TÜLOMSAŞ Electricity Energy Procurement Tender

📩 24/11/2018 20:07

FILE NUMBER 85.02 / 112097
TENDER DATE AND TIME 04.06.2012 14: 00
ANNEX HISTORY 14.05.2012
SPECIFICATION COST / BANK ACCOUNT NO: 100, - TL / VAKIFBANK ESK. SMAs. - TR80 0001 5001 5800 0207 5535 73
PHONE AND FAX NO 0-222-224 00 00 (4435-4436)
Purchasing: 225 50 60, Headquarters: 0-222-225 72 72
ELECTRONIC MAIL ADDRESS preparing@tulomsas.com.tr
Tender Registration Number: 2012 / 57438
1- Administration:
a) Address: Ahmet Kanatli Cad. 26490 / ESKİŞEHİR
b) Telephone and Fax Number: 0 (222) 224 00 00 (4435-4436) / 225 50 60 - 225 72 72
c) E-mail Address: tulomsas@tulomsas.com.tr
2- Quality, type and quantity of the work subject to the tender: 8.000.000 ± 500.000 kWh / year will be purchased.
3- Tender
a) Location: TÜLOMSAŞ Tender Commission Meeting Room
b) Date and time: 04 / 06 / 2012 - Time 14: 00
4- The above-mentioned procurement with the Open Tender Procedure
the tender documents requested to participate in the tender
It indicated.
5- 04 / 06 / 2012 to TÜLOMSAŞ General Directorate Purchasing Department
must be given or received by 14: 00.
6 - Tender Documents TÜLOMSAŞ General Directorate of Purchasing Department
visible. The tenderers are obliged to purchase the tender documents
from 100, - (VAT included).
7- Temporary guarantee shall be provided at the rate of at least% 3 of the price offered.
8- This tender is subject to the laws numbered 4734 and 4735, except for the prohibition clauses and the prohibition of tenders
It is not.
The contractor
Article 1 - Information on the business owner
1.1. Business owner administration:
a) Name: The contractor (Turkey Locomotive and Engine Industry Inc.)
b) Address: Ahmet Kanatli Cad. 26490 ESKİŞEHİR
c) Phone number: 0 222 224 00 00 / 4435-4436
d) Fax number: 0 222-225 50 60 (Purchase) - 225 72 72 (Head Office)
e) e-mail address: tulomsas@tulomsas.com.tr
f) Name, surname / title of the relevant personnel: Yaşar UZUNÇAM - Chief
1.2. Tenderers, contact information from the above addresses and numbers
by providing them.
Article 2- Information on the subject of the tender
Goods subject to the tender;
a) Name: Purchase of Electrical Energy
b) JCC registration number: 2012 / 57438
c) Quantity and type: 8.000.000 ± 500.000 kWh / year
d) Place of delivery: TÜLOMSAŞ Department of Materials Management
e) Other information: 120.132-A no.
Article 3- Information on the procurement
Information on the tender;
a) Tender: Open Tender Procedure
b) TALOMSAŞ Ahmet Kanatlı Cad. 26490 ESKİŞEHİR
c) Tender date: 04 / 06 / 2012
d) Tender time: 14.00
e) Tender commission meeting place: TÜLOMSAŞ Tender Commission Meeting Hall
Article 4- Procurement and procurement of the tender document
4.1. The tender document can be considered free of charge at the address below. However, the tender will bid
Those who are obliged to buy the tender document approved by the administration.
a) Tender document can be seen: TÜLOMSAŞ Purchasing Supply Department
b) Place of purchase of Tender document: TÜLOMSAŞ Purchasing Supply Department
c) Tender document sales price (VAT included): 100, - TL
4.2. The tender document is accompanied by a series of compasses showing the documents in its content. Bidder, tender
check the authenticity of the documents that make up the document and whether the documents are complete
would. After this examination, the Contracting Entity shall be able to
it receives the signed statement written on the compass.
4.3. The tenderer shall purchase the tender document and the conditions stated in the documents constituting the tender document and
accept the rules.
Article 5- Place where offers are submitted
5.1. Offerings: TÜLOMSAŞ Purchasing Supply Department
5.2. Bids can be placed in the above mentioned date until the date and time of the tender,
mail. Bids that do not reach the contract until the tender time
It will be charged.
5.3. Bids submitted to or received by the Administration, except for the issuance of an addendum, shall be returned for any reason.
It can not be retrieved.
5.4. In case the date determined for the tender coincides with the holiday, the tender shall be
the same time at the time indicated above and the bids given until this time are accepted.
5.5. In case the working hours change later, the tender shall be held at the time specified above.
5.6. time setting of Turkey Radio and Television Corporation (TRT) are based on national time setting.
Article 6- Scope of the tender document
6.1. The tender document consists of the following documents:
a) Administrative Specification and list of requirements
b) Technical Specifications (120.132-A)
c) Draft Contract
d) Standard forms (Unit Price Bid Letter and Ruler, Temporary Guarantee Letter)
6.2. In addition, in accordance with the relevant provisions of this Specification, the addendum and
The written statements made by the administration upon written request shall be binding upon the tender documents.
it forms part of it.
6.3. The tenderer carefully examines the contents of all the above mentioned documents
must. Liability for failure to fulfill the conditions for the submission of the proposal
shall belong to the tenderer. Bids not in accordance with the procedure stipulated and described in the tender document
is not considered.
Article 7- Required documents and qualification criteria to participate in the tender
7.1. In order for the bidders to participate in the tender, the following documents shall be submitted in the following order:
should offer:
a) Certificate of Chamber of Commerce and / or Industry or Chamber of Profession registered in accordance with the legislation;
1) In case of real person, the tender is taken within the year of the announcement, Trade
and / or document that it is registered with the Chamber of Industry or the Chamber of Profession,
2) In case of legal entity, it is registered in the register of the legal entity as per the legislation
and / or within the year of the announcement for the tender,
certificate of registration,
b) Signature declaration or signature circular showing that it is authorized to bid;
1) Notarized signature declaration in case of real person,
2) In the case of a legal person, by the interest of the partners, members or founders of the legal entity,
indicates the latest situation indicating the officials in the management of the legal entity Trade Registry Gazette or this
notarized signature circular of legal entity with the documents proving the issues,
c) Letter of bid specified in the Annex of the Specification,
d) Temporary guarantee, whose form and contents are specified in the annex of the specification,
e) Qualification documents specified in this specification,
f) In case of participation in the tender by proxy, the notary public's participation in the tender
notarized signature declaration with its certified power of attorney,
g) Subcontractor sub-contractor will
the list of works and subcontractors the contractors are considering
h) To submit a work experience certificate, if requested by the tenderer, to demonstrate the work experience
The document, in the case of a legal entity partner with more than half of the shares, and Turkey Rooms
Stock Exchange Union or certified public accountant or public accountant or public accountant
last year after the first announcement by the
a partnership status certificate showing that this condition is protected without interruption.
i) Other documents which may be requested by the Contracting Entity:
EMRA (Energy Market Regulatory Authority)
The license certificate received from the Authority will be attached to the proposals.
7.2. Documents to be searched for professional and technical qualifications and these documents should be
7.2.1. The bidders are able to use 120.132, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9
the documents and information stated in the appendix.
7.2.2. TULOMSAS is authorized to decide whether the tenderer is technically competent or not.
If deemed necessary, the Administration may visit the facilities of the tenderer (subcontractor, if any) and
examine his work. 70 points according to Supplier Qualification Form as a result of this review
the unqualified tenderer is excluded from the evaluation.
7.3. How to submit documents:
7.3.1. Bidders have the original or notary approved documents
give examples. Work experience documents related to work or similar works
if requested, the original of the notarized work experience documents, the tenderer is willing to remain on
shall be submitted to the Contracting Entity by the Contracting Entity before it is approved by the Contracting Entity.
7.3.2. Notarized documents must be accompanied by a copy of the, proof of authenticity ”, copy or photocopy
those who are approved and approved bir the same as the one presented en or a commentary
will not be considered valid.
7.3.3. Tenderers, the originals of the documents, during the tender,, the original was seen by the tender commission ekl
change the text with photocopies.
7.3.4. If quality control documents are requested; This item is left blank.
Article 8- Openness of the tender to foreign tenderers
Only local applicants can participate in this tender.
Article 9- Those who cannot participate in the tender
9.1. In the name of themselves or others, directly or indirectly or as a subcontractor,
they cannot participate in the tender in any way;
a) temporarily or permanently in accordance with the provisions of the Laws 4734 and 4735 and other laws.
those who are prohibited from participating in public tenders and under the Anti-Terror Law No. 3713
those convicted of crimes and organized crime.
b) Those who have been deemed fraudulent bankruptcy by the relevant authorities.
c) Persons of the contracting authority of the administration and persons in the committees having such authority.
d) To prepare, execute and conclude any procurement proceedings related to the work of the Contracting Entity;
e) spouses of persons specified in subparagraphs (c) and (d) and up to third degree blood and second degree
fathers and fathers with adoptions and adopters.
f) the partners and companies of the persons mentioned in paragraphs (c), (d) and (e)
joint stock companies where there is no employee or more than% 10 of their capital
9.2. Contractors engaged in consultancy services related to the procurement of the tender
participate. This is prohibited by the companies that have a partnership and management relationship with these companies
more than half of the capital of the companies they have.
9.3. Bidders participating in the tender despite the aforementioned prohibitions shall be excluded from the tender and shall have temporary guarantees
Recorded. Furthermore, this situation cannot be determined during the evaluation of bids.
if the contract is awarded to one of them, the collateral is recorded as revenue and the tender is canceled.
Article 10- Reasons for exclusion
Bidders in the following cases, if these conditions are identified,
It will be allowed;
a) Bankruptcy, liquidation, the work carried out by the court, declaring concordat, work
suspended or in a similar situation according to the provisions of the legislation in your own country.
b) The court declared the bankruptcy due to the debts against the creditors,
c) the final social security premium debt as of the date of the tender.
d) with a final tax liability as of the date of the tender.
e) In the five years prior to the date of the tender, convicted by a court decision for professional activities.
f) In the course of five (5) years prior to the date of the tender,
determined by the administration in which he conducts illegal activities.
g) As of the date of the tender, it has been prohibited from the professional activity by the room where it is registered
h) the information and documents requested by the Administration with this Specification or misleading information and - or
fake document detected.
i) Participating in the tender although not stipulated in Article 9 of the specification.
j) It has been determined that the prohibited acts or behaviors specified in the 11 of the specification.
) The documents of sub-paragraphs (a), (b) and (g) above, from the affiliated Chamber of Commerce and / or Industry
Tir Tender Status Document “.
 the document of subparagraph (e);
- belongs to real person in terms of real people
- Regarding the legal person bidders,
• It belongs to board members in joint stock companies,
• In limited companies, to the company manager or to all of the partners,
• In the case of limited liability companies, committees and
they are the partners of the company,
• Collective companies, all of the partners belong to the Ministry of Justice
It will be provided from the units affiliated to the Directorate.
Article 11- Prohibited acts or acts
11.1. The following acts or acts are prohibited during the tender period:
a) Cheats, promises, threats, influence, interests, agreements, corruption, bribery or otherwise
or to attempt to commit or to attempt to commit to tender procedures.
b) To make the tenderers hesitate, to prevent participation, to submit a proposal to the tenderers or
to encourage, to act in ways that affect competition or tender decision.
c) To arrange, use or attempt to forge fake documents or counterfeits.
d) In the tender; in the name of himself / herself or others
to submit more than one bid directly or indirectly, in person or by proxy.
e) Participating in the tender although it is stated that it cannot participate in the tender in the article 9 of the specification.
11.2. According to the nature of the verb or behavior about those who have been involved in this prohibited act or behavior, 4734
The provisions of the Fourth Section of the Act shall apply.
Article 12- Tender preparation expenses
All costs related to the preparation and submission of tenders shall be borne by the tenderers. Administration, the course of the tender
and in no way be liable for such costs incurred by the tenderer, regardless of its outcome.
Article 13 - Explanation in the tender document
13.1. Tenderers need to be announced in the tender document during the preparation of tenders
with regard to matters they have heard in writing, up to seven (7) days before the deadline for submission of
may request clarification. After this date, the explanation will be evaluated
It will be charged.
13.2. In the event that the request for clarification is deemed appropriate, the Contracting Entity shall
all the bidders who receive the document are sent a letter in writing or hand-written against the signature.
This written description of the Administration shall inform all bidders of at least three (3) days before the deadline
will be held in a manner to ensure that they have ownership.
13.3. The description includes the description of the problem and detailed answers of the administration; but request for clarification
The identity of the bidder is not specified.
13.4. The written explanations made to the tenderers who received the tender documents after the date of the announcement.
tender document.
Article 14 - Amendment of the tender document
14.1. It is essential that the tender document is not changed after the announcement of the announcement. However, the
or changes to the advertisements, specifications and annexes after request
In cases where it is determined by the Contracting Entity or notified in writing by the tenderers,
amendments may be made to the tender document by the Contracting Entity and
is announced.
14.2. Addendum is sent to all the tenderers by letter or by hand in return for signature
at least three (3) days prior to the tender date.
14.3. Due to the change made, additional time is needed to prepare bids
, the date of the tender for a maximum of twenty (20) days,
can postpone with. During the postponement period, the tender document will be sold and bidding is continued.
14.4. In the event that an addendum is issued,
offers will be given the opportunity to re-bid.
Article 15- Freedom of administration to cancel the tender before the tender time
15.1. Prohibition of bidding in the documents deemed necessary by the administration or in the documents contained in the tender document
in cases where it is
The tender can be canceled before the time.
15.2. In this case, the tenderers with the reason for the cancellation by declaring the cancellation
Announced. Tenderers are also notified of the cancellation of the tender until this stage.
15.3. In case of cancellation of the tender, all bids submitted shall be deemed to be rejected.
will be returned to the bidders without opening.
15.4. Bidders cannot claim any rights due to the cancellation of the tender.
Article 16- Subcontractors
All or part of the procurement / business subject to the tender cannot be made to subcontractors.
Article 17- Current currency in offer and payment, bid language
17.1. Tenderers shall submit their bids in Turkish Liras (TL). Payments stated in the contract
Turkish Lira (TL).
17.2. All documents and annexes and other documents constituting the proposal shall be in Turkish. In another language
The documents submitted shall be considered valid if they are submitted together with a certified translation in Turkish. This
In the case of interpretation of the offer or document, the Turkish translation shall be taken as the basis.
Article 18- Partial submission
18.1. A partial offer for the subject work cannot be submitted. Offer will be given for the whole work.
Article 19 - Alternative offers
Alternative offers cannot be submitted for the subject of the tender.
Article 20- Submission of Bids
20.1. This is a condition for participation in the tender, including Tender Letter and bid bond.
All documents required by the specification are placed in an envelope. Name, surname or trade of the tenderer on the envelope
title, open address for notifications, which business belongs to the tender and the open address of the contracting entity
It is written. The bonded place of the envelope shall be signed, sealed or stamped by the tenderer.
20.2. Bids shall be returned for the numbered receipts up to the time specified in the tender document
to the administration (where the offers will be submitted). Bids submitted after this time will not be accepted and
will be returned to the tenderer before opening.
20.3. Bids can also be sent by post with registered mail. Tenders by postal mail
The contractor must reach the administration until the tender hours specified in the document. Due to delay in mail
the time of receipt of the offers that will not be processed shall be determined by a minute and shall be
not taken.
20.4. The bids shall not be subject to any other than the issuance of addendum in accordance with the provisions of this Specification.
can not be reversed and changed.
20.5. In case of extension of the bidding period with an addendum, the first bidding of the administration and the bidders
all rights and obligations with respect to the deadline for the deadline for submission of
and extended until the hour.
Article 21- Form and content of the tender letter
21.1. Tender letters shall be submitted in written and signed form in accordance with the attached form sample.
21.2. Offer Letter;
a) Tender document to be read and accepted in full, to be specified in the technical specifications
responding to all articles in the technical specification separately,
b) the written price of the offer in accordance with the figure and the letter,
c) No scraping, erasure or correction,
d) The name, surname or trade name of the tender letter is signed by authorized persons.
it is imperative.
Article 22- Validity period of tenders
22.1. The validity period of the bids shall be at least 60 (sixty) days from the date of the tender. Stated
shorter offer letters shall not be taken into consideration.
22.2. If required, the period of expiry of the period of validity
may request from the tenderers for the extension of the above-mentioned period. Bidders
the administration can accept or reject this request. The request of the administration to extend the validity period of the bid
the bid bond of the bidder shall be returned.
22.3. Tenderers accepting the request shall be liable to
to the provisions on the validity period and the provisional guarantee in all respects.
has to match.
22.4. Requests and answers shall be made in writing, sent by mail or by signature.
hand delivered.
Article 23- Costs included in the bid price
23.1. Tenderers shall pay the taxes, pictures, payable according to the relevant legislation during the implementation of the contract.
legally included in the price with mortgage, transportation, insurance, transportation, unloading, stacking and similar expenses
will include the expenses to be included in the bid price.
23.2. (23.1.) Increase in the expense items in the article or new expense items
in case of occurrence, the price of the offer shall be considered to cover such increase or difference.
It will be.
23.3. Value Added Tax (VAT) will be paid to the contractor for this purchase.
Article 24-, Provisional guarantee
24.1. Tenderers shall be entitled to own amount not less than% 3 of the bid price.
they will give a temporary guarantee. Giving less than% 3 of bid price
bidders' bids shall be excluded from evaluation.
24.2. Letters of guarantee for banks or private financial institutions, which are offered as a collateral,
at least thirty (30) days more than the validity period.
24.3. Bids not submitted with an acceptable bid bond, requested by the administration
the conditions of participation will be excluded from the evaluation on the grounds that they cannot be fulfilled.
Article 25- Values ​​to be accepted as guarantee
25.1. The values ​​to be accepted as collateral are listed below;
a) Cash in the proposal,
b) Letters of guarantee given by banks and private financial institutions in the offer,
c) Government Domestic Debt Securities issued by the Undersecretariat of Treasury and issued instead of these bonds
25.2. (a) interest in nominal values ​​from documents issued in sub-paragraph (c) and documents
issued as a guarantee over the sales value corresponding to the principal
It is.
25.3. According to relevant regulations, foreign banks are allowed to operate in Turkey
letters of guarantee are also accepted as collateral.
25.4. In case of letter of guarantee, the scope and form of this letter shall be attached to the tender document.
must comply with the principles in the field form or the relevant legislation. In violation of the relevant legislation
letters of guarantee are not considered valid.
25.5. Guarantees may be replaced by other values ​​accepted as collateral.
25.6. In any case, the guarantees received by the Contracting Entity cannot be confiscated and the precautionary measure
Article 26 - Delivery place of the bid security
26.1. Letters of guarantee are presented to the tender commission within the tender envelope.
26.2. Depositing the collaterals other than collateral letters to the Accounting Directorates and
receipts must be submitted in the offer envelope.
Article 27 - Return of provisional guarantees
27.1. The bid bond of the tenderer over the tender shall be given as a guarantee.
is returned immediately after signing.
27.2. The guarantees of the other tenderers shall be returned after the approval of the tender decision.
27.3. The return of the bid bond shall be paid to the Bank or its representative upon signature.
by hand delivery.
Article 28- Receiving and opening bids
28.1. The tenders shall be submitted to the Contracting Entity by the tender hours specified in the tender document. By the tender commission
the number of bids given in the tender document as specified in a minute
announced to the public and immediately start the tender. Tender commission according to order of receipt
It examines. 20.1 of specification. envelopes which are not suitable for
is not considered. Envelopes are opened with the bidders in the order of receipt in front of those present.
28.2. Bidders' documents are missing and the bid letter and temporary guarantees
check whether it is suitable or not. The documents are incomplete or the preliminary guarantee
unsuitable bidders are identified in minutes. Bidders and bid prices are announced. This process
the minutes prepared by the tender commission is signed. At this stage; no rejection of the offer or
acceptance of the proposal cannot be corrected and completed. Bids on tenders
the session is closed to be evaluated immediately.
Article 29- Evaluation of Bids
29.1. In the evaluation of tenders, first the documents are incomplete or temporary
as stipulated in the first session of this Specification in accordance with the article 28 of this Specification,
it is decided to exclude the bids of the tenderers. But the basis of the proposal
lack of documentation or insignificant information in the documents
if there is a deficiency, the tenderer shall not
completion is requested in writing. Failed to complete the document or information within the specified time
bidders are excluded from evaluation.
29.2. The documents are complete and the tender letter and the bid bond are in accordance with the procedures
is evaluated. At this stage, the tenderers determine the capacity of the tender
and whether the bids are in compliance with the conditions specified in the tender document.
Bidding letter showing the prices offered by the bidders and the arithmetic error in the annex table
arithmetical errors on the basis of unit prices offered by the tenderers
corrected by. The proposal found as a result of this correction, as the bidder's main bid
and this situation is immediately notified to the tenderer by post. The tenderer is deemed to have accepted this.
29.3. The same price is offered by more than one tenderer and they are
if it is understood that there is an advantageous offer, the non-price elements mentioned below should be taken into consideration.
the most economically advantageous tender is determined and the tender is concluded:
29.3.1. He is the producer willing,
29.3.2. The subject of the tender is related to the work experience certificate and the amount is more than willing (in this case
the bidders will be given sufficient time to prepare the work experience certificate),
29.3.4. The OHSAS 18001 Occupational Health and Safety Management System Certificate.
29.4. In the final stage, the most economically advantageous tender in the tender as a result of the evaluation
The tenderer who determines the tender is left on this willingness. However, the tender is not willing or
if the price is not acceptable to the tender commission.
the commission may proceed with the bargaining procedure or the tender shall be made by the procedure determined by the administration.
If the tender is converted into a bargaining procedure, the qualifications and conditions specified in the specification are
storage is mandatory.
29.5. By setting the reasoned decision of the tender commission, it provides for the approval of the contracting officer. decision on
bidders' names or trade names, quoted prices, date of tender
the reasons for which it was made, the reasons for not doing the tender.
29.6. The tender authority shall approve the tender decision within ten (10) days following the date of the decision or
cancels the grounds clearly.
29.7. Procurement; in case of approval of the decision is valid and, if canceled, shall be deemed null and void.
29.8. The tender shall be sent to the notifications of the tenderers, who are not subject to tender, by mail to the notification addresses or
29.9. The Administration is free to reject all tenders and cancel the tender.
Article 30 - Invitation to the Convention
To the bidder who has been awarded the tender by the performance bond within ten (10) days following the date of notification.
contract to be signed by the Contracting Entity,
notified to the notification address by registered mail. The letter should be
the following seventh (7.) day shall be deemed to be notification date to the tenderer. If deemed appropriate by the Contracting Entity,
Ten (10) days can be added.
Article 31 - Performance Performance
The tenderer remaining on the tender shall be calculated on the tender price before the contract is signed.
The guarantee is obtained at the rate of% 6.
Article 32- Duty and responsibility of the tenderer for the contract
32.1. The tenderer who remains on the tender shall be bound by the provisions of Article 10 of this Specification (a), (b), (c), (d), (e) and (g).
documents and the performance bond 30. time in
and shall sign the contract. Provisional collateral immediately after the contract is signed
will be refunded.
32.2. Without complying with these requirements, without the need for protest and provision
The bid bond of the remaining tenderer on the tender shall be recorded as income.
Article 33- Contract to the contract
33.1. Contract tender prepared by the Administration in accordance with the conditions in the tender document
and signed by the contractor.
33.2. According to the relevant legislation for the contract to be paid tax (excl. VAT), pictures and
fees and other contract expenses belong to the contractor.
33.3. Unless otherwise stated in the tender document, it is not obligatory to submit the contract to the notary public.
Article 34- Place and conditions of payment
34.1. Any payment to be made to the Contractor in relation to the procurement / business subject to the tender TÜLOMSAŞ Mali
Office of Affairs will be made.
34.2. Other conditions for payment are specified in the draft contract.
34.3. For this job, the increase / decrease in business can be predicted.
34.4. In accordance with the contract, the price of the material delivered in the
34.5. The material cost will not be paid as a result of quality control.
Article 35 - Advance payment terms and conditions
No advance payment will be made for this purchase.
Article 36 - Price difference payment and calculation terms
Price difference will not be given to the contractor.
Article 37- Date of commencement and completion (delivery of goods)
Time of work; 01 (07 / 2012 / 1 is XNUMX for one year).
However, if TÜLOMSAŞ deems it necessary to terminate the contract unilaterally
It has. On the other hand, although the annual contract amount has been completed, the
The contractor will continue to supply energy at the same price and conditions until the work starts.
Article 38 - Terms and conditions of time extension
38.1. Force majeure;
a) Natural disasters
b) Legal strike
c) General epidemic disease
d) Announcement of partial or general mobilization
e) Other similar cases to be determined by the Administration when necessary.
38.2. To be accepted as force majeure and to give extension
to create force majeure;
a) has not arisen from a fault caused by the contractor,
b) Prevent the fulfillment of the commitment,
c) the contractor was not able to eliminate this obstacle;
d) Twenty (20) days following the date when the force majeure occurred.
to give notice,
e) Certification by competent authorities is mandatory.
38.3. Furthermore, the Contracting Entity does not fulfill its obligations regarding the performance of the contract (place delivery,
approval of projects and work program, lack of appropriation) and therefore responsibility
the occurrence of delays not belonging to the contractor, the fulfillment of this commitment
and that the contractor is unable to eliminate this obstacle.
in case of; the situation will be examined by the administration, according to the work to be done and the nature of the work to be delayed, delayed
some or all of the work may be extended.
Article 39 - Penalties to be taken in case of delay
39.1. Due to force majeure conditions, except for time extension, goods / work on time delivery
the payments to be made by the Administration to the Contractor for each calendar day
late delivery will be deducted with a penalty rate of% 0,1 (one percent) over the price of the delivered material.
This delay may not exceed the 1 / 3 of the delivery time specified in the contract. However at the request of the Contractor
If deemed appropriate by the Contracting Entity, penalty period may be given in addition to the 1 / 3 penalty period.
39.2. The total penalty to be deducted shall not exceed the tender price in any way.
39.3. The delay will be deducted from the payments without further protest to the Contractor. This
In case the penalty is not met by the payments, the Contractor shall be charged separately.
39.4. In the event that the material / work has not been delivered despite the above times,
The provisions of termination shall be put into force.
Article 40- Acceptance, delivery, inspection, acceptance and conditions
40.1. Delivery, delivery and conditions:
The subject of the tender shall be delivered to the place specified in the specification including the purchase / business transportation, unloading and stacking,
where it shall be received by a staff member, but the examination and acceptance of the material
Contractor's responsibility will continue until completed.
If a part of the material has been delivered during the period and regardless of this section
Even if it is possible, the Administration does not receive the received material and pay the price
It is free.
40.2. Inspection and acceptance of the shape and conditions:
Terms and conditions of inspection and acceptance conditions in the technical specification and contract
It indicated.
Article 41 - Warranty, maintenance and repair issues
A guarantee guarantee will be received at the end of the contract period until the end of the contract period.
Article 42- Dispute Resolution
42.1. Conflicts in the process until the signing of the contract and its entry into force
in the Administrative Court may be subject to litigation.
42.2. In case of disputes arising from the implementation of the contract,
the relevant provisions shall apply.
Article 43- Other Matters
43.1. For the purposes of this tender, the Administration shall issue 4734 and 4735 with the exception of the prohibition clause from penalties and tenders.
Not subject to laws.
43.2. Privacy:
43.2.1. The Contractor is responsible for the 3 in the organization or in cooperation with the Organization.
any technical / administrative activity that it has acquired together with the business activities carried out; business,
decision, interview, information transfer, common design, picture, process, treaty, method, business plans, programs,
invention, R & D and prototype studies, including, but not limited to
information sharing, Organization and 3. confidentiality, good so as not to violate the rights and obligations of individuals
intend to keep private and confidential under the provisions of intention and official legislation; Fulfillment of the contract
will not use in any way other than its purpose, without the prior written permission of the Contracting Entity
it will not disclose or publish any details. Decisions of Turkish judicial authorities
any disclosure or publication requirement for the purposes of the Agreement,
If a dispute arises, the decision of the Administration on this matter will be final.
43.2.2. The Contracting Entity shall not be liable for any failure to comply with this obligation.
loss, loss of rights or loss of rights, therefore, all kinds of damage suffered other rights
to be collected and compensated (including deprived profits and missed opportunities) from the Contractor
NOTE: The unit price of electrical energy will remain constant until the end of the contract. However, legal
a legal increase in the payment components to be included in the invoice as
The increases shall be reflected on the invoice provided that the contractor certifies it. Same way
if the items are legally discounted according to the invoiced discounts
It will be held.
2) Bidders shall submit their bids according to the specified tariff. However, the current tariff
next to TÜLOMSAŞ working conditions and more economical
a tariff may also be offered. In this case, the total amount of the provisional guarantee in% 3
the higher the bid will be given.
3) Tenderers will create the amount of the components together with the prices separately
invoice design will show in the annex of proposals. This invoice design will be awarded
will be the basis for the next contractor to settle
will be done accordingly.

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