The general rule for public procurement is Public Procurement Law No. 4734. But Art. 3 of the same Law lists exemptions, and the Directorate of Communications uses two of them.
Exemption 1: 3/b - Security and Confidentiality
A separate set of Procedures and Principles is in force for procurements within the scope of subparagraph (b) of the first paragraph of Art. 3 of Law No. 4734. Its basis is subparagraph 3/b and additional Art. 11.
Scope (Art. 2): procurements of goods and services and works which the President has decided are connected with the fields of security or intelligence or must be carried out in confidence, or in respect of which special security measures must be taken during the performance of the contract under the legislation, or which relate to situations requiring the protection of the fundamental interests of state security.
The Principles Applied in 3/b - Art. 5
In addition to the basic principles in Art. 5 of Law No. 4734, the following are also taken into account:
- The protection of the national interest
- Ensuring standardisation and modernisation
- The matters required by security and confidentiality
- The principle of acting swiftly
The second paragraph also counts among the basic principles the provision of security for all classified information, documents and projects of the administration and for the places connected with them.
Exemption 2: 3/y - Promotion and Digital Transformation
The second set of Procedures and Principles rests on subparagraph 3/y and additional Art. 11 of Law No. 4734. Its purpose (Art. 1): to determine the procedures and principles to be applied in procurements of goods and services to be made at home or abroad from domestic and/or foreign natural and legal persons, relating to the activities the Directorate of Communications attached to the Presidency will carry out within the scope of the promotion of Turkey and to the activities to be carried out for the purpose of providing digital transformation and technological development.
How Is the Approximate Cost Determined? - 3/y Art. 5
Before the tender is held, a market price survey is made by applying one, several or all of the following sources without any order of priority, and the approximate cost excluding value added tax is determined:
- Prices and fees determined by public institutions and organisations
- Prices and fees of the same or similar works carried out by the administration or by public institutions, updated with the domestic producer price index
- Prices and fees obtained from domestic and foreign natural or legal persons operating in fields related to the work being procured
- Prices and fees to be found by research from persons or organisations expert in the subject
The approximate cost is shown, together with its bases, in a calculation sheet.
The Two Exemptions Compared
| Issue | 3/b | 3/y |
|---|---|---|
| Rationale | Security, intelligence, confidentiality | Promotion + digital transformation and technological development |
| Additional principles | National interest, standardisation, confidentiality, speed | The discipline of a market price survey and an approximate cost |
| Foreign contractor | Not separately emphasised in the text | Expressly domestic/abroad, domestic and foreign natural and legal persons |
| Common basis | Additional Art. 11 of Law No. 4734 | Additional Art. 11 of Law No. 4734 |
Contracted Staff
The employment of contracted staff in the public sector is governed by the Principles on the Employment of Contracted Personnel. Those Principles are a general text governing matters such as the recruitment, contract, wage, leave and termination of contract of contracted personnel within the scope of Art. 4/B of Law No. 657, and are valid for public administrations including the Directorate of Communications.
Why Does It Matter to a Journalist?
Procurements made within the scope of an exemption may not appear in the general announcement system of the Public Procurement Authority. The routes for a reporter wanting to follow that kind of expenditure: the reports of the Court of Accounts, the Directorate's activity reports and a freedom of information request.
We cover the application procedure in the application guide and the route to follow in the event of refusal in the appeal guide. Watch the limits of commercial secrets and state secrets.
Summary
The Directorate of Communications makes procurements requiring security and confidentiality within the scope of subparagraph 3/b of Law No. 4734, and procurements relating to the promotion of Turkey and to digital transformation activities within the scope of subparagraph 3/y, under separate procedures and principles. The common basis of both is additional Art. 11 of Law No. 4734. The personnel structure, in turn, has three layers: civil servants, 4/B contracted staff and permanent workers.