ACHILLES HEEL” OF PUBLIC PROCUREMENT SINGLE SOURCE

For the public; Provisions of the Public Procurement Law No. 4734 are applied for the expenditures of the administrations such as procurement, leasing, public works services, and the provisions of the State Procurement Law No. 2886 for the expenditures of the administrations such as selling and leasing. The Public Procurement Law No. 4734 was accepted by the Turkish Grand National Assembly on 4.1.2002 and entered into force as of 1.1.2003. The law, which aims to make public expenditures more efficient, has undergone many changes in the process. The Public Procurement Law No. 4734 envisaged 3 methods as “Open Tender”, “Restricted Procedure “ and “Negotiation” as tender procedures. Contrary to popular belief, “Single Source Procurement” and “Design Contest” are not organized as a direct tender procedure. Direct Procurement In the Public Procurement Law No. 4734; It was created in order to ensure that the needs are met without an announcement and without a guarantee. Direct procurement method; In cases where the need can only be met by a real or legal person, where the real or legal person has a special right to the need, The purchase of goods and services that are obligatory in order to ensure compatibility and standardization with the existing goods, equipment, technology or services, within the boundaries of the metropolitan municipality Accommodation, travel and subsistence purchases by the administrations under certain monetary limits, purchasing or renting immovable property suitable for the needs of the administrations, purchasing medical consumables, test and examination consumables, which are not economical to stock due to its characteristics and the necessity to use it within a certain period, or to be used in emergencies, international Service procurements to be made from Turkish or foreign lawyers or attorney partnerships in cases related to disputes to be resolved through arbitration and various legal disputes, procurements originating from the law of the Turkish Employment Agency, meeting the needs of the Supreme Election Board We come across a wide range of services ranging from watermarked ballot paper and watermarked ballot paper purchase, ballot printing, voting envelope making services to the purchase of all kinds of election materials for these elections, to overseas election expenditures. According to the Public Procurement Monitoring Report published by the Public Procurement Authority, the total cost of public procurement made through direct procurement in 2021 reached 13,193,476.000 TL. The number of direct procurement purchases was 544,913. Of the purchases made through this direct supply, 67.88% of them are for the purchase of goods, 2.97% for the construction work, 29.07% for the service procurement and 0.08% for the consultancy services. In the international texts regulating public procurement in Continental Europe, there are procedures that meet the direct procurement in terms of content. The main ones of these international texts are; UNCITRAL Model Law, Procurement Directives of the European Union No. 2014/24/EU, 2014/25/EU, 2014/23/EU, 2009/81/EU, State Procurement Agreement (GPA) regulations. In the aforementioned international regulations, there is a method formulated as “Single Source Procurement” in general and can be used in situations that are considered as constraints. In this study, the direct procurement method in public procurement is explained. In this context, first of all, the direct procurement provisions in the Public Procurement Law No. 4734 and the historical change process were examined. By comparing the Direct Procurement method with the Single Source Procurement method in international regulations regulating public procurement, various suggestions for the future are listed. Keywords:

Public Procurement, Single Source Procurement, Public Procurement Law, UNCITRAL Model Law, European Union Procurement Directives.