TULOMSAS 200 Piece U 240 Profile Auction

FILE NUMBER 85.02 / 122157
TENDER DATE AND TIME 14.06.2012 14: 00
ANNEX HISTORY 31.05.2012
SPECIFICATION PERIOD / 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
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 may obtain information about the tender by contacting the personnel from the above addresses and numbers.
Article 2- Information on the subject of the tender
Goods subject to the tender;
a) Name: U 240 Profile (L = 20,4 MT. -10 + 40 mm.)
b) JCC registration number: 2012 / 66965
c) Quantity and type: 200 Pieces
d) Place of delivery: TÜLOMSAŞ Department of Materials Management
e) Other information: -
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: 14.06.2012
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, it is obligatory for those who will submit a tender for the tender to purchase the tender document approved by the contracting authority.
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. The tenderer shall check the authenticity of the documents constituting the tender document and whether the documents are complete. After this examination, the Contracting Entity receives the declaration signed by the tenderer on the series compass that the tender document has been received in full with the original documents.
4.3. The tenderer shall be deemed to have accepted the conditions and rules in the tender document.
Article 5- Place where offers are submitted
5.1. Offerings: TÜLOMSAŞ Purchasing Supply Department
5.2. Bids can be submitted to the above mentioned location until the date and time of the tender and can also be sent via registered mail. Bids not reaching the contract until the time of the tender will not be taken into consideration.
5.3. Bids submitted to or received by the Contracting Entity cannot be withdrawn for any reason, except for issuing an addendum.
5.4. In case the date determined for the tender coincides with the holiday, the tender shall be held at the same place on the first business day following the date and the bids submitted up to this time shall be 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 Requirements list,
b) Draft Contract,
c) Standard forms: Letter of Bid, Unit Price Bid Sheet, Letter of Bid Bond
6.2. In addition, in accordance with the relevant provisions of this Specification, the addendum to be issued by the contracting authority and the written statements made by the administration upon the request of the tenderers constitute a binding part of the tender document.
6.3. The tenderer must carefully examine the contents of all the documents mentioned above. In case of failure to fulfill the conditions for the submission of the proposal, the responsibility will arise from the tenderer. Bids not in accordance with the procedure prescribed and described in the tender document shall not be taken into consideration.
Article 7- Required documents and qualification criteria to participate in the tender
7.1. In order for the bidders to participate in the tender, they must submit the following documents in the following order:
a) Certificate of Chamber of Commerce and / or Industry or Chamber of Profession registered in accordance with the legislation;
1) In case of a real person, a document indicating that it was registered in the Chamber of Commerce and / or Industry or the Chamber of Profession,
2) In case of being a legal person, it is received from the Chamber of Commerce and / or Industry where it is registered in the register of the legal entity in accordance with the legislation;
b) Signature declaration or signature circular showing that it is authorized to bid;
1) Notarized signature declaration in case of real person,
2) In case of legal entity, it shows the last status indicating the persons, members or founders of the legal entity and the persons under the management of the legal entity according to their interest.
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) Notarized power of attorney to participate in the tender, and a notarized signature declaration for participation in the tender in case of participation by proxy,
g) the list of works and subcontractors that the subcontractor is considering to have subcontractors to use if the subcontractor is allowed to be used,
h) if desired, work experience certificate, the document submitted to demonstrate work experience by the bidder, if they belong to a partner entity more than half of the shares, Turkey Chambers and Stock Exchanges Union or certified public accountants or public accountants after the first announcement date by financial advisors or notaries a certificate of partnership status, showing that this condition has been maintained continuously for the last one year from the
i) Other documents requested by the Contracting Entity: i
7.2. Documents to be searched for professional and technical qualifications and the criteria to be met by these documents:
7.2.1. 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 (if any, subcontractor) and examine the works performed. As a result of this review, the Supplier who cannot score 70 according to the Supplier Qualification Form is excluded from the evaluation.
7.3. How to submit documents:
7.3.1. Tenderers shall give the original or notary approved examples of the documents mentioned above. In case the work experience certificates related to the work or similar works are requested, the originals of the notarized work experience certificates shall be submitted to the contracting entity by the tenderer who is on the tender before the approval of the tender officer.
7.3.2. Notarized documents must bear the geçerli true gelecek annotation, those whose copy or photocopy has been approved and approved olup are the same as the one submitted ini or those carrying the annotation will not be considered valid.
7.3.3. The tenderers may change the originals of the documents with the photocopies written by the tender commission in the words görül the original has been seen İst during the tender.
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. The persons listed below cannot participate directly or indirectly or as a sub-contractor on behalf of themselves or others in any way;
(a) Those who have been banned from participating in public tenders temporarily or permanently, pursuant to the provisions of the Laws 4734 and 4735 and other laws, and those convicted of crimes and organized crimes under the Anti-Terrorism Law No. 3713.
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) Those responsible for preparing, executing, concluding and approving any procurement proceedings related to the work of the Contracting Entity.
e) spouses of upheld persons up to third degree and relatives up to second degree, relatives and adopters of up to second degree, specified in paragraphs (c) and (d).
f) the partners and companies of those referred to in paragraphs (c), (d) and (e) (except for joint-stock companies in which such persons are not appointed or have more than 10% of their capital).
9.2. Contractors engaged in consultancy services related to procurement cannot participate in the tender. This ban also applies to companies with a partnership and management relationship and to companies with more than half of the capital of these companies.
9.3. Despite the above prohibitions, the tenderers participating in the tender shall be excluded from the tender and their bid bonds shall be recorded as income. In addition, if this situation cannot be determined during the evaluation of tenders, if the contract is awarded on one of them, the guarantee is recorded as revenue and the tender is canceled.
Article 10- Reasons for exclusion
Bidders in the following cases shall be excluded from the tender if such cases are identified;
a) Bankruptcy, liquidation, execution of works by the court, declaration of concordat, suspension of work or similar situation in accordance with the provisions of the legislation in its own country.
b) the bankruptcy of a bank, which is declared to be a bankruptcy, is subject to a mandatory liquidation decision, is under the administration of the court due to its debts against creditors or is in a similar situation according to the provisions of the legislation in its own country.
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, it is determined by the administration that it performs activities contrary to business or professional ethics during the works performed by the administration.
g) As of the date of the tender, it has been prohibited from the professional activity by the chamber where it is registered.
h) Notified by the administration of the information and documents requested by the administration or misleading information and - or fake documents determined to give.
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.
Sanayi The document of the above paragraphs (a), (b) and (g) shall be requested from the affiliated Chamber of Commerce and / or Industry under the name of g 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,
• belongs to the partners, the total number of the associate partners and the partners who are authorized to represent them in the company,
• All of the partners in the collective companies shall be obtained from the units attached to the General Directorate of Statistics of the Ministry of Justice.
Article 11- Prohibited acts or acts
11.1. The following acts or acts are prohibited during the tender period:
(a) To mislead or attempt to commit the proceedings related to the procurement by means of fraud, promise, threat, influence, exploitation, agreement, corruption, bribery or other means.
b) To make the tenderers hesitate, to prevent participation, to propose or to propose to the tenderers, to act in a manner that affects competition or tender decision.
c) To arrange, use or attempt to forge fake documents or counterfeits.
d) In the tender; to submit more than one tender, directly or indirectly, on behalf of himself or others, directly or indirectly, except in the case of alternative bids.
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. The provisions of the Fourth Section of the Law no. 4734 shall apply according to the nature of the act or behavior about those who are engaged in these prohibited acts or behaviors.
Article 12- Tender preparation expenses
All costs related to the preparation and submission of tenders shall be borne by the tenderers. The Contracting Entity shall not be held liable in any way for the costs incurred by the tenderer, regardless of the course and outcome of the tender.
Article 13 - Explanation in the tender document
13.1. Tenderers may request a written explanation from the date of submission of tenders up to seven (7) days prior to the submission of proposals in the tender document. Requests for clarification will be made after this date will not be considered.
13.2. In case the request for clarification is deemed appropriate, the notification to be made by the Contracting Entity shall be sent by letter to the tenderers who have received the tender document by this date or by hand against the signature. This written explanation of the Contracting Entity shall be made to ensure that all tenderers are informed at least three (3) days prior to the deadline for submission of bids.
13.3. The description includes the description of the problem and detailed answers of the administration; however, the identity of the tenderer requesting an explanation is not specified.
13.4. The written explanations shall be submitted to the tenderers who have received the tender documents after the date of disclosure.
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, in the event that the announcement is required to make changes in the advertisements, specifications and annexes after the announcement is made or the tenderer is notified by the Contracting Entity or the tenderers are notified in writing, an amendment to the tender document may be made by the Contracting Entity and the final status is re-announced.
14.2. The addendum is sent by letter to all of the tenderers, or handed out against the signature and is ensured to have at least three (3) days before the tender date.
14.3. If additional time is required for the preparation of tenders due to the amendment made, the administration may postpone the tender date with an addendum for a maximum of twenty (20) days. During the postponement period, the tender document will be sold and bidding is continued.
14.4. In the event that an addendum is issued, the bidders who have submitted their bids before this arrangement shall be given the opportunity to withdraw their bids and submit their bids.
Article 15- Freedom of administration to cancel the tender before the tender time
15.1. In cases where it is deemed necessary by the Contracting Entity or in the documents included in the tender document to prevent the award of the tender and it is determined that there are no issues that cannot be corrected, the tender may be canceled before the tender time.
15.2. In this case, the cancellation of the tender is announced to the tenderers by specifying the reason for cancellation. 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 rejected and these bids shall be returned to the tenderers 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 shall be made in Turkish Lira (TL) as specified in the contract.
17.2. All documents and annexes and other documents constituting the proposal shall be in Turkish. Documents submitted in another language shall be deemed to be valid if accompanied by a Turkish translation. In this case, the Turkish translation shall be the basis for the interpretation of the proposal or document.
Article 18- Partial submission
18.1. A partial offer for the subject work cannot be submitted.
18.2. In the event that a partial bid is given, a bid will be submitted for the total amount of items to be offered.
Article 19 - Alternative offers
Alternative offers cannot be submitted for the subject of the tender.
Article 20- Submission of Bids
20.1. All documents required by this Specification as a condition to participate in the tender including the Letter of Bid and the bid bond shall be placed in an envelope. The name, surname or trade name of the tenderer, the address, the address of the tender and the address of the contracting entity shall be written. The bonded place of the envelope shall be signed, sealed or stamped by the tenderer.
20.2. The tenders shall be submitted to the Contracting Entity (where the bids will be submitted) for the numbered receipts up to the tender time specified in the tender document. Bids submitted after this time shall not be accepted and shall be returned to the tenderer before opening.
20.3. Bids can also be sent by post with registered mail. The bids to be sent by mail shall be submitted to the Contracting Entity until the tender hours specified in the tender document. The time of receipt of the bids that will not be processed due to the delay in the post shall be determined by a minute and shall not be taken into consideration.
20.4. Bids submitted may not be withdrawn or changed for any reason except the issuance of an addendum in accordance with the provisions of this Specification.
20.5. In the event that the bidding period is extended with an addendum, all rights and obligations of the contracting entity and the bidders, depending on the date of initial bidding, shall be deemed extended until the deadline for submission of deadlines.
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) to indicate that the tender document is read and accepted in full, and to respond to all articles in the technical specification, if specified in the technical specifications,
The written price of the proposed price in accordance with the figure and the letter,
No scraping, erasure or correction,
d) It is mandatory that the letter of bid is signed by authorized persons by writing the name, surname or trade name.
Article 22- Validity period of tenders
22.1. The validity period of the tenders shall be at least 30 (Thirty) days from the date of tender. Shorter bid letters shall not be taken into consideration.
22.2. In case of necessity, the Contracting Entity may request from the tenderers to extend the validity period of the bid maximum by the time specified above before the validity period of the tender is over. Tenderers may accept or reject this request of the contracting entity. The bid bond of the bidder who rejects the request for the extension of the bid validity period shall be returned.
22.3. Tenderers accepting the request shall comply with the provisions of the new bid validity period and the provisions on the provisional guarantee in all respects without changing the conditions of the bid and contract.
22.4. Requests and answers shall be made in writing, sent by post or delivered by hand.
Article 23- Costs included in the bid price
23.1. Tenderers shall include the taxes, duties, fees and similar expenses and transportation, unloading and stacking expenses to be paid during the application of the contract in the bid price.
23.2. (23.1.) In case of an increase in the expense items or similar new expense items in the case of the proposed price, such as the increase or the difference will be considered to cover the difference.
23.3. No VAT will be paid to the contractor for this purchase.
Article 24- Temporary guarantee
24.1. Tenderers shall submit a bid bond in the amount determined by them not to be less than% 3 of the offered price. The bids of the tenderers who provide less than% 3 of the offered price shall be excluded from the evaluation.
24.2. Letters of guarantee for banks or private financial institutions, which are offered as a bid security, shall be at least thirty (30) days more than the validity period of the bid.
24.3. Bids not submitted with an acceptable bid bond shall be excluded from the evaluation on the grounds that the required participation conditions are not met by the administration.
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 documents issued in place of these bonds.
25.2. The promissory notes stated in sub-paragraph (c) and the issuance of interest in the nominal value of the documents issued in place of these securities shall be accepted as guarantee over the sales value corresponding to the principal.
25.3. According to the relevant legislation allowed to operate in Turkey will organize letters of guarantee given to the foreign banks are also accepted as collateral.
25.4. In case of letter of guarantee, the scope and form of this letter must be in compliance with the principles or relevant legislation in the form attached to the tender document. Letters of guarantee arranged in contradiction with the related legislation are not accepted as valid.
25.5. Guarantees may be replaced by other values ​​accepted as collateral.
25.6. In any case, the guarantees received by the Administration cannot be confiscated and no precautionary measure can be placed on it.
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. Collaterals other than collateral letters must be deposited to the Accounting Directorates and their receipts must be submitted in the bid envelope.
Article 27 - Return of provisional guarantees
27.1. The bid bond of the bidder who is over the tender shall be returned immediately after the performance bond has been given and the contract is signed.
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 made to the bank or upon the request of the tenderer / authorized representative by hand.
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. The number of bids submitted by the tender commission at the time indicated in the tender document is determined by a minute, announced to the attendants and the tender is started immediately. The tender commission shall examine the tender envelopes in order of receipt. 20.1 of specification. The envelopes which are not suitable for the article are not evaluated with a record. Envelopes are opened with the bidders in the order of receipt in front of those present.
28.2. It is checked whether the documents of the tenderers are missing and whether the bid letter and their provisional guarantees are in accordance with the procedures. Bidders whose documents are incomplete or which are not in accordance with the bid letter and the provisional guarantee are determined by the minutes. Bidders and bid prices are announced. The minutes prepared for these transactions shall be signed by the tender commission. At this stage; rejection or acceptance of any offer shall not be decided; Bids closed session to be evaluated immediately by the tender commission.
Article 29- Evaluation of Bids
29.1. In the evaluation of the tenders, it is decided that the bids of the tenderers identified in the first session shall be excluded from the evaluation according to the Article 28 of this Specification, in which the documents are incomplete or the letter of bid and the preliminary guarantee are not in accordance with the procedure. However, provided that there is a lack of documents or insignificant information in the documents provided that the documents are not qualified to change the basis of the proposal, it is requested in writing to complete this missing document or information from the tenderers within the determined period. Bidders who do not complete the missing documents or information within the specified period are excluded from the evaluation.
29.2. A detailed evaluation of the proposals, whose documents are complete, and the letter of bid and the preliminary guarantee are in accordance with the procedure, shall be evaluated. At this stage, it is determined whether or not the bidders comply with the criteria that determine the capacity of the tenderers to perform the work subject to the tender and whether the bids are in compliance with the conditions specified in the tender document.
In the event that arithmetic errors are found in the bid letter and annex table showing the prices offered by the bidders, arithmetical errors shall be corrected by the tender commission by the tender commission on the basis of the unit prices offered by the bidders. The proposal made as a result of this correction is considered as the main tender of the bidder and this situation shall be notified to the tenderer in writing. The tenderer is deemed to have accepted this.
29.3. If it is understood that the same price is offered by more than one tenderer and these are the most economically advantageous offer, the most economically advantageous tender shall be determined and the tender shall be concluded by taking into account the following non-price factors:
29.3.1. He is a manufacturer who is willing,
29.3.2. The subject matter is the work experience certificate related to the tender and the amount is more willing (in this case the bidders will be given sufficient time to prepare the work experience certificate),
29.3.3.ISO 9001 or ISO / TS 16949 quality certificate
29.3.3. The OHSAS 18001 Occupational Health and Safety Management System Certificate.
29.4. At the end of the evaluation, the tenderer who gives the most economically advantageous tender is determined and the tender is left on this tender. However, in the event that the tender does not appear to be willing or if the proposed price is not at the level acceptable to the tender commission, the commission may proceed to the bargaining procedure or the tender shall be made by the method determined by the administration. In case the tender is converted into negotiation procedure, it is obligatory to keep the same qualifications and conditions specified in the specification.
29.5. By setting the reasoned decision of the tender commission, it provides for the approval of the contracting officer. Decisions shall include the names or trade names of the tenderers, the dates proposed, the date of the tender and the reasons on which the bid was made and the reasons for the tender.
29.6. The tenderer shall approve the tender decision within ten (10) days following the date of the decision or cancel it by explicitly stating the justification.
29.7. Procurement; in case of approval of the decision is valid and, if canceled, shall be deemed null and void.
29.8. The result of the tender shall be notified to the tenderers, who are not held on the tender, by mailing or notifying their notification addresses.
29.9. The Administration is free to reject all tenders and cancel the tender.
Article 30 - Invitation to the Convention
On the date of notification, the bidder shall sign the contract by giving the final guarantee within ten (10) days following the date of the notification, shall be notified by the Contracting Entity through the signature of the tenderer or shall be notified by registered mail with the registered mail address to the notification address. The seventh (7.) Day following the mailing of the letter is the date of notification to the tenderer. If deemed appropriate by the Contracting Entity, ten (10) days may be added to this period.
Article 31 - Performance Performance
Before the contract is signed by the tenderer, the final guarantee is obtained at the rate of% 6 by calculating the tender price.
Article 32- Duty and responsibility of the tenderer for the contract
32.1. The bidder shall be obliged to certify that the 10 of this Specification is not in the cases referred to in subparagraphs (a), (b), (c), (d), (e) and (g) of the Specification and the performance bond 30. Article in the period of the contract is obliged to sign. The bid bond will be returned immediately after the contract is signed.
32.2. If these requirements are not complied with, the preliminary guarantee of the tenderer who remains on the tender without any protest and provision is recorded as income.
Article 33- Contract to the contract
33.1. The contract prepared by the Contracting Entity in accordance with the conditions stated in the tender document is signed by the contracting authority and the contractor.
33.2. In accordance with the relevant legislation of the contract, the tax payable (excluding VAT), duties and charges and other contract expenses shall be borne by 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. All payments to be made to the Contractor regarding the procurement / work related to the tender shall be made by TÜLOMSAŞ Financial Affairs Department.
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. With the approval of the administration, the price of the material delivered early is paid in the contract term.
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)
Starting from the date of signature of the contract, the delivery period will come into force and work will start. Starting from this date, the first batch 70 will be delivered on 30 days, the second party 70 will be delivered in September 2012, the remaining 60 will be delivered in December 2012 with EN 10204 / 3.1 certificates. Alternative delivery times will be evaluated by the bidders. However, an alternative delivery time for the delivery of up to a maximum of 50 at the rate of% XNUMX mentioned above may be considered. Deliveries to be made earlier than the stated delivery time are possible if the Administration deems it appropriate.
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. In order to be able to accept the cases mentioned above as force majeure and give extension,
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) The Contractor shall notify the Contracting Entity in writing within twenty (20) days following the date of the Force Majeure.
e) Certification by competent authorities is mandatory.
38.3. In addition, the Administration does not fulfill its obligations regarding the performance of the contract (such as place delivery, approval of projects and work program, lack of appropriation) and therefore the delays not belonging to the contractor to be responsible, the obstacle to the fulfillment of the commitment, and the power of the contractor to eliminate this obstacle. if found; the situation may be extended by a period of time, depending on the nature of the work and the nature of the work to be done.
Article 39 - Penalties to be taken in case of delay
39.1. If the goods / work is not delivered on time, except for the time extension due to force majeure conditions, the Contracting Entity shall be subject to a delay penalty of% 0,1 (one thousandth) over the amount of the material delivered late for the payments to be made to the Contractor for each calendar day. This delay may not exceed the 1 / 3 of the delivery time specified in the contract. However, if the contractor is deemed appropriate upon the request of the Contractor, in addition to the penalty period 1 / 3, the suspension period may be given.
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. If this penalty is not met by the payments, the Contractor shall be charged separately.
39.4. In case of not delivering the material / work despite the periods mentioned above, the termination clauses of the contract shall be put into force.
Article 40- Acceptance, delivery, inspection, acceptance and conditions
40.1. Delivery, delivery and conditions:
The subject of the procurement shall be delivered to the place specified in the specification, including transportation, unloading and stowage, where it shall be received by a member of the Administration, but the responsibility of the contractor shall continue until the inspection and acceptance of the material is completed.
If a part of the material has been delivered within its duration and it is possible to use it independently of this section, the Administration is free to accept the received material and to pay the price.
40.2. Inspection and acceptance of the shape and conditions:
The conditions for the conditions of inspection and acceptance are specified in the technical specifications and the draft contract.
Article 41 - Warranty, maintenance and repair issues
..................................................................... ..
Article 42- Dispute Resolution
42.1. Conflicts in the process until the signing of the contract to come into force will be subject to litigation in Administrative Jurisdiction without prejudice to Administrative rights.
42.2. In the case of disputes arising from the implementation of the contract, the provisions on this subject in the contract of employment shall apply.
Article 43- Other Matters
43.1. In respect of this tender, the Administration shall not be subject to the Laws 4734 and 4735, except for the prohibition clauses of penalties and tenders.
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; work, decision, interview, information transfer, common design, picture, process, treaty, method, business plans, programs, invention, R & D and prototype studies, including but not limited to any other kind of information sharing, Organization and 3. shall keep it confidential and confidential, in accordance with the provisions of confidentiality, good faith and official legislation, so as not to violate the rights and obligations of individuals; It shall not use in any way other than the purpose of execution of the contract and shall not disclose or publish any details of the Contract without the prior written consent of the Contracting Entity. Without prejudice to the decisions of the Turkish judicial authorities, the decision of the Administration on this matter shall be final if any dispute arises regarding any disclosure or publication requirement in accordance with the objectives of the Convention.
43.2.2. In case of any loss, loss of risk or loss of right due to the failure to fulfill this obligation, the Administration shall indemnify and compensate any losses incurred by the Contractor, including other rights (including deprived profits and missed opportunities).
1-U 240 PROFILE (L = 20,4 MT. -10 + 40 mm.) 200 PCS
DIN 1026, NORM: EN 10204 / 3.1. QUALITY: S355 J2
NOTE: Materials will be delivered with EN 10204 / 3.1 certificates.

Similar Ads

Be the first to comment