Standart Administrative Specification for Goods - ANNEX 5

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ANNEX: 5
STANDARD ADMINISTRATIVE SPECIFICATION FOR THE GOODS PROCUREMENTS THROUGH THE NEGOTIATED TENDER PROCUREMENT

I -   SUBJECT MATTER OF PROCUREMENT AND MATTERS CONCERNING SUBMITTING TENDERS

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

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

Article 2- Information about the subject work of procurement
Goods, 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: ....................................................................................

Article 3-Information About the Procurement
Information about the procurement;
a)  Procurement procedure: Negotiated Tender Procedure
b)  Place (address) of procurement:............................................................................................

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

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

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

4.4. (Annex: 08/06/2004 – 25486 Official Gazette / Art. 47) If the papers comprising the tender document are issued and sold to the tenderers in other languages besides Turkish, the Turkish text shall be taken as basis in understanding and interpretation of the tender documents as well as the disputes that may arise between the contracting entity and tenderers.

Article 5- The place where the qualification applications shall be submitted, deadline date and time of application
5.1. The place where the qualification applications shall be submitted, deadline date and time of application, and the date and time of commencement to the evaluation for qualification;
a)  The place where the qualification applications shall be submitted:......................................
b)  Deadline date and time of application:..............................................................
      c)  Date and time of commencement to evaluation of qualification:...............................

5.2. The qualification 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 qualification documents that are not received by the contracting entity until the deadline time of application shall not be taken into consideration.

5.3. The applications for qualification submitted to or received by the Contracting entity shall not be returned for any reason other than for issuing addendum in accordance with Article 12 of this Specification hereby.

5.4. In the event that the date determined for the evaluation of qualification 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 qualification submitted up to that time shall be accepted.

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

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

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

6.3. The tenderer shall be liable to carefully review the content of all document listed above. The tenderer shall be liable in the event that the tenderer does not fulfill the requirements for evaluation of qualification and submitting the tender. The applications for qualification and tenders that are not in compliance with the procedure stipulated and described in the tender document shall not be taken into consideration.

II- MATTERS CONCERNING PARTICIPATION IN PROCUREMENT

Article 7- Those that cannot participate in the procurement
7.1. Those listed below shall in no way be able to participate in the Procurement directly or indirectly, or as a subcontractor for themselves or on behalf of third persons;
   a) Those that are prohibited temporarily or permanently to participate in public procurements as per Laws No. 4734 and 4735, and provisions of other laws, and those charged with the offenses within the scope of Anti-Terrorism Law No. 3713 and organized crimes.
b) Those that have gone into false bankruptcy as determined by the relevant authorities.
c) Authorized persons of the Contracting entity in procurement and those persons employed in the boards having such authority.
d) The persons in charge of preparing, executing, concluding and approving any procurement procedures in relation to the work which is the subject of this procurement.
e) Wives and close relatives up to third generation as well as relatives–in–law up to second generation, and adopted children of the persons specified in paragraphs (c) and (d).
f) Partners and shares 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 Law No. 4734.

7.2. 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.

7.3. 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.

7.4. The tenderers 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 8- Reasons of disqualification from the procurement
The tenderers that are in the following cases shall be disqualified from the procurement if such situations are determined;
a) Tenderers that go into bankruptcy, that are in the process of dissolution, whose transactions are executed by a court, that declare concordat, that suspend works or that are in similar situations as per the legislative provisions applicable in their own countries.
b) Tenderers whose bankruptcy has been declared, for whom compulsory dissolution is resolved, that are under the management of a court due to their debts to the creditors or that are in similar situations as per the legislative provisions applicable in their own countries.
c) Tenderers that have any outstanding debt due to social security premiums as per the legislative provisions of Turkey and those applicable in their own countries.
d) Tenderers that have any outstanding debt due to taxes as per the legislative provisions of Turkey and those applicable in their own countries.
e) Tenderers that are charged with any offense due to their business 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 five years prior to the date of procurement.
g) Tenderers that are prohibited against any business 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 7 of the Specification.
j) Tenderers that are determined to enter into prohibited deeds and actions as specified in Article 9 of the Specification.

Article 9- Prohibited acts and behaviors
9.1. 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 8 of this Specification.

9.2. Tenderers 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 10- Openness of procurement to foreign tenderers1
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Article 11- Clarification in the tender document2
11.1. 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 application or submitting tenders at the stage when the applications or tenders are prepared. The requests for any clarification following this date shall not be taken into consideration.
11.2. In the event that the request for such a clarification is approved, the clarification by the Contracting entity shall be sent to all tenderers in written that purchase the tender document until the said date with a registered and prepaid letter or delivered personally against signature. This written clarification by the Contracting entity shall be made to ensure that all tenderers are informed at least ten (10) days prior to the deadline date of submitting tenders.

11.3. The clarification shall cover the description of the problem and detailed answers of the contracting entity. The identity of the tenderer that requests for a clarification shall not be disclosed.

Article 12- Amendment to tender document 2.1 3
12.1. It is essential that there is not any amendment to the tender document following the announcement of procurement. However, in the event that substantial or technical mistakes or deficiencies that may adversely affect the preparation of applications and 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.

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

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

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

Article 13- Joint ventures
13.1. More than one physical body or corporate body shall be able to submit tenders for the procurement through establishing a joint venture.

13.2. 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 application for qualification.

13.3. 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.

13.4. 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.

13.5. 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.

13.6..............................................................................................................3
Article 14-Subcontractors4
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III. MATTERS CONCERNING PREPARATION AND SUBMITTAL OF QUALIFICATION DOCUMENTS

Article 15- Documents required for application for qualification
15.1. The tenderers are required to submit the following documents within their applications for qualification:
   a) Declaration of address for notification as well as phone and, if any, fax number and e-mail address for contact,
   b) Certificate of Chamber of Commerce and/or Industry or Profession registered as per the legislation;
   1) In the event that the tenderer is a physical body, the certificate received within the year when the first announcement with regard to the procurement is made and indicating registration to the Chamber of Commerce and/or Industry or Profession,
   2) In the event that the tenderer is a corporate body, the certificate received from the registered Chamber of Commerce and/or Industry within the year when the first announcement with regard to the procurement is made and indicating the registration of the corporate body,
   c) Signature statement or signature circular indicating the authority of the tenderer to submit tender,
   1) Signature statement certified by the notary public in the event that the tenderer is a physical body,
2) Original or notarized copy of Trade Registers Gazette indicating the shares of the shareholders of the company and their position within the company or the documents evidencing such issues as well as the signature circular of the corporate body certified by the notary public in the event that the tenderer is a corporate body,
d) 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) (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 49) 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 8 of this Specification hereby.
f) 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 and the consortium declaration, form and content of which are specified in this Specification hereby if it is stipulated in Article 13 that the consortiums may submit tenders as well,
g) Qualification Certificates specified in Articles 15.2 and 15.3 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 tender document has been purchased,
j) Certificates set forth in the Regulation on Implementation of Goods Procurements evidencing that the tenderer is domestic if so specified in Articles 10 and 41 of this Specification,
k) Certificates evidencing that the goods proposed are domestic if so specified in Article 36 of this Specification,
l) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 49) Declaration concerning the corporate bodies, which the tenderer is partner or shareholder,
m) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 49) 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. 49) In the case of joint ventures, each partner shall be liable to submit the documents listed under items (b), (c), (e), (j), (l) and (m) separately.

15.2. The documents required for the economic and financial qualification and the criteria that these documents have to meet5
15.2.1-...
15.2.2-...
15.2.3-...
...
15.3. The documents required for the professional and technical qualification and the criteria that these documents have to meet 6.
15.3.1-...
15.3.2-...
15.3.3-...
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15.4. The works that will be accepted as similar works are specified below 6:
15.4.1-................................................................................................................
15.4.2- ................................................................................................................
15.4.3-...

15.5. Way of Submitting Documents (Amended: 08/06/2004 – 25486 Official Gazette / Art. 49)
15.5.1- The Tenderers shall be required to submit the originals or notarized copies of the documents listed above 7.
15.5.2- 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.
15.5.3- 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.

15.5.4- The documents except for the ones listed under Article 15.5.4.1 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.

15.5.4.1....................................................................7.17


15.5.5- 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 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.
15.5.6-.......................................................................................................8

Article 16- Applications for qualification and language of tender9
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Article 17- Application for qualification and tender preparation expenses
All costs arising from the preparation and submittal of the applications for qualification and tenders shall be borne by the tenderers. The Contracting entity cannot be held liable for such costs incurred by the tenderer irrespective of the progress and conclusion of the procurement.

Article 18- Way of submitting the applications for qualification
18.1. All qualification documents required in Article 15 of this Specification as a condition to participate in the procurement shall be put into an envelope or package. Name, surname or trade title of the tenderer, full address for notification, the work related to the tender and full address of the contracting entity holding the procurement shall be written on this envelope. The adhesive part of the envelope shall be signed, sealed or stamped by the tenderer.

18.2. The applications for qualification shall be submitted to the Contracting entity (the office where the applications for qualification shall be submitted) in return for receipts with order numbers until the deadline time of application stipulated in the tender document. The applications for qualification submitted after such time shall not be accepted, but returned to the tenderer without opening them.

18.3. The applications for qualification may be submitted by registered and prepaid mail. The applications for qualification sent by mail shall reach to the Contracting entity until the deadline time specified in the tender document. The receiving time of the applications for qualification 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.

18.4. The applications for qualification submitted cannot be returned and replaced for any reason other than the case of issuing an addendum according to the provisions of this Specification hereby.

18.5. In the event that the duration of submitting applications for qualification is extended with an addendum, all rights and liabilities of the Contracting entity and tenderers with regard to the former date of submitting applications for qualification shall be deemed extended until the new deadline date of submitting applications for qualification.

Article 19- Freedom of the contracting entity to cancel the procurement before the time of procurement
19.1. 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.

19.2. 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.

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

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

IV- MATTERS CONCERNING PREPARATION AND SUBMITTAL OF TENDERS

Article 20- Type of tender and procurement10
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Article 21- Currency applicable for tenders and payments11
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Article 22- Partial tenders12
22.1. Partial tender for the subject work ................................................................................................
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22.2.13...............................................................................................................................................................................................................................................................................................................................................................

Article 23- Alternative tenders14
In relation to the subject work, ... ...
Article 24- Costs included in the tender price
24.1.15................................................................................................................
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...

24.2. In the event that any increase occurs in the expenses provided in article (24.1.) or similar costs arise, it shall be assumed that the tender price meets such increases or differences.

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

Article 25- Documents constituting the tender
25.1. The tenders to be submitted by the tenderers including the price shall consist of the following documents:

a) Bid bond, form and content of which are described in this Specification,
b) Tender Letter, form and content of which are described in this Specification,
c) (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 50) 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 8 of this Specification hereby,
d) Recommendations of tenderers on the works for which they intend to assign subcontractors and the list of such works in the event that it is specified in Article 14 of the Specification hereby,
e) In respect of other documents that the contracting entity may require,
f) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 50) Declaration concerning the corporate bodies, which the tenderer is partner or shareholder,
g) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 50) Letter of commitment stating that the work experience certificate shall not be made available to another corporate body if the work experience is required.
(Last paragraph: Abolished pursuant to 08/06/2004 – 25486 Official Gazette/ Art. 50)

25.2. (Amended: 08/06/2004 – 25486 Official Gazette / Art. 50) In the case of joint ventures, each partner shall be liable to submit the documents listed under items (c), (f) and (g) separately.

25.3. The principles set forth in Article 15.5 of this Specification shall be applicable in submitting the documents comprising the tender as required by the contracting entities.

Article 26- Form and content of tender letter
26.1. The tender letters shall be submitted as written and signed in accordance with the sample form enclosed.

26.2. 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.

26.3. 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 27- Validity duration of tenders16
27.1. The validity duration of tenders shall be at least ............. calendar days following the date of procurement. The tender letters, which are indicated to have shorter validity duration, shall not be taken into consideration.

27.2. 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.

27.3. 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.

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

Article 28-Way of submitting tenders
28.1. All tender 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 tender and full address of the contracting entity holding the procurement shall be written on this envelope. The adhesive part of the envelope shall be signed, sealed or stamped by the tenderer.

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

28.3. 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.

28.4. 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.

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

Article 29- Bid Bond
29.1. 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.

29.2. 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.

29.3. 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.

29.4. 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 30 – Values accepted as bid bond
30.1. 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.

30.2. 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.

30.3. 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.
   
30.4. In the event that Bank Letter of Guarantee is issued, the 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.
30.5. The guarantees may be replaced with other values accepted as a guarantee (bid bond).

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

Article 31- The office where the bid bonds shall be submitted
31.1. Letters of Guarantee shall be submitted to the tender commission inside the tender envelopes.

31.2. The guarantees other that the Letters of Guarantee must be furnished to the Accountancy or Directorates of Accounting, and the receipts thereof must be submitted inside the tender envelopes.
   
Article 32 – Returning bid bonds17
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.

32.2. 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.

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

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

IV- MATTERS CONCERNING THE PROCEEDINGS OF TENDER COMMISSION
Article 33 – Opening the applications for qualification

33.1. The number of applications for qualification submitted until the deadline time of submitting applications for qualification shall be written into a minute by the tender commission, and it shall be announced to the participants and then evaluation shall immediately commence.
   
33.2. The tender commission shall review the envelopes of application for qualification in order of receipt. Name, surname or trade title, full notification address of the tenderer, the work related to 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 under Article 18.1 of this Specification shall be written into a minute, and shall not be taken into consideration.

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

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

Article 34- Determination of qualification of tenderers
34.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 51) At the second stage, it shall be decided that the applications of the tenderers whose qualification documents are deficient in the first session under Article 33.3 of this Specification shall be disqualified from the evaluation process.

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

34.1.2. 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 tenderers and issued other authorities, agencies or persons shall be completed within the due time.

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

34.2. The tenders of the tenderers whose documents are complete and in compliance with the procedure as a result of the first review and these procedures shall be evaluated in detail. At this stage, it shall be reviewed if the qualification documents and the criteria set forth in such documents to determine the capacity of tenderers to perform the said work are in compliance with the conditions set forth in the tender document. The applications for qualification of the tenderers that are found to not meet the qualification criteria in this Specification or the requirements set forth in the tender document of qualification documents shall not be taken into consideration.

34.3. 18 ...............................................................................................................
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Article 35- Submittal of technical tenders and technical negotiations19
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Article 36- Submittal and evaluation of tenders
36.1. The tenderers shall submit the bid bonds and tender letters as well as the tenders comprising of the other documents required by the contracting entity within the period of time designated by the tender commission.

36.2.20 ...............................................................................................................
............................................................................................................................
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36.3. (Amended: 08/06/2004- 25486 Official Gazette/ Art. 52) In evaluation of the tenders, it shall be decided that the tenders of the tenderers whose documents are deficient or whose tender letters and bid bonds are not in compliance with the procedure shall be disqualified from the evaluation process.

36.4. (Amended: 08/06/2004- 25486 Official Gazette/ Art. 52) In the event that the documents that must be submitted within the tender envelope as per this Specification and the annexes that must be provided pursuant to the related legislation are not furnished by the tenderers, such deficient documents and annexes thereto shall not be completed.

36.4.1. However,

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

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

36.4.2. 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.

36.5. (Amended: 08/06/2004- 25486 Official Gazette/ Art. 52) It shall be checked whether there is any arithmetic error in statements enclosed to the tender letters submitted by the tenderers after this stage.

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

36.7. In the event that the tenderer notifies that he does not accept the corrected tender or does not reply within this duration, then the tender shall be disqualified from evaluation and the bid bond furnished shall be registered as revenue.

Article 37- Negotiation on Price21
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Article 38 – Requesting the tenderers to clarify their tenders
38.1. The Contracting entity may request the tenderers to explain their tenders with regard to unclear points in order to review, compare and evaluate the tenders upon the demand of the Tender commission.

38.2. 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.

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

Article 39 – Abnormally low tenders
39.1. After the Tender commission evaluates the tenders submitted as per Article 36 of this Specification hereby, it shall determine the abnormally low tenders according to the other tenders or the approximate cost determined by the Contracting entity. The Tender commission shall demand from the tenderers to submit the significant components and relevant details in the submitted tender in writing within the period determined before rejecting such tenders.

39.2. The Tender commission shall evaluate the abnormally low tenders with regard to the written clarifications by documenting;
a) The cost – effectiveness of manufacturing process,
b) Technical solutions selected and the advantageous conditions that shall be used by the tenderer in supplying the goods and services,
c) Exclusivity of the product offered.

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

Article 40 – Freedom of the contracting entity to reject all tenders and cancel the procurement
40.1. 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.

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

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

Article 41 – Determination of the most advantageous tender in economic terms
41.1. The tenderer that submits the most advantageous tender in economic terms shall be awarded the contract.

41.2. The most advantageous tender in economic terms shall be determined on the basis of ....................................................................................................22

41.3. The following issues shall be taken into consideration in evaluating the most advantageous tender in economic terms.23

41.3.1...
41.3.2...
41.3.3...
41.4. In the procurements where the lowest price is considered as the most advantageous tender in economic terms, if more than one tenderer proposes the same price and it is understood that these tenders constitute the most advantageous tender in economic terms, the procurement shall be concluded by determining the most advantageous tender in economic terms in consideration of the criteria given under Article 41.5 of the specification and within the framework of the provisions set forth in the Regulation on Implementation of Goods Procurements.

41.5. The criteria required from the tenderers other than price if the prices are equal in cases where the most advantageous tender shall be determined according to the lowest price basis:24

41.5.1-...
41.5.2-...
41.5.3-...

41.625 .......................................................................................................

41.7. Application of price advantage in favor of domestic tenderers:26
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Article 42- Award of procurement

42.1. The tenderer that submits the most advantageous tender in economic terms shall be awarded the contract as a result of evaluation made according to the provisions of this Specification hereby.

42.2. The Tender commission shall make its resolution with reasons thereof and submit to the contracting officer for approval.
   
Article 43 – Approval of the procurement award
43.1. 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.

43.2. 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.

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

Article 44 – Notification of final procurement award
44.1. 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.

44.2. 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.

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

VI- MATTERS FOR CONCLUDING THE CONTRACT

Article 45 – Invitation for concluding the contract
45.1. In the event that the notification period as per Article 44.2 of this Specification hereby expires or visa by the Ministry of Finance is required, the tenderer that is awarded the contract shall be invited to sign a contract via a registered and prepaid mail within three (3) days following the notification to the effect that such a visa is issued. The seventh (7th) day following the mailing date shall be assumed as the notification date of the award to the tenderer. Twelve (12) days shall be added to this duration for the foreign tenderers.
   
45.2. This notification may also be made to the tenderer in the Contracting entity against signature.

45.3. 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.27

Article 46 – Performance bond28
46.1. The tenderer that is awarded the contract shall be liable to provide performance bond at an amount corresponding to 6% of the procurement price before concluding the contract.

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

Article 47 – Duty and responsibility of the tenderer in concluding the contract29
47.1. (Amended: 08/06/2004 – 25486 Official Gazette / Art. 53) 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 8 as well as the performance bond within the period as stipulated under Article 45.3 of this Specification hereby. The bid bond shall be returned immediately after the contract is signed.

47.1.1. (Amended: 08/06/2004 – 25486 Official Gazette / Art. 53) 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 8 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.

47.2. 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.

47.3. 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 48 – Notification to the second most advantageous tenderer in economic terms
48.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 54) 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 8 as well as the performance bond or does not sign the contract, then the contract may be concluded with the second most advantageous tenderer in economic terms if it is found suitable by the contracting officer. In this case, it shall be checked if the second most advantageous tenderer in economic terms is prohibited and shall be required to submit the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 8 as per Article 43.1 prior to the approval by the contracting officer.

48.2. The said tenderer shall be notified in accordance with the provisions of Article 45 of this Specification hereby.

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

48.4. Furthermore, the tenderer that does not conclude a contract according to the applicable procedures apart from force majeure even though the said tenderer is the second most advantageous tenderer in economic terms shall be prohibited from participating in any procurement held by all public authorities and bodies as stipulated in the relevant Law for a period from six months to one year as per Article 58 of Law No. 4734.
 
Article 49 – Duty and responsibility of the contracting entity for concluding the contract
49.1. 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 45.1. of this Specification hereby in the event that the Contracting entity does not fulfill its obligation with regard to concluding the contract.

49.2. 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 50 – Concluding the procurement with contract
50.1. The share of Public Procurement Authority shall be invested to the accounts of the Authority before the contract is signed if the contract price exceeds the amount specified in sub-paragraph (1) of paragraph (j) of Article 53 of Law No. 4734.

50.2. 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.

50.330..........................................................................................................................................................................................................................................

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

50.5. ........................ concerning the execution of Contract shall be borne by the Contractor31.


VII – MATTERS CONCERNING IMPLEMENTATION OF CONTRACT

Article 51- Place and terms of payment32
50.1. Any payment in connection with the procurement/ goods, which constitute the subject matter of procurement, shall be effected by the Accountancy/ Accounting Office of .............................
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51.2. Other terms of payment are specified in the draft contract.

Article 52- Advance payment and conditions33
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...

Article 53- Terms of payment and calculation of price difference34
The price difference .........................................................................................................
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Article 54- Date of work commencement and completion (delivery of goods)35
54.1. 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).

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

Article 55 – Cases and conditions for extension of duration
The cases for extension of duration are listed below:

55.1. Force majeure:
a) Natural disasters.
b) Legal strikes.
c) General epidemic diseases.
d) Announcement for partial or general mobilization.
e) Other cases determined by the Public Procurement Authority if necessary.

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

55.2. Reasons attributable to the contracting entity

55.2.1. Furthermore, in the event that the Contracting entity does not fulfill the contractual obligations (delay in delivering the worksite and approval of the projects etc.) within the stipulated duration without any default of the contractor, and any delay occurs with reasons not caused by the contractor, and the work is not completed in time, the situation shall be reviewed by the Contracting entity upon the request by the contractor provided that this hinders the performance of the contract and the contractor does not have sufficient power to eliminate the hindrance, and the Contracting entity may extend the time for a part of or whole work according to the nature of the work.
   
Article 56- Increased works, decrease and dissolution of work that may be performed within the scope of contract 36:
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Article 57 – Penalties payable in delays (Amended: 08/06/2004 – 25486 Official Gazette / Art. 55) If the Contractor does not deliver the goods/ complete the works in time as per the contract, the delay notice shall be issued by the contracting entity for .................37 days and the delay penalties at ..................3737.1 of the contract amount shall be applied for each calendar day delayed, and in the event that the same situation continues in spite of the written notice of the Contracting entity, the performance bond of the contractor shall be registered as revenue, the contract shall be cancelled and the account shall be settled in accordance with the general provisions without necessity for any written protest.

Article 58 – Terms and conditions of receipt, delivery, examination and acceptance 38
58.1. Delivery schedule of contractor:..........................................................................

58.2. Terms and conditions of delivery and receipt:.........................................................

58.3. Terms and conditions of examination and acceptance:.................................................

Article 59- Matters concerning warranty, maintenance and repair 39
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Article 60- Settlement of disputes
60.1. 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.

60.2. 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