Law No. 4734
Acceptance Date: 04/01/2002
PART ONE PART
General Provisions of Practice
ARTICLE 1. Purpose The purpose of this Act, which is subject to public law or under the supervision of the public or the public resource agencies using and it will be applied in the tender to determine the principles and procedures of the organization.
Article 2 - procurement of all kinds of resources to meet the goods or services received and works in the use of public administrations The following are governed by the provisions of this Act:
a) general budget apartments, including annexed budget administrations, special administrations and their associated municipalities; revolving organizations, associations, legal entities.
B) energy, water, including in the areas of transport and telecommunications sectors, state-owned enterprises, consisting of state-owned and state-owned enterprises.
C) social security institutions, mutual funds, established by special laws and their public duties given organizations with legal personality (except for professional organizations) with an independent budget institutions.
D) (a), (b) and (c) any kind of organization they are referred to in paragraphs public, institutions, associations, businesses and corporations.
E) construction tenders of the banks covered by Law No. 4603.
However, the Savings Deposit Insurance Fund and the banks under the Law No. 4603 with the banks that the Fund's shares to partially or wholly owned ((e), except for the construction tender referred to in point) is beyond the scope of this Act.
Article 3 - a) within the scope of law institutions, organizational goals or legislation process should evaluate, improve or directly from the manufacturer to sell or made from common agricultural or animal husbandry product purchases,
b) defense, security and related intelligence; aircraft, helicopters, ships, submarines, tanks, panzer, rockets, vehicles such as missiles, weapon materials and equipment and systems and their research and development, the scope of modernization software and ammunition procurement by state security intelligence, services, materials, equipment and system purchases,
c) international agreements which will be built with foreign financing pursuant to and financing agreements in the different procurement procedures and specified that the implementation of essential goods and services purchases works,
d) Administration of construction and purchasing goods or services of the institutions in foreign countries works,
e) the State Supply Office Home Statute located goods and materials to the institutions covered by the Act of State Supply Office purchases to be made by the General Directorate
f) cost necessary to carry out that and the support of research and development projects of national research and development institutions and service purchases,
is not subject to this law.
Definitions Article 4 - the implementation of this Act;
Goods: carried by Order all kinds of necessities taken and immovable property and rights,
Services: Maintenance and repair, transport, communications, insurance, research and development, accounting, market research and surveys, consulting, architecture and engineering publicity, printing and publishing, cleaning, food preparation and delivery, meeting, organization, presentation, protection and security, vocational training, photography, film, intellectual and fine art, services and software services for computer systems, movable and immovable property and rights renting and other similar services,
construction: Buildings, roads, railways, highways, airports, docks, harbors, shipyards, bridges, tunnels, subways, viaducts, sports facilities, infrastructure, pipe transmission line, communication and power transmission lines , dams, power plants, refineries, irrigation facilities, land reclamation, construction of all kinds, such as flood protection and overburden works and supplies related to this business, production, acquisition, transportation, completion, major repairs, restoration, landscaping, drilling, demolition, strengthening works with similar works, the
Supplier: the natural or legal person or joint venture in which they create their bidding on the purchase of goods tender
Services server: a natural or legal person who offers the service tenders or joint ventures that create them,
Consultant: consulting that information and use for the benefit of management experience, no organic not in ties with the contractors work that the consultant, managed the consulting services that no gain except the money, and consulting services serving servers,
construction contractors: Construction work natural or legal persons or joint ventures that create them bidder in the tender,
Candidate: any natural or legal person or joint venture they have created them when applying for pre-qualification,
joint venture: multiple real or group formed by agreement between the legal entities to participate in the tender,
bidder: goods or services received bidders to tender for the construction work suppliers, service providers or building contractor, the
domestic bidders: Turkey citizens real people with real people legal entities made up of,
Contractor: on who is awarded the contract signed eager,
Administration : institutions and organizations under this law to tender,
tender authority: the administration, procurement and expenditure making authority and responsibility to a person or boards and
Reference document: in particular willing to be used in determining competence of candidates participating in the pre-qualification tendering procedure presented documents
tender document: construction work subject to the tender purchases of goods or services; technical specifications of the project, including the job to be done with administrative specifications, including instructions to tenderers, the draft contract and other required documents and information,
Preliminary project: a certain structure according to the precise needs of the program; Without the necessary land and ground surveys, the information received from the map is built, the plan was prepared based on the data obtained, including the environmental impact assessment and feasibility reports, cross-project containing one or more solutions noted the appearance and profile
final project: a certain structure approved preliminary according to the project; possible made land and ground surveys, and sized structural elements, construction systems and materials specifications of the project is not specified,
Application project: a certain structure of the approved project noted that any details of the structure according to the definite project
Auctions: This the construction of the written procedure and condition of the goods or services received in the law works that left one chosen from among the bidders showing the tender process was completed with the signing of the consent of the competent subsequent contracts,
offer: basis in the tender will be made in accordance with this Law evaluation with the bid price offered by the bidder administrative documents and / or information
Open procedure: procedure can offer all tenderers,
tender procedure in certain bidders: Pre-qualification evaluation procedure can submit their tenders invited by the contracting entity,
Negotiated procedure: can be used in cases specified in this Act , in which two-stage tender process and the subject of the tender business administration with technical details and methods of performing certain cases the price of the procedure has met with eager
Direct supply: the need in cases specified in this Act, the bidder with the technical requirements were invited by the administration and the price of the consultation procedure can be supplied directly,
Contract: goods or a written agreement between the contracting entity, works with the service purchases of
Organization: Public Procurement Agency,
Assembly: the Public Procurement Board, would
Basic principles Article 5 - Administration, the tender will be made under this Act; transparency, competition, equal treatment, reliability, privacy, public supervision, is responsible for ensuring that needs are met on time and on favorable terms and the efficient use of resources.
Including acceptable unless there is a natural link the purchase of goods, services and works together can not be tender. indivisible parts of the works and purchases of goods or services in order to stay below the threshold
Tender will be held in open tender and procurement procedures according to this Law are the basic procedures of certain bidders. Other methods may be used in special circumstances specified in the law. inextricable tender for work without any
Accordance with the relevant legislation Environmental Impact Assessment (EIA) report is required jobs have been tendered to the EIA approval certificate is mandatory. However, in case of emergency and earthquake EIA report is not required.
Article 6 - The tender authority, including the president, provided that the experts of both the subject of the tender business, at least four people from the relevant administrative personnel, general and annexed budget of the institutions in the finance officer, while others from the accounting or financial affairs the responsible staff will be established with the participation of at least five and one group of people consisting of the tender commission, including appoint alternate members.
tender subject in the absence of the specialists, the administration may be members of the commission under this Act.
File a copy of the tender process in order to provide the required examinations, given the invitation or announcement within three days following the tender committee members.
The tender commission shall be collected in full. Commission decisions are taken by majority. Decision Abstentions are not allowed. President of the Commission and its members are responsible for their votes and decisions. Dissenting members of the commission, citing a letter to the commission's decision and must be signed.
Tender commission decisions taken and the minutes from the commission chairman and the names of its members, indicating surnames and titles are signed.
Tender process file Article 7 - The tender process for a file is issued for each job to be done. This file contains the certificate of approval from the contracting officer and attachment calculator related to the estimated cost of tender documents, notices texts submitted by candidates or tenderers applications or proposals and other documents, and all documents relating to the procurement process as the tender committee proceedings and decisions.
Tender Participation Rules
Thresholds Article 8 - The Law 13 and the application of Article 63 to be used considering the approximate cost thresholds are as follows:
a) apartments and supplementary budget included in the general budget seven hundred and fifty billion Turkish Liras in the administration of the goods or services received.
B) one trillion Turkish liras in other administrations of purchasing goods or services covered by the Law.
C) onyedibuçuk trillion Turkish Liras in the construction work of the agencies under the Act.
However, if Turkey's full membership to the European Union, European Union member countries instead of the threshold value for the European Union located in the Acquis thresholds apply.
Article 9 - Entity before the auction of the works of goods or services purchases, determine an estimated cost except value added tax, making research all kinds of prices and shown in a chart of accounts with rest and the approximate cost of the tender confidentiality is maintained until the conclusion. adequacy rules for participation in
Article 10 - than willing to participate in the tender, the information listed below as regards the determination of the professional and technical competence and economic and financial standing and documents may be requested:
a) to determine the economic and financial standing;
1) willing to be obtained from the Bank regarding the financial status of documents
2) bidder's balance sheets or required sections of the balance sheet,
3) The total turnover or under commitments related to the tender subject of business and finish the job of showing the bidder's business volume documents showing the amount.
B) to determine the professional and technical qualifications;
1) bidder's legally authorized documents proving that you are registered and that the bidding activity room about the need for legislation
2) the subject matter of the contract the tenderer or similar jobs; purchase goods and services for the past five years, documents showing the experience with works for the last fifteen years in the public or private sector in the contract if they perform at least 70% of the rate or check the Or, directed by administration flawless adopted similar business,
3) bidder's production and / or production capacity, and the documents intended to provide the research and development activities and quality
4) tenderer's organizational structure and procurement issues in sufficient number to meet the business and qualified staff run or that run that for information and / or documents,
5) Procurement services or works in the education of the willingness of the management staff and technical personnel to carry out the business and other evidence of professional qualifications,
6) Tender subject facilities necessary for the fulfillment of the business, machinery, equipment and other equipment related documents,
7) the tenderer to get connected directly or not, the documents relating to quality control, which is responsible for the technical staff or technical institutions
8) tender subject demonstrate the conformity of the work tender documents specified standards, international rules properly accredited quality control organizations by certificates issued,
9) Upon request of the Administration to be confirming the accuracy, samples of the goods to be supplied, catalogs and / or photos.
Subject of the tender according to the nature of the work which will be used in the evaluation of the adequacy of the information or documents referred to above are specified in the invitation or announcement on the tender documents or pre-qualification and tender documents.
The following are excluded from the tender bidders in the case of:
a) Bankruptcy, liquidation, carried out by a court, declared insolvency, suspended business activities or who is in a similar situation according to their own national laws and regulations.
B) Declaration of bankruptcy, compulsory liquidation is resolved, due to their debts to creditors under court administration or who are in a similar situation according to their own national laws and regulations.
C) Turkey or finalized in accordance with the legislative provisions of the country in which the social security premium debts.
D) Turkey or the final tax liability in accordance with the legislation of their respective countries.
E) the date of the Tender within the last five years, with any offense due to their business activities.
F) the date of the Tender within the last five years, as evidenced by the Administration that act against business or professional ethics during the works done to the Contracting Entity.
G) tender date, due to the legislation that has been banned from business activity by the registered chamber as.
H) fails to provide information and documents mentioned in this article or misleading information and / or documents are fraudulent.
I) According to Article 11, even though they are not involved in the tender to participate in the tender.
J) in Article 17, that are determined in prohibited acts and conduct. those who can not participate in
Article 11 - As mentioned directly or indirectly or as subcontractors below themselves or participate in any way in the auction on behalf of others:
a) this Act and in accordance with the provisions of other laws temporarily or permanently in public tenders Those prohibited from participating in the 3713 Anti-Terror Law, who were convicted of crimes that fall within the scope and organized crime.
B) Those of fraudulent bankruptcy by the relevant authorities.
C) contracting entity's procurement officers of boards having such authority to people.
D) any business of the contracting entity subject of the tender bidding process to prepare, execute, finalize and approve the staff.
e) (c) and (d) the persons mentioned in paragraphs spouses and second degree, third degree by blood and marriage up with adopted children and those who adopt.
F) (c), (d) and (e) the shareholders of the persons mentioned in paragraphs with companies (those people management excluding the incorporated companies that have more than 10% of which there are or capital on the boards). Contractors
Tender subject participate in a tender for consultancy services in this business. Likewise, the subject of the tender business contractors to participate in the tender for the consultancy services of that business. These prohibitions, their ownership and management relationships with companies and these companies also applies to companies that they own more than half of the capital. No matter
contracting entity located within or administration relating to set whatever purpose, foundations, associations, unions, and organizations such as crates companies in which they are to be established or partners participate in the tender of this administration.
Temporary guarantees excluded from the tender bidders participated in the tender despite these prohibitions revenue. Moreover, because this situation can not be identified in the assessment phase of the tender offer is made on one of them, the tender is canceled recorded income guarantee.
Article 12 - The goods or services with the purchase of works that feature all kinds of administrative and administrations preparation of technical specifications is essential. However, purchases of goods or services because of the characteristics of the works contracts, provided that it is not possible approval by the competent administrations preparation, technical specifications may hazırlattırıl according to the provisions of this Act.
The goods or services received and works to be included in the technical specifications of the technical criteria which is a part of the tender document. technical criteria to be determined, will be aimed at ensuring the efficiency and functionality, to include impeding competition and ensure equal opportunities for all bidders.
Technical specifications, if national and / or arrangements are made to ensure compliance with international technical standards. This specification covers the technical characteristics and identification. a specific brand, model, patent, origin, source or product can be specified, and no feature or definition for a specific brand or model.
However, national and / or international standards exist or specifications in case it is not possible to determine the "or equivalent" in a statement provided that the brand or model can be specified.
Tender announced time and rules
Article 13 - by all bidders sufficient time to prepare their proposals;
A) the estimated cost of the threshold value is located in Article 8 of the tender is equal to or in excess of these values;
1) announcement of which will be conducted by open tender procedure before at least forty days from the date of tender
2) at least twenty-five days before the pre-qualification announcement of which will be made by tender procedure in certain bidders the deadline,
3) Negotiated procedure with prior announcement of which will be at least twenty-five days from the date of the tender is made by publication at least once in the Official Gazette
Specific competencies as a result of prequalification of bidders in the tender will be invited to tender at least forty days before the letter must be sent to the bidders determined.
B) the estimated costs of the remaining tenders below the threshold specified in Article 8;
1) cost about twenty five billion Turkish Liras as of the goods or services received fifty billion construction works until the Turkish Lira tender from the tender date at least seven days before the place where the tender in one of the newspapers,
2) The approximate cost, Twenty-five billion and fifty billion two hundred and fifty to fifty billion with the goods or services received in Turkish Lira billion Turks of the works is between pound bid from the tender date at least fourteen days in advance in the Official Gazette,
3) estimated cost of over fifty billion Turkish Liras and threshold above which the goods or services received by two hundred and fifty billion Turkish Liras at the value and the threshold for at least twenty-one value from the tender date of the tender for the construction works under the day before in the Official Gazette, it will be announced by publication
at least once.
In case of no newspaper announced the tender on the ground that, by the administration within the same time governments and articles to be posted in the town hall notice board and is made by municipal facilities. This process is documented in a report.
Administration, auctions, according to the importance and work outside the compulsory declaration of the above-mentioned international declaration or other newspapers, resulting in the country or broadcast systems, data processing network or electronic communication (Internet) via also may declare. However, twelve days time in case of declaration of the above minimum international declaration.
ARTICLE 14. Joint ventures - more than one natural or legal person may submit bids for tenders by setting up a joint venture. The joint venture partner in the pilot phase of the tender on their own they are asked to do a joint venture agreement between the specified. In the case of being on the joint venture, partnership certified notary public must be given the contract before signing the contract. Both the partnership agreement as well as partnership agreements, joint fulfillment of the commitments of the joint venture and the natural or legal persons are referred to as jointly and severally liable.
Article 15 - If it is deemed necessary because of subject of the tender is characterized by tender stage to indicate the work they intend to make to subcontractors of the tenderer to submit the contract to manage the list of subcontractors before signing the check may be requested. But in this case, the responsibility of the subcontractors related to their work does not eliminate the responsibility of the contractor. Cancellation of the tender before the tender day
Article 16 - When deemed necessary or which hinder the performance of the tender documents in the tender documents and in cases where correction is possible no matter determined that the tender can be canceled before the tender day.
In this case, the reason for termination by cancellation of the tender will be announced immediately indicated to the tenderers. The cancellation of the tender offer to those who have reached this stage also be notified. In case of cancellation of the tender, all bids submitted shall be deemed rejected and such bids will be returned to the tenderers. It does not make any claims against the Contracting Entity because of the cancellation of the tender.
In case of cancellation of the tender, the reasons for cancellation may be revised and a new tender. Prohibited acts and behaviors
Article 17 - The following acts or conduct are prohibited in tender proceedings:
A) cheating, promise, threat, influence, interest, agreement, corruption, bribery or rigging operations concerning the tender through other means or attempt to do so.
B) tenderers to reduce the hesitation, to prevent participation, to offer agreement to tenderers or to encourage them, or behave in a way that will influence the tender decision.
C) to arrange fake documents or depositing counterfeit bonds, or attempting to use them.
D) Except for alternative bids, a bidder in the tender by itself or on behalf of others, directly or indirectly, in person or by proxy more than one bid.
E) According to Article 11, to participate in the tender, although it could not participate in the tender.
Provisions set forth in Chapter Four of this Act on which these prohibited acts and behavior are enforced. PART TWO PART
Tender Procedures Tender Process and Application
procurement procedures to be applied Article 18 - Administrations of goods or services received in the tender for the construction works are implemented by one of the following methods: | || a) open tendering.
B) procurement procedures in certain bidders.
C) Negotiated procedure.
D) direct supply.
Open procedure Article 19 - Open procedure is a procedure where all gave their tenders.
Certain bidders in tender procedures Article 20 - tendering of certain bidders, who were invited by the administration as a result of pre-qualification structures can submit their tenders. expertise of the nature of work and / or procurement of high technology requires an open tender procedure is not applicable due to the purchase of goods or services may be made in accordance with this procedure works.
Recognizing this procedure by at least twenty-five days time to prepare applications for pre-qualification of candidates will be announced in the tender is made.
Determined in accordance with the provisions of Article 10 and the pre-qualification documents prequalification prequalification of candidates is done according to the criteria mentioned in the declaration. Those who can not provide enough not accepted the minimum qualification requirements. granting a period of at least forty days to prepare their proposals to all candidates who are found to be sufficient invitation to tender letter is sent.
Prequalification adequate reasons for the lack of sufficient candidates are not notified in writing of the results. According to the nature of the business as determined in accordance with Article 10 of way to impede competition and the evaluation of the proposals made in accordance with the evaluation criteria specified in the letter of invitation to tender will be awarded to the tender documents. That the number of candidates invited to tender may be less than five or bidders tender is canceled if the number is less than three bidders. In case
bidder to cancel the tender because it is less than three bidders, by removal of errors and omissions, if any, by reviewing the tender documents, all bidders that have been pre-qualified may be finalized tenders will be invited again.
Article 21. Negotiated procedure - it can be awarded by negotiated procedure in the following cases:
a) open tendering or bidding out certain bidders in the tender held by tendering procedure.
B) natural disasters, epidemics, loss of life or property or the danger of sudden and unexpected is inevitable to conduct the tender procedures immediately upon the occurrence of unforeseen events by the administration.
C) it is necessary to conduct the tender procedures immediately upon the occurrence of specific events relating to defense and security.
D) the procurement is to be in need of research and development and mass production not subject to qualification.
E) The goods or services received in the original nature of the works and can not be determined because of the clarity that is required of the technical and financial aspects are complex.
(B) and (c) are not required to be declared in cases specified in paragraphs. However, this paragraph should be invited to tender will be made according to at least three bidders.
Announcement will be made in the case, said the announced tender operations in the field and management proficiency is noted that interviewed candidates detected. The declaration must be made both declared cases, only determined in accordance with Article 10 are made by the administration and interviews with those identified competencies according to the criteria mentioned in the tender documents.
Bidders, primarily presents the first proposals on issues such as the price does not include the subject matter of the tender technical details and realization methods. the tender commission on the most appropriate way to meet the needs of the administration methods and solutions are met with each bidder. As a result of technical discussions on the clarification of the terms of the willingness to meet these requirements, requirements clarified through review of technical specifications based on the bid price to make their way to the final bid will contain is requested.
(A), (b) and (c) the tender will be made according to me, concluded the tender offer made in negotiations on the final price.
(A), (d) and (e) that the tender offer will be made pursuant to sub tender will be canceled if the number is less than three bidders.
direct supply - without the need to declare the following cases be referred directly to the procurement procedure:
a) it is established can be met only by a natural or legal person's need.
B) have an exclusive right only about one natural or legal person's needs.
C) existing goods, equipment, technology or compliance with the service and the first intake of the following needed spare parts within three years to ensure standardization, except for the first purchase of additional materials or services being done can not be obtained from any other natural or legal persons.
D) the needs of the Administration which shall not exceed five billion Turkish lira.
E) the acquisition of immovable property appropriate to the needs of the Administration or hire.
(A), (b) and (c), according to me, is provided needs by interviewing the technical requirements and price needs of willingness by the administration to be invited by allowing sufficient time for the preparation of proposals to meet the most appropriate way.
(D) in the implementation of the clause, the tender commission was established without taking the needs and guarantees made by the person to be appointed to investigate the market price will be provided by the contracting officer. In accordance with this clause of the contract prepared for the supplies that need to be approved by a notary and to be registered it is not mandatory. (E) in the implementation of the clause is mandatory to research prices in the market.
ARTICLE 23 - Government architecture they deem necessary, landscape architecture, engineering, urban design projects, for the city and regional planning and related works of fine art plan or obtain design projects, the procedures will be set out in the relevant legislation and according to the principles proclaimed by making so as to ensure competition, winning can make or go unrewarded competition assessment to be made by a jury.
SECTION of the announcement of the tender and prequalification, tender document Issuance of mandatory tender
issues exist in the declaration of Article 24 - The tender document can not be included in the declaration on unspecified matters. in the advertisements is mandatory to include the following:
a) the name of the Administration, address, telephone and fax number.
B) the tender's name, characteristics, type, quantity.
C) purchase of goods delivery location in the tender, while the service procurement and construction tender place to do business.
D) the subject of the tender commencement and completion dates.
E) The tender procedure will be applied, as the rules of participation in the tender and what the required documents.
F) the criteria to be used in the qualification evaluation.
G) whether the tender is only open to domestic bidders, and whether the price advantage in favor of domestic tenderers.
H) where the tender document can be seen and which will be a price.
I) where the tender, the date and time and what procedures will be done.
J) where tenders would be up to the deadline.
K) tender and contract type.
L) the proposed price of between a minimum of 2% to 4%, the rate will be determined by a bid bond will be willing.
M) The period of validity of the tenders.
Essential issues exist in the pre-qualification notices Article 25 - can not be included in the declaration of the pre-qualification documents unspecified matters. in the pre-qualification shall include the following information is required:
a) the name of the Administration, address, telephone and fax number.
B) the tender's name, characteristics, type, quantity.
C) purchase of goods delivery location in the tender, while the service procurement and construction tender place to do business.
D) the commencement and completion date subject of the tender.
E) where the conditions for participation in the pre-qualification and required documents.
F) to be applied in the prequalification criteria.
G) whether the tender is only open to domestic bidders, and whether the price advantage in favor of domestic tenderers.
V) the prequalification document and where it can be seen what will be a price.
I) pre-qualification deadlines, place and time with the submission of the application. The lack of appropriate announcement
ARTICLE 26 - 13, 24 and non-compliance with the provisions in Article 25 were declared invalid. In this case, declared this article to properly tender or pre-qualification can not be renewed.
However, Article 13 except in cases of failure to comply with the specified Failure to declare or proclaim time, the case made the announcement at 24 and Article 25 of the provisions of improper errors found, by making the declaration of corrections to erroneous considerations in subsequent ten days of the publication of administrations announced tender or prequalification realizable.
Contents of the tender and prequalification documents and matters required to be included in the administrative specifications
Article 27 - the tender documents; technical specifications of the project, including the job to be done with administrative specifications, including instructions to tenderers, has a draft contract and other required documents and information. The prequalification document the conditions demanded of candidates, pre-qualification criteria and other necessary documents and information.
According to the tender specifications in the administrative issues which must be given a minimum of the following:
a) the name, qualifications, type and quantity of work in the service definition.
B) Name of Administration, address, telephone and fax number.
C) the tender procedure, the tender offer will be given where the date and time.
D) the instructions to tenderers.
E) Bidders sought in terms of documents and qualification criteria.
F) The description in the tender document did not want and method of construction.
G) the validity period of the Offer.
H) subject to the tender offer that it is possible to be given to all or part of the business, the purchase of goods can not be granted in the tender offer alternatives.
I) Transport, insurance, taxes, duties and levies to be included in the tender price.
J) receipt of tenders, opening and should be applied in the evaluation procedures and principles set forth in this Law.
K) the decision of procurement contracts should be applied until the signing and the procedures and principles set forth in this Law.
L) whether the tender is only open to domestic bidders, and whether the price advantage in favor of domestic tenderers.
M) tender and contract type.
N) the amount and terms of guarantee and performance bond rates.
O) the day before the tender is free of the administration to cancel the tender.
P) to reject all bids and to be free of the administration to cancel the tender.
R) the commencement and completion dates of the tender subject, be replaced, penalties will be taken in terms of delivery and delays.
S) whether an advance payment to the location and conditions, if the conditions given for the amount of the contracted works and what form of payment of you if the price difference.
T) Cases and conditions for permitting extension periods.
U) taxes and other expenses to be paid and by whom the relevant contracts with the mortars.
V) Construction of the work and conditions for construction supervision and responsibility of insuring the workplace.
Y) audit requirements for the inspection and acceptance procedures.
Z) Settlement of disputes.
Tender and prequalification document Article 28 - tender and prequalification document management bonus can be seen. However, pre-qualification of bidders or wishing to participate in the tender are required to purchase this document. Document fee will not exceed the cost of preparing and determined manner administrations to prevent competition.
Modification or disclosure of tender documents
ARTICLE 29. - After the announcement of amendments to the tender documents is essential. If forced to make changes, and reasons must be recorded in the minutes that it requires previous announcements shall be declared void and work in the same way again.
However, after the announcement, which may affect the realization of the preparation of proposals or material or technical errors or failures or shortcomings Entity determines if the bidders in writing, modifications to the tender documents. Made a binding part of the tender document addendum relating to these changes, all the way in the tender documents will be sent to the area to ensure they are familiar with at least ten days prior to the final submission date. Due to changes made with the addendum to prepare the proposal if needed, additional time may be delayed by up to twenty days in an addendum to make a one-time tender date. In case an addendum is issued to withdraw their proposal to the bidders who have submitted their bids before this arrangement, it provided the opportunity to bid again.
You can also tenderers from the day preparing the tender document describes the requirements for submission of bids in relation to the matters heard requests for clarification in writing up to twenty days. This request by the contracting entity will be deemed appropriate, in this date until tender document fields so as to ensure they are familiar with in the ten days before the final submission date to all tenderers and request for clarification sent in writing willing specifying.
SECTION Submission of Proposals and Application preparation and submission of Article 30
Offer - Offer letter and as a condition to participate in the tender, including the temporary guarantee all required documentation is placed in an envelope. The name on the envelope, surname or trade title, full notification address, the subject of the tender and the full address of the Contracting Entity is written. The seal of the envelope is signed and sealed.
Proposals shall be submitted in writing and signed letter. be stated that read and accepted tender document to the offer letter completely, the proposed price of the letters and numbers written clearly and consistently, over erasure, deletion, correction on offer and the letter of the name, surname or trade title must be signed by authorized persons with the statement. In procurement of goods, if there is a provision on submission of tender documents and alternative proposals, it presented alternative proposals prepared in the same way.
Proposals are submitted to the administration in return for consecutively numbered bidding until the time specified in the tender documents. Bids received after this time will not be accepted and will be returned unopened. Bids can be sent as registered mail. Bids sent by mail must be received by the administration until the time of the tender specified in the tender documents. The time of receipt of offers which will be due to delays in the post will be recorded in the minutes.
Bids addendum issuing irrevocable and can not be changed for any reason.
ARTICLE 31. Application submission of documents - required as a condition to participate in all pre-qualification documents submitted to the administration in accordance with the rules and procedures in the first and third paragraph of Article 30.
Offer validity of Article 32 - The period of validity of tenders specified in the tender documents. Administration needs time to hear this case, provided that changing the terms of the contract and acceptance of the bid and bidders in the tender offer document specified validity period can be extended.
ARTICLE 33 - In the tender, including, but not more than less than 4% from 2% of the price offered, while the consultancy services tender, but not less than 2% of the price offered, the amount will be given by the bidder temporary collateral is taken.
Values will be accepted as collateral Article 34 - Values to be accepted as collateral are as follows:
a) Turkish Lira.
B) Letters of guarantee issued by banks.
C) Debt securities issued by the Undersecretariat of Treasury and documents issued instead of debt.
Related according to the legislation allowed to operate in Turkey the foreign banks held their letters of guarantee by banks operating outside Turkey or similar credit guarantee institutions they regulate the banks operating in Turkey on counter-letters are accepted as collateral.
(C) specified in paragraph securities and those issued by adding interest to the nominal value of the documents issued in lieu of such securities will be accepted as guarantee over the sales value corresponding to the principal.
deposit collateral other than letters can not be delivered by the tender committees. It shall be paid to the accounting offices or headquarters. a bidder on the most economically advantageous tender
Guarantees of the second bidder willing to be submitted to accounting offices or departments following the auction. Guarantees of the other tenderers shall be returned immediately. In case of signing a contract with the tenderer willing economically after the second most advantageous bidder it will be returned immediately after the signing of the contract of guarantee.
Guarantees may be exchanged with other assets acceptable as collateral. Each
whatever circumstances, the guarantees received by the authorities seized and on the injunction.
Bank letters of guarantee Article 35 - the Public Procurement Authority to determine the scope and form of letters of guarantees given by banks is authorized under this Act.
32- by at least thirty days to record more term of validity of the bids according to the article, the bid bond specified period. In case of extension of bid validity, the duration of temporary letters of guarantee will be extended by the same period. The duration of the performance bonds shall be determined by the administration by taking into account the subject matter of the contract end date.
Letters of Guarantee issued in violation of the relevant legislation can not be accepted. SECTION FOUR Evaluation of Proposals
receipt of bids and opening
Article 36 - Proposals are submitted to the administration by the end of bidding time specified in the tender documents. Tender commission are determined by a report that the number of proposals submitted in the tender documents the specified time, announced to the audience and immediately commenced tender. The tender commission will examine the tender envelopes in order of receipt. incompatible with the first paragraph of Article 30 envelopes will not be determined by an evaluation report. Envelopes will be opened in order of receipt in front of the presence of the tenderers.
Tenderers of the documents is missing and checked whether it is in accordance with the bid bond and letter of offer. Documents are missing or tender letters and bid bonds are not willing to be duly recorded in the minutes. Bidders describes their bid prices. The report related to the transaction signed by the tender commission. At this stage; no offer rejection or acceptance of the decision, the documents constituting the bid can not be corrected and completed. Bids closed session to be evaluated immediately by the tender commission. Evaluation of Proposals
Article 37 - Examination of proposals Upon the request of the tender commission may request in writing to clarify their bid willing and able to take advantage of the unclear aspects of the comparison and evaluation. However, this statement, the bid price in any way not in accordance with the conditions specified in the tender documents or tender offer is not desirable in order to make appropriate changes and will be made. In the evaluation of
Offer primarily documentation is missing or incomplete tender letters and bid bonds duly decided in the disqualification of the Bidders detected in the first session by Article 36 is not appropriate. However, with the proviso that a nature to alter the substance of the proposal, in or documents are documents missing if there is a lack of unimportant information, the willingness within the period determined by the administration of these missing documents or information requested in writing. Bidders missing documents or information shall be excluded from the evaluation. After this first evaluation and procedures that result in the documents are complete and duly bid bond tender letters with detailed evaluation of the tenderers' bids. At this stage, it examined for the presence of the bidders' capacity to carry out the work subject of the tender offer and meets the conditions of the qualification criteria specified in the tender documents. Tenders determined to be appropriate will be excluded from evaluation.
In the final stage, it is controlled by the tenderer of the offer letter there is any arithmetic error in statements enclosed. Quoted prices are showing offer letter in multiplication and addition of a total of arithmetic errors in tabular form, with the condition on the basis of the unit prices offered by the tenderers, arithmetic errors are automatically corrected by the tender commission. The tender found as a result of this correction is considered as the main bidder and will be notified in writing forthwith. following the date of the notification to accept the corrected Bidder shall notify in writing within five days. The report on the corrected time is willing to accept the offer or does not answer within this time, it is excluded from the evaluation of the bids and the bid bond revenue.
Abnormally low tenders Article 38 - After evaluating the bids of the tender commission in accordance with Article 37, the estimated cost of the bid price or other bid management has detected an abnormally low ones. Before rejecting these proposals, proposals from bidders within the period determined on the components identified important details that wish in writing.
A) of the manufacturing process to be economical in the services and construction methods,
b) The selected technical solutions and advantageous terms to be used in the fulfillment of the supply or construction work of the bidders of goods and services,
c) the proposed goods, services or the originality of the construction work, taking into account documented in a written statement made by
Issues, evaluate abnormally low offers. In this evaluation, the explanation is not deemed satisfactory or rejected the proposals of the bidders are not in a written statement.
To reject all bids and cancellation of the tender
ARTICLE 39. - provided that specified in the tender document, at any stage prior approval of the contracting officer, Upon the decision of the tender commission is free to cancel the tender reject all bids given. this shall immediately be notified to all the bidders in case of cancellation of the tender. Administration does not assume any liability for rejecting all bids. However, if the administration has not requested any of the bidders notify all tenderers of the reasons for the cancellation of the tender. The determination and approval of the Tender
ARTICLE 40 - 37 and the result of the tender evaluation according to Article 38, is left to the tenderer who offers the most advantageous economically.
Most advantageous tender in economic terms only in cases which can not be determined based on the lowest price basis; operating and maintenance costs, cost-effectiveness, efficiency, taking into account factors other than price, quality and technical value determined most economically advantageous tender. factors other than price Economically most advantageous offer in the tender will be determined taking into account, it must be expressed in monetary value of these elements in the tender documents. tender documents for elements which can not be expressed in monetary values are determined relative weights.
Article 63 of this Law, according to the tender document specified substances in domestic bidders will be provided in the tender price advantage, determining the most economically advantageous tender offer is concluded by applying this price advantage.
Lowest price in the tender is evaluated as economically most advantageous tender, more than has been offered at the same price by the bidder and it is understood that these are also the most economically advantageous tender, taking into account factors other than price specified in the second paragraph the most economically advantageous tender determined tender will be awarded.
By determining the decision of the tender commission reasoned, for approval of the contracting officer. The decisions shall include trade names or titles, the proposed fee, tender on the grounds on which the history and what is done with the willing, stated the reasons for the decisions.
Tender authority approves the tender decision at the latest within twenty days following the date of the decision or cancel by clearly indicating the reasons.
Tender; If adopted, the decision applies if the cancellation is deemed null and void. Tender
decisions administrations prior approval of the contracting officer, confirmed by moving the said article that is not prohibited by Article 58 of the remaining bidders on the auction is obliged to add to this document, the tender decision. Notification of final procurement decision
ARTICLE 41 - tender, bidding decisions tender within three days as days following approval by the authority, must be submitted to all bidder in the tender, including left on the auction will be notified by registered mail to the correspondence address by registered mail. The fourteenth day following the date of the mailing date of the notification shall be deemed to tenderers of the decision.
Tender bidders participating in the evaluation of the proposal to be taken within five days following the date of notification or not eligible if they make a written request following the date requested administration shall give the reasons in writing within five days.
In case of cancellation of the tender by the contracting authority shall also be notified to the bidders in the same way.
Invitation to contract
Article 42 - Article 41 of the expiry of the period specified in the second paragraph or in case you need a visa to the Ministry of Finance from the day following the notification of the conclusion of this visa bidder on the tender within three days, cut within ten days of the date of notification the issue of signing the contract by giving the guarantee, return notified by registered mail to the correspondence address by registered mail. The following shall be deemed to be the mailing date of notification of the willing seventh day decisions. However, this notification may also managed by the tenderer's signature. The invitation
accordance with Article 43 of the contract performance bond tender before taking the consultancy contract, made in accordance with the provisions of the first paragraph demanding an absolute guarantee.
ARTICLE 43. - In order to ensure that the commitment of the contract and the fulfillment according to the tender document provisions, the bidder on the tender before the conclusion of the contract will be a performance bond rate of 6% to be calculated on the tender price.
However, the consultancy tender to be specified in the tender documents may be taken before the performance bond contract. In this case, retained as deductions from each progress payment guarantees will be held 6%. The duties and responsibilities of the willing in making
Convention Article 44 - giving the performance guarantee in accordance with Article 42 and 43 on the remaining bidders are required to sign a contract tender. Immediately after signing the contract, a bid bond will be returned.
Failure to comply with these obligations, protest and willing to bid bond tender without the need to take over the remaining provisions of income. In such a case, the most economically advantageous bid price of the second record is deemed appropriate by the contracting officer, the bidder may enter into contracts based on the principles and procedures specified in the Law and willing. However, with the most economically advantageous second bid to sign a contract with eager, economically the second most advantageous bid owner shall be notified as specified in the willingness to Article 42 of article 42 of the expiration of the ten-day period in Article within three days.
Second economically most advantageous bidder in case of signing the contract, the bidder of the tender is canceled temporarily recorded in the income guarantee. The duties and responsibilities of the administration in making
Convention Article 45 - Administration, 42 and 44. The third issue of the contract within the periods prescribed in Article is obliged to carry out his duties. Administration fails to fulfill this obligation, tenderers from the day following the end of the period at the latest within five days, ten days, provided notice of the report period by a notary, waive the commitment. In this case the bid bond will be returned and are entitled to ask for documented expenses made for the issuing of the guarantee. This damage shall compensate for that reason, and also the provisions of Article 60 rights apply.
Connect to Article 46 of the contract - Made all tenders connected to a contract. Contract administration is prepared and the tender is approved by a notary and signed by the contractor is registered with the authority. In case of joint venture the contract will be signed by all partners of the joint venture.
Violation of the conditions specified in the tender documents can not be edited contract.
announcement of tender results
ARTICLE 47. - The contract price of the goods or services received a trillion in the tender, while the tender for construction of two trillion exceeding the tender results of the tenders, contracts the Court Presidency of registration of the notification to the administration, the registration of the cases it is not necessary that the registration is approved by the notary contract following the date of publication in the Official Gazette no later than fifteen days it shall be announced by.
Administration tenders according to the nature and importance of the subject matter of the tender results, both domestically and abroad, the other newspapers or broadcast media, information processing or electronic communication network (the Internet) with the way they also may declare.
Announcement is given in the following points:
a) contracting entity.
B) the date of the tender.
C) The tender procedure.
D) the name of the subject of the tender, the nature, type, quantity and location.
E) the number of bidders participating in the tender.
F) the tenderer awarded on the name or trade name.
G) of the contract price.
H) the amount of which will be met from the source and the source of the contract price.
I) Business start and end date. SECTION V with
Special Provisions Consulting Services Procurement Consulting Services
ARTICLE 48 - EIA report preparation, studies and projects, and cadastral maps, plans, application development, design, preparation of technical specifications, controls, such as technical, financial, legal or other nature as the area is extensive and complex, may be the service provider of consulting services that require specialized expertise and experience.
Consulting services contracts are carried out according to the provisions of this Act. However, candidates and special provisions apply in this section and in the evaluation and selection of bidders. Consulting services, in accordance with the provisions of this section will be awarded only to certain bidders in tender procedures.
Willing prequalification and determination of Article 49 - Pre-qualification shall be made within the period and principles set out in Article 13.
The pre-qualification announcement made in accordance with the provisions of this Act, the general eligibility of candidates, information regarding specified prequalification criteria to assess the financial capacity and technical capabilities are located. Also in this announcement, and to the short-listed number or range of candidates will be invited to submit tenders.
Pre-qualification shall result in the candidates who apply, the result of the evaluation according to the pre-qualification documents and proclamations stated in the pre-qualification criteria, which would include at least three and no more than ten candidates competencies among those identified a short list.
Invitation to tender
Article 50 - Article 49 based on the generated list of the candidates, technical and granting a period of at least forty days in order to prepare financial bids will be sent a letter of invitation to tender together with the tender documents. Pre-qualification evaluation results are not sufficient with the candidates who are not on the short list shall be notified in writing. the number of candidates invited to tender can be invited to the event less than three letters can not be sent and the tender will be made.
Tenders for preparing matters regarding required disclosure in the tender documents from the last bidding day may request a written explanation to twenty days. According to statements made in case of the contracting entity, it is sent in writing so as to ensure they are aware of at least ten days before the date for submission of tenders to all tenderers shortlisted located. After
sent a letter of invitation, offer or that may affect the realization of the preparation of the material or technical errors or failures or shortcomings Entity determines if the bidders in writing, modifications to the tender documents. These amendments to the tender documents for a binding part of the addendum to all tenderers in the short list will be sent in a way that ensure they are familiar with at least ten days prior to the final submission date. Due to changes made with the addendum to prepare the proposal if needed, additional time may be delayed up to two days, including a one-time tender date. In case an addendum is issued to withdraw their proposal to the bidders who have submitted their bids before this arrangement, it provided the opportunity to bid again. preparation and issuance of
Article 51 - the price offered to the subject of the tender offer consultancy services with a letter that includes temporary guarantee creates the willingness of the financial proposals. These shall be put in an envelope with the statement that the financial offer. The offer letter of Article 30 are obliged to comply with the requirements.
all other required documentation for technical evaluation forms the willingness of the technical proposal. This proposal, which is placed in a separate envelope on technical proposals by written.
Both on the envelope shall indicate the name, surname or trade title, full notification address and the written offer which is the subject. The seal of the envelope is signed and sealed. The envelopes containing the
financial and technical proposals put both of them in a separate envelope or package to the name on the surname or trade title, full notification address, presented by offer which is hired by and written to the address of the Contracting Entity. The evaluation of bids and making the tender
ARTICLE 52. - The tender commission is given to few hours of the tender offer to be recorded in writing, announced to the audience and immediately commenced tender. The tender commission will examine the tender envelopes in order of receipt. incompatible with the first paragraph of Article 30 envelopes will not be determined by an evaluation report. envelopes containing the technical proposals shall be opened in order of receipt in front of the presence of the tenderers, it is checked whether all of the required documents and fully given case will be determined in a report. The envelopes containing the financial offers by connecting to a report being opened by the tender commission in bulk and packaged, signed and sealed and taken into custody. At this stage; no offer rejection or acceptance of the decision, the documents constituting the bid can not be corrected and completed. Bids closed session to be evaluated immediately by the tender commission.
Bids except for issuing an addendum for any reason can not be undone and changed. evaluation of bids in the tender
consulting services, is done in two stages, namely technical and financial evaluation. In the first stage technical proposal and financial proposal in the second stage of evaluation is performed separately for each scoring two stages. The overall score is determined as a result of the calculations made taking into account the weight coefficients are determined for technical and financial points. Technical and financial score weighting coefficients, the technical points of the nature of the services being higher weight and at different rates determined by the originality.
Technical evaluation criteria in the tender will be determined in accordance with the criteria set out in Article 10. The tender document and invited the determination of the criteria stated in the letter; Experience in fulfilling contracts of a similar nature and scale of the proposed method of work, organizational structure, training and professional qualifications of the technical staff to carry out the business manager with the staff will prevail.
in the evaluation of bids, technical evaluation will primarily be willing to examine whether the conditions required are regulated in accordance with the tender documents of all documents. Tenders or missing documents that were found to be in accordance with required conditions will be excluded. However, with the proviso that a nature to alter the substance of the proposal, in or documents are documents missing if there is a lack of unimportant information, the willingness within the period determined by the administration of these missing documents or information requested in writing. Bidders missing documents or information shall be excluded from the evaluation.
The tender commission shall determine the bidding documents and letters of invitation specified in the technical evaluation criteria and based on a technical evaluation of the bidders' technical score points. Set of tender documents to the bidders bid below the minimum technical score evaluation score will be excluded.
Documents are missing or required conditions that are determined to be appropriate or minimum technical score score below the bidders, evaluation is excluded and the date to open the financial proposals of the opening of the financial proposals and time notified in writing would be returned by hand to themselves or their deputies. On the same date, the date of the financial bids will be opened also keen on the minimum technical score and score and time will be notified in writing.
Tender commission reported date and time of the technical points primarily technical evaluation results are announced to those present. Tender commission, which collectively kept secured and opens the package containing the financial bids. financial offer envelopes of bidders dropped out of the evaluation bids shall be returned unopened by hand to themselves or their deputies, it is removed from the auction hall bidders. After these procedures, the minimum technical score and financial bid envelopes are opened, and the willingness on the score recorded in a minute reading bid prices. The envelopes of the financial proposals can not be returned immediately after the conclusion of the tender is sent by mail.
No financial offer temporary coverage in the offer letter or inappropriate duly disqualified bidders assessment is recorded in the minutes. Letter of Offer with the bid bond is determined by the willingness of the appropriate financial scores.
These points bidders of technical and financial scores multiplied by the total weight coefficients specified in the tender documents are detected. Total score is the highest bidders job description, contract terms, and staff are invited to negotiate the financial proposal. However, these discussions should not lead to any significant change in the conditions specified in the tender documents. If the negotiations result in terms of the agreed deal netted, this is done bidders in the tender.
decision by the tender commission tender submitted for the approval of the authorities. Although the tender
remaining on the agreement reached in the negotiations willing to sign the contract fails to fulfill its obligations, the administration temporarily guarantee revenue. In this case, provided that the tender offer price deemed appropriate by the authority, the agreement was signed by the bidder to the negotiations with the second-highest total score. The second bidder fails to fulfill the obligation to sign the contract, managed by the temporary guarantee of income.
Both the pre-qualification tender in either case there are less than three candidates or tenderers as a result of technical or financial evaluation.
Public Procurement Agency of Investigation of Complaints and Dispute Resolution PART
Public Procurement Agency Public Procurement Agency
Article 53 - a) to perform the duties assigned by this law public legal entity with administrative and financial autonomy with the Public Procurement Agency has been established. Public Procurement Agency, the principles set forth in this Law, officials on the implementation of procedures and operations correctly and authorized.
Authority Ministry is relative to the Ministry of Finance. The Agency is headquartered in Ankara.
Authority is independent in performing his duties. No organ, authority or person can give orders or instructions to influence the decisions of the Authority.
Public Procurement Authority; Public Procurement Board, composed of the Presidency and service units.
B) the Authority's duties and powers in respect of tenders made in accordance with this Law are as follows:
1) in the tender process conducted by the administration in the period up to the signing of the contract from the beginning to conclude by examining the complaint that do not comply with this Act and related regulations.
2) of this Act and all legislation relating to Public Procurement Contracts Law, prepare standard tender documents and contracts, develop and guide the implementation.
3) to provide training on procurement legislation to provide national and international coordination.
4) determined by the Authority about the way of tender and contracts to collect information, quantity, price and other issues to create and publish statistics.
5) to keep the records of those who are prohibited from participating in tenders.
6) to carry out research and development activities.
7) related to the tender notices principles and procedures to edit, print or electronic media to publish the Public Procurement Bulletin.
8) domestic bidders, if it is determined that prevented from participating in tenders in foreign countries, also the willingness of the countries where this practice to take measures to prevent their participation in the tenders made under this Act and the Cabinet to ensure the necessary arrangements to make proposals to the Council.
9) the institution's annual budget to prepare final accounts and annual reports, the implementation of the Authority's budget, and to arrange the collection of revenues and expenses.
Authority as it deems necessary, the provisions of this Law and related legislation also allegations of violation and concludes.
Authority, all public and private institutions in the fulfillment of their duties, organizations and individuals of the document, you can ask for information and opinions. The document is to be submitted within the required period of information and opinions.
Authority of this Act by the Board and the Public Procurement Contracts Law on the implementation of the standard tender documents, contract type is authorized to issue regulations and communiqués. Establishment and powers of the Authority uses by establishing regulatory transactions and taking specific decisions. Standard tender documents, form contracts, regulations and notices published in the Official Gazette.
C) any decision-making body of the Chairman, one of the Public Procurement Board consisting of ten members, including the vice-president. Public Procurement Board members; Ministry of Finance will recommend two people, three people who suggested the Ministry of Finance, the Treasury of the dependent is a person who suggested the State Council and the Court of Auditors Presidency of the Ministry that, Turkey Chambers and the Association of Stock Exchange by Turkey Confederation of Employers' Unions, one person will be nominated from the professional groups concerned with public procurement the Council of Ministers is appointed. The Council of Ministers is appointed as President of one of the appointed members. Chairman of the Board, the Board is also the chairman. One member is elected as the Chairman of the Board. at least four years of education that the law of
Member, economics, political science, business administration, economics and administrative sciences, as equivalent thereto with architecture and engineering faculties must be graduates of higher education institutions in the authorities accepted abroad. the person to be proposed to the Board membership; The presence of at least twelve years of service in public institutions (except that the subject matter expert, Turkey Chambers and Commodity Exchanges of Turkey and Employers' Unions in the organization of the candidates proposed by the Confederation of work is not required), the proceedings related to public procurement legislation, inspection, monitoring, applications or consultation issues actually at least four years studying national or to have proven qualifications and experience in terms of international procurement legislation, including a lack of past and still must be nominated by political party membership and recruitment of relationships. Turkey Chambers and Commodity Exchanges of Turkey and Employers' Unions 657 candidates proposed by the Confederation of Civil Servants No. Law Article 48 (A) of paragraph (1), (4), (5), (6) and (7) the number specified in subparagraph Terms of transport it is mandatory. The term of office of five years
Board members. A member can not be selected more than once. It can not be served before the end of the term of office of Board members. However, members have a serious illness or disability business see their due, the task will be dismissed before the expiration of the approval of Prime Minister in case of losing the circumstances of, or assignment being convicted or infamous crimes of abuse. Or be dismissed due to the expiration time for any reason within one month to reassign the vacant Board membership is made according to the principles outlined above. In these cases, the assigned member completes the member's term of office was appointed instead. the execution of the decisions taken by the Board with the general management and representation of the Agency
belongs to the president. President vacation, illness, domestic or overseas assignment and shall represent the second chairperson dismissal cases.
D) Board members, Supreme Court of the First Presidency before the membership of the Board shall fulfill their duties in an impartial and honest during the continuation of this Law, and they will not act contrary to the provisions of the relevant legislation and that they will swear to disclose. The application for the Supreme Court the oath shall be considered urgent. Board members taking oath start working.
E) The members of the public or private unless based on a special law never get a job, trade does not engage, can be found in self-employed activities, a fee can not conference or course, shareholder or manager can not be in all kinds of commercial partnerships. Committee members, before beginning to work outside the securities for debt issued by the Treasury that they have, they are the natural or legal persons operating in the market affiliates of all types of shares or securities of the third degree by blood and second degree marriage up and adoption of external including their terms of office sell or transfer within thirty days following the start is difficult to remove by hand. This provision shall be deemed to have withdrawn from membership of Members appropriate action.
Board members and Agency personnel to the relevant during the fulfillment of their duties and the third person to be kept confidential acquired the information and documents from persons and from authorized by law for that matter, the benefit can not use their own or third parties. This obligation continues after leaving office. Board members and Institute staff, because they have committed a civil servant in terms of tasks and are considered as crimes committed against them and about them No. 4483 Law on the Trial of Civil Servants and Other Public Employees shall apply. The investigation permits, the Minister related to the Board Chairman and members of the Authority for the staff is given by the President of the Authority.
F) Board member duties and as long as the start date of the resignation and one month following tasks must continue to declare general merchandise each year.
G) The Board shall have the president, or the president of a member state upon the invitation of the vice-president will meet with the exact number and often makes decisions. The majority of the side of the President in case of equality of votes is considered. Board members can not use abstentions. Board members are responsible for their votes and decisions. Allow report, yet to appoint or assign the case to be vacant position can be collected with a minimum of seven members.
Committee members, a meeting related to decisions concerning themselves with the adoption of the third degree by blood and marriage up to second degree and can not participate in the vote.
Reasons other than stated in this Law shall be deemed to have resigned from the membership of a member to participate in five meetings in a calendar year.
H) three presidents by the Board to assist the President in his duties may be assigned to help. Vice President of the Board members appointed qualifications sought among those who have the qualifications or at least a four-year study of law, economics, political science, business administration, economics and administrative sciences, architecture and engineering faculties and graduated from their equivalence to the authorities accepted higher education institutions abroad then assigned as a perpetual institution for at least ten years from the professional staff who works as.
The organization's services unit of the organization's functions and powers as the number of departments that require an active main service units, consisting of advisory units and supporting units.
Essential and permanent functions required by the Agency's service, professional staff consisting of assistant public procurement carried out by specialists and experts and other personnel. They are employed on a contractual basis.
Public procurement expert will be appointed deputy; At least one of the foreign languages specified in the regulations, a good level of knowledge, at least four-year education in law, economics, political science, business administration, economics and administrative sciences, architecture and engineering faculties and their equivalence is to graduate from the authorities accepted higher education institutions abroad, regulations on the first day of January of the year of the exam to be successful and mentioned the special competitive examination must be under thirty years of age. Those assigned in this manner to the deputy public procurement legislation, at least three years of actual work, each year positive track record of the area and determined by regulation such as current performance with that training activities were primarily and public procurement specialist tasks within the criteria successfully negotiated can conduct to enter the public procurement expertise proficiency exam eligible. Those who pass the qualification examination are appointed as a specialist in public procurement, public procurement expertise with those who qualify to enter the proficiency exam in the examination of the cut institution with accompanying unsuccessful. their profession and qualification examinations of public procurement specialists, duties and responsibilities, study issues related to the principles and procedures of a regulation to be issued by the Board.
Organization's service units and their duties and responsibilities, assignment of staff and work will be executed with the principles and procedures for contract staff of the title, number and characteristics of Ministers upon the opinion of the Board's recommendation and Ministry of Finance regulation to be issued by the Council.
Authority staff, without prejudice to the provisions stipulated in this law are subject to the Civil Servants Law No. 657.
I) monthly salaries of the president and members designated by the Council of Ministers upon the recommendation of the Minister of Finance.
Authority and other financial and social rights and wages of personnel, the Council of Ministers amount to be determined on the opinion of the Board and the Finance Ministry's proposal, determined by the Board within the framework of principles and procedures.
Board members who are appointed by the Republic of Turkey 5434 Agency personnel are subject to the provisions of the Pension Fund Act. State Secretary to the Chairman of the Board in terms of retirement, the Deputy Undersecretary of the Ministry of the members of the Board, Director General of the Ministry of the Corporation Vice President, additional indicators identified for the Subsidiary Body for General Department of the Head Director of the authorities and represent other financial provisions for compensation apply. The time spent on this task and considered compensation authorities in tasks that require the payment of past high executive compensation.
Chairman and Board member who has been appointed to the established case law prior to assignment of requests that are connected to other social security institutions will continue their commitment to this institution and the provisions above shall not apply to them.
Chairman of the Board and appointed to the Board at the time they worked with former task dismissed from membership. However, those who are appointed to membership when public officials involved in the Agency tasks of ending the date thirty days by the Minister or appoint the competent authorities concerned if they apply the old institutions vested assigned to the appropriate staff. In this case, the time spent in the service of the Agency is assessed according to provisions that subject. These provisions also apply to staff from universities without prejudice to the provisions relating to the acquisition of academic titles.
J) Corporate income are as follows:
1) visa and registration of the subject of the contract, three of the eleven will be charged to the contractor of the contract price.
2) one hundred and fifty million Turkish Lira to be received from bidders in the complaint.
3) Education, courses, seminars and meetings income derived from activities.
4) all kinds of printed documents, forms, documents and publications of the income to be obtained.
5) If necessary, assistance from the general budget.
6) Other income.
The revenues will be opened in one of the eyes of the Central Bank or collected in a Turkish bank account.
Agency's property and assets are considered state property be seized, not pledged. The uncollected revenues collected by the Institute of Public Claims No. 6183 by property funds in accordance with the provisions of the Law on Collection Procedure transferred to the Authority within one month account.
K) Corporate expenses are made according to the annual budget enacted by the Board. The budget year is the calendar year institutions. The budget is prepared within thirty days after the start of the budget year. The annual financial report and the budget final account relating to the budget implementation results will be released by the Council of Ministers.
Agency's annual accounts, revenues and expenses related to the business and operations are subject to the Court of Accounts audit.
SECTION Facilitate the
Review Request and Investigation of
complaint must be made in
Article 54 - Administration and the tender commission, the matter carried out in accordance with the principles and procedures laid down in the Act of tenders for construction contractors, supplier or against the service provider is responsible. This is the responsibility of the violation results in a forfeiture or injured or that suffered damage likely to be claiming that the contracting of the supplier or service provider may request review by a written complaint by following the steps below.
Administration investigation by Article 55 - the construction contractor in relation to the tender, the first make a complaint to the administration by the supplier or service provider.
A) the contract has been signed,
b) Construction contractor, supplier or service provider of the complaints that lead to situations is made within fifteen days following the date that should be had to it or have noticed the difference is taken into account by
tender process in reaching a complaint to the administration in any stage of the administration, by giving information about the complaint to all the bidders participating in the auction, if there is a complaint on the same subject Entity should provide within a specified time that is in writing. Who transmit the complaint at this stage can not be found in any other complaints on the same subject and then you can not argue that the decision will be damaged.
Parties, complaints will first try to resolve the dispute according to the provisions of this Act pais.
Administration in the absence of mutual agreement, will receive a reasoned decision within thirty days after the submission of the complaint. In this decision, the corrective measures to be taken if the complaint also indicates wholly or partly justified. The decisions taken following the date of the decision to all the bidders will be notified within seven days.
Construction contractors in case it is not approved by the willingness of the decision taken at a decision taken or while within the specified period, suppliers or service providers can be found at the end or the decision date decision time following fifteen days of the Agency request a review. After
complaints submitted, the contracting officer urgency and public interest does not sign the contract approved by the administration because of the need to continue with the tender process. it received the reasoned approval of the continuation of the tender process, the complainant will be notified at least seven days before signing the contract taking into account the time needed to ensure that was communicated to tenderers. If the Administration duly signed contract without proper notification of the award decision and the contract void. if notified by contract may be signed to continue
tender process, the construction contractor, supplier or service provider can request a review of the notification to the Agency within seven days following the date when made.
Review by the Board
Public Procurement Article 56 - construction contractors in relation to the tender, by suppliers or service providers, on the Agency's final decision by stating that there are reserves the right to apply to the court alleged to be in accordance with the provisions of this Act and the correction required they shall be notified of the situation, the Authority may make a complaint before signing the contract and in the case of the above-mentioned period.
Board Authority by specifying the grounds with regard to incoming complaints will decide one of the following:
a) that can be corrected through a correction by the Administration and in the case that there is no need to interrupt the bidding process determines the corrective action.
B) to create obstacles to the continuation of the tender process and can not be remedied with corrective actions to this Act and if it is determined a violation of the relevant legislation, cancels the tender process.
C) determines that the complaint was not appropriate.
Complaints subject of clearly this Law and is contrary to the legislation or the contracting with the continuation of the procurement process, suppliers, service providers, public administration or other bidders' compensation force or being present at the possibility of emergence of virtually irreparable harm, the final decision on the tender process until given stop.
Contracting officer urgency and public interest do not have any complaints on the decision to continue with the tender process due to the bidding process if necessary stopping first examined. Complaints made after the contract is signed
will not be considered by the Board. complaints made by the Board of contract must be duly examined and finalized until the signing.
all decisions made by the Board following the date of the decision shall be communicated to the parties within five days. Moreover, these decisions are yayımlattırıl by the Agency in the Official Gazette.
ARTICLE 57. Judicial review - Complaints final decisions made by the Authority with the Republic of Turkey can be litigated in court and the case is first seen.
Prohibitions and prohibited from participating in Criminal Liability
ARTICLE 58 - According to Article 17 of the nature of such act or conduct on those who are determined to be stated in the act or behavior, the ministry engaged in the procurement or related or related up to two years, but not less than one year by the ministry on about who to contract according to the procedure except in cases of reason case of force majeure where the tender is up to one year to not less than six months, the decision to ban given to participate in tenders of all public institutions and organizations in the scope of this Act.
In case of sole proprietorships, legal persons prohibited pursuant to the
Rights companies all of the partners, capital company, if there is according to the first paragraph about the real or legal person shareholders who own more than half of the capital is given the prohibition decision. Be natural or legal person of the rights of those who are prohibited by the state; also about the individual companies if they are partners in an individual company, capital company if they are common is the condition of having more than half of the capital company is given the decision to ban the same way about.
tender during or after those who are determined to act or behavior, such as whether they will be participating in the tender administrations that the decision to ban the participation into subsequent tenders held by the Administration until the date of entry into force.
Prohibition decisions, sent at the latest within fifteen days following the date of the determination of acts or conducts that prohibition within thirty days verilir.veril this decision to be published in the Official Journal and enter into force on the date of publication. These decisions shall be followed by the Public Procurement Authority shall be recorded for those who are prohibited from participating in public procurement.
Contracting entity may, if they encounter a situation requiring prohibition from participating in tenders, in which case the need to perform is obliged to inform about or related to the ministry. Criminal liability of
ARTICLE 59 - even if it is detected after contracting the completion and acceptance process is done, Article 17 of the following acts or behavior from those in criminal acts or behavior, according to the Turkish Criminal Code with the natural or legal persons who work according to the Turkish Criminal Code provisions regarding shareholder or proxy is to be made a criminal complaint to the competent public prosecutor's office of criminal prosecution. as well as the criminal sentence, authorities think they banned with specified in the second paragraph of Article 58 of the three years in all public institutions in the scope of this Act and the establishment of the court decision from participating in tenders for not less than one year, provided that applied from Article 58 based on the day following the expiration date of the prohibition decision.
Have decided to open a public lawsuit first paragraph of making the criminal proceedings against them because of the tenders made under this Act and specified in the second paragraph of Article 58 can not participate in the tenders of public institutions and organizations within the scope of the law until the end of proceedings. and the decision to open a public lawsuit shall be reported to the Public Procurement Agency of the Republic for processing the Attorney record.
Individual companies as this on account of prohibited acts and behavior in the law repeatedly penalty shall be imposed only those people who have more than half of its capital as a capital company or a partner of such person, shall be prohibited from participating in permanent public auction by court order.
According to the provisions of this article; Who are prohibited by a court decision and sentenced criminal who, Prosecutors record to the Public Procurement Authority to be processed, it is reported to the respective chambers for processing their professional records.
Constantly court decisions pertaining to those prohibited from participating in public procurement, the Public Procurement Authority, within fifteen days following notification is announced by publication in the Official Gazette.
ARTICLE 60. Criminal liability of employees - at every stage of the tender commission with jurisdiction other relevant contracting officer and chairman of the tender process until the contract with the members of the tender process; Article 17 of the ones found in the following acts or behavior, they are the necessary statutory its tasks to the appropriate or impartiality, the parties who open one loss upon have been involved in neglect or negligent behavior, discipline is imposed pursuant to the legislation concerning the rights. In addition, the criminal prosecution is carried out in accordance with the act or behavior property rights and shall be subject to penalties and damages suffered by the parties in accordance with the general provisions shall compensate damage with them. Administration officials decided to establish a public trial judge be assigned to duties within the scope of this Act until the end of the rights.
This Act within the scope of work due judicial authorities of any punishment given ones, all public institutions and organizations of this Act and may not be assigned to officers and authorized staff with the implementation of the relevant legislation and can not be employed within the scope of this law.
About 5 to principles set out in Article and Article 62 permits the substance to be tendered in violation of the rules stated that and tenders that with privacy principles that infringe on the estimated cost is applied to the above-mentioned sanctions.
Ban on disclosing information and ARTICLE 61. - consultancy services offered by officials in the implementation of this Act; to all transactions relating to the procurement process, information should be kept confidential in relation to the technical and financial structure with the willingness of business and operations and may not disclose documents not use the benefit of themselves or third parties. Depending on their relevance, 58 and referred to in Article 60 shall be imposed.
Miscellaneous other rules to be adhered to by
Article 62 - This is for construction work with administrations goods or services received under the Act before tendering are required to comply with the following points:
a ) in order to investment to be completed in the time planned for the project to be tendered in the works involving more than one year, the appropriations over the years in accordance with the duration of the work has to be done in programming to ensure that there is in the budget. Anticipated benefits of the project cost for the first year can not be less than 10% and decreased in the following years, initially scheduled for later that year grant period.
b) taking into account the time to allow for the use of the planned appropriations, timely execution of administrations tender, covering more than one year and works with investment characteristics (except to be done due to natural disasters), it is essential to conclude the contract in the first nine months of the year.
C) the provision of construction works on the land ownership, expropriation and if necessary the development and implementation projects completing the impasse without a tender. The turnkey project, located in the application works by taking fee is mandatory tender offer. However, enough time without the works to make application project due to natural disasters with preliminary or final project during the construction work is in some stage of land and ground due to the required studies can not be the final design before the tender works can be tendered with the final project. Lump sum turnkey project implementation for parts that can be done these things cost, the project can not be part of the application can be done by taking the tender offer unit price for each item of work.
D) the programming of the Administrations budget, the approximate cost is not disclosed to bidders determined to be used for the comparison of offers submitted by bidders in the tender. any information on the approval certificate for this cost and is not included in any document other than the addition of the calculator.
E) Administrations laws, ordinances and regulations in the absence of sufficient quality or number of personnel employed by, you can put out to tender for the services specified in this Act provided that the approval of the competent highest tender.
F) the preparation of the tender documents shall be published. the calculation of this period shall be taken into account on the day of the declaration of the publication is not considered tender deadline day or days. In order to comply with Article 13 of the declaration specified time period to elapse until the declaration is mandatory to send the declaration text in sufficient time prior to taking into account where they will be announced.
G) has been found to detect when the vacation date for the tender, following the announcement without having to resort again on the first business day that is done in the same place and hour and offers up to that time shall be accepted. Bidding time working hours are determined considering. working hours after the notice varies also held at the time proclaimed tender.
H) construction works under the supervision and management tasks in the engineers or architects, after graduation in order to enter the construction tender last taken into account to calculate the sixty billion pounds every year and this Law Article 10 of the scope of professional and technical proficiency of the year is about to start working not searched for.
regulations relating to domestic bidders
Article 63 - about the cost of the procurements under the threshold of joining the locals only willing, the approximate cost of the tender on the threshold; services procurement and construction on all domestic bidders, whereas in the purchase of goods Trade and Industry Ministry and other relevant institutions and organizations of views on the goods designated as domestic goods by the institution that offered domestic bidders in favor of ensuring price advantage of up to 15% in respect administrations tender document provisions It can be. However, the domestic bidders who participated in the tender through joint ventures with foreign bidders can not benefit from these provisions.
time account of Article 64 - in the absence of provisions in the calculation of the periods prescribed in this Law, the Code of Obligations shall apply.
Article 65 Notification - Notification Law for notification to be made in the absence of provisions in this Act shall apply.
Amendments Article 66 - Amendments to provisions of this law, but this law or provisions to be regulated by making a change in this law. Updating
threshold values and monetary limits
ARTICLE 67. - The Wholesale Price Index of the previous year thresholds and monetary limits specified in this Act shall be updated by the basis of the Public Procurement Authority and until the same date, to be effective from the date of each February 1 it is announced in the official Gazette. However, the updating is not taken into account the amounts below one million Turkish Lira. thresholds and monetary limits specified in this Act, in exceptional cases, can be updated by the Council of Ministers on the proposal of the Agency outside of the specified date. PART SIX Final Provisions
Inapplicable provisions of Article 68 - a) in procurements covered by this Act the State Tender Law No. 2886 dated 09.08.1983 shall not apply.
B) Other laws dated 09/08/1983 and that the exemption from the provisions of the Public Procurement Law 2886 does not comply with this Act shall not apply.
Standard tender documents and regulations
Provisional Article 1 - standard tender documents and the regulations to be issued for the implementation of this law, the institution concerned and taking into account the views of the organizations Public Procurement Authority is prepared to date by the Act will come into force and published in the Official Gazette.
They put into effect until the authorities continue to apply the existing principles and regulations.
Tenders have already been started Provisional Article 2 - This law went into effect in writing to the announced tender will be finalized before the date of entry or jobs that have been declared by the law and the relevant procedures.
Provisional Article 3 - Located thresholds and monetary limits specified in this Act, between the date of entry into force with the date of its publication in the Official Gazette of the Act will be updated as specified in Article 67 by the Authority for the period. mainly related to
exceptions and procedures
Provisional Article 4 - a) of this Law Article 3 (b) by the rules and procedures relevant institutions related to me,
b) of this Law Article 3 (d) relating to me the principles and procedures, upon the approval of the Public Procurement Agency, Foreign Affairs, National Defense, by the Finance and Public Works and Housing Ministry,
c) of this Law Article 3 (f) principles for their goods and services to be made under clause and procedures, public upon approval of the procurement authority by the relevant authorities,
the law by taking the opinions of related institutions and organizations and up to the date of entry into force and put into effect by the Council of Ministers.
This Law Article 3 (e) of the rules and procedures relating to the purchases made by me in accordance with the State Supply Office determined by the Ministry of Finance if necessary. The establishment of the Public Procurement Authority
Provisional Article 5 - Public Procurement Board specified in Article 53 of this Law shall be appointed within thirty days following the date of its publication in the Official Gazette of the Law. In the first appointments to the Public Procurement Board, one member is appointed for a period of seven years to be determined by the Council of Ministers of the member to be elected from among the candidates proposed by the Ministry of Public Works and Housing Ministry.
Assembly, creating the Organisation of the bodies of sixty days following the date that is assigned to perform the duties set out in the Act allows the Agency to be operational by that date.
Mainly concerned with the organization's bid to be made until the date of entry into force of this law and procedures of the Council of Ministers upon the recommendation of a regulation to be issued by the Council.
With the regulations specified in the regulations mentioned in the third paragraph of Article 53 of this Law shall be issued until the date on which the Authority to operate.
All expenses of the Authority until the stage will be covered by revenues, will be financed from the assistance to be provided from the general budget.
Enforcement ARTICLE 69 - on temporary 1 and Article 5 of its publication in the provisional Article 53 of this Law shall enter into force on 1.1.2003 other substances.
Executive ARTICLE 70 - This Law shall be enforced by the Council of Ministers.