Published in the Official Gazette of the Republic of Turkey, dated 09/03/2013 and numbered 28582, Law No. 6428 entails Ministry of Health to use Public – Private Partnership (PPP) model for construction and renovation of facilities, and procurement of services. Full title of the law is: “Sağlık Bakanlığınca Kamu Özel İş Birliği Modeli ile Tesis Yaptırılması, Yenilenmesi ve Hizmet Alınması ile Bazı Kanun ve Kanun Hükmünde Kararnamelerde Değişiklik Yapılması Hakkında Kanun”. Text can be reached through Resmî Gazete.
The purpose of this Law is to determine the procedure and principles; by tender with regards to private law provisions; in the framework of public private partnership model; for the Ministry of Health and its subsidiaries; in the framework of preliminary project, pre-feasibility report and essential standards to be specified; on real estates which are at the property of the Treasury, excluding the fixed investment period which is defined at the contract not more than 30 years, by founding independent and permanent superficies; having done the construction of facilities that are needed and provision of renovation for the existing ones; and for the procurement of these projects’ consultancy, research and development services and getting some services which require high technology or huge financial resources.
The Law comprises of 27 articles and its provisions are executed by the Council of Ministers. Duties and transactions to be done based on this Law’s provisions are not subject to the “State Bidding Law, (Law No. 2886)” and “Public Procurement Law, (Law No. 4734)”. Law also contains provisions about ‘Treasury guarantees and debt undertakings’ and ‘use of derivative instruments for the financing operations’ in the cases that are set out.
Ergun UNUTMAZ, 11/03/2013