ISTANBUL SABAHATTIN ZAIM UNIVERSITY
TENDER REGULATION
PART ONE
General Provisions
Purpose and scope
ARTICLE 1 – (1) This Regulation has been prepared in accordance with the Regulation on Tenders of Foundation Higher Education Institutions published in the Official Gazette dated 16/11/2018 and numbered 30597, in order to determine the procedures and principles to be applied at Istanbul Sabahattin Zaim University to tenders for transactions such as the purchase and sale of goods and services, construction works, the purchase and sale of immovable property, leasing, letting, exchange and the establishment of limited rights in rem, as well as to purchases of goods and services to be made within the framework of funds provided by public institutions and organisations and international organisations for research and development projects.
Legal Basis
ARTICLE 2 – (1) This Regulation has been prepared on the basis of Higher Education Law No. 2547 dated 4/11/1981 and the Regulation on Tenders of Foundation Higher Education Institutions published in the Official Gazette dated 16/11/2018 and numbered 30597.
Definitions
ARTICLE 3 – (1) In this Regulation;
a) Candidate refers to natural or legal persons applying for prequalification, or the joint ventures they form,
b) Service refers to maintenance and repair, transport, landscaping and environmental maintenance, translation, communications, insurance, research and development, accounting, market research and surveys, legal services, consultancy, promotion, printing and publishing, cleaning, catering and food distribution, accommodation, meetings, event organisation, exhibition, protection and security, vocational training, photography, film, intellectual and fine arts, computer system services, software services and similar services,
c) Tender refers to the transactions, carried out under the procedures and conditions set out in this Regulation, which indicate that works such as the purchase and sale of goods and services, construction, leasing, letting, exchange and the establishment of limited rights in rem have been awarded to one of the bidders, and which are completed by the signing of the contract following the approval of the tender authority,
ç) Tender document refers to the administrative specifications containing instructions to bidders, the technical specifications including the project for the work to be carried out, the draft contract and other necessary documents and information relating to the subject of the tender,
d) Tender procedures refers to the tender procedures set out in this Regulation,
e) Tender authority refers to the Board of Trustees of Istanbul Sabahattin Zaim University, or the administrator or officials of Istanbul Sabahattin Zaim University deemed appropriate by the Board of Trustees,
f) Bidder refers to natural or legal persons and joint ventures submitting bids to the tender,
g) Leasing refers to Istanbul Sabahattin Zaim University acting as the lessee party to a lease agreement,
ğ) Letting refers to Istanbul Sabahattin Zaim University acting as the lessor party to a lease agreement,
h) Goods refers to all kinds of supplies purchased, together with movable and immovable property and rights,
ı) Board of Trustees refers to the Board of Trustees of Istanbul Sabahattin Zaim University,
i) Travel purchases refers to transactions such as transport, accommodation, representation/hospitality and similar arrangements for domestic and international travel exclusively related to the educational and instructional activities of Istanbul Sabahattin Zaim University,
j) Establishment of limited rights in rem refers to the establishment of rights in rem other than ownership set out in Turkish Civil Code No. 4721 dated 22/11/2001,
k) Contract refers to the written agreement concluded within the scope of this Regulation,
l) Specification refers to the documents setting out the general, special, technical and administrative procedures and principles of the work to be carried out,
m) Estimated cost refers to the previously estimated cost of the works subject to the tender,
n) Tariff-based purchases refers to purchases that can be made according to a specific tariff, such as electricity, water, natural gas, telephone, data and internet services,
o) Exchange refers to the transactions set out in the articles of Turkish Code of Obligations No. 6098 dated 11/1/2011 concerning exchange,
ö) University refers to Istanbul Sabahattin Zaim University,
p) Construction refers to all kinds of construction works and the related installation, manufacturing, preparatory work, transport, completion, repair, restoration, landscaping, drilling, demolition, reinforcement and assembly works and similar construction works,
r) Contractor refers to the bidder awarded the tender and with whom a contract has been signed,
shall have the meanings set out above.
Fundamental principles
ARTICLE 4 – (1) Under this Regulation, the University is obliged to ensure transparency, competition, equal treatment, reliability, confidentiality, public oversight, the timely fulfilment of needs under appropriate conditions, and the efficient use of resources in its tenders.
(2) No tender may be held that contravenes Article 28 of the Regulation on Foundation Higher Education Institutions published in the Official Gazette dated 31/12/2005 and numbered 26040.
(3) Except for turnkey construction tenders, the procurement of goods, the procurement of services and construction works may not be tendered together unless there is an acceptable natural connection between them.
(4) Works constituting the subject of a tender may not be divided into parts for the purpose of remaining below the limits set out in this Regulation.
Qualification rules for participation in tenders
ARTICLE 5 – (1) In line with the fundamental principles set out in Article 4, the University requests from bidders the information and documents needed to determine their economic and financial standing and their professional and technical competence.
Estimated cost
ARTICLE 6 – (1) The estimated cost of works subject to tender under this Regulation is determined by the University or on its behalf. Depending on the nature of the work, this cost or the prices to be used in its calculation may be ascertained from bodies such as the municipality, chamber of commerce, chamber of industry or the stock exchange, or from experts. In transactions involving the purchase, sale, leasing, letting or exchange of immovable property or the establishment of limited rights in rem, the valuations set out in appraisal reports prepared, without any restriction and in accordance with Capital Markets Board (CMB) legislation, by real estate appraisal companies licensed by the Capital Markets Board are taken as the basis for determining the estimated cost. The estimated cost is set out in a calculation record to which its supporting documents are attached, and is kept among the tender documents. This cost is verified by the tender commissions when necessary. However, if, in determining the estimated cost of construction works, unit prices have been set by the relevant public institutions on the basis of authority granted by law for such works, these are used. The estimated cost is not included in tender and prequalification announcements. It is not disclosed to bidders or to other persons who have no official connection with the tender process.
Commissions
ARTICLE 7 – (1) The tender authority appoints commissions to be formed under the chairmanship of one of the University's officials with the participation of at least two persons who must be experts in the work subject to the tender. It is mandatory to establish a tender commission for carrying out the procedures of the tender process, and an inspection and acceptance commission for inspection and acceptance procedures.
(2) As many staff and experts as necessary may also be appointed to assist the commissions, provided that they do not take part in the tender decisions.
(3) Commissions convene with the full number of members. Commission decisions are taken by majority vote. In the event of a tie, the side on which the chairperson votes is deemed to constitute the majority. Members may not abstain in decisions. A member voting against a decision must write the grounds for the dissenting vote beneath the decision and sign it. The chairperson and members of the commission are responsible for their votes and decisions.
Tender transaction file
ARTICLE 8 – (1) A transaction file is compiled for each work to be tendered. This file contains all documents relating to the tender process, such as the approval document obtained from the tender authority and the attached calculation sheet of the estimated cost, the tender document, the texts of announcements, the applications or bids submitted by candidates or bidders and other documents, and the minutes and decisions of the tender commission.
Approval document
ARTICLE 9 – (1) An approval document is prepared for each work to be tendered. The approval document specifies the type, nature and quantity of the work subject to the tender, its project number if any, its estimated cost, the available budget amount, the conditions for any advance payment, the procedure to be applied in the tender, the text of the announcement and the amount of the bid bond. The approval document also indicates the price of the specifications and their annexes.
(2) The tender process begins with the approval of the tender approval document by the tender authority and ends with the signing of the contract by the parties or with the cancellation of the tender.
Announcement
ARTICLE 10 – (1) The University is obliged to publish an announcement before going to tender. A reasonable period allowing all bidders to prepare their bids, depending on the tender procedure and the nature of the work, is set by the tender authority between the announcement and the tender date. This period may not be less than 7 days.
(2) Tenders are announced in a manner ensuring publicity, in one of the local newspapers published in the place where the tender is held and on the University's official website, in a separate section designated for tender announcements. Announcements published on the website are not removed from the site until the time of the tender. Announcements are not mandatory for purchases made under the direct procurement and negotiated procedures.
(3) The following matters must be specified in the announcements:
a) The nature, location and quantity of the work subject to the tender.
b) Where and under what conditions the specifications and their annexes may be obtained.
c) Where, on what date and at what time, and under which procedure the tender will be held.
ç) The amount of the bid bond.
d) The documents required from bidders.
e) By what date and time and to where bids are to be submitted.
(4) Announcements that do not comply with the provisions of this Article are invalid. In such a case, the tender may not be held unless the announcement is repeated. If the invalidity of the announcements is discovered after the tender has been held, the tender or the contract is terminated.
(5) No announcement may be published before the tender/prequalification document has been prepared.
(6) No changes may be made to the tender/prequalification document after the announcement has been published.
(7) Matters not specified in the tender/prequalification document may not be included in the announcement.
Tender/prequalification document
ARTICLE 11 – (1) The tender document contains the administrative specifications including instructions to bidders, the technical specifications including the project for the work to be carried out, the draft contract and other necessary documents and information. The prequalification document sets out the conditions sought in candidates, the prequalification criteria and other necessary documents and information.
(2) The tender and prequalification documents may be examined free of charge at the University. However, bidders wishing to take part in the prequalification or the tender must obtain these documents. The price of the document is determined and announced by the University in a manner that does not exceed the cost of printing and does not hinder competition. The document fee is paid only into the bank account specified in the announcement, stating the bidder's name and title, the name of the tender and its number, if any.
Those who may not participate in tenders
ARTICLE 12 – (1) The following persons may not participate, directly or indirectly or as subcontractors, on their own behalf or on behalf of others, in tenders held under this Regulation:
a) Those responsible for preparing, conducting, concluding and supervising the works and transactions covered by this Regulation.
b) Those who have been temporarily or permanently barred from participating in public tenders by foundation higher education institutions or by court decision pursuant to Public Procurement Law No. 4734 dated 4/1/2002, this Regulation and provisions of other laws, as well as those convicted of offences falling within the scope of Anti-Terror Law No. 3713 dated 12/4/1991, of organised crime, or of bribing public officials in their own country or in a foreign country.
c) Those declared to be fraudulently bankrupt by the relevant authorities.
ç) Those who, having previously been awarded work at the University, were unwilling to conclude a contract in accordance with the procedure, those who withdrew from their undertaking after the contract was signed, and those found not to have fulfilled their undertakings in accordance with the provisions of the contract and specifications, other than for reasons of force majeure.
(2) Contractors providing consultancy services for the work subject to a tender may not participate in the tender for that work. Likewise, the contractors of the work subject to a tender may not participate in tenders for consultancy services for that work.
(3) The prohibitions listed in the first and second paragraphs also apply to the partners of these persons, to companies with which they have a partnership or management relationship – excluding joint-stock companies in which the shareholding is less than 10% and companies in which the University is the controlling shareholder pursuant to Turkish Commercial Code No. 6102 dated 13/1/2011 – and to companies in which such companies hold more than half of the capital.
(4) Bidders who participate in a tender despite the prohibitions set out in this Article are excluded from the tender. Their bid bonds are recorded as revenue. Furthermore, if the tender has been awarded to one of them because this situation could not be detected during the evaluation of bids, the tender is cancelled and their bond is recorded as revenue.
Specifications
ARTICLE 13 – (1) In tenders, administrative and technical specifications setting out all the features of the work subject to the tender are prepared. The technical criteria for the work subject to the tender are included in the technical specifications, which form part of the tender document. The technical criteria to be determined must be aimed at ensuring efficiency and functionality, must not contain elements that hinder competition, and must ensure equal opportunity for all bidders.
Subcontractors
ARTICLE 14 – (1) Where deemed necessary due to the nature of the work subject to the tender, bidders may be asked to state at the tender stage the works they intend to have carried out by subcontractors, and to submit the list of subcontractors for the University's approval before signing the contract. However, in this case, the subcontractors' responsibility for the work they carry out does not remove the responsibility of the contractor.
PART TWO
Procurement of Goods and Services, Acquisition of Limited Rights in Rem, Leasing and Construction Works
Tender procedures
ARTICLE 15 – (1) One of the following is applied in tenders for the procurement of goods and services and for construction works carried out by the University: the open tender procedure, the restricted tender procedure, or the negotiated procedures.
(2) As a rule, the open tender procedure is applied in tenders relating to the procurement of goods and services and to construction works.
(3) The total of the procurement of goods and services and construction works to be carried out through the negotiated procedure set out in subparagraph (c) of the first paragraph of Article 18 and through direct procurement set out in subparagraph (ç) of the first paragraph of Article 19 may not exceed 10% of the University's total budget expenditure for the relevant year. This limit may be increased to up to 15% by a reasoned decision of the Board of Trustees demonstrating that it will produce a result in favour of the University.
Open tender procedure
ARTICLE 16 – (1) The open tender procedure is the procedure in which all bidders may submit bids.
Restricted tender procedure
ARTICLE 17 – (1) The restricted tender procedure is the procedure in which bids may be submitted by bidders invited by the University as a result of a prequalification assessment. Tenders for the procurement of goods and services and for construction works in which the open tender procedure cannot be applied because the nature of the work requires expertise and/or advanced technology may be conducted under this procedure.
(2) The prequalification criteria and conditions to be set for assessing the financial and technical capacity of candidates are specified in the prequalification announcement, which is published at least seven days before the final application date.
(3) Provided that it is stated in the prequalification announcement and document, either a specified number of bidders placed on a list by ranking those found to be qualified according to the criteria set out in the document, or all bidders found to be qualified, may be invited to submit bids. Those not invited to submit bids are notified in writing of the reasons why they were not invited. If the number of bidders to be invited to the tender is fewer than three, or the number of bidders submitting bids is fewer than two, the tender is cancelled.
(4) All documents required as a condition of participation in the prequalification are submitted to the University in accordance with the procedures and principles set out in the first and second paragraphs of Article 20.
Negotiated procedure
ARTICLE 18 – (1) A tender may be conducted under the negotiated procedure in the following cases:
a) Where no bids are received as a result of a tender conducted under the open tender procedure or the restricted tender procedure.
b) Where it is necessary to conduct the tender urgently due to force majeure such as natural disasters or epidemics, or to sudden and unexpected events such as the risk of loss of life or property.
c) The University's procurement of goods and services and construction works whose estimated cost does not exceed the amount corresponding to six hundred and sixteen thousand seven hundred and forty-eight TL of the total expenditure of the previous accounting period, updated annually according to the CPI rate.
ç) Works such as the purchase or leasing of movable and immovable property and the establishment of limited rights in rem which, due to the particular nature of their use and the special benefit they will provide to the University, cannot be obtained through another tender procedure.
(2) An announcement is not mandatory under the negotiated procedure. Except where no announcement is made and in the cases set out in subparagraph (ç) of the first paragraph, at least three bidders are invited and asked to submit their qualification documents and written price bids together. The tender commission also holds discussions with each bidder individually. Following these discussions, the tender commission obtains from each bidder the final written price bids that will form the basis of the tender decision, and the tender is concluded. The manner in which the negotiation was conducted, the bids submitted and the reason for choosing the bidder awarded the tender are set out in the negotiation decision. In procurements of goods made under this paragraph, signing a contract and obtaining a performance bond are not mandatory.
(3) In tenders conducted under subparagraphs (a) and (c) of the first paragraph, bidders whose qualifications have been established according to the evaluation criteria set out in the tender document first submit their initial bids, which do not include a price, on matters such as the technical details and implementation methods of the work subject to the tender. The tender commission holds discussions with each bidder on the methods and solutions that will best meet the University's needs and obtains their initial price bids. Following these discussions, final written price bids not exceeding the initial price bids are obtained from the bidders to form the basis of the tender decision, and the tender is concluded.
(4) In works to be carried out pursuant to subparagraph (ç) of the first paragraph, if a current market value has been appraised or determined by the competent authorities or by the courts, this value is accepted as the estimated cost. Otherwise, negotiations are conducted on the basis of the estimated cost to be determined in accordance with Articles 6 and 7. The estimated cost is kept confidential during the negotiations.
Direct procurement
ARTICLE 19 – (1) The direct procurement procedure may be used to meet needs without an announcement and without obtaining a bond in the following cases:
a) Where it is established that the need can be met only by a single natural or legal person.
b) Where goods and services that are essential for ensuring compatibility and standardisation with existing goods, equipment, technology or services are purchased from the natural or legal person from whom the initial purchase was made, under contracts based on the original contract that do not exceed 20% of the original contract value and whose total duration does not exceed three years.
c) Purchases of medicines, vaccines, serums, antisera, blood and blood products which, due to their nature and the requirement that they be used within a certain period, are not economical to stock or which are to be used in emergencies, as well as of patient-specific medical consumables that can be determined according to the patient during application, such as orthoses and prostheses, and of test and examination consumables.
ç) The University's procurement of goods and services, tariff-based purchases and travel purchases whose estimated cost does not exceed the amount corresponding to three hundred and eight thousand three hundred and seventy-four TL of the total expenditure of the previous accounting period, updated according to the CPI rate.
(2) In purchases made under this Article, needs are met by conducting a market price survey and recording it in a report, carried out by the person or persons to be appointed by the tender authority, without any obligation to establish the commissions set out in Article 7 or to seek the qualification conditions set out in Article 5.
Preparation and submission of bids
ARTICLE 20 – (1) All documents required as a condition of participation in the tender, including the bid letter and the bid bond, are placed in an envelope. The bidder's name and surname or trade name, the full address for service of notice, the work to which the bid relates, and the name and full address of the University holding the tender are written on the envelope. The sealed flap of the envelope is signed and stamped by the bidder. Bid letters are submitted in written and signed form. The bid letter must state that the tender/prequalification document has been read and accepted in full, must set out the bid price clearly in figures and in words in a mutually consistent manner, must be free of erasures, deletions and corrections, and must be signed by authorised persons with their name and surname or trade name written on it.
(2) Bids are submitted to the University in return for sequentially numbered receipts by the tender time specified in the tender/prequalification document. Bids submitted after this time are not accepted and are returned unopened. Bids may also be sent by registered mail with return receipt. Bids sent by post must arrive by the tender time specified in the tender/prequalification document. The time of receipt of bids that will not be processed due to delays in the post is recorded in a report.
(3) Bids submitted may not be withdrawn or amended for any reason.
(4) The period of validity of bids is specified in the tender/prequalification document.
(5) In procurements carried out through negotiation and direct procurement procedures, the letter of bid and all documents required as a condition for participation in the tender may be obtained by electronic means.
(6) The University may, by decision of the Board of Trustees, establish or participate in electronic procurement systems in which bidders meeting certain conditions are admitted to the system and may submit their bids electronically.
Bid bond
ARTICLE 21 – (1) In tenders, a bid bond of not less than 3% and not more than 6% of the bid price offered shall be collected from bidders. Provided that it is stated in the tender documents, collecting a bid bond is not mandatory.
Evaluation of bids
ARTICLE 22 – (1) At the hour specified in the tender/prequalification documents, the tender commission shall determine by minutes how many bids have been submitted, announce this to those present, and commence the tender immediately. The tender commission shall examine the bid envelopes in the order in which they were received. Envelopes that do not comply with the first paragraph of Article 20 shall be identified by minutes and shall not be taken into evaluation. The envelopes shall be opened in the order of receipt in the presence of the bidders and other attendees.
(2) It shall be checked whether the bidders' documents are complete and whether their letters of bid and bid bonds are in due form. Bidders whose documents are incomplete or whose letter of bid or bid bond is not in due form shall be identified by minutes. The bidders, the bid prices and the estimated cost shall be announced. The minutes drawn up regarding these procedures shall be signed by the tender commission. At this stage, no decision shall be taken to reject or accept any bid, and the documents constituting a bid may not be corrected or completed. The session shall be closed so that the bids may be evaluated by the tender commission without delay.
(3) A decision to exclude from evaluation the bids of bidders determined, pursuant to the first and second paragraphs, to have incomplete documents or a letter of bid or bid bond not in due form shall be taken as a priority in the first session. However, where there is a deficiency in information and/or documents of a nature that does not affect the substance of the bid, the bidders shall be requested in writing to complete such missing information and/or documents within the period determined by the University. Bidders who fail to complete the information and/or documents within the specified period shall be excluded from evaluation and their bid bonds shall be recorded as revenue.
(4) As a result of this initial evaluation and these procedures, a detailed evaluation shall be undertaken of the bids of bidders whose documents are complete and whose letter of bid and bid bond are in due form. At this stage, it shall be examined whether the bidders comply with the qualification criteria determining their capacity to perform the work subject to the tender and whether the bids comply with the conditions set out in the tender/prequalification documents. The bids of bidders determined not to comply shall be excluded from evaluation.
(5) After evaluating the bids submitted, the tender commission shall identify those whose bid price is abnormally low in comparison with the other bids or with the estimated cost determined by the University. Before rejecting such bids, it shall request in writing, within the period it determines, details from the bidders concerning the components it has identified as significant in the bid. As a result of this evaluation, the bids of bidders whose explanations are not deemed sufficient or who fail to provide a written explanation shall be rejected.
Decision on and approval of the tender
ARTICLE 23 – (1) As a result of the evaluation carried out pursuant to Article 22, the tender shall be awarded to the bidder submitting the most economically advantageous bid.
(2) The most economically advantageous bid shall be determined solely on the basis of price, or by also taking into account non-price factors such as operating and maintenance costs, cost effectiveness, productivity, quality and technical merit alongside price. In tenders where the most economically advantageous bid is to be determined by also taking non-price factors into account, the monetary values or relative weights of these factors shall be specified in the tender/prequalification documents.
(3) In tenders where the lowest price is regarded as the most economically advantageous bid, if it is established that the same price has been offered by more than one bidder and that these constitute the most economically advantageous bid, the most economically advantageous bid shall be determined by taking into account the non-price factors specified in the second paragraph, and the tender shall be concluded accordingly.
(4) The tender commission shall issue its reasoned decision and submit it for the approval of the tender authority. The decisions shall state the names or trade names of the bidders, the prices offered, the date of the tender, the bidder to whom and the grounds on which the tender was awarded, and, if the tender was not awarded, the reasons therefor.
(5) The tender authority shall approve the tender decision within no later than five working days following the date of the decision, or shall cancel it by clearly stating the grounds.
(6) The tender shall be deemed valid if the decision is approved and null and void if it is cancelled.
(7) The outcome of the tender shall be notified to all bidders who submitted a bid, including the successful bidder, within no later than three working days following the day on which the tender decision was approved by the tender authority. The notification of the tender outcome shall also state the grounds on which bids were not taken into evaluation or were found not to be acceptable. Where the tender decision is cancelled by the tender authority, the bidders shall likewise be notified with a statement of the grounds.
(8) A contract may not be signed until three working days have elapsed from the notification of the tender outcome to all bidders.
(9) Within three working days from the day following the expiry of the period specified in the eighth paragraph, the successful bidder shall be notified that it must sign the contract by providing the performance bond within ten working days following the date of notification.
Performance bond
ARTICLE 24 – (1) In order to ensure that the undertaking is performed in accordance with the provisions of the contract and the tender/prequalification documents, a performance bond of up to 6%, calculated on the tender price, shall be collected from the successful bidder before the contract is concluded. Provided that it is stated in the tender documents, collecting a performance bond is not mandatory.
Duties and responsibilities of the parties in concluding the contract
ARTICLE 25 – (1) The successful bidder is obliged to sign the contract by depositing the performance bond. The bid bond shall be returned immediately after the contract is signed. If these obligations are not complied with, the bid bond of the successful bidder shall be recorded as revenue without any need for protest or a court ruling. In this case, the University may, provided that the tender authority deems it appropriate, sign a contract with the bidder submitting the second most economically advantageous bid in accordance with the provisions set out in these Regulations. However, in order for a contract to be signed with the bidder submitting the second most economically advantageous bid, notification shall be served on that bidder in the manner set out in the ninth paragraph of Article 23 within three days following the expiry of the ten-day period specified in that paragraph. If the bidder submitting the second most economically advantageous bid likewise fails to sign the contract, that bidder's bid bond shall also be recorded as revenue and the tender shall be cancelled.
(2) The University is obliged to perform the duties incumbent upon it in respect of concluding the contract within the periods stated in the first paragraph and in accordance with Article 23. If the University fails to fulfil this obligation, the bidder may withdraw from its undertaking, provided that it gives notice by means of a ten-day notarial notification within no later than five working days from the day following the expiry of the period. In this case, the bid bond shall be returned and the bidder shall be entitled to claim the documented expenses it incurred in providing the bond. Such loss shall be indemnified by those who caused it.
Inspection and acceptance procedures
ARTICLE 26 – (1) The inspection and acceptance procedures for the goods, services or works delivered or performed shall be carried out by an inspection and acceptance commission to be established by the tender authority. The inspection and acceptance commission shall examine whether the goods and services procured and the works performed comply with the qualities set out in the tender documents.
PART THREE
Sales of Goods and Services and the Sale, Leasing and Exchange of Immovable Property, and
the Establishment of Limited Rights in rem and Similar Transactions
Tender procedures
ARTICLE 27 – (1) In tenders relating to the University's sales of goods and services and to transactions such as the sale, leasing and exchange of immovable property and the establishment of limited rights in rem, one of the following procedures shall be applied: the sealed bid procedure, the open bid procedure, or the negotiation procedure.
(2) In tenders, it is essential to apply the sealed bid procedure, which ensures that bids are submitted confidentially, or the open bid procedure. The tender authority shall decide which of these two procedures is to be applied.
Sealed bid procedure
ARTICLE 28 – (1) Under the sealed bid procedure, bids shall be submitted in writing. After the letter of bid has been placed in an envelope and sealed, the bidder's name, surname and the full address to be used for notification shall be written on the envelope. The sealed flap of the envelope shall be signed and stamped by the bidder. This envelope shall be placed in a second envelope together with the receipt for the bid bond and the other documents required, and sealed. The bidder's name and surname, full address and the work to which the bid relates shall be written on the outer envelope.
(2) Letters of bid must be signed by the bidder, must state that the specifications and their annexes have been read and accepted in full, and must set out the price offered clearly in both figures and words. Bids that do not comply with any of these requirements or that contain erasures, deletions or corrections shall be rejected and deemed never to have been submitted.
(3) Bids shall be submitted to the University against sequentially numbered receipts by the hour stated in the announcement. The receipt number shall be written on the envelope. Bids may also be sent by registered mail with return receipt. In this case, the name and address of the University, the work to which the bid relates, and the bidder's name, surname and full address shall be written on the outer envelope, addressed to the tender commission. Bids sent by post must reach the University by the hour stated in the announcement. The time of receipt of bids that will not be processed due to a postal delay shall be established by minutes. Bids submitted to the tender commission may not be withdrawn for any reason.
(4) When the hour for opening the bids arrives, and after the number of bids submitted has been recorded in minutes, the outer envelopes shall be opened in the order of receipt in the presence of the bidders present, and it shall be checked whether the required documents and the bid bond have been submitted in full. The receipt sequence number on the outer envelope shall also be written on the inner envelope. The inner envelopes containing the letters of bid of bidders whose documents and bond are not in due form and complete shall not be opened and shall be returned, without further processing, together with the other documents, to those bidders or their representatives. Such bidders may not participate in the tender.
(5) Before the inner envelopes containing the letters of bid are opened, all persons other than those participating in the tender shall be asked to leave the tender room. Thereafter, the envelopes shall be opened in numerical order and the bids shall be read out by the commission chair or read out on the chair's instruction, and a list shall be drawn up. This list shall be signed by the chair and the members of the commission. Letters of bid that do not comply with the specifications, that contain other conditions, or that do not comply with the second paragraph shall not be accepted.
(6) In upward-bidding tenders conducted under the sealed bid procedure, the tender shall be concluded by obtaining a final bid, either orally or in writing, from the bidders present at the session, which may not be below the highest valid bid.
Open bid procedure
ARTICLE 29 – (1) Tenders conducted under the open bid procedure shall be carried out by bidders submitting their bids in writing to the tender commission. In subsequent rounds, bids shall be taken orally. However, bidders may also send bids drawn up in accordance with the provisions of Article 20 by registered mail with return receipt, provided that these reach the University by the hour of the tender stated in the announcement. If the bidder is not present before the commission, the bid sent by post shall be accepted as the final and definitive bid.
(2) When the hour of the tender stated in the announcement arrives, the commission chair shall examine the bidders' documents and whether they have provided a bid bond, and shall announce who may participate in the tender. It shall be decided that the documents and bonds of those who may not participate be returned to them. These procedures shall be established by minutes in the presence of the bidders. After the minutes, those who may not participate in the tender shall be asked to leave the tender venue. The remaining bidders shall be invited first to sign the specifications and then to state their bids in turn. The bids submitted shall be recorded on the tender's bidding sheet and signed by the bidders.
(3) After the initial bids have been established in this manner, the commission chair shall have any bids received by post read out and ensure that these bids are also recorded on the tender's bidding sheet. Thereafter, the bidders shall continue to submit bids in turn. Where bidders withdraw from the tender, this shall be recorded on the tender's bidding sheet and their signatures obtained. If the person concerned refuses to sign, this shall also be noted. Those who withdraw from the tender may not submit further bids. If, while bids are being submitted, it becomes apparent that the reductions or increases being offered will prolong the proceedings, the bidders shall be asked to state their final bids in writing before the commission. Those who have previously withdrawn from the tender may not submit a written bid at this stage.
Negotiated procedure
ARTICLE 30 – (1) A tender may be conducted under the negotiation procedure in the following cases:
a) Where no bid is received as a result of a tender conducted under the sealed bid procedure or the open bid procedure.
b) The sale of goods that are perishable, hazardous to store, or whose storage costs are high in proportion to their value or to the benefit to be gained by waiting.
(2) In tenders conducted under the negotiation procedure, at least two bidders shall be invited and requested to submit their price bids in writing. The tender commission shall also hold discussions with each bidder. Following these discussions, the tender commission shall ask each bidder to submit its final price bid, which shall form the basis of the tender decision. The tender shall be concluded upon receipt of the final written price bids.
(3) The manner in which the negotiation was conducted, the bids submitted, and the reasons why the successful bidders were preferred shall be set out in the negotiation decision.
(4) In exchange transactions involving immovable property, the valuations set out in appraisal reports prepared by real estate appraisal companies licensed by the Capital Markets Board (CMB), in accordance with CMB legislation and without any restriction, shall be taken as the basis. In such cases, the difference between the values of the immovable properties subject to exchange may not exceed 10%.
Determination of the appropriate price
ARTICLE 31 – (1) In tenders relating to the University's sales of goods and services and to transactions such as the sale, leasing and exchange of immovable property and the establishment of limited rights in rem, the contract shall be signed with the bidder offering the appropriate price.
(2) In upward-bidding procedures, the appropriate price is the highest of the prices offered, provided that it is not below the estimated price.
(3) In downward-bidding procedures, the appropriate price is the price deemed preferable among those offered, provided that it does not exceed the estimated price. The grounds demonstrating that the preference is in the University's favour shall be stated in the decision.
(4) In tenders conducted under the sealed bid procedure, the appropriate price is the price deemed preferable among those offered, provided that it is not below the estimated price. The grounds for the preference shall be stated in the decisions.
(5) The criteria to be used in selecting the appropriate price, together with the maximum amounts or rates of reduction to be accepted in downward-bidding procedures, shall be established in the tender documents on the basis of the nature, type and quantity of the work, unit prices, time of payment, and other matters relating to the bidder's technical and financial capacity of a similar kind.
Bid bond
ARTICLE 32 – (1) A bid bond not exceeding 6% of the estimated price shall be collected from bidders. Provided that it is stated in the tender documents, collecting a bid bond is not mandatory.
Decision on and approval of the tender
ARTICLE 33 – (1) Decisions taken by tender commissions shall be signed with the names, surnames and principal duties of the commission chair and members stated. The decisions shall state the names and addresses of the bidders, the prices they offered, the date on which and the bidder to whom the tender was awarded and the grounds therefor, and, if the tender was not awarded, the reasons therefor.
(2) The tender authority shall approve the tender decision within no later than five working days following the date of the decision, or shall cancel it by clearly stating the grounds.
(3) The tender shall be deemed valid if the decision is approved and null and void if it is cancelled.
(4) The outcome of the tender shall be notified to all bidders who submitted a bid, including the successful bidder, within no later than three working days following the day on which the tender decision was approved by the tender authority. The notification of the tender outcome shall also state the grounds on which bids were not taken into evaluation or were found not to be acceptable. Where the tender decision is cancelled by the tender authority, the bidders shall likewise be notified with a statement of the grounds.
(5) A contract may not be signed until three working days have elapsed from the notification of the tender outcome to all bidders.
(6) Within three working days from the day following the expiry of the period specified in the fifth paragraph, the successful bidder shall be notified that it must sign the contract by providing the performance bond within ten working days following the date of notification.
Performance bond
ARTICLE 34 – (1) In order to ensure that the undertaking is performed in accordance with the provisions of the contract and the specifications, a performance bond not exceeding 6% of the tender price shall be collected from the successful bidder before the contract is concluded. Provided that it is stated in the tender documents, collecting a performance bond is not mandatory.
(2) If the successful bidder fails to comply with this obligation, the tender shall be annulled and its bid bond recorded as revenue, without any need for protest or a court ruling.
Duties and responsibilities of the parties in concluding the contract
ARTICLE 35 – (1) The successful bidder is obliged to sign the contract by depositing the performance bond. The bid bond shall be returned immediately after the contract is signed. If these obligations are not complied with, the bid bond of the successful bidder shall be recorded as revenue without any need for protest or a court ruling. In this case, provided that the tender authority deems the price offered appropriate, a contract may also be signed with the bidder submitting the second most favourable price bid in accordance with the procedures set out in these Regulations. However, in order for a contract to be signed with the bidder submitting the second most favourable price bid, that bidder shall be notified within three working days following the expiry of the ten-day period specified in the sixth paragraph of Article 33 that it must sign the contract by providing the performance bond. If the bidder submitting the second most favourable price bid likewise fails to sign the contract, that bidder's bid bond shall also be recorded as revenue and the tender shall be cancelled.
(2) The University is obliged, within the periods stated in the first paragraph, to perform the duties incumbent upon it in respect of concluding the contract, to complete the conveyance procedures in sales of immovable property, and to deliver the property sold to the successful bidder in accordance with the boundaries and characteristics set out in the specifications. If the University fails to fulfil this obligation, the bidder may withdraw from its undertaking, provided that it gives notice by means of a ten-day notarial notification within no later than five working days from the day following the expiry of the period. In this case, the bid bond shall be returned and the bidder shall be entitled to claim the documented expenses it incurred in providing the bond. Such loss shall be indemnified by those who caused it.
(3) Provided that it has paid the tender price, taxes, duties, charges and other expenses, the successful bidder is obliged to register the immovable property in its own name within the period stated in the specifications. Otherwise, no claim may be made against the University on account of any damage, loss, unlawful occupation or other reasons that may arise.
PART FOUR
Miscellaneous and Final Provisions
Cancellation of the tender
ARTICLE 36 – (1) The University may cancel the tender before the hour of the tender, stating its grounds, where it deems this necessary or where it is established that the documents included in the tender/prequalification documents contain matters that prevent the tender from being held and that cannot be rectified.
(2) In this case, the cancellation of the tender shall be announced immediately to the bidders with a statement of the reason for cancellation. Those who have submitted bids up to that stage shall also be notified separately of the cancellation of the tender. Where the tender is cancelled, all bids submitted shall be deemed rejected and shall be returned to the bidders unopened. No claim of any right may be made by bidders against the University on account of the cancellation of the tender.
(3) Where the tender is cancelled, the tender may be re-issued after the reasons for cancellation have been reviewed.
Prohibited acts and conduct
ARTICLE 37 – (1) The following acts or conduct are prohibited in tenders:
a) Rigging or attempting to rig the tender procedures by means of fraud, promises, threats, use of influence, provision of benefits, collusion, extortion, bribery or other means.
b) Causing bidders to hesitate, obstructing participation, proposing or encouraging collusive arrangements among bidders, or engaging in conduct that would affect competition or the tender decision.
c) Issuing or using forged documents or forged bonds, or attempting to do so.
ç) Submitting more than one bid in a tender by a bidder, directly or indirectly, on its own behalf or on behalf of others, in its own name or by proxy.
d) Participating in a tender despite being ineligible to do so under Article 12.
(2) Those who engage in such prohibited acts or conduct shall be excluded from the tender. If it is established after the contract has been signed that a prohibited act or conduct has occurred, the performance bond shall be recorded as revenue and the tender shall be liquidated in accordance with general provisions. The University shall adopt a Board of Trustees decision regarding the sanctions to be applied to those engaging in prohibited acts or conduct. Such decisions shall be announced by the University.
Conclusion of the tender by contract
ARTICLE 38 – (1) All tenders conducted under these Regulations, except those exempted, shall be concluded by a contract. Contracts prepared by the University shall be signed by an administrator with signing authority and by the contractor. Where the contractor is a joint venture, the contracts shall be signed by all partners of the joint venture. Unless otherwise stated in the tender/prequalification documents, notarial registration and certification of contracts is not mandatory. No contract may be drawn up that is contrary to the conditions set out in the tender/prequalification documents.
Assignment of the contract
ARTICLE 39 – (1) The contract may be assigned to another party with the written permission of the University. However, the conditions of the original tender shall be required of the assignees.
Bonds
ARTICLE 40 – (1) In tenders to be conducted under these Regulations, the assets to be accepted as bonds, other than Turkish currency in circulation, may be determined by the tender authority and shall be stated in the announcement.
Objection
ARTICLE 41 – (1) Candidates or bidders who claim that they have suffered a loss of rights or damage, or are likely to suffer damage, as a result of unlawful acts or actions during the tender process may lodge an objection with the University within five working days from the date on which the tender ended, on the grounds that the acts or actions during the tender process were unlawful.
(2) Upon the objection, the University shall carry out the necessary examination and adopt a reasoned decision within ten days. The decision adopted shall be communicated to the objecting party, to the other candidates or bidders and to prospective bidders within three days following the date of the decision. Except for applications concerning the announcement or the tender or prequalification documents, no notification shall be made to prospective bidders.
(3) Where an objection is lodged with the University, all work and procedures relating to the tender shall be suspended. No contract may be signed before the final date of notification of the decision adopted upon the objection or, if no decision is adopted within the prescribed period, before the date following the expiry of that period. Following an objection, the University may not sign a contract unless the tender authority approves that the tender procedures should continue on grounds of urgency and public interest. This reasoned approval to continue the tender procedures shall be communicated with due regard to the time required to ensure that it is served on the objecting bidder at least seven days before the contract is signed. If a contract is signed by the University without due notification, the tender decision and the contract shall be deemed null and void.
Matters not subject to the provisions of these Regulations
ARTICLE 42 – (1) The University;
a) from public administrations and the fixed-capital or revolving-fund institutions attached to such administrations and the unions established by special budget administrations,
b) from public economic enterprises and organisations more than half of whose capital belongs, individually or jointly, to the State, to public economic enterprises or to local administrations,
c) from foundations established for the purpose of strengthening the Turkish Armed Forces and from organisations, companies and institutions more than half of whose capital belongs to such foundations,
ç) from partnerships established by special law that have legal personality and that purchase, process, evaluate, improve and sell the products of their members or, in cases envisaged by law, of non-members, and that supply the tools and equipment required for production, and from the unions of such partnerships,
d) from organisations established by special laws that have legal personality and have been entrusted with a public duty,
e) from commercial enterprises whose capital belongs entirely to the University,
f) for subscriptions to digital and printed databases relating to education and training activities,
shall not be subject to the provisions of these Regulations in the procurements it makes; such procurements shall be carried out directly by determining an estimated price.
(2) The provisions of these Regulations shall not apply to sales made by the University's commercial enterprises or to sales of services produced during education and training activities, such as those of the health application and research centre.
Procurement of goods and services under research and development funds
ARTICLE 43 – (1) Procurements of goods and services to be carried out under funds provided by public institutions and organisations and by international organisations for research and development projects shall, provided that they fall within the University's field of activity, be carried out in accordance with the procedure to be determined within the framework of the protocol concluded with the institution/organisation providing the funds, on the basis of the purpose and amount of the fund allocation. Where the protocol contains no provision regarding the procurement of goods and services, the provisions of these Regulations shall apply.
Legislation to be applied in the event of conflict
ARTICLE 44 – (1) In the event of a conflict between the provisions of these Regulations and the provisions of the Regulations on Foundation Higher Education Institutions, the provisions of the Regulations on Foundation Higher Education Institutions shall apply.
Repealed regulation
ARTICLE 45 – (1) The Istanbul Sabahattin Zaim University Procurement and Tender Regulations, published in the Official Gazette dated 29/1/2013 and numbered 28543, have been repealed.
Entry into force
ARTICLE 46 – (1) These Regulations shall enter into force on the date of their publication.
Execution
ARTICLE 47 – (1) The provisions of these Regulations shall be executed by the Board of Trustees of Istanbul Sabahattin Zaim University.