T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
TRANSLATION
PROPOSAL FILE
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T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
PART A- INSTRUCTIONS FOR THE APPLICANTS
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T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
INSTRUCTIONS FOR THE APPLICANTS
FOR THE AUCTIONS IN THE FRAME OF THE PROJECTS SUBSIDIZED BY THE DEVELOPMENT AGENCIES
It is obliged for the applicants taking part in the auction that they have the qualifications mentioned below and they submit
their proposals in accordance with the instructions below. It will be named as beneficiary in the frame of the contract
signed with Development Agency and as Contract Authority in the frame of the procurements mentioned in the project
activities. Contract Authority will care at most while choosing the requests appropriate fort he qualifications below and
ensure that auctions are concluded in accordance with the main purchasing rules. In the event of deciding that auction is
shady or the main purchasing rules are violated, the Development Agency can interfere in the necessary way and demand
that auction is done again. In that case, the Development Agency is not responsible for the setback of the Project or the
possible costs.
Clause 1- Information about the Contract Authority
a)
b)
c)
d)
e)
f)
Name/ Title: Yay-San Yaylı Yatak Sanayi Ticaret A.Ş
Address: Tavşanlı Organize Sanayi Bölgesi 5. Cad No:15 Tavşanlı/Kütahya
Telephone number: +90 274 290 1591
Fax number: +90 274 290 1593
E-mail: [email protected]
The name of the personnel in charge: Dilek ÖLMEZ /Responsible for Quality Assurance
Of the Contract Authority
The Applicants can get the information about the auction by connecting the personnel in charge of the Contract Authority
via the address and numbers above mentioned.
Clause 2- Information about the subject work of the auction
a) Name of the Project: 2 pieces Hemming Machine Product Purchase for Import High, Production of Patterned
Cover, for the new product and the more export and import substitution to be used in the investment project
b) Code of Contract: TR33/15/SAREP/0022
c) Phisical Amount and Type: Product purchase
LOT 2
Two pieces Hemming Machine
d) Place of delivery: Yay-San Yaylı Yatak Sanayi Ticaret A.Ş , Tavşanlı Organize Sanayi Bölgesi 5. Cad No:15
Tavşanlı/Kütahya
e)
( if available) other information about the purchase : -
Clause 3- Information about the Auction
Information about the Auction:
a) Tendering procedure: open tender procedure
b) Address: Yay-San Yaylı Yatak Sanayi Ticaret A.Ş
c) Date: 07.12.2015
d) Time: 10:00
Clause 4- Observing and providing the Auction File
Auction File can be observed for free in the above mentioned address of the Contract Authority. But, the bidders have to
take the auction file approved by the Contract Authority in exchange of costless signature.
By getting the auction file in exchange of costless signature, the applicant accepts the conditions and rules mentioned on
the documents comprising the auction file.
The text in Turkish will be based on if there is any misunderstanding of the understanding, interpreting of the auction file
between the applicants and Contract Aurhority when the documents of the auction file are prepared also in other
languages and given/purchased to the applicants.
Clause 5- Place of submitting proposal, Due date and time
The proposals can be delivered by hand or post :
a)Place of submitting proposal: Tavşanlı Organize Sanayi Bölgesi 5. Cad No:15 Tavşanlı/Kütahya
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b)Due date and time ( Auction date): 07.12.2015
c)Time ( auction time): 10:00
Proposals (bids) can be given to the above mentioned place till the bid deadline or sent by the certified post or Cargo or
courier. The proposals that arrive after the bid deadline won’t be evaluated. The Contract Authority is not responsible for
the posting delays.
Except addendum, the proposals given or delivered to the Contract Aurhority can’t be taken back due to any reasons.
In the event that the auction date is a holiday, auction is done the following working day in the above mentioned place and
time and thye proposals given till this date are accepted. If the working hours are changed , the auction is done at the
above mentioned time anyway. The national time arrangement of the Turkish Radio and Television Corporation is based on.
Clause 6- The Frame of the Auction File
The Auction File comprises of:
a)
b)
Invitation letter fort he auction(Not requested)
Auction file ( Contract draft, Special Conditions, general conditions, Technical Specifications, Bidding Forms,
Bidding Evaluation Forms and other documents related to relevant purchase )
Moreover, according to the relevant provisions of the General Conditions or these instructions, because of the addendums
by the Contract Aurhority and written requests of the applicants, the written statements by the Contract Authority
constitutes a binding part of the Auction File.
The applicant is supposed to examine the content of the all documents above mentioned carefully. In case of not fullfilling
the conditions relevant to the submitting the proposal, the responsibility belongs to the bidder. The proposals that are not
appropriate for the procedures described and foreseen in the auction file are not evaluated.
Clause 7- The needed documents to take part in the auction
The applicants are to submit the below mentioned documents to take part in the auction :
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Declaration of the address for the notification , and also telephone number, fax number( when available) and email for commonication,
Registered Trade and/or Industry Chamber or Professional Chamber Certificate needed because of the
regulations;
1. In the event of being natural person, the document showing that he/she is registered to a interested Trade
and/or Industry Chamber or relevant Professioal Chamber and taken in the same year with first notice or
auction date,
2. In the event of being legal person, the document showing that he/she is registered to a interested Trade
and/or Industry Chamber and taken in the same year with first notice or auction date,
Signature declaration or signature circular showing that he/she is entitled to do proposals;
1. In the event of being natural person, notarised signature declaration,
2. In the event of being legal person, Trade Registry Gazette showing the last situation remarking the duties
under the management of the partners of the legal person according to its interests, members or the
founders or the documents promoting these respects and notarised signature circular of the legal person,
Written engagement that states not being in the situation mentioned in the related clauses of these instructions,
Proposal letter of whose content and form are specified on this document,
Provisional bond specified on this document (NOT WANTED)
In the event of taking part in the auction by proxy, the notarised procuration and signature declaration of the
person taking part in the auction in the name of the applicant,
In the event that applicant has business partnership, if it is foreseen that the consortiums can make proposals
with the business partnership decleration, in case of that the applicant is consortium, consortium decleration,
Document showing that the auction file has been purchased,(NOT WANTED)
Decleration related to the partner or shareholder legal persons,
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ANNEX 3- PROPOSAL FILE
If the applicant has a business partnershaft, the documents mentioned in (b), (c) and (d) are to be given by the each
partners. When the people to take part in the auction are foreseen, the documents in (b), (c) and (d) are to be given by the
each partners in the consortiums.
k)
l)
The documents related to the economic and fiscal power specified by the Contract Authority according to the
qualifications of the auctions (statement of the last three terms approved by the tax Office or independent
accountant- certified public accountant (IA- CPA), report approved by the IA-CPA, reference letter, bank letter of
guarantee, bill of depositum, market shares etc.)
The documents relating the Professional and technical proficiency determined by the Contract Authority (
Certificate of Completion, progress billing certificates, etc.)
The applicants are to hand in the originals or notarisied copies of the documents above mentioned. But in the frame of the
provision in the 9th clause of the Turkish Trade Registry Gazette REgulations; The copies of the Trade Registry Gazette and
their notarised copies given by the Gazette Management or turkish union of chambers and exchange commodities by
approving ‘’ same as original’’ to the applicants are accepted.
The notarised documents are to have an annotation on as the sign of it is same as original. The ones approved after seeing
the copy or photocopy and the ones with annotation ‘’ same as the exhibit’’ or something with close meaning are not
accepted.
The applicants can put the copy of the documents with annotation by the authorized personell of the Contract Authority
added before the auction saying ‘’ the original has been seen by the Contract Authority’’ or something with a close meaning
( the applicants should have the originals of the documents) to their proposals.
Clause 8- The Auction is open to foreign applicants
The auctions conducted by the Contract Authority are open to all foreign and native applicants.
Clause 9- The ones not taking part in the auction
The ones mentioned below can not take part in the auctions conducted in the frame of the monetary assistance by the
Development Agency in the name of themselves of another persons directly or indirectly or subcontractor;
a) The ones who are not allowed temporarily or contiunally to attend at the public contracts, the ones who are
guilty of organized crimes and crimes in the frame of anti-terror law, the ones who are sentenced with final court
order because of fraud, corruption, being a member of crime team or any other illegal action,
b) The ones with the decision of fraudulent bankruptcy by the relevant authorities,
c) The authorised staff of the Contract Authority and the staff at the committees with this authority,
d) The people in charge of preparing, conducting, ending and approving all auction process related to auction
subject of Contract Authority,
e) Mates and third degree family members and second degree affinity by marriage and adopted childs and their
adopters of the persons mentioned in (c) and (d),
f) The partners and the companies mentioned in (c), (d) and ( e) , (except the corporations that they don’t take part
in the management or don’t have more than 10% of the capital stock of these companies),
g) Foundation, institution, union, box with any purposes related to the beneficiary or within the beneficiary and the
partners of these institutions,
h) The applicants from foreign countries that are not allowed to take part in the auctions in Turkey by the CAbinet
Degree.
Moreover, the contractors who conduct the consultancy services relating the auction subject purchase can not attend at
this auction. This restiriction is valid also for the partner companies and companies with management connections and the
companies of whose more than 50% capital they belong.
The applicants that take part in the auction in spite of the above mentioned restrictions are taken out of the auction and
their provisional assurances are registered as value. Moreover, if this condition can’t be contained during the evaluation
and one of them is put in a tender, the assurances are registered as value and auction is cancelled.
Subcontractors are not allowed. But, it is not an obstacle for them to attend at auctions in case of joint undertaking or
consortium.
Clause 10- Reasons for getting out of the auction
The applicants mentioned below will be get out of the auction if these situations are found;
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a)
ANNEX 3- PROPOSAL FILE
b)
Applicants with declared bankrupt, obliged administration decision, court management due to its debts to its creditors,
declared to composition or a similar situation according to the provisions of the legislation of its own country.
Applicants with social security subsidy debts according to the provisions of related legislation
c)
With conclusive tax debts according to provisions of the related legislation.
d)
Applicants found guilty due to its Professional activities withing the 5 years before auction date.
e)
Applicants with the proof by the Contract Authority of having acted against the work or Professional ethics during
conducting business within the 5 years before the auction date
f)
As of the auction date, the applicants barred from Professional activities by the registered chamber due to the
legislation.
g)
The applicants not giving the information and documents mentioned in this clause or giving wrong information and/or
forged document.
h)
i)
Applicants who are not allowed to take part in the auction according to clause 9 but do it anyway.
Applicants who are detected that they acted the banned actions
Clause 11- Forbidden activities and actions
It is forbidden to act like the ways below :
a) Conspiring to rig the bid or attempting to do it by cheatingi promising, menace, exerting influence, profiting,
contract, commission, bribery or other ways.
b) Making the applicants to hesitate, hindering the attendance, offering to make a contract to the applicants or
promoting them to do it or acting in a way influencing the competition or auction decision.
c) Forging documents or assurances, using them or promoting them.
d) Offering more than once by an applicant for himself or in the name of someone else , directly or indirectly, principal
or agent,
e) Attending at the auction though it is stated in the 9th clause that he/she can not.
Related legal procedures are applied to the ones acting against these forbidden actions according to crime’s features and
they can’t attent at the other auctions done in the frame of the fiscal supports by the Development Agency.
Clause 12- Costs of preparing a proposal
All costs of preparing and submitting proposals belong to the applicants. Regardless of the run and the result of the auction,
the Contract Auhtority can not be seen responsible of the costs of the applicant.
Clause 13- Explanation in the Auction File
The applicants can demand a written explanation till 10 days before bid deadline about their questions during the
preparation of the proposals. The explanation demands done after this date won’t be taken into consideration.
When the explanation demand is found appropriate, the explanation by the Contract Authority is sent to all applicants
having taken the auction file via registered and reply paid letter org iven by hand in exchange of signature. This must be
completed at least 5 days before the bid deadline so that the applicants have information.
The explanation consists of the description of the question and the detailed answers of the Contract Authority; the identity
of the applicant demanding explanation is not written. The written explanations are given to the applicantswithin the
auction file that receive the auction file as of the explanation date.
Clause 14- Change in the auction file
No changes can be done in the auction file after the announcement. Only when there are fiscal and technical failures that
can affect the proposal preparation and other processes or the failures are detected by the Contract Authority or the
applicants give a written notification about it and this notification is found suitable, there can be changes by editting the
addendum.
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ANNEX 3- PROPOSAL FILE
The addendum is sent to the all having the auction file by registered and reply paid letter org iven by hand in exchange of
signature and they are informed at least 5 days before the auction date.
When there is a need for extra time due to the changes and to be able to prepare the proposals, the Contract Authority can
postphone the auction date for once at most 10 days with an addendum.During the postphone period, the auction file sales
and receiving proposals will go on.
In the event of preparing an addendum, the applicants having handed in their proposals before this arrangement will have
right to renew their proposals.
Clause 15- The freedom of the Contract Authority to cancel the auction before the auction time
In the event that some uncorrectable points in the auction file and preventing the auction are found or the Contract
Agency feels the need to do it, the auction can be cancelled before the auction time. In this case, the cancellation of the
auction is told to the applicants by telling the reason. The cancellation of the auction is notified additionally to the
applicants that have already given their proposals.
In the event of cancellation of the auction, all proposals are thought to be rejected and given back to the applicants. The
applicants can not claim anything from the Contract Authority due to the cancellation of the auction.
Clause 16- Joint undertaking
More than one natural person or legal person can make proposal in auction to build a business partnership. The ones
making proposals for the auction and having the aim of building a business partnership submit also the partnership
decleration which can be found in the addition and the lead partner should be remarked.If the business partnership wins
the tender, before signing the contract, the partnership is asked to give a notarised partnership contract.
In the partnership decleration and contract,it is remarked that the natural and legal persons of the partnership are equally
and conjointly responsible for fulfilling the undertaking. Lead partner must have the biggest share in the business
partnership. The rates of the shares are remarked in the partnership decleration and contract.
Clause 17- Subcontractors
The auction subject purchase/ the whole or some parts of work can’t be made by the subcontractors (jobbers)
Clause 18- Type of the proposal and contract
The Contract Authority adjusts if the proposals are based on lump sum price or unit price and the auction procedures are
remarked in the auction announcement.
Clause 19- Language of the proposal
Proposals and annexes are to be written and submitted in Turkish.
Clause 20- Valid Currency in proposals and payments
Valid currency is Turkish Lira.
Clause 21- Partial Bid
İf not taking part as lots in the auctions conducted by the Contract Authority, the partials bids are not accepted and the
proposal needs to be done for whole work.
Clause 22- Alternative Proposals
Alternative proposals can’t be submitted.
Clause 23- How to submit the proposals
Proposal letter and( if wanted) provisional bond and list of conditions and all other needed documents are put in an
envelope or package. The name, surname, business title of the applicant,
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ANNEX 3- PROPOSAL FILE
notification address, which work the proposal belongs and the address of the Contract Authority are written on the
envelope. The envelope is signed, sealed or backed.
Proposals are given numbers till the auction time and then delivered to the Contract Authority. The proposals given after
this time are not accepted and given back to the applicant without opening it.
In the event of protracting the bid deadline with addendum, all rights and responsibilities of the Contract Authority are valid
till new deadline.
Clause 24- The form and content of the proposal letter
Proposal consists of one technical and one fiscal proposal and each of them are given in different envelopes. In each
proposal there must be one original with a clear ‘’ the original ‘’ writing “0” done copy with a clear ‘’ copy’’ writing.
The proposal letters are submitted as written and signed. In a proposal letter it is obliged that ;
a)it is remarked that the auction file has been read completely and accepted,
b) The proposed amount must be written clearly both in letters and numbers,
c) there shouldn’t be any erasure, erasion or correction,
d) The proposal letter must be signed by the people in charge by writing the name,surname and title.
The proposal letters of the joint undertakings must be signed by all the partners or the authorised people.
In the proposal letters of the ones making proposal as consortium, each proposed amount for different Professional parts
of the consortium partners are written.
The total amount proposed by the consortium partners constitutes the total proposal amount of the consortium.
Clause 25- Validity dates of the proposals
The validity dates of the proposals must be at least 60 calendar days as of the auction date. The proposal letters with less
validity dates won’t be taken into consideration.
When needed, Contract Authority asks the applicant for protracting the proposal date at most 30 days. The applicant may
accept or reject it. If the applicant rejects it, its provisional bond will be given back.
If accepted, without changing the proposal and contract conditions, the applicants are to adjust the provisional bond ( if
needed fort he auction in question) to the new validity date and all provisions relating the provisional bonds in all aspects.
The demands and replies about this issue are done in written, sent by registered and reply paid post or delivered by hand in
exchange of signature.
The accepted applicant must ensure the validity of its proposal within 60 days after being informed about having right for
contract. Regardless of the notification date 60 more days are added to the first date of 60 days.
Clause 26- Provisional Bond and Values accepted as assurance ( NOT WANTED)
In the frame of the auction about which the Contract Authority announce that provisional bond is needed, the applicants
pays provisional bond. This amount can’t be less than 3% of the proposed amount. And the applicants determined how
much to pay themselves. When it is less than 3%, the evaluation of the proposals will be cancelled.
When it is a joint undertaking, the total amount of provisional bond is paid by oen of the partners or some of them,
regardless of the partnership rates or the proposals mad efor Professional parts of the work. The validity date must be
remarked in the assurance letters given as the provisional bond. This date is determined as at least 30 days as od the
proposal validity date.
The proposals submitted without any acceptable provisional bond will be cancelled on the grounds of not meeting the
participating conditions asked by the Contract Authority.
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ANNEX 3- PROPOSAL FILE
The values accepted as assurances are as follows;
a) Current Turkish Lira
b) Assurance letters given by the banks or private financial institutions
The assurance letters by the banks and private financial instituons in Turkey on the contract warranty, the assurance letters
by the foreign banks allowed to be active in Turkey according to its relating legislation and the bank sor financial institutions
fuctioning out of Turkey are accepted as assurance.
Assurances can be changed with other values accepted as assurance.
Clause 27- The delivery place of the provisional bond and return ( NOT WANTED)
Assurance letters are submitted to the Contract Authority in an envelope along with the proposals. The assurances except
the assurance letters are to be payed into the related department of Contract Authority and the vouchers are to be
submitted in the proposal envelope.
The winner applicant’s assurance letter is kept by the Contract Authority after the auction. And other letters are given back
to other applicants. The provisional bond of the winner applicants is given back after that the needed exact assurance is
given and contract is signed.
Clause 28- Demands towards additional information before the bid deadline
Auction file, information demands about the auction subject are delivered 10 days before the deadline in written to the
Contract Authority.
Contract Authority announces its information demans till 5 days before the deadline, in a way that other applicants get
informed as well, on its web site or web site of the relating Agency.
If Contract Authority ensures extra information about proposal file, it sends this kind of information to all applicants at the
same time in written.
Clause 29- Submitting proposals
Proposals are to be delivered before the deadline indicated in the proposal invitation letter or in the announcement. The
proposals are to be delivered as follows:


Registered mail / Cargo service to Tavşanlı Organize Sanay Bölgesi 5. Cad No:15 Tavşanlı/Kütahya
Or directly by hand to the Contract Authority to Tavşanlı Organize Sanay Bölgesi 5. Cad No:15 Tavşanlı/Kütahya.
After delivery a document with date and signature is to be taken.
The proposals seny via other types of delivery won’t be taken into consideration. Two envelopes should be used for
proposals; in a packet or envelope, one is envelope A- Technical Proposal, one is envelope B- Financial Proposal. Envelopes
are to be sealed.
Except the financial proposal, all parts constituting technical proposal are to be put in envelope A, ( for example: Proposal
Delivery Form, Certificate of Organization and Methodology, Certificate of key specialists and Fee, decleration of the
applicant, legal and financial identity form.)
If one of these rules is not fulfilled in anyway, it is thought as the violation of the rules and leads to the cancellation of the
proposal.( for example: envelopes without seals or any referance to the price in the technical proposal)
Clause 30- Property of the proposals
Contract Authority has the property rights of all proposals submitted during the auction process. As a result, the bidders
don’t have the right to draw back their proposals.
Clause 31- Opening the proposals
The following provisions are applied by the Evaluation Committee while taking and opening the proposals ;
a)
b)
Evaluation Committee determines how many proposals are submitted until the auction time with a record, an
announcement is mad efor the ready applicants and auction starts.
Evaluation Committee inspects the proposal envelopes respectively by receiving times. Here, it is inspected if the
envelope is prepared in accordance with the rules. If an envelope is not appropriate, it is not included in the
evaluation and it is announced with a record.
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c)
d)
e)
ANNEX 3- PROPOSAL FILE
In auctions for good purchasing and producing, the envelopes are opened in front of the applicants and
attendants respectively by the receiving dates. It is controlled if there is any missing document and if they are
appropriate for the provisions of proposal letter and provisional bond. The applicants do not fulfill these
requirements are detected with record. The applicants and offered prices are announced and bound to the
record.
In auctions for service purchase, only technical proposal envelopes are opened and evaluated under above
mentioned provisions. As the proposals that can’t reach to the limit point won’t be accepted, fiscal proposal
envelopes are not opened untill technical evaluation is over.
Records arranged according to the article c are signed by the evaluation committee. If wanted, the approved copy
of these records are given in exchange of signature.
At this step, no decisions about the proposals are made, the documents of the proposal can not be corrected and
completed. The session is closed for the proposals to be evaluated by the Evaluation Committee.
Clause 32- Evaluation of the proposals
While evaluating the proposals, first step is make the proposals of the ones who miss some documents or whose proposal
letter and provisional bond are not appropriate for the procedures out of the auction by finding out at the first session
according to the 30th article of this specification.
İf there is a missing document, It is not allowed to complete the documents that are to be submitted in the proposal letter
and the annexes to be added with these documents.
But,
a) Except the subjects that provisional bond and proposal letters need to have, if there are some missing
information not having the qualifications to change the basis of the proposal in the submitted documents,
the documents related to cover these deficiencies,
b) The documents submitted by the applicants and prepared by other persons or institutions that cover the
deficiencies concerning the content of the document, except the basis elements that document needs to
have on, and arising from the persons or the institutions preparing the document,
are to be completed in the foreseen period.
If the documents submitted by the applicants are arranged after the auction date,within the time given for
the completing the information deficiencies, these documents will be accepted if these documents comply
with the attandance conditions as of the auction date.
After these first evaluations and processes, the next step is to evaluate the complete and absolute proposals
are evaluated in detail.
At this step, it is evaluated if the applicants have enough capacity and sufficiency to fuilfill the auction subject
work and the proposals comply with the conditions remarked in the auction file. The unapropriate proposals
are cancelled.
At the last step, it is controlled if there is any arithmetical failure on the financial proposal letter annex table
of the applicants.
If there is a arithmatical failure with multiplying and adding on the financial proposal letter annex showing
the proposed prices, by taking the unit prices by the applicants, these failures are corrected by the
Evaluation Committee. The proposal found as the result of this correction is accepted as the real proposal of
the applicant and this situation is notified to the applicant in written immediately. The applicant must notify
in written if he/she accepts the corrected proposal or not within 5 days following the statement date. If the
applicant notifies that he/she is not accepting the new proposal or doesn’t give any reply during this period,
the proposal is cancelled and the provisional bond is registered as value.
In Service purchasing auctions, administratively appropriate proposals are taken into technical evaluation.
Grading in the technical evaluation will be done by taking into consideration the organisation and
methodology, experiences of the service supplier, knowledge and skills of the key professionals that are
offered by the applicant to conduct the service purschasing described in the specification.
If a proposal gets less than 80 points at the end of the technical evaluation, the financial proposal envelopes
of them are not opened and given back to the applicant. The ones with higher grades are opended and
financial evaluation is done.In the service purchasing auctions, the applicants are not supposed to attend at
the sessisons where the financial proposals are opened. The proposal with the lowest price gets 100 points
and other proposals are graded proportionally.
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Adding technical evaluation grades to financial evaluation grades you find the proposal total grade.
( Amendmend: date: 21.01.2011 and number: 15 approval of undersecretariat m.13) Except that Contract
Authority wants to pay the exceeding amount, in all auctions, the proposals exceeding the maximum budged
will be eleminated.
The criteria for the evantuation of the auction will be examined in accordance with the conditions written in
the Technical Specification.
In product purchasing and producing auctions, the applicant giving the lowest proposal among all proposals
meeting the specification conditions wins the auction. But in service purchasing auctions, the auction is given
to the one with the highest auction total grade.
Clause 33- Asking the applicant for clarifying their proposals
As response the demand of the Evaluation Committee, the Contract Authority may ask for the explanation of
their proposals about unclear points to be able to analyse, compare and evaluate the proposals.
This explanation can not be asked with the aim of changing the proposal price or making the unapropriate
conditions appropriate and resulting these situation. The demand for explanation of the Contract Authority
and the reply of the applicant will be in written.
Clause 34- Contract Authority’s freedom of rejecting all proposals and cancelling the auction
After the decision of the Evaluation Committee, Contract Authority is free to reject all proposals and cancel
the auction by remarking its reasons clearly. Contract Authority enters into no obligations by rejecting all
proposals.
Cancellation can be done under following situations:
a) Failure of the proposal process, for example: receiving no valuable proposals in the aspect of
qualification and finance or receiving no proposals;
b) Changeover of the technical or economical data of the Project;
c) ( Amendmend: date: 21.01.2011 and number: 15 approval of undersecretariat m.14) That all proposals
technically satisfying exceed the maximum budged fort he contract ( except that Contract Authority
wants to pay the exceeding amount when the proposals exceed the financial sources) ;
d) Some irregularities occuring in the process, especially when they hinder the fair competition;
e) That exceptional situations or for majeure make it impossible for the contract to be conducted
normally.
That the auction is cancelled is announced to the applicants immediately. That the auction process is cancelled is
announced to all proposal owners by the Contract Authority. If the process is cancelled before the external envelope of the
proposal is opened, the closed envelopes are given back to the proposal owners.
Contract Authority is not responsible for any profit loss or damages in any cases without any restriction even though it has
been warned beforehand.
Though the auction process is cancelled, the responsibility of Contract Authority towards Development Agency goes on.
Clause 35- Ethic Rules
It is obliged that the Contract Authority obeys the ethic rules below in the frame of the auctions financially supported by
the Development Agency;
a)
b)
c)
Attempts by the applicant towards violating privacy, leaking information, illegally reconcilation actions with the
competitors, trying to effect Evaluation Committee or Contract Authority during the investigation, inspection,
clarification and evaluation lead to rejection of the proposal and moreover the applicant to get administrational
punishment.
The applicant shouldn’t be effected by any possible conflict of interests and shouldn’t contact with other proposal
owners or other people within the Project in any way.
While making a proposal, the applicant or the appetence should be neutral and trustable as the work and
business life require.
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d)
ANNEX 3- PROPOSAL FILE
Violation of the ethic rules may lead the applicant, appetence or contractor to be excluded from other supporting
activities by the development agencies.
Clause 36- Objections
The proposal owners who belive that they have loss due to a failure or infraction of rules, can write directly a
petition to Contract Authority ( by means of letting the Development Agency know)
The Contract Authority must give an answer within 90 days following the complaint.
If the Development Agency is informed about such a situation must make a contact with Contract Authority and
share its thoughts and try to make things easies by finding a friendly solution fort he problem between
complainant (applicant) and Contract Authority.
If the above method fails; applicant has the right to make the situation revert to national judicial system to which
Contract Authority is connected.
I read it and accept it, …/…/2015
Signature
Bidder
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Part B: Draft Contract ( Special Conditions) and Annexes
CONTRACT AND SPECİAL CONDİTİONS
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Cont.Annex.01
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PRODUCT PURCHASING CONTRACT
LOT – 2: Two pieces Double Lock Chain Stitch Multi-Needle Quilting Machine Product Purchase
One part
Yay-San Yaylı Yatak Sanayi Ticaret A.Ş
Tavşanlı Organize Sanayi Bölgesi 5. Cad No:15 Tavşanlı/Kütahya
("Contract Authority"), and
Other Part
Complete Official Name/ legal status/ title of Supplier/ Service Server / Production <Official Registration number>
< Open official notification address >
<Tax Office and number>,
< Resmi tescil numarası >
<Açık resmi-tebligat adresi>
<Vergi dairesi ve numarası>,
As (‘’ Contractor’’), the parties have came to an agreement on the following points:
SPECIAL CONDITIONS
Clause (1)
Issue
Production purchase for the Project in Kütahya / Tavşanlı, Two pieces Hemming Machine Product Purchase for Import High,
Production of Patterned Cover, for the new product and the more export and import substitution to be used in the
investment project
Clause (2) Form of the Contract
Contracter acts in accordance with the requisiteneses of the conditions stated in the Special Conditions and annexes and
determined in this auction in order of priorities :
Annex-1: General Conditions
Annex-2: Technical Specification ( Job Describtion)
Annex-3: Technical Proposal
Annex-4: Financial Proposal ( Budget Breakdown)
Annex-5: Standard Forms and other needed documents
If there is a contradiction between the documents above, the provisions of them are applied according to the order of
precedence mentioned above.
Clause (3) contract price and payments
Contract price: ……………………. TL
Down-payment isn’t done in the frame of contract for LOT-2. Payment will be made according to the progress billings
procedures.
In the product purchase auctions: the payments are made following the delivery of contract subject product. If the downpayment is foreseen, down-payment is made following the order letter and balance is paid during the delivery of the
product referring to bill.
Clause (4) Starting Date
The day on which contract signed by the two parties is the starting date.
Clause (5) Application Period
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The application period of the missions mentioned in the annex II and III of the contract is 1 month as of the start of the
contract for LOT-2.
Clause (6) Reporting
Contractor submits its development reports in accordance with the form remarked in the relating articles of the General
Conditions and Specification.
Clause (7) Communication- Notification Adresses
7.1 The title and the ID number of the contract is to be indicated in all correspondeces concerning the contract between the
Contract Authority and Supplier. Correspondeces are to be sent to these adresses via post, fax or by hand.
7.2 The notification sent to above adresses are thought to be sent to the parties themselves. The parties must notify other
parties in written in case of a change in adresses. If not, no responsibilities are accepted.
Clause (8) Law and Language to which the Contract is tied
8.1 All points not indicated in the contract is assesed in the frame of law of Turkish Republic.
8.2 Language of the contract; all correspondence between the parties are to be done in Turkish or English.
Clause (9) Settling the conflict
(a) Kütahya courts are responsible for settling the conflicts appearing related to this contract, due to this contract or
in any other way
Clause (10) Warrant
(a) Advance payment guarantee,performance bond and bid bond letter is not required.
Hereby contract has been prepared for Contract Authority. It is to be given the contractor a one copy certified by
contracting authority.
Contracts Stamp Duty payable by the Contractor and receipt will be presented to "Contracting Authority".
Name
Name:Temel ÇETGİN
Title
Title:General Manager
Signature
Signature
Date
Date
Of the contractor
Of the Contract Authority
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ANNEX 3- PROPOSAL FILE
Cont. Annex.01
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ANNEX 3- PROPOSAL FILE
GENERAL CONDITIONS
Concerning the contracts of product and service purchase and production in the projects financed by the Development
Agencies
PRELIMINARY PROVISIONS
Clause 1) Descriptions and General Rules
(1) The following words and terms in the contract will have the meaning written below.
Administrative order / Instrustion: (concerning the conduction of the subject work) all instructions or orders given
to the contractor by the Project Leader
Contractor: The party promising with a contract to conduct the contract sucject works.
Contract: The agreement signed and covering all documents and annexes and General Conditions made between
the parties to conduct the works in the Financial support Contract.
Contract Authority: The legal or natural person who is tied to Public law or private law and makes the contract
with the contractor in person or the contract is made in the name of it
Contract Price: The price mentioned in the 3rd article of the Special Conditions
Month/ Date: Calendar month/date
General damages price: The price determined between the parties or in legal ways to be paid to the party
damaged due to the violation of the contract by a party or a point not mentioned in the contract.
Fixed damage price: Indemnity mentioned in the contract and to be paid to the damaged party by the other party
due to not fulfilling the whole or a part of the contract
Project: The Project concerning the conducting the contract subject work
Project Leader: Natural or legal person who is responsible for observing the implementation of the contract in the
name of the Contract Authority
Contract Subject Work: The actions of the contracter concerning the procuring goods, service and production
under the contract.
Work Description ( Technical Specifications): The document prepared by the Contract Authority and submitted as
annex. It describes the conditions, requirements and/or goals. It also indicates the methods and sources to be
used by the contractor and the results to be reached in the necessary situaitons.
(2) If the last day of a period indicated in contracts coincides with a holiday, the period is protracted.
(3) As long as the content and context of the text allows , the singular words cover the plural meaning and the plural
words cover the singular meaning.
(4) The words indicating the persons and parties cover the firms, companies and all institutions having legal persons.
Clause 2) Notifications and Written Correspondeces
(1)
If there is a deadline for receiving a written correspondence, the sender should ask the receiver for letting him
know about the delivery. Along with it, the sender must ensure that written correspondence document is sent in
secure.
(2) All notifications, acceptances/ assents, approvals,documents or decisions sent by any party as required in the
contract are to be in written unless otherwise specified. Except reasonable reasons, the delivery of these wont be
delayed or will be sent absolutely. All verbal instructions are to be asserted in written.
Clause 3 ) Invitation to Contract
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(1) The winner applicant will be invited to sign the contract in written. The seventh day following the writing is given to
the post is thought as the notification date of the decision to the applicant. This notification can be also sent to the Contract
Authority after taking signature of the applicant
(3) When asked, the applicant must give the completion bonding and sign the contract within the following 5 days
after notification date of this invitation.
Clause 4) Binding the auction to the contract
(1)The contract prepared by the Contract Authority in accordance with the conditions written in the auction file is signed by
the contractor and authorised staff in the name of the Contract Authority. If the contractor has a joint business, all
shareholders of the joint business sign the contract.
Clause 5) The duty and responsibility of the applicant while making the contract
(1) The winner applicant must sign the contract by giving the completion bonding and the documents concerning
that it doesn’t carry the situaitons indicated in articles (a), (b) (c), (d), (e) and (g) of the 9th clause of the
Instructions to the applicants as of the auction date. After signing the contract the provisional bond is given back
(2) The foreign applicants will submit the equal documents according to the legislation in their countries to the
documents indicating that they are not included in the situations in the articles (a), (b), (c), (d), (e) and (g) of the
9th clause of the instruction to the applicants as of the auction date. If there is no equal document and can’t be
editted, the applicant must give a written notification.
(3) If not obeyed to these obligations, without the need for protesting or taking a decision, the winner applicant’s
provisional bond is registered as revenue and the decision of the auction is cancelled.
(4) Except the force majeure, if the winner applicant doesn’t make contract in order , it can’t take part in other
auctions of the Contract Authority ad Development Agencies for 3 months.
(5) The contractor plans things carefully, make projects ( as foreseen in the contract), conduct and complete them
and fix the deficiency in the Works in accordance with the contract provisions. To fulfill all these responsibilities,
the contractor will make every needed control, examination and tests done and provide all workmanship,
equipmets , facility etc.
(6) The contractor can not use the equipment damaging human health and nature and forbidden by the relatin
legislation and apply a method while conducting the work. The equipments and methods allowed by the relating
legislation must be used with foreseen cautions and in due form. If these obligations are violated, the applicant
must cover all costs of the Contract Authority and third people.
Clause 6) Duty and Responsibilies of the Contract Authority while making contract
(1) The applicant can give up its undertaking, provided that it notifies the situation to Contract Authority and
relating Development Agency with a notary monition of 10 days, within at most 5 days following the end of
the date remarked in the 3rd clause, if the Contract Authority doesn’t fulfill its responsibilites about making
the contract.
(2) In this case, the provisional bond is given back.
Clause 7) Transfer of contract, Subcontract
The contractor can’t transfer the contract to a third person/part for its conducting and can’t sign a subcontract (jobber
contract). They all mean the vialotion of the contract.
LIABILITIES OF THE CONTRACT AUTHORITY
Claue 8) Providing information/ ınstrument
(1) Contract Authority will provide all information and/or instruments about the contract immediately to the
contractor. These instrument will be given back to the Contract Authority at the end of the contract.
(2) Contract Authority will cooperate with contractor as much as possible to provide the reasonably possible to be
asked information for successfull performing of the contract.
(3) The Contract Authority is competent to ask for the all documents needed for a clear and efficient and true
performing of the contract and at the same time responsible for making all needed attempts.
LIABILITIES OF THE CONTRACTOR
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Clause 9) General Responsibilities
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
Contractor will carry out the work in accordance with the current legislation and mutually signed contract.
Contractor accepts in advance to be the only responsible for the demands and senctions appearing as a result of
the actions against the current legislation.
Contractor will provide immediately all information and/or instrument possibly related to the application of the
contract to the Contract Authority. These instruments will be given back to the contractor at the end of the
contract. If demanded by the Contract Authority, a copy of the document in question will be provided for free. The
completed steps and details will be notified to the Contract Authority in the shortest time.
Contractor fulfills all requirements of current laws and regulations and makes its staff, people under its
responsibility and local workers to obey them.Contractor guarantees that Contract Authority won’t get damaged
due to the demands, investigations, prosecutions and lawsuits occuring as a result of the violation of the laws and
regulations in question by its workser and people under its responsibility
Contractor will take maximum care about the contract subject work with best Professional applications and
practices.
Valid for the construction Works, while performing the contract subject work, if the contractor runs into
unforeseen physical situations or artificial obstacles and extra costs are needed and/or the contract performance
dates are to be prolonged ,the contractor will notify contract authority in line with the articles of this General
Conditions about the prolongin the dates and extra payments. Parties agree on taking the necessary cautions
according to the level of the obstacle, making changes or cancelling the contract immediately.
The proposal is accepted to be made after all standard inspections needed for contact subject work
Contractor is responsible for providing the security of the working area and making the representer or the Contract
Authority to enter into the working area for Project Leader to set if the rules are obeyed and order the needed
administrative orders.
If the contractor thinks that the conditions of the ordered administrative instruction is out of the responsibilities
of the Project leader and extent of the contract, regarding the restrictions concerning the notification date, within
10 days as of the order , it announces its opinion to the Project leader. Due to this notification, the fulfilling of the
administrative order won’t be suspended.
If the contractor comprises of a consortium of two or more people or a joint enterprising, all of these people are
responsible for performing all provisions of the contract jointly and severally. In the frame of the foreseen goals of
the contract, the person in charge of performing in the name of the joint enterprising or consortium has the right
to bind and commit the consortium
All changes done in consortium or joint enterprising form and unity without written asset given beforehand by the
Contract Authority is thought as violation of the contract.
According to the provisions of the contract between Development Agency and Contract Authority, contractor
takes all steps to make advertisements for the financial support of the Development Agency. These steps must
comply with the rules of recognition and visibility described and published by the Development Agency.
In the contracts which are the design components; the contractor, by working with the experienced designers for
the design of construction works, will undertake the responsibilities and obey the criteria determined by the
Contract Authority. It must prepare all needed technical documents in line with the provisions of Special
Conditions and Technical Specification. These instruments are submitted for the approval of the Project Leader in
line with Special Conditions and the contractor pays all costs of deficiencies, neglects, uncertainties and other
failures in design in line with the request of the Contract Authority. Contractor educates the staff of the Contract
Authority, gives them detailed instruction and care books in line with Special conditions and keep them updated.
The contractor manages Works on itself or appoints a representer to conduct the Works. This kind of
appointments are submitted to the Contract Authority for approval. With a reasonable reason, the approval can be
retracted any time.
The contractor will prepare application programm of the contract and submit it to the Contract Authority, if there
is a need for Special Conditions for construction works. Programm will subsome at least the followings :
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a)
b)
c)
d)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
ANNEX 3- PROPOSAL FILE
The rank offered by the contractor for conducting Works ;
Deadline for receiving and accepting the drawings;
General description of the methods offered by the contractor for application of Works
More information and details to be needed by the Contract Authority
Deadline for completing programm to be submitted to Contract Authority for approval is remarked in Special
Conditions. Special Conditions contains detailed drawings to be submitted by the contractor, instruments and
deadlines to be applied to some or all of the equipments. Application programm of the Contract Authority,
detailed drawings and approval and acceptance times of the equipments are also in the Special Conditions.
Approval of the programm by the Contract Authority doesn’t annihilate any responsibility of the contractor.
Without approval of the Contract Authority there won’t be any material change.Along with it, if the progress of the
Works doesn’t fit to the programm, Contract Authority can order contractor to rewiew the programm and want
the rewieved programm to be submitted for approval.
The contractor will submit drawings, documents, examples and/or models for construstion works and also drawing
reasonably needed by the Contract Authority for carrying out the contract to the Contract Authority for approval.
If the decision is not announced within 30 days, it will be thought as approved.
Contractor will provide care and operating manual along with the drawing needed for all departments of the
Contract Authority.
To be valid in contruction Works, historical artifacts, antiques with historical and cultural value and found during
excavation or destruction, other items with academical importance or items made out of precious metal are given
to the Contract Authority in accordance with the legislation in force to be given to the related authorities.
Contractor will provide the Contract Authority with the promoting evidences concerning the conditions of the
contract when demanded. Contract Authority / Project Leader is authorised to control the work area in the
contract or the document investigations to find evidence in each suspected situations about unusual trade
expenses. Contractor provides the suitable situation for Project leader to carry out his control and evaluation duty.
When all equipment, provisional constructions, facility and material provided by the contractor are taken to the
work area, they are assumed only for carrying out the work and without assent of the Project leader they or some
part of them can not be taken out of the work area.
Clause 10 ) business ethics / Rules of conduct
(1) Contractor will stay away from all behaviors that may put Contract Authority in a bad situation. It will act in
accordance with both business ethics and/or rules of conduct and right judgement and appreciation power as a
royal, objective specialist towards Contract Authority. Otherwise the Contract Authority can annul the contract.
But the rights of the contractor under the contract are reserved.
(2) There is no payment to be paid to the contractor except the ones paid at the end of the fulfilling the duties and
good deliveries.
(3) Without a written approval of the Contract Authority, the contractor doesn’t have the right to get franchise fee,
prize or commission directly or indirectly related to any equipment or process that are protected or proprietary
benefited with the aim of Project or contract or used in contract or Project.
(4) Contractor and the staff will obey the Professional privacy conditions during and after the contract. They won’t
use the information provided to them during study time, test and the results of the investigations in a way that
damages Contract Authority .
(5) Conducting the contract won’t lead to unusual trade expenses. In the event of an unusual expenses, the contract
will be cancelled. Unusual trade expenses means commissions not written in the contract or not referred to the
contract properly, commissions that are paid not in exchange of actual or rightful services, commissions
transfered to a country providing tax convenience, commissions paid to a person with unknown identity or the
commissions paid to companies with the impression of front.
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(6) Contractor will treat to all documents and information connected with contract as special and confidential.
Without a written permission the details of the contract can’t be published or explained.
Clause 11 ) Conflict of Interest
(1) Contractor will take all cautions to prevent or end all situations endangering the objective performance of the
contract. The contract Authority can’t be charged for this reason. The conflicts of interest during the performance
of the contract must be notified to the Contract Authority in written without any delay.
(2) At this point, Contract Authority is authorised to take extra cautions like checking if the cautions are enough and
demand for a change in the staff when needed. Contract Authority can cancel the contract without any official
notification. The right to compensation in case of the loss resulting from this reason is reserved.
(3) By providing the work in question, contractor restricts its role about the Project after the coming to the end of the
contract like that or cancelling it. Except the written permission by the Contract Authority, contactor, partners of
the contractor, other related contractors or supply companies are forbidded to conduct Project Works like supply
activities and other services and also joining in Project or making proposal for any part of the Project.
(4) Public servants and other people working in public sector, whatever management status and situations they have,
without a written approval by the Contract Authority, can’t be appointed to work as specialist in the contracts
financed by the Development Agency. If they are appointed, they won’t be paid by the Project budget.
(5) Contractor and other people working under the control of contractor for the perdormance of the contract can’t
benefit from the financial supports of the Development Agency.
Clause 12) Administrative and Financial Punishments
(1) On condition that penalties binded to a provision in the contract are kept, if it is found out that contractor is guilty
of giving wrong notification or that contractor hasn’t fulfilled its conventional responsibilities in the upply
procedure, it won’t be allowed to take part in the contracts and financial support programms financed by the
Development Agency 3 years as of the date on which this violation is found out. This point will be corrected after
the inimical judiciary proceedings procedure done with the contractor.
Contractor can notify its plea against this punishment via post or equivalent communication way within 7 days
after judgement along with reasons. The punishment application decision will be binding, if the Development
Agency doesn’t retract the punishment within 30 days as of the plea is received by the Development Agency or
the contractor doesn’t give any reaction to the punishment. If the abuse is done again within 5 years as of the first
violation, restraining order can be as high as 6 years.
(2) If the contractors won’t fulfill their responsibilities concerning the contract properly except the force majeure,
they will be charged about 10% of the contract price. Within 5 years as of the first violation, this price can rise up
to 20% in frame of other Development Agencies’ financial support programms of this kind of auctions.
(3) On condition that contractor doesn’t deliver the goods in time according to the contract / doesn’t finish the work,
10-days-delay warning will be given by the Contract Authority and 1% of the contract price for each delay day will
be charged as delay punishment. And the same situation goes on regardless of the delay warning, without
protesting, completion bonding is registered as revenue and the contract is cancelled.
Clause 13 ) Indemnification Liability
(1) Taking all responsibilities about the costs and expenses, contractor will compensate, protect, defend and hold harmless
the Contract Authority, its representers and workers from all assertions,demands,lawsuits,loss or damages resulting from
any neglect or any action of the contract authority during the performance of the contract , including the violation of the
rights of third persons/parties or other intellectual property factors like patents, trademarks and copyright. As follows:
a) Contract Authority will inform the contractor about that it has learned about the assertion, demand, lawsuit, loss and
damages in question within 30 days after getting know about them;
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b) Contractor’s maximum responsibility towards Contract Authority will be restricted to an equal value with the contract
price and this ceiling wont be valid for the damages and losses of third parties resulted by the contractor or its intentional
wrong actions ;
c) The liabilities of the contractor will be restricted with assertion, demand, lawsuit,loss and damages resulting from not
performing its contract responsibilities and doesn’t cover the respondibilities resulting from unforeseen accidential or
indirect situations
(2) Contractor, on condition that all costs and expenses belong to it, upon the demand of the Contract Authority, will fix all
defects and deficiencies occuring during the performance of the contract subject work as a result of that contractor doesn’t
fulfill its liabilities of contract.
(3) Contractor has no responsibilities due to the assert, demand, lawsuit , loss and damages resulting from the following
reasons:
a) That the Contract Authority neglects taking action after being advised by the contractor or Contract Authority vilolates
any action, decision or advise of the contractor or Contract Authority forces contractor to accept any decision or advise that
are not fully found resonable by the contractor or
b) That instructions of the contractor are applied in a wrong and inapproriate way by the representers and workers of the
Contract Authority or by the independent contractors.
(4) Responsibility resulting from the violation of the contract liabilities by the contractor continues to be valid during the
date remarked in the law relating the contract even after the performance of the contact subject Works.
Clause 14) Health, Insurance and Job Safety Regulations
(1) Contract Authority may demand that contractor and/or its staff have medical examination in a proper medical
institution and give the health report as soon as possible to the Contract Authority.
(2) Contractor will perform the requirements of the business law and social security legislation valid during the
contract period for itself, its workers in frame of the contract and other people that it Works together.
(3) When demaned by the Contract Authority, the contractor will take out a complete indemnity policy not
exceeding maximum price foreseen by the legislation within 20 days as of the contract signing and this policy will
be kept valid during the contract period.
The aforementioned insurance policy will cover the following subjects within the insurance assurance during the contract
period:
a)
Responsibilities of the contractor about the diseases and occupational accidents affecting the staff of the
contractor ;
b) Losing or damage of the Contract Authority equipments used during the performance of the contract ;
c) Legal responsibility to be undertaken in the event that third people/parties or Contract Authorty and its staff go
through an accidents resulting from the performance of the contract and
d) Deaths resulting from the excidents relating to the performance of the contract or permanent disability or
incapacity to work resulting from the phsical wounding deriving from accidents.
(4) Contractor will submit the evidences about regular payments of social security policies and premiums when it is
needed by the Contract Authority and Project Leader without any delay.
(5) Contractor will take necessary security and job security cautions against possible dangers for its workers and
specialists.
(6) Contractor is responsible for controlling the phisical risk level to which contractor,workers and specialists are
exposed and letting the contractor authority know about the situation. If it is informed by the contractor or
contract authority that there is a danger that can endanger the life and health of a worker or a specialist of the
contractor, the contractor will carry out what necessary is to make them secure again. If the contractor carries
out the necessary actions, Project leader must be informed about the situation immediately. In that case,
suspending the contract according to the clause 35 will come into question.
Clause 15) Intellectual and Industrial Property Rights
(1) Unless otherwise specified, all data and reports like maps, shemes, drawings, specifications, plans, statistics,
calculations, databases, softwares, supporting/verifying records and materials taken, compiled or prepared by the
contractor during the performance of the contract will be kept by the contract Authority. After the end of the contract, the
contractor will submit all these documents and date to the Contract Authority. Without a written approval of the contract
authority, contractor can’t keep the copies of these documents and date and can’t use for any aim out of the contract.
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(2) Including copyright and other intellectual and industrial property rights, all kinds of results and rights about
written materials gained durinf the perdormance of the contract will be under absolute ownership of contract
authority. Except the situations in which the intellectual and industrial property rights are preexisting, the contract
authority can use,publish, transfer and assign hereby written materials without any restrictions in an appropriate way.
Clause 16) Personnell and Equipment
(1)
(2)
(3)
(4)
(5)
Except the key specialists whose CV’s are submitted by force of the specification, contractor must inform the contract
authority about the staff who are intended to assign for working in frame of the contract. The minimum education
level, qualification and experiences that staff is supposed to have – and in appropriate conditions- necessary speciality
level are to be notified. Contract Authority has the right to object to election of contractor staff.
With approval of the contract authority, all staff of the Project will start working in the determined time. If it is not
possible, they will start working on the date or within the dates notified by the contract authority or Project leader.
Unless otherwise specified in special conditions, teh contract staff will reşide close the working area. If some part of
the Works are conducted in foreign contries, contractor will inform Project leader about the names and qualifications
of the staff working at that department of the services.
Contractor:
a) will send the recommended time shedule for staff to start working to Project leader within 7 days after the
contract is signed mutually ;
b) will inform Project leader about coming and going dates of each staff;
c) will submit the necessary written demand about staff of not key specialist status to be appointed to the
Project leader.
will take all necessary cautions to provide and continuation of necessary equipment and supporting materials for
efficient performance of the staff’s duties.
Clause 17 ) Changing the staff
(1) Without written approval of the Contract Authority, contractor can’t change the agreed staff. Contractor should
demand change in staff on its own initiative in the following situations:
a) Death,ilness or accident of the staff.
b) Must to change the staff due to the reasons out of the control of the contractor ( like resignation etc.)
(2) Plus to these reasons, if the Contract Authority thinks that a staff or specialist doesn’t work effectively or can’t carry
out its duty under contract, contract authority can demand change in the staff with a written demand with reasons.
(3) After changing the staff, the new personnell must have at least the same qualifications and experiences with the
previous one. The wage paid to the new personnell can’t be higher than the pervious one’s. If the contractor can’t find
a personnell with equal qualifications and/or experiences, the contract authority can decide to annul the contract if
there is a danger for not performing the contract properly. If the contract authority thinks that there are no such
dangers, it can accept the new offered personnell. But in this case, the wage of the new personnell must me agreed
according to its qualifications.
(4) Extra costs resulting from the change of the staff will be undertaken by the contractor. If the specialist can’t be
changed immediately or it takes time for specilaist to start working, Contract Authority can demand that contractor to
assign a temporary specialist or take cautions to cover this situation. In both situations, Contract Authority doesn’t pay
any price for the period in which a specialist or a person temporarily replacing his place is missing.
PERFORMING THE CONTRACT
Cause 18) Delays in Performing the Contract
(1) Performing the contract till deadline constitutes the basis. If the contractor can’t perform the subject work within
specified dates; the contract authority, without any official notification and prejudicing other rights resulting from the
contract, has right to be paid for liquidated damages for each day and part of the day within the end of the
performance date specified in the contract and the end of the actual performance date.
(2) Daily rate relating to the price of liquidated damages is calculated by dividing the contract price to days of
performance period.
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3) If liquidated damages exceed 15% of contract value, Contracting Administration may terminate the contract after
notifying to the Contractor and may complete the works to the account and in behalf of contractor
Article 19) Changes in the agreement
(1) Including changes to be made the total amount of the agreement, important material changes in the agreement should
be made by means of an addendum. If any request of change in the agreement comes from the contractor, the contractor
should present this change to Agreement Authority at least 30 (thirty) days before the date when the agreement enforces.
It is not included request of changes supported by the contractor with concrete evidences and accepted by Agreement
Authority into this provision.
(2) Before giving any administrative instructions for change, The Project Manager will inform the Contractor about the
character and form of the mentioned change. After this notice is accepted by the Contractor, he will present a written offer
including the following matters to the Project Manager as soon as possible:
a)
An explanation and an application program regarding services to be performed or measures to be taken and
b)
Necessary changes in performance program of the agreement or in obligations of the Contractor under the
agreement.
3) The Project Manager will decide whether the change is applied or not after getting the offer of the Contractor as soon as
possible. If the Project Manager decides to apply change, he will specify that it will be performed by modifying by the
Project Manager under the conditions specified in the offer of the Contractor by arranging administrative instructions.
(4) When it is taken the administrative instructions where change is requested, the Contractor will start to apply the
mentioned change immediately and while doing this, as if the change was specified in the agreement the General
Conditions here will be binding for himself.
(5) The Agreement Authority will inform the Contractor about the name of the address of the Project Manager in writing.
Also the Contractor will inform the Agreement Authority about the names and the addresses of contact personnel he
appoints, inspector (inspectors) and bank account regarding the Agreement in writing. The Agreement Authority has the
right to object bank account or inspector (s) selected by the contractor.
(6) Payments to be made by the Agreement Authority to bank account specified in the agreement will be deemed that they
removed its responsibilities on this matter.
(7) No change can be made retroactively. Changes of the agreement not being administrative order or addendum or not
being appropriate in accordance with the provisions arranged within the scope of this mentioned article will be deemed
null and invalid.
Article 20) Working Hours
(1) Working days and hours of the Contractor or personnel of the Contractor will be determined under conditions of the
work and laws, regulations and practices.
(2) The Contractor may not change working hours with its own initiative. It is obliged to comply with working hours of the
Agreement Authority and to obtain approval of the Agreement Authority for probable changes.
Article 21) Leaves
(1) During application period of the agreement, yearly leaves to be taken by the Contractor for experts or key personnel
have to be used in the time to be approved by the Project Manager.
Article 1) Records
(1) The Contractor will keep complete, true and systematic records and calculations regarding the work and those records
and calculations should be in form and detail to sufficiently evidence that number of working days and expended accidental
expenditures specified in invoice (invoices) are used for performing the work completely.
(2) Working schedules where it is recorded the worked days of the personnel of the contractor should be preserved by the
Contractor. Working schedules should be approved by the Project Manager or by a person authorized by the Agreement
Manager or by the Agreement Manager, himself. The amounts invoiced by the Contractor should be corresponding to those
working schedules. In experts working for a long time, working schedules should indicate number of worked days. As to
experts working for a short time, working schedules should indicate number of worked hours. Passed time expended in
travels made exclusively and as the work necessitates within the framework of the agreement can be included or cannot be
included – under circumstances – to worked days or hours.
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(3) Those records should be kept for five years after the last payment made under the agreement. Those documents will
include every record necessary to control all documents and evidencing documents regarding income and expenditures
including working schedules, tickets of flight or other vehicles, payment receipts of fees paid to experts and accidental
expenditures. Not keeping those records will mean violation of the agreement and cause to cancel the agreement.
(4) The contractor will permit the Project Manager or a person authorized by the Agreement Manager or the Agreement
Manager, himself and Development Agency to study or to inspect and to take their photocopies either during procuring the
work or after the end of the work.
Article 23) Studies to be made by judicial and administrative authorities:
(1) The Contractor will keep the documents quickly accessible and filed form in order that judicial and administrative
authorities can study easily.
(2) The Contractor will provide necessary easiness to officials and procure requested information and documents in time in
study to be made by judicial and administrative authorities.
Article 24) Interim and Final Reports
(1) During the duration of the agreement the Contractor is responsible for preparing interim reports to be requested within
the scope of the agreement and final reports. Those reports will comprise a technical chapter and a financial chapter where
it is indicated expenditures. Format of those reports will be in form informed the Contractor by the Project Manager during
performing the agreement.
(2) Just before the end of the duration of the agreement, the Contractor will prepare a draft of final report and in this
report (if any) it will be written critic of principal problems generating during performing the agreement.
(3) This final report will be delivered to the Project Manager at least within 30 (thirty) days as of ending performing of the
agreement. But it will not bind the Agreement Authority.
(4) In cases where the agreement is performed in phases, the Contractor will arrange a final progress payment report for
each phase upon performing the phase.
Article 25) Approving Reports and Documents
(1) The Agreement Authority’s approval of reports and documents prepared and transmitted by the Contractor will mean
that they are approved that they are made in accordance with the conditions of the agreement.
(2) The Agreement Authority will inform the Contractor about its decision regarding them within 30 (thirty) days as of the
Agreement Authority gets documents and reports and if he rejected those documents and reports or requested changes on
them he will specify the reasons. If the Agreement Authority does not specify any view about those documents and reports
during foreseen time, the Contractor can request to accept them in writing. If the Agreement Authority does not inform the
Contractor about its views within 30 (thirty) days clearly, it will be deemed that the documents and the reports will accept
to have been approved.
(3) In case that a document or report is approved by the Agreement Authority provided that changes are made, the
Agreement Authority will specify a time for changes requested by the Agreement Authority provided that this time is not
exceeded 15 (fifteen) days.
(4) In cases where the agreement is performed in phases, performing of each phase will be subject to be approved the
previous phase by the Agreement Authority except the cases that those phases are performed simultaneously.
PAYMENTS AND COLLECTION OF AMOUNTS OF DEBTS
Article 26) Prepayments and Payments
(1) It can be made prepayment at the rate not exceeding 20 % (twenty percent) of the price of the agreement provided
that it is specified in special conditions clearly. In this case, the Contractor will present advance letter of guarantee in
amount of prepayment.
(2) Payments in construction work and service procurement agreements will be made under progress payment base. The
Agreement Authority will study the documents and payment request as of transmitting them necessary to make payment
to the Contractor and as soon as he determines that they are made in accordance with the above provisions it will be
realized the transfer.
(3) Payments in agreements of product purchase will be made after delivery of product. In case it is foreseen prepayment, it
is made following the order letter and remaining is paid based on invoice in delivery of product.
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Article 27) Studying and confirming expenditures
(1) When it is needed, the Development Agency can request to study and confirm invoices and financial reports by an outer
inspector who is a member of a legal inspection organ internationally accepted, provided that expenses are burdened by he
who does the related expenses within the framework of expenses realized by beneficiary within the scope of financial
support provided by it. .
(2) The contractor will give right of access and entry to the inspector in order that he can study.
(3) In case that it is determined contradiction against procedure, the Development Agency applies all necessary legal ways.
Article 28) Interest to be accrued to payments and delayed payments
(1) In case that the Agreement Authority delays to make payment, the Contractor can request interest of payment at
calculated rate by adding 3 (three) points to rediscount interest of the Central Bank of Republic of Turkiye applied in the
first day of last month for delayed payment.
Interest of delayed payment will be valid for passing period between last payment day (including) and date when the
Agreement Authority is indebted (excluding).
(2) Payments to be made by the Agreement Authority will be deposited to the bank account informed by the Contractor.
(3) It should be presented copies or bank statements of working schedules together with invoices in payment request in the
agreements of product purchase, and thus it would have been explained the amount invoicing for time spent by experts.
(4) Payment of last remainder. It depends on performing the Contractor’s all obligations concerning all phases or a part of
the work and on the Agreement Authority’s having approved last phase or last part of the work. Last payment will only be
made upon approving final/last progress payment and final calculation and on finding them sufficient by the Agreement
Authority.
(5) It is not deemed that the agreement have not been completed until signing approval of final admittance document.
(6) If any of the below-mentioned events happens and continues its existence, the Agreement Authority will inform the
contractor in writing and can suspend payments to be made to the Contractor completely or partly under the provisions of
the Agreement:
a) The Contractor fails to meet financial obligations of performing the work.
b)
Other events under responsibility of the Contractor in accordance with the agreement and preventing or causing to
prevent to complete the project or the agreement successfully in the Agreement Authority’s opinion.
(7) Responsibility in payments is between the Agreement Authority and the contractor completely. Troubles happening in
payments cannot be attributed to the Development Agency in any way.
Article 29) Performance Bond and Insurance
(1) The Agreement Authority can request to present performance bond in agreement that he will conclude. In this case the
Contractor will present a letter of performance bond not less than 6 % (six percent) of the price of the agreement.
(2) Letter of performance bond is arranged to have be written on letterhead of financial organization and included
authorized signature.
(3) Unless special conditions specifies other conditions, performance bond will be released within 45 (forty-five) days
following approving final report.
(4) In case that validity of performance bond terminates and the Contractors does not make it been valid, the Agreement
Authority interrupts either sum of amount of performance bond from payments to be made to the Contractor in the future
or can cancel the agreement if this interruption is not possible.
(5) If the agreement is canceled for any reason, debts of the contractor to the Agreement Authority are collected from its
performance bond. In this case organization arranging the performance bond will not delay to pay for any reason or will not
object to make payment.
(6) Unless otherwise is specified under special conditions, the Contractor will purchase insurance policy for provided to
prevent probable losses and harms in work and in workplace in an amount to give possibility to renew the work. Purchasing
insurance policy is obligatory in construction works. Insurance will be made on the name of either the Contractor or the
Agreement Authority and this insurance will be valid for any loss or damage of the agreement.
(7) Regardless of insurance obligations of the Contractor, the Contractor is responsible for any request made by third
persons for individual wounding or harms to goods resulted from performing the works by the employees and accepts in
advance that the Agreement Authority is not responsible against those requests.
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Article 30) Collecting Debt Amounts from the Contractor
(1) The contractor will pay back all amounts paid more than approved price finally and consequently debts that it is
indebted to the Agreement Authority upon the request of the Agreement Authority within 15 (fifteen) days. In case that
the contractor does not make pay-back in specified time, the Agreement Authority will collect this amount to be
determined by adding 3 (three) points to rediscount interest rate of the Central Bank of Republic of Turkiye
(2) The amounts to be paid back to the Agreement Authority can be set off from amounts indebted to the Contractor. This
case will not affect the right to conclude an agreement related to making repayment in installments. When necessary the
Development Agency can replace the Agreement Authority with the character of organization providing financial support
based on principle of succession.
(3) Bank expanses resulting from repayment of the amounts indebted to the Agreement Authority will be assumed by the
Contractor completely.
Article 31) Admittance and Maintenance in Construction Works
(1) In line with the provisional and final admission made by the Project Manager studies to confirm realized works of the
subjects of the agreement will be made in an environment where the Contractor is present.
(2) The Agreement Authority can start to use some structures, parts of structures or parts of constructions. Before
structures, parts of structures or parts of constructions are taken over by the Agreement Authority it should be realized
their partial admittance proceedings absolutely. But in emergencies, it can be realized transfer before admittance on the
condition that it should have been prepared inventory regarding works to be made by the Project Manager and it should
have been concluded an agreement between the Contractor and the Project Manager previously. After the Agreement
Authority takes over one structure, some parts of one structure or one part of the constructions, the contractor will not be
obliged to remove any damage to arise other than any work caused by wrong production or workmanship.
(3) In case that they passed inspection/studies successfully and are suitable to be used after they are completed, It will be
taken over construction works by the Agreement Authority and it will be arranged a certificate of temporary admission or it
will be deemed to have been arranged. There are views regarding the date when the works are competed suitably and
being ready for temporary admission in temporary admission certificate.
(4) If period of maintenance was not specified in the agreement, it is 365 (three hundred sixty five) days. The contractor is
responsible for removing and correcting all defects or damages arisen or seen in period of maintenance and resulting from
design, workmanship and material as soon as possible.
(5) When period of maintenance ends or in cases where it is mentioned period more than one, when le last period ends and
it is removed all defects and damages, the Project Manager will prepare minutes of final acceptance and will deliver one
copy of the minutes to the Agreement Authority within 30 (thirty) days.
(6) Until signing certificate of final acceptance by the Project Manager or it is accepted that he has signed this certificate, .it
will not be accepted that the works have been realized by the Contractor completely.
(7) Without depending on arranging certificate of final acceptance, the Contractor and the Agreement authority will
continue to be obliged for not performed any indebtedness. Character and scope of any obligation not performed yet will
be determined by attributing the conditions of the agreement.
Article 1) Delivery, Admission and Guarantee Proceeding in Product Purchase Agreements
(1) The Contractor delivers products under conditions of the agreement. Risks belonging to products belong to the
Contractor until temporary admission.
(2) The Contractor provides that the products are packed suitably in order to prevent that they are damaged during
transport until location where they will arrive as specified in the agreement. Packing should be in the form to diminish
affecting from physical and climatic conditions that can encounter during transport and open yard storage. Packing,
marking inside and outside of the packing and documenting should be conformed to changes under specified special
conditions and changes to be requested by the Project Manager.
(3) It is not permitted to transport and deliver any product to admission location without obtaining delivery order from the
Project Manager by the contractor. The Contractor is responsible for delivering all products mentioned in the agreement to
admission location. If the Project Manager does not approve temporary admission or does not object the application of the
Contractor in 30 (thirty) days, it is considered that temporary admission is approved at the last day of this period.
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(4) It is not deemed that products are delivered until completing foreseen confirming and test proceedings whose expenses
belong to the Contractor. It is possible to make inspection and test in their location before transporting and/or at the last
delivery point of products.
(5) The Project Manager has the right to order followings and to decide during shipment of the products and before taking
over the products:
a. Taking the products that he thinks that they are not suitable for the agreement from admission location
within giving period,
b. Replacing those product with appropriate products,
c. Regardless of previous tests and interim payments, disassembling and assembling montage again in case that
the Project Manager does not find suitable in terms of material, workmanship or design that the Contractor is
responsible,
d. Whether the made works, provided products or material used by the Contractor are in accordance with the
agreement or not or the whole products or one of their part perform the conditions of the agreement.
(6) The Contractor will remove specified faults as soon as possible by assuming their costs. If the contractor does not obey
those instructions, the Agreement Authority has the right to have those faults removed by others and all costs resulting
from having those faults removed will be cut from payments to be made to the Contractor.
(7) It is rejected products not in good quality and character in accordance with the specifications. It is marked products
with a special sing. This sign should not be in form to falsify the mentioned products or to affect their commercial values.
Rejected products are taken by the Contractor in period specified by the Project Manager if any, from admission location by
assuming the costs and risks by the Contractor. It is not accepted any work where it is used rejected products.
(8) When products are shipped in accordance with the agreement, pass through necessary tests or it is accepted that they
have passed those tests and take approval certificate of temporary admission, they are transferred to the Agreement
Authority.
(9) The Contractor applies to the Project Manager for certificate of temporary admission when products are ready for
temporary admission. The Project Manager applies one of the following proceedings within 30 (thirty) days as of the date of
application:
a) Prepares an Approval Certificate of Temporary Admission on which it is specified reservations if any, written
the date when it is completed delivery under the agreement and it is specified that products are accepted temporarily and
one of its copies is given to the Agreement Authority,
b) Rejects the application by specifying reasons and proceedings that the Contractor has to make for temporary
admission.
(10) If the Project Manager does not give an approval certificate of temporary admission or does not reject products within
30 (thirty) days it is deemed that he has given approval certificate of temporary admission.
(11) In case of partial shipment, the Agreement Authority has the right to give certificate of partial admission.
(12) After temporary admission of products, the Contractor will disassemble and takes temporary structures and materials
not necessary for a work regarding applying the agreement. Besides, he will remove all of garbage and obstructive elements
and will restore the admission location as necessary.
(13) The Contractor guarantees its position to combine the latest renewals with new, not used, the latest model and design
in materials, unless it is specified in the agreement. The Contractor guarantees that defects and faults do not exist in
material or in workmanship except faults and defects resulting from faulty using or negligence like it is specified in the
specifications. This guarantee provision is valid like it is specified in special conditions.
(14) The contractor is responsible for correcting arisen defects or damages and the following cases during guarantee period:
a)
b)
c)
Results resulting from defective materials; faulty workmanship or design of the contractor.
Cases happening because of any negligence or action of the Contractor during guarantee period.
Cases happening by the Agreement Authority or during any inspection made on the name of the Agreement
Authority.
(15) The contractor corrects the defective or damaged product as soon as possible practically by bearing the cost. Guaranty
period of all replaced or repaired products starts as of the date when the Project Manager is satisfied from the result. If the
agreement permits partial admission, guarantee period is lengthened for parts affected from renewing or repairing.
(16) If any defect or damage happens during guarantee period, the Agreement Authority or the Project Manager notifies
the Contractor about the situation. If the Contractor does not correct defect or damage specified in given period, the
Agreement Authority makes the followings:
a)
He can correct defect or damage by himself or he can make it done by another one and the cost and risks of
works are assumed by the contractor. In this case all costs are cut from payments or indemnities of both of
them to be made to the contractor.
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b) He can cancel the agreement.
(17) In case that it is hard to reach the Contractor in emergency or when it is reached him but he does not perform the
necessary proceedings, the Agreement Authority and the Project Manager perform the work on contractor’s account and
collect costs from him and they inform the Contractor about these proceedings as soon as possible.
(18) Guarantee period starts on the date of temporary admission and guarantee obligations are specified in Special
Conditions and Technical Specifications. If it is not specified the guarantee period, it will be accepted as 365 (three hundred
sixty five) days.
(19) When guarantee period ends the Project Manager gives the Contractor an approval certificate of final acceptance
specifying the date of its satisfaction about the work of the Contractor about the Contractor’s obligations in the agreement
and one copy of final acceptance certificate will remain in the Contractor. Approval certificate of final acceptance is
prepared within 30 (thirty) days as of the end of guarantee period.
(20) It is not deemed that the agreement is completed until signing approval certificate of final acceptance or until
considering that it is signed by the Project Manager.
Article 33) Changes in Prices
(1) Unless otherwise is specified in Special Conditions, amount or rate of price/fee will not be changed.
VIOLATION AND CANCELLATION OF THE AGREEMENT
Article 34) Violation of the agreement
(1) Any of the parties does not perform its obligations under the agreement it is deemed that he violated the agreement.
(2) In case of violation of the agreement the party that is damaged because of this violation will have the right to apply the
following legal remedies:
a)
Collecting price of harm-damage consensually and/or
b)
Collecting from legal ways by canceling the agreement
(3) Price of harm-damage can be two ways:
a)
General price of harm-damage or
b) Fixed price of harm-damage.
(4) The Agreement Authority can cut prices of harm-damage in every case that it is entitled to collect price of harm-damage
from amounts that he will pay to the Contractor or from relevant guarantee.
(5) It is reserved the right of the Agreement Authority to recover damages for harm and damages to be determined after
completing the agreement.
Article 35) Suspending the agreement
(1) In case that it is prejudiced the agreement since there are mistakes of fact or infraction of rules or counterfeiting related
to procedures adjudicated the work or related to performing the agreement the Agreement Authority will suspend
performing the agreement.
(2) In case that mentioned mistakes of fact or infraction of rules or counterfeiting are resulted from causes to be attributed
to the Contractor, the Agreement Authority will have the right to reject to make payment to the Contractor or to get back
the amount previously paid to the Contractor pro-rata seriousness of mistakes of fact or infraction of rules or counterfeiting
as an additional measure.
Article 36) Cancellation of the agreement by the Agreement Authority
(1) It will be deemed that the agreement have been canceled automatically if it is not made any activity and any payment
for this activity in a year as of signing the agreement by both of the parties.
(2) The cancelation will not prejudice other rights and powers that the Agreement Authority or the Contractor under the
agreement.
(3) In case that any of the following cases arises in addition to the reasons of the cancelation defined in those General
Conditions, the Agreement Authority can cancel the agreement by giving notice to the Contractor 7 (seven) days ago:
a)
The Contractor’s not performing work that is subject of the agreement in accordance with the agreement
importantly,
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b)
In case that the Contractor does not perform or fail to perform its obligations that can affect performing the work
regularly and in time seriously, the Contractor’s not obey the requirements of notice given by the Project Manager
for removing this state in a reasonable period,
c)
The Contractor’s rejecting or neglecting to perform the administrative orders given by the Project Manager,
d)
The Contractor’s transferring the agreement or given the works under the agreement to subcontractor,
e)
The Contractor’s bankrupting or going to liquidation, giving the activities by courts to management of trustee, the
Contractor’s concluding concordat or similar agreements, suspending its commercial activities, being exposed to
lawsuits and prosecution or being exposed to such states as a result of similar procedure in accordance with
national legislation,
f)
The Contractor’s being sentence because it is found guilty by a court as a result of finalized decision related to its
occupational actions and behaviors,
g)
The Contractor’s being found guilty because of an heavy occupational fault or abuse evidencing with reasons by the
Agreement Authority,
h)
The Contractor’s being found guilty because of counterfeiting, corruption, participation to a crime organization or
other illegal activities by means of finalized decision of a court,
i)
Announcing that the Contractor violated the agreement seriously because he does not perform its contractual
obligation following another procurement agreement procedure or support program financed in the scope of
financial support of the Development Agency,
j)
Happening an institutional structure change causing change in legal entity, qualification, statute or control over the
company, of the Contractor, although it was not recorded with an addendum attached to the agreement,
k)
Appearing another legal obstacle preventing to perform the agreement,
l)
The Contractor’s not providing necessary guarantees or insurance or not obeying the provisions undertaken in the
agreement by the person providing the mentioned guarantee or insurance.
(4) Following appearing any of cases specified above, either the Agreement Authority will complete the work on behalf and
on account of the Contractor or he will conclude another agreement with third persons/parties. In case that the Agreement
Authority cancels the agreement, responsibility of the Contractor to complete the work will terminate immediately,
provided that it is reserved obligations exposed to previously under the provisions of the agreement.
(5) Upon cancelation of the agreement or when the Contractor gets the notice about cancelation, he will start to make
necessary activities necessary to make the work fast and regularly and to complete the work in the manner that relevant
costs will be in minimum level immediately.
(6) After cancelation of the agreement, the Project Manager will approve all prices and amount of services indebted to the
Contractor as of the date of cancelation as soon as possible.
(7) The Agreement Authority will not be obliged to make additional payment to the Contractor until it is completed the
mentioned work that is subject of the agreement and if any he will have the right take back the cost of additional works in
order to complete the work from the contractor or if any he will pay the Contractor any remaining amount indebted to the
contractor.
(8) If the agreement is canceled by the Agreement Authority, he will have the right to get back the price of harm and
damage that it is exposed to as far as maximum amount specified in the agreement. If it is not specified any maximum
amount in the agreement, the Agreement Authority will have the right to get back the price belonging to uncompleted part
of the work from the Contractor because of fault of the Contractor provided that it is reserved the right of application to
other legal remedies recognized under the agreement.
(9) The Contractor does not have the right to request indemnity for any harm or damage in addition to amounts indebted
to him for the works he made until cancelation decision.
Article 37) Cancelation of the agreement by the Contractor
(1) In case that the Agreement Authority causes the following situations, the Contractor can cancel the agreement by
noticing to the Agreement Authority 15 (fifteen) days ago:
a)
If the Agreement Authority does not pay its debt to the Contractor without a rightful reason,
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If the Agreement Authority does not perform its obligations insistently although it is reminded or
The Agreement Authority’s suspending whole or part of the work with reasons not specified in the agreement or
not resulted from the fault of the Contractor more than 90 (ninety) days.
(2) Cancellation of the agreement by the Contractor will not prejudice other rights that the Agreement Authority and the
Contractor have under the agreement.
(3) In case that the agreement is canceled by the Contractor, the Agreement Authority will pay the prices of harm and
damage that the contractor is exposed to because of this cancelation. Total amount of this additional payment will not
exceed the amount written in the article of Special Conditions where it is specified prices.
Article 38) Death
(1) It the contractor is a real person, in case of death of this person it will be deemed that the agreement is canceled
automatically. But if inheritors or right owners declare their requests with a notice to continue the agreement within 15
(fifteen) days as of death of the contractor, the Agreement Authority will study the offer they make. The decision of the
Agreement Authority will be noticed to relevant inheritors and right owners within 15 (fifteen) days as of taking this offer.
(2) If the Contractor comprises of a group of real persons and one or more than one of those real persons are died, it will be
arranged a report between parties based on mutual covenant about continuation of the work that is subject of the
agreement and the Agreement Authority will make decision whether the agreement continues or cancels in accordance
with the undertakings of alive members of group, inheritors or right owners in the agreement within 15 (fifteen) days as of
death of the persons. The decision of the Agreement Authority will be noticed to relevant inheritors and right owners
within 30 (fifty) days as of taking this offer.
(3) Those persons are responsible for performing the agreement at the same degree severally and jointly. Continuation of
the agreement will be subject to roles related to arranging and providing guarantee given in the agreement.
Article 39) Circumstances and their Conditions about giving time extension
(1) Circumstances that it can be given time extension are following:
(A) Force Majeur;
a) Natural disasters.
b) Legal strike.
c) General epidemic.
d) Announcing partial and general mobilization.
e) When necessary, similar circumstances to be specified by the Development Agency or relevant institutions/organizations.
It is obliged that a force majeur can have the following features in order to be a force majeur and to give time extension:
a) It is not resulted from a fault of the Contractor,
b) It prevents to perform the undertaking,
c) The Contractor fails to remove this obstacle,
d) The Contractor has informed the Agreement Authority and relevant Agency about the force majeur within 20 (twenty)
days as of the date of force majeur in writing.
e) Force majeur event has been documented by Competent Authorities.
A.
Reasons caused by the Agreement Authority
Besides, provided that the Agreement Authority doles not perform its obligations related to performance of the agreement
(such as delivery of place, delaying approving projects etc) in foresee periods, without any fault of the contractor and for
that reason it happens delays whose responsibility is not attributed to the Contractor, and the work cannot be completed in
time, this prevents to perform the undertaking and the contractor fails to remove this obstacle, upon application of the
Contractor, the situation is studied by the Agreement Authority and relevant Agency, it can be given time extension related
to a part or whole of the work in accordance with the character of the work to be performed.
(2) If it is prevented to perform the obligations under the agreement because of a force majeur event happens after signing
the agreement by two parties, it will be deemed none of the parties violates obligations under the agreement.
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(3) The party affected from force majeur event will take all of the reasonable measures in order to remove this situation to
perform its obligations under the agreement with minimum delay.
(4) Provided that it is reserved special provisions in the agreement, in case that the Contractor’s not performing its
obligations under the agreement or delaying to perform them is resulted from a force majeur event and to the extend it is
resulted, it will not be responsible for paying fixed price of harm-damage or fault – default because of cancelation. Provided
that it is reserved special provisions in the agreement, the Agreement Authority will not be responsible for paying fixed
price of harm-damage or fault – default because of cancelation of the agreement by the contractor and paying interest for
its delayed payments because it cannot perform its obligations in the agreement.
(5) If any of the parties is of opinion that performing its obligations will be affected because of a force majeur event, it will
notice to the other party immediately, inform about character of the force majeur event, probable duration, and probably
effects that it will create. Unless the Project Manager gives instructions in writing in reverse side, the Contractor will
continue to perform its obligations under the agreement reasonably and meanwhile it will search all reasonable alternative
ways in order to perform its obligations not prevented by force majeur event. Unless the Project Manager gives instructions
on this way, the Contractor will not put alternative ways and methods into practice.
(6) If conditions of force majeur happen and it continues its existence along 180 (hundred and eighty) days, any of the
parties will have the right to give notice for cancelation 30 (thirty) days ago provided that it is reserved extension of
performance period to be given to the Contractor because of force majeur. If situation of force majeur still continues at the
end of 30 (thirty) days period, it will be canceled the agreement and as a result the party will release from their obligations
under the agreement.
SETTLEMENT OF CONFLICTS
Article 40) Settlement of conflicts
(1) The Agreement and the Contractor will exert themselves to the utmost in order to settle any conflicts related to the
agreement, which can arise between them amicably.
(2) In case that any conflict happens, the parties of the agreement will inform each other about either their attitudes and
positions related to this conflict or their settlements that they find suitable in writing. If any of the parties is of opinion that
it will be useful, the parties will meet and try to settle the conflict. Any of the parties will answers amicable settlement
request within 10 (ten) days as of it gets the request on this matter. Reaching period to amicable settlement will be 60
(sixty) days as of the date of this request.
(3) In case that reaching period to amicable settlement fails or any of the parties does not answer the request on this
matter in time each of the parties will give notice to other party and can determine to settle the conflict with reconciliation
of the Development Agency. If the conflict is not settled within 60 (sixty) days as of starting reconciliation process, each of
the parties will have the right to pass to next stage related to settlement procedure.
(4) It is not reached to amicable settlement or settlement of conflict with the reconciliation way within 120 (one hundred
and twenty) days as of starting one of those procedures, each of the parties can bring the settlement of conflict to decision
of national judicial authority or decision of arbitration like it is specified in relevant article of Special Conditions.
CONDITIONS THAT DO NOT INCLUDE PROVISIONS
Article 41) Conditions that do not Include Provisions
(1) In conditions that do not include provisions that can arise in General Conditions and other binding documents of the
agreement and during the steps of signing the agreement and performance of the agreement and there are no provisions
for them, it is comparatively applied provisions in Type Agreement related to product, service and constructions of Public
Tender Legislation and legal references.
33
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
Contract add. – 2 Technical Specification (Job Definition)
34
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
TECHNICAL SPECIFICATIONS STANDARD FORM (Contract add. – 2b)
Contract title : In Yay-San Yaylı Yatak San. Ve Tic. A.Ş. , Two pieces Hemming Machine Product
Purchase for Import High, Production of Patterned Cover, for the new product and the more export
and import substitution to be used in the investment project
Publication reference : TR33/15/SAREP/0022
1. General Description
This specification; Import High, Production of Patterned Cover, for the new product and the more
export and import substitution to be used in the investment project,as follows specified for the
purchase of the goods related complied with the mandatory standards and quality issues of all kinds
of business and operation covers the principles and procedures.
2.Goods to be supplied, Technical Specifications and Quantity
LOT 2
A
Order No
B
Technical Specifications
C
Quantity
35
T.R ZAFER DEVELOPMENT AGENCY
A
Order No
3.3.2
Hemming
Machine
ANNEX 3- PROPOSAL FILE
B
Technical Specifications
Quilting and border
Lateral hemming and cutting unit
Four-needle double chainstitch sewing machine
Needle distance 2-6 mm
Stitch length up to 8 mm,electrically adjustable
Very durable pressure bar and needle bar
Material clamps with large passage for thick material
Electronic thread break detectors for top and bottom threads
Electronic monitoring to detect material jams
Tension-free sizing of panel width from 600 to 2300 mm
Adjustable sizing automatically the quilting
Pneumatic hem
Cutting quilting
Stitch system of servo control,
Removes panels downstream
Sizing by means of electrically adjustable photo sensor
Operating unit and PLC control
Colour touch screen
Programmable control with data interface
Choice of operation in-line with quilter or as stand-alone unit
Very large needle stroke for thick material
AUTOMATIC HORIZONTAL HEMMER
22 cm x 10 cm stroke stitch pattern
The maximum sewing speed: 2500 rpm
Adjustable stitch step
Lock sewing system
Automatic thread cutting system
After cutting the thread preventive system remain top thread
Automatic bobbin winding system
Measurement feedback control system
Automatic length measuring system
Automatic length cutting system
Automatic system of feeding, cutting and bending the material
The feature to put the required dimensions to sign
Fixed head for continuous hemming stitch mode
Head moving on rails for single hemming stitch mode
Servo-controlled moving sewing head positioning system,
Panel stabilization mechanism
Programmable hemming position and total
Sewing, cutting, production quantity counter system
Programmable stitch patterns
Design which allows operation in different sizes
Touch Control Panel
PLC control logic system
Inverter controlled AC motor drive system
Remote access feature of the machine
C
Quantity
2 pieces
36
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
3. Tools, Accessories and Other Items Necessary
4. Warranty Conditions
Contractors should give at least 2 years guarantee each machine.
5. Installation and Maintenance-Repair Services
Contractor companies will supply maintenace,repair and spare parts at least 5 years. Contractors will
be responsible for the installation.
6. Necessary Spare Parts
Contractor companies will supply spare parts at least 5 years.
7. User Manual
The user manual,reference book,document,certification,driver setup DVDand/or CD should be
delivered with the for all machines . User manual will be Turkish or English.
8. Other Matters
Bank Reference letter is required.
Multi-needle quilting machine should be delivered in 30-90 days of the delivery date, The Hemming
machine should be delivered in 15-30 days.
Setup, installation and training belongs to the manufacturer.
All proposed units will be original and unused machine.
The contract will be signed within 5 days.
37
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
SUMMARY OF ESTİMATES
38
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
Contract add. -3: TECHNICAL PROPOSAL
39
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
TECHNICAL PROPOSAL (for tender of procurement of goods)
(Contract add. -3b)
FORM OF TECHNICAL PROPOSAL FOR PROCUREMENT OF GOODS (LOT 2)
Contract title : In Yay-San Yaylı Yatak San. Ve Tic. A.Ş. , Two pieces Hemming Machine Product Purchase for
Import High, Production of Patterned Cover, for the new product and the more export and import substitution
to be used in the investment project
Publication reference : TR33/15/SAREP/0022
Bidder Name
:………………………
A
B
D
E
F
Order
No
Technical
Specifications
Features Offered (trademark
/ model included)
Related Notes,
instructions,
documentation
Evaluation
Committee Notes
See. Technical
Specification
1
2
3
…
…
Column B

Shows offered features are same as “Technical Spesifications’’” stated in the Technical Features in
Contract add. 2’s.
Column D

: “Related Notes, instructions, documentation”
Give instructions about the products offered by the bidder and must give reference to the documents.
Column F

: “Offered Features”
Will be filled in by the bidder and will contain detailed specifications of the products offered (the
words "proper" or "yes" are not enough).
Column E

: “Technical Spesifications”
: “Evaluation of Committee Notes”
To be left blank to fill by Commission (committee) members.
Information and given documents should clearly explain the offered models, if any, other different options. Comitee can
easily make the comparison between the offered features and requested features..
Committee members must exactly understand the given proposals. Unclear proposals will be rejected by the Evaluation
Comitee.
Price bid must be put in another envelope and must be closed and must be submitted along with the Technical Offer.
Bidde’s Seal
Authorized Signature
40
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
Contract add. -4: FINANCIAL PROPOSAL
(At the stage of submission of bids in the scope of procurement, Financial Proposal will be submitted
in a different closed envelope).
41
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
TECHNICAL PROPOSAL FOR PROCUREMENT OF GOODS
FINANCIAL PROPOSAL FORM
Contract add. -4B
Contract title : In Yay-San Yaylı Yatak San. Ve Tic. A.Ş., Two pieces Hemming Machine Product
Purchase for Import High, Production of Patterned Cover, for the new product and the more export
and import substitution to be used in the investment project
Publication reference : TR33/15/SAREP/0022
Bidder Name
:………………………
A
C
D
E
F
Order
Amount
Offered features
<DDP> <Place of Acceptance> For
Delivery Unit Price (tl)
TOTAL
no
(Trademark / Model including)
(TL)
1
2
3
4
[EDUCATİON]
[lump sum price]
Total bid (letters and numbers)
Bidder Seal
Authorized Signature
42
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
Contract add -5: Standart Forms and Other Necessary Documents
43
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
FINANCIAL IDENTIFICATION
(Contract add -5a)
FINANCIAL IDENTIFICATION
THE ACCOUNT HOLDER
NAME
ADRESS
CITY/ TOWN
COUNTR
POST CODE
VAT REGISTRY NU.
CONTACT PERSON
TELEPHONE
FAX
E-MAIL
BANK NAME
BRANCH ADRESS
POST CODE
TOWN/ CITY
COUNTRY
ACCOUNT NUMBER
IBAN
BANK STAMP & SIGNATURE of BANK REPRESENTATIVE
DATE & SIGNATURE of ACCOUNT HOLDER
(BOTH NECESSARY)
(NECESSARY)
44
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
LEGAL IDENTITY FORM
(Contract add -5B)
NATURAL PERSON
SURNAME
FIRST NAME
2. NAME
3. NAME
OFFICIAL ADDRESS
POSTAL CODE
CITY
COUNTRY
IDENTİTY NUMBER
TAX NUMBER
TAX OFFICE
IDENTITY DOCUMENT TYPE:
IDENTITY
DOCUMENT NO:
DATE OF BIRTH
POST BOX
İDENTİTY CARD
D
D
M
DRIVERLICENSE
M
Y
Y
Y
PASSPORT
Y
BIRTH PLACE- CITY
BIRTH PLACE -
COUNRTY
TELEPHONE
FAX
E-MAIL
THIS “LEGAL IDENTITY FORM’’ MUST BE FILLED AND MUST BE GİVEN WITH A LEGIBLE PHOTOCOPHY OF IDENTITY
CARD .
DATE AND SIGNATURE
45
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
LEGAL IDENTITY FORM
(Contract add -5B)
PUBLIC AGENCIES / ORGANIZATIONS
TYPE
NGO (Non Governmental
Organization)
NAME/S
YES
NO
Abbreviations
OFFICIAL ADDRESS
POSTAL CODE
POST BOX
CITY
COUNTR
TAX NUMBER
REGISTRATION PLACE
REGISTRATION DATE
D
D
M
M
Y
Y
Y
Y
REGISTRATION NUMBER
TELEPHONE
FAX
E-MAIL
This ’’Legal Identıty Form’’ must be filled and given with above:
 The decision of the establishment of a legal entity, a copy of the decree or law
 if this is not possible, another official document which states the establishment of a legal entity
DATE
STAMP
AUTHORIZED REPRESENTATIVE'S NAME AND POSITION
SIGNATURE
46
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
LEGAL IDENTITY FORM
(Contract add -5B)
PRIVATE FIRM & FOUNDATION
TYPE
NGO (Non Governmental
Organization)
YES
NO
NAME/S
Abbreviations
HEADQUARTERS
OFFICIAL ADRESS
POST CODE
CITY
POST BOX
COUNTRY
TAX NUMBER
REGISTRATION PLACE
REGISTRATION DATE
G
G
A
Y
Y
Y
Y
Y
REGISTRATION NO
TELEPHONE
FAX
E-MAIL


THİS ’’LEGAL IDENTITY FORM’’ MUST BE FILLED AND GIVEN WITH ABOVE:
CONTRACTING PARTIE'S NAME, ADDRESSES AND A COPY OF DOCUMENT WHICH HAS A REGISTRATION
NUMBER GİVEN BY NATONAL AUTHORITIES (EG OFFICIAL GAZETTE, REGISTER OF COMPANIES, ETC.)
IF IT IS NOT INDICATED IN OFFICIAL DOCUMENT GIVEN ABOVE AND IF POSSIBLE COPY OF A TAX
REGISTRATION.
DATE and SIGNATURE
47
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
PROFESSIONAL EXPERIENCE OF KEY PERSONNEL
(Contract add -5C)
PERSONAL BACKGROUND
(maximum 3 pages + 3 pages addition)
Position Proposed in Contract :
1 Name:
2 Surname:
3 Birth date and place:
4 Nationality:
5 Marital status:
Address (phone / fax / e-mail):
6 Education:
Educational Institutions:
Date:
(mounth / year) from
(mounth /year) until
Degree:
7.
Foreıgn Language
(from 1 to 5, 5 is the best):
language
reading
speaking
writing
8.Membership İn Professional Organizations:
9 Other Skills (Eg Computer Literacy, Etc..)
10 Current Position:
11 Period Of Professional Experience:
12 Key Features:
13 Regional Experience:
Country /Region /City
14.
date: from (mounth / year)to date
mounth /year)
Project Name and Brief Description
Professional Experience:
Date:from (mounth / year) to (mounth / year)
Place
Company / organization
Position
Job description
15.
15a.
15b.
Others:
Publications and Seminars:
References:
Signature ....................................................
(person or persons authorized to sign on behalf of Bidder )
Date ............................................
48
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
PART C: OTHER INFORMATION
49
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
Administrative Compliance Assessment Table
LOT- 2
Two pieces Hemming Machine Product Purchase for Import High, Production of Patterned Cover, for
the new product and the more export and import substitution to be used in the investment project
Offer No.
:Zafer Development Agency / 01 – Product Purchasing Guide
Name:
:Improving Competitiveness in Industry Financial Support Program
(Y / N)
Proposal receipt were
given.
Decision (Accept
(Y /N) / Reject)
Financial Proposals
(Y / N) submitted
in a separate envelope and
closed.
Technical Proposal
available
signed statement of the
bidder (Y / N)
(Y / N)
Bid form filled.
(Y / N)
(Y / N)
Offer is regular,
delivered as closed.
The bidder's name
Proposals have been
submitted in time.
Bid Envelope No.
Administrative Compliance Assessment Table
1
2
3
4
5
Chairman Name and Surname
Chairman Signature
Date
(Not: Contracting Authority as part of the specification, to check the administrative eligibility of proposals ,can
add further question columns
50
T.R ZAFER DEVELOPMENT AGENCY
1.
ANNEX 3- PROPOSAL FILE
FOR PROCUREMENT OF GOODS AND CONSTRUCTİON OF WORK TENDERS
TECHNICAL ASSESSMENT TABLE
Will be made appropriate to the related project. should be completed by the Evaluation Committee, Contracting
Authority in accordance with the requirements of business can determıne different / additional criteri.
Agreement Title : YAY-SAN YAYLI YATAK, Two pieces Hemming Machine Product Purchase for Import
High, Production of Patterned Cover, for the new product and the more export and import
substitution to be used in the investment project
(if there is)
Explanations
Decision (Accept / Reject)
(Y / N / Not Applicable)
Other technical
requirements in bid folder?
(Y / N / Not Applicable)
Are ancillary services as
required ?
(Y / N)
Action Plan / Delivery Time
is it suitable?
(Y / N)
Is Bidder's Work Experience
adequate?
Is the Bıdder's Economic and
financial capacity
sufficient?(Y / N)
Bidder
Name
: TR33/15/SAREP/0022
Is the Bıd suıtable to the
Technical Specificatıon (Y/N)
Bid Envelope No
Puplishing Reference
1
2
3
CHAIRMAN
MEMBER
MEMBER
signature
signature
signature
51
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
PART D: BID PRESENTATION FORM
52
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
PART D: BID PRESENTATION FORM
This form, will be filled by the bidder company by entering its data. Except for the informations of the Firm and
Offer, general provisions can not be changed. This additional form, the general text of declaration can not be
changed.
< Bidder's Letterhead >
Reference: Zafer Development Agency / 01 – Product Purchasing Guide
Agrement Tıtle: Improving Competitiveness in Industry Financial Support Program
One signed original bid submission form (including financial identification form, the legal entity form and
returns that must be submıtted) must be prepared to be submitted with 0 copy.
BIDDER IDENTITY
Legal Entity Name (s) and Address (s)
1
CONTACT PERSON (for this BID)
Name Surname
Firm Name
Address
Telephone
Fax
E-mail
2
RETURN(s)
As part of bid, the legal entity identified in Article 1 of this form, should deliver signed declaration used at the
attached format.
3
COMMITMENT
I declare that as the aforementioned person authorized to sign the bidder , we have read and accept the
aforementioned tender documents prepared for the bidding process, without any conditions and restrictions.
Specified in the bid folder <provide services / supplying goods/ assuming construction work>, we offer in terms
of the following documents which constitute our technical proposal and our financial proposal delivered in a
sealed separate envelope.

Financial and Economic Status Documents

Areas of Expertise and Experience Certificate

Plans - Drawings (only for construction works)

Organisation and Methodology (only for purchases of services)

Key experts (consists of key experts CVs and its list) (if requested service purchases and for other
purchases)

Bidder's declaration (if bidding is given by consortium, including one from each consortium member)

Exclusivity and Availability Declaration signed by Each Key Experts (only for services received).

In case the tender is won, the stuffed financial identification form which includes details of bank account
that the money will be deposited.
Stuffed Legal Entity Form
This proposal is valid during the time which is indicated in Article 25 of Instructions to Bidders,.

53
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
Behalf of the bidder,
Name Surname
Signature
Date
54
T.R ZAFER DEVELOPMENT AGENCY
ANNEX 3- PROPOSAL FILE
DECLARATION FORMAT
(Declaration format which is indicated in the tender submission form, Article 3. )
< will be presented written on the Legal Entity letterhead Papers>
<Date>
Yay-San Yaylı Yatak Sanayi Ticaret A.Ş
Tavşanlı Organize Sanayi Bölgesi 5. Cad No:15 Tavşanlı/Kütahya
Your Reference: < İnvitation Date>
Dear Sir,
DECLARATION OF BIDDER
With reference to your tender invitation letter mentioned above, we as YAY-SAN YAYLI YATAK SAN.
VE TİC. A.Ş

We, hereby,present proposal for this bid <leadership is assumed by us / individually> and we are not
participant for the same bid in another shape and form;

we don not involve in any sitiuation that prevents us to join Bid listed in the Instructions to Bidders,;

we will not do wrong acts and behaviors that are explained to Bidders in ınstructıons, we will obey ethical rules
and especially,in the period of submission of tender we will not have any current or potential conflict of
interest or have no connection with other candidates.
;

In the application form we only supply information about source of our Legal Entity and experience;

If there are any change in aforementioned situations at any stage of bidding process or application of the
agreement, we will inform The Contracting Authority immediately and

We agreed, wrong or missing information that is given at the process of the offer deliberately,will result in
exluding of us from this tender or other tenders that funded by the Development Agencies,
In case of the acceptance of our offer, if necessary, we accept to prove by legal documents that we are not
included in any of exclusion situations that are explained in the Instructions to Tenderers. Date on the Forms
and evidentiary documents, will not be older than 180 days earlier before the the deadline for submission.
If requested, we committed to supply evidences about our financial and economic situation's process and
about our technical – vocational capacity related to indicated selection criteria in this Bid Folder,
In the event that we cannot provide evidence in 15 (fifteen) days following the notification of the Bidding
decision or we give missing/ wrong information, we inform that we are aware that the decision of Bid will be
accepted as void.
BEST REGARDS
<Signature of an authorized representative of the legal entity>
< Name and Tıtle of the Authorized Representative of Legal Entity>
I hereby certify that this document has been translated from its Turkish into English truly and correctly by me.
22.10.2015
55