1 Şubat 2023 tarihinden itibaren uygulamaya konulacak olan Kamu İhale Kanununa tâbi mal ve hizmet alımları ile yapım işleri için eşik değerler ve parasal limitler ilân edildi. Doğrudan temin limiti 2023 yılı ile ilgili olarak detayları yazımızın devamında bulabilirsiniz.
Parasal Limitler ile İlgili Kanuni Bilgiler
4734 Saylı Kanunun “Eşik değerler ve parasal limitlerin güncellenmesi” başlıklı 67. maddesinde “Bu Kanunda belirtilen eşik değerler ve parasal limitler bir önceki yılın Toptan Eşya Fiyat Endeksi esas alınarak Kamu İhale Kurumu tarafından güncellenir ve her yıl 1 Şubat tarihinden geçerli olmak üzere aynı tarihe kadar Resmî Gazetede ilân edilir. Ancak güncellemede bir milyon Türk Lirasının altındaki tutarlar dikkate alınmaz. Bu Kanunda belirtilen eşik değerler ve parasal limitler, olağanüstü hallerde, belirtilen tarihin dışında da Kurumun teklifi üzerine (Değişik ibare: 9/7/2018-KHK-703/171 md.) Cumhurbaşkanı kararı ile güncellenebilir.” şeklindedir.
Yine 6527 sayılı Kanunun 14. maddesi ise; “Muhtelif mevzuatta Toptan Eşya Fiyat Endeksi (TEFE) ve Üretici Fiyat Endeksine (ÜFE) yapılmış olan atıflar, Kurumca hesaplanan Yurt İçi Üretici Fiyat Endeksine (Yİ-ÜFE), tarım sektörü TEFE ve ÜFE’ye yapılan atıflar Tarım Ürünleri Üretici Fiyat Endeksine yapılmış sayılır.” şeklindedir.
Kanunda belirtilen eşik değerler ve parasal limitler, doğrudan temin limiti 2023 için değerler 01.02.2023 – 31.01.2023 dönemini kapsar ŞEKİLDE GÜNCELLENECEKTİR.
Parasal Limitlerin Güncellenmesi
Doğrudan temin limiti 2023 değerleri ile ilgili olarak yayınlanan tebliğ ve yürürlüpe giriş şekilleri şöyledir. 4734 sayılı Kamu İhale Kanunu’nda yer alan eşik değerler ve parasal limitlerin güncellenmesine ilişkin 2023/1 sayılı Kamu İhale Tebliği, 25/01/2023 tarihli ve 32084 sayılı Resmi Gazete’de yayımlanmış olup 1 Şubat 2023 tarihinde yürürlüğe girecektir.
4/1/2002 tarihli ve 4734 sayılı Kamu İhale Kanununda belirtilen eşik değerlerin ve parasal limitlerin, Türkiye İstatistik Kurumu tarafından açıklanan 2022 yılı Aralık ayı Yurt İçi Üretici Fiyat Endeksi (Yİ-ÜFE) yıllık değişim oranında (%97,72) arttırılarak güncellenmesidir.
DoğrudanTemin Limitleri
1 Şubat 2023 tarihinde yürürlüğe girecek olan doğrudan temin limitleri ile ilgili değerler ve sınırlar şu şekildedir.
Büyükşehir Doğrudan Temin Limiti 431.810 TL
Büyükşehir Olmayan Doğrudan Temin Sınırı 143.845 TL
21 inci maddesinin birinci fıkrasının (f) bendinde belirtilen sınır 1.439.543 TL
Diploma Tutarı 1.597.917,-TL
olarak belirlenmiştir.
Kamu İhale Tebliği
Konu ile ilgili olarak 2023/1 tebliğ nolu kamu ihale tebliğ aşağıdaki şekildedir.
Amaç ve kapsam
MADDE 1- (1) Bu Tebliğin amacı, 4/1/2002 tarihli ve 4734 sayılı Kamu İhale Kanununda belirtilen eşik değerlerin ve parasal limitlerin, Türkiye İstatistik Kurumu tarafından açıklanan 2022 yılı Aralık ayı Yurt İçi Üretici Fiyat Endeksi (Yİ-ÜFE) yıllık değişim oranında (%97,72) arttırılarak güncellenmesidir.
Dayanak
MADDE 2- (1) Bu Tebliğ, 4734 sayılı Kanunun 67 nci maddesine dayanılarak hazırlanmıştır.
Güncellenen hususlar
MADDE 3- (1) Bu Tebliğ ile 1/2/2023 tarihinden itibaren geçerli olmak üzere 4734 sayılı Kanunun;
a) 3 üncü maddesinin birinci fıkrasının (g) bendinde belirtilen 33.494.082,-TL (Otuzüçmilyondörtyüzdoksandörtbinsekseniki Türk Lirası) 66.224.498,-TL (Altmışaltımilyonikiyüzyirmidörtbindörtyüzdoksansekiz Türk Lirası),
b) 8 inci maddesinin birinci fıkrasının;
1) (a) bendinde belirtilen 4.004.034,-TL (Dörtmilyondörtbinotuzdört Türk Lirası) 7.916.776,-TL (Yedimilyondokuzyüzonaltıbinyediyüzyetmişaltı Türk Lirası),
2) (b) bendinde belirtilen 6.673.409,-TL (Altımilyonaltıyüzyetmişüçbindörtyüzdokuz Türk Lirası) 13.194.664,-TL (Onüçmilyonyüzdoksandörtbinaltıyüzaltmışdört Türk Lirası),
3) (c) bendinde belirtilen 146.815.969,-TL (Yüzkırkaltımilyonsekizyüzonbeşbindokuzyüzaltmışdokuz Türk Lirası) 290.284.533,-TL (İkiyüzdoksanmilyonikiyüzseksendörtbinbeşyüzotuzüç Türk Lirası),
c) 13 üncü maddesinin birinci fıkrasının (b) bendinin;
1) (1) numaralı alt bendinde belirtilen 436.830,-TL (Dörtyüzotuzaltıbinsekizyüzotuz Türk Lirası) 863.700,-TL (Sekizyüzaltmışüçbinyediyüz Türk Lirası), 873.705,-TL (Sekizyüzyetmişüçbinyediyüzbeş Türk Lirası) 1.727.489,-TL (Birmilyonyediyüzyirmiyedibindörtyüzseksendokuz Türk Lirası),
2) (2) numaralı alt bendinde belirtilen 436.830,-TL (Dörtyüzotuzaltıbinsekizyüzotuz Türk Lirası) 863.700,-TL (Sekizyüzaltmışüçbinyediyüz Türk Lirası), 873.705,-TL (Sekizyüzyetmişüçbinyediyüzbeş Türk Lirası) 1.727.489,-TL (Birmilyonyediyüzyirmiyedibindörtyüzseksendokuz Türk Lirası), 7.281.278,-TL (Yedimilyonikiyüzseksenbirbinikiyüzyetmişsekiz Türk Lirası) 14.396.542,-TL (Ondörtmilyonüçyüzdoksanaltıbinbeşyüzkırkiki Türk Lirası),
3) (3) numaralı alt bendinde belirtilen 873.705,-TL (Sekizyüzyetmişüçbinyediyüzbeş Türk Lirası) 1.727.489,-TL (Birmilyonyediyüzyirmiyedibindörtyüzseksendokuz Türk Lirası), 7.281.278,-TL (Yedimilyonikiyüzseksenbirbinikiyüzyetmişsekiz Türk Lirası) 14.396.542,-TL (Ondörtmilyonüçyüzdoksanaltıbinbeşyüzkırkiki Türk Lirası),
ç) 21 inci maddesinin birinci fıkrasının (f) bendinde belirtilen 728.072,-TL (Yediyüzyirmisekizbinyetmişiki Türk Lirası) 1.439.543,-TL (Birmilyondörtyüzotuzdokuzbinbeşyüzkırküç Türk Lirası),
d) 22 nci maddesinin birinci fıkrasının (d) bendinde belirtilen 218.395,-TL (İkiyüzonsekizbinüçyüzdoksanbeş Türk Lirası) 431.810,-TL (Dörtyüzotuzbirbinsekizyüzon Türk Lirası), 72.752,-TL (Yetmişikibinyediyüzelliiki Türk Lirası) 143.845,-TL (Yüzkırküçbinsekizyüzkırkbeş Türk Lirası),
e) 53 üncü maddesinin birinci fıkrasının (j) bendinin;
1) (1) numaralı alt bendinde belirtilen 1.456.202,-TL (Birmilyondörtyüzellialtıbinikiyüziki Türk Lirası) 2.879.202,-TL (İkimilyonsekizyüzyetmişdokuzbinikiyüziki Türk Lirası),
2) (2) numaralı alt bendinde belirtilen 2.305.178,-TL (İkimilyonüçyüzbeşbinyüzyetmişsekiz Türk Lirası) 4.557.797,-TL (Dörtmilyonbeşyüzelliyedibinyediyüzdoksanyedi Türk Lirası), 13.819,-TL (Onüçbinsekizyüzondokuz Türk Lirası) 27.322,-TL (Yirmiyedibinüçyüzyirmiiki Türk Lirası), 9.220.744,-TL (Dokuzmilyonikiyüzyirmibinyediyüzkırkdört Türk Lirası) 18.231.255,-TL (Onsekizmilyonikiyüzotuzbirbinikiyüzellibeş Türk Lirası), 27.654,-TL (Yirmiyedibinaltıyüzellidört Türk Lirası) 54.677,-TL (Ellidörtbinaltıyüzyetmişyedi Türk Lirası), 69.155.600,-TL (Altmışdokuzmilyonyüzellibeşbinaltıyüz Türk Lirası) 136.734.452,-TL (Yüzotuzaltımilyonyediyüzotuzdörtbindörtyüzelliiki Türk Lirası), 41.482,-TL (Kırkbirbindörtyüzsekseniki Türk Lirası) 82.018,-TL (Seksenikibinonsekiz Türk Lirası), 55.316,-TL (Ellibeşbinüçyüzonaltı Türk Lirası) 109.370,-TL (Yüzdokuzbinüçyüzyetmiş Türk Lirası),
f) 62 nci maddesinin birinci fıkrasının (h) bendinde belirtilen 808.172,-TL (Sekizyüzsekizbinyüzyetmişiki Türk Lirası) 1.597.917,-TL (Birmilyonbeşyüzdoksanyedibindokuzyüzonyedi Türk Lirası),
olarak güncellenmiştir.
(2) Birinci fıkrada belirtilen eşik değerler ve parasal limitlere ilişkin olarak, bir önceki dönem ile karşılaştırmalı değerler, ayrıca tablo halinde Ekte yer almaktadır.
Önceki bütçe statüleri
MADDE 4- (1) İdarelerin tabi oldukları eşik değerler ve parasal limitlerin belirlenmesinde 10/12/2003 tarihli ve 5018 sayılı Kamu Malî Yönetimi ve Kontrol Kanununun yürürlüğe girmesinden önceki bütçe statüleri göz önünde bulundurulur.
Yürürlük
MADDE 5- (1) Bu Tebliğ 1/2/2023 tarihinde yürürlüğe girer.
Yürütme
MADDE 6- (1) Bu Tebliğ hükümlerini Kamu İhale Kurumu Başkanı yürütür.
Sonuç
4734 sayılı Kamu İhale Kanunu’nda yer alan eşik değerler ve parasal limitlerin güncellenmesine ilişkin 2023/1 sayılı Kamu İhale Tebliği 25/01/2023 tarihli ve 32084 sayılı Resmi Gazete’de yayımlanmıştır. 1 Şubat 2023 tarihinde yürürlüğe girecek olan değerler ile 2023 yılı doğrudan temin limitleri belirlenmiş olacaktır. Salim Demirel ihale uzmanı olarak benzer konularda yazdığımız diğer yazılarımızı da blog sayfamızdan inceleyebilirsiniz. Ayrıca hukuki sorunlarınız için kamu ihale avukatı sayfamızı ziyaret ederek hizmetlerimizcden bilgi alabilirsiniz.


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