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SR Annex 3 – Tender File Purchasing Guide

TENDER FILE


Section A: Instructions to Tenderers


INSTRUCTIONS TO TENDERERS

for Tenders under Financial Projects provided by Development Agencies

It is mandatory for the tenderers who will participate in the tender shall have the following qualifications and submit their tenders in accordance with the following instructions. The beneficiary of the financial support under the contract signed with the Development Agency will be referred to as the Contracting Authority in the procurement specified in the project activities. The Contracting Authority shall take maximum care in the selection of tenderers in accordance with the qualifications stated below and shall ensure that the tenders are concluded in accordance with the basic procurement rules. If the Development Agency considers that the tender is questionable and that the basic procurement rules have been violated, it may intervene, in case of need, and may request renewal of the tender. In this case, the Development Agency cannot be held responsible for the disruption of the project and the costs that may arise.

Article 1- Information on the Contracting Authority

The Contracting Authority;

a) Name/Title: Işıksoy Tekstil İnşaat Taahhüt Sanayi ve Ticaret A.Ş.b) Address: Demirtas Organize Sanayi Bölg. Ali Osman Sönmez Cad No:20 Osmangazi BURSA/TURKEYc) Phone number: +90 224 261 17 41d) Fax number: +90 224 261 17 45e) E-mail address:[email protected]) Name-surname/title on relevant pesonnel: Erdal Gülcan / Director of R & D Center

Tenderers may obtain the information regarding tender from the above mentioned addresses and numbers by contacting the personnel of the Contracting Authority.

Article 2- Information on the subject of the tender

For the subject of the tender;

a) Name of the Project: Kompozit Sektöründe de Öncü Isıksoy (Isıksoy is the pioneer also in the composite industry)

b) Contract Code: TR41/18/SRA/0008

c) Physical Quantity and Type: Single Layer Carbon Fiber Weaving Line

d) Place of work / delivery: Demirtas Organize Sanayi Bölg. Ali Osman Sönmez Cad No:20 Osmangazi BURSA/TURKEY

e) Other information on the purchase (if any): -

Article 3- Information on the tender

Information on the tender;

a) Tender procedure: Open Tender Procedure

b) Address of the tender: Demirtas Organize Sanayi Bölg. Ali Osman Sönmez Cad No: 20 Osmangazi BURSA/TURKEY

c) Tender date: 25/04/2019

d) Tender time: 15:00

Article 4- To review and supply tender file


The tender file can be reviewed at the abovementioned address of the Contracting Authority at no charge. However, it is obligatory for the tenderers, who will submit the offer for the tender, to receive the tender file that is approved by the Contracting Authority against signature at no charge.

The tenderer shall be deemed to have accepted the conditions and rules contained in the documents constituting the tender file by receiving the tender file against signature at no charge.

In case the documents composing the tender file are prepared in other languages besides Turkish and sold/submitted to the tenders, The Turkish text shall prevail in the understanding, interpretation of the tender file and the resolution of disputes that may arise between the Contracting Authority and the tenderers.

Article 5- Place of submission of the tender offers, last tendering date and time

The tender offers can be delivered by hand or by post to the following address:

a) Place where tender offers are submitted: Demirtas Organize Sanayi Bölg. Ali Osman Sönmez Cad No:20 Osmangazi / BURSA

b) The last date for submission of tender offers (Tender date):25/04/2019

c) The last time for submission of tender offers (Tender time) : 12:00

The tender offers can be submitted to the abovementioned place until (deadline for submission of tender offers) tender date and time and can be sent by registered mail or by cargo or courier. The tender offers, which are not received by the Contracting Authority until Tender (deadline for submission of tender offers), will not be taken into consideration. The Contracting Authority cannot be held responsible for any delays in the postal service.

The tender offers submitted or received by the Contracting Authority cannot be withdrawn for any reason, except for the issuance of an addendum.

If the date determined for the tender coincides with the holiday day, the tender shall be held at the same place on the following first business day and the tender offers have been submitted until this time shall be accepted. In case the working hours change later, the tender shall be held at the time specified above. In the time setting, Turkey Radio and Television Corporation (TRT) 's national time setting will prevail.

Article 6- Scope of the Tender File

The tender file consists of the following documents:

a) Tender Offer File (Draft Contract, Special Conditions, General Conditions, Technical Specifications, Tender Offer Forms, Tender Offer Evaluation Forms and other related documents)

In addition, in accordance with the relevant provisions of the General Conditions or these instructions, the addendum issued by the Contracting Authority and the written explanations made by the Contracting Authority upon the written request of the tenderers constitute a binding part of the tender file.

The tenderer must carefully review the contents of all of the above-mentioned documents. The liability regarding the failure to fulfill the conditions for the submission of the tender offer shall belong to the tenderer. The tender offers, which are not in compliance with the stipulated and described procedure, shall not be considered.

Article 7- Documents required to participate in the tender

The tenderers are required to submit the following documents within the scope of their tender offers in order to participate in the tender:

a) Address declaration for the notification and also telephone and e-mail address for communication if any,

b) The registered Chamber of Commerce and / or Industry or Professional Chamber in accordance with the legislation

1. If it is a real person, the document showing that it is registered to the Chamber of Commerce and/or Industry or the relevant Professional Chamber in the year of the first announcement or tender date,


2. If it is a legal entity, the document taken from the Chamber of Commerce and/or Industry in the year of the first announcement or tender date indicating that the legal entity is registered in the register in accordance with the legislation,

c) Signature declaration or signature circular showing that it is authorized to submit an offer for tender:

1. The signature declaration approved by Notary Public if it is a real person,

2. If it is a legal entity, Trade Registry Gazette indicating the partners, members or founders of the legal entity and officials in the management of the entity and showing the last status or the signature circular of legal entity with the documents certifying such matters,

d) The written undertaking regarding the cases mentioned in the relevant article of these instructions are not available and the relevant proof documents if requested by the beneficiary.

e) The tender letter, of which form and content, set out in this document,

f) Temporary guarantee defined in this document,

g) In case of participation to the tender by proxy, the power of attorney and signature circular approved by notary public for the person, who will participate in tender on behalf of tenderer,

h) The consortium declaration, if the tenderer is a joint venture, in case it is foreseen that consortiums can submit the tender offers with business partnership statement if the tenderer is a consortium,

i) The document showing that tender file is purchased,

j) A declaration regarding the legal entities in which it is a partner or a shareholder,

In the event that the tenderer is a joint venture, it is obligatory that the documents mentioned in paragraphs (b), (c) and (d) will be submitted separately by each partner. In the event that it is foreseen that they can participate in the tender, the documents mentioned in paragraphs (b), (c) and (d) must be given separately by each partner in consortiums.

k) The documents regarding the economic and financial adequacy to be determined by the Contracting Authority in accordance with the nature of the tender;

The balance sheet and income statement of the year 2017 approved by Tax Office, Independent Accountant - Financial Advisor. In the last 3 years there should be a net sales amount of TL 1.500.000 and above.

Letter of reference printed on letterhead. Original signature and stamp.

l) Documents related to professional and technical competence to be determined by the Contracting Authority (Work completion documents, allowance documents, etc.)

The Work Completion Certificate or Invoice in the rate of 70% of the proposed amount for the same or similar works (The rate of 70% must be provided on a single invoice or by a different payment for the same work.)

Which of the above documents will be considered as missing documents will be determined by the beneficiary according to the provisions of Article 10 and the nature of tender. The missing documents shall be completed within 5 days following the date of detection.

The tenderers are obliged to submit the original or notary approved copies of the abovementioned documents. However, within the framework of the provisions contained in Article 9 of Turkish Trade Registry Gazette Regulations, the copies of Trade Registry Gazette given to the tenderers after approved by the authorities of Gazette or Turkish Union of Chambers and Exchange Commodities as "same as original" and their notary approved copies shall be accepted.

The notarized documents are required to bear an annotation indicating that they are in accordance with the original, the documents which are approved after seeing the copy or photocopy and the documents which are bearing an annotation indicating that "same as the submitted document" or having similar annotation shall not be accepted.

The tenderers can add the copies of the requested documents, which are carrying the annotation of "the original document is seen by the Contracting Authority” or having similar annotation added by authorized personnel of the Contracting Authority and of which original documents are returned to them, to their tender offer.


Article 8- The Admissibility Of Foreign Tenderers To The Tender

The tenders to be realized by the Contracting Authority are open to domestic and foreign tenderers.

Article 9. The persons who cannot participate in the tender

The persons listed below shall in no way be able to participate in the Tenders within the scope of financial supports provided by Development Agencies directly or indirectly, or as a subcontractor either on their own account or on behalf of third persons;

a) The persons who are temporarily or permanently prohibited from participating in public tenders, those convicted of crimes and organized crime within the scope of the Anti-Terror Law, those who are convicted by a final judgment due to the fraud, corruption, taking part in a criminal organization or any other illegal activity

b) Those who have been found guilty of fraudulent bankruptcy by the relevant authorities.

c) The contracting officers of the Contracting Authority and persons assigned to boards having the same authority

d) Those who are assigned to prepare, execute, finalize and approve all procurement proceedings of the Contracting Authority relating to the subject of the tender.

e) Spouses, blood relatives up to the third degree, relatives of kinship by marriage up to the second degree, as well as adopted children and adopted parents of the persons mentioned in paragraphs (c) and (d).

f) The partners and the companies of the persons mentioned in paragraphs (c), (d) and (e) (except for joint stock corporations of which these persons are not on the board of directors or of which these persons do not own more than 10 % of the capital).

g) The organizations such as foundations, associations, unions, funds within the structure of the beneficiary or no matter whatever the purpose of the establishment regarding to it and the companies with which these organizations are partners.

h) The tenderers of foreign countries determined by the Council of Ministers and prohibited from participating in the tenders to be held in Turkey.

Furthermore, Contractors providing consultancy services for tendered work cannot participate in a tender for the same work. This restriction is also valid for companies in which these contractors have shares and managerial relationships, and their subsidiaries where such companies own more than half of the capital.

Tenderers who take part in the tender in spite of these restrictions will be excluded from the tender and their preliminary guarantee will be seized as income. Furthermore, in the case that the tender is awarded to one of these tenderers due to the fact that it is not detected at the stage of evaluation of the bids, their guarantee will be seized and the tender cancelled.

Subcontractors are not allowed. However, this does not prevent tenderers from participating in tenders in the form of a joint venture or consortium.

Article 10- Reasons for Being Excluded from the Tender

Tenderer shall be excluded from the tender proceedings where they are determined to be in the following situations;

a) Those whose bankruptcy is declared, who are the subject of an order of compulsory liquidation, or are under court administration due to debts to creditors, or who are in a similar situation under their own national laws and regulations,

b) Those having finalized debts with respect to social security payments in accordance with the relevant provisions of the legislation,

c) Those having finalized debts with respect to tax payments in accordance with the relevant provisions of the legislation,


d) Those who have been convicted by a court in connection with their professional activities during a period of five (5) years prior to the date of the Tender.

e) Those who have been proven by a Contracting Entity to have performed activities in violation of business or professional ethics in works realized for the latter during a period of five (5) years prior to the date of the Tender.

f) Those that have been prohibited from professional activities by the chamber which they are registered with according to the provisions of the related legislation as of the date of the Tender.

g) Those who have not submitted the information and documents required by the Contracting Authority under this Specification or those who have been established to have submitted misleading or fake information/documents.

h) Those who have participated in the tender although it was stated in Article 9 of this document that they cannot

i) Those who are established to be involved in prohibited acts and conduct as laid down in Article 11 of this document.

Article 11- Prohibited acts and conduct

The following acts and conduct are prohibited in tender proceedings:

a) To conduct or attempt to conduct procurement fraud by means of fraudulent and corrupt acts, promises, threats, unlawful influence, undue interest, agreement, corruption, bribery or other actions.

b) To cause confusion among tenderers, to prevent participation, to offer agreement to tenderers or to encourage tenderers to accept such offers, to undertake actions which may influence competition or the tender decision.

c) To issue or use fake documents or securities or to attempt to do so.

d) To submit more than one tender by a tenderer on his own account or on behalf others, directly or indirectly, in his own name or in the name of others.

e) Participating in the tender although it was stated in Article 9 of this document that they cannot.

The relevant legal provisions depending on the type of the prohibited act or conduct, will be applied to those who have carried out these prohibited acts and actions and they are prevented from participating in other tenders within the scope of financial supports provided by the Development Agencies.

Article 12- Tender preparation expenses

Tenderer shall be responsible for all of the expenses incurred in connection with preparing and submitting bids. The Contracting Authority cannot be held responsible with regard to the expenses born by the tenderer, regardless of the course and result of the tender.

Article 13- Explanations of the Tender Document

Tenderers may request written clarification of the tender document for such issues as they judge necessary until at the latest ten (10) days prior to the deadline for submittal of bids. Requests made after this date shall not be considered.

Where such a request is deemed appropriate by the Contracting Entity, the clarifications and explanations to be made by the Contracting Authority shall be sent in writing through registered mail or may be hand-delivered against signature, to all tenderers who have already acquired the tender documents by that date. The written explanation of the Contracting Authority will be sent in a timely manner so as to ensure that all tenderers will have been informed at the latest five (5) days before the bidding date.

The explanation will contain the description of the problem and the detailed answers of the Contracting Entity; the identity of the tenderer who has made the request shall not be disclosed. Complementary or supplementary explanations will be included as an annex to the tender document for those tenderers who purchase the tender document after the explanation has been made.

Article 14- Amendments to the Tender document


In principle, no amendments should be made in the tender documents after the advertisement of the tender notice. However, in case the material or technical errors or deficiencies that may affect the preparation of the tenders or the realization of the work are determined by the Contracting Authority or if the tenderers notified in writing and if such notification is deemed necessary by the Contracting Authority, an amendment to the tender file may be made by issuing an addendum.

The addendum will be sent to those who have purchased tender documents through registered mail, or may be hand-delivered against signature, and it will be ensured that all tenderers are notified at the latest five (5) days prior to the bidding date. In the case that the need for a time extension arises as a result of the amendment, the Contracting Entity can, on a one-off basis, postpone the bidding date for ten (10) days with an addendum. Selling the tender documents and receiving the offers within the postponed period will continue.

In case an addendum is issued, tenderers who have submitted their bids prior to this arrangement shall be given the opportunity to withdraw their bids and resubmit them.

Article 15- Discretion of the Contracting Authority to Cancel the Tender Prior to the Hour for the Receipt of Tenders

The tender may be cancelled prior to its hour in cases where considered necessary by the Contracting Authority or where it is established that the documents included in the tender documents contain items preventing the performance of the tender which are impossible to correct. Tenderers will be individually notified of the cancellation of the tender, with the reasons for the cancellation stated. Those who have already submitted their bids shall be notified of the cancellation separately.

In case of the cancellation of the tender, all bids that have already been submitted shall be considered rejected and these bids shall be returned to the tenderers unopened. The tenderer cannot make any claims against the Contracting Entity because of the cancellation of tender proceedings.

Article 16- Joint Ventures

Tenderers that shall submit tender for the procurement through establishing a joint venture shall submit a Joint Venture Statement, an example of which is enclosed, in which the pilot partner within the joint venture is specified, together with the tender. In the event that a joint venture is awarded the Contract, the respective joint venture shall be requested to submit the joint venture contract certified by a notary public before signing the Contract.

The Joint Venture Agreement (Joint Venture Statement) and Contract shall include the provision that physical bodies and legal entities comprising the joint venture shall be liable jointly and successively to perform the contract. The pilot partner shall have the majority of shares in the joint venture. The percentage of share of the partners shall be indicated in the Joint Venture Agreement (Joint Venture Statement) and Contract.

Article 17- Subcontractors

The undertaking that is subject of the tender cannot be assigned as a whole or in part to subcontractors.

Article 18- Type of tender and contract

The Contracting Authority determines whether the bids are based on lump sum or unit price and the tender procedure is announced in the tender announcement.

Article 19- Language of tender

Tender offers and annexes will be issued and presented in Turkish.

Article 20- Valid currency with regard to the tender and payments

The current currency in bids and payments is TL.

Article 21- Partial Tender Offers

In the tenders to be realized by the Contracting Authority, if the tender is not made in lots, the tender offers will be submitted for the whole work and partial offers will not be accepted.

Article 22- Alternative Bids

No alternative bid shall be submitted for the work, which is the subject of the tender.


Article 23- Way of submitting tenders

All documents including the Tender Letter and bid bond required in this Specification as a condition to participate in the procurement shall be put into an envelope or package. Name, surname or trade title of the tenderer, full address for notification, the work related to the tender and full address of the Contracting Authority holding the procurement shall be written on this envelope. The adhesive part of the envelope shall be signed, sealed or stamped by the tenderer.

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

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

Article 24- Form and content of tender letter

The tender consists of a Technical and a Financial tender and must be submitted in separate envelopes. There should be an original copy that says "ORIGINAL” in each technical and financial tender.

The tender letters shall be submitted as written and signed. With regard to the Tender Letter;

a) It must specified that the tender document is fully read and accepted

b) The tender price must be written clearly and consistently both in figures and in words,

c) There must not be any scraping, erasure and correction on it,

d) The Tender Letter must be signed by the authorized persons by indicating their names, surnames or trade titles.

Tender letters of tenderers that submit tenders as a joint venture are required to be signed by all members of the joint venture or persons duly authorized to submit tenders.

In the tender letters of the tenderers who will submit their proposals as consortium, the price offered by the Consortium partners for the parts of the work which require expertise, shall be written separately. The total price of the consortium will constitute the total price of the consortium.

Article 25- Validity Period of the TenderThe period of validity for tenders should be a minimum of 60 (sixty) calendar days starting from the Tender

date. Bidding letter with a period of validity shorter than the mentioned period shall not considered for the evaluation.

When needed the Contracting Authority may, before the expiry of the validity period of the tenders, request from the tenderer an extension of the validity period of the tender for a maximum of 30 (thirty) days. The tenderer is free to accept or refuse this request of the Contracting Authority. The preliminary guarantee submitted by a tenderer that has refused the request of the Contracting Authority shall be returned.

Tenderer having accepted the request should make the necessary arrangements, without altering the conditions of the bid and terms of the contract, to ensure that the preliminary guarantee complies with the new period of validity and with all of the provisions pertaining to the preliminary guarantee. Requests and answers regarding this issue shall be made in writing sent by registered mail or hand-delivered against signature.

The successful tenderer shall ensure the validity of the tender for the following 60 days from the date of notification of the awarding the contract. 60 days is added to the first 60 days regardless of the notification date.

Article 26- Values to be accepted as preliminary guarantee and guarantee

Within the scope of the tender, where it is announced that the preliminary guarantee is requested by the Contracting Authority, the tenderers shall provide bid bonds at the rate to be determined by them, but not less than 3% of the tender price. The tenderers that provide less than 3% of the tender price shall be disqualified from the evaluation.

In the event that the tenderer is a joint venture, the total amount of the provisional guarantee can be covered by one or more of the partners, regardless of the partnership rate or the tender offers given to the specialized areas of the job.


The validity date must be indicated in the preliminary guarantee letters which are submitted as preliminary guarantee. This date is determined by the tenderers, not less than thirty (30) days from the end of the validity period of the offer.

Bids not accompanied by an acceptable preliminary guarantee shall be excluded from the evaluation process on grounds that the required conditions of participation requested by the Contracting Authority have not been met.

Values to be accepted as guarantee are listed below;

a) Turkish Lira in currency,

b) Letters of Guarantee issued by banks and private financial organizations,

Letters of guarantee issued by foreign banks permitted to operate in Turkey under the related legislation and letters of guarantee issued by banks operating in Turkey based on counter-guarantees of banks or similar credit institutions operating outside Turkey shall also be accepted as guarantee.

Guarantees may be exchanged with other forms accepted as guarantee.

Article 27- Delivery Location for the Preliminary guarantee and Return of the Preliminary guarantee

Letters of guarantee will be put in the bid envelope and submitted to the contracting authority. Guarantees other than letters of guarantee should be deposited to relevant department of the Contracting Authority and the receipts should be submitted in the bid envelope.

The letters of guarantee of the chosen tenderer shall be kept by the Contracting Authority after the tender. The letters of guarantee of the other tenderers shall be returned immediately. The preliminary guarantee of the chosen tenderer shall be returned when the contract is signed and the performance bond submitted.

Article 28- Requests for additional information before deadline of tender offers

Information requests for the tender file and the subject of the tender shall be communicated in writing to the Contracting Authority until 10 days before the deadline for submission of tenders. The Contracting Authority announces the requests for information on the website and on the website of the relevant Agency, until 5 days before the deadline for the submission of tenders, as other tenderers will reach these information.

The Contracting Authority submits such information to all tenderers at the same time in writing, in case they provide additional information about the tender file, at his own request or at the request of any tenderer.

Article 29- Submission of tenders

The tenders must be submitted in order to be received as not exceeding the deadline specified in the tender invitation letter or in the notice. The tenders must be submitted as follows:

Via registered mail/ cargo service Demirtas Organize Sanayi Bölg. Ali Osman Sönmez Cad No:20 Osmangazi BURSA/TURKEY

OR it must be delivered to the Contracting Authority by hand Demirtas Organize Sanayi Bölg. Ali Osman Sönmez Cad No:20 Osmangazi BURSA/TURKEY (including courier services) and a signed and dated document must be received in return for delivery

The tender offers sent by any other means will not be considered. The tender offers must be delivered by using a double envelope system; two separate sealed envelope must be available, on one must be written A Envelope- Technical Offer, on the other one must be written B Envelope- Financial Offer inside of an outer package or envelope.

All other parts of the technical proposal, other than the financial offer, should be placed in the Envelope A (eg; tender submission form, organization and methodology certificate, key experts and fee document, tenderer's declaration, legal and financial identification form).

The failure to comply with these rules in any way (eg; unsealed envelopes or no reference to the price in the technical proposal) shall be considered a violation of the rules and lead to the rejection of the offer.

Article 30- Ownership of Tender Offers

The Contracting Authority has the property rights of all tenders received during this tender process. Consequently, tenderers are not entitled to withdraw their tenders.


Article 31- Opening of the Tender

The following procedure shall be applied by the Evaluation Committee regarding the receipt and opening of tenders;

a) The number of the tenders submitted by the deadline tendering time indicated in this Specification is specified by the Evaluation Committee with minutes, and it is announced to the audience and the tender will start.

b) The Tender commission shall review the tender envelopes in receiving order. Name, surname or trade title, full notification address of the tenderer, the work referred by the tender, full address of the Contracting Authority holding the tender on the envelope as well as the signature and stamp of the tenderer on the adhesive part of the envelope shall be checked in this review. The envelopes that do not meet the said requirements shall be written into a minute, and shall not be taken into consideration.

c) The envelopes are opened in the presence of the tenderers and the audience in order of their receipt. A control is carried out as to whether the documents of the tenderers are complete and whether the letter of bid and the preliminary guarantee conform to the procedures. Tenderers whose documents are not complete or whose letter of bid and preliminary guarantee do not conform to the procedures are recorded in a minutes. The tendereres and tender prices are explained and recorded in minutes.

In the service procurement tenders, only technical offer envelopes shall be opened and examined in respect of the foregoing. Since tenders that cannot reach the threshold score at the technical evaluation stage will not be accepted, the financial offer envelopes will not be opened until the technical evaluation is completed.

d) The minutes to be prepared according to sub-paragraph c are signed by the Evaluation Committee. The copy of these minutes approved by the Chairman of the Evaluation Committee shall be given to the persons who request against signature.

e) A decision with regard to the rejection or acceptance of the tender offer is not made at this stage; the documents constituting the tender cannot be corrected or completed. The session is closed for the evaluation commission to evaluate the tenders immediately.

Article 32- Evaluation of the tenders

The first decision during the evaluation process for the bids relates to the exclusion of bids according to Article 30 of this Specification due to incomplete documents or non-conformity of bids and preliminary guarantees to the procedures that were determined in the first session.

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

However,

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

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

c) Documents to be defined as missing documents by the beneficiary in Article 7,

will be completed within the given time.

In the event that the documents submitted by the tenderers within the given period regarding the completion of the information deficiencies are arranged at a date after the tender date, these documents will be accepted if the tenderer confirms that they have met the conditions for participation in the tender as of the tender date.

As a result of these initial evaluations and transactions, the tenderers shall submit a detailed evaluation of their tenders, whose documents are complete and the tender letter and the preliminary guarantee are in accordance with the procedure.


At this stage, in the tenders regarding purchasing of goods and construction works, it is examined whether or not the tenderers comply with the qualification criteria and the conditions specified in the tender file. Tenderer's bids, which are determined to be inappropriate, are excluded from the evaluation.

It shall be checked whether there is any arithmetic error in statements enclosed to the tender letters submitted by the tenderers at the final stage.

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

The tenderer shall be liable to notify written within five (5) days following the date of the aforesaid notification whether s/he accepts the corrected tender or not. In the event that the tenderer notifies that s/he does not accept the corrected tender or does not reply within this duration, then the tender shall be disqualified from evaluation and the bid bond furnished shall be registered as revenue.

In the tenders regarding the procurement of services, the administratively appropriate tender offers are evaluated technically. In the technical evaluation, the organization and methodology, service provider experience, knowledge and skills of key experts, which are recommended by the tenderer to perform the service procurement defined in the specification, will be taken into account and scoring will be performed. The financial offer envelopes of the tenders that score less than 80 threshold points as a result of the technical evaluation shall be returned to the tenderer without opening. The financial offer envelopes of bids exceeding 80 threshold points are opened and passed to the financial evaluation (scoring) stage. In the service procurement tenders, the participation of tenderers to the session where the financial offers are opened is not obligatory. The lowest tender price is 100 points and the other tender offers are scored proportionally. Technical evaluation and financial evaluation points are added together and the total score of the offer is calculated.

Except for the cases, where the Contracting Authority wants to pay the exceeding amount in the event that the tender offers exceed the financial resources, in all tenders, tender offers exceeding the maximum budget available for the contract will be eliminated.

The criteria for finalizing the tender shall be examined in accordance with the requirements set out in the Technical Specification. In the tenders regarding the purchasing of goods and construction works, the tender shall be awarded to the tenderer, who has submitted the lowest tender among eligible offers that meet the specification requirements. In the tenders regarding service procurement, the tender shall be awarded to the tenderer with the highest total score.

Article 33- To request from tenderers to clarify their tender offers

Upon the request of the Evaluation Committee, the Contracting Authority may request from the tenderers to clarify their tender offers for unclear issues in order to benefit them in the examination, comparison and evaluation of the tender offers.

This statement cannot be requested in any way in order to make changes in the tender offer price or to make suitable the tender offers that are not in compliance with the conditions in the tender file and cannot be used to produce this result. The request of the Contracting Authority and the replies of the tenderer to this request shall be in writing.

Article 34- The freedom of the Contracting Authority to reject all tender offers and cancel the tender

Upon the decision of the Evaluation Committee, the Contracting Authority is free to reject all tender offers and to cancel the tender by stating the reasons clearly. The Contracting Authority is not liable for the rejection of all tenders.

Cancellation may occur in case of the following conditions;

a) The failure of tender process, eg. in case there is no material or financially valuable offer or no offer;

b) Fundamental changes in the economic or technical data of the project;

c) In case all technically sufficient offers exceed the maximum budget for the contract (except for the cases, where the Contracting Authority wants to pay the exceeding amount in the event that the tender offers exceed the financial resources);


d) Some irregularities occurred in the process, in particular, in case they prevent fair competition;

e) In the event of exceptional circumstances or force majeure makes the normal performance of the contract impossible,

In case of cancellation of tender, this situation shall be notified to all tenderers immediately. In the event of cancellation of the tender process, the Contracting Authority shall inform all tenderers about the situation. If the tender process is canceled without opening the outer envelope of any tender offers, the sealed unopened envelopes will be returned to the tenderers.

The Contracting Authority cannot be held liable in any case and for any loss and loss of profit caused by the cancellation of the tender process without any restriction, even if it has been previously warned.

The cancellation of the tender process does not remove the responsibility of the Contracting Authority against the Development Agency.

Article 35- Codes of Conduct

Within the scope of financial support provided by Development Agencies, it is required to comply with ethical rules outlined below in the tenders hold by Contracting Authority;

a) The attempt to break the confidentiality principle and attempt to leak information by the tenderer, illegal acts of the tenderer for reaching an agreement with competitors, to try to influence the Evaluation Committee or the Contracting Authority in any of the audit, examination, clarification and evaluation processes will result in rejection of the offer and even cause administrative penalties.

b) The Tenderer shall not be affected by any potential conflict of interest and shall not in any way connect with other tenderers or other persons within the scope of the project.

c) When submitting an offer, the candidate or tenderer must act unbiased and reliably as required by professional and business life.

The failure to comply with ethical rules may result in the exclusion of the candidate, tenderer or contractor from other supporting activities organized by the Development Agencies.

Article 36- Objections

Tenderers who believe that they have suffered losses due to an error or irregularity in the process of finalizing the tender, they can write a petition directly to the Contracting Authority (by notifying the Development Agency). The Contracting Authority must provide an answer within 90 days of receipt of the complaint.

In the event that the Development Agency is informed of such a situation, the Development Agency should communicate with the Contracting Authority and should try to facilitate the work by providing an amicable solution to the problem arising between the complainant (tenderer) and the Contracting Authority.

If the method described above is not successful; the tenderer has the right to refer the event to the national judicial system of the Contracting Authority.

I read, accept. .../.../20….

Signature

Tenderer


Section B: Draft Contract (Special Conditions) and Annexes


CONTRACT AND SPECIAL CONDITIONS

CONTRACT REGARDING PRODUCT PURCHASEOn the one side

Işıksoy Tekstil İnşaat Taahhüt Sanayi ve Ticaret A.Ş.Demirtas Organize Sanayi Bölg. Ali Osman Sönmez Cad No:20 Osmangazi BURSA/TURKEY

("the Contracting Authority"), and

On the other side

Full Official Name of Supplier / Service Provider / Construction Contractor

Legal status / title1

< Official registration number>2

<Full official-notification address>

<Tax office and number>,

(“The Contractor”), the parties have agreed upon the following:

SPECIAL CONDITIONS

Article (1) Subject

The subject of this contract is to purchase 1PC Single Layer Carbon Fiber Weaving Line for the project of “Kompozit Sektöründe de Öncü Isıksoy (Isıksoy is the pioneer also in the composite industry)” to be applied in BURSA/OSMANGAZİ

Article (2) Structure of the Contract

The contractor shall carry out its activities in accordance with the requirements set out in this tender and in order of priority, including the Special Conditions ("Special Conditions") and the conditions set out in the following Annexes:

Annex-1: General Conditions

Annex-2: Technical Specification

Annex-3: Technical Offer

Annex-4: Financial Proposal (Budget Breakdown)

Annex-5: Standard Forms and Other Required Documents

In case of any conflict between the above documents, their provisions shall be applied in the order of priority mentioned above.

1 When the contractor party is a person,2 Where applicable. For persons, specify the identification number, passport or other equivalent document number.

If there is a change in the provisions of the General Conditions, the changes are specified in the Special Conditions. The Special Conditions given here are exemplary and are based on general practice. Therefore, it also covers the provisions regarding your tender. You can keep the same articles that you think applies to you.


Article (3) Contract Price and Payments

Contract Price is TL…………………

The prepayment will be made under the contract. <The prepayment amount is 30% of the contract price, i.e: TL.................. The prepayment will be made following the submission of the letter of guarantee for advance within 15 days after the signature date of the contract. The prepayment will be made following the submission of an advance payment letter of guarantee within 15 days from the date of signature of the contract.>

The contract price remaining after the prepayment will be paid after the installation of the line.

Article (4) Start Date

The start date of implementation is the date on which the contract is signed by both parties.

Article (5) Implementation Period

The period of implementation of the duties expressed in Annexes II and III of the Contract is 12 (twelve) months from the date of commencement of the contract.

Article (6) Reporting

The Contractor submits the progress reports as specified in the relevant articles of the General Conditions and the Specification.

Article (7) Contact-Notification Addresses

7.1 In all correspondences related to this contract between the Contracting Authority and the Supplier, the title and identification number of the contract shall be specified. The correspondence will be sent to the addresses specified in this contract by mail, fax or by hand.

7.2 The notification to be made to the address declared by the parties in written above shall be deemed to be delivered to him/her. If the parties do not provide written notice on the change of address, no responsibility shall be accepted regarding the failure to sent the notification to the new address.

Article (8) Governing Law and Language

8.1 Each issue is not regulated in the contract will be considered under the laws of the Republic of Turkey.

8.2 The language of the contract; All written communication between the parties shall be done in Turkish.

Article (9) Settlement of disputes

Any dispute arising out of or in connection with this contract and which cannot be resolved in any other way shall be settled by the courts of <BURSA>.

This contract has been prepared in one copy as it will remain in the Contracting Authority.

Contractor’s Contracting Authority’s

Name: Name:Işıksoy Tekstil İnşaat Taahhüt Sanayi ve Ticaret A.Ş.

Title: Title:

Signature: Signature:

Date: Date:


Annex -1: General Conditions


ANNEX:01

GENERAL CONDITIONS

Regarding the Contracts for Purchase of Goods and Service and Construction Works which are financed by Development Agencies

PRELIMINARY PROVISIONS

Article 1) Definitions and General Rules

(1) The words and terms included in the contract have the meanings explained herein below.

Administrative order /instruction: (as regards the execution of the matter which comprises the subject of the contract) all kinds of instruction or orders given by the Project Manager.

Contractor: Party which commits to complete the works which comprises the subject of the contract under a further contract.

Contract: Agreement which has been signed by the parties for the fulfillment of the woks within the scope of the financial support contract and which includes both the General Provisions referred herein as well as all the annexes and documents enclosed to the contract.

Contracting Authority: Party which makes the contract individually with the Contractor or the real or legal entity which is subject to public law and which is bound by that contract.

Contract price: Amount specified in the 3rd article of the Special Conditions.

Month/Day: Calendar month /day.

General loss and damages: Amount which is not specified in the contract and which has been determined by the parties so as to be paid as compensation to the party which is required to be paid by the violating party of the contract to the other party which is exposed to loss and damages due to such violation.

Liquidated damages: Compensation specified in the contract by the violating party of the contract to the other party in case this contract is not fulfilled either partially or completely by the violating party.

Project: Project relevant with the fulfillment of the work which comprises the subject of the contract.

Project Manager: Real or legal person appointed to follow up the execution of the contract on behalf of Contracting Authority.

Work which comprises the subject matter of the contract: Activities related with the supply of goods, service and construction works which shall be fulfilled by the Contractor within the scope of the contract.

Work Definition (Technical Specification): The document which has been prepared by the Contracting Authority and which is enclosed herewith, defining the terms and conditions, requirements and/ or objectives regarding the completion of the works which comprise the subject matter of the contract, and specifying the procedures and sources which shall be used by the Contractor in appropriate and relevant cases and/or the results to be reached in this respect. .

(2) In case the periods specified in the contract matches with holidays, such period is deemed to have been extended until the next business day.

(3) To the extent permitted by the scope and context of the text, the singular words specified in the contract have the plural meanings and vice-versa.

General Conditions are not subject to amendment . Articles which may be amended are given in the Special Conditions. Special Conditions have order of priority legally and will be applied prior to General Conditions


(4) Words which refer to persons and parties herein shall be deemed to be referring to companies, firms, and all corporations and institutions which are acting with the capacity of a legal entity.

Article 2) Notifications and written correspondences

(1) In case of any deadline for the acceptance of a written document, sending party should request a verification by the receiving party stating that the relevant document has been received. However, sending party should have taken all necessary measures to enable that the relevant notification shall be received by the other party on time.

(2) All notifications, acceptances/consents, approvals, documents or decisions to be transmitted by any party as per the contract shall be issued in written manner unless otherwise is stated herein and transmission of these items shall not be postponed except for reasonable conditions, or no abstention should be made for sending them, furthermore or verbal instructions shall be verified in written manner.

Article 3) Letter of award

(1) The tenderer which is awarded the contract shall be invited in written manner to make a contract. The seventh (7th) day following the mailing date shall be deemed to be the notification day for the tenderer. This notification may be mailed to the Contracting Authority’s address provided to get the signature of the tenderer in this respect.

(2) Tenderer is required to supply the performance bond (for the works in which performance bond is necessary) within five(5)days following the notification date of the letter of award and to sign the contract afterwards.

Article 4) Awarding the contract

(1)The contract which is issued in compliance with the terms and conditions specified in the tender dossier by the Contracting Authority shall be signed by officials on behalf of the Contracting Authority and by the Contractor. In case the Contractor is joint venture, contract should be signed all the partners of the joint venture.

Article 5) Tenderer’s duty and responsibility for making the contract

(1) Awarded tenderer should submit the documents indicating that the tenderer is not subject any situation referred in sub-clauses of (a), (b), (c), (d), (e) and (g) of the 9 th article of the Instructions in terms of the tender date and the performance bond within relevant period and should sign the contract accordingly. Bid bond shall be returned as soon as the contract is signed..

(2) Foreign tenderers shall submit the relevant documents which are considered equivalent with the ones specified in sub-clauses of (a), (b), (c), (d), (e) and (g) of the 9 th article of the Instructions according to their national legislation in terms of the tender date. If no equivalent documents are available within the tenderer’s national legislation or no opportunity exists for the issuance of such documents, than the foreign tenderers shall submit their written declaration which describes the current situation.

(3) In case of non-fulfillment of these obligations, without requiring to make any formal request of make judgment thereof, the awarded tenderer’s bid bond shall be recorded as revenue and the decision of the award shall be cancelled.

(4) The awarded tenderer who does not make a contract in due form except force major shall be prohibited to attend other tenders which shall be held by the Contracting Authority or Development Agencies for three years.

(5) Contractor shall plan, design, execute and complete the works by exercising due diligence (as set forth in the contract) and shall recover all failures which may occur in the works in accordance with the provisions of the contract. Contractor; to fulfill these liabilities, shall enable all inspection, examination and tests to be completed, either temporarily or permanently, and shall supply workmanship, materials and equipment.


(6) Contractor is not allowed to use materials which are harmful against human and environmental health as per the applicable legislation during the execution of the work or not permitted to apply such procedures thereof. Materials and procedures permitted by the applicable legislation shall be applied provided that necessary precautions have been taken and in due form. In case of violation of these liabilities, Contractor shall be obliged to compensate all the losses and damages incurred by the Contracting Authority and the third parties.

Article 6) Contracting Authority’s duty and responsibility for making the contract

(1) In case the Contracting Authority does not complete its liabilities for making the contract, Tenderer; within 4(five) days latest as of the expiry of the period specified in article 3. may waive from its commitment provided to send a ten (10) days notice certified by notary to the Contracting Authority and Development Agency and inform the situation thereof.

(2) In such a case, Contractor’s bid bond shall be returned.

Article 7) Assignment of the contract, Sub-Contract

Contractor is not allowed to assign the contract to a third party for the completion of the works by that party and is not allowed to make a sub-contract. Assignment of the contract shall be deemed to be a violation clause.

CONTRACTING AUTHORITY’S LIABILITIES

Article 8) Supplying information /document

(1) Contracting Authority shall immediately submit to the Contractor all necessary information and/ or documents for the execution of the contract. These documents shall be returned to the Contracting Authority when the contract expires.

(2) Contracting Authority shall cooperate with the Contractor to supply the information which may be requested reasonably by the Contractor for the accurate execution of the contract.

(3) Contracting Authority is authorized to request all kinds of documents which are necessary for the execution of the contract safe, effective and transparent, furthermore Contracting Authority is also authorized to perform all necessary actions thereof.

CONTRACTOR’S LIABILITIES

Article 9) General Liabilities

(1) Contractor shall perform the work in accordance with the applicable legislation and the contract. Contractor hereby accepts in advance to be the sole responsible party for the claims and sanctions which may born due to his adverse actions as per the current legislation.

(2) Contractor shall immediately submit to the Contracting Authority all necessary information and/ or documents for the execution of the contract. These documents shall be returned to the Contractor when the contract expires. In case requested by the Contracting Authority, copies of the relevant documents shall be supplied free of charge. Stages of the execution of the contract and the details thereof shall be informed to the Contracting Authority in the soonest time.

(3) Contractor shall fulfill all the requirements of the applicable law and regulations and shall enable its personnel and local staff to comply with these laws and regulations. Contractor shall guarantee that the Contracting authority shall not incur any loss or damages due to any claim, investigation, prosecution and litigation which may occur due to the violation of the laws and regulations by the Contractor and his personnel .


(4) Contractor shall execute the contract by exercising due diligence and shall follow the best professional applications and customs

(5) Provided to be effective for the construction works, during the execution of the contract, Contractor; in case facing up physical situations and artificial obstructions which may not be set forth by an experienced contractor and in case additional costs may born y and/or the contract period seems to be prolonged accordingly, shall notify the Contracting Authority about extension and about claims for these additional costs in accordance with the relevant articles include in the General Conditions. In such a case, Parties will decide to take all necessary measures according to the severity of these obstructions, to make necessary amendments, or to terminate the contract.

(6) It is accepted that the relevant bid has been submitted by making all standard researches which are necessary for the work to be undertaken.

(7) Contractor is liable to enable the Contracting Authority or his representative to be capable of accessing to the work site and provide the safety of the work site so that the project Manager can determine whether the work is being executed in compliance with the applicable legislation and the contract provisions and to be able to give the necessary administrative instructions.

(8) In case the Contractor considers that the conditions of the administrative instruction exceed the Project Manager’s powers or they are out of scope of the contract, then the Contractor shall transmit his opinion to the Project Manager within 10 days after he was ordered considering the restrictions about the notification period Fulfillment of the administrative instruction shall not be suspended due to this notification .

(9) In case the Contractor consists of a consortium or a joint venture formed by two or more entities, these entities shall be jointly and severally liable to fulfill the contractual provisions. The person who is appointed on behalf of the consortium or joint venture in line with the objectives of this contract shall have been authorized to bind and represent the consortium.

(10)Any amendment on the structure or combination of the relevant consortium or joint venture without the Contracting Authority’s prior written consent will be deemed to be a violation of the contract.

(11) In accordance with the terms of the contract made between the Development Agency and the Contracting Authority, Contractor shall make all necessary steps to advertise and introduce the financial contribution provided by the Development Agency adequately. These steps are required to comply with the recognition and visibility rules defined and published by the Developing Agency.

(12) For the contracts involving the combination of design; Contractor shall utilize the experienced designers for the design of the construction works and shall execute the process accordingly in accordance with the criteria determined by the Contracting Authority and shall undertake the responsibility of these actions. Contractor is obliged to prepare necessary technical documents in line with the provisions of the Special Conditions and the Technical Specification. These documents shall be submitted to the Project Manager for approval in compliance with the Special Conditions and the Contractor will be liable to recover all failures, neglects, uncertainties and other design based failures and errors in line with the request of the Contracting Authority at his own expense. Contractor shall train the Contracting Authority’s personnel. Contractor shall deliver detailed users’ manual and maintenance manuals in accordance with the Special Conditions and shall keep them updated.

(13) Contractor shall manage the works individually or shall appoint a representative. Such appointments requires the Contracting Authority’s approval. This approval may be withdrawn any time due to reasonable causes .

(14) Provided to be effective for the construction works, and if the Special Conditions require so, Contractor shall prepare the application program of the contract and shall submit it to the Contracting Authority’s approval. Program shall involve the following, as minimum:

a) The order suggested by the Contractor for the performance of the works;


b) Deadline for receiving and accepting the drawings;

c) General definition of the procedures suggested by the Contractor for the performance of the works ;

d) More comprehensive information and details which may be required by the Contracting Authority

(15) Deadline for the completion of the program which is required to be submitted to the Contracting Authority’s approval is specified in the Special Conditions. Special Conditions further includes the deadlines for the delivery of detailed drawings, documents and materials which are required to be delivered by the Contractor. Deadlines for the approval and acceptance f the Contracting Authority’s application program, detailed drawings, documents and materials are also included in the Special Conditions. Approval of the program by the Contracting Authority does not relieve the Contractor from his liabilities born from this contract.

(16) No material amendment is permitted on this program without Contracting Authority’s consent. However, in case the work progress does not comply with the program, Contracting Authority may instruct the Contractor to revise the program and may request the Contractor to submit the revised program for his approval.

(17) Provided to be effective for construction works, Contractor; in accordance with periods and procedures specified in Special Conditions and including the temporary works, shall submit to the Contracting Authority’s approval all the drawings, documents, samples and/or models as well as further drawings which may be deemed necessary by the Contracting Authority reasonably for the execution of the project. In case no decision is informed within 30 days, the relevant documents shall be accepted to have been approved.

(18) Contractor shall provide all maintenance and users’ guide and manuals, along with the drawings, which may be deemed necessary by the Contracting Authority for the maintenance, operation, adjustment and repair of the sections of the plants.

(19) Provided to be effective for construction works, objects having cultural values such as relics and antiques which are found during the excavation and demolishment, other objects having academic importance or objects made of precious mines shall be delivered to the Contracting Authority so as to be transmitted to relevant authorities in accordance with the applicable legislation.

(20) Contractor shall submit to the Contracting Authority relevant evidences regarding the execution of the contract, if requested. Contracting Authority/Project Manager; in cases of doubt of any extraordinary commercial expenses, is authorized to make necessary inspections on the documents or at the work site to find out necessary evidences thereof. Contractor shall provide appropriate conditions to the Project Manager to be capable of making necessary controls and inspections as specified above.

(21) When the hardware, temporary structures, plant and materials which were supplied by the Contractor are delivered to the work site, they will be only used for the execution of the works as per the contract. Contractor is not allowed to take these items either partially or completely out of work site without the Project Manager’s consent in this respect.

Article 10) Business ethic / code of conduct

(1) Contractor; in compliance with business ethic and/ or code of conduct and in line with his accurate consideration and discretion power, shall act with loyalty and objectively against the Contracting Authority ad shall abstain from adverse actions and attitudes which may leave the Contracting Authority in trouble. Otherwise, Contracting Authority may terminate the contract provided that the Contractor’s vested rights within the scope of the contract should be reserved.


(2) Contractor shall be paid only the amounts against his performance within the scope of the contract or against the delivery of goods. Such payments will be made by progress payments and no further payment shall be made.

(3) Contractor; without Contracting Authority’s prior written consent, is not entitled to receive any franchise fee, reward or commission either directly or indirectly for any patented or protected materials which are being used or utilized within the scope of the contract or project.

(4) Contractor and his personnel shall follow the professional confidentiality conditions during and after the contract period and shall never use the results of the survey, test or researches which have been made during the execution of the contract or for the achievement of the contract as well as any information supplied to him accordingly in such a manner to create adverse conditions for the Contracting Authority.

(5) Execution of the contract should not lead extraordinary commercial expenses. Otherwise, contract shall be terminated. Extraordinary expenses mean and include; commissions which are not specified in the contract or which have not been source from an appropriate agreement made by virtue of the contract, commissions not received against for any legal action or service, commissions which are transferred into a country where some tax advantages are available, commissions paid to a person whose identity is not definite or commissions paid to companies which are raising doubts about being fake companies.

(6) All the documents and information received within the scope of the contract shall be considered confidential by the Contractor. Details of the contract shall be never published without a written consent in this respect.

Article 11) Conflict of interests

(1) Contractor shall take all necessary measures to provide all kinds of cases which would endanger the impartial and objective execution of the contract. For this reason, Contracting Authority will not be made subject to any inconvenience. Conflict of interests which may occur during the execution of the contract should be informed to the Contracting Authority immediately in written manner .

(2) Contracting Authority is authorized to take additional measures including to investigate whether the measures which have been already taken are satisfactory or not and to claim for the replacement of the personnel if necessary. Contracting Authority, provided its right to indemnity shall be reserved due to the losses he will be exposed to, is entitled to terminate the contract instantly without requiring to make a notification thereof.

(3) Contractor; after the contract is terminated in this manner, shall limit its role relevant with the project with the execution of the work as per the contract. Except approved by the Contracting Authority in written manner, Contractor and other contractors which are acting with the capacity of a partner or the Contractor or the suppliers shall be prohibited to execute any work and services within the scope of the project including to bid for any part of the project.

(4) Governmental officers and other persons working in the public sector, regardless their administrative status and positions, unless approved by the Contracting Authority in written manner, shall not be appointed as expert in the contracts which are financed by the Developing Agency. In case such persons are assigned in this manner, no payment shall be allocated from the project’s budget.

(5) Contractor and other persons who are working under the Contractor’s authority or control for the execution of the contract or in any other activity are not allowed to utilize the financial supports of Development Agency where the project is financed or which have been provided within the scope of the same financial assistance program.

Article 12) Administrative and financial penalties

(1) Provided that the application of the penalties set forth by the contract is reserved ,in case the Contractor is found guilty from false declaration or misrepresentation or in case the Contractor is determined to have


violated his contractual liabilities in a previous supply procedure considerably, then the Contractor will not be permitted to attend the contracts or financial support programs which are financed by Development Agency for maximum three years. This shall be confirmed after a legal inquiry procedure shall be applied to the Contractor.

Contractor may notify his defense, along with the justifications thereof, through registered mail or any equivalent communication procedure within 7 days after this judgment is made. In case the Contractor does not reply against this penalty or in case the Development Agency does not withdraw the punishment in written manner within 30 days after the Contractor’s defense is notified, the penalty decision shall be binding. In case of repetition of the offense within five years as of the primary violation, the decision of prohibition may be raised to six years.

(2) Contractors who are determined to have violated their contractual liabilities considerably except force major shall be punished financially by 10% of the total contract price. In case such violations are repeated within the scope of other Developing Agencies’ financial support programs within five years as of the primary violation, this rate of fine may be raised to 20% .

(3) In case the Contractor does not deliver the goods/ complete the work on time as per the contract, a 10 day delay notification will be sent to the Contractor by the Contracting Authority and a delay penalty by 1% (one percent) of the contract price shall be applied for each delayed calendar day, and in case the situation is repeated despite this delay notification; Contractor’s performance bond will be recorded as revenue and the contract will be terminated.

Article 13) Liability to compensate

(1) Contractor; at his own cost, shall defense, protect and compensate the Contracting Authority and its attorneys and employees from/for all kinds of claim, litigation, loss and damages which are born from the failure or negligence of the Contractor during the execution of the works including the violation of legal provisions or third parties’ rights in terms of other intellectual property factors such as patents, trademarks and royalties, such that:

a) Contracting Authority shall notify the relevant claim, lawsuit, damages and losses to the Contractor within 30 days latest after getting aware of ;

b) Contractor’s broadest responsibility against the Contractor Authority is hereby limited with the total contract price and this ceiling value shall not be effective for the losses and damages incurred by the third parties sourced from negligence, failure or deliberate actions of the Contractor;

c) Contractor’s liability shall be limited with assertions, claim, litigation, loss and damages which are directly born from the non-fulfillment of his liabilities within the scope of the contract and shall not include responsibilities born from situations which are not known beforehand which arise as an accidental or indirect result of them. .

(2) Contractor, at his own cost, in case requested by the Contracting Authority, and in case the Contractor does not fulfill his liabilities born from the contract, shall recover all kinds of defects and failures within the scope of the work.

(3) Contractor shall not undertake any responsibility for assertions, claim, lawsuit, loss amd damages born from the reasons listed below:

a) If the Contracting Authority neglected to make necessary action despite the Contractor’s suggestion in this respect or does not follow Contractor’s any action, decision or


recommendation, or if the Contracting Authority pushes the Contractor to apply any decision which indeed is not shared or agreed by the Contractor ; or

b) In case the Contractor’s instructions are applied wrong and inappropriate by the Contracting Authority’s attorneys, employees or independent workers.

(4) Contractor’s liability, as he has not fulfilled his liabilities born from the contract, shall survive during the period set forth by the applicable law after the works are completed .

Article 14) Health, insurance and occupational safety regulations

(1) Contracting Authority may request that the Contractor and/or his personnel should be subject to a physical check-up by an appropriate health institution before leaving their residences and should submit the health certificates- issued by this health institution- to the Contracting Authority in the soonest time.

(2) Contractor; provided to be effective during the contract period, shall fulfill all liabilities for himself and for his employees which are born from the applicable labor law and social security legislation .

(3) Contractor; if requested by the Contracting Authority, within 20 days as of the signing of the contract, up to the maximum amount set forth by the applicable legislation, shall issue a full indemnity-insurance policy and shall keep it effective during the contract period.

This insurance policy shall cover the following issues during the contract period :

a) Contractor’s liability born from his personnel’s diseases and occupational accidents;

b) In case the materials owned by the Contracting Authority are lost or damages during the execution of the contract;

c) Legal responsibility to be undertaken in case the third parties or Contracting Authority and his employees are exposed to accidents due to reasons born from the executio9n of the contact, and

d) Deaths which may occur in relation with the execution of the contract or permanent disability or incapacity which may occur due to work accidents..

(4) Contractor should submit all relevant documents evidencing that social security policy fees and premiums are paid regularly when requested by the Contracting Authority or the Project Manager.

(5) Contractor shall take all necessary occupational safety precautions against the dangers and hazardous situations which his employees and experts may be exposed to.

(6) Contractor is responsible to follow up the physical risk situation incurred by his employees and experts and to keep the Contracting Authority informed about. If the Contractor or Contracting Authority gets aware of any hazardous situation which may threaten the health or life of any employee or expert of the Contractor, Contractor shall make all necessary steps and take relevant measures to enable the safety conditions. If the Contractor makes all necessary steps and actions for safety purpose, the situation should be immediately informed to the Contracting Authority or Project Manager. In such a case, the contract may be suspended according to the article 35.

Article 15) Intellectual and industrial rights

(1) Unless otherwise stated herein, maps, schemes, drawings, specifications, plans, statistics, accounts, data bases, software, supportive/verifying records or materials and further data and reports which are acquired, complied or prepared by the Contractor during the execution of the contract shall remain under the absolute possession of the Contracting Authority. Contractor; upon the expiry of the contract, shall deliver all these materials and documents to the Contracting Authority. Contractor; without Contracting Authority’s prior written consent, is not allowed to keep the copies of these documents and data and is not allowed to use them for other purposes except the execution of the contract


(2) Including royalties and other intellectual and industrial property rights, all kinds of result and right acquired during the contract period regarding the written materials shall remain under the absolute possession of the Contracting Authority. Contracting Authority; provided that the cases where the intellectual and industrial property rights were existing beforehand are excluded, is allowed to use these printed materials appropriately without any limitation and is allowed to publish, transfer or assign them.

Article 16) Personnel and equipment

(1)Contractor; except the key personnel whose resumes have been submitted as per the specification, should inform to the Contracting Authority all the personnel who are planned and considered to be employed within the scope of the execution of the contract. Minimum educational level which the personnel should have, their qualifications and experiences – and if necessary- expertise levels shall be also stated. Contracting Authority is entitled to object against the Contractor’s decisions on selection of the personnel.

(2)Upon the Contracting Authority’s approval, all personnel to be employed in the project shall start to work during the period specified, if not; they will begin to work on the date and within the period which is informed to the Contractor by t5he Contracting Authority or the Project Manager.

(3) Except the cases stated otherwise in special conditions, personnel being employed in the project shall reside in an area which is close to the workplace. In case some part of the services will be conducted abroad, Contractor shall inform the names and qualifications of the personnel who will be assigned abroad .

(4) Contractor :

a) shall submit to the Project Manager the time schedule which is envisaged for the employment of the personnel within 7 days after it is signed by the both parties;

b) Personnel’s arrival and departure dates shall be informed to the Project Manager ;

c) shall submit his request to the Project Manager for receiving necessary written approval which would enable the assignment of the personnel who is not within the scope of key personnel.

(5) Contractor shall take all necessary measures for the supply of necessary equipment and supportive materials so that the personnel shall be able to fulfill their duties effectively and productively.

Article 17) Replacement of the personnel

(1) Contractor; without Contracting Authority’s prior consent, is not allowed to replace the personnel who has been approved beforehand. Contractor should offer for replacement of the personnel under the following cases with his own initiative:

a) In case of the decease of the personnel or in case he becomes sick or has an accident .

b) Occurrence of a necessary situation for replacement sourced from reasons beyond the Contractor’s control ( for instance; resignation).

(2) In addition to these reasons, in case the Contracting Authority considers that a personnel or an expert is nonproductive or is incapable of fulfilling his duties within the scope of the contract, in such a case the Contracting Authority shall make a written request along with the justifications thereof and nay request replacement of personnel during the contract period.

(3) In cases where a personnel replacement seems to be necessary, the new one should have at least the same qualifications and experience with the one he is replacing for. The wage payable to the new personnel is not allowed to exceed the previous personnel’s wage. If the Contractor is unable to find someone with same qualifications and experience, Contracting Authority may decide to terminate the contract if the appropriate execution of the contract may be in danger. If no danger is expected, than the suggested personnel can be accepted. However, in such a case, suggested personnel’s wage shall be discussed again in line with the qualifications acquired by him.


(4) Additional costs to born from the replacement of the personnel shall be undertaken by the Contractor. In cases when the expert is not replaced immediately or a definite period should be completed so that the new expert will start work, Contracting Authority may require the Contractor to assign a temporary expert until the relevant new expert begins to work or to take any other measures which may compensate the temporary absence of that expert. In both cases, Contracting Authority shall not make any payment for the period in which the expert or the replacing one is absent.

PERFORMANCE OF THE CONTRACT

Article 18) Delays in Performance of the Contract

(1) Timely performance and completion of the contract in due time are essential. Should the Contractor fails to complete the Contract works in due time, the Contracting Authority shall become entitled to compensation of liquidated damages for each day and parts of days that may occur between the contractual completion date and the actual date that the contract works completed without requiring further notification and without detriment to the Contracting Authority’s other rights under hereby Contract.

(2) The daily rate of liquidated damages shall be calculated by division of the contract price by the number of days of performance.

(3) If the amount of liquidated damages exceeds %15 of the contract price, then the Contracting Authority shall become entitled to rightfully terminate the Contract upon notification to the Contractor and have the works completed on the Contractor’s behalf.

Article 19) Modification of the Contract

(1) Any significant modifications of the Contract, including the changes on the contract price shall be made by means of a written addendum. If the Contractor requests a modification in the Contract, the Contractor shall submit such request to the Contracting Authority at least 30 days prior the date on which such changes are stipulated to enter into the force. This provision is not applicable on any modification request by the Contractor which are justified by concrete evidence by the Contractor and are approved by the Contracting Authority.

(2) Before issuing any administrative instructions for such modifications, the Project Manager shall notify the scope and the form of such modification to the Contractor. The Contractor shall submit written proposal to the Project Manager, that cover the issues given below, as soon as practically possible upon receipt of this notification:

a) A description of the service to be performed or measures to be taken, and an application program and

b) Changes to be introduced to work schedule and the contractual obligations of the Contractor

(3) The Project Manager will decide whether to apply the change as soon as possible after receiving the Contractor's proposal. If the project manager decides to proceed with these changes, an administrative instruction will be made to govern the change as amended by the project manager or with the conditions specified in the contractor's proposal.

(4) Upon receiving the administrative instruction for which the modification is requested, the contractor will immediately begin implementing the modification and, as such, the modification shall become binding to the general terms itself, as if originally written in the contract.

(5) The contracting authority shall notify the contractor in writing the name and address of the project manager. The Contractor shall in return notify the name and address of the officer assigned as liaison officer for the Contract, its supervisor(s) and the bank account in writing to the contracting authority. The contracting authority has the right to object to the bank account or auditor selected by the contractor.

(6) The payment of the contracting authority to the bank account stated in the contract shall be deemed to have eliminated its liabilities on respective regard.

(7) No modifications can be made retrospectively. Any contract changes that are not in the form of administrative orders or addendums or that are not made in accordance with the provisions of this article shall be deemed null and void.


Article 20) Hours of Operation

(1) The working days and hours of the Contractor or the Contractor’s personnel shall be determined according to the work requirements and relevant laws, regulations and customs of the job.

(2) The contractor cannot change the working hours at his own discretion. It is mandatory for the working hours to comply with the working hours of the contract, and to seek approval of the Contracting Authority for possible changes.

Article 21) Leaves

(1) During the performance of hereby Contract, the experts and key personnel of the Contractor are obliged to use their legal annual leaves at such times and dates approved by the Project Manager.

Article 22) Contractor’s Records and Books

(1) The Contractor shall retain full, accurate and systematic records and accounts in relation to the work, and these records and accounts should be in the shape and detail that will prove sufficiently the number of working days specified on the contractor's invoice (invoices) and that the incidental expenses were completely spent for performance of the works.

(2) The working time sheets of the Contractor’s Personnel shall be kept and maintained by the Contractor. These sheets shall be submitted to the approval of the Project Manager or another person so authorized by the Contracting Authority or directly by the Contracting Authority once in a month. The amounts indicated on the invoices issued by the Contractor shall be in full compliance with these sheets. For the experts engaged for long-term, these sheets shall also indicate the number of work days. For short-term experts, the time sheets shall indicate the number of working hours. The hours of travels exclusively for the purposes of hereby Contract may -to be assessed for each individual case- be included in such days or hours indicated on these sheets.

(3) These records must be stored for 5 years after the last payment made under the contract. These documents shall include all records required for the control of proofs and proof of documentation, including working time schedules, tickets for aircraft and other means of transport, invoices for receipts of fees paid to experts, and invoices or receipts for incidental charges. Failure to store these records will constitute a breach of the contract and will result in the termination of the contract.

(4) The Contractor shall allow the Project Manager or any person authorized by the Contracting Authority, or directly the Contracting Authority or the Development Agency, to inspect and to audit work records and accounts, and copies thereof, both during and after the performance of the work.

Article 23) Inspections by judicial and administrative authorities

(1) The Contractor shall keep the documents in a quickly accessible and filed manner so that the judicial and administrative authorities can easily review them.

(2) The Contractor shall provide the necessary convenience to the officers in the investigations carried out by the judicial and administrative authorities and shall provide the requested information and documents in a timely manner.

Article 24) Interim and Final Reports

(1) The Contractor is obliged to prepare interim reports and final reports to be requested under the contract during the performance of the contract. These reports will consist of a technical section and a financial section where expenditures are shown. The format of these reports will be communicated by the Project Manager to the Contractor during the execution of the contract.

(2) Immediately prior to the expiry of the contract period, the Contractor shall prepare a final report and shall include a critique of the main problems arising during the execution of the contract, if any.

(3) This final report shall be forwarded to the Project Manager no later than 30 days after the end of the contracting period. This report shall not be binding upon the Contracting Authority.

(4) In cases where the contract is carried out in phases, the Contractor shall issue a final progress report on the performance of each phase.

Article 25) Approval of reports and documents


(1) The Contracting Authority’s approval of the reports and documents prepared by the Contractor by the shall mean that they are certified to be in conformity with the terms of the contract.

(2) Within 30 days of receiving the documents and reports, the Contracting Authority shall notify the Contractor of its decision and indicate the reasons if it has rejected or requested amendments to these reports or documents. If the Contracting Authority does not give any opinion on the documents and reports within the prescribed period, the Contractor may request their acceptance in writing. If the Contracting Authority does not express its views explicitly to the Contractor within 30 days of receipt of this written request, the documents or reports shall be deemed approved.

(3) Where a report or document’s approval by the Contracting Authority is conditional to the changes to be made by the Contractor, the Contracting Authority shall specify a period of time for the changes requested, which period may notbe more than 15 days.

(4) In cases where the contract is carried out in stages, the performance of each phase shall be subject to ratification by the Contracting Authority, except in cases where such phases are carried out simultaneously.

PAYMENTS AND COLLECTION OF THE AMOUNTS DUE

Article 26) Advance Payments and Payments

(1) Advance payments can be made provided that it is expressly stated in the Special Conditions of the Contract. In this case, the Contractor shall submit an advance letter of guarantee up to the amount of the advance payment.

(2) Payments shall be made on the basis of progress payment in construction works and service procurement contracts. The Contracting Authority shall conduct an examination as of the date of transfer of the required documents and payment request by the Contractor and the payment shall be transferred upon the determination of the eligibility for the payment.

(3) Payments in goods procurement contracts shall be made following the delivery of the goods subject to the contract. In case of advance payment, advance payments shall made following the order and the balance shall be paid on the delivery of the goods according to the invoice.

Article 27) Inspection and verification of costs

(1) If deemed necessary, the Development Agency may request the examination and verification of invoices and financial reports by an external auditor who is a member of an internationally recognized statutory auditing body within the framework of the expenses incurred by the beneficiary as a part of the financial incentives provided by the Development Agency.

(2) The Contractor shall provide all access and acknowledge access rights of the auditor for inspection.

(3) In case of any irregularity detected in the examination, the Development Agency will apply for all necessary legal remedies.

Article 28) Payments and default interest

(1) In case where the Contracting Authority delays any due payment to the Contractor, the Contractor shall become entitled to request for a default interest over such delayed payment of an amount to be calculated by addition of 3 points to the rediscount interestas announced by the Central Bank of Turkey on the first day of the month in which the latest date of payment expired.

Late payment interest shall be valid for the period between the due date of the payment (including the day) and the date on which the Contracting Authority's account is charged (excluding the day).

(2) The payments to be made by the Contracting Authority shall be deposited in the bank account to be notified by the Contractor.

(3) In service contracts, payment requests shall be submitted accompanied by invoices as well as a copy or excerpts of the relevant working time sheets, proving the amounts invoiced for the time spent by the experts.

(4) The payment of the final balance depends on the Contractor having fulfilled all obligations related to the execution of all phases or parts of the works and that the Contracting Authority approved the last phase or part of the same. The


final payment will only be made after the last / final progress report and final accounts have been submitted by the Contractor and approved by the Contracting Authority.

(5) The contract is not considered completed unless the final acceptance approval certificate is issued and signed.

(6) If any of the following events occurs and exists, the Contracting Authority may, suspend payments to be made to the Contractor under the Contract in whole or in part, upon a written notification:

a) Contractor’s default in performance of the Contract;

b) Any other circumstances under the responsibility of the Contractor as per the Contract, which, according the Contracting Authority’s sole discretion, may prevent, put at risk or threat due and successful completion of the project or contract.

(7) The responsibility for the payments is entirely between the Contracting Authority and the Contractor. Any disruption in payments cannot be attributed to the Development Agency.

Article 29) Guarantee and insurance,

(1) The Contracting Authority may request the submission of performance security in the contracts to be concluded. In this case, the Contractor shall submit a performance bond not less than 6% of the contract price.

(2) The performance bond shall be issued on the letterhead of the financial institution, bearing authorized signatures.

(3) The performance bond shall be released within 45 days of the end of the final report, unless the Special Conditions require otherwise.

(4) In case the validity of the performance bond is terminated and the Contractor is unable to have it re-validated, the Contracting Authority may deduct a sum amounting the totality of the payments made until that date from the payments to be made to the Contractor under the Contract or may, should the Contracting Authority deems that such deduction cannot be made, terminate the Contract.

(5) If the contract is terminated for any reason, the debts of the Contractor to the Contracting Authority shall be collected from the performance bond. In this case, the institution issued the performance bond shall not delay the payment or object to the payment for any reason whatsoever.

(6) Unless otherwise specified in the special conditions, the Contractor shall be obliged to insure the works and the work place for sufficient amounts to renew the work, in order to prevent the possible losses and damages. The insurance shall be made on behalf of both the Contractor and the Contracting Authority and this insurance shall cover any and all losses or damages covered by the Contractual Obligations.

(7) Notwithstanding the insurance obligations of the Contractor, the Contractor shall be liable to the claims made by third parties for personal injury or damage to property resulting from the execution of the works by its employees and shall hereby accepts, aggress and undertakes in advance that the Contracting Authority cannot be held liable for such claims.

Article 30) Collection of debts from Contractor

(1) The Contractor shall reimburse any and all surplus amounts paid in excess of finally approved price which the Contractor therefore owes to the Contracting Authority, within 15 days following the request by the Contracting Authority. If the Contractor fails to make this payment in due time, the Contracting Authority shall collect such amounts plus the legal interest to be calculated by adding 3 points to the rediscount interest as announced by the Central Bank of Turkey.

(2) The amounts to be repaid to the Contracting Authority may be deducted from the amounts owed to the Contractor in any way. This will not affect the rights of the Contractor and the Contracting Authority to agree on making repayments in installments. Where necessary, the Development Agency may replace the Contracting Authority as a financial support institution on the basis of the succession principle.

(3) The bank charges arising from the reimbursement of the amounts owed to the Contracting Authority shall be fully paid by the Contractor.

Article 31) Acceptance and Maintenance for Construction Works


(1) The provisional and final acceptance inspections of the contract works shall be carried out by the Project Manager in presence of the Contractor.

(2) The Contracting Authority may begin to use certain structures, constructions or construction sections as completed. Partial acceptance procedures must be carried out prior to the take-over of structures, constructions or construction sections by the Contracting Authority. However, in case of an emergency, the hand-over may be made prior to acceptance, provided that the inventory of the works to be completed has been prepared by the Project Manager and that an agreement has been reached by the Contractor and the Project Manager on this regard. Upon handing over a building, a section of the same or a section of the construction site to the Contracting Authority, the Contractor shall not be obliged to correct any damages that may occur except for those caused by a defective work or workmanship.

(2) Upon completion, the construction works shall be taken over by the Contracting Authority if they successfully pass the audits/inspections of completion and are found suitable for use, and a provisional acceptance certificate shall be issued or deemed to have been issued which shall, inter alia, indicate the date on which the works are completed in full accordance with the contract and thus have become ready for provisional acceptance.

(3) The period of maintenance is 365 days, unless specified in special conditions or specifications. The Contractor shall be responsible for correcting any defects or damages that may occur during the maintenance period, which result from the design, workmanship and material as soon as possible.

(4) Upon the expiration of the maintenance period or in cases where there are more than one maintenance periods, upon expiration of the final period and provided that all defects and damages are corrected, the Project Manager shall issue minutes of final acceptance a copy of which shall be given to the Contracting Authority within latest 30 days.

(5) The Contractor shall not be deemed to have fully performed the works until the final acceptance certificate has been signed or deemed to be signed by the Project Manager.

(6) Notwithstanding issuance of the final acceptance certificate, the Contractor and the Contracting Authority shall continue to be liable for fulfilling any unfulfilled obligation that occurred before the issuance of the final acceptance certificate. The nature and scope of any such liability shall be determined by reference to the terms of the contract.

Article 32) Delivery, acceptance and guarantee transactions in goods procurement contracts

(1) The contractor shall deliver the goods according to the conditions of the contract. Responsibility of the goods are lies with the supplier until their provisional acceptance.

(2) The Contractor shall ensure that the goods are properly packaged in order to prevent the goods being damaged during the transport to the place where they will arrive. Packaging, without any limitation, should be such as to minimize the impact of physical and climatic conditions that may be encountered during transport and outdoor storage. The packaging, as well as the inner and outer marking and their documentation shall be in full compliance with the provisions of the Special Conditions and with any and all changes that may be requested by the Project Manager.

(3) The Contractor may not transport or deliver any goods without receiving the order for delivery issued by the Project Manager. The Contractor shall be responsible for delivery of all goods referred to in the Contract to the point of delivery. If the Project Manager does not issue provisional acceptance or reject Contractor’s application within 30 days, the provisional acceptance shall be deemed to be approved on the last day of this period.

(4) The goods shall not be deemed to have been accepted until the completion of the inspection and testing procedures which shall be carried out at the expense of the Contractor. Inspections and tests may be carried out on site before shipment and / or at the final delivery point of the goods.

(5) The Project Manager has the right to issue following orders and take following decisions before taking over the goods through the shipment:

a. The withdrawal of the goods which are considered to be non-compliant with the contract within the period to be given;

b. Replacement of these goods with proper and suitable goods,

c. Disassembling and reassembling of the assembly in cases where the installation is not suitable in workmanship or design for which the Contractor is responsible, regardless of the previous tests and interim payments,


d. Whether the work done, the goods supplied, or the materials used by the Contractor are in conformity with the contract, or whether all or part of the goods meet the contract requirements.

(6) The Contractor shall correct the stated errors as soon as possible and bear all costs of the same. If the Contractor does not comply with these instructions, the Contracting Authority has the right to have such instructions carried out by others and all relevant expenses and costs shall be deducted from the payments to be made to the Contractor by the Contracting Authority.

(7) Goods which do not comply the quality requirements of the Specifications shall be rejected. A special mark is placed on the rejected goods. This marking shall not distort the goods in question or affect their commercial values. If goods are rejected, they are taken by the Contractor from the point of delivery within the period determined by the Project Manager, and all at the expense of Contractor's own costs and risks for them. No-works in which rejected goods were used may be accepted.

(8) The goods shall be transferred to the Contracting Authority when they are transported in accordance with the contract and pass the required tests or when they have been deemed to have successfully passed the tests upon receipt of the Provisional Acceptance Certificate or deemed to do so.

(9) When the goods are ready for delivery, the Contractor shall apply to the Project Manager for Provisional Acceptance Certificate. Within 30 days following this application, the Project Manager shall perform either one of the following transactions:

a) Issue A Provisional Acceptance Approval Document, which includes the reservations and concerns (if any), the date on which the delivery has been completed and the goods provisionally accepted pursuant to the contract and a copy of which shall remain with the Contracting Authority; or

b) Decline the application by giving justifications and specifying the works, processes and proceedings to be performed by the Contractor so as to become eligible for provisional acceptance.

(10) If the Project Manager does not issue a provisional acceptance approval within 30 days or does not reject the goods, it shall be deemed that the provisional acceptance approval certificate has been submitted.

(11) In case of partial shipment, the Contracting Authority has the right to partial acceptance.

(12) After the provisional acceptance of the goods, the Contractor shall remove the temporary structures and materials which are not required for a work related to the implementation of the contract. In addition, it will remove all kinds of garbage and blocking elements and will restore the place of acceptance as required by the contract.

(13) The Contractor hereby warrants that the goods are combined with the latest innovations in the new, unused, the latest model and the design and if not otherwise stated in the contract. The Contractor warrants that the design or materials are free from defects in materials or workmanship, as specified in the specification, except as a result of use errors or omissions. This warranty provision remains valid as specified in the Special Conditions.

(14)The Contractor is responsible for correcting any defects or damages that occur during the warranty period and for correcting:

a) Consequences of defective material, faulty workmanship or the errors in the design of the Contractor,

b) Defects or defaults caused by any omission or action by the Contractor during the warranty period,

c) Any defects or defaults that are detected during tests conducted by or on behalf of the Contracting Authority.

(15) The Contractor shall correct all defective or damaged goods as soon as practicable, at his own expense. The warranty period for all goods that have been changed or repaired will start from the date the Project Manager is satisfied with the result. If the contract permits partial acceptance, the warranty period shall only be extended for parts affected by renewal or repair.

(16) If such defect or damage occurs during the warranty period, the Contracting Authority or Project Manager shall notify the Contractor. If the Contractor does not proceed with a remedy within the time given in the notification, the Contracting Authority may;


Correct such defects or defaults or have the same carried out by others at the expense and risk of the Contractor. In this case, the costs shall be deducted from the payments to be made to the Contractor or from the Contractor’s securities or from both by the Contracting Authority or;

May terminate the Contract.

(17) In cases of urgency when the Contractor could not be contacted immediately or when the Contractor fail to fulfill its obligations, the Contracting Authority or the Project Manager shall have all such obligations fulfilled at the expense of the Contractor and shall notify this to the Contractor as soon as possible.

(18) The warranty period begins on the temporary acceptance date and the warranty obligations are specified in the Special Conditions and Technical Specifications. If the warranty period is not specified, it will be deemed as 365 days.

(19) Upon expiry of the warranty period, the Project Manager shall issue a final acceptance confirmation certificate to the Contractor stating the date of completion of the Contractor's obligations under the Contract with the satisfaction of the Project Manager and a copy of which shall remain with the Contractor. Final Acceptance Certificate of Approval is prepared within 30 days after the end of the warranty period.

(20) The contract is not considered complete until the final acceptance confirmation is signed or deemed to have been signed by the Project Manager.

Article 33) Price Changes

(1) Price / charge rates or amounts cannot be changed unless otherwise specified in the Special Conditions.

VIOLATION AND TERMINATION OF THE CONTRACT

Article 34) Violation

(1) Any party is deemed to have violated the contract when it fails to fulfill any of its obligations under the contract.

(2) In the event of a breach of the contract, the party that has suffered breach shall have the right to apply to the following legal remedies:

a) Collection of damages and losses through mutual agreement and/or

b) Termination of the contract and collection of damages and losses through legal remedies.

(3) The damages and losses may include:

a) Overall damages and lossesor

b) Liquidated damages.

(4) The Contracting Authority may, at any time when it is entitled to the loss-dues, be entitled to deduct these loss-dues from the amounts to be paid by the Contractor or from the Contractor’s bonds.

(5) The Contracting Authority reserves the right to receive compensation for the damages or lossesdetected after the completion of the contract.

Article 35) Suspension of Contract

(1) The Contracting Authority shall suspend the execution of the contract in the event of material errors or irregularities or fraudulent acts on the award of the contract or performance of the contract.

(2) In the event that such errors or irregularities or frauds arise from the reasons attributable to the Contractor, the Contracting Authority shall, as an additional measure, have the right to refuse to pay to the Contractor in proportion to the seriousness of such errors, irregularities or fraud, or to recover the amounts previously paid.

Article 36) Termination by Contracting Authority

(1) The contract shall be deemed to be terminated spontaneously if no payment has been made within one year from the signing of the contract by both parties.

(2) Termination shall not prejudice other rights and powers of the Contracting Authority or the Contractor under the contract.


(3) In addition to the grounds of termination described in these General Conditions, the Contracting Authority may terminate the contract by giving 7 (seven) days’ notice to the Contractor if any of the following conditions occur:

a) That the Contractor fails to significantly complete the Contract Works in accordance with the Contract;

b) if the Contractor fails to comply with the requirements of the notification made by the Project Manager within a reasonable period of time in order for the Contractor to fulfill his / her obligations in a manner that negatively affects the proper and timely execution of the work;

c) That the Contractor fails to comply with the administrative orders issued by the Project Manager through rejection or omission;

d) That the contractor has delegated the contract or subcontracted the works under the contract;

e) The bankruptcy or liquidation of the contractor, that its businesses are taken under administration by court orders, concordats or similar agreements with the creditors, suspension of its business activities or being subjected to litigation or prosecutions related to these issues or occurrence of any such situation due to national legislation or similar procedures;

f) That the Contractor has been convicted and found guilty by a decision of the court which has a finalized verdict regarding the professional act and behavior of the contractor;

g) That the Contractor has been found guilty of a serious professional fault or misconduct which has been justified by the Contracting Authority;

h) That the contractor has been convicted and convicted of fraud, corruption, involvement in a criminal organization or any other illegal activity with a finalized judgment of court;

i) has been declared to have seriously violated the contract, pursuant to another procurement contract procedure or support program procedure financed under the financial support of the Development Agency;

j) A change of institutional structure has occurred which has led to a change in the legal entity, nature, status or control of the Contractor, although it is not recorded by an addendum attached to the Contract;

k) any other legal obstacle preventing the execution of the Contract;

l) The Contractor cannot provide the necessary guarantees or insurance, or the person providing the guarantee or insurance does not comply with the contractual provisions contained therein.

(4) Following the occurrence of any of the foregoing conditions, the Contracting Authority shall complete the work or conclude another contract with a third party for completion of the works at the expense and on behalf of the Contractor. In the event that the Contracting Authority terminates the Agreement, the Contractor's liability shall be terminated immediately, without prejudice to the obligations previously incurred under the contract, due to the delay in completing the work.

(5) When the Contractor receives notice of termination of contract or termination of the contract, the Contractor shall immediately take the necessary steps to ensure that the work is completed in a fast and proper manner and the related costs are kept to a minimum.

(6) The Project Manager shall approve all amountsand the service fees owed to the Contractor as of the date of termination as soon as possible after the termination of the contract.

(7) The Contracting Authority shall not be obliged to make any further or additional payments to the Contractor until completion of the Contract Works and shall be entitled to collect any and all additional expenses and costs incurred for completion of the works and if any further balance to be paid to the Contractor remains due after all these expenses, shall pay the same to the Contractor upon due completion of the Works.

(8) If the contract is terminated by the Contracting Authority, the Contracting Authority shall have the right to recover the costs and losses incurred by the Contracting Authority from the Contractor limitedto the maximum amounts specified in the contract. If there are no maximum amounts specified in the Contract, the Contracting Authority shall be entitled to recollect any part of the Contract Price belonging to such part of the works not completed due to default of the Contractor, without prejudice to other legal remedies under hereby Contract.

(9) The Contractor shall not be entitled to claim any losses or damages in addition to the amounts owed to the Contractor due to works completed until the termination.


Article 37) Termination by the Contractor

(1) The Contractor may terminate the contract by giving 15 days’ notice to the Contracting Authority if the Contracting Authority causes the following situations:

a) the Contracting Authority does not pay the amounts due to the Contractor without justified reason;

b) the failure of the Contracting Authority to fulfill its obligations in spite of warnings; or

c) if the Contracting Authority suspends execution of the whole or a part of the works for a period longer than 90 days due to reasons not specified in the Contract or not attributable to Contractor’s default.

(2) Termination of the Contract by the Contractor shall not prejudice any other rights of the Contracting Authority or the Contractor under the contract.

(3) If the Contract is terminated by the Contractor, the Contracting Authority shall pay the price of the damages and losses incurred by the Contractor due to such termination. The total amount of this additional payment shall not exceed the amount stated in the contract price in the Special Conditions.

Article 38) Death

(1) If the Contractor is a single natural person, the contract shall be automatically terminated upon death of this person. However, if the heir or beneficiaries of this person have declared their wish to continue the contract within 15 days of the death of the Contractor, the Contracting Authority shall examine their proposal. The decision of the Contracting Authority shall be notified to the relevant heirs or rights holders within 15 days of receipt of this proposal.

(2) If the Contractor consists of a group of real persons and one or more of them has passed away, a report shall be drawn up by mutual agreement between the parties on the continuation of the work subject to the Contract and within 15 days of the death, the Contracting Authority shall decide whether to continue the contract in pursuance with the commitments of the remaining members of the group or the heirs of the deceased(s) or the right holders or to terminate the contract. The decision of the Contracting Authority shall be notified to the right members of the group or the relevant heirs or rights holders within 30 days of receiving the offer.

(3) These persons shall be jointly and individually responsible as Contractorsfor the due performance of the contract. The continuation of the contract shall be subjected to the provision of collaterals and performance securities as stipulated in the Contract.

Article 39) Time Extension

(1) The circumstances where a time extension may be granted are listed below:

A. Force Majeure:

a) Natural Disasters.

b) Legal strikes.

c) General epidemics.

d) Partial or general mobilization.

e) Other similar circumstances to be determined by the Development Agency and relevant institutions/agencies where necessary.

In order to be deemed as a force majeure event justifying grant of a time extension, the circumstances in question shall:

i. Not be caused by any reason attributable to the contractor, ii. Not hinder due performance of the undertaking,

iii. The contractor cannot reasonably eliminate or avoid this circumstance, iv. That the Contractor shall submit a written notification to the Contracting Authority and the

relevant Agency within 20 (twenty) days following occurrence of said force majeure event. v. Documented by the authorities.


B. Reasons attributable to the Contracting Authority

In addition, in cases of the Contracting Authority's failure to fulfill its obligations with respect to the performance of the contract within the prescribed periods (such as delivery of land, delaying the approval of the projects) without any default by the Contractor, and this causes delays in performance and completion of the works in due time for reasons not attributable to the contractor, hence preventing due fulfilment by Contractor of his obligations, the Contracting Authority and the relevant Agency may examine the situation and may grant time extension for a part or whole of the works provided that the Contractor cannot reasonably eliminate or avoid this situation.

(2) If the fulfillment of the obligations under the contract is prohibited due to a force majeure situation occurring after the date on which the contract is signed by both parties, none of the parties shall be deemed to have violated their obligations under the contract.

(3) The party affected by the force majeure events shall take all reasonable measures to eliminate this situation in a manner that allowsfulfillment of its obligations under the contract with a minimum delay.

(4) Without prejudice to the special provisions of the contract, the Contractor shall not be liable for liquidated damages or termination due to defect-default in case and to the extent that the Contractor’s failure or delay in fulfilling its contractual obligations as a result of a valid force majeure event. Similarly, without prejudice to the special provisions of the contract, the Contracting Authority shall not be liable for liquidated damages or for payment of delay penalties for late payments in case and to the extent that the Contracting Authority’s failure or delay in fulfilling its contractual obligations as a result of a valid force majeure event.

(5) If any party considers that the fulfillment of its obligations due to the occurrence of a force majeure situation may be affected, it shall immediately inform the other party of this situation and notify the nature of the force majeure, its probable duration and the effects it will incur. Unless the Project Manager instructs otherwise in writing, the Contractor shall reasonably continue to fulfill its obligations under the contract to the extent practical and, in the meantime, seek all reasonable alternative ways to fulfill its obligations under the contract. The Contractor shall not implement such alternative ways and methods unless instructed to do so by the Project Manager.

(6) Should the force majeure event occur and continue for a period of 180 days, the Parties shall become entitled to serve a 30 days’ notice of termination to the other Party, reserving the time extensions for performance to be granted to the Contractor for force majeure reasons. If the force majeure event continues at the end of this 30 days’ period, contract shall be terminated and thereafter the parties shall be released from their obligations to continue in performing their contractual obligations.

DISPUTE RESOLUTION

Article 40) Resolution of disputes

(1) The Contracting Authority and the Contractor shall use their best efforts to resolve any disputes that may arise between them throughnegotiations in good faith.

(2) In the event of any dispute, the contracting parties shall notify each other in writing of their opinions and positions regarding the dispute and their possible solutions. If any of the parties to the contract is of the opinion that it will be useful, the parties shall hold a meeting and try to settle the dispute. Each party shall respond to the request for a friendly settlement within 10 days of receiving such a request. The time to reach a friendly solution will be 60 days from the date of request.

(3) If the attempt to reach a amicable settlement is unsuccessful or if either party does not respond to the request in a timely manner, each party may decide to resolve the dispute by the reconciliation of the Development Agency. If the dispute cannot be settled within 60 days of the commencement of the settlement process, each of the contracting parties shall have the right to proceed to the next stage of the dispute resolution procedure.

(4) Should the dispute at hand cannot be solved through amicable negotiations or reconciliation within 120 days following commencement of either procedure, each of the Parties shall become entitled to have such dispute subjected to decision or arbitration or decree by a national authority with jurisdiction over accidents as specified in the relevant Article of Special Provisions.

SITUATIONS FOR WHICH NO PROVISION STIPULATED


Article 41) Situations not covered by provisions of the contract

(1) In cases where there are no provisions governing any situation that may arise in the General Terms and Conditions and other binding documents of the contract or during the execution or performance thereof, the relevant provisions of the Typical Contracts for goods and service procurements or construction works as per the Public Procurement Legislation as well as their legal references shall become applicable by comparison.


ContractAnnex-2: Technical Specifications (Job Description)[The objective of hereby Technical Specifications (Job Description) is to clearly specify the activities to be

carried out and works to be executed within the scope of the project, to give information to the tenderers regarding the nature and the scope of the bid to be submitted, to give guidance to the tenderers and to serve as a reference for the contractor during implementation phase of the project. The Technical Specifications constitutes a part of the tender file and shall become an inseparable part of the contract to be signed as a result of this tender.

Correct, proper and full preparation of Technical Specifications is of critical importance for ultimate success of the project. A properly drafted Technical Specifications ensure correct designing of the project, due and timely performance of project works and avoidance of wasting resources.]


TECHNICAL SPECIFICATIONS STANDARD FORM (Contr. App.:2b)

(For product purchase tender)

Contract Title : Procurement of a Single Layer Carbon Fiber Weaving Line for Işıksoy Project, a pioneer in Composite Sector, with the Financial Aid Provided in the Scope of 2018 Financial Support Program for Enhancing Sectoral Competitiveness.

Publishing Reference: TR41/18/SRA/0008

1. General Description

Involve technical specifications for weaving single layer carbon fibers with the operations, assembly, start-up and other aspects.

2. Articles to be procured, Technical Specifications and Amount

A B C

Item No Technical Specifications Amount

1Single-layer Weaving Machine:

Minimum fabric width should be 60 cm except for the borders

With two colour weft selector Electronic programmable Staubli dobby 3020 or similar Software in English and Turkish suitible rapier for carbon fiber weaving There should be minimum 12 pieces of heald frames There should be a inverter motor for speed change Electrical speed control to cut N.1 edges together with

double electrical cutter including knives Should have 3K, 6K and 12K fiber weaving feature There should be emergency buttons with lights 2000 pieces of heddles for frames with little hole, for 3K 2000 pieces of heddles for frames with little hole, for 12K 1 reed Spare parts credit note, value %5

1 Item


A B C


2Dummy Beam

Weft control mechanism integrated on minimum 1500 mm. weft insertion system

There should be chrome plated carrier bars and chrome plated compensator bar.

There should be a balance bar and proportional adjustment sensors to work with double constant voltage.

There should be carbon fabric carrier bar. There should be a reduction system.

1 Item

3 O Cutting Device

There should be weft control mechanism in the end of the weaving machine in order to reduce waste amount

This operation should be done with an electric reduction motor and speed adjustable tungsten coated scissors.

1 Item

4 Carbon Strip Cutting Device

There should be minimum 3 reduction motors.

Scissors speed should have a controlled electric control system.

There should be minimum 10 liters of waste container

1 Item


A B C


5External Winding Shaft

There should be a step platform. Should have an electronic automation system that

will keep cloth tension constant and adjust. Should have a pneumatic pressure system that can be

operated both manually and automatic. Should have an extendable aluminum cylinder that

can hold minimum 6 inch cartoon tube.

1 Item

6 Triple Creel System

Triple creel system total position number should minimum be 600

Should be convenient for carbon fiber usage.

1 Item

7 Tungsten Coated Additional Scissors

It’s speed should be adjustable

6 Items

8 "Leno" Knit Strap Weaving Accessory

There should be 2 yarn tension systems each with 20 positions and to be placed on the floor near the waving loom.

There should be plates and ceramic bearings for “Leno” yarns to be adjusted in the right position

There should be 2 items with the ability to stop weft (each with 20 positions, total 40 positions)

1 Item

9 Pneumatic Adaptor

Should be appropriate for 6” carbon tube

1 Item


A B C


10Vacuum Device

Motor car intake system should have complete aspirator system. 3 CV 380 Volt 50 Hz.

There should be suction tubes together with slippage preventive devices compatible with other appliances

1 Item

11 Infra-red Lamp

It should have thermal sensor pneumatic piston system

There should be mechanic and pneumatic parts supporting the lamp

- PLC programmable electronic circuit unit for heat control and adjustment

1Item

12 Weaving Loom Training

4 days training The personnel should have the knowledge level to operate

easily in the line at the end of the training

1 Item

3. Guarantee Conditionso Minimum 1 ( one) year guarantee will be given for all the equipment used

4. Assembly and Maintenance-Repair Services

Required forklift for the transportation within the factory area will be provided by the Contracting Authority however providing crane for all assembly, disassembly and manufacturing processes will belong to the Contactor Company.

Required air, water, electricity etc. during the operation in the facilities will be provided free of charge by Işıksoy

Required pressure air for the process will be provided by Işıksoy.

Required materials to test the system will be provided by Işıksoy.


Meeting the conditions for integrating the system into the existing equipment is under the responsibility of Işıksoy ( stopping the equipment etc..)

Main feeding energy for system to operate will be provided by Işıksoy

5. Operating Manual

Project manufacturing drawings, documents of the technical information of the equipment used and operating manuals if available will be submitted to Işıksoy by the Contractor Company at the project approval.

6. Other Issues

o All the responsibility related to the transportation and insurance while shipping the supplies to Işıksoy, will belong to the contractor company.

o Employees of the contractor company can make use of the cafeteria of Işıksoy without any charge.o Any kind of service and accommodation charge of the employees of the contractor company will belong to the

contractor companyo The contractor company will provide the insurance declarations, welder certificates, work safety training

certificates etc. of its employees to Işıksoy before the work commences.

OCCUPATIONAL HEALTH AND SAFETY

o The Contractor Company accepts in advance that the legal and criminal liability as a result of accidents that may occur during the execution of the work and any accident other than work accidents shall exclusively belong to it and the Contracting Authority shall have no responsibility in this regard.

o The Contractor Company declares and guarantees irrevocably that it will provide its personnel with full and complete equipment against occupational accidents and diseases, supply any type of tools, equipment and devices necessary for health and safety of the personnel and train the personnel how and in what way to use the so called supplied tools, equipment and devices and control the usage of the so called tools, equipment and devices by personnel constantly and guarantee the usage of these tools, equipment and devices fully and completely according to Labor Law no 4857, Occupational Health and Safety Law no 6331 and/or regulations and notices herein issued in regard to these laws, Turkish Code of Obligations no 6098 and other legislation in force provisions.

o In the case of non usage of the tools, equipment and devices provided to the personnel for their health and security according to the Labor Law, Occupational Health and Safety Law and other legislation in force provisions, The Contractor company will be solely and exclusively responsible in terms of criminal law, material law and all other legislation provisions for the direct and indirect loss of the Contracting Authority due to this reason and will immediately pay all the loss together with all its secondary in cash at once to the Contracting Authority upon Contracting Authority’s first written request. The Contractor Company renounces unconditionally without any charge from all the legal acts, demand and recourse rights on these issues in advance.


o The Contractor Company accepts in advance that the legal and criminal liability as a result of accidents that may occur during the execution of the work and any accidents other than work accidents shall exclusively belong to it and the Contracting Authority shall no responsibility in this regard.

o According to Labor Law, Occupational Health and Safety Law and other legislation in force provisions, The

Contractor Company accepts, declares and undertakes that an Occupational Health Specialist will be appointed at the Contracting Authority’s factory of which address is written above and at all other workplaces and the documents related to the Health Specialist will be submitted duly in regard of the law provisions.

o The Contractor Company will be solely and exclusively responsible in terms of criminal law, material law and all other legislation provisions for the direct and indirect loss of the Contracting Authority in every respect and others due to the violation herein the provision of article and the Contractor Company, will immediately pay all the loss together with all its secondary in cash at once to the Contracting Authority upon Contracting Authority’s first written request. The Contractor Company renounces unconditionally without any charge from all the legal acts, demand and recourse rights on these issues in advance.

o The Contractor Company will be solely and exclusively responsible in terms of criminal law, material law and all other legislation provisions in all these matters and the Contractor Company will immediately pay all the loss together with all its secondary in cash at once to the Contracting Authority upon Contracting Authority’s first written request.

o The Contractor Company renounces unconditionally without any charge from all the legal acts, demand and recourse rights on these issues in advance.

o The Contractor Company declares and guarantees irrevocably that a medical report from a full-fledged hospital will be obtained and submitted to The Contract Authority, regarding the personnel employed and/or to be employed are able to work in dangerous operations according to the Labor Law, Occupational Health and Safety Law and other legislation in force provisions.

o Hereby, The Contractor company as per the contract, declares and guarantees irrevocably that the personnel employed and/or to be employed related with the performed and observed work will not be young workers under 18 regarding the legislation in force provisions

o The Contractor company agrees, declares and guarantees that the statement of employment of the personnel employed and all the other information and documents requested will be completely and fully submitted to the Contract Authority

o Hereby, the Contractor Company as per the contract terms declares and guarantees irrevocably that it will comply with the Labor Law, Occupational Health and Safety Law and other legislation in force provisions totally, fully and completely regarding all the work and operations performed; as a result of work accidents, direct and indirect financial and emotional damage and all other damages that may occur in the case of not complying to Labor Law Occupational Health and Safety Law and other legislation in force provisions totally, fully and completely, The Contractor company declares and guarantees irrevocably that it is solely and exclusively responsible to both Contractor Authority and other third parties in terms of criminal and material law. The Contractor Company renounces unconditionally without any charge from all the legal acts, demand and recourse rights on these issues in advance.

oThe Contractor Company will be solely and exclusively responsible in terms of criminal law, material law and all other legislation provisions for the direct and indirect loss of the Contracting Authority in every respect and others due to the violation herein the provision of article and the Contractor company will immediately pay all


the loss together with all its secondary in cash at once to the Contracting Authority upon Contracting Authority’s first written request. The Contractor Company renounces unconditionally without any charge from all the legal acts, demand and recourse rights on these issues in advance


Contr. App-3: Technical Proposal


TECNICAL PROPOSAL (For Product Purchase Bid) (Contr. APP: 3b)

PRODUCT PURCHASE TECHNICAL PROPOSAL FORM

Contract Title : Procurement of a Single Layer Carbon Fiber Weaving Line for Işıksoy Project, a pioneer in Composite Sector, with the Financial Aid Provided in the Scope of 2018 Financial Support Program for Enhancing Sectoral CompetitivenessPublishing Reference TR41/18/SRA/0008

Name of the Applicant : … … … … … … … … …

A B D E FItem No

Technical Specifications Proposed Specifications

(Including brand and model)

Related notes , explanation,

documentation

Evaluation Committee Notes

1

2

3

46

5

B Column : “Technical Specifications”

Shows the required specifications, It is the same with the technical features mentioned in “Technical Specifications” in Contr.APP2.

D Column : “Proposed Specifications”

Will be filled in by the applicant and will comprise detailed features of the proposed products. (words like “available” or “yes” will not be sufficient).

E Column : “Related notes, explanation, documentation”

Applicant should give an explanation about the proposed item and refer to the related documents..

F Column : “Evaluation Committee Notes”

Will be left blank for Commission (Committee) members to fill in.

Given information and document, proposed model and other choices if any, should clearly be mentioned. Comparison between the proposed features and the required features should easily be made by the committee members.

Committee members shall fully understand the submitted proposals. Proposals which are not clear enough can be rejected by the Evaluation Committee. Price proposal should be put in a separate envelope and should be submitted closed together with Technical Proposal

Applicants Stamp

Authorized Signature


Contr. App-4: Financial Proposal

(Financial Proposals will be submitted in a separate covered envelope during the proposal submission within the tender )


For Product Purchase Tender

FINANCIAL PROPOSAL FORM Contr. APP:4b

Contract Title : Procurement of a Single Layer Carbon Fiber Weaving Line for Işıksoy Project, a pioneer in Composite Sector, with the Financial Aid Provided in the Scope of 2018 Financial Support Program for Enhancing Sectoral Competitiveness

Publishing Reference : TR41/18/SRA/0008

Applicants Name : … … … … … … … … …

Item No

Amount

Proposed Specifications(Including brand and model)

Unit Price (TL) for<DDP><Receiving

Place> Delivery

Total(VAT

Excluded TL)

Total(VAT

Included TL)

1 1 ITEM Single Layer Carbon Fiber Weaving Line

2

3

4[Education] [lump sum price]

Total Proposal (in numbers and writing)

Applicant’s stamp

Authorized Signature


Contr. App-5: Standard Forms and Other Necessary Documents


FINANCIAL IDENTITY FORM

(Contr. APP: 5a)

FINANCIAL IDENTITY

ACCOUNT OWNER

NAME:

ADDRESS:

TOWN/ CITY: POST CODE

COUNTRY: VAT REGISTY NO

PERSON TO BE CONTACTED

TELEPHONE: FAX:

E-MAIL:

BANK

NAME OF THE BANK

BRANCH ADDRESS

TOWN/ CITY: POST CODE:

COUNTRY:

ACCOUNT NO:

IBAN:

NOTES:

STAMP OF THE BANK+BANK REPRESENTATIVE’S SIGNATURE

( Both are necessary )

DATE+ SIGNATURE OF THE ACCOUNT OWNER

( Necessary)


LEGAL IDENTITY FORM (Cont. App: 5b)

REAL ENTITY

SURNAME

FIRST NAME

2 ND NAME

3 RD NAME

OFFICIAL ADDRESS

POST CODE POST BOX

CITYCOUNTRY

IDENTITY NUMBERTAX NUMBER

TAX OFFICE

TYPE OF THE IDENTITY DOCUMENT

IDENTITY CARD DRIVING LICENCE

PASSPORT

IDENTITY DOCUMENT NO:

DATE OF BIRTHD D M M Y Y Y Y

BIRTH PLACE- CITYBIRTH PLACE-COUNTRY

TELEPHONEFAX

E-MAIL


THIS LEGAL IDENTITY FORM SHOULD BE FILLED IN AND SUBMITTED TOGETHER WITH A LEGIBLE COPY OF THE IDENTITY DOCUMENT

DATE AND SIGNATURE


LEGAL ENTITY FORM (Contr. APP: 5b)STATE ORGANIZATIONS /INSTITUTIONS

TYPE

NGO (Non Governmental Organization)

YES NO

NAME(S)

ABBREVIATION

OFFICIAL ADDRESS

POST CODE POST BOX

CITY

COUNTRY

TAX NUMBER

REGISTRY PLACE

REGISTRY DATED D M M Y Y Y Y

REGISTRY NUMBER

TELEPHONE

FAX

E-MAIL

This “Legal Entity Document” should be filled in and submitted with the ones mentioned below. Copy of the resolution, legal decision or law related with the establishment of the legal entity If not available any other official document indicating the establishment of the legal entity

DATE STAMP

NAME AND TITLE OF THE AUTHORIZED REPRESENTATIVE

SIGNATURE


LEGAL ENTITY FORM (Contr. App: 5b)

PRIVATE CORPORATION / ORGANIZATIONTYPE

NGO (Non governmental Organization)

YES NO

(NAME)S

ABBREVIATION

OFFICIAL ADDRESS OF THE HEADQUARTERS

POSTAL CODE POST BOX

CITY

COUNTRY

TAX NUMBER

REGISTRY PLACE

REGISTRY DATED D M M Y Y Y Y

REGISTRY NUMBER

TELEPHONE

FAX

E-MAIL

THIS “LEGAL ENTITY FORM” SHOULD BE FILLED IN AND SUBMITTED TOGETHER WITH THE DOCUMENTS MENTIONED BELOW ) CONTRACTOR’S NAME, ADDRESS AND A COPY OF THE OFFICIAL DOCUMENT INDICATING THE REGISTRY NUMBER PROVIDED BY THE NATIONAL AUTHORITIES (FOR EXAMPLE; OFFICIAL GAZETTE, REGISTRY OF THE COMPANIES ETC.) A COPY OF TAX REGISTRY IF POSSIBLE AND IF NOT MENTIONED IN THE DOCUMENTS ABOVE

DATE AND SIGNATURE


PROFESSIONAL EXPERIENCE OF THE KEY PERSONNEL Contr. App-5c

CIRRICULUM VITAE

(Maximum 3 pages + 3 pages app.)

Position offered in the contract:

1. Surname:

2. Name:

3. Birth place and date:

4. Nationality:

5. Marital Status:

Address (telephone/fax/e-mail):

6. EducationEducational Institutions:Date: From (month/year) …….tomonth/year)Degree:

7. Foreign Languages

(According to 1 to 5 scale, 5 is the best):Language Reading Speaking Writing

8. Membership to occupational institutions9. Other abilities (for example computer literacy, etc.):10. Present Position:11. Total Professional Experience:12. Key functions:13. Regional Experience:

Country/Region/City Date: from (month/year) to ………… (month/year)

Name of the project and short description

14. Professional Experience:

Date: from (month/year) to ………… (month/year)PlaceCompany / InstitutionPositionJob definition

15. Others:15a. Publications and seminars:15b. References:Signature....................................................


(Authorized signatory or signatories in the name of the tenderer)

Date ...........................................

INFORMATION ABOUT JOINT VENTURES (Contr. App-5e)

(The tenderer will fill in this form if the tender will be submitted as a joint venture or consortium)

1 Name......................................................................................

2 Address of Administrative Board ..................................................

..................................................................................................

Telex ..........................................................

Telephone .........................Fax ..................................E-mail .....

3 Representative of the Contracting Authority in the resident country, if present ( for the joint ventures/consortiums which has a foreign leader partner)

Office Address...........................................................................

..................................................................................................

Telex ..........................................................

Telephone ..............................Fax .........................................

4 Names of the Partners

i) ..............................................................................................

ii) ..............................................................................................

iii) ..............................................................................................

vb. ............................................................................................

5 Name of the Leader Partner

..................................................................................................

..................................................................................................

6 Agreement on joint venture /consortium

i) Signature date: ................................................................

ii) Place: ...................................................................................

iii) Appendix – joint venture / consortium agreement

7 Proposed division of labor between the partners by mentioning the type of the operation to be carried out by each party ( as %)

..................................................................................................

..................................................................................................

..................................................................................................

..................................................................................................

..................................................................................................

Signature...................................................(Authorized signatory / signatories on behalf of the applicant)


Date............................................


Part C: Other Information


Administrative Eligibility Evaluation TableSingle Layer Carbon Fiber Weaving Line PurchaseProposal No. _____________________Name: ______________________________________________Administrative Eligibility Table

Control Subject

1 Main envelope is closed, the seal is signed and stamped

2 Applicant’s name or trade name +correspondence address +proposal related with the work+ mailing address of Contracting Authority who makes the tender are present on the main envelope.

3 There are two separate closed, sealed/stamped envelopes in the main envelope ( package) written, “A Envelope ( Technical Proposal) “on one and “B Envelope –(Financial Proposal)” on the other.

4 All documents except for the financial proposal are placed in envelope A and there is only Price Proposal in envelope B ( Copies of the envelopes are available if required)

5 There is a letter of guaranty (valid for tender date + minimum 90 days). Letter of guaranty is in technical proposal envelope. There is a receipt indicating that the deposit was paid in cash

6 There is Legal Identity Form. (APP: 5b). ( This document substitutes address declaration)

7 There is Financial Identity Form (APP: 5a) (Bank should be stamped and be with authorized signature )

8 There is Commerce or Industry or Trade Association document (Issued within the year)

9 Notarized statement of signature for the Real person. Notarized circular of signature for Legal person and commercial registry gazette indicating the present officials under the management of the legal person.

10 Proposal submission form + declaration format which is its appendix / declaration of the tenderer ( SR App3- relevant information of these forms are filled by the applicants )

11There is the inscription of “The original was seen by the Contractor Authority” in the copies of the documents in the original file, and the inscription of “Same as Original” on the documents approved by the notary. Copied file was prepared by photo copying the documents in the original file.

12 In the case of participation by proxy, notarized letter of attorney and statement of signature are submitted.

13 If there joint venture, joint venture declaration was submitted. (App-5e)

14 There is a document (receipt) declaring the purchase of the tender file (if the payment is taken).

15 There is tender document submission form .

16 There is a declaration of other legal entities (if there is) any other partnerships or shareholding

17

There are documents related with the financial capability, mentioned by the Contracting Authority in the specifications. ( Guidelines for applicants entry 7/k)

Tax office or Independent Accountant – Financial Consultant, balance sheet and statement of income in 2017 which is approved by(SM-MM). There should be minimum 1.500.000 TL or above net sales amount in last 3 years.

Letter of reference printed on letterhead with wet signature and stamp.

18 There are documents related with the technical capability, mentioned by the Contracting Authority in the specifications. ( Guidelines for applicants entry 7/l)

Certificate of completion or invoice at 70% of the proposal amount for the same or similar work (70%


rate should be provided by one invoice or with different allowances of the same work) .

19Guidelines were submitted to the applicants with signature. Each page of the tender file for the applicants should be paraphed ( first pages of the related parts are paraphed and last pages are signed including applicant guidelines and general conditions) and ( A envelope –Technical Proposal )

20 There is Financial proposal (APP:4c). It is in TL and Vat excluded (Name, surname, title + authorized person signature)

21 Bid bond is 3% of the financial proposal. Contract bond will not be submitted instead of bid bond.

President –Name /Surname Member- Name /Surname Member-Name/Surname

Signature Signature Signature

Date Date Date

(Note: Contract Authority may include additional question columns in order to review the administrative eligibility of the proposal within the scope of the specifications.


For Product Purchase and Construction Works Tender

TECHNICAL EVALUATION TABLEIt will be brought in compliance with the related project. It should be filled in by the Evaluation Committee , Contractor Authority may specify different/ additional criterion according to the necessities of work.

Contract Title : Procurement of a Single Layer Carbon Fiber Weaving Line for Işıksoy Project, a pioneer in Composite Sector, with the Financial Aid Provided in the Scope of 2018 Financial Support Program for Enhancing Sectoral Competitiveness Publishing Reference :TR41/18/SRA/0008

Prop

osal

Env

elop

e N

o

Name of the Applicant

Is th

e Pr

opos

al a

pplic

able

to

the

Tech

nica

l Sp

ecifi

catio

ns ?

(Y/N

)

Has

the

appl

ican

t suf

ficie

nt

finan

cial

and

eco

nom

ic

capa

city

?(Y

/N)

Is A

pplic

ant’s

wor

k ex

perie

nce

suff

icie

nt?

(Y/N

)

Is a

ctiv

ity s

ched

ule

conv

enie

nt fo

r th

e le

ad

time?

(Y/N

)

Do

subs

yste

ms

mee

t re

quire

men

ts.

(Y/N

) N/A

Oth

er te

chni

cal n

eces

sitie

s in

th

e pr

opos

al fi

le?

Y/N

) N/A

Dec

isio

n(A

ccep

t /R

ejec

t)

Expl

anat

ions

(If a

ny)

1

2

3

President –Name /Surname Member- Name /Surname Member-Name/Surname

Signature Signature Signature

Date Date Date


Part D: Proposal Submission Form


Part D. Part D: Proposal Submission Form

<Applicant’s Letterhead>

Reference: < for each call for tender letter>

Name of the contract: < Title of the contract >Lot title: < Lot title, if tender is divided into lots>

One signed original copy of the proposal submission form (financial identity form, legal entity form and including other declarations to be submitted) should be prepared for submission.

1 APPLICANT’S IDENTITY

Name(s) and Address(es) of the Legal Entity(ies)

2 PERSON TO BE CONTACTED (for this proposal)Name Surname

Name of the Company

Address

Telephone

Fax

e-mail

3 DECLARATION(S)

Legal entity identified in the 1st article as the party of the proposal will submit the signed declaration used in the attached format.

4 CONTRACT

I, as the above mentioned applicant’s authorized signatory declare that we have read and accepted the tender files prepared for the bidding process without asserting any condition or restrictions. We propose to provide the services, procure goods and undertake construction works that are mentioned in the tender file in regard to the below documents comprising our Technical Proposal and Financial Proposal submitted in a separate sealed envelope.

Financial and Economic Status Documents

Area of Expertise and Experience Documents

This form will be filled in by the company submitting proposal by entering their own information. General provisions can not be changed except for the information about the company and proposal. General text of this appendix form declaration can not be changed.


Plans – Drawings (only for construction works)

Organization and Methodology (only for service areas)

Key Experts ( List of key experts and their resumes) (for service purchases and for other purchases if required)

Applicant’s declaration ( if the proposal is given by a consortium , one from each consortium member)

Exclusivity and availability declaration signed by every key expert.( only for service areas)

Filled financial identity form including the bank details of which the payments will be deposited in the condition that the tender is won.

Filled legal entity form

This proposal is valid for the period mentioned on article number 25 in the instructions for the applicants.

In the name of the applicant

Name Surname

Signature

Date


Declaration Format

(Declaration format mentioned on the article number 3 of the proposal submission form )

<Will be written on a letterhead of the legal entity and be submitted>

<Date>

<Name and address of Contracting Authority(Beneficiary)>

Your Reference:< Invitation date>To Whom it may concern,

BIDDER’S DECLARATION

Referring to the tender invitation letter mentioned above , <As legal entity’s name(s) >

Hereby, we submit the proposal under our leadership/ on an individual basis for this tender and not participating in the proposals given to the same tender in any other way or form;

We are not involved in any of the conditions mentioned to applicants in the instructions which prevent us from participating tenders;

We shall not engage in any of the acts or conducts explained to applicants in the instructions and follow ethical codes, and particularly will not be in existing or potential conflict of interest with other participants or people within the scope of the tender during the proposal submission period;

We only provide the information in respect of the source and experience of our legal entity in the application form; That we will immediately inform the Contracting Authority if any change occurs on the above mentioned situations

during the proposal period or in any stage of the contract implementation and, We acknowledge to accept that any misinformation or incomplete information given intentionally during the

proposal period will result as exclusion from this tender or other tenders financed by the Development Agency

In the case of the approval of our proposal, we declare to prove the bidders if necessary, that we do not belong to any of the exclusion conditions mentioned in the instructions with official documents. The date on the forms and the documents considered as proof shall not be 180 days older than the last submission date of the proposalIf required, we declare to provide proof about the continuity of our financial and economic situation and technical and occupational capacity related with the selection criteria necessary for the proposal mentioned in this tender file. We are well informed that the contract decision will be regarded as invalid in the condition that we are unable to provide this proof or give incomplete and misinformation in 15 calendar days after the tender decision is notified.

Best Regards

Signature of the Authorized Representative of the Legal EntityName and title of the Authorized Representative of the Legal Entity