The role of tendering system in using public resources: The proposals for amendment of Public Procurement Law no:4734

It is a necessity to use public resources in meeting the needs of public. Public sector fulfills the task of meeting the public needs by spending the authority granted to it with budget. Public procurement refers to the public expenditures made by the public sector to meet the public needs such as goods, services and works which are not produced by public sector itself. Tendering methods, which provides effectiveness and efficiency in using limited public resources with effect of competition, come to the forefront in public procurement. The sizes of public procurement, affecting global and national economies, have become a field that the norms are developed by national, international and supranational structures. In this context, public procurement are tried to be disciplined with the integration of national regulations to international and supranational norms. Public Procurement Law No:4734, the main source of our tendering system used in public procurement, entered into force in 2003 to adapt to international regulations and to respond to Turkey's demands as a developing country. The amendments made to the Public Procurement Law No: 4734 in the last 16 years have unfortunately damaged the basic principles laid down by the Law and reduced it's scope. Within this framework, the concept and use of public resources are discussed from an institutional perspective in the first part of the study. In the second part of the study, firstly the theoretical aspects of the tenders in using public resources are discussed and then Turkey's national procurement laws and international and supranational regulations in the field of public procurement were examined. In the third part, it is proposed concrete amendments that will provide the using of Public Procurement Law No:4734 more effective and more efficient from the point of it's basic principles and scope.