Standart Administrative Specification for the Goods - ANNEX 3

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ANNEX: 3
STANDARD PREQUALIFICATION SPECIFICATION FOR THE GOODS PROCUREMENTS THROUGH THE RESTRICTED TENDER PROCURE

I -   SUBJECT MATTER OF PROCUREMENT AND MATTERS CONCERNING SUBMITTING TENDERS

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

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

Article 2- Information about the subject of procurement
Good, which constitute the subject matter of the procurement;
a)   Name:...
b)   Code, if any:...
c)   Quantity and type:...
d)   Place of delivery:...
e)   Other information about the procurement (if any): ..............................................

Article 3-Information About the Procurement
Information about the procurement;
Procurement procedure: Restricted Tender Procedure

Article 4- Information about the evaluation of prequalification
a)Place of the evaluation of prequalification: ............................................................
b)Date of the evaluation of prequalification: .............................................................
c)Time of the evaluation of prequalification: ............................................................
d)Place of meeting of the 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 will apply for prequalification shall 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.

5.4. (Annex: 08/06/2004 – 25486 Official Gazette / Art. 38) If the papers comprising the prequalification document are issued and sold to the candidates in other languages besides Turkish, the Turkish text shall be taken as basis in understanding and interpretation of the prequalification documents as well as the disputes that may arise between the contracting entity and candidates.

Article 6- The place where the prequalification applications shall be submitted, deadline date and time of application
6.1.
a)  The place where the prequalification applications shall be submitted:.................................
b)  Deadline date of application (date of evaluation of prequalification):..............................
c)  Deadline time of application (time of evaluation of prequalification):.............................

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 18 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 held 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
7.1. The prequalification document may be reviewed at the address specified above free of charge, and the candidates can also purchase the prequalification document at the stage of prequalification. Furthermore, the candidates found qualified as a result of evaluation of prequalification shall be notified where and on which terms the prequalification document can be obtained with a letter of invitation.

7.2.
   a) The place where the contract document can be reviewed: ..........................................
   b) The place where the contract document can be purchased: ........................................
   c) The sales price of the contract document (including tax): ..............................................

Article 8- Scope of prequalification document
8.1 The prequalification document comprises of the following documents:
a)Prequalification Specification
b)    Standard forms:
   .......................................................................
   ......................................................
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 documents 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 and prequalification criteria
9.1. The candidates are required to submit the following documents within their applications for prequalification:
   a) Declaration of address for notification as well as phone and, if any, fax number and e-mail address for contact,
   b) Certificate of Chamber of Commerce and/or Industry or Profession registered as per the legislation;
   1) In the event that the candidate is a real person, the certificate received within the year when the first announcement with regard to the procurement is made and indicating registration to the Chamber of Commerce and/or Industry or Profession,
   2) In the event that the candidate is a legal person, 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 legal person,
   c) Signature statement or signature circular indicating the authority of the candidate to make application for prequalification,
   1) Signature statement certified by the notary public in the event that the candidate is a real person,
2) Original or notarized copy of Trade Registers Gazette indicating the shares of the shareholders of the company and their position within the company or the documents evidencing such issues as well as the signature circular of the legal person certified by the notary public in the event that the candidate is a legal person,
d) 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,
e) (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 39) 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 13 of this Specification hereby.
f) 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 and the consortium declaration, form and content of which are specified in this Specification hereby if it is stipulated in Article 20 that the consortiums may submit tenders as well,
g) Qualification Certificates specified in Articles 9.2 and 9.3 of the Specification, and form and content of which are stipulated in Regulation on Implementation of Goods Procurements,
h) Application Letter, form and content of which are described in the Specification,
i) Certificate indicating that the prequalification document has been purchased,
j) Certificates set forth in the Regulation on Implementation of Goods Procurements evidencing that the candidate is domestic if so specified in Articles 10 and 11 of this Specification,
k) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 39) Declaration concerning the legal persons, which the candidate is partner or shareholder,
l) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 39) 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,
(Amended: 08/06/2004 – 25486 Official Gazette / Art. 39) In the case of joint ventures, each partner shall be liable to submit the documents listed under items (b), (c), (d), (e), (j), (k) and (l) separately.

9.2. The documents required for the economic and financial qualification and the criteria that these documents have to meet1
9.2.1-...
9.2.2-...
9.2.3-...
...
9.3. The documents required for the professional and technical qualification and the criteria that these documents have to meet 1.
9.3.1-...
9.3.2-...
9.3.3-...
   ...............................................................................................................
9.4. The works that will be accepted as similar works are specified below 2:
9.4.1-................................................................................................................
9.4.2- ................................................................................................................
9.4.3-...

9.5. Way of Submitting Documents (Amended: 08/06/2004 – 25486 Official Gazette / Art. 39)
9.5.1- The Candidates shall be required to submit the originals or notarized copies of the documents listed above 3.
9.5.2- 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.

9.5.3- 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 procurement.

9.5.4- The documents which have foreign country origin except for the ones listed under Article 9.5.4.1 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.

9.5.4.1....................................................................3.13


9.5.5- 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.

9.5.6-.......................................................................................................4

Article 10- Openness of procurement to foreign candidates5
...
.........   ...
........................................................................................................................

Article 11- Application of price advantage in favor of domestic candidates6
...
.........   ...

Article 12- Those that cannot participate in the procurement
12.1. Those listed below shall in no way be able to participate in the Procurement directly or indirectly, or as a subcontractor for themselves or on behalf of third persons;
   a) Those that are prohibited temporarily or permanently to participate in public procurements as per Laws No. 4734 and 4735, and provisions of other laws, and those charged with the offenses within the scope of Anti-Terrorism Law No. 3713 and organized crimes.
b) Those that have gone into false bankruptcy as determined by the relevant authorities.
c) Authorized persons of the Contracting entity in procurement and those persons employed in the boards having such authority.
d) The persons in charge of preparing, executing, concluding and approving any procurement procedures in relation to the work which is the subject of this procurement.
e) Spouses 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 (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) Candidates 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 Law No. 4734.

12.2. Any bodies such as foundations, associations, unions and funds under the body of the Contracting entity or established for any reason related to the Contracting entity as well as the companies which are partnerships of these organizations cannot participate in the procurement.

12.3. Furthermore, the contractors that provide consultation services in relation to the procurement, which is 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.

12.4. The candidates that participate in the procurement irrespective of the provisions above shall be disqualified from the procurement and the respective bid bonds shall be registered as revenue. Furthermore, if the contract is awarded without determining the case at the stage of consideration of tenders submitted, the relevant performance bond shall be registered as revenue and the procurement shall be cancelled.

Article 13- Reasons of disqualification from the procurement
The candidates that are in the following cases shall be disqualified from the procurement if such situations are determined;
a) 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.
b) 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.
c) 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.
d) Candidates that have any outstanding debt due to taxes as per the legislative provisions of Turkey and those applicable in their own countries.
e) Candidates that are charged with any offense due to their business activities within five years prior to the date of procurement.
f) 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.
g) Candidates that are prohibited against any business activity by the registered chamber as per the relevant legislation by the date of procurement.
h) Candidates that do not furnish the data and documents specified in this Article or that furnish misleading data and/or counterfeit documents.
i) Candidates that participate in the procurement even though they are prohibited to participate in the procurement pursuant to Article 12 of the Specification.
j) Candidates that are determined to enter into prohibited deeds and actions as specified in Article 14 of the Specification.

Article 14- Prohibited acts and behaviors
14.1. 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, unfair competition, agreement, corruption, bribe or other means.
b) 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.
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 candidate is prohibited to participate as per Article 12 of the Specification.

14.2. Candidates that enter into the said prohibited deeds or actions shall be subject to the provisions in Chapter Four of Law No. 4734 according to the nature of such act and behavior.

Article 15- Expenses for 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 16- Date of work commencement and completion (delivery of goods)7
16.1. The goods shall be delivered / the work shall commence 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).

16.2. The duration of work is ...................................... (in figures and words) calendar days.

Article 17- Clarification in the prequalification document
17.1. 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.

17.2. 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 purchased 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.

17.3. 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.

17.4. 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 18- Amendment to prequalification document
18.1. 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 works 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.

18.2. The said addendum shall be sent to all candidates who purchased 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.

18.3. 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 last application 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.

18.4. 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 19- Freedom of the contracting entity to cancel the procurement before the time of evaluation of prequalification
19.1. 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 the application.

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

19.3. 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.

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

Article 20- Joint ventures
20.1. More than one real persons or legal persons shall be able to submit applications for prequalification through establishing a joint venture.

20.2. Candidates that submit applications for prequalification 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.

20.3. 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.

20.4. The Joint Venture Agreement (Joint Venture Statement) and Contract shall include the provision that real persons or legal persons comprising the joint venture shall be liable jointly and successively to perform the contract.

20.5. 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.

20.6..............................................................................................................8

Article 21- Language of application for prequalification9
........................................................................................................................
........................................................................................................................

IV- EVALUATION OF PREQUALIFICATION AND INVITATION FOR PROCUREMENT

Article 22- Submitting the documents of application for prequalification
22.1. The letter of application and all documents required in this Specification shall be put into an envelope or package. Name, surname or trade title of the tenderer, full address for notification, the work related to the application and full address of the contracting entity holding the procurement shall be written on this envelope. The adhesive part of the envelope shall be signed, sealed or stamped by the tenderer.

22.2. 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 stipulated in the prequalification document. The applications for prequalification submitted after this time shall not be accepted and returned to the candidate without opening them.

22.3. 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.

22.4. 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 23 – Receiving and opening the applications for prequalification
23.1. The applications for prequalification shall be submitted to the Contracting entity (the office where the applications for prequalification shall be submitted to) until the deadline time of application indicated in this Specification hereby.

23.2. The following procedure shall be applicable for receiving and opening the tenders by the Tender commission:

23.2.1. The number of applications for prequalification submitted until the deadline time of application shall be written into a minute by the Tender commission, and announced to the participants and then evaluation shall immediately be made.
   
23.2.2. The Tender commission shall review the application envelopes in the order of receipt. 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.

23.2.3. Then, the 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 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.

23.2.4. 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 24- Evaluation of applications for prequalification
24.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 40) In the 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 Sub-Article 23.2.3 of this Specification hereby shall be disqualified from the evaluation process.

24.1.1. 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.
24.1.2. However,

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

24.1.3. 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.

24.2. The applications of the candidates whose documents are complete in compliance with the procedure as a result of the first review and these procedures shall be evaluated in detail.

24.3. At this stage, it shall be reviewed whether the candidates meet the minimum qualification criteria demonstrating their capacity to perform the work, which constitutes the subject matter of procurement, and the requirements set forth in the prequalification document. The candidates that are found to meet the minimum qualification criteria as a result of the evaluation shall be qualified, and the candidates that are found not to meet the minimum qualification criteria shall be disqualified.

Article 25- Concluding the evaluation of prequalification
The tender commission shall decide on the evaluation of prequalification after completing such evaluation of prequalification. In the decision, the names/ trade titles of the candidates that make such application for prequalification, as well as the names/ trade titles of the candidates that are qualified and disqualified and the reasons of such disqualification shall be specified.

Article 26- Notification of results of prequalification and invitation to procurement
26.1. The reasons of disqualification shall be notified to the candidates that are not found qualified as a result of the evaluation of prequalification with a registered and prepaid mail.

26.2. The letter of invitation to tender shall be sent to all candidates that are found qualified as a result of the evaluation of prequalification. The letter of invitation shall include that the candidate is found qualified as a result of the evaluation of prequalification and where and at what price the tender document shall be purchased as well as the date and time of procurement.

Article 27- Cancellation of procurement
27.1. 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 five (5) or the number of tenderers that submit tender for the procurement is less than three (3).

27.2. If the procurement is cancelled, this shall be notified to all candidates or tenderers.

27.3. The candidates or tenderers cannot claim any right for cancellation of the procurement.

Article 28- Settlement of disputes
28.1. 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.

28.2. 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