Standart Administrative Specification for the Consultancy services - ANNEX 3

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ANNEX: 3
STANDARD ADMINISTRATIVE SPECIFICATION FOR THE CONSULTANCY SERVICES PROCUREMENTS THROUGH THE RESTRICTED TENDER PROCEDURE

I -   SUBJECT MATTER OF PROCUREMENT AND MATTERS CONCERNING THE SUBMITTAL OF 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
Consultancy services, which constitute the subject matter of the procurement;
a)   Name:...
b)   Code, if any:...
c)   Physical quantity and type:...................................................................................................
d)   Place of performance:...
e)   Other information (if any): ..........................................................................

Article 3- 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- The Place Where The Tenders Shall Be Submitted, Deadline Date and Time Of Submitting Tenders
4.1. 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):....................................

4.2. The tenders shall either 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.

4.3. 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.

4.4. 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.
4.5. The procurement shall be held at the time specified above in the event that working hours change later.

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

Article 5- Scope of tender document
5.1 The tender document comprises of the following documents:
a)Administrative Specification
b)Draft Contract
c)   ......................................................................1
   .....................................................2

5.2. 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.

5.3. 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 6- Documents required for participation in procurement (Amended: 08/06/2004- 25486 Official Gazette/ Art. 46)
6.1. Letter of invitation to the procurement shall be sent to the candidates that are included in the shortlist as per Article 49 of the Public Procurement Law #4734 as a result of the evaluation of prequalification and the candidates that are requested to submit tenders in this way 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) Signature statement or signature circular indicating the authority of the tenderer to submit tender,
   - Signature statement certified by the notary public in the event that the tenderer is a physical body,
- 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,
   c) Certificate of Chamber of Commerce and/or Industry or Profession registered as per the legislation;
   - 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,
   - 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,
d) 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,
e) Tender Letter, form and content of which are described in the Specification,
f) Bid bond if specified in Article 27 of this Specification hereby,
g) 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 Law #4734 (KIK029.0/D).
h) Declaration concerning the corporate bodies, which the tenderer is shareholder, and the capital companies, which the tenderer holds more than half of the capital according to whether the tenderer is a physical or corporate body (KIK029.4/D).
i) Letter of commitment stating that that the work experience certificate shall not be made available to another corporate body if the work experience is required (KIK029.3/D).
j) In the event that the tenderer is a joint venture, the joint venture statement, form and content of which are described in the Specification hereby (Standard Form KIK030.0/D) and the consortium declaration, form and content of which are specified in this Specification hereby.
k) List of the works, which the tenderers intend to assign subcontractors in the event that it is specified in Article 18 of the Specification hereby.
l) Certificates set forth in the Regulation on Implementation of Consultancy Services Procurements evidencing that the tenderer is domestic if so specified in Articles 7 and 8 of this Specification.
m) The documents that must be drawn up and submitted in compliance with the enclosed Technical Tender Forms in order to be able to evaluate the technical tenders.

1) The tenderers shall submit their technical tenders within the "Technical Tender Forms" including the similar works, which have been accepted perfect by the contracting entity, as realized by the tenderer by minimum 70% of the contract amount or supervised or managed by minimum 50% for the services for the public or private sector at home or abroad within the last five years in order to demonstrate their special service experiences in the work, which constitutes the subject matter of procurement, or works of similar quality and scale (Standard Form KIK054.0/D). With regard to the joint ventures, the partners constituting the joint venture shall submit these forms separately.

2) The tenderers shall submit a report explaining the operation plan and method (methodology) as well as project management and organizational structure, which they propose for the work to be procured, within the technical tenders (Standard Form KIK054.1/D).

3) The tenderers have to submit the "Organizational Plan" proposed for the management and organization of work as well as the time schedule concerning the key personnel and the "Work Schedule" indicating the working plans within their technical tenders (Standard Form KIK054.3/D, KIK054.4/D).

4) The tenderers shall declare the executive staff and technical personnel proposed for the work to be procured, their positions, terms of experience and office within the "Technical Tender Forms", which constitute part of the technical tender (Standard Form KIK054.2/D). Curriculum vitaes of the proposed personnel (Standard Form KIK038.0/D), notarized diplomas or certificates of graduation and the certificates indicating the period of experience and that they are working within the organization of tenderer shall be attached to this declaration. Notarized letter of commitment has to be submitted for the personnel to be provided under commitment.

n) ................3

In the case of joint ventures, each partner shall be liable to submit the documents listed under items (b), (c), (g), (h), (i) and (l) separately.

6.2. Way of Submitting Documents
6.2.1- The tenderers have to submit the originals or the notarized true copies of the documents required in their tenders. In respect of these documents, the notarized originals of the work experience certificates indicating the work experience in the work, which constitutes the subject matter of procurement, or similar works shall be submitted to the contracting entity by the tenderer that is awarded before the approval of contracting officer.
6.2.2- 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.

6.2.3- 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.

6.2.4- The documents except for the ones listed under Article 6.2.4.1 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.

6.2.4.1....................................................................3.1

6.2.5- 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.

Article 7- Openness of procurement to foreign tenderers4
...

Article 8- Application of price advantage in favor of domestic tenderers5
........................................................................................................................

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 Public Procurement Law No. 4734 and Public Procurement Contracts Law No. 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 an 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-paragraph 8 of paragraph (b) of Article 53 of Public Procurement Law No. 4734.

9.2. The contractors that provide consultation services in relation to the services, which constitute the subject of the procurement, shall not be able to participate in the procurement of this work. 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. 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. 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;
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 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 the last five 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 by 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- Getting information about the subject matter of procurement
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, and 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. Since it shall be assumed that the tenderer has visited the place of work, they have to prepare their tenders on the basis of this assumption.

Article 14- Clarification about 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 written clarification by the Contracting Entity shall be sent to all tenderers included in the shortlist with a registered and prepaid letter or delivered personally against signature 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. However, the identity of the tenderer that requests for such clarification shall not be disclosed.

Article 15- Amendment to tender document
15.1. It is essential that there not be 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 are sent the letters of invitation along with 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.

15.4. In the event that an addendum is issued, the tenderers that submit their tenders before such an addendum shall be allowed 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 be informed about the cancellation of the procurement separately.

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.

17.6..............................................................................................................6

Article 18-Subcontractors7
..........................................................................................................................

III. MATTERS CONCERNING PREPARATION AND SUBMITTAL OF TENDERS

Article 19- Type of tender and contract8
........................

Article 20- Language of tender9
.................................................................................................................................................
   
Article 21- Currency applicable for tenders and payments10
.........................................................................................................................

Article 22- Partial tenders11
...

Article 23- Costs included in the tender price
23.1. .........................................................12
23.2. .........................................................13
23.3. In the event that any increase occurs in the expenses provided in articles (23.1.) and (23.2) or similar costs arise, it shall be assumed that the tender price meets such increases or differences.

23.4. The Value Added Tax (VAT) payable during the stage of payment 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 24- Way of submitting tenders
24.1. Documents constituting the tender

a) (Amended: 08/06/2004- 25486 Official Gazette/ Art. 47) The tender to be drawn up by the tenderer shall contain the following documents:

1) Financial tender

Tender letter and enclosed financial tender forms
Bid bond (if required)

2) Technical tender

Other documents and technical tender listed in Article 6.1 of this specification except for the tender letter and bid bond (standard forms KIK038.0/D, KIK054.0/D, KIK054.1/D, KIK054.2/D, KIK054.3/D, KIK054.4/D).

b) The tender letter containing the price offered for the consultancy services, which constitute the subject matter of procurement, and the enclosed financial tender forms as well as the bid bond, if required, shall constitute the financial tender of the tenderer. This tender shall be put inside an envelope by writing "Financial Tender" on it.

All other documents required in the tender document for technical evaluation shall constitute the technical tender of the tenderer. This tender shall be put inside a separate envelope or package by writing "Technical Tender" on it.

The name, surname or trade title, full notification address and the work related to the tender shall be written on both envelopes. The adhesive parts of the envelopes shall be signed, sealed and stamped.

The envelope for the financial tender and the envelope or package for the technical tender shall be brought together and put inside a separate envelope or package. The name, surname or trade title, full notification address and the work related to the tender and the full address of the contracting entity shall be written on this envelope or package. The adhesive part of the envelope or package shall be signed, sealed and stamped by the tenderer.

24.2. 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 and returned to the tenderer without opening them.

24.3. Tenders may be submitted by registered and prepaid mail. 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.

24.4. 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.

24.5. 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 deadline date of submitting tenders determined again.

Article 25- Form and content of tender letter
25.1. The tender letters shall be submitted as written and signed in accordance with the sample form enclosed.

25.2. 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.

25.3. 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 26- Validity duration of tenders
26.1. The validity duration of tenders shall be at least .............14 calendar days following the date of procurement. The tender letters, which are indicated to have shorter validity duration, shall not be taken into consideration.

26.2. 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.

26.3. 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.

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

Article 27- Bid Bond15
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 the following:
a) Turkish Lira in currency,
b) Letters of Guarantee issued by banks and private financial organizations,
c) State Domestic Borrowing Notes exported by the Treasury Secretariat and certificates issued in lieu of these notes.

28.2. Those notes exported by 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 in incompliance with the aforesaid principles shall not be accepted as a guarantee.

28.5. The guarantees may be replaced with other values accepted as a guarantee.

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 financial 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 financial 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. (If it is specified that performance shall not be received before the contract in Article 42 titled "Performance Bond" of this specification, it shall not be required to furnish the performance bond.)

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, opening and evaluating the tenders
31.1. 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. If the number of tenders is less than three, the procurement shall not be held. The Tender commission shall review the tender envelopes in receiving order. 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 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.

31.2. The envelopes shall be opened in order of receipt in front of the participants together with the tenderers. The envelopes concerning the technical tenders are opened and it shall be checked whether the documents required are submitted completely or not, and this shall be written into the minutes. The envelopes concerning the financial tenders shall be written into the minutes and packaged, sealed, signed and stored collectively by the tender commission without opening the same. At this stage, any amendment shall not be made to the documents constituting the tender, and the deficient documents, if any, shall not be completed, and the session shall be closed for evaluating the tenders immediately without deciding on the rejection or acceptance of any tender.

31.3. (Amended: 08/06/2004- 25486 Official Gazette/ Art. 48) Firstly, it shall be checked whether all documents of the tenderers taken as basis for the technical evaluation are issued in accordance with the requirements or not by the tender commission. The tenders of the tenderers, whose documents are incomplete or fail to meet the requirements as found in the first session as per Article 31.2 of this Specification, shall be disqualified.

31.3.1. (Annex: 08/06/2004- 25486 Official Gazette/ Art. 48) If the documents that are required to be submitted within the technical tender envelope within the tender document and any of the annexes that are compulsory to be attached to such documents as per the pertinent legislation are not submitted by the candidates, such deficient certificates and annexes thereto shall not be completed.

31.3.2. (Annex: 08/06/2004- 25486 Official Gazette/ Art. 48) 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, 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.

31.1.3. (Annex: 08/06/2004- 25486 Official Gazette/ Art. 48) 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.

31.4. As a result of such preliminary evaluations and proceedings, the technical grades of the tenderers whose documents are complete and in compliance with the procedure shall be determined according to the technical evaluation criteria and grades set forth in the tender document. The tenders of tenderers that receive grades below the minimum technical grade indicated in the tender document shall be disqualified.

31.5. The tenderers whose documents are incomplete or that do not meet the requirements shall be notified in writing that they shall be disqualified and the financial tenders shall be given to them or their representatives at the date and time of opening the financial tenders without opening the same.

31.6. The evaluation shall be made in two stages including the Technical and Financial Stage. Firstly Technical and then Financial Tender shall be evaluated. The weighting ratio given to the technical and financial tenders is as follows:

Coefficients of Weight for Technical and Financial Grades:
Coefficient of Weight for Technical Grades= .......................16
Coefficient of Weight for Financial Grades= ........................17
Total                  = 1.00

Article 32 – Requesting the tenderers to clarify their tenders
32.1. The Contracting entity may request the tenderers to clarify their tenders with regard to unclear points in order to review, compare and evaluate the tenders upon the demand of the Tender Commission.

32.2. 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.

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

Article 33- Criteria applicable for technical evaluation

33.1. The tenderers that are below the minimum grade of ............18 shall be disqualified from the technical evaluation and shall not be processed to the financial evaluation. The tenderers that receive grades below the minimum technical grade shall be notified in writing that they are disqualified and their financial tenders shall be returned to them or their representatives on the date and time of opening the financial tenders without opening the same.
In the technical evaluation;
The grading shall be made at the percentages given below in view of the specific experiences of the tenderers in the works of similar quality and scale, and conformity of the working schedule and method (methodology) as well as the project management and organization structure proposed for the consultancy work with the terms of reference, and the executive staff and the key personnel proposed for this work and their qualifications, their compatibility with the work and employment status.

CRITERIA
GRADE19
a) Experiences in works of similar quality and scale
[ ... ]
b) Conformity of method (methodology), working plan and organization structure proposed for the work with the terms of reference
[ ... ]
Sub-criteria
Sub-Grade

1) Way of performing the work
[ ... ]

2) Work schedule
[ ... ]

3) Conformity of organization structure with terms of reference
[ ... ]

4) Conformity of executive and technical staff proposed with the terms of reference
[ ... ]

5) Reporting techniques (work progress report/ interim report etc.)
[ ... ]

6) Management and supervision (quality control) techniques
[ ... ]

7) Equipment
[ ... ]

etc.
[ ... ]

c) Executive staff and technical personnel

[ ... ]
Sub-Criteria
Sub-Grade

1) General qualifications
[ ... ]

2) Suitability for job
[ ... ]

3) Local experience and skills in Turkish language
[ ... ]

4) Employment status (own personnel/ under contract)
[ ... ]

TOTAL GRADE
[100]

33.2. Determination of technical grades
After the tenderers that remain below the minimum technical grade are disqualified, the technical grades of the other tenderers shall be evaluated using the formula (PTI= 100 x PT / PTmax).

Here,
PTI   = nominal technical grade
PT   = raw technical grade (over the minimum grade) given to the tenderer by commission          (average technical grade)
PTmax   = highest raw grade given to the tenderer by commission (average technical grade).

33.3. The date and time of opening the financial tenders shall be notified in writing to the tenderers that receive minimum technical grade or the grades over such grade. Firstly, the results of the technical evaluation and the technical grades shall be disclosed in front of the participants at the date and time indicated by the tender commission. Later, the package stored collectively and containing the financial tenders shall be opened by the tender commission. The financial tender envelopes of the tenderers, the tenders of whom are disqualified, shall be returned personally to them or their representatives, and such tenderers shall be taken out of the procurement hall. After these proceedings, the financial tender envelopes of the tenderers that receive minimum technical grade and over shall be opened and written into minutes by disclosing the tender prices. The envelopes concerning the financial tenders that are not returned shall be sent immediately after the conclusion of the procurement.

The tenderers that do not submit tender letters and bid bonds, if required, and such documents of whom are not in compliance with the procedure shall be disqualified.

33.4. At the subsequent stage, it shall be checked whether there is any arithmetic error in the schedules enclosed to the tender letters submitted by the tenderers. In the event that an arithmetic error is determined in multiplication and sum within the schedules 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 written to the tenderer. The tenderer shall be liable to notify written within five 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.
Later, the financial grades of the tenderers whose tender letter and bid bond, if required, are in compliance with the procedures shall be determined.

Article 34- Determination of financial grades
The financial grades of the tenderers whose tender letter and bid bond, if required, are in compliance with the procedures shall be calculated by using the formula (PM= 100 x Mmin / M).
Here,
PM   = denotes the financial tender grade,
Mmin   = denotes the lowest price offered by the tenderers,
   M   = denotes the price offered by the tenderer.

Article 35- Concluding the procurement
The total grades shall be determined by multiplying the technical and financial grades of the tenderers with the coefficients of weight for technical and financial grades and summing such grades.
P= PTI x KT + PM x KM
Here,
   P   = Total grade
   PTI   = Nominal technical grade
   KT   = Coefficient of weight for technical grade
   PM   = Financial tender grade
   KM   = Coefficient of weight for financial grade

The tenderer that has the highest total grade shall be invited to negotiate on the terms of reference, conditions of contract, personnel and financial tender. However, this negotiation shall not be to the extent to significantly amend the requirements set forth in the tender document. The scope of negotiation on the financial tender can only be towards making arrangements to the terms and schedule of payment in favor of the contracting entity provided that the amount of financial tender is not changed. If the terms are clarified and the parties agree as a result of such negotiation, the contract shall be awarded to such tenderer.

In the event of equality of grades, the tenderer that has higher financial tender grade shall be invited for negotiation. If the financial tender grade is equal as well, the tenderer that has more similar work experience shall be invited for negotiation. In the joint ventures, the work experience of the tenderer that has more work experience among the tenderers constituting the joint venture shall be evaluated.

Article 36 – Freedom of Contracting Entity to reject all tenders and cancel the procurement
36.1. 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.

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

36.3. 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.

36.4. The procurement shall be cancelled if the number of tenderers is less than three as a result of technical or financial evaluation.

Article 37- Award of procurement
37.1. The tenderer that receives the highest grade 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 with 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 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 at 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 (If it is specified in Article 41- "Performance Bond" of this specification that performance bond shall not be received before concluding the contract, the performance bond shall not be required).

Article 41 – Performance bond
............................................................................20

Article 42 – Duty and responsibility of the tenderer in concluding the contract

42.1. (Amended: 08/06/2004 – 25486 Official Gazette / Art. 49) 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. 49) 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 judgment 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 tenderer that has the highest grade
43.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 50) 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 through negotiation with the second tenderer that has the highest grade if it is found suitable by the contracting officer. In this case, it shall be checked if the second tenderer that has the highest grade 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 tenderer that has the highest grade 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 second tenderer that has the highest grade 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 amount exceeds the amount specified in sub-paragraph (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...............................................................................................................21

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. ........................ concerning the execution of Contract shall be borne by the Contractor22.

V – MATTERS CONCERNING IMPLEMENTATION OF CONTRACT

Article 46- Place and terms of payment
46.1. Any payment in connection with the services, which constitute the subject matter of procurement, 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 services within the same year in compliance with the work schedule.

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

Article 47- Advance payment, conditions and amount23
..................................

Article 48- Price difference
48.1. The price difference ......................................................................................24

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).25

49.2. The duration of work is ...................................... (in figures and words) calendar days26 as from the date of commencement to work.

Article 50 – Cases and conditions for extension of duration
50.1. Time extension shall be graced in the following cases that are accepted as force majeure:
a) Natural disasters.
b) Legal strikes.
c) Epidemics.
d) Announcement for partial or general mobilization.
e) Other cases determined by the Public Procurement Authority if necessary.

50.2. To ensure that the cases listed above are accepted as force majeure, 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 days following the day when the event of force majeure occurs,
e) Shall be documented by the competent authorities.

50.3. Furthermore, in the event that the Contracting Entity does not fulfill the contractual obligations (delay in handing over the worksite, approving the projects and work schedule, obtaining the permissions, licenses and approvals, and lack of appropriation etc.), 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 51- Increased works, decrease and dissolution of work that may be performed within the scope of contract 27:
.................................................................................................................................................

Article 52 – Penalties and deductions28
........................................................................................................................

Article 53 – Terms of inspection, examination and acceptance
The inspection and acceptance of the services under the contract shall be performed in accordance with the provisions set forth in the draft contract.29

Article 54- Settlement of disputes
54.1. 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.

54.2. 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