Page 323 - Çevre Şehir İklim İngilizce - Sayı 3

Orhan Topal

equities cannot be executed through outsourcing since these are the main
activity fields of municipalities (or affiliated companies). Furthermore, the use
of funding or investment sources except for the public equities is also subject
to challenging and special authorization processes. In Türkiye, the legal time
period specified in the contracts to be drawn up in the scope of Municipal Law
No. 5393 also constitutes an additional burden on the investment costs that
must be incurred in public transportation systems and does not offer financial
profitability. For this reason, in the sense of being a social state, subsidies
and supports from public sources are provided to private enterprises for non-
profit public transportation services. Many business models specific to electric
buses applied internationally in the scope of public transportation services are
not applicable within the framework of mandatory public procurement law
applications and related regulations in Türkiye (Işık, 2022).
On the other hand, for the first time in Türkiye, following the Law No. 6518
included in the 10 Development Plan (2014-2018), it has become mandatory to
th
provide the bidders offering medium-high and high technology domestic products
with a price advantage up to 15% in the procurement of goods in the scope of
Public Procurement Law. Moreover, with the Regulation on the Implementation
of Industrial Cooperation Projects which entered into force in 2018, Industrial
Cooperation Projects were introduced for the procurement of goods and services
including the participation from industry, with the aim of ensuring innovation,
using domestic sources and technology transfer. The relevant legislation can be
included in the exceptions in the current Public Procurement Law No. 4734 in
order to encourage innovation, using domestic sources and technology transfer
in the public procurement activities as well as to improve domestic industry
through public procurement (OG, 17/02/2018, 30335).
Furthermore, two new tender application models that are conducted by
different ministries in the scope of Public Procurement Law constitute the basis
of the electric bus procurement approach discussed in this study. The first one
is the Energy Performance Contracts carried out by the Ministry of Energy and
Natural Resources within the scope of the Energy Efficiency Project in Public
Buildings in accordance with the Energy Efficiency Law No. 5627. Accordingly,
a financial mechanism is introduced, which bases on paying back the initial
investment costs of energy efficiency or renewable energy projects using the
savings to be provided in the following years through energy performance
contracts. In the relevant Energy Efficiency Law No. 5627, energy performance
contracts are defined as “A contract based on guaranteeing energy savings
to be achieved after the implementation project and paying the expenses
with the savings that will be obtained as a result of implementation” (OG,
02/06/2007, 26510). The first example was implemented here within the scope

308 Journal of Environment, Urbanization and Climate