The condition is different in the new Procurement Law. In many of the procurement the preparation is by means of using the sources in the most efficient way, bringing quality aspect to the first plan and preventing improprieties and providing &  increasing equal competition fields; where a pity in some of the procurements the condition can be just the contrary. Especially law no. 4734, the item 20 which determines the Procurement Style Among Determined Enthusiastics and, b article of item 21, used for Urgent Procurements, cause to form suspicions about the procurements. Some of the administrations are requiring conditions that are not anticipated by the law in order to participate the procurement, even some are requiring the source codes of the software [It is a pity that the Law no. 5846 of Thought & Work of Art (FSEK), doesnt contain an item to prevent this].

            It is obvious that; the institution that possess the procurement will most benefit from the procurements when competent companies participate in the procurements. Besides, the participant companies are asked for documenting their qualifications (completion, guarantee etc).  Instead, it will be more usefull if ISO and TSE certificates that will provide the quality of both the product and the company, to be requested since it will direct the companies toward quality. Requests of proving to be served to a University Hospital or having completed cabling and documenting such studies will not be usefull for the institutions in fact (It is a fact that if the institutions will seperate the procurement of Hardware and Software –what is more, infrastructure and network implementations- they will have more chance of working with qualified proffessionals). Obtaining open procurements that all companies may participate will provide; buying the best product to a proper price, increase the competence conditions, and forwarding companies to produce more qualified products. This will be for the benefit of both the sector and the Country.

            It is also another obstacle; the requirement of software source codes for the conditions of  competence. It will be understandable of requiring the source codes if the software is produced for the procurement in question. However, handing over the source codes to the procuring management, prevents the companies that spent long term studies on improving software. It should be considered that, within Ministry of Health, it is well known that, the improved software project for Hospitals are being used by at least two companies which have very few labour on the subject. The way of preventing of the codes being captured by the rivals of the code producer company is open for discussion since previously the codes cannot be claimed by the project management.

            Observation of these type of procurement with the related Ministries, besides adding items to the Law of Thought & Work of Art (FSEK) related to source codes, will be more usefull for both the companies that participate in the procurements and the institutions.