Is public software procurement in Türkiye a direct purchase or a tender?
For software services, the route is usually decided by the estimated cost. If the estimated cost is below the direct purchase limit, an authority may use direct purchase under Article 22(d) of Public Procurement Law No. 4734. Above the limit, it generally needs an open tender, a restricted tender or, in the cases the law lists, the negotiated procedure. If only one supplier can technically deliver the software, sub-paragraphs (a), (b) and (c) of Article 22 open a separate route.
If this is new to you, the basics are short. Public Procurement Law No. 4734 lists "software services" and "services relating to computer systems" as services in Article 4. Custom-built software, maintenance and consultancy therefore fall under the rules for service procurement. Under Article 18 there are three tender procedures: open tender, restricted tender and the negotiated procedure. Direct purchase is not a tender at all; it is a way of buying, without a public notice or a bid bond, in the cases listed in Article 22.
The monetary limits are reset every year. Public Procurement Communiqué No. 2026/1, published on 22 January 2026, updated the thresholds and limits with effect from 1 February 2026. The 2026 direct purchase limit under Article 22(d) is TRY 1,021,827 for authorities within a metropolitan municipality's boundaries and TRY 340,391 for all other authorities. These figures change every year, so check the communiqué in force before you buy.
One more rule applies from the start. Under Article 5, goods or services purchases may not be split into parts in order to stay below the thresholds. Splitting software into separate direct purchases for design, development and maintenance can therefore cause problems.
Which software purchase goes down which route?
The table below summarises the routes authorities meet most often when buying software services. The amounts are those in the communiqué that applies from 1 February 2026 and may change.
| Route | When it fits | Watch out for |
|---|---|---|
| Direct purchase, Article 22(d) | Estimated cost within TRY 1,021,827 (metropolitan) or TRY 340,391 | Splitting is banned; market price research required |
| Direct purchase, Article 22(a), (b), (c) | Only one person can meet the need | The single-source case must be justified in writing |
| Negotiated procedure, Article 21(f) | Estimated cost up to TRY 3,406,508 | Without a notice, at least three bidders are invited |
| Open tender | The general rule; purchases where competition is possible | Any bidder may bid; the slowest route |
| Restricted tender | Open tender cannot be used because of expertise or advanced technology | A pre-qualification assessment is carried out |
How is the estimated cost calculated?
Before choosing a route, the authority must work out the estimated cost. Article 9 describes it this way: the authority carries out every kind of price research, sets the estimated cost excluding value added tax and shows it, with its supporting evidence, in a calculation schedule. The estimated cost is not stated in the tender notice and is not disclosed to bidders.
For software this is not easy, because there is no ready-made unit price on the market. In practice, several methods are combined:
- Break the work into items: estimate person-days separately for analysis, design, development, testing, installation, training and maintenance.
- Collect several quotes: ask at least three suppliers for written quotes based on the same technical description.
- Use records of similar work: add your own authority's or other bodies' past purchases as evidence.
- Keep a calculation schedule: show each assumption, its source and its date, so the calculation can be traced afterwards.
The calculation is only as consistent as the scope behind it; if the scope is vague, so is the cost. Our guide to defining project scope explains what should be written down before a software or AI project starts.
How do the negotiated procedure and open tender work above the limit?
If the estimated cost exceeds the direct purchase limit, the general rule is an open tender, in which any bidder may submit a bid. The negotiated procedure can be used only in the cases listed in Article 21 of the Law. These include a failed open or restricted tender with no bids, work that needs a research and development process, work so original and complex that its technical and financial specifications cannot be defined precisely enough, and purchases with an estimated cost of up to TRY 3,406,508.
For original and complex software work, the negotiated procedure has a notable feature: bidders found qualified first submit technical proposals without prices, the commission discusses solutions with each of them, and price bids are requested once the requirements are settled. That structure looks designed for digital projects where "we do not yet know exactly what we need", but the justification must still be written and specific.
Article 63 also provides that a price advantage of up to 15 per cent may be given to domestic bidders in service procurement. Conditions of this kind must be stated in the tender documents from the start.
What steps should you follow for a direct purchase?
The law says that purchases under Article 22 do not require a tender commission or the qualification rules. The need is met by the person or people the head of the authority appoints, who carry out market price research. That simplification does not remove the need for records. The steps run like this:
- Write down the need and the scope, and prepare the technical specification with clear, measurable criteria.
- Calculate the estimated cost excluding VAT and prepare the calculation schedule.
- Compare the amount with the limit in force, and check whether your authority is within a metropolitan municipality's boundaries.
- Confirm that you have not split the purchase and have combined similar needs.
- Carry out market price research with written evidence and prepare a reasoned approval document.
- State acceptance tests, delivery time, maintenance and source code rights clearly in the contract.
When can you buy software from a single supplier?
Article 22(a) requires that the need can be met only by one natural or legal person. Sub-paragraph (b) applies when only one person holds a special right relating to the need. Sub-paragraph (c) allows purchases that are essential for compatibility and standardisation with existing goods, equipment, technology or services to be made from the original supplier, under contracts whose total duration does not exceed three years.
In software, these provisions come into play when, for example, a module of an existing product can be bought only from its vendor. "We know this company" or "they worked with us before" is not a sufficient reason. The single-source position should be documented through market research, a letter from the vendor and a technical justification, and it is sensible to have the authority's legal unit confirm the assessment.
For example: which route does a TRY 600,000 field inspection system take?
For example, an authority wants a mobile app and an admin panel to record field inspections. Using quotes from three suppliers and a breakdown of work items, it sets the estimated cost at TRY 600,000 excluding VAT. This figure is hypothetical.
- Authority within a metropolitan municipality's boundaries: TRY 600,000 is below the TRY 1,021,827 limit, so direct purchase under Article 22(d) can be considered.
- Any other authority: TRY 600,000 is above TRY 340,391, so direct purchase is out. Because it is below TRY 3,406,508, the negotiated procedure under Article 21(f) may be considered; otherwise an open tender is held.
- A module added later: if a further TRY 500,000 module is added to the same project, the total is TRY 1,100,000 and even the metropolitan limit is exceeded. Planning the need as a whole from the start is safer than trying to split it later.
What mistakes are common in public software procurement?
- Splitting a purchase into parts to stay under the limit; Article 5 does not allow it.
- Using last year's limit; the values are updated every year.
- Setting the estimated cost from a single quote without documenting it.
- Writing the specification around a particular product or brand and narrowing competition.
- Leaving acceptance criteria, maintenance term and source code rights out of the contract.
- Mixing licence, custom development and maintenance items without settling which provision each falls under.
How Hatson Tech helps
Hatson Tech supports public bodies in the preparation stage of software and AI projects: defining the need, breaking the scope into work items and writing measurable acceptance criteria. Deciding which procedure applies is the authority's job; we make the technical scope calculable and comparable. You can read more in our AI solutions for public institutions. The first meeting and discovery are free of charge, and we do not publish fixed prices because cost depends on scope.
When you compare suppliers, the questions in our guide to choosing an AI supplier can help. For current rules, see the communiqué in the Official Gazette of 22 January 2026, issue 33145, and any later amendments.