Exceptional procedure from the tender procedures provided in the Public Procurement Law No. 4734: Negotiated procedure

The negotiated procedure is an exceptional method employed under public procurement law in specific circumstances. Regulated under Article 21 of the Public Procurement Law No. 4734, this procedure aims to ensure the effective and prompt utilization of public resources in cases of urgent needs, technical requirements, or special conditions. Nevertheless due to its inherently less transparent and less competitive nature, the negotiated procedure poses certain challenges and risks in practice. This study examines the legal framework of the negotiated procedure in detail, analyzing its advantages, disadvantages, and the challenges encountered in its application. Notably, the lack of transparency, limited competition, and the risk of misuse emerge as the most significant issues associated with its implementation. In this context, the study proposes solutions and emphasizes the necessity of reforms at both legislative and practical levels to enhance the procedure's effectiveness. The effective use of the negotiated procedure can only be ensured within the limits prescribed by law and in a manner that maximizes public benefit. In this regard, steps such as strengthening oversight mechanisms, increasing training activities, and accelerating digitalization processes are recommended. The study emphasizes that the negotiated procedure is a critical instrument for the efficient use of public resources and the sustainability of public services.