BYLAW ON TENDER


 

SECTION ONE

General Provisions

Purpose and Scope

ARTICLE 1 – (1) This Bylaw has been prepared in order to specify the procedures and principles to be applied in transactions such as the tenders for the purchase and sale of the goods and services,  construction, real estate purchase-sale, rental, leasing, barter, establishment of limited real rights, and in purchase and sale of the goods and services within the framework of funds provided by the public institutions and organizations and international organizations for research and development projects in line with the  Foundation Higher Education Institutions Tender Bylaw published in the Official Gazette No. 30597, dated 16 November 2018.

Basis

ARTICLE 2 – (1) This Bylaw has been prepared based on the Higher Education Law No. 2547, dated 4 November 1981, and the Foundation Higher Education Institutions Tender Bylaw published in the Official Gazette No. 30597, dated 16 November 2018.

Definitions

ARTICLE 3 – (1) The references in this Bylaw are as follows:

a) Candidate: Real or legal persons applying for prequalification or their joint ventures, 

b) Service: Maintenance and repair, transportation, landscaping, translation, communication, insurance, research and development, accounting, market research and survey, advocacy, consultancy, promotion, printing and publishing, cleaning, food preparation and delivery, accommodation, meeting, organization, exhibition, protection and security, vocational education, photography, film, intellectual and fine art services, services for computer systems, software services and similar services,

c) Tender: The procedures that indicate one of the elected bidder is handed over the transactions indicated in this Bylaw such as purchase and sale of goods and services, construction, leasing, renting, barter, and establishment of limited real rights followed by the approval of the tender authority with the signing of the contract.

ç) Tender document: Administrative specifications including the instructions to the tenderers and the technical specifications including the project of the work to be done, draft contract and other necessary documents and information regarding the subject of the tender,

d) Tender procedures: Tender procedures specified in this Bylaw,

e) Tender authority: The board of trustees or director or officers of the foundation higher education institution deemed appropriate by the board of trustees,

f) Tenderer: Real or legal persons and joint ventures bidding on the tender,

g) Leasing: The University being the lessee of the lease agreement,

ğ) Leasing (out): The University being the lessor of the lease agreement,

h) Goods: All kinds of necessaries purchased, and movable and immovable properties and rights,

ı) Board of Trustees: Board of Trustees of Izmir University of Economics,

i) Travel purchases: Transportation, accommodation, representation / hospitality and similar operations for domestic / international travel, in relation to the educational activities exclusively,

j) Establishment of limited real rights: The establishment of real rights, excluding the property rights, in the Turkish Civil Code No. 4721, dated 22 November 2001,  

k) Contract: Written agreement made under this Bylaw,

l) Specification: Documents indicating the general, special, technical and administrative procedures and principles of the works to be performed,

m) Estimated cost: The pre-estimated cost of the works subject to the tender,

n) Scheduled purchases: Purchases that can be made according to a certain schedule such as electricity, water, natural gas, telephone, data, internet services,

o) Barter: Processes indicated in the articles of the Turkish Code of Obligations No. 6098, dated 11 January 2011, on barter,

ö) University: Izmir University of Economics holding the tender,

p) Construction: All kinds of construction work and installation, manufacturing, preparation, shipping, completion, repair, restoration, landscaping, drilling, demolition, strengthening and assembly works, and similar construction works,

r) Contractor: The tenderer who undertakes the tender.

Basic Principles

ARTICLE 4 – (1) The University is responsible for ensuring transparency, competition, equal treatment, reliability, confidentiality, public control, meeting the needs under appropriate conditions and on time and efficient use of resources in tenders to be held according to this Bylaw.

(2) No tenders shall be held in violation of Article 28 of the Regulation on Foundation Higher Education Institutions published in the Official Gazette No. 26040, dated 31 December 2005.

(3) Except for turnkey construction tenders, procurement of goods, services and construction works cannot be tendered together unless there is an acceptable natural connection between them.

(4) The works constituting the subject of the tender cannot be divided into sections in order to stay below the limits set in this Bylaw.

Eligibility criteria for participating in the tender

ARTICLE 5 – (1) The University demands from the tenderers, who will participate in the tender, the information and documents needed to determine their economic and financial competence and professional and technical competence in line with the basic principles specified in Article 4.

Estimated Cost

ARTICLE 6 – (1) The estimated cost of the works to be performed in accordance with this Bylaw is determined by the University itself or the University gets it estimated. Depending on the nature of the work, when necessary, institutions and organizations such as the municipality, the chamber of commerce, the chamber of industry, the stock exchange, or the experts can be consulted on the cost or the prices to be used in the calculation of this cost. For the determination of the estimated cost for the purchase, sale, rental, lease, barter, establishment of limited real rights processes, valuations in the valuation reports, to be prepared by real estate valuation companies licensed by the Capital Markets Board (CMB) in accordance with CMB legislation, and without any limitation, are taken as basis. The estimated cost, along with its bases, is shown in an account record, and stored with the tender documents. This cost is verified by the tender commissions when necessary. However, during the estimated cost determination for the construction works, if there are unit prices for these works, determined by the relevant public institutions based on the authority given by the laws, then these prices are used. The estimated cost is not included in the tender and pre-qualification announcements. It is not disclosed to tenderers or other persons who do not have a formal relationship with the tender process.

Commissions

ARTICLE 7 – (1) The tender authority, under the chairmanship of one of the University officials, assigns the commissions to be established with the participation of at least two people, if they are experts in the subject of the tender. Establishment of a tender commission is required in order to carry out the procedures in the tender process, and an inspection and acceptance commission is mandatory for inspection and acceptance procedures. People assigned to the tender commission cannot be assigned to the inspection and acceptance commission at the same time.

(2) Personnel and experts may be appointed as necessary to assist the Commissions, if they do not participate in the tender decisions.

(3) Commissions convene with all members present. Commission decisions are reached by majority decision. In the event of votes being equal, the party with the chairman’s vote is considered majority. Abstention is not allowed. The member who has cast a dissenting vote must write the justification of the dissenting vote under the decision and sign it. The chairman and members of the commission are responsible for their votes and decisions.

Transaction folder

ARTICLE 8 – (1) This folder contains all documents related to the tender process such as the approval document and its attachment received from the tender authority,  calculation sheet on the estimated cost, tender document, announcement texts, applications or offers submitted by candidates or tenderers, and tender commission minutes and decisions.

Certificate of approval

ARTICLE 9 – (1) A certificate of approval is prepared for each work to be tendered. The type, nature, amount of work subject to the tender, its project number, if applicable, estimated cost, available budget amount, terms for advance payment, if applicable, method to be applied in the tender, the amount of the advertisement and the amount of the tender bond are specified in the certificate of approval. The cost of the specification and its annexes are also indicated in the certificate of approval.

(2) The tender process begins with the approval of the certificate of approval of tender by the tender authority; and ends with the signing of the contract by the parties or cancellation of the tender.

Announcements

ARTICLE 10 – (1) The University is obliged to make announcements before bidding. A reasonable period is determined by the tender authority between the announcement date and the tender date, which will allow all tenderers to prepare their bids according to the tender procedure and the nature of the work. This period cannot be less than seven days.

(2) Tenders are announced in a separate section designated for tender announcements, in local newspapers published at the place of tender and on the official website of the University, in a way to ensure publicity. Announcements published on the website cannot be removed from the site until the tender time. Announcement is not mandatory for purchases in which direct procurement and bargaining procedure is applied.

(3) It is mandatory to state the following matters in the announcements:

a) The nature, place and amount of the work subject to the tender,

b) Where and under what conditions the specification and its annexes are to be obtained,

c) The place, day&time, and the method the tender will be held,

ç) Amount of tender bond,

d) List of documents requested from the tenderers,

e) The deadline and place of submittal for the bids.

(4) Announcements that do not comply with the provisions of this article are invalid. In this case, the tender cannot be held unless the announcement is renewed. If the invalidity of the announcements is understood after the tender is held, the tender or contract is terminated.

(5) Announcement cannot be made until the tender / prequalification document is prepared.

(6) No changes can be made to the tender / prequalification document after the announcement is made. 

(7) The matters not mentioned in the tender / prequalification document are not included in the announcement.

Tender / prequalification document

ARTICLE 11 – (1) The tender document contains administrative specifications, including instructions to the tenderers, and technical specifications including the project of the work to be done, the draft contract and other necessary documents and information. In the prequalification document, the terms required for the candidates, pre-qualification criteria and other necessary documents and information are included.

(2) The tender and prequalification document can be viewed free of charge at the University. However, tenderers wishing to participate in the prequalification or tender are required to obtain this document. The cost of the document is determined and announced by the University, so as not to exceed the cost of printing and prevent competition. The document fee is deposited to the bank account only specified in the announcement by indicating the tenderer's name, title, tender name and number, if applicable.

Ineligible tenderers

ARTICLE 12 – (1) The following persons cannot participate directly or indirectly or as sub-contractors on behalf of themselves or others in tenders within the scope of this Bylaw:

a) Those, who oversee preparing, executing, finalizing and supervising the works and processes within the scope of this Bylaw.

b) Those, who have been temporarily or permanently banned from participating in public tenders by the University or court decision pursuant to the provisions of Public Procurement Law No. 4734, dated 4 January 2002 and this Bylaw and provisions in other laws; and those, who have been convicted of crimes within the scope of Anti-Terrorism Law No. 3713, dated 12 April 1991, or organized crimes or crimes of bribery to public officials in their own country or in a foreign country.

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

ç) Those, who did not want to sign a contract according to the procedure even though they were given a job at the University before, and those, who gave up their commitment after the contract is signed, and did not fulfill their commitments in accordance with the provisions of the contract and specification, except for force majeure.

(2) Contractors, who provide consultancy services for the subject matter of the tender, cannot participate in the tender of that job. Likewise, contractors of the work subject to the tender cannot participate in the tenders for consultancy service of that work.

(3) Prohibitions indicated in the first and second paragraphs are valid for partners of these individuals, corporations with a partnership share of less than 10%, and companies the University has partnerships and management relationship with, and companies that have more than half of their capital, excluding companies with controlling shareholder, in accordance with the Turkish Commercial Code No. 6102, dated 13 January 2011.

(4) Despite the prohibitions specified in this article, the tenderers participating in the tender are excluded from the tender. Tender bonds are recorded as their income. Additionally, due to the situation not being able to be determined during the evaluation of the offers, if a tender was made on one of them, the tender shall be canceled by recording their guarantee as an income.

Specifications

ARTICLE 13 – (1) Administrative and technical specifications specifying all kinds of features of the work subject to the tender are prepared in tenders. The technical criteria of the work subject to the tender are included in the technical specifications. The technical criteria to be determined should not include any anti-competitive aspects to ensure efficiency and functionality and provide equal opportunity for all tenderers.

Subcontractors

ARTICLE 14 – (1) In case of necessity due to the nature of the work subject to the tender, the tenderers may be asked to indicate the works they intend subcontractors to undertake during the tender, and submit the list of subcontractors to the approval of the University before signing the contract. However, in this case, the responsibility of the subcontractors for their work does not eliminate the responsibility of the contractor.

SECTION TWO

Goods and Services Purchases, Limited Real Rights Acquisitions, Leasing and Construction Works

Tendering processes

ARTICLE 15 – (1) In the tender of the procurement of goods and services, and construction works to be carried out by the University, either open tender, selective tender, or negotiated tender is used.

(2) In the tenders related to procurement of goods and services and construction works, it is essential to use the open tender process.

(3) The negotiated tendering specified in the subparagraph (c) of the first paragraph of Article 18, and the sum of goods and services to be made through direct sourcing specified in the subparagraph (ç) of the first clause of Article 19, cannot be more than 10% of the total budget expenditure of the University for the respective year. This limit can be increased up to 15% with the justified decision of the Board of Trustees indicating that it will produce results in favor of the University.

Open tender

ARTICLE 16 – (1) Open tender process is the method in which all bidders can submit bids.

Selective tender

ARTICLE 17 – (1) Selective tendering is the method in which the tenderers invited by the University, as a result of the pre-qualification assessment, can submit bids. Due to the nature of the work requiring expertise and / or advanced technology, where open tendering cannot be used, the procurement of goods and services and construction works, can be carried out through this method.

(2) The pre-qualification criteria and requirements to be determined in order to evaluate the financial and technical capacities of the candidates are specified in the pre-qualification announcement to be placed at least seven days before the deadline.  

(3) Specific number of, or all eligible tenderers, who are listed according to the criteria specified in the document can be invited to bid given that it is specified in the pre-qualification announcement and document. Those, who are not invited to bid are notified about reasons for not being invited. The tender is cancelled if the number of tenderers to be invited to the tender is less than three, or the number of tenderers to bid, is less than two.

(4) All the documents required as a pre-qualification requirement are submitted to the University in accordance with the procedures and principles specified in the first and second paragraphs of Article 20.

Negotiated tender

ARTICLE 18 – (1) Tenders may be held in the following cases by negotiated tendering:

a) No bidding as a result of open tendering or selective tendering.

b) Holding a tender as an obligation urgently upon force majeure events such as natural disasters and epidemic diseases, or occurrence of sudden and unexpected events such as loss of life and property.

c) The estimated value of the University purchases of goods and services and construction works that will not exceed the amount equivalent to five hundred thirty-eight thousand one hundred seventy-four TL, which will be updated according to the CPI rate of the previous accounting period total costs.

ç) Works such as purchase, lease and establishment of limited real rights of movable and immovable property that cannot be obtained through another tendering process due to the nature of their use and the special benefit it will provide to the University.

(2) It is not mandatory to make an announcement in the negotiated tendering. At least three tenderers are invited, except for the cases that are not announced and specified in subparagraph (ç) of the first paragraph, and they are asked to submit their qualification documents and price offers in writing together. The tender commission also negotiates with each tenderer. As a result of the negotiations, the tender commission takes the final written price offers that will be the basis for the tender decision from each tenderer and the tender is concluded. How the negotiation was made, the offers submitted, and the reason for choosing the tender is indicated in the negotiation decision. It is not obligatory to make a contract and obtain a performance guarantee for the purchases made within the scope of this paragraph.

(3) In the tenders to be held in accordance with the subparagraphs (a) and (c) of the first paragraph, the eligible tenderers, whose competency is determined based on the evaluation criteria specified in the tender document, initially submit their first offers without any price on matters such as technical details and methods of realization of the tender. The tender commission negotiates with each tenderer on the methods and solutions that will best meet the needs of the administration and receives the first price offers. As a result of these negotiations, final written price offers, not to exceed the first price offers, that will be the basis of the tender decision are received from the tenderers and the tender is concluded.

(4) If there is a market value appraised or determined by the competent authorities or courts in the works to be performed in accordance with subparagraph (ç) of the first paragraph, this value is considered as the estimated cost. Otherwise, negotiations are carried out over the estimated cost to be determined according to Articles 6 and 7. Estimated cost is kept confidential during the negotiations.

Direct sourcing

ARTICLE 19 – (1) Direct sourcing can be used without announcing the requirements and without receiving guarantee in the following situations:

a) Determining that the need can only be met by one real or legal person.

b) Obtaining the goods and services, which are required to ensure compliance and standardization with existing goods, equipment , technology or services, from the real or legal person whose first purchase is made with contracts that will not exceed 20% of the original contract value, and will not exceed three years in total duration.

c) Purchasing medicine, vaccine, serum, anti-serum, blood and blood products which are not economical to be stored due to its feature and necessity to be used within a certain period, and orthosis and prosthesis that are patient specific medical consumables, tests, and examination consumables. 

ç) Purchases of goods and services, scheduled purchases and travel purchases, which will not exceed the amount of the estimated cost of the University that will be updated according to the CPI rate of the previous account period total cost of two hundred sixty-nine thousand eighty-seven TL.

(2) In purchases to be made pursuant to this article, the needs are provided by making a price research in the market by the person or persons to be assigned by the tender officer, without having to set up the commissions specified in Article 7, and meet the qualifications specified in Article 5.

Preparation and submission of bids

ARTICLE 20 – (1) All documents required to participate in the tender, including the tender letter and the tender bond, are put in an envelope. The name, surname or trade name of the tenderer, notify address, name of the tender and the name and the mailing address of the University are written on the envelope. The envelope is signed by the tenderer and sealed. Tender letters are submitted in writing and signed. It is obligatory to indicate in the tender letter that the tender / prequalification document has been fully read, understood, and accepted, the price proposed is clearly specified both in writing and numerical, there is no deletion, wiping out, or correction. The letter of tender must be signed by the authorized persons by writing the name, surname or trade name.

(2) Bids are submitted to the University in exchange for the receipt until the tender time specified in the tender / prequalification document. Bids submitted after this time are not accepted and are returned unopened. Bids can be sent as registered mail. Bids to be sent by mail must be delivered until the tender time specified in the tender / prequalification document. The time of receiving the bids that will not be processed due to the delay in the mail is recorded in an official report. 

(3) Bids submitted cannot be withdrawn and changed for any reason.

(4) The validity period of the bids is specified in the tender / prequalification document.

(5) For the purchases made through the negotiated tendering and direct sourcing, the tender letter and the required documents to participate in the tender can be obtained by using electronic environment.

(6) The University, with the decision of the Board of Trustees, can set up or participate in electronic purchasing systems where the tenderers, who meet certain criteria, are accepted into the system and can bid electronically.

Tender bond

ARTICLE 21 – (1) Tender bond, not to be less than 3% and more than 6% of the bid price, is taken from the tenderers. It is not obligatory to obtain a tender bond, provided that it is stated in the tender document.

Bid evaluation

ARTICLE 22 – (1) At the time specified in the tender / prequalification document by the tender commission, the number of bids submitted are determined with a minute and announced to the attendees and the tender starts immediately. The tender commission examines the tender envelopes in the order they were received. Envelopes that do not comply with the first paragraph of Article 20 are recorded in an official report and not evaluated. Envelopes are opened in the order of receipt in front of those present with the tenderers.

(2) Whether the tenderers' documents are missing or not, and whether the tender letter and their tender bonds are in accordance with the procedure, are checked. Tenderers, whose documents are missing or whose letter of bid and tender bond are not in accordance with the procedure are recorded in an official report. Tenderers and bid prices and estimated cost amount are announced. The minutes prepared for these procedures are signed by the tender commission. At this stage; the rejection or acceptance of any bid is not decided, the documents forming the bid cannot be corrected and completed. The session is closed so that the tender commission can immediately evaluate the bids.

(3) The decision to exclude the bids of the tenderers, determined according to the first and second paragraph of this article, whose documents are missing, or the tender letter and tender bond are not in accordance with the procedure, is taken in the first session. However, if there is a lack of information and / or documents that do not affect the essence of the bid, the tenderers are asked in writing to complete these missing information and / or documents within the period determined by the University. Tenderers, who do not complete the information and / or documents within the specified period, are excluded from the evaluation and their tender bond is recorded as revenue.

(4) As a result of these initial evaluations and procedures, the bids of the tenderers, whose documents are complete and tender letter and tender bond are in accordance with the procedure, are thoroughly evaluated. At this stage, whether the tenders comply with the qualification criteria that determine the capacity of the tenderers to perform the subject of the tender and whether the bids comply with the terms specified in the tender / prequalification document, are examined in this stage. Tenders, which are determined to be not appropriate, are excluded from the evaluation.

(5) After evaluating the bids, the tender commission determines those whose bid price is too low compared to the other bids or the estimated price determined by the University. Before rejecting these bids, the commission asks the tenderers to submit details in writing about the components that are determined to be important in the bid. As a result of this evaluation, the bids of the tenderers, whose explanations are not considered enough or who do not submit a written explanation, are rejected.

Tender decision and approval

ARTICLE 23 – (1) As a result of the evaluation made in accordance with Article 22, the tender is awarded to the tenderer who made the most economically advantageous bid.

(2) The most economically advantageous bid is determined only on a price basis or together with the price, by considering the factors other than price such as operation and maintenance cost, cost effectiveness, efficiency, quality and technical value. In tenders, where the economically most advantageous tender will be determined by considering the items other than the price, monetary values or relative weight of these elements are determined in the tender / prequalification document.

(3) In the tenders where the lowest price is considered as the most economically advantageous bid, if it is understood that the same price is offered by more than one tenderer and these are the most economically advantageous bids, the most advantageous bid is determined by considering the factors other than the price mentioned in the second paragraph, and the tender is finalized.

(4) The tender commission makes its justified decision and submits it to the approval of the tender authority. In the decisions, the names or trade titles of the tenderers, the prices offered, the date of the tender and the reasons for which the tenderer was selected, and the reasons if the tender was not made, are specified.

(5) The tender authority approves the tender decision within five business days following the decision date or cancels it by stating the reason.

(6) Tender is considered valid if the decision is approved and considered null if it is canceled.

(7) The result of the tender shall be notified to all tenderers, including the tenderer being awarded the tender, who have submitted bids to the tender, within three business days following the day when the tender decision has been approved by the tender authority. The reasons for not being evaluated or not deemed appropriate, are included in the notification of the tender result. In the event of the tender decision being canceled by the tender authority, the tenderers are notified by stating the reasons for cancellation.

(8) The contract cannot be signed unless three tender days have passed since the tender result has been notified to all tenderers.

(9) Starting from the date following the expiration of the period specified in the eighth paragraph, the tenderer, who has been awarded the tender, shall be notified of signing the contract by giving the performance bond within ten business days following the date of notification.

Performance bond

ARTICLE 24 – (1) In order to ensure that the commitment is fulfilled in accordance with the terms of the contract and tender / prequalification document, a maximum of 6% of performance bond calculated over the tender price is obtained from the tenderer awarded with the tender before the contract is made. It is not obligatory to obtain a performance bond given that it is stated in the tender document.

Duties and responsibilities of the parties in making the contract

ARTICLE 25 – (1) The tenderer, who is awarded the tender, must sign the contract by depositing the performance bond. The tender bond is returned immediately after the contract is signed. In case of failure to comply with these obligations, the tender bond of the tenderer awarded the tender, is recorded as revenue without the need to enter a protest and judgments. In this case, the University can sign a contract with the tenderer, who is the second most economically advantageous bidder, according to the provisions of the Bylaw, given that it is approved by the tender authority. However, in order to sign a contract with the second most economically advantageous tenderer, the second most economically advantageous tenderer shall be notified as stated in the paragraph within three days after the expiry of the ten-day period specified in the ninth paragraph of the article 23. If the second economically most advantageous tenderer not signing the contract, the tender bond of this tenderer is also recorded as revenue, and the tender is canceled.

(2) The University is obliged to fulfill its duties in terms of contracting according to article 23 within the periods stated in the first paragraph. If the University failing to fulfill this obligation, the tenderer may waive his / her commitment with a ten-day notary notification within five business days following the expiration of the deadline. In that case, the tender bond is refunded, and the tenderer is entitled to request the documented expenses he made to give the bond. Those who cause this damage are reimbursed.

Inspection and acceptance procedures

ARTICLE 26 –- (1) The inspection and acceptance procedures of the delivered goods, services, construction or work done, are carried out by the inspection and acceptance commission to be established by the tender authority. The inspection and acceptance commission examine whether the procurement of goods and services and works are appropriate to the qualifications specified in the tender document.

SECTION THREE

Sale, Leasing, Bartering, and Establishment of Real Right of Goods and Services and Immovables, and Similar Processes

Tendering processes

ARTICLE 27 – (1) In the tender of the procurement, leasing, bartering, and establishment of real rights of goods and services, and immovables, to be carried out by the University, either closed tender, open tender, or negotiated tender is used.

(2) In the tenders, it is essential to use closed tender, which ensures the bids to be given secretly, and open tender. The tender authority decides which of these two methods are to be applied.

Closed tender

ARTICLE 28 – (1) In the closed tendering, bids are submitted in writing. After the letter of tender is placed in an envelope and closed, the tenderer's name, surname and notify address is written on the envelope. The envelope is signed by the tenderer and sealed. This envelope is placed in a second envelope along with a receipt for tender bond and other requested documents. On the outer envelope, the name and surname and mailing address of the tenderer, the work for the tender are written.

(2) It is obligatory that the tender letters are signed by the tenderer and to indicate that the specification and its annexes in the letters document has been fully read, understood, and accepted, the price proposed is clearly specified both in writing and numerical, there is no deletion, wiping out, or correction. Bids that do not comply with any of these or that have deletions or corrections are rejected and deemed to have never been made.

(3) Bids are submitted to the University in exchange for the receipt until the tender time specified in the announcement. The receipt number is written on the envelope. Bids can be sent as registered mail. In that case, the name, mailing address of the University, the name, last-name and mailing address of the tenderer are written on the outer envelope to be sent to the tender commission. Bids to be sent by mail must be delivered to the University until the tender time specified in the announcement. Bids submitted to the tender commission cannot be taken back for any reason.

(4) When the time to open the bids comes, after recording the number of bids submitted, the outer envelopes are opened in front of the tenderers in the order of their receipt, and whether the required documents and the tender bond given in complete are checked. The receipt number on the outer envelope is also written on the inner envelope. The inner envelopes of tenderers, whose documents and tender bond are not in conformity and incomplete, are sent back to themselves or to their assignees, together with other documents, without further processing. These cannot participate in the tender.

(5) Before the inner envelopes carrying the tender letters are opened, those, other than the tenderers, are taken out of the tender room. After that, the envelopes are opened in order they are received, the bids are read by the chairman of the commission, or get them read, and a list is made. This list is signed by the chairman and members of the commission. Tender letters that do not comply with the specification or have other conditions or do not comply with the provisions of the second paragraph are not accepted.

(6) In the auctions held with the closed tendering; the tender is finalized after receiving the final tender verbally or in writing from the tenderers present at the session, given that the bid is not below the highest valid bid.

Open tender

ARTICLE 29 – (1) Open tender process is the method in which all tenderers submit their written bids to the tender commission. In the following tours, bids are received verbally. However, tenderers may also send their bids with a registered mail, given that they have reached the University until the tender time specified in the announcement, in accordance with the provisions of Article 20. If the tenderer is not present, the bid sent by mail is accepted as the final bid.

(2) When the tender time stated in the announcement comes, the chairman of the commission informs the tenderers about who can participate in the tender by examining their documents and making sure they gave the tender bond. It is decided to return the documents and tender bonds of those who will not be able to participate. These are recorded in an official report before the tenderers. After that, those who will not be able to participate in the tender are removed from the tender place. Other tenderers are invited to sign the specifications first and then to state their bids in order. The bids to be made are written on auction and reduction paper of the tender and signed by the tenderers.

(3) After the first bids are determined in this way, the chairman of the commission ensures that bids made by mail are written on the auction and reduction paper of the tender, if there are any. The tenderers then continue to make offers in turn. Tenderers, who withdrawn from the tender, are written on the auction and reduction paper of the tender and their signatures are taken. In case the relevant person hesitates to sign, it is also specified. Those withdraw from the tender, cannot submit bids again. If it is understood that the discounts or increases made while the bids are being made will prolong the process; tenderers are asked to submit their final offers in writing before the commission. Those, who have previously withdrawn from the tender, cannot submit a written offer in this case.

Negotiated tender

ARTICLE 30 – (1) Tenders may be held in the following cases by negotiated tendering:

a) No bidding as a result of closed or open tendering.

b) The sale of goods that deteriorate quickly, which are dangerous to be stored, are higher than the value of storage costs or the benefit arising without waiting.

(2) At least two tenderers are invited and asked to submit their bids in writing in negotiated tendering. The tender commission also negotiates with each tenderer. As a result of the negotiations, the tender commission asks each tenderer to submit the final price bid that will be the basis for the tender decision. The tender is finalized after receiving the last written price offers.

(3) How the negotiation was made, the offers submitted, and the reason for choosing the tender is indicated in the negotiation decision.

(4) In determination of the estimated cost for the bartering processes of immovable goods, valuations in the valuation reports, to be prepared by real estate valuation companies licensed by the Capital Markets Board (CMB) in accordance with CMB legislation, and without any limitation, are taken as basis. In this case, there may be a maximum of 10% difference among the immovable values subject to the barter.

Determination of the appropriate price

ARTICLE 31 – (1) A contract is signed with the tenderer who offers the appropriate price in the tenders regarding the sale, leasing, bartering, and establishment of real rights of goods and services, and immovables, to be carried out by the University.

(2) Appropriate price in the bidding is the highest of the proposed prices, not to be below the estimated price.

(3) In the decreases, the appropriate price is the price that is offered on the condition that it does not exceed the estimated price. The reasons for showing that the preference is in favor of the University are stated in the decision.

(4) In the closed tendering, the appropriate price is the one that is deemed worthy of the prices offered, not to be less than the estimated price. The reasons for the preference are stated in the decisions.

(5) Criteria to be used in the selection of the appropriate price and the maximum discount amount or rates to be accepted in the decreases; other matters related to the nature, type and amount of work, unit prices, payment deadline and similar technical and financial competence of the tenderer are determined in the tender document.

Tender bond

ARTICLE 32 – (1) Tender bond, not to be more than 6% of the bid price, is taken from the tenderers. It is not obligatory to obtain a tender bond, given that it is stated in the tender document.

Tender decision and approval

ARTICLE 33 – (1) The decisions taken by the tender commissions are signed by specifying the names, surnames and main duties of the chairman and members of the commission. The names or trade titles, addresses of the tenderers, the prices offered, the date of the tender and the reasons for which the tenderer was selected, and the reasons if the tender was not made, are specified in the decisions.

(2) The tender authority approves the tender decision within five business days following the decision date or cancels it by stating the reason clearly.

(3) Tender is considered valid if the decision is approved and considered null if it is canceled.

(4) The result of the tender shall be notified to all tenderers, including the tenderer being awarded the tender, who have submitted bids to the tender, within three business days following the day when the tender decision has been approved by the tender authority. The reasons for not being evaluated or not deemed appropriate, are included in the notification of the tender result. In the event of the tender decision being canceled by the tender authority, the tenderers are notified by stating the reasons for cancellation.

(5) The contract cannot be signed unless three tender days have passed since the tender result has been notified to all tenderers.

(6) Starting from the date following the expiration of the period specified in the fifth paragraph, the tenderer, who has been awarded the tender, shall be notified within three business days of signing the contract by giving the performance bond within ten business days following the date of notification.

Performance bond

ARTICLE 34 – (1) In order to ensure that the commitment is fulfilled in accordance with the terms of the contract and specifications, a maximum of 6% of performance bond calculated over the tender price is obtained from the tenderer awarded with the tender before the contract is made. It is not obligatory to obtain a performance bond given that it is stated in the tender document.

(2) In case of failure to comply with this obligation, the tender bond of the tenderer awarded the tender, is recorded as revenue without the need to enter a protest and judgments.

Duties and responsibilities of the parties in making the contract

ARTICLE 35 – (1) The tenderer, who is awarded the tender, must sign the contract by depositing the performance bond. The tender bond is returned immediately after the contract is signed. In case of failure to comply with these obligations, the tender bond of the tenderer awarded the tender, is recorded as revenue without the need to enter a protest and judgments. In this case, the University can sign a contract with the tenderer, who is the second most economically advantageous bidder, according to the provisions of the Bylaw, given that it is approved by the tender authority. However, in order to sign a contract with the second most economically advantageous tenderer, the second most economically advantageous tenderer shall be notified as stated in the paragraph within three days after the expiry of the ten-day period specified in the sixth paragraph of the article 33. If the second economically most advantageous tenderer not signing the contract, the tender bond of this tenderer is also recorded as revenue, and the tender is canceled.

(2) The University is obliged to fulfill its duties regarding the conclusion of the contract within the periods specified in the first paragraph and to complete the transactions regarding the waiver in the sale of immovables, to deliver the goods sold according to the limit and qualification specified in the specification to the tenderer who is awarded the tender. If the University fails to fulfill this obligation, the tenderer may waive his / her commitment with a ten-day notary notification within five business days following the expiration of the deadline. In that case, the tender bond is refunded, and the tenderer is entitled to request the documented expenses he made toa give the bond. Those who cause this damage are reimbursed.

 (3) The tenderer, who is awarded the tender, must register the immovables on behalf within the period specified in the specification given that that he has paid for the tender price, tax, picture, fee and other expenses. Otherwise, he cannot make any claims to the University due to damage, loss, squatting and other reasons that may occur.

SECTION FOUR

Miscellaneous and Final Provisions

Cancellation of the tender

ARTICLE 36 – (1) The University may cancel the tender by specifying the reason before the tender time, in cases where it is determined that there are issues that prevent the tender and that cannot be corrected in the tender / prequalification documents.

(2) In this case, by stating the reason for cancellation, the cancellation of the tender announced to the tenderers immediately. Those who have submitted bids up to this stage are also notified that the tender has been canceled. If the tender is canceled, all bids submitted are deemed rejected and these bids are returned to the tenderers without being opened. Due to the cancellation of the tender, no claim can be made to the University by the tenderers.

(3) In the event of cancellation of the tender, the University may decide to tender again by revising the reasons for the cancellation.

Prohibited acts and behaviors

ARTICLE 37 – (1) It is forbidden to engage in the following acts or behaviors in tenders:

a) Being involved in or attempting to bid rigging by means of fraud, promise, threat, influence, interest, agreement, extortion, bribery or other means.

b) Causing the tenderers to waver, prevent participation, offering a deal to tenderers, or encouraging them for a deal, acting in a manner that will affect the competition or the tender decision.

c) Arranging, using, counterfeit documents or counterfeit guarantees or attempting to do so.

ç) Submitting more than one bid directly or indirectly, in person or by proxy, by a tenderer in the tender.

d) Participating in the tender although participation in the tender is not allowed according to article 12.

(2) Those, who engage in these prohibited acts or behaviors, are excluded from the tender. If the prohibited act and behavior is determined after signing the contract, the performance bond is recorded as revenue and the tender is liquidated according to general provisions. University makes a Board of Trustees decision regarding the sanctions to be imposed on those who have prohibited acts or behaviors. These decisions are announced by the University.

Contracting

ARTICLE 38 – (1) All tenders, except those exempted under this Bylaw, are bound by a contract. Contracts prepared by the University are signed by the administrator and the contractor who have the authority to sign. If the contractor is a joint venture, contracts are signed by all partners of the joint venture. Unless otherwise stated in the tender / prequalification document, the contracts are not required to be registered and certified by the notary. No contract can be issued against the conditions specified in the tender / prequalification document.

Transfer of contract

ARTICLE 39 – (1) The contract can be transferred to another person with the written permission of the University. However, the conditions in the first tender are sought for those who will take over.

Bond

ARTICLE 40 – (1) In the tenders to be held in accordance with this Bylaw, the values to be accepted as collateral, except for the Turkish Currency in circulation, can be determined by the tender authority and displayed in the announcement.

Objection

ARTICLE 41 – (1) Candidates or tenderers who claim that they have been subjected to a loss or damage due to illegal transactions or actions during the tender process or that they are likely to suffer losses, can appeal to the University within five business days following the date of the tender, due to the alleged violation of the transactions or actions in the tender process.

(2) The University makes a reasoned decision within ten days by making the necessary examination on the objection. The decision taken is notified to the objector, other candidates or tenderers and potential tenderers, within three days after the decision date. No notification will be made to those who may be willing, except for applications for tender or prequalification documents.

(3) In case of an objection to the University, all the works and procedures regarding the tender will be ceased. If no decision is taken within the deadline of the decision on the objection, the contract cannot be signed before the deadline of this period. After the objection, the University cannot sign a contract unless the tender authority confirms that tender procedures must continue due to urgency and public interest. This approval, which has been given as a reason for continuing tender procedures, shall be notified by taking into consideration the time required to ensure that it has been notified to the tenderer who made the appeal at least seven days before the contract was signed. If the contract is signed without proper notification by the university, the tender decision and the contract are considered null and void.

Works not subject to the provisions of this Bylaw

ARTICLE 42 – (1) The University shall not be subject to the provisions of this Bylaw in procurement from;

a) Public administrations and institutions established by fixed or revolving funds affiliated to these administrations and unions formed by special budget administrations.

b) State-owned enterprises and institutions whose more than half of its capital alone or together, belong to the state, state-owned enterprises or local administrations.

c) Foundations established with the aim of strengthening the Turkish Armed Forces and establishment, companies and institutions with more than half of their capital belonging to these foundations.

ç) Partnerships and associations that have legal entity established by a special law and who purchase, process, evaluate, improve, sell, and provide products and equipment that meet the needs of their partners or non-partners, as required by law.

d) Organizations, which have legal entity established by special laws, that are assigned with public service.  

e) The commercial enterprises of the University, which have their own capital.

f) Digital and printed database subscriptions related to educational activities.

These purchases shall be made directly by determining the estimated price.

(2) The provisions of this Bylaw are not applied in the sales made by the economic enterprises of the University and the sales of the services produced by such as the health research and application center during their educational activities.

Procurement of goods and services within the scope of research and development funds

ARTICLE 43 – (1) Purchases of goods / services to be realized within the scope of funds provided by public institutions and organizations and international organizations for research and development projects are carried out in accordance with the procedure to be determined within the framework of the protocol with the institution / organization providing the fund, based on the fund's allocation purpose and amount, provided that it is within the field of activity of the University. In case of lack of provision regarding the purchase of goods and services in the protocol, the provisions of this Bylaw are applied.

Legislation to be applied in case of conflict

ARTICLE 44 – (1) In case of contradiction between the provisions of this Bylaw and the provisions of the Foundation Higher Education Institutions, the provisions of the Foundation Higher Education Institutions Regulation are applied.

Repealed Regulation

ARTICLE 45 – (1) The Purchase and Sale Bylaw, which was published on the Official Gazette No. 24740, dated 29 April 2002, has been repealed.

Effectiveness

ARTICLE 46 – (1) This Bylaw takes effect on the date it is published.

Enforcement

ARTICLE 47 – (1) The Board of Trustees of the Izmir University of Economics enforces the provisions of this Bylaw.

 

This bylaw took effect on the date of its publication on the Official Gazette No. 31111, dated 27 April 2020. 

 

 

  GERİ DÖN

 

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