Standart Administrative Specification for the Works - ANNEX 4

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ANNEX: 4
STANDARD ADMINISTRATIVE SPECIFICATION FOR THE WORKS PROCUREMENTS THROUGH THE RESTRICTED TENDER PROCEDURE

I -   SUBJECT MATTER OF PROCUREMENT AND MATTERS CONCERNING SUBMITTING TENDERS

Article 1- Information About the Contracting Entity
1.1. Contracting Entity's;
a)  Name  :.................................................................................................
b)  Address:...
c)  Phone Number:...
d)  Fax Number:...
            e)  E-mail:..................................................................................................
f)  Name- Surname/ Title of the Contact Person: ....................................................................

1.2. The tenderers may get information about the procurement by contacting the contact persons from the addresses and numbers given above.

Article 2- Information about the subject work of procurement
Works, which constitute the subject matter of the procurement;
a)   Name:...
b)   Investment project no/code:.................................................................................................
c)   (Physical) Quantity and type:...............................................................................................
d)   Place of performance:...
e)   Other information (if any) about the works: ....................................................

Article 3- Information About the Procurement
Information about the procurement;
a)  Procurement procedure: Restricted Tender Procedure
b)  Address of procurement:...
c)  Date of procurement:...
d)  Time of procurement:...
e)  Place of meeting of the Tender Commission: .....................................................

Article 4- Reviewing and obtaining the tender document
4.1. The tender document may be reviewed at the address specified below free of charge. However, those who shall submit their tenders for the procurement shall be liable to purchase the tender document approved by the Contracting Entity.
a)The place where the tender document can be reviewed:......................................................
b)The place where the tender document can be purchased:.....................................................
c)Sales price of tender document (including tax if any): ..........................................

4.2. The tender document shall be provided along with a memorandum indicating the documents in the content. The tenderer shall check whether the documents comprising the tender document are true copies and the documents are complete. The Contracting Entity shall receive the declaration of the tenderer indicating that he has received all true copy documents comprising the tender document with a signature affixed on the said memorandum.

4.3. The tenderer shall be deemed to accept the conditions and rules within the tender document by purchasing the said document.

4.4. (Annex: 08/06/2004 – 25486 Official Gazette / Art. 51) If the papers comprising the tender document are issued and sold to the tenderers in other languages besides Turkish, the Turkish text shall be taken as basis in understanding and interpretation of the tender documents as well as the disputes that may arise between the Contracting Entity and tenderers.

Article 5- The place where the tenders shall be submitted, deadline date and time of submitting tenders
5.1. The place where the tenders shall be submitted, deadline date and time of submitting tenders;
a)  The place where the tenders shall be submitted:...................................................................
b)  Deadline date of submitting tenders (date of procurement):.....................................
      c)  Deadline time of submitting tenders (time of procurement):....................................

5.2. The tenders shall be submitted to the place specified above until the (deadline) date and time of submitting tenders or sent via registered and prepaid mail. The tenders that are not received by the Contracting Entity until the (deadline) time of procurement shall not be taken into consideration.

5.3. The tenders submitted to or received by the Contracting Entity shall not be returned for any reason other than for issuing addendum in accordance with Article 15 of this Specification hereby.

5.4. In the event that the date determined for the procurement is holiday, the procurement shall be held on the next business day at the time specified above at the same place, and the tenders submitted up to that time shall be accepted.

5.5. The procurement shall be held at the time specified above in the event that working hours change later.

5.6. National time setting of Turkish Radio Television Authority (TRT) shall be taken as basis for time settings.

Article 6- Scope of tender document
6.1 The tender document comprises of the following documents:
a)Administrative Specification
b)Technical Specifications Covering the Project of Work
c)Draft Contract
d)General Specification for Works
e)    Standard forms:
   .......................................................................
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6.2. In addition, addenda to be published by the Contracting Entity as well as the written clarifications to be made by the Contracting Entity upon the written request of the tenderers shall be an integral part of the tender documents in accordance with the relevant provisions of this Specification hereby.

6.3. The tenderer shall be liable to carefully review the content of all document listed above. The tenderer shall be liable in the event that the tenderer does not fulfill the requirements for submitting the tender. The tenders that are not in compliance with the procedure stipulated and described in the tender document shall not be taken into consideration.
II- MATTERS CONCERNING PARTICIPATION IN PROCUREMENT

Article 7- Documents and qualification criteria required for participation in procurement
7.1. The tenderers are required to submit the following documents within their tenders in order to be able to participate in the procurement:
   a) Declaration of address for notification as well as phone and, if any, fax number and e-mail address for contact,
   b) Certificate of Chamber of Commerce and/or Industry or Profession registered as per the legislation;
   1) In the event that the tenderer is a physical body, the certificate received within the year when the first announcement with regard to the procurement is made and indicating registration to the Chamber of Commerce and/or Industry or Profession,
   2) In the event that the tenderer is a corporate body, the certificate received from the registered Chamber of Commerce and/or Industry within the year when the first announcement with regard to the procurement is made and indicating the registration of the corporate body,
   c) Signature statement or signature circular indicating the authority of the tenderer to submit tender,
   1) Signature statement certified by the notary public in the event that the tenderer is a physical body,
2) Original or notarized copy of Trade Registers Gazette indicating the shares of the shareholders of the company and their position within the company or the documents evidencing such issues as well as the signature circular of the corporate body certified by the notary public in the event that the tenderer is a corporate body,
d) (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 52) Written letter of commitment evidencing that the tenderer is not in the cases listed under items (a), (b), (c), (d), (e), (g) and (i) of Article 10 of this Specification hereby.
e) Tender Letter, form and content of which are described in the Specification,
f) Bid bond described in this Specification hereby,
g) Qualification Certificates specified in Sub-articles (7.2) and (7.3) of the Specification, and form and content of which are stipulated in Regulation on Implementation of Works Procurements,
h) If the tenderer is represented in the procurement, the power of attorney indicating that the representative is authorized to submit tender for and on behalf of the tenderer and signature statement certified by the notary public,
i) In the event that the tenderer is a joint venture, the joint venture statement or consortium declaration, form and content of which are described in the Specification hereby,
j) List of the works, which the tenderers intend to assign subcontractors in the event that it is specified in Article 19 of the Specification hereby,
k) Certificates set forth in the Regulation on Implementation of Works Procurements evidencing that the tenderer is "a domestic tenderer" if so specified in Articles 8 and 36.4 of this Specification,
l) Certificate indicating that the tender document has been purchased,
m) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 52) The certificates indicated in the last paragraph of Article 34 of Regulation on Implementation of Works Procurements if it is required under "VI- MISCELLANEOUS PROVISIONS" of this Specification,
n) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 52) Letter of commitment stating that  the work experience certificate shall not be made available to another corporate body if the work experience submitted by the tenderer, who is a corporate body, belongs to the shareholder of the same corporate body holding more than half of the shares,
o) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 52) The declaration concerning the corporate bodies, of which the tenderer is partner or shareholder,
(Amended: 08/06/2004 – 25486 Official Gazette / Art. 52) In the case of joint ventures, the physical or corporate bodies comprising the joint venture shall be liable to submit the documents listed under items (b), (c), (d), (k) and (o) separately.
(Last paragraph: Abolished pursuant to 08/06/2004 – 25486 Official Gazette/ Art. 52)
7.2. The documents required for the economic and financial qualification and the criteria that these documents have to meet1
7.2.1-...
7.2.2-...
7.2.3-...
...
7.3. The documents required for the professional and technical qualification and the criteria that these documents have to meet.
7.3.1-...
7.3.2-...
7.3.3-...

7.4. The works that will be accepted as similar works are specified below2:
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7.5. ..................................................................................................................3
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7.6. Way of Submitting Documents (Amended: 08/06/2004 – 25486 Official Gazette / Art. 52)
7.6.1- The Tenderers shall be required to submit the originals or notarized copies of the documents listed above.
7.6.2- The notarized documents have to bear the expression "this is a true copy" certifying the true copy of the original document, otherwise the documents certified in witness of copies of photocopies of the same with the expression "this is the same copy of the document issued" or any expression with the same meaning shall be rejected.

7.6.3- The Tenderers may also, instead of originals, include into their tenders the copies bearing the expression "Original copy seen by the Contracting Entity" or any expression with the same meaning after the Contracting Entity sees the same prior to the procurement.

7.6.4- The documents except for the ones listed under Article 7.6.4.1 hereunder that will be submitted by the domestic or foreign tenderers have to be issued according to the legislation of the respective country and approved by the Consulate of the Republic of Turkey in the country where it is issued or the Turkish Ministry of Foreign Affairs. However, official documents issued from the countries that are party to the Convention on Abolishing the Obligation to Certify Foreign Official Documents and included in the scope of Article 1 of this convention shall be exempted from the approval of the Consulate of the Republic of Turkey in the country where it is issued or the Turkish Ministry of Foreign Affairs provided that they bear the "Apostille" seal. Provided that there is an agreement or convention containing provisions that require certain proceedings in respect of certifying the signature, seal or stamp on the documents between the Republic of Turkey and any other state or states, the approval of documents issued from such countries shall be subject to the provisions of this agreement or convention.

7.6.4.1....................................................................3 3.1

7.6.5- In the event that the Turkish translations of the documents are required in this Specification, translations of official documents issued abroad as well as the documents listed in the tender document by the Contracting Entity have to be approved by the Consulate of the Republic of Turkey or the Turkish Ministry of Foreign Affairs. Translations of documents that bear the seal of Apostille as well as the translations of documents that are not required to be approved by the Consulate of the Republic of Turkey or the Turkish Ministry of Foreign Affairs must be rendered by the sworn translators and notarized.

7.6.6- The documents and translations thereof issued by the certification bodies accredited by the national accreditation bodies included in the International Accreditation Forum for Mutual Recognition Agreement shall be exempted from the approval by the Consulate of the Republic of Turkey in the country where it is issued or the Turkish Ministry of Foreign Affairs provided that it is confirmed with a letter obtained from the Turkish Accreditation Authority that such bodies have been duly accredited according to the international rules.

Article 8- Openness of procurement to foreign tenderers4
...
.........   ...
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Article 9- Those that cannot participate in the procurement
9.1. Those listed below shall in no way be able to participate in the Procurement directly or indirectly, or as a subcontractor for themselves or on behalf of third persons;
   a) Those that are prohibited temporarily or permanently to participate in public procurements as per Laws No. 4734 and 4735, and provisions of other laws, and those charged with the offenses within the scope of Anti-Terrorism Law No. 3713 and organized crimes.
b) Those that have gone into false bankruptcy as determined by the relevant authorities.
c) Authorized persons of the Contracting Entity in procurement and those persons employed in the boards having such authority.
d) The persons in charge of preparing, executing, concluding and approving any procurement procedures in relation to the work which is the subject of this procurement.
e) Wives and close relatives up to third generation as well as relatives–in–law up to second generation,  adopted children of the persons and those who adopted them, specified in paragraphs (c) and (d).
f) Partners and companies of the persons specified in paragraphs (c), (d) and (e) (excluding the incorporated companies in which such persons are not within the Board of Directors or do not have more than 10% of the capital).
g) Tenderers of the foreign countries determined pursuant to the resolutions of the Council of Ministers as per sub-item 8 of paragraph (b) of Article 53 of Law No. 4734.

9.2. The contractors that provide consultation works in relation to the works, which constitute the subject of the procurement, shall not be able to participate in the procurement. This prohibition shall be applicable for the companies in partnership and management affiliation as well as the companies, which hold more than half of the capital of such companies.

9.3. Furthermore, any bodies such as foundations, associations, unions and fund under the body of the Contracting Entity or established for any reason related to the Contracting Entity as well as the companies partner to these organizations cannot participate in the procurement.

9.4. The tenderers that participate in the procurement irrespective of these prohibitions shall be disqualified from the procurement and the respective bid bonds shall be registered as revenue. Furthermore, if the contract is awarded without determining the case at the stage of evaluation of tenders submitted, the relevant performance bond shall be registered as revenue and the procurement shall be cancelled.

Article 10- Reasons of disqualification from the procurement
The tenderers that are in the following cases shall be disqualified from the procurement if such situations are determined;
a) Tenderers that go into bankruptcy, that are in the process of dissolution, whose transactions are executed by a court, that declare concordat, that suspend works or that are in similar situations as per the legislative provisions applicable in their own countries.
b) Tenderers whose bankruptcy has been declared, for whom compulsory dissolution is resolved, that are under the management of a court due to their debts to the creditors or that are in similar situations as per the legislative provisions applicable in their own countries.
c) Tenderers that have any outstanding debt due to social security premiums as per the legislative provisions of Turkey and those applicable in their own countries.
d) Tenderers that have any outstanding debt due to taxes as per the legislative provisions of Turkey and those applicable in their own countries.
e) Tenderers that are charged with any offense due to their professional activities within five (5) years prior to the date of procurement.
f) Tenderers that are proved to act against business or professional ethics during the performance of works for the authority which holds the procurement within five (5) years prior to the date of procurement.
g) Tenderers that are prohibited against any professional activity by the registered chamber as per the relevant legislation as of the date of procurement.
h) Tenderers that do not furnish the data and documents specified in this Article or that furnish misleading data and/or counterfeit documents.
i) Tenderers that participate in the procurement even though they are prohibited to participate in the procurement pursuant to Article 9 of the Specification.
j) Tenderers that are determined to enter into prohibited deeds and actions as specified in Article 11 of the Specification.

Article 11- Prohibited acts and behaviors
11.1. It is prohibited to enter into the following acts and behaviors in the procurement process:
a) To plot mischief or attempt to do so in procedures related to the procurement through trick, promise, threat, use of influential forces, false competition, agreement, corruption, bribe or other means.
b) To drift the tenderers into hesitation, to hinder participation, to offer or encourage agreements with the tenderers, to enter into actions affecting competition or resolution of the Tender Commission.
c) To issue, use counterfeit documents or guarantees, and attempt to such actions.
d) To submit more than one tender personally or by proxy directly or indirectly for himself/ herself or on behalf of others apart from the cases of submitting alternative tenders.
e) To participate in the procurement even though the tenderer is prohibited to participate as per Article 9 of the Specification.

11.2. Tenderers that enter into the said prohibited acts or behaviors shall be subject to the provisions in Chapter Four of Law No. 4734 according to the nature of such act and behavior.

Article 12- Tender preparation expenses
All costs arising from the preparation and submittal of tenders shall be borne by the tenderers. The Contracting Entity shall in no way be liable to such costs undertaken by the tenderer irrespective of the progress and conclusion of the procurement.

Article 13- Visiting the place of work
13.1. It shall be under the responsibility of the tenderer to obtain all necessary information to visit the place and surrounding areas of the work, make inspections, prepare tenders and enter into contracts. All costs arising from visiting the place and surrounding areas of work shall be borne by the tenderer.

13.2. Visiting the place of work, the tenderer shall be deemed to have information about the type and nature of work, climatic conditions, the activities and the quantity and type of materials to be used as necessary for performance of the work, access to the workplace and the necessary items to establish the site in respect of cost and time, and to learn everything necessary in relation to the risks that may affect the tender, extraordinary cases and similar issues.

13.3. The contracting entity shall allow the people to access to the building and/or land where the work shall be carried out when such a request is made for visiting the place of work.

13.4. In evaluation of tenders, it shall be assumed that the tenderer has visited the place of work and prepared the tender accordingly.

Article 14- Clarification in the tender document
14.1. The tenderers shall be able to request a clarification to be made with regard to the points they need in the tender document with a written application until twenty (20) days prior to the deadline date of submitting tenders at the stage when the tenders are prepared. The requests for any clarification following this date shall not be taken into consideration.

14.2. In the event that the request for such a clarification is approved, the clarification by the Contracting Entity shall be sent to all tenderers  that purchase the tender document until the said date with a registered and prepaid letter or delivered personally against signature. This written clarification by the Contracting Entity shall be made to ensure that all tenderers are informed at least ten (10) days prior to the deadline date of submitting tenders.

14.3. The clarification shall cover the description of the problem and detailed answers of the Contracting Entity. The identity of the tenderer that requests for a clarification shall not be disclosed.

14.4. The written clarifications shall be given to the tenderers who receive the tender document after the day when the clarification is made within the tender document.

Article 15- Amendment to tender document
15.1. It is essential that there is not any amendment to the tender document following the announcement of procurement. However, in the event that substantial or technical mistakes or deficiencies that may adversely affect the preparation of tenders or performance of works are determined by the Contracting Entity or notified written by the tenderers, an amendment may be made to the tender document by issuing an addendum.

15.2. The said addendum shall be sent to all tenderers who purchase the tender document in writing via a registered and prepaid letter or delivered personally against signature, and the tenderers shall be ensured to be notified at least ten (10) days prior to the date of procurement.

15.3. In the event that additional time is needed to prepare tenders due to such an amendment, the Contracting Entity may postpone the date of procurement for maximum twenty (20) days only once with an addendum. It shall be continued to sell the tender documents and receive the tenders during the term of postponement.

15.4. In the event that an addendum is issued, the tenderers that submit their tenders before such an amendment shall be enabled to withdraw their former tenders and submit their new tenders.

Article 16- Freedom of the Contracting Entity to cancel the procurement before the time of procurement
16.1. When deemed necessary by the Contracting Entity or in the event that the points which hinder the procurement and impossible to remedy are determined in the tender document, the procurement may be cancelled before the time of procurement.

16.2. In this case, the cancellation of the procurement shall be notified to the tenderers indicating the reason of such cancellation. The tenderers that submit their tenders up to that time shall also be informed about the cancellation of the procurement.

16.3. In the event that the procurement is cancelled, all submitted tenders shall be deemed rejected and such tenders shall be returned to the tenderers without opening them.

16.4. The tenderers shall not be entitled to claim any right against the Contracting Entity due to the cancellation of the procurement.

Article 17- Joint ventures
17.1. More than one physical body or corporate body shall be able to submit tenders for the procurement through establishing a joint venture.

17.2. Tenderers that shall submit tender for the procurement through establishing a joint venture shall submit a Joint Venture Statement, an example of which is enclosed, in which the pilot partner within the joint venture is specified, together with the tender.

17.3. In the event that a joint venture is awarded the Contract, the respective joint venture shall be requested to submit the joint venture contract certified by a notary public before signing the Contract.
17.4. The Joint Venture Agreement (Joint Venture Statement) and Contract shall include the provision that physical bodies and legal entities comprising the joint venture shall be liable jointly and successively to perform the contract.

17.5. The pilot partner shall have the majority of shares in the joint venture. The percentage of share of the partners shall be indicated in the Joint Venture Agreement (Joint Venture Statement) and contract.

Article 18- Consortiums5
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Article 19-Subcontractors6
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III. MATTERS CONCERNING PREPARATION AND SUBMITTAL OF TENDERS

Article 20- Type of tender and contract7
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...

Article 21- Language of tender8
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Article 22- Currency applicable for tenders and payments9
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Article 23-Way of submitting tenders
23.1. All documents including the Tender Letter and bid bond required in this Specification as a condition to participate in the procurement shall be put into an envelope (or package). Name, surname or trade title of the tenderer, full address for notification, the work related to the tender and full address of the Contracting Entity holding the procurement shall be written on this envelope. The adhesive part of the envelope shall be signed, sealed or stamped by the tenderer.

23.2. The tenders shall be submitted to the Contracting Entity (the office where the tenders shall be submitted) in return for receipts with order numbers until the time of the procurement stipulated in the tender document. The tenders submitted after this time shall not be accepted, but returned to the tenderer without opening them.

23.3. Tenders may be submitted by registered and prepaid mail as well. The tenders sent by mail shall reach to the Contracting Entity until the time specified in the tender document. The receiving time of the tenders which shall not be put into effect due to delays in mail shall be written into a minute and shall not be taken into consideration.

23.4. The tenders submitted shall not be returned and replaced for any reason other than the case of issuing an addendum according to the provisions of this Specification hereby.

23.5. In the event that the duration of submitting tenders is extended with an addendum, all rights and liabilities of the Contracting Entity and tenderers with regard to the former date of submitting tenders shall be deemed extended until the new deadline date of submitting tenders determined again.

Article 24- Form and content of tender letter
24.1. The tender letters shall be submitted in writing and duly signed in accordance with the sample form enclosed.

24.2. With regard to the Tender Letter;
a) It must specified that the tender document is fully read and accepted,
b) The tender price must be written clearly and consistently both in figures and in words,
c) There must not be any scraping, erasure and correction on it,
d) The Tender Letter must be signed by the authorized persons by indicating their names, surnames or trade titles.

24.3. Tender letters of tenderers that submit tenders as a joint venture are required to be signed by all members of the joint venture or persons duly authorized to submit tenders.
   
Article 25- Validity duration of tenders10
25.1. The validity duration of tenders shall be at least ............. calendar days following the date of procurement. The tender letters, which are indicated to have shorter validity duration, shall not be taken into consideration.

25.2. If necessary, the Contracting Entity may request the tenderers to extend the validity period to the maximum extent specified above before the existing validity period expires. The tenderers may accept or reject this request of the Contracting Entity. The bid bond of the tenderer that rejects the request of the Contracting Entity with regard to extension of the validity period shall be returned.

25.3. The tenderers that accept such a request shall be liable to adapt their bid bond to the new validity period and provisions of bid bond in all aspects without changing the conditions of the tender and the contract.

25.4. Requests and answers to this effect shall be made in writing, sent by registered and prepaid mail or delivered personally against signature.

Article 26- Costs included in the tender price
26.1. Any kind of tax, levy, charge and similar expenses as well as the traveling, transportation and insurance expenses that the tenderers shall pay as per the pertinent legislation during the implementation of contract shall be included in the tender price.

26.2. In the event that any increase occurs in the expenses provided in article (26.1.) or similar costs arise, it shall be assumed that the tender price meets such increases or differences. The contractor cannot make any claim for the said increases and differences.

26.4. However, the Value Added Tax (VAT) payable when the price of the work, which is the subject of the contract, shall be paid separately to the contractor by the Contracting Entity in accordance with the relevant legislation.

Article 27- Bid Bond
27.1. The tenderers shall provide bid bonds at the rate to be determined by them, but not less than 3% of the tender price. The tenderers that provide less than 3% of the tender price shall be disqualified from the evaluation.

27.2. In the event that the tenderer is a joint venture, the partners may provide bid bonds at the rate of their share, and bid bond may be paid by one or some of the partners provided that the total amount is not less than the minimum amount of bid bond.

27.3. The duration must be specified in guarantee letters issued by banks as bid bonds. This duration shall be determined by the tenderers, but not less than thirty (30) days from the validity period of tender.

27.4. The tenders submitted without any acceptable bid bond shall be disqualified from the evaluation since the requirements of the Contracting Entity are not met.
   
Article 28 – Values accepted as bid bond
28.1. The values that shall be accepted as bid bonds are as follows:
a) Turkish Lira in currency,
b) Letters of Guarantee issued by banks and private financial organizations,
c) State Domestic Borrowing Notes issued by the Treasury Undersecretariat and certificates issued in lieu of these notes.

28.2. Those notes issued including the interest in the nominal value of the notes and certificates issued for these notes as specified in item (c) shall be accepted as a guarantee over the sales value corresponding to the principal.

28.3. Letters of Guarantee issued by foreign banks that are allowed to act in Turkey as per the relevant legislation and the Letters of Guarantee issued by the banks in Turkey with counter-guarantee of banks or similar loan organizations acting outside Turkey shall be accepted as a guarantee.
   
28.4. In the event that Bank Letter of Guarantee is issued, scope and form of the said Bank Letter of Guarantee shall comply with the principles set forth by the Public Procurement Authority. Letters of Guarantee issued on contrary to the aforesaid principles shall not be accepted as a guarantee.

28.5. The guarantees may be replaced with other values accepted as a guarantee (bid bond).

28.6. The guarantees received by the Contracting Entity shall in no way be sequestrated and attached with interim injunction.

Article 29- The office where the bid bonds shall be submitted
29.1. Bank Letters of Guarantee shall be submitted to the Tender Commission inside the tender envelopes.

29.2. The guarantees other that the Bank Letters of Guarantee must be furnished to the Accountancy or Directorates of Accounting, and the receipts thereof must be submitted inside the tender envelopes.
   
Article 30 – Returning bid bonds
30.1. The Letters of Guarantee belonging to the tenderer that is awarded the contract and the second tenderer that is the most advantageous in economic terms shall be delivered to the Accountancy or Directorates of Accounting after the procurement. Bid bonds of the other tenderers shall be returned immediately.

30.2. The bid bond provided by the tenderer that is awarded the contract shall be returned after the provision of the required performance bond and concluding the contract.

30.3. In the event that a contract is concluded with the tenderer that is awarded the contract, the guarantee of the second tenderer that is the most advantageous in economic terms shall be returned just after signing the contract.

30.4. The bid bond shall be returned to the tenderer or the authorized representative personally against signature.

IV- MATTERS CONCERNING EVALUATION OF TENDERS
AND CONCLUDING THE CONTRACT
Article 31 – Receiving and opening the tenders
31.1. The tenders shall be submitted to the Contracting Entity (the office where the tenders shall be submitted to) until the deadline time of submitting tenders indicated in this Specification hereby.

31.2. The procurement shall be cancelled when the number of tenderers that submit tenders as a result of invitation is less than three (3). In this case, this shall be notified to the ones that have submitted tenders by indicating the reason of such cancellation. If the procurement is cancelled, all tenders submitted shall be deemed rejected and such tenders shall be returned to the tenderers without opening the same. The tenderers may not claim any right from the contracting entity owing to the cancellation of procurement.

31.3. The following procedure shall be applicable for receiving and opening the tenders by the Tender Commission;

31.3.1. The number of tenders submitted until the deadline time of submitting tenders shall be written into a minute by the Tender Commission, and it shall be announced to the participants and then procurement shall immediately be held.
   
31.3.2. The Tender Commission shall review the tender envelopes in order of receipt. Name, surname or trade title, full notification address of the tenderer, the work referred by the tender, full address of the Contracting Entity holding the procurement on the envelope as well as the signature and seal (or stamp) of the tenderer on the adhesive part of the envelope shall be checked in this review. The envelopes that do not meet the said requirements shall be written into a minute, and shall not be taken into consideration.

31.3.3. The envelopes shall be opened in order of receipt in front of the participants together with the tenderers. It shall be checked whether the documents of the tenderers are complete, and the tender letters and the bid bonds are in compliance with the described procedure. The tenderers whose documents are deficient or whose tender letters and bid bonds are not in compliance with the described procedure shall be written into a minute.

31.3.4. The tenderers and the tender prices shall be announced. The minutes related to these procedures shall be signed by the Tender Commission.

31.3.5. The rejection or acceptance of any tender shall not be decided, and the documents comprising the tender shall not be corrected and completed at this stage. The session shall be closed for the Tender Commission to evaluate the tenders immediately.

Article 32- Evaluation of Tenders
32.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 53) In evaluation of the tenders, it shall firstly be decided that the tenders of the tenderers whose documents are incomplete or whose tender letters and bid bonds are not in compliance with the procedure pursuant to Article 31.3.3 of this Specification hereby shall be disqualified from the evaluation process.

32.1.1. In the event that the documents that must be submitted within the tender envelope as per this Specification and the annexes that must be provided pursuant to the related legislation are not furnished by the tenderers, such deficient documents and annexes thereto shall not be completed.

32.1.2. However,

a) In the event that there is lack of information that does not have an effect to change the basis of the tender in the documents submitted except for the requirements that must be met statutorily in respect of the bid bonds and tender letters, the documents to remedy such lack of information;

b) The documents to remedy the lack of information that has the effect to cause hesitation concerning the content of the document and arising from the authorities, agencies or persons that issue the documents except for the compulsory factors that these documents must bear in the documents submitted by the tenderers and issued other authorities, agencies or persons shall be completed within the due time.

32.1.3. If the documents submitted by the tenderers within the period provided in respect of completing the lack of information are issued on a date later than the date of procurement, these documents shall be accepted if the tenderer evidences that he meets the requirements of participation as of the date of procurement.

32.2. The tenders of the tenderers, whose documents are complete and whose tender letter and bid bond are in compliance with the procedure as a result of the first review and such procedures, shall be evaluated in detail.

32.2.1. It shall be checked whether the capacity of the tenderers is in compliance with the qualification criteria and tenders are in accordance with the conditions specified in the Tender document at this stage. The tenders of the tenderers that do not comply with the said requirements shall be disqualified from evaluation.

32.2.2. It shall be checked whether there is any arithmetic error in statements enclosed to the tender letters submitted by the tenderers at the final stage.

32.2.3. In the event that an arithmetic error is determined in multiplication and sum within the statements enclosed to the tender letters indicating the tender prices, the arithmetic errors shall be discretionally corrected by the Tender Commission on the basis of unit prices offered by the tenderers. The tender found as a result of such correction shall be accepted as the principal tender of the tenderer and the matter shall immediately be notified in writing to the tenderer.

32.2.4. The tenderer shall be liable to notify in writing within five (5) days following the date of the aforesaid notification whether he accepts the corrected tender or not. In the event that the tenderer notifies that he does not accept the corrected tender or does not reply within this duration, then the tender shall be disqualified from evaluation and the bid bond furnished shall be registered as revenue.

Article 33 – Requesting the tenderers to clarify their tenders
33.1. The Contracting Entity may request the tenderers to explain their tenders with regard to unclear points in order to review, compare and evaluate the tenders upon the demand of the Tender Commission.

33.2. This clarification shall not be requested to change the tender price or to comply the defective tenders with the requirements indicated in the tender document, and shall not be used to this effect.

33.3. The request for clarification of the Contracting Entity and the replies of the tenderer to this request shall be in writing.

Article 34 – Abnormally low tenders
34.1. After the Tender Commission evaluates the tenders submitted as per Article 32 of this Specification hereby, it shall determine the abnormally low tenders according to the other tenders or the approximate cost determined by the Contracting Entity. The Tender Commission shall demand from the tenderers to submit the significant components and relevant details in the submitted tender in writing within the period determined before rejecting such tenders.

34.2. The Tender Commission shall evaluate the abnormally low tenders with regard to the written clarifications by documenting;
a) The cost – effectiveness of the construction process and method;
b) Technical solutions selected and the advantageous conditions that shall be used by the tenderer in performance the works;
c) Exclusivity of the works.

As a result of this evaluation, the tenders of the tenderers whose clarifications are not deemed satisfactory or that do not make any written clarification shall be rejected.   

Article 35 – Freedom of Contracting Entity to reject all tenders and cancel the procurement
35.1. The Contracting Entity shall be free to reject all tenders and cancel the procurement upon the resolution of the Tender Commission. The Contracting Entity shall not have any liability due to the cancellation of all tenders.

35.2. In the event that the procurement is cancelled, the situation shall immediately be notified to all tenderers.

35.3. Furthermore, the Contracting Entity shall notify the reasons of the cancellation of the procurement to all tenderers if any of the tenderers requests to this effect.

Article 36 – Determination of the most advantageous tender in economic terms
36.1. The most advantageous tender in economic terms shall be determined on the basis of the lowest price submitted in this procurement11.

36.2. In the events that the same price is proposed by more than one tenderer and such prices constitute the economically most advantageous tenders, the most advantageous tender in economic terms shall be determined by evaluating the "work experience certificates" as the criterion other than price.

36.3. If it is stipulated that tenders can be submitted in Turkish Lira and/or other currencies as per Article 22 of this Specification, the tenders shall be evaluated by converting the price offered into the currency taken as basis for payment over the foreign exchange rate or cross rate published by the Central Bank of the Republic of Turkey on the date of procurement.

36.5. Application of price advantage in favor of domestic tenderers: ....................................12
................................................................................................................................................................................................................................................
   
Article 37- Award of procurement
37.1. The tenderer that submits the most advantageous tender in economic terms shall be awarded the contract as a result of evaluation made according to the provisions of this Specification hereby.

37.2. The Tender Commission shall make its resolution with reasons thereof and submit to the contracting officer for approval.
   
Article 38 – Approval of the procurement award
38.1. The Contracting entities shall check whether the tenderer who is awarded the contract is prohibited from taking part in the procurements through the Public Procurement Authority prior to approval of the contracting officer and annex the document to this effect to the procurement award.

38.2. The Contracting Officer shall approve the procurement award within five (5) business days at the latest following the date of award or cancel the award by indicating the reasons thereof.

38.3. The procurement shall be deemed valid if the award is approved, and invalid if it is cancelled by the Contracting Officer.

Article 39 – Notification of final procurement award
39.1. The result of the procurement shall be notified to all tenderers including the tenderer that is awarded the contract that submit tenders for the procurement, against signature or via registered and prepaid mail sent to their notification addresses within maximum three (3) days following the approval of the procurement award by the contracting officer. The seventh (7th) day following the mailing date shall be assumed as the notification date of the procurement award.

39.2. In the event that the tenderers participating in the procurement whose tenders are not taken into consideration or not found suitable make a written request within five (5) days following the date of notification, the Contracting Entity shall notify the reasons within five (5) days following the date of such a request.

39.3. In the event that the procurement award is cancelled by the contracting officer, the tenderers shall again be notified in the same way.

Article 40 – Invitation for concluding the contract
40.1. In the event that the notification period as per Article 39.2 of this Specification hereby expires or visa by the Ministry of Finance is required, the tenderer that is awarded the contract shall be invited to sign a contract via a registered and prepaid mail within three (3) days following the notification to the effect that such a visa is issued. The seventh (7th) day following the mailing date shall be assumed as the notification date of the award to the tenderer. Twelve (12) days shall be added to this duration for the foreign tenderers.
   
40.2. This notification may also be made to the tenderer in the Contracting Entity against signature.

40.3. The tenderer shall be liable to sign the contract by providing the performance bond within ten (10) days following the notification date of this invitation.

Article 41 – Performance bond
41.1. The tenderer that is awarded the contract shall be liable to provide performance bond at an amount corresponding to 6% of the procurement amount before concluding the contract.

41.2. In the event that the tenderer that is awarded the contract is a joint venture, the partners may provide performance bonds at the percentage of their share, and the total amount of performance bond may be paid by one or some of the partners.

Article 42 – Duty and responsibility of the tenderer in concluding the contract
42.1. (Amended: 08/06/2004 – 25486 Official Gazette / Art. 54) The tenderer that is awarded the contract shall be liable to sign the contract by furnishing the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 as well as the performance bond within the period as stipulated under Article 40.3 of this Specification hereby. The bid bond shall be returned immediately after the contract is signed.

42.1.1. (Annex: 08/06/2004 – 25486 Official Gazette / Art. 54) The foreign tenderers shall submit the equivalent documents evidencing that they are not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 of this Specification according to the legislation of their respective countries. If there are not equivalent documents within the frame of legislation binding the tenderer or it is not possible to issue such documents, they shall submit the written statements to this effect. However, this shall be confirmed by the mission chiefs in Turkey of the country of nationality of the foreign physical body or where the head office of the company of the foreign corporate body is seated or the mission chiefs in such countries of the Republic of Turkey.

42.2. If these requirements are not met, the bid bond of the tenderer that is awarded the contract shall be registered as revenue without sending a protest letter and order by a court.

42.3. Furthermore, the tenderer that does not conclude a contract according to the applicable procedures apart from force majeure even though the said tenderer is awarded the contract shall be prohibited to participate in any procurements held by all public authorities and bodies as stipulated in the relevant Law for a period between six months and one year as per Article 58 of Law No. 4734.

Article 43 – Notification to the second most advantageous tenderer in economic terms
43.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 55) In the event that the tenderer that is awarded the contract does not provide the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 as well as the performance bond or does not sign the contract, then the contract may be concluded with the second most advantageous tenderer in economic terms if it is found suitable by the contracting officer. In this case, it shall be checked if the second most advantageous tenderer in economic terms is prohibited and shall be required to submit the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 as per Article 38.1 prior to the approval by the contracting officer.

43.2. The said tenderer shall be notified in accordance with the provisions of Article 40 of this Specification hereby.

43.3. In the event that the second most advantageous tenderer in economic terms does not sign the contract, the bid bond of the said tenderer shall be registered as revenue, and the procurement shall be cancelled.

43.4. Furthermore, the tenderer that does not conclude a contract according to the applicable procedures apart from force majeure even though the said tenderer is the second most advantageous tenderer in economic terms shall be prohibited from participating in any procurement held by all public authorities and bodies as stipulated in the relevant Law for a period from six months to one year as per Article 58 of Law No. 4734.
 
Article 44 – Duty and responsibility of the Contracting Entity in concluding the contract
44.1. The tenderer may defer from his commitment provided that the said tenderer notifies the situation to the Contracting Entity with a written notice issued by the Notary Public for a period of ten (10) days within maximum five (5) days following the expiry of the period stipulated in Article 40.1. of this Specification hereby in the event that the Contracting Entity does not fulfill its obligation with regard to concluding the contract.

44.2. In this case, the bid bond of the said tenderer shall be returned and the said tenderer shall be entitled to claim the documented costs incurred to provide such bid bond.

Article 45 – Concluding the procurement with contract
45.1. The share of Public Procurement Authority shall be invested to the accounts of the said Authority before the contract is signed if the contract price exceeds the amount specified in sub-item (1) of paragraph (j) of Article 53 of Law No. 4734.

45.2. The contract prepared by the Contracting Entity in accordance with the conditions specified in the tender document shall be signed by the contracting officer and the Contractor.

45.3.................................................................................................................13.........................................................................................................................

45.4. In the event that the Contractor is a joint venture, the contract shall be signed by all partners of the joint venture.

45.5. Taxes, levies and charges concerning the execution of Contract shall be borne by the Contractor.

V – MATTERS CONCERNING IMPLEMENTATION OF CONTRACT

Article 46- Place and terms of payment
46.1. The progress payments of the contractor shall be effected by the Accountancy/ Accounting Office of .............................

46.2. The provisions concerning the progress payments, accrual, deductions and payments are included in the draft contract.

46.3. The contractor has to spend the appropriations specified in the contract for the works for the construction and/or preparation works in compliance with the work program.

46.4. If the contractor carries out more work than the work program not exceeding the contract amount, the amount of such excessive work shall be paid within the boundaries of appropriations.

46.5. The annual portions of appropriations planned for this work are as follows:

   YEARS            APPROPRIATIONS (%)
   ...............................      ...............................
   ...............................      ...............................
   ...............................      ...............................

Article 47- Advance payment, conditions and amount14
The advance payment ........................................................ during the performance of contract.
The percentage of advance payment shall be ...................................... of the contract amount.

Article 48- Terms of price difference payment and calculation15
The price difference ..................................................................... to the contractor.

Article 49- Date of work commencement and completion
49.1. The work shall commence within ................... (in figures and words) ....................... calendar days following the notification of the proceed to work to the contractor or the address indicated for notifications by the Contracting Entity following the execution of the contract (in respect of works subject to registration by Court of Accounts, following such registration).

49.2. The duration of work shall be ..................... (in figures and words) ....................... calendar days following the hand-over of the site.

49.3. The days when works cannot be carried out as per Article 50 of this Specification have been taken into account in calculation of this period. The contractor cannot claim extension of time on the grounds that he has not carried out works during such time.

Article 50- Days when the works cannot be performed
The days when the works cannot be performed scientifically shall be during ............................

Article 51 – Cases and conditions for extension of duration
51.1. Time extension shall be granted in the following cases that are accepted as force majeure:
a) Natural disasters.
b) Legal strikes.
c) General epidemics.
d) Announcement for partial or general mobilization.
e) Other cases determined by the Public Procurement Authority if necessary.

51.2. The cases listed above shall be accepted as force majeure and the extension of time shall be possible provided that such cases;
a) Shall not be caused owing to any defect attributable to the Contractor,
b) Shall have the nature to hinder the performance of the contract,
c) The contractor shall not have sufficient power to eliminate this hindrance,
d) The contractor shall notify the Contracting Entity in writing within twenty (20) days following the date of occurrence of force majeure,
e) Shall be documented by the authorized bodies.

51.3. Furthermore, in the event that the Contracting Entity does not fulfill the contractual obligations (delay in delivering the worksite, approval of the projects, lack of appropriations etc.) set forth in the contract and General Specification for Works within the stipulated duration without any default of the contractor, and any delay occurs with reasons not caused by the contractor, and the work is not completed in time, the situation shall be reviewed by the Contracting Entity upon the request by the contractor provided that this hinders the performance of the contract and the contractor does not have sufficient power to eliminate the hindrance, and the Contracting Entity may extend the time for a part of or whole work according to the nature of the work.
   
Article 52- Increased works, decrease and dissolution of work that may be performed within the scope of contract:
52.1. If increase in the extent of the work is obligatory due to the reasons not foreseen, provided that;
a)It is within the scope of the project taken as basis for the contract,
b)It is not possible to separate from the actual work technically and economically without imposing any cost to the Contracting Entity,
the Contracting Entity shall be authorized to assign the additional work to the same Contractor pursuant to the provisions set forth in the contract and tender document except for the duration within the percentage up to 10% of the contract amount in respect of the works that are procured on turnkey lump sum, and up to 20% of the contract amount in respect of the works that are procured on unit price.

52.2. If it is revealed that the work cannot be completed under such circumstances, the account shall be settled according to the general provisions without any increase. However, in this case, the contractor shall be liable to perform the whole work according to the provisions of the tender document and contract.

52.3. If it is revealed that the work can be completed with a price less than 80% of the contract price, the contractor shall be obliged to complete the works. In this case, the contractor shall be paid 80% of the contract price and 5% of the price difference between the contract prices and the amount of work performed in return for the actual expenses incurred and profit of the contractor.

52.4. The increases and decreases in the volume of work within the scope of the contract shall be subject to the relevant provisions of the contract in respect of the obligations of the Contracting Entity and contractor.

Article 53 – Penalties applicable for delays16
53.1. If the whole work under contract cannot be completed within the period set forth in the related contract, the delay penalty shall be deducted by ......................... (in figures and words) .......... of the contract amount for each calendar day delayed.

53.2. If the part of work under contract cannot be completed within the period set forth in the related contract, the delay penalty shall be deducted by ......................... (in figures and words) .......... of the contract amount for each calendar day delayed.

Article 54- Insuring the work and workplace
The contractor has to arrange "all risk" insurance for any kind of tools, materials, preparations, working and service machinery, vehicles, plants and the parts of works completed at the site as effective from the date of commencement to work until the date of acceptance according to the properties and nature of them against the natural disasters such as earthquakes, floods, landslides, storms and fires as well as the risks such as robbery and sabotage within the framework of the provisions set forth in the General Specification for Works.

Article 55 – Terms of inspection, examination and acceptance
55.1. The inspection and acceptance of the works under the contract shall be performed in accordance with the provisions set forth in the draft contract and the General Specification for Works.

55.2. The provisions set forth in Article 56 of this Specification and draft contract as well as the General Specification for Works shall be applicable for the partial acceptances.

Article 56- Partial acceptance of works17
Partial acceptance of the work under the contract .............................................................
........................................................................................................................

Article 57- Settlement of disputes
57.1. All disputes arising during the process until the contract is executed and enforced shall be settled by Administrative Judiciary provided that rules related to the request for review in Article 54 and the subsequent Articles of Public Procurement Law No. 4734 are reserved.

57.2. The relevant provisions stipulated in the contract of work shall be applicable for any dispute arising from the implementation of the contract.

VI- MISCELLANEOUS PROVISIONS 18