In accordance with the Presidential Circular numbered 2020/5 regarding the Effects of Covid-19 Pandemic to the Public Procurement Contracts published in the Official Gazette dated 2 April 2020 and numbered 31087 (the “Circular”), the applications that performance of the obligations arising from a contract became impossible temporarily or definitely, partially or wholly due to the Covid-19 pandemic will be made by the contractor to the administration, who is party to the relevant contract together with the documents evidencing the situation, regarding the contracts signed as a result of the procurements realized within the scope of the Public Procurement Law (including the exceptions) dated 04.01.2002 and numbered 4734 (the “Law”) and legislation which are exempted from the Law.
These applications will be examined by the administration within the framework of article 10 titled force majeure of the Public Procurement Contracts Law dated 05.01.2002 and numbered 4735 and other legislation provisions and the administration will obtain the evaluation of the Ministry of Treasure and Finance before making a decision.
As a result of the evaluation made by the administration, if it is determined that;
- the situation has not occurred as a result of the fault of the contractor,
- it prevents the performance of the contractor’s obligations arising from the contract and
- the contractor does not have the power to overcome the prevention,
it can be decided by the administration on an extension of term or termination of the contract.
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