New regulation on payment of price difference for public tenders

With the Presidential Decree published today in the Official Gazette, the principles related to the difference in price to be applied in the contracting of goods and services tendered in accordance with the Public Procurement Law were reformed.

Consequently, it is mandatory to include in the specifications and administrative contracts a regulation that the price difference will be calculated for all inputs for the purchase of services whose contract term exceeds 365 calendar days.

In purchases of services where the duration of the contract does not exceed 365 calendar days and the number of personnel is determined in the specifications and it is expected that the entire weekly working day will be used by the administration, a standard will be included to calculate the price. difference derived from the change in the labor rate. It was left to the discretion of the administrations to include a regulation on the calculation of the difference in price of inputs other than labor.

In addition, in other purchases of services, whose contract term does not exceed 365 calendar days, a regulation may be included on the calculation of the difference in price of all inputs, at the discretion of the administrations.

A change was made to pay or discount the price changes resulting from the increase or decrease in the service score in the contracting of diagnostic and treatment services, for which they were tendered on the points units contemplated in the Health Implementation Communication (SUT).

A change was made to use the prices published by the Energy Market Regulatory Authority (EMRA) in the calculation of the price difference for compressed natural gas (CNG) purchases.

These principles will enter into force after 10 days. (AA)