Key Benefits:
PUBLIC PROMISE
LAID
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Kanun No. 4735 |
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Accepted Date: 5.1.2002 |
PART OF THE REGION
General Provisions
SECTION OF THE REGION
Purpose, Scope, Tantas, and Alleles
Purpose
ARTICLE 1.- The purpose of this Law is to regulate and enforce commitments made according to the Public Tender Law. to be selected.
Scope
MADDE 2.- This Law is organized as a result of tenders, subject to the provisions of the Law, subject to the Law of Public Vigilantes. The following is a list of words.
MADDE 3.- The terms of the Public Ale Code apply to the implementation of this Law.
Hylkes
MADDE 4.- To be held according to this Code, the terms of the RFx document cannot be included in the provisions of this Law.
The terms of this Code may not be dedgeable and cannot be edited in any of the people specified in this Code.
The parties of the public commitments made under this Law have the right and obligations to apply the provisions of the word. Provisions of this principle cannot be included in the provisions of the document and the provisions of the document. This principle is taken into consideration in the interpretation and implementation of the law.
PART OF A REGION
Edit Remarks
Type commitments
ARTICLE 5.- Type Glossary of Goods or Services, in the Official Gazette, for goods or services to ensure implementation of this Law. publication.
The promises to be made are based on the provisions of the Type Pseudo.
Types of Glossary
MADDE 6.- As a result of awards made by the Public Tender Code;
a) In the structure of the structure, application projects and the mahal lists of these, key delivery of key delivery, over the total cost of the request for the entire process,
b) The cost of goods or services leads to the total cost of the request for the complete set of features and quantity of the amount that is set up in the administration price promise,
c) In the process of doing, pre or final projects, and related mahal lists and unit price rates, goods or service items, and business details Price per unit price, based on the amount of each item in the current roster, and the total cost of the unit price that is offered by the zealer for these items with the quantity of each item included in the administration roster,
Is Edited.
Require a place in the glossary
ARTICLE 7.- It is mandatory to specify the following considerations in the words to be edited according to this Code:
a) The name, nature, type, and quantity of the business were recognized in the services.
b) The name and address of the person.
c) The contractor's name or trade title is the tebligata base address.
d) Information and responsibilities of subcontractors if available.
e) The price, type, and duration of the commitment.
f) If the settlement is to be paid and will not be available, they will be available, and the amount is available.
g) How the price difference will be paid if it is to be paid for the words.
h) The business, insurance, tax, levy, and tuition expense will be included in the statement of the business.
i) Whose side will be paid by tax, images, and fees related to the promise of commitment.
j) Service for support services, such as mounting, handling, access, maintenance, repair, and spare parts.
k) Exact Collateral returns with the amount of collateral collateral.
l) Warranty duration and warranty in the desired state.
m) Site, delivery, and delivery, and the construction and delivery of the business.
n) penalties that will be received in a delay.
o) The ability to extend an extended period of time and reason.
p) Increases Control, examination, and acceptance.
r) Business administration and responsibility to insure and insure of business execution in construction.
s) In a statement, they are being dethused.
t) An annuient termination of the Glossary.
u) The contractor is responsible for the employee involved in the subject matter of the subject.
v) All of the documents contained in the Israeli document are an attachment to the word.
y) The solution for the conflict.
ISRAELKISIM
Implementation of a Glossary
SECTION OF THE REGION
Price Differences, Insurance, Acquis, Auditing, Examination, and Acceptances
Price difference can be made
ARTICLE 8.- The Council of Ministers on the proposal of the Public Tender Institution based on the basis and procedures for which the price difference can be made according to the types of words authority.
The price difference in the Glossary is not based on the basis of the difference in terms of the basis and procedures.
Business-and-office insure
MADDE 9.- A contractor is a contractor in construction, with all types of tools, materials, ifts, ions, and service machines, repairs, facilities done For their part, the earthquake, water pressure, storm, fire, fire, fire, fire, fire, and fire, which could be in the elapsed time from the date of final acceptance to the final date of the final date of the date of the final date of the date of the final date of the date of the date of the final date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of The documentation that is specified in the documentation is required to do so.
M&en reasons
ARTICLE 10.- To be considered as a cause of reason, is stated in the following:
a) Doðal disasters.
b) Kanuni strike.
c) The general contagion is sickred.
d) Public or general mobilization policy.
e) The other requirements that are to be determined by the Install.
Expiry time, including situations such as termination, termination of the administration by the administration as a reason for the above For example, if a contractor has not come forward with a defect that is caused by the contractor, it has prevented it from fulfilling its commitment, the contractor does not have sufficient power to discontinue this obstacle, and 20 days following the date that a major reason has been created. notify the administration of the contractor in writing, and It is mandatory to document it by authorized authorities.
Control, examination, and acceptanceiþlemleri
ARTICLE 11.- Examination and acceptance of goods, services, construction or construction of a minimum of three years of examination and acceptance commissions will be installed by the administration It's done by the side. The inspection and acceptance actions cannot be made unless they are delivered to the administration by the commodity or the built-in contractor.
However, if convicted, it does not remove the authority and responsibility of the processes, examination and acceptance commissions that require the manufacturing or production process. It may be controlled by the relevant administration in specific terms and searches, in accordance with the quality and features specified in the tender document.
The commitment that is completed and is available for use for the future use of the required sections.
PART OF A REGION
Provisions for Certain Teminata Workplace
Additional exact collateral
MADDE 12.- In the event of a prediction of price difference, an outage occurred at 6% of the price to be paid as a price difference. Or, the additional precise collateral is received over the deems that are accepted as collateral.
Back up collateral and additional exact collateral
MADDE 13.- The commitment of the contractor in accordance with the provisions of the document and the award document and any debt to the administration of this contractor. the exact collateral and any additional precise guarantees, if any, after the fact that it was not found;
ForYapýma), after the adoption of a temporary admission, if any, the temporary acceptance of the temporary acceptance of the temporary admission, if any, is the certificate of the Social Security Institution and the remainder after confirmation of the final admission,b) A warranty for the goods or construction received after the Social Insurances document was found in the following years of construction. half of the warranty period after the duration of the warranty period, and the warranty period is complete if the warranty period is complete, and the remainder of the warranty period.
is returned to the contractor.
yapýmThe contractor's debt to the administration and the Social Insurance Institution for this business and the statutory tax deductions made from fees and fees. If they are not paid until the exact date of acceptance, the acceptance deadline or the end of the warranty period, the strict guarantees of protest and conviction are due to money, if any, to the debt, if any, The rest is given back to the contractor.Does not seek to bring a document without the Social Security Institution if the subject of the job is purchased and sold out of the market.
Uneatable collateral
ARTICLE 14.- The 13th Amendment does not need to be dehydrated; the final account and final acceptance of the construction of the construction is not available, In other countries, certain letters of guarantee, which cannot be returned due to the due date or due date of the warranty period of the warranty period, are void and returned to the bank, as well as undue guarantee letters of the administration. The guarantees on the guarantee letter are recorded in the Treasury at the end of the term.
THIRD PART
Deposition in Glossary, Glossary
Devri and Feshi
Do not make a statement
MADDE 15.- After the signing of a statement, it is stated that the value of the promise is not to be taken, and that the administration and the contractor are involved in the decision The terms of the word are made in the terms of the word:
a) Construction or delivery location.
b) The duration of the execution or delivery of the business prior to the duration of the business, and the payment in accordance with this time period.
Transfer of the Glossary
MADDE 16.- The Glossary may be transferred to the office with the written permission of the tender authority in required state. However, it is mandatory to search for the people in the first tender in the takeover credits. In three years of the transfer of a commitment to the date of a commitment, except for the name and status of the status, the transfer cannot be transferred or transferred in three years from the same contractor. 20, 22, and 26 ncu provisions are applied on the circuit and handover, annualized or transferred over three years, in three years of the transferred or handover date following the transfer or transfer of a statement.
Supplier's death, bankruptcy, illness, imprisonment, or conviction
MADDE 17.- The contractor's death, insolvency, ill-ill, imprisonment, or freedom of a criminal conviction in criminal convictions. Applies to:
A) In the event of the contractor's death, they must liquidate the account according to the general provisions of the account by annuification and to the heirs of certain credits if they exist is given. However, if it is appropriate for the administration to receive the same and claim on a claim, if it is within thirty days of the date of death, additional guarantees may be transferred to the word, with the exact guarantee required to complete the commitment, including any additional collateral.
b) If the contractor is insolvent, business is required by 20 and 22 items, excluding Prohibition, by annulled termination.
c) This is the case if the patient fails to meet the contractor's commitment due to a punitive, imprisonment, or a punitive conviction. The commitment of the contractor within thirty days of the following 30 days and the commitment of someone who is accepted by the relevant administration can be resumed with the commitment. However, if the contractor is not in a position to appoint a substitute with his own free will, he may be asked to appoint a legal representative according to the general provisions within the same period of time. If these provisions are not implemented, they will be required by clause 20 and 22 in their rights, excluding Prohibition, by annulled termination.
Death, bankruptcy, illness, imprisonment, or conviction if the contractor is in common form
ARTICLE 18.- The commitments that have been fulfilled by the common entry include the death, bankruptcy, and imprisonment of one of the people who made the joint entry. There is no obstacle to the fact that there is a punitive punishment for the freedom of freedom or to say the word. However, if one of them was reported as a pilot partner to the administration, the real or legal entity of the pilot environment, bankruptcy, imprisonment, imprisonment, imprisonment, conviction, or conviction, to ban the term from termination or imprisonment. They are based on article 20 and 22 on their rights, except for the exception of the article. In the event of the death of the pilot, the exact collateral is returned by liquidating the work done by the termination of the word. If the offer and administration of other partners are eligible within thirty days following the occurrence of these situations, a renewal of the responsibility for assuming the responsibility of the pilot for that job, including the collateral, may continue to be refreshed.
The death of one of the partners in thePilot is whether to convict or otherwise condemn the death, illness, imprisonment, and freedom of freedom. Partners will assume responsibility for the inclusion of the collateral, including the collateral, and they fulfill the commitment.
Supplier termination of commitment
MADDE 19.- The contractor will not fulfill its commitment after the word has been made, due to the fact that the contractor is in financial accusers. If it is written along with their cause, the exact collateral and any additional final guarantees are provided, if any, and any additional final collateral will be posted and the account will be liquidated according to the general provisions.
Screen termination of the messageÝdarenin
MADDE 20.--The administration is annulled in the following states:
a) At least one of the management of the contractor's commitment to a delay in the award document, at the rate of delay in the award document, upon failure to fulfill or end the execution of the contractor in accordance with the tender document and the provisions of the agreement. Continuing for twenty-day periods and reasons for which the cause of the cause is ongoing,
b) To determine that the contractor is found in a prohibited verb or behavior in the 25th Amendment,sýrasýndathe implementation of the statement is determined by the In
, there will be no need to protest at the same time, and if any, additional precise collateral will be provided in the revenue and termination of the account to the general provisions. It is liquidated.
annulment due to prohibited verbs or behavior prior to the word
MADDE 21.- The contractor is identified after a statement made by the Public Tender Act during the tender process has been made. , the exact collateral and any additional precise collateral will be logged and the annuification of the account will be liquidated according to the general provisions.
However, with a public benefit record, at least 80% of the commitment is complete and complete with commitment;
a does not have enough time to re-award the remaining part of the commitment due to the reason for the Ývediliði,
b) Not being able to make a commitment to a contractor that is not available to you,
c) No qualifications to prevent the contractor from completing the commitment of a prohibited verb or behavior, or
People may request that the contractor complete a commitment to the contractor without termination, and must complete the commitment of the contractor. In this case, however, the contractor is charged with 26 ncu clause and the final guarantee of the contractor, and the amount of additional precise guarantees, if any, is collected. This ticket can also be collected by deductible from the hapcats.
Regulations for termination of the Glossary
ARTICLE 22.- The termination of the contractor's annulment by article 19 has the expiration date of the term of 20 of the article (a) of the contractor, 20 of the (b) according to the 1st and the 21st amendment, the date of detection is annulled. In the seven days following these dates, the decision is made by the administration. This decision will be reported to the contractor within the five days following the decision date.
19, 20, and 21 are the exact collateral and, if any, additional final guarantees are recorded from the date of the date of termination, if the word is annulled. It is updated according to the monthly wholesale price index that is published by the State Institute of Public Health. The difference between the updated amount and the exact collateral and the amount of additional precise guarantees, if any, is collected from the contractor.
The amount of time that the guarantee has been made by making an outage was not made after the annulled date, as the amount of the revenue was to be saved. The amount of collateral that hits the quantity is also updated from the contractor by being updated to the first phase provision.
Revenue saved guarantees cannot be charged to the supplier's debt.
19, 20, 21 According to articles, the contractor will process the suppliers according to the provisions of 26 articles. In addition, due to the termination of the word, the administration is compensated for the damage and the ziyan contractor.
Fesp for Macca for a reason
ARTICLE 23.- If you terminate the termination of any reason, the account will be liquidated according to the general provisions, the final guarantee, and any additional final The temps are returned.
Task liquidation due to unforeseeable conditions
ARTICLE 24.- Service or construction commitments are determined to be completed with an increase in the cost of commitment, due to unforeseen circumstances. If it is, the account is liquidated according to the general provisions and the final guarantee is returned, if any, additional final collateral. In this case, however, it is imperative that the completion of the case in accordance with the tender document and the provisions of the commitment are required.
THIRD PART
Prohibit and Responsibilities
Forbidden verbs and behaviors
MADDE 25.- Prohibit the following verb or behavior in the application of the word:
a) Do not use promise, threat, influence, drive, understand, contact, dream, or otherwise to deal with the business in ways that are involved or not. This is what we call a report.
b) Edit, use, or service a fake document.
c) To use manipulated materials, tools or procedures, to use tools or procedures, to use tools or procedures, to use tools or procedures, is incomplete, undue, or flawed. Manufacturing.
d) To harm the administration while fulfilling its commitment.
to use the information and experience to the detriage of the administration or to act separately to the provisions of the 29th clause.
f) Not to fulfill its commitment in accordance with the provisions of the award document and the provisions of the Müngün.
g) Transfer or transfer of the Glossary to the 16th of the clause clause.
Prohibit from contributing to the public
ARTICLE 26.- The figure or behavior of the figure identified by the figure of pearl or behavior of the 25th term is to be determined by the privacy of the The decision to ban all public institutions and organizations covered by this Law by two years, not less than a year, is given by the Minister of State or related or the current ministry to ban the bids from the current office.
If there are any legal companies that are granted a restraining order against theRights, the company has a capital city, if it is a capital city. The real or legal entity, which has more than half of its capital, is granted a restraining order on partners according to the first phase of the first fikra. According to the fact that the ban on rights is real or legal, it would be more than half of its capital if they were partners in a company's company, if they were partners in capital city. They are also given a decision to ban this capital city from having to sign up for them.
These verbs or behaviors are identified by the same administration as the effective date the Prohibition decision will be effective. They are not.
Prohibition decisions are issued at the latest 30 days following date of verb or behavior that requires a ban. This decision is made in the Official Gazette. It will be sent in the latest day and on the date of release, in order to be published. These decisions are monitored by the Public Tender Institution, and records are held to those who are prohibited from taking public tenders.
People are concerned about this situation to do so, if they are involved in a situation that requires a ban on the 25th clause. It is obligated to notify the minister.
Contractors penalty liability
ARTICLE 27.- Turkish Punishment from verbs or behaviors identified in article 25, even if the business has been completed after completion and acceptance. According to the law, actual or legal persons involved in criminal acts or legal persons and those involved in the criminal complaint against the Turkish Criminal Code, including the provisions of the Turkish Penal Code, have been indicted for criminal charges. will be found. The response of the ban is to the tenders of all public institutions and organizations covered by this Law for up to three years, not less than a year, from the date of the prohibition against the ordinance, which is 26 ncis. They would be banned, along with the number two in the second fir of matter, from the court's decision.
Criminal penalties are due to the actual penalty or behavior specified in this Code, and more than half of these people's capital are due to their right to their right. The company is prohibited from continuing public tenders with a court decision, capital companies or other people's partners in the country.
According to the provisions of this clause, the court decision and the sentencing of the sentence shall be provided to the Public Tender Institution, to be used in the Republic's prosecutors ' records. They are also notified of related occupational rooms to be used for their record.
Court decisions for those who are repeatedly prohibited from taking public tenders are in the Official Gazette within ten days of Public Dignity notification. It will be announced by dissemination.
Penal responsibility for the taskGörevlilerin
MADDE 28.- The head and members of the examination and admission commissions, the reagents and the other in the process of being involved in the process of being met Disciplinary action is required if they are involved in the rights of their rights, in the case that they do not do their duties in accordance with the legal requirements or if they are in defective or defective transactions that will cause harm to one of the parties. is applied. In addition to the actual, verb or behavior, the penalty will be fired at the rights and are indemnized by the damages and the general provisions of the parties along with the sentence to be ruled. Administration officials who have been decided to open a public case cannot be deployed to the extent of this Law until the end of the trial.
Those who have been given any punishment for those entering the Law, those who have been fined, will be involved in all public institutions and organizations covered by this Law. They cannot be assigned to and assigned to the authorized and authorized personnel with the implementation of the law and related other legislation.
How to open information and documentsyasaðý
ARTICLE 29.- The implementation of this Law provides services to the officers and contractors, technical and financial structures of the contractors. information and documents that should remain confidential, they cannot use them or use them for the benefit of third party. On the contrary, those who act are applied to the items specified in Article 26 or 28 of the person.
Responsibility for suppliers and subcontractors in the business of the structureiþlerinde
ARTICLE 30.- Contractors and subcontractors do not do so in accordance with the science and art rules of the structure, using rigged materials and so on. is responsible for the loss and damage due to the due date of the period, as of the date of completion of the period, and for the period of approval from the date of approval of the final approval. This damage and loss to the supplier and subcontractors according to the general provisions are replenitable and indemptive. The 27 nci provisions are applied to the right of the right.
The responsibility of the building control officers
MADDE 31.- Administrative officers who perform a check-in check that the check does not comply with science and art rules due to lack of control. The contractor is responsible for the damage caused and by the contractor with the duration of the period of the period of ten years. The provisions of the 28th clause are applied in the right of the month.
The responsibility of the meeting service servers
MADDE 32.- In compliance services, the design error, application response, lack of control, cross-performance cost detection, current legislation do not do so, acting in accordance with professional ethics, the use of information and experience for the benefit of the administration and other causes of harm and service server, if the do control service is offered. The contractor with the contractor and subcontractors who assumed the job was The following is responsible for the duration of the year.
This damage and damage to the service server according to general provisions are replenitable and indempated. The 27 nci provisions are applied to the right of the right.
Supplier responsibility
ARTICLE 33.- To provide or use materials that are not defective or compliant with the framework of the Suppliers ' commitments, the commitment is to be made, and that is, the following name is He is responsible for the damages and damages that arise for reasons such as not being fulfilled in accordance with the provisions of the country. According to these damages and the general provisions, they are replenitable to the supplier and are redempated. The 27 nci provisions are applied to the right of the right.
The responsibility of the service servers
ARTICLE 34.- Selecting, ordering, or using materials that are defective or not compliant with standards within the framework of service servers commitments, The application is responsible for the damages and damages caused by the lack of control, commitment to commitment, and other reasons such as the implementation of the party. It is used to replende and indempate to the service server, according to these damages and the general provisions of the waste. The 27 nci provisions are applied to the right of the right.
FOURTH PART
Government Provisions
ARTICLE 35.- The provisions of the Public Ale Code apply to the guarantees of this Law.
Halts that do not have a government
ARTICLE 36.- The provisions of the Code of Debts are applied in the non-provision of this Law.
Tbligat
ARTICLE 37.--The provisions of the Tbligat Act are enforced on the right to be made in the non-provision of this Law.
Do not be dethused
ARTICLE 38.-The provisions of this Law are, however, regulated by the inclusion of this Law or by making delics in this Law.
Recent Provitions
MADDE 39.- a) The State Tender Code dated 8.9.1983, dated 8.9.1983, of which awards were held according to the Public Tender Act. provisions are not applied.
b) The provisions of the Diyaker laws, dated 8.9.1983 and exemption from the State-Islamic State of 2886, do not apply to these laws.
How to prepare for type commitments
INVALID ARTICLE 1.- The Public Ale Authority, by retrieving the visions of the relevant institutions and installations, to apply for the implementation of this Law It is set up in the Official Gazette by the time the Law is to be used.
Until they are effective, the administration continues to implement the current statement and provisions of the current commitment.
Effective
ARTICLE 40.- This law will take effect on 1.1.2003.
TICAD 41.- The Council of Ministers executes the provisions of this Law.
