Issuance of Bank Guarantees in the Contract Process and the Takasbank Protocol

In accordance with the Turkish Public Procurement Law No. 4734, all procedures regarding the issuance and submission of guarantees required during the contract execution phase are conducted entirely through digital infrastructure. The technical details and legal framework of these processes are outlined below.

1. Scope of Application and Types of Guarantees

For tenders with an announcement or notice date of April 1, 2026, and thereafter, the following types of guarantees required during the contract performance period must be issued exclusively through the EKAPTakasbank integration: (EKAP: Elektronik Kamu Alımları Platformu / Electronic Public Procurement Platform. It is the centralized digital portal managed by the Public Procurement Authority where all public tender processes in Türkiye are conducted.) (Takasbank: Istanbul Settlement and Custody Bank. It acts as the central clearing house and digital vault for financial instruments and guarantees in the Turkish market.)

  • Supplementary Performance Bond (Ek Kesin Teminat): Guarantees required due to work increases or price difference adjustments during the project.

  • Advance Payment Guarantee (Avans Teminatı): Bank letters provided in exchange for advance payments made to the contractor.

  • Final Account Guarantee (Kesin Hesap Teminatı): Guarantees related to the final settlement or liquidation of the contract.

  • Deficiency Guarantee for Provisional Acceptance (Geçici Kabul Noksanları Teminatı): Guarantees held against potential defects or missing items identified during the provisional acceptance stage.

2. Procedures for Issuing Electronic Guarantees

To submit a bank guarantee or a surety bond electronically, the contractor and the contracting authority must follow these technical steps:

  1. Contractor Identification: The relevant Public Authority (İdare) identifies the contractor authorized to submit the guarantee for the specific contract on EKAP.

  2. Generating a Reference Number: The contractor logs into their EKAP user portal, selects the relevant İKN (İhale Kayıt Numarası / Tender Registration Number; a unique ID assigned to every public tender in Türkiye), and generates a Reference Number via the “Guarantees Menu.”

  3. Application to Financial Institutions: The contractor applies to their bank or insurance company using this Reference Number. The institution creates the guarantee digitally through this ID.

  4. Transfer via Takasbank: The issued electronic guarantee is transmitted directly to the Public Authority’s EKAP repository via Takasbank. Physical submission of paper documents is no longer accepted.

3. Compensation of Guarantees Issued in Foreign Currency

Specific rules apply to the liquidation (compensation) of guarantees issued in foreign currencies, particularly for international contracts:

  • Primary Rule: It is essential to collect the guarantee amount in the specific foreign currency stated on the document.

  • Collection in Turkish Lira (TRY): In cases where the Public Authority’s financial regulations do not permit collection in foreign currency, the amount is calculated and collected in TRY based on the Central Bank of the Republic of Türkiye (CBRT) foreign exchange selling rate valid on the date of compensation.

4. Legal Basis

These procedures are executed under the relevant Board Decisions of the Public Procurement Authority and the Regulation on Electronic Tender Applications:

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