Procurement Risk:
Very High
Score:
20/100
Government Policy
Q57
13/100
Does the country have legislation covering defence and security procurement with clauses specific to corruption risks, and are any items exempt from these laws?
View Question
This indicator is not assigned a score in the GDI. The Turkish Public Procurement Law (the Law) is the principal document regulating defence procurement…
Explore
Among the laws listed above, all of which constitute the legislative framework for defence procurement in Turkey: – Law No. 4734 on Public Procurement…
Explore
Interviewee 3 emphasised that, as demonstrated by major and therefore highly political procurements, such as the procurement of S-400 systems from Russia, the general…
Explore
Q58
33/100
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
View Question
The Turkish Public Procurement Law is the principal document regulating defence procurement in Turkey [1]. Article 3(b) of the law refers to: – goods,…
Explore
It is not possible for a person in Turkey to obtain information about the whole defence procurement process, which, according to Article 2 of…
Explore
Interviewee 6 suggested that the defence procurement cycle outlined in indicator 58A is observed as regulated. However, he said that the biggest deficiency in…
Explore
Q59
8/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
View Question
As explained above, the absence of any legislative nominal/formal oversight mechanisms, such as parliamentary commissions that theoretically conduct oversight of procurement, or civil society…
Explore
It should be noted that, as emphasised in Q2, Turkish parliament has two commissions related to the defence and intelligence sectors and these commissions…
Explore
All interviewees unanimously suggested that there are no legislative procurement oversight mechanisms that could force the presidential palace and the Ministry of Defence to…
Explore
As explained in the ‘Political Risk’ section, Turkey has the OYTEP (On Yillik Tedarik Plani – the 10-Year Procurement Plan) which guides the preparation,…
Explore
Interviewee 3 suggested that all defence procurements may be classified into three categories [1]: 1. Those at the service command (Army, Navy and Air…
Explore
In relation to the procurements presented above, Interviewee 3 suggested the following: – Some of the first-category procurements/bids (around 30%) are occassionally made public…
Explore
As emphasised above, for procurements in the first category, some calls/bids are made public [1]. For procurements in the second category, all calls for…
Explore
Capability Gap and Requirements Definition
Q62
0/100
What procedures and standards are companies required to have – such as compliance programmes and business conduct programmes – in order to be able to bid for work for the Ministry of Defence or armed forces?
View Question
As explained before, all public procurements in the field of defence/security are conducted in line with Law No. 4734 on Public Procurement [1] and…
Explore
This indicator is marked ‘Not Applicable’ because there are no policies which require anti-corruption standards in defence procurement contracts. Interviewee 6 suggested that, for…
Explore
Q63
8/100
Are procurement requirements derived from a national defence and security strategy, and are procurement decisions well-audited? Are defence purchases based on clearly identified and quantified requirements?
View Question
In terms of major procurement projects: given that the top document in Turkey’s defence procurement, the 10-year Procurement Document (OYTEP) is ‘cosmic top secret’,…
Explore
There is neither legislative nor civil society scrutiny conducted over multi-million-dollar defence/security purchases. Interviewee 3 suggested that all major SSB-run projects are currently under…
Explore
Interviewee 4 suggested that the Ministry of Defence does at least base its procurements on clearly identified requirements for the small procurements under the…
Explore
Tender Solicitation, Assessment and Contract Award
Q64
13/100
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
View Question
In terms of open competition, we once again need to differentiate between those defence procurements that are small in cost and conducted by the…
Explore
According to Interviewee 3, when it comes to the major defence procurements conducted by the SSB, oversight agencies have no power to question single/sole…
Explore
Q65
31/100
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
View Question
Interviewee 4 suggested that officials who are involved in designing tender specifications or in tender board decisions are subject to regulations or codes of…
Explore
Section 2 of Law No. 4734 on Public Procurement [1] regulates procurement and prequalification notices and the issuance of tender documents and details the…
Explore
Interviewees 3 and 4 suggested that regulations and codes of conduct for tender boards are only partially transparent [1,2]. Open-source research suggests that the…
Explore
Chapter 3 of the Law on Public Procurement, which is about the Public Procurement Authority, Review of Complaints and Settlement of Disputes, clearly explains…
Explore
Q66
50/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
View Question
As explained above, Chapter 3 of the Law on Public Procurement, which covers the Public Procurement Authority, Review of Complaints and Settlement of Disputes,…
Explore
Chapter 4 of the Law on Public Procurement, which regulates the Prohibitions and Criminal Liability in public procurement, is the primary legislative framework that…
Explore
According to Interviewee 3, claims and cases relating to tenders for major projects in defence/security are investigated superficially, or receive ‘show’ hearings in which…
Explore
Interviewee 4 suggested that procurement officials are occasionally trained to identify collusion patterns and report potential malpractice. He emphasised that there are courses at…
Explore
Contract Delivery and In-Service Support
Q67
19/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
View Question
According to Article 52 of the Law on Public Procurement, in all public tenders, the technical evaluation criteria, which cover both economic and financial…
Explore
According to Interviewee 3, contract modifications post award are mostly publicly available when/if people who are interested apply to the local contracting office in…
Explore
As explained before, the Public Procurement Law provides a good legislative mechanism enabling the Public Procurement Authority to monitor all public tenders, including those…
Explore
Interviewee 4 suggested that most breaches of contract at the service command level are either dealt with internally or raised with higher management in…
Explore
Q68
50/100
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
View Question
The Law on Public Procurement has a special chapter about this issue entitled ‘CHAPTER 3: Public Procurement Authority, Review of Complaints and Settlement of…
Explore
Interviewee 4 emphasised that the complaints mechanisms available to companies for minor projects are working very well and that the whole complaint mechanism works…
Explore
According to Article 54 of Law on Public Procurement, which regulates applications against the tenders, upon receipt of the applications, a reasoned decision is…
Explore
As emphasised before, Article 58 of the Law on Public Procurement, entitled ‘Prohibition from Participation in Tenders’, regulates corruption and integrity-related issues in public…
Explore
As seen in the Law on Public Procurement, the tender boards are, in legislative terms, very strong decision-making bodies, with the authority to process…
Explore
Interviewees 5 and 6 suggested that, for those small tenders conducted by the Ministry of Defence under the category of ‘Urgent or Operational Needs’,…
Explore
Offset Contracts
Q70
0/100
When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?
View Question
Interviewee 4 suggested that there is no specific law regulating offset contracts but there are some regulations issued by the SSB [1]. He emphasised…
Explore
Interviewee 4 suggested that there is not a state body or department within the Ministry of Defence formally imposing due diligence services on decision-makers,…
Explore
The framework documents regulating offset contracts are the SSB’s Offset Regulation (2007) and the SSB’s Offset Guidelines (2011) [1,2]. Article 12 of the SSB’s…
Explore
Interviewee 4 suggested that the SSB provides some details of offset contracts and programmes to the defence industry firms and sectoral chambers, such as…
Explore
Interviewee 4 emphasised that there is no regulation/tradition of procurement offices conducting reporting and delivery obligations at all [1]. Interviewee 6 suggested that even…
Explore
Given the lack of substantial evidence on this issue, this indicator is not scored and is marked ‘Not Enough Information’. Since offset contracts are…
Explore
Given the lack of conclusive evidence on this issue, this indicator is not scored and is marked ‘Not Enough Information’. According to Interviewee 4,…
Explore
Agents / Brokers
Q73
NEI/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
View Question
Interviewees 3 and 4 suggested that there are some controls over the use of agents and intermediaries, as regulated in the Law on Public…
Explore
Given the lack of conclusive evidence on this issue, this indicator is not scored and is marked ‘Not Enough Information’. Interviewee 6 suggested that,…
Explore
Financing Package
Q74
0/100
Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
View Question
As observed through open-source research into major defence procurements, such as the S-400 air and ballistic defence systems, the Altay tank project, the armed…
Explore
Seller Influence
Q75
NS/100
How common is it for defence acquisition decisions to be based on political influence by selling nations?
View Question
This indicator is not assigned a score in the GDI. As explained across this assessment, Erdogan’s presidential palace is the top decision-maker on defence/security…
Explore
This indicator is not assigned a score in the GDI. All interviewees unanimously asserted that, as seen in the cases of S-400 acquisition, Turkey’s…
Explore
This indicator is not assigned a score in the GDI. Interviewee 6 suggested that everything is currently for domestic political gain in Turkey, meaning…
Explore