective actions required and whether the procurement process will continue or not with such corrective actions,
i) Name, surname and signature of the contracting officer.
Resolutions Taken by Contracting Entity
Article 15- The Contracting Entity may take any of the following resolutions as a result of investigation through the basis of the complaint;
a) Determining the corrective action in cases where the problem may be remedied through correction and where it is not required to interrupt the procurement process;
b) Canceling the procurement proceedings if any event hindering the continuance of the procurement process and that cannot be remedied with a corrective action and that is in contrary to the related legislation;

c) Disapproving the application for complaint.





SECTION THREE
Investigation by the Authority
PART ONE
Objecting Complaint Applications
Objecting Complaint to the Authority
Article 16- If any resolution is not taken within three days following the date of the notification of the resolution by the contracting officer for continuation of the procurement proceedings owing to urgency and the public  interest reasons, or within fifteen days following the notification of the resolution by the contracting entity finalizing the application, or within thirty days following the date of complaining to the contracting entity, one may apply to the Authority for complaint within fifteen days following the expiry of the duration for taking a resolution.
The answers by the contracting entity to the subsequent complaint applications made to the contracting entity and containing the same content with the first application shall not release the application period.
Investigation by the Authority
Article 17- In respect of the objecting complaints, it shall be investigated whether the phase(s), which is/are the subject matter(s) of the complaint, or the proceedings concerned with this phase is/are in compliance with the public procurement legislation.
Investigation through the claims shall be conducted restricted to such claims.

The Authority may request documents, information and opinions from all public and private authorities, organizations and persons in fulfilling its duties. Such documents, information and opinions must be provided in a timely manner.
Proceedings upon Application
Article 18- The objecting complaints submitted to the Authority shall be registered by the general documentation unit, and the application registered shall be submitted to the related Vice Chairmanís office on the same day or the subsequent business day. The Vice Chairman shall designate the Department, which shall investigate through the application, and the application and the annexes thereto shall be sent to such Department.
The Department shall firstly investigate whether the application has the nature of objecting complaint or not. The complaint applications submitted directly to the Authority, and the applications for informing the Authority of such an application made to the contracting entity, and the applications made before a resolution is taken by the contracting entity about the complaint submitted to the contracting entity and before expiry of 30- day waiting period shall be sent to the contracting entity holding the procurement by the Department.
When the process to investigate through the basis of the objecting complaints submitted to the Authority is initiated, this case shall be notified to the contracting entity.
Before the proposal for appointment in relation to the investigation through the basis of the application, the Department shall request the procurement dossier or the information and documents concerning the subject matter of the application from the contracting entity holding the procurement.

Duty of Investigation Through Applications
Article 19- The applications shall be investigated by an expert or a committee consisting of maximum 3 persons including at least one expert among them according to the subject matter or scope of them. The Expert or Committee shall be appointed by the Vice Chairman upon the proposal of the Department where the application is sent.

The members of the committee may be designated among the assistant experts besides the expert or experts. The assistant experts should work for at least one year in the Authority as the assistant expert in order to be able to take part in the committee. It is compulsory that the Chairman of Committee is an expert.

The Expert or Committee shall conduct every research and investigation through the procurement as per Article 17 upon the submittal of the application to them. The Expert or Committee may request the documents, information and opinions required for the procurement or subject matter of the complaint from all public and private authorities, organizations and persons through the Vice Chairman during the fulfillment of their duties.
Preliminary Investigation Subjects and Proceedings Upon Preliminary Investigation
Article 20- The petitions shall firstly be investigated in sequence in respect of;
a) Whether the subject matter of application within the field of activity of the Public Procurement Authority;

b) Capacity of the applicant;
c) Whether the application is made in a timely manner;
d) Compliance with Article 8 of this Regulation;
e) Whether it is necessary to cease the procurement process.
The outcomes of the investigation regarding items (a), (b), (c) and (d) shall be entered into the Preliminary Investigation Minutes.

As a consequence of the preliminary investigation, if anything contrary is found in respect of items (a), (b) and (c), the Preliminary Investigation Report containing such contrary acts shall be issued.
If anything contrary is not found in respect of the subjects of the preliminary investigation set forth in items (a), (b), (c) and (d), the actual investigation shall be initiated upon the approval of the Head of Department. The Preliminary Investigation Report shall be issued limited to the matter whether the procurement process shall be ceased or not.
If anything contrary is found out in respect of items (b) and (c), the Preliminary Investigation Report shall be prepared with respect to whether the process of investigation through such contrary acts and claims shall be initiated.
If anything contrary is found out in relation to item (d), the Preliminary Investigation Report shall not be issued. The Head of Department shall notify the complainant to remedy the action contrary to Article 8. Such contrary act shall be remedied by the complainant within such period of time if there are 3 days or more for the expiry of the application period, and within 3 days if the application period expires or there are less then 3 days. If such contrary act is remedied in a timely manner, the actual investigation process shall be initiated upon the approval of the Head of Department and the Preliminary Investigation Report shall be issued limited to the matter whether the procurement process shall be ceased or not. If the contrary act is not remedied in a timely manner or the same contrary act repeated as a second time, the Preliminary Investigation Report shall be issued in respect of such contrary act and whether the claims shall be investigated or not.
If it is found out that the contract is signed in respect of the objecting complaints, the Committee shall not discuss about whether the procurement process shall be ceased or not.
Resolutions Taken Upon the Preliminary Investigation
Article 21- The Chairman shall take the application to the agenda of the Committee on the date of first meeting following the date when the preliminary investigation report is submitted. The Committee shall resolve on the following with the agenda where the preliminary investigation report is discussed:
a) Rejecting the application in respect of duty issues if it is found out that the subject matter of the application is not in the field of activity of the Authority;
b) Rejecting the application in respect of capacity issues if it is found out that the person raising the claim does not have the capacity;
c) Rejecting the application in respect of time issues if it is found out that the application has been made after the expiry of any claim;
d) Rejecting the application if the contrary act to Article 8 is not remedied in a timely manner;
e) It is not necessary to take resolution if the procurement is cancelled by the contracting entity or the procurement proceeding, which is the subject matter of the application, has been cancelled by the Committee before;
f) It is not necessary to take resolution if the application for complaint is deferred;
g) Rejecting the application in other applications where it is not possible for the Authority to investigate except for the matters mentioned above.

The process of investigation through the basis is initiated when it is resolved that there is not any contrary act in respect of the preliminary investigation issues discussed by the committee within the framework of this article.
Upon the final resolutions taken according to items (b), (c), (d), (e), (f) and (g) in relation to the preliminary investigation matters, the Committee shall also resolve on whether the process of investigation through the claims shall be commenced or not.
Cessation of Procurement Process
Article 22- In cases where the portion of the application investigated in relation to the procurement, which is the subject matter of such an application, is clearly illegal or in cases where it is likely that the works contractor, supplier, service provider, public, contract entity and other tenderers may incur losses, which are difficult or impossible to compensate, the Committee shall resolve on cessation of the procurement process until the final resolution thereafter.

The claims against the resolution taken by the contracting officer for continuation of the procurement process or signing the contract shall be finalized within five days by the Authority and notified to the contracting entity and the complainant. The contract shall not be signed by the contracting entity until the claim is finalized and the resolution is notified by the Authority.
A resolution is taken by the Committee on whether it is necessary to cease the procurement process or not during the meeting where the Preliminary Investigation Report is discussed. If the Committee deems it necessary to conduct a separate investigation to take a resolution in respect of the objecting complaints, such resolution may be taken as a result of the investigation to be completed within 5 days following the date of meeting where the Preliminary Investigation Report is discussed.
Listening to the Parties
Article 23- In cases where deemed necessary by the Committee, it may be resolved on listening to the respective parties and other concerned people deemed necessary. The Committee shall designate a specific date in cases where it is resolved to listen to the parties. Such date designated shall be notified to the respective parties and the concerned people at least at 3 days advance.
Resolutions Taken by the Committee
Article 24- The Committee may resolve on the following as a result of investigation through the basis of the objecting complaint application;
a) Defining the corrective actions in cases where the problems may be remedied through correction by the contracting entity and it is not necessary to interrupt the procurement process;
b) Canceling the procurement proceedings if anything that may hinder the continuation of the procurement process and that cannot be remedied through the corrective actions, and that is contrary to this Law and the pertinent legislation;
c) The objecting complaint application has been disapproved;

The Committee, if deemed necessary, may resolve on informing the contract entities to be designated and/or proclaiming the acts of crimes to the Public Prosecution Offices for further actions in administrative and/or penal aspects in relation to the acts that are found to be contrary.
Aspects of Resolutions
Article 25- The following aspects shall be included in the resolutions to be taken upon the objecting complaint applications:
a) Procurement registration number,
b) Date and number of registration of application to the authorityís records,
c) The procurement that is the subject matter of application,
d) The Contracting Entity and the date and number of resolution taken by the contracting entity holding the procurement,
e) The applicant or complainant of the objecting complaint application,

f) Summary of the claims, events and the legal bases,
g) Summary of other resolutions taken and the proceedings conducted by the Authority upon application,
h) Evaluation through the claims and events,
i) The legal reasons and causes, and result of the resolution, and if any, the reasons and result of the minority vote,
j) Date and number of resolution, and the distinguishing between the unanimous and majority of votes;
i) Names, surnames and signatures of the Chairman and Members of Committee participating in the meeting.

PART TWO
Investigation Through Claims
Request by Chairman
Article 26- The Chairman may require the investigation of the claims of breach of the procurement legislation, which are deemed serious and concrete and which reflect to the public in relation to the procurements within the scope of the Law. Such request of the Chairman shall be promptly notified to the Head of Department by the Vice Chairman. An expert proposed by the Head of Department shall be assigned by the Vice Chairman to evaluate the claims.
Applications for Investigation Through Claims
Article 27- The written applications requesting the investigation through the claims submitted to the Authority shall be registered by the general documentation unit, and submitted to the relevant Vice Chairmanís Office on the same day or the subsequent business day. The Department where the claims shall be investigated shall be determined by the Vice Chairman, and such application and annexes thereto shall be submitted to the related Department.
Firstly, an expert proposed by the Head of Department shall be assigned by the Vice Chairman to evaluate in respect of whether the investigation process should be initiated after accepting such claim.
     Conditions of Acceptance
Article 28- The following conditions are required in sequence to enable the Committee to resolve on investigation through the claims:
a) Indication of the procurement and the contracting entity holding the procurement in the application;
b) The claims in the application being concrete and serious;
c) There not being any complaint application resulted in the resolution of rejection as a result of investigation through the basis for the same procurement or the same subject matter or any application not having been made to the Authority against the resolution taken upon the complaint application, or the basis of the claim not having been investigated;
d) If the procurement process has been completed and any complaint and/or objecting complaint application has not been made in the same subject matter, the public interest from the administrative inspection being higher than the benefit from continuation and completion of the work to be procured.
Obtaining Information from the Contracting Entity
Article 29- Upon applications, when the expert notifies that the conditions set forth in items (a) and (b) of Article 28 have been fulfilled within 3 business days or when the notification of the Chairman is submitted, the Head of Department requests the following from the Contracting Entity in relation to the procurement, which is requested to be investigated;
a) Subject matter of procurement;
b) The phase of procurement process;
c) Whether there is any complaint application made to the administration in this process, and the resolutions taken, if any, and the proceedings conducted and the investigations undertaken;
d) The candidates and tenderers that have made pre-qualification application, if already made, and/or submitted tenders as well as the tenders submitted and the tender found the most advantageous economically. If the procurement process has been completed, a certified copy of the contract shall be sent by the contracting entity. The contracting entity has to submit such information and documents to the Authority within 3 business days.
Aspects of Resolutions Taken Upon Investigation Through Claims
Article 30- After the Evaluation Report is presented by the Vice Chairman, the Chairman shall distribute the report to the Members of Committee, and take it in the agenda of the Committee within 15 days at the latest.
The resolution of Committee on whether the claims shall be investigated shall include the following items:
a) Date and number of registration of application to the records of Authority, and the resolution number of Committee,
b) Procurement, which is the subject matter of application,
c) Contracting entity holding the procurement,
d) Summary of the claims raised and the legal causes based,
e) Summary of proceedings and evaluation upon application or notice,
f) The legal reasons and causes, and result of the resolution, and if any, the reasons and result of the minority vote,
g) Date and number of resolution, and the distinguishing between the unanimous and majority of votes;
h) Names, surnames and signatures of the Chairman and Members of Committee participating in the meeting.
Resolutions Taken Upon Investigation Through Claims
Article 31- As a result of investigation through claims, either of the following resolutions shall be taken;
a) The claims being disapproved;
b) If the claims are approved as a result of investigation, notification of the procurement tenders where acts contrary to the legislation are detected to the pertinent contracting entity and/or the Public Prosecution Office.
Notification of Resolution
Article 32- The resolution taken upon any application shall not notified to such address in writing if the particulars of identity and the notification address of the applicant are provided. If the particulars of identity and the address are not included in the application, or the notification could not be made to the address given, the resolutions in the investigation process need not to be notified to the applicant.
Investigation Process
Article 33- If the contracting entity holding the procurement, which is the subject matter of the application, makes a declaration, it shall be resolved that the investigation be conducted directly by the Authority.
In cases where the contracting entity holding the procurement, which is the subject matter of the application, does not make a declaration, the Resolution of Committee and each copy of the application petition, if any, and the annexes thereto shall be sent to the contracting entity holding the procurement. The resolution for finalizing the application shall be taken by the contracting entity through the implementation of the procedures and principles set forth in this Regulation. The resolution shall be notified to the parties and sent to the Authority with the procurement dossier on the date of notification.
The resolution taken by the contracting entity after the submittal of the request for investigation through the claims is submitted to the relevant contracting entity by the Authority, shall be examined within the framework of the procedures and principles except for the articles related to the preliminary investigation stipulated hereunder for investigation of objecting complaint by the Authority, and any of the resolutions provided under Article 31 shall be taken.



SECTION FOUR
Results of Resolutions
Resolutions Taken Upon Complaint
Article 34- The Contracting Entity shall notify the final resolutions taken upon complaint to all candidates and tenderers within 7 days at the latest. If any claim is not raised to the Authority within 15 days following the date of final notification, the Authority shall perform the actions and proceedings required by the resolution.
Raising a claim to the Authority shall not prevent fulfillment of the requirements of resolutions except for signing the contract. If the Authority resolves on ceasing the procurement process, the proceedings shall be ceased and the final resolution of the Authority shall be waited, and the requirements of such resolution shall be fulfilled. If it is not deemed necessary to cease the procurement process by the Authority, the contracting entity may sign finalize the procurement process without waiting for the actual resolution by signing the contract.
Resolutions Taken At The End of Process for Investigation of Objecting Complaints and Claims
Article 35- The final resolutions taken by the Committee at the end of the process for investigation of the objecting complaints and the claims in relation to the procurement process shall be published in the Official Gazette. The resolutions shall be notified to the respective parties within 5 days following the date of resolution.
The Contracting Entity is liable to conduct the proceedings and actions required by the resolutions of the Committee to such extent to cause any change to the legal condition within 7 days at the latest following the date of notification of the resolution to it. The implementations shall be notified to the Authority within 5 days as from the date of implementation of resolution.
In the case of approval of procurement and cancellation of any of the proceedings before such approval, the requirements of the resolution shall be fulfilled by the contracting entity, and if necessary, the procurement process shall be initiated again upon taking the procurement approval.
Should any of the proceedings following the procurement approval is cancelled, it is not necessary to initiate the procurement process again. The proceeding cancelled and other proceedings established following such proceeding shall be removed with all results as of the date of establishment, and the procurement process shall continue according to the requirements set forth in the resolution.
The concerned parties may raise an objecting complaint to the Authority claiming that the resolutions of Committee causing changes to the legal condition are implemented deficiently or incorrectly.

SECTION FIVE
Means of Application Against Resolutions
Clarification
Article 36- If the resolutions taken by the Contracting Entities and the Authority is not clear enough, or contain contrary provisions, each party may request clarification of the resolution or remedial of such contrariness.
The contracting entity or Authority taking such resolution shall investigate through the works, and if deemed necessary, notify one copy of the petition to the respective parties for reply within the indicated period of time.
The resolution of the contracting entity and Authority in this matter shall be notified to the respective parties.
Removal of clarification or contrariness can only be requested until the requirements set forth in the resolution are fulfilled.
Correction of Mistakes
Article 37- The correction of mistakes concerning the names, surnames, capacities and results of claims of the parties and the substantial errors in the provisions may be requested by the parties.
If it is resolved on correcting the mistakes, the correction shall be written under all resolutions issued for notification.
Duration of Objection
Article 38- The application for clarification and correction of mistakes shall not affect the duration of objecting complaints. However, if the resolutions taken upon such claims contain aspects different from the first resolution or the items that can be objected, the duration for objecting complaint shall commence again with the notification of resolution in respect of the related parties.
Legislation Abolished
Article 39- Regulation On Administrative Applications Against Procurements, which was published in the Official Gazette #24996 dd. 17/01/2003, has been abolished.

Provisional Article 1- The provisions of the Regulation published in the Official Gazette #24996 dd. 17/01/2003 shall be applied in respect of the complaint applications made prior to the date of release of this Regulation hereby.
Enforcement
Article 40- This Regulation shall enter into force on the date of release.
Execution
Article 41- The provisions of this Regulation shall be executed by the Chairman of Public Procurement Authority.

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