Standart Prequalification Specifications for the Consultancy services - ANNEX 2

[admin]

ANNEX: 2
STANDARD PREQUALIFICATION SPECIFICATION FOR THE CONSULTANCY SERVICES PROCUREMENTS THROUGH THE RESTRICTED TENDER PROCEDURE

I -   SUBJECT MATTER OF PROCUREMENT

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 candidates may get information about the prequalification by contacting the contact persons from the addresses and numbers given above.

Article 2- Information about the subject consultancy services 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
Procurement procedure: Restricted Tender Procedure

Article 4- Information about evaluation of prequalification
a)Place of evaluation of prequalification: ............................................................
b)Date and time of evaluation of prequalification: .................................................
c)Place of meeting of tender commission: ...........................................................

Article 5- Reviewing and obtaining the prequalification document
5.1. The prequalification document may be reviewed at the address specified above free of charge. However, those who shall apply for prequalification shall be liable to purchase the prequalification document approved by the Contracting Entity.
a)The place where the prequalification document can be reviewed:.......................................
b)The place where the prequalification document can be purchased:.....................................
c)Sales price of prequalification document (including tax if any): ..............................

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

5.3. The candidate shall be deemed to accept the conditions and rules within the prequalification document by purchasing the said document.
Article 6- The place where the prequalification applications shall be submitted, deadline date and time of application
6.1. The place where the application for prequalification shall be submitted, deadline date and time of payment:
a)  The place where the prequalification applications shall be submitted:.................................
b)  Deadline date and time of application:..............................................................................

6.2. The prequalification documents can be submitted to the place specified above until the deadline date and time of application or sent via registered and prepaid mail. The prequalification documents that are not received by the Contracting Entity until the deadline time of application shall not be taken into consideration.

6.3. The applications for prequalification submitted to or received by the Contracting Entity shall not be returned for any reason other than for issuing addendum in accordance with Article 17 of this Specification hereby.

6.4. In the event that the date determined for the evaluation of prequalification is holiday, the evaluation for qualification shall be made on the next business day at the time specified above at the same place, and the applications for prequalification submitted up to that time shall be accepted.

6.5. The evaluation of prequalification shall be made at the time specified above in the event that working hours change later.

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

Article 7- Reviewing and obtaining the prequalification document
The candidates can review the tender document free of charge at the address given below. The tender document shall be sent to the candidates that are included in the shortlist as a result of evaluation on prequalification in annex to the letter of invitation.

The place where the tender documents can be reviewed :....................................................

Article 8- Scope of prequalification document
8.1 The prequalification document comprises of the following documents:
a)Prequalification Specification
b)   ......................................................................1
   .....................................................2

8.2. 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 candidates shall be an integral part of the prequalification documents in accordance with the relevant provisions of this Specification hereby.

8.3. The candidates shall be liable to carefully review the content of all document listed above. The candidate shall be liable in the event that the candidate does not fulfill the requirements of application for prequalification. The applications that are not in compliance with the requirements set forth in the prequalification document and the procedure described in the prequalification document shall not be taken into consideration.

II. MATTERS CONCERNING APPLICATION FOR PREQUALIFICATION

Article 9- Documents required for application for prequalification
9.1. The candidates are required to submit the following documents within their letters of application for prequalification to be drawn up in compliance with the form of "Letter of Application" (Standard Form KIK017.0/D) annexed to the following documents:

a) Documents required for determination of general suitability:
1) Declaration of address for notification as well as phone and, if any, fax number and e-mail address for contact,
2) Certificate of Chamber of Commerce and/or Industry or Profession registered as per the legislation;
- In the event that the candidate 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 candidate 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,
3) Signature statement or signature circular indicating the authority of the candidate to make application for prequalification,
- Signature statement certified by the notary public in the event that the candidate 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 candidate is a corporate body,
4) (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 38) Written letter of commitment evidencing that the candidate 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),
5) If the candidate is represented in the procurement, the power of attorney indicating that the representative is authorized to participate in the procurement for and on behalf of the candidate and signature statement certified by the notary public,
6) In the event that the candidate 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 if it is stipulated in Article 19 that the consortiums may submit tenders as well,
7) Certificate indicating that the prequalification document has been purchased,
Certificates set forth in the Regulation on Implementation of Services Procurements evidencing that the candidate is domestic if so specified in Articles 10 and 11 of this Specification,
9) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 38) Declaration concerning the corporate bodies, which the candidate is shareholder, as well as the stock companies, which the candidate holds more than half of the shares (KIK029.4/D),
10) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 38) Letter of commitment stating that the work experience certificate shall not be made available to another corporate body (KIK029.3/D),
(Amended: 08/06/2004 – 25486 Official Gazette / Art. 38) In the case of joint ventures, each partner shall be liable to submit the documents listed under items (b), (c), (d), (j), (k) and (l) separately.
b) Documents required for evaluation of prequalification:
The candidates shall fill in each of the standard information forms given in annex to the Prequalification Specification and indicated herein below and document the information presented in the information forms on the basis of information and document. In respect of joint ventures, the partners constituting the joint venture shall submit these forms separately.
In respect of these forms;
1) Information Form 1- In General Information Form (Standard Form KIK050.0/D);
General introduction of the candidate shall be given.
2) Information Form 2- In General Services Experience Form (Standard Form KIK050.1/D);
The candidates shall indicate the consultancy works that they perform or supervise, or manage and that are completed or undergoing in order demonstrate the consultancy works that they carry out actively and their general experiences in this matter. The certificates indicating the work experience shall be annexed as the evidencing certificates.
3) Information Form 3A/ 3B/ 3C- In the form of works that are performed by minimum 70% or supervised or managed by minimum 50% of the contract amount within the last 5 years (Standard Forms KIK051.0/D, KIK051.1/D, KIK051.2/D);
The candidates shall indicate the similar works that are carried out by minimum 70% or supervised or managed by minimum 50% of the contract amount and that are accepted as perfect as of the date of announcement for prequalification in the public or private sector within the last five years. "Information Form 3A" shall be filled for the works completed, "Information Form 3B" for the works managed and "Information Form 3C" for the works supervised, and the certificates indicating the work experience shall be annexed as the evidencing certificates.
4) Information Form 4- In the Financial Status Statement (Standard Form KIK034.0/D);
The candidates shall inform the amounts of cash facility unused or security facility unused in order to document that they have the sufficient financial resources to cover the essential payments in cash in order to fulfill the contractual commitments during the undergoing works and in the future, and document such statements with "Bank Reference Letter" (Standard Form KIK034.1/D) in accordance with the "Information Form 5- Form of Bank Letter".
5) Information Form 6- In the Form of Financial Information/ Turnover Information (KIK034.2/D);3
The candidates shall give the turnovers achieved within the last two years prior to the year of evaluation on prequalification.
The balance sheet that has to be published as per the pertinent legislation or the parts of balance sheet deemed necessary, if such documents are unavailable, the equivalent documents and income statements shall be annexed to this form. In respect of free-employed bodies, the turnover shall be documented with free-employment profit book profit- expense summary.
6) Information Form 7- In Personnel Information Summary Table (Standard Form KIK052.0/D);
The candidates shall indicate the personnel to be assigned for rendering the subject services as well as their qualifications and the status of recruitment, and also the CVs of the personnel proposed shall be drawn up in accordance with "Information Form 8- CV Form" (Standard Form KIK038.0/D) and attached to this form.
7) Information Form 9- In the Equipment Summary Table (Standard Form KIK053.0/D);
The candidates shall specify the machinery, computers etc. equipment that shall be used for the consultancy services to be procured, their features and capacities and how they shall be procured (ownership, financial leasing etc.), and also declare in writing that they shall keep the same at the said work in a timely manner and in fully operating condition.
Quality Management System Certificate:4
............................................................................................

9.2. Way of Submitting Documents (Amended: 08/06/2004 – 25486 Official Gazette / Art. 39)
9.2.1- The candidates have to submit the originals or the notarized true copies of the documents required in their applications. 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 entity.
9.2.2- 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 or 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.

9.2.3- The Candidates 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 prequalification.

9.2.4- The documents except for the ones listed under Article 9.2.4.1 hereunder that will be submitted by the domestic or foreign candidates 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.

9.2.4.1 ....................................................................5.15

9.2.5- 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 prequalification 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.

9.2.6-.......................................................................................................5.2

Article 10- Openness of procurement to foreign candidates6
...

Article 11- Application of price advantage in favor of domestic tenderers7
...

Article 12- General suitability
12.1. The applications of candidates that do not meet the general requirements for suitability shall not be taken into consideration.

a) Those that cannot make prequalification application for this procurement on behalf of themselves or others directly or indirectly or as subcontractor:

   1) 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.
2) Those that have gone into false bankruptcy as determined by the relevant authorities.
3) Authorized persons of the Contracting Entity in procurement and those persons employed in the boards having such authority.
4) 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.
5) Wives and close relatives up to third generation as well as relatives–in–law up to second generation, and adopted children of the persons specified in paragraphs (3) and (4).
6) Partners and shares of the persons specified in paragraphs (3), (4) and (5) (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).
7) Candidates of the foreign countries determined pursuant to the resolutions of the Council of Ministers as per item 8 of paragraph (b) of Article 53 of Public Procurement Law No. 4734.
The contractors that provide consultation services in relation to the work, which constitutes 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) 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.

The candidates that participate in the procurement irrespective of the prohibitions above shall be disqualified from the prequalification. Furthermore, if the candidate is included in the shortlist and he submits tender for the procurement without determining the case at the stage of prequalification, the tender shall be void and the bid bond shall be registered as revenue. If the contract is awarded to any of them since they cannot be determined during the procurement phase, the performance bond shall be registered as revenue and the procurement shall be cancelled.

b) The candidates that are in the following cases shall be disqualified from the evaluation on prequalification:
1) Candidates 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.
2) Candidates 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.
3) Candidates that have any outstanding debt due to social security premiums as per the legislative provisions of Turkey and those applicable in their own countries.
4) Candidates that have any outstanding debt due to taxes as per the legislative provisions of Turkey and those applicable in their own countries.
5) Candidates that are charged with any offense due to their business activities within five years prior to the date of procurement.
6) Candidates that are proved to act against business or professional ethics during the performance of works for the authority which holds the procurement within five years prior to the date of procurement.
7) Candidates that are prohibited against any business activity by the registered chamber as per the relevant legislation by the date of procurement.
Candidates that do not furnish the data and documents specified in this Specification or that furnish misleading data and/or counterfeit documents.
9) Candidates that participate in the procurement even though they are prohibited to participate in the procurement pursuant to item (a) of the Specification.
10) Candidates that are determined to enter into prohibited acts and behaviors as specified in item (c) of the Specification.

c) Prohibited acts and behaviors during the procurement
1) 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.
2) To drift the candidates into hesitation, to hinder participation, to offer or encourage agreements with the candidates, to enter into actions affecting competition or resolution of the tender commission.
3) To issue, use counterfeit documents or guarantees, and attempt to such actions.
4) To submit more than one tender personally or by proxy directly or indirectly for himself/ herself or on behalf of others.
5) To participate in the procurement even though the candidate is prohibited to participate as per item (a) of the Specification
is prohibited, and the provisions set forth in  Chapter Four of Public Procurement Law No. 4734 shall be applicable for these that enter into such acts and behaviors according to the nature of such act and behavior.

In the joint ventures each of the partners has to meet the general requirements for suitability listed under this article.

Article 13- Expenses concerning the application for prequalification
All costs arising from the preparation and submittal of the applications for prequalification shall be borne by the candidates. The Contracting Entity cannot be held liable for such costs incurred by the candidates irrespective of the progress and conclusion of the procurement.

Article 14- Getting information about the service
It shall be under the responsibility of candidate to visit the location and surrounding areas of service, making surveys and obtain all information that may be needed for application for prequalification. All costs concerning getting information about the consultancy services shall be borne by the candidates.

If there is a demand of the candidate or his representatives for visiting the location of work, the contracting entity shall provide sufficient assistance to enable such people to access to the location of work.

Article 15- Date of work commencement and completion
15.1. The work shall commence within ................ (in figures and words)8 calendar days following the notification of the signing of the contract to the contractor or the address indicated for notifications by the Contracting Entity (in respect of works subject to registration by Court of Accounts, following such registration).

15.2. The duration of work is ...................................... (in figures and words) calendar days9.

Article 16- Clarification about the prequalification document
16.1. The candidates shall be able to request a clarification to be made with regard to the points they need in the prequalification document with a written application until twenty (20) days prior to the deadline date of submitting applications at the stage when the applications are prepared. The requests for any clarification following this date shall not be taken into consideration by the Contracting Entity.

16.2. In the event that the request for such a clarification is approved, the clarification by the Contracting Entity shall be sent in writing to all candidates that purchase the prequalification 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 candidates are informed at least ten (10) days prior to the deadline date of submitting applications.

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

16.4. The written clarifications shall be given to the candidates who receive the prequalification document after the day when the clarification is made within the prequalification document.

Article 17- Amendment to prequalification document
17.1. It is essential that there is not any amendment to the prequalification document following the announcement. However, in the event that substantial or technical mistakes or deficiencies that may adversely affect the preparation of applications or performance of work are determined by the Contracting Entity or notified written by the candidates, an amendment may be made to the prequalification document by issuing an addendum.

17.2. The said addendum shall be sent to all candidates who purchase the prequalification document in writing in a registered and prepaid letter or delivered in hand in return for a signature, and the candidates shall be ensured to be notified at least ten (10) days prior to the deadline date of application.

17.3. In the event that additional time is needed to prepare applications for prequalification 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 prequalification documents and receive the tenders during the term of postponement.

17.4. In the event that an addendum is issued, the candidates that submit their applications for prequalification before such an amendment shall be allowed to withdraw their former applications and submit their new applications.

Article 18- Freedom of the Contracting Entity to cancel the procurement before the time of evaluation of prequalification
18.1. When deemed necessary by the Contracting Entity or in the event that the points which hinder the evaluation of prequalification and impossible to remedy are determined in the prequalification document, the procurement may be cancelled before the deadline time of application.

18.2. In this case, the cancellation of the procurement shall be notified to the candidates indicating the reason of such cancellation. The candidates that submit their applications until such time shall be informed about the cancellation of the procurement separately.

18.3. In the event that the procurement is cancelled, all applications submitted shall be deemed rejected and such applications shall be returned to the candidates without opening them.

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

Article 19- Joint ventures
19.1. More than one physical body or corporate body shall be able to submit applications for prequalification through establishing a joint venture.

19.2. Candidates that shall submit applications for prequalification through establishing a joint venture shall submit a "Joint Venture Statement" (Standard Form KIK030.0/D), an example of which is enclosed, in which the pilot partner within the joint venture is specified, together with the application. If the candidates are found qualified and invited to the procurement, they shall include the same Joint Venture Statement in their tenders as well.

19.3. 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.

19.4. The Joint Venture Agreement (Joint Venture Statement) and Contract shall include the provision that physical bodies and corporate bodies comprising the joint venture shall be liable jointly and successively to perform the contract.

19.5. 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.

19.6..............................................................................................................10

Article 20- Language of application for prequalification11
........................................................................................................................

IV- EVALUATION OF PREQUALIFICATION AND INVITATION FOR PROCUREMENT

Article 21- Submitting the documents of application for prequalification
21.1. The prequalification application document shall be put into an envelope (or package) in attachment to the letter of application. Name, surname or trade title of the tenderer, full address for notification, the work related to the application and full address of the Contracting Entity holding the procurement shall be written on this envelope. The adhesive part of the envelope (or package) shall be signed, sealed or stamped by the tenderer.

21.2. The applications for prequalification shall be submitted to the Contracting Entity (the office where the applications for prequalification shall be submitted) in return for receipts with order numbers until the deadline time of application. The applications for prequalification submitted after this time shall not be accepted, but returned to the candidates without opening them.

21.3. Applications for prequalification may be submitted by registered and prepaid mail as well. The applications for prequalification sent by mail shall reach to the Contracting Entity until the time specified in the prequalification document. The time of receipt of the applications for prequalification, 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.

21.4. In the event that the duration of submitting applications for prequalification is extended with an addendum, all rights and liabilities of the Contracting Entity and candidates with regard to the deadline time of application shall be deemed extended until the new deadline date of application.

Article 22 – Receiving and opening the applications for prequalification
22.1. The tender commission convenes at the place indicated in Article 4 of this Specification at the deadline date and time of application for prequalification and commence the evaluation for prequalification. In evaluation of prequalification, firstly, 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 evaluation on prequalification shall immediately be initiated.

22.2. The Tender commission shall firstly review the application envelopes in order of receipt in the evaluation. Name, surname or trade title, full notification address of the candidate, the work related to the application, full address of the Contracting Entity holding the procurement on the envelope as well as the signature and stamp of the candidate on the adhesive part of the envelope shall be checked in this review. The application envelopes that do not meet the said requirements shall be written into a minute, and shall not be taken into consideration.

22.3. Then, the appropriate envelopes shall be opened in order of receipt in front of the participants together with the candidates. It shall be checked whether the documents of the candidates are complete, and the in compliance with the described procedure. The candidates whose documents are deficient or are not in compliance with the described procedure shall be written into a minute. The candidates whose application envelopes are opened shall be revealed. The minutes related to these proceedings shall be signed by the Tender commission.

22.4. The rejection or acceptance of any application shall not be decided, and the documents comprising the application shall not be corrected and completed at this stage. The session shall be closed for the Tender commission to evaluate the applications immediately.

Article 23- Evaluation of applications for prequalification
23.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 40) In evaluation of the applications, it shall firstly be decided that the applications of the candidates whose documents are deficient or are not in compliance with the procedure pursuant to Article 22.3 of this Specification hereby shall be disqualified from the evaluation process.

23.1.1. (Annex: 08/06/2004 – 25486 Official Gazette/ Art. 40) In the event that the documents that must be submitted within the application envelope as per this Specification and the annexes that must be provided pursuant to the related legislation are not furnished by the candidates, such deficient documents and annexes thereto shall not be completed.

23.1.2. (Annex: 08/06/2004 – 25486 Official Gazette/ Art. 40) However,

a) In the event that there is lack of information that does not have an effect to change the basis of the application 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 candidates and issued other authorities, agencies or persons shall be completed within the due time.

23.1.3. (Annex: 08/06/2004 – 25486 Official Gazette/ Art. 40) If the documents submitted by the candidates within the period provided in respect of completing the lack of information are issued on a date later than the deadline date of application, these documents shall be accepted if the candidate evidences that he meets the requirements of application for prequalification as of the deadline date of application.

23.2. The tenders of the candidates whose documents are complete and whose tender letter and bid bond are in compliance with the procedure as a result of these proceedings shall be evaluated in detail. The candidates that do not meet the general suitability requirements shall not be deemed qualified and shall be disqualified. If the number of candidates that meet the general suitability requirements is less than three, the procurement shall be cancelled.

23.3. In the later stage, it shall be checked whether the candidates meet the minimum prequalification requirements set forth in Article 24.

Article 24- Minimum requirements for prequalification

24.1. The candidates have to meet the following minimum requirements to be regarded as qualified.

a) Minimum requirements for financial capacity

1) The candidate has to have the unused cash facility at the amount of ........................., and unused security facility at the amount of .........................12.

The candidates that do not provide the required amount of cash or security facility shall not be accepted as qualified.

In respect of joint ventures, the amount of facilities can be covered by the partners jointly irrespective of their shares.

2)

- The current ratio (current assets / short term liabilities) indicating that the candidate has the necessary liquidity to ensure cash flow at certain periods and debt coverage in short term (within one year) must be minimum 0.5 (while calculating, the contract progress costs shall be deducted from current assets and the revenues from progress payments must be deducted from the short term liabilities).

- The shareholders' equity ratio indicating the share of the shareholders' equity in the assets (shareholders' equity/ total assets) must be minimum 0.1 (while calculating, the contract progress costs shall be deducted from the current assets and the revenues from progress payments must be deducted from the short term liabilities).

- The ratio of short term bank liabilities to the shareholders' equity must be less than 0.75.

Those requirements written above shall be sought as the minimum requirements for prequalification.

The tenderers that fail to meet such requirements in the previous year can submit the documents concerning the last two years. In this case, it shall be checked if the minimum values are met over the average of the last two years, for which the documents are submitted.

If the tenderer is a joint venture, each of the shareholders has to meet such requirements separately. In cases where the share of the pilot partner is more than 50% in the joint ventures, it shall be satisfactory when the pilot partner meet the requirements.

The ratio of total incomes/ total expenses must be minimum 1.25 for the last year or the average of the last two years according to the values indicated in the profit- expense summary in the free-employment profit book in relation to the free- employed persons. In this case, the ratios to be calculated over the balance sheets shall not be required.

3) The average turnovers of the candidates within the last two years shall be evaluated.

The average turnover of the last two (2) years required as a minimum condition shall be _____13.

(Amended: 08/06/2004 – 25486 Official Gazette/ Art. 41) In the joint ventures, the partners have to meet the minimum qualification criteria in proportion to their shares in the joint ventures.

b) Minimum requirements for technical capability

1) Minimum requirement for special service experience
It is requested as a minimum requirement that the candidates carry out or supervise or manage a work, which is the subject matter of procurement, or a similar work at the amount of __________14 provided that they carry out minimum 70% or supervise or manage minimum 50% of the contract amount within the last five years regressively as of the date of first announcement of the prequalification. The works accepted as similar works are indicated herein below.

Similar works: 15
________________________________________________________________________________
________________________________________________________________________________

In the evaluation, the work experiences of the candidates on the basis of a single contract shall be taken into account. More than one work experience cannot be evaluated cumulatively even though they are related to similar works.

(Amended: 08/06/2004 – 25486 Official Gazette/ Art. 42) In the joint ventures, the pilot partner has to provide minimum 70% of the minimum amount of work experience and each of the other partners has to provide minimum 10% of the minimum amount of work experience required. However, the total amount of work experience of the other partner or partners cannot be less than 30% of the minimum amount of work experience.

2) Minimum requirements for personnel status16
It is required to employ the key personnel, the positions and qualifications of whom are indicated herein below, as a minimum for the subject consultancy services.

Position            Quantity         Minimum Experience (Year)
________________         (______)         ___________________
________________         (______)         ___________________
________________         (______)         ___________________

The key personnel required as a minimum qualification requirement must be the experts of the consultancy services and must be working within the body of the candidate.

In the joint ventures, all key personnel of the pilot and other partners shall be evaluated wholly irrespective of their shares in partnership.

3) Minimum requirements for equipment17
The following equipment must be provided as a minimum for the subject consultancy services.

Description                  Quantity
________________________________      (______)
________________________________      (______)
________________________________      (______)

In the joint ventures, all equipment of the pilot and other partners shall be evaluated as a whole irrespective of the share of partnership.

24.2. The candidates that fail to meet the following minimum requirements shall not be accepted as qualified and shall be disqualified from the evaluation of prequalification. If the number of candidates that meet the minimum requirements for prequalification is less than three, the procurement shall be cancelled. If the number of candidates that meet the minimum requirements is equal to or less than the number of candidates to be included in the short list, all candidates that meet the minimum requirements shall be included in the shortlist and invited to submit tenders by sending letters of invitation. If the number of candidates that meet the minimum requirements is more than the number of candidates to be included in the shortlist, these candidates shall be graded according to the criteria mentioned in Article 25.

Article 25- Grading Criteria

(Amended: 08/06/2004 – 25486 Official Gazette/ Art. 42) The candidates that meet the minimum requirements shall be graded according to the criteria laid down in the following table depending upon the information, certificates and documents by filling in the "Information Forms" attached to the "Letter of Application for Prequalification" in two sections including the Financial Capacity and Technical Capability.

CRITERIA/ SUB CRITERIA               GRADE18
a)Financial capacities                  [.......]
b)Technical capabilities                  [.......]
1)General service experience               [.......]
2)Specific service experience               [.......]
3)Personnel status                  [.......]
4)Equipment status                  [.......]
5)Quality Management System Certificate (if required)   [.......]
                     TOTAL   [100]

Article 25- Grading the financial capacity

The average turnovers of the candidates within the last two years shall be evaluated.

The average turnover of the last 2 years accepted for the total grade shall be _______19

If the average value of the turnovers of the candidates for the last two years is;

a)equal to or more than 100% of the amount of turnover accepted for the total grade mentioned above, the grade shall be [......]20
b)equal to the amount of turnover requested as a minimum requirement, the grade shall be [......]21.

Linear proportion shall be applied for the intermediate values. In the joint ventures, the work experience of the partner that has the biggest experience shall be taken into account.

Article 27- Grading the technical capability
27.1. Grading the general service experience (Amended: 08/06/2004- 25486 Official Gazette/ Art. 44)
The general service experiences of the candidates shall be evaluated in the consultancy services.
General service experience of the candidates as of the date of announcement for prequalification shall be graded as follows;
a)If the activity period of the candidate is more than 20 years   [....] grades22
b)If it is 10-20 years (including 20 years)            [....] grades23
c)If it is 5-10 years (including 10 years)            [....] grades
d)If it is 0-5 years (including 5 years)               [....] grades

In the joint ventures, the pilot company shall be taken into account.

27.2. Grading the specific service experience

The works or similar works that the candidates carry out minimum 70% or supervise or manage minimum 50% of the contract amount within the last five years regressively as of the date of first announcement of the prequalification shall be evaluated.

In the evaluation, the work experiences of the candidates on the basis of a single contract shall be graded. More than one work experience shall not be evaluated cumulatively although they are related to similar works.

The amount of work accepted as the total grade shall be ____________24.

If the amount of similar works of the candidates is;

c)equal to or more than 100% of the amount of work accepted for the total grade mentioned above, the grade shall be [......]25
d)equal to the amount of work requested as a minimum requirement, the grade shall be [......]26.

Linear proportion shall be applied for the intermediate values. In the joint ventures, the work experience of the partner that has the biggest experience shall be taken into account.

27.3. Grading the employment status

The personnel proposed by the candidates for the subject consultancy services shall be evaluated.
The personnel, the positions and qualifications of whom are indicated below, shall be evaluated for grading in the subject consultancy services.27

Position
Quantity
Total Experience (Year)
Similar Experience (Year)
Grade
_____________
_________
____________
____________
[....] Grades
_____________
_________
____________
____________
[....] Grades
_____________
_________
____________
____________
[....] Grades
_____________
_________
____________
____________
[....] Grades



TOTAL28
[....] Grades

Linear proportion shall be applied for the intermediate values. In the joint ventures, all personnel of the pilot and other partners shall be evaluated as a whole irrespective of the shares of partnership.

27.4. Grading the equipment status

The equipment stipulated by the candidates for the subject consultancy services shall be evaluated.
The following equipment shall be graded for the subject consultancy services.29

Description
Quantity
Grade
____________________
(____)
[......] Grades
____________________
(____)
[......] Grades
____________________
(____)
[......] Grades
____________________
(____)
[......] Grades

TOTAL30
[......] Grades

Linear proportion shall be applied for the intermediate values. In the joint ventures, all equipment of the pilot and other partners shall be evaluated as a whole irrespective of the shares of partnership.

27.5. .......................................................................................31

Article 28 - Creating the shortlists and invitation to procurement.

The grades received by the candidates according to the evaluation criteria set forth in Articles 25, 26 and 27 shall be cumulated and they are classified according to these grades and the candidate [..........]32 that receives the highest grade shall be included in the shortlist.

If the number of candidates to be included in the shortlist is exceeded in the event of equality of grades, the works carried out or supervised or managed by the candidates within the last five years in relation to the similar works shall be taken into account and the candidate that has more work carried out or supervised or managed under a contract takes the higher place in the classification. The work experience of the partner that has the most work experience shall be evaluated in respect of the partners that constitute the joint venture.

The letter of invitation and tender document shall be submitted to the candidates that are included in the shortlist. The situations shall be indicated in writing to the candidates that fail to be included in the "Shortlist" and that are not found qualified.

Article 29- Cancellation of procurement
29.1. The procurement shall be cancelled when the number of candidates that can be invited to the procurement as a result of the evaluation of prequalification is less than three (3).

29.2. If the procurement is cancelled, this shall be notified to all candidates.

29.3. The candidates cannot claim any right from the contracting entity for cancellation of the procurement.

Article 30- Settlement of disputes
30.1. All disputes arising from the implementation of this Specification during the process until the contract is executed and enforced can 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.

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

VI- MISCELLANEOUS PROVISIONS33
...............................................................................................................