The Decree No 703 Amending Certain Laws and Decrees for the Purposes of Compliance with the Amendments to the Constitution has been published in the 9th July 2018 third repeating Official Gazette. The Decree brings about various transitional amendments to existing legislation, intended to complete Turkey's transition into a new bespoke presidential government system.
This has enabled the possibility of adopting a presidential decree with the goal of identifying the scope of work of the contractor regarding the facilities to be established or operated within the scope of Healthcare PPP Projects; the exceptional works variation procedure for Healthcare PPP Projects, where contracts have been executed before the 9th of July of the present year.
It is understood that usually, a contractor would be entitled to compensation related to any increase to its previously agreed scope of work and such changes to compensation could, in theory, be argued to constitute as an amendment to initial tender conditions raising a number tough administrative law questions. As a way to avoid this, project agreements regarding Healthcare PPP Projects typically incorporate a monetary threshold to ensure that aggregate variations would not exceed a certain percentage of the total investment amount at any stage.