Law No: 2886
Acceptance Date: September 8, 1983
With the Official Gazette and the Announcement: September 10, 1983 – Issue: 18161
5.T. Düstur, c.22 – p.
First part
General Principles
SCOPE
ARTICLE 1 – Purchasing, sale, service, production, rent, trampa, property, non -same right facility and transportation of the apartments including the general budget and the special administrations and municipalities with added budget shall be carried out in accordance with the provisions written in this Law.
How to carry out the above -mentioned works of the funds established by special laws and private laws or the authority given by private laws are prepared by the Ministry of Finance and the Council of Ministers.
PRINCIPLES
ARTICLE 2 – In the execution of this Law, it is essential that the needs are best met with appropriate conditions and timely and to ensure openness and competition in the tender.
Various works, which are mutat to be covered by other tenderers, cannot be collected in a decrease. However, the announcements can be made together by explaining that the tenders will be made separately.
In order to benefit from the cases written in this law, the works that constitute the subject of the tender cannot be divided into sections. However, it is possible to divide important jobs into sections, not to change the purchase forms if they are not willing.
The tenders are made in the seasons where the most affordable price according to the nature of the work is possible.
The tender cannot be awarded in construction works that have not been supplied, the ownership and expropriation procedures are not completed and that they do not have zoning status, exercise in type structures, hunting projects and discoveries based on them.
(Additional paragraph: 2990 – 2.3.1984) However, the requirement to provide land, to complete property and expropriation processes; It is not sought in tenders other than buildings and similar constructions.
Tender authority
Article 3 – The obedient supervisors of the administrations are authorized to have the works written in this law and the tender.
Definitions
Article 4 – In the implementation of this Law: Purchase, Sale: Movable and immovable property and all kinds of needs, purchase and sale of services and rights,
Service: Research, drilling, manufacturing, prototype manufacturing, prototype manufacturing, support, plan, plan, project, control, consultancy and consultancy and research All kinds of similar services,
Construction: All kinds of construction, description, manufacturing, drilling, installation, repair, demolition, replacement, improvement, renewal and assembly works,
Rent: Renting or rented by transported and immovable property and rights,
Informal Rights Facility of Trampa and Property: The procedures shown in the articles of the Turkish Civil Code and the provisions of the Turkish Civil Code related to the non -kind rights facility of the property,
Transport: loading, transportation, unloading, storage and packaging works,
The estimated price: the estimated price of the works subject to the tender and the discovery price in construction works,
Appropriate price: Increases, not less than the estimated price, the highest of the offered prices, not to exceed the estimated price in the subsitmeler, the preferable price is deemed to be seen, the costs proposed in the tenders that cannot be estimated.
ADMINISTRATION: The tender departments, institutions and organizations,
Willing: Real or legal or person participating in the tender,
Tender: In this Law, the procedures before the contract completed with the approval of the authorized authorities showing that someone to be selected among the tenderers in this law, with the procedures and conditions written in this law,
Contractor: Tendered or tenderers,
Customer: The willing or tenderers who tendered at the end of the increase,
Specification: Documents or documents showing the general, special, technical and administrative principles and procedures of the works to be done,
Contract: The written agreement between the administration and the contractor or the customer,
expresses.
Conditions to participate in the tender
Article 5 – In order to participate in the tenders to be made in accordance with this Law, it is compulsory to have a legal residence, to have the necessary quality and competence and to give the desired guarantees and documents.
Those who cannot participate in the tender
ARTICLE 6 – The following persons cannot directly or indirectly participate in tenders:
1. The administration that makes the tender;
A) ITA supervisors,
b) Those who are responsible for preparing, executing, concluding and supervising the tender procedures,
c) The spouses of the persons specified in paragraphs (a) and (b) and blood and sanitary relatives, up to the second degree (including second degree),
D) (Amended: 2990-2.3.1984-)-(A), (B) and (c) Partners of individuals (except for the joint stocks that these persons are not responsible for the board of directors)
2. Those who have been prohibited from participating in public tenders temporarily or continuously in accordance with the provisions of these laws and other laws.
Specifications
ARTICLE 7 – The specifications and annexes that indicate all the characteristics of the works subject to the tender are prepared by the administrations.
In addition to the nature of the work in these specifications, the following issues must be shown in addition to the special and technical conditions:
A) The quality, kind and amount of the work,
b) The sale of immovable property, rented, tramped, and according to the title deed records in the illegitimate right facility of the property on them, the limit, face measurement, if any, sheets, island and parcel number and status, if any,
c) The estimated price, the amount of bid bond and the conditions for the final collateral,
D) Place of work, delivery and delivery forms and conditions,
e) Date of starting and completing the work, penalties to be received in case of delay,
f) The conditions and documents sought in the tenderers,
g) whether the tender is free and the appropriate price is free to determine, h) The tender decision will be approved or canceled by ita supervisor within 15 working days from the date of decision.
i) Who will be paid by taxes, pictures and fees and contract expenses,
j) Whether or not can be given with the payment place and conditions, if it is to be given, the requirements and amount,
k) How to pay the price difference if paid due to changes in material or unit prices of the works subject to the contract,
l) Cases and conditions that can be extended for time,
m) In cases where it is beneficial to be completed before the duration of the work, the amount, conditions and payment of payment,
n) The solution of the conflicts.
General Principles of Specification
Article 8 – Council of Ministers:
a) To determine the general and common principles of type specifications,
b) It is authorized to identify general principles on the matters listed in Article 7 or other than these.
Second part
Tender transactions
First chapter
Preparing for the tender
Determination of the estimated price
ARTICLE 9 – The estimated price shall be identified or determined by the administrations. According to the characteristics of the work, this price or prices to be used in the account of this price are investigated from organizations or experts such as municipalities, chambers of commerce, chamber of industry, stock exchange. The estimated price is shown in a account report where the basis of it is added and stored between the original documents. If this price is required, the tender communities shall be investigated.
However, if there are unit prices determined by the relevant departments based on the authority given by the laws for these works, they are applied.
The price cannot be estimated
ARTICLE 10 – In cases where industrial and technological obligations are required, the tender may be made by taking the approval of the relevant minister and without an estimation of the price.
Approval certificate
ARTICLE 11 – (Amended 1st paragraph: 2990 – 2.3.1984) A certificate of approval is prepared for each job to be tendered. In the approval document, the kind, quality, quantity of the work, project number, estimated value, usable allowance amount, advance and price difference, if any, the conditions to be applied in the tender, the shape and number of the advertisement, the amount of the provision, if it is to be made, the amount of bid bond.
In the approval document, whether the specifications and its annexes will be given in return for a price, and what will be the price if the price is to be given.
Giving the specifications
ARTICLE 12 – The specifications and annexes of the work to be tendered shall be prepared by the relevant administrations, provided that the provisions in the special laws are reserved and submitted to those who wish for a price to be appreciated by the administrations or by the administrations according to their characteristics.
Specifications and annexes may be seen free of charge in the administration.
Tender commissions
ARTICLE 13 – (Amended 1st paragraph: 2990 – 2.3.1984) ITA supervisors shall assign the commissions to be established by the participation of at least one person and finance officer in the construction works under the chairmanship of one of the officers of the relevant administration.
How many people will consist of the military tender commissions and how to establish a decree to be prepared by the Ministry of National Defense and Finance and to be issued by the Council of Ministers.
The duty of the financial civil service at the Paymentary Commissions to be established under the Presidency of the Presidency and the Court of Accounts shall be fulfilled by the accounting manager or an officer who is appointed by the accounting manager of these organizations.
The Finance Officer to participate in the Military Tender Commissions and other tender commissions shall be determined according to the procedure to be determined by the Ministry of Finance.
The tenders of the Special Provincial Administrations are carried out in accordance with the provisions of this law when the tenders of the municipalities are in the provincial permanent council.
In order to assist the commissions, the civil servants and experts may be assigned as well as not to participate in the tender decisions.
Work of commissions
ARTICLE 14 – The tender commissions are convened completely. Commission decisions are mostly taken. If the votes are equal, the side of the president is accepted in the majority. Decisions cannot be abstained. The opposing member must sign the vote against the vote by writing it under the decision. The Chairman and members of the Commission are responsible for their votes and decisions.
Organizing the tender process file
ARTICLE 15 – A transaction file shall be issued for the works to be done by tender. In this file, there are approval certificate, the account report, specifications and annexes for the estimated price, necessary projects, documents and newspaper copies related to the application, and other documents that are beneficial to store it with the contract bill. If it is understood that there are records and conditions that are not compatible with the technique in the specifications, the commissions postpone the tender to correct the specifications to the relevant administration. In this case, the tender is carried out in accordance with the specification to be rearranged and the application to be made in accordance with Article 19.
(The last paragraph has been repealed with Article 5 of the Law No. 2990 dated 2 March 1984.)
The qualifications to be sought in the tenderers and the documents to be requested
ARTICLE 16 – In order to ensure that the tenders are concluded by the administration with the most favorable conditions, certain financial and technical competencies and qualifications may be sought in the tenderers. What are the documents for determining them are shown in the species.
The tenderers must fully give the documents written in the specifications and show the address for notification in Turkey.
In the tenders of all kinds of studies, projects, control and consultancy services with construction works, the qualifications and documents to be requested in the tenderers, what will be given on the road and by whom and how the contractor registers will be kept by the Ministry of Public Works to be prepared by the Ministry of Public Works.
The announcement of the tender
ARTICLE 17 – The works subject to the tender shall be announced to the tenderers according to the following principles and procedures:
1. The announcements in the place where the tender will be held:
a) In the daily newspaper, the tenders are announced twice by publishing at least one day in the newspapers in the place where the tender will be held.
The first proclamation to be made with the newspaper and the tender day cannot be less than 10 days and the last proclamation and the tender day are less than 5 days.
b) In the tenders in places where there are no daily newspapers, the announcement shall be made with the articles to be hung on the declaration boards of the relevant administration and the government and municipal buildings within the periods of this paragraph (a). These procedures are documented with a record. In these places, if the newspaper comes out at intervals for a maximum of 7 days, the newspaper is also announced once.
2. Ads to be made in other cities:
In addition to the announcements to be made according to paragraph (1), the estimated price exceeding the amount to be determined by the General Budget Law every year, in one of the daily newspapers to be determined by the Press – Ilın institution, taking into account the circulation, at least 10 days before the tender date declared. (*)
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(*) The monetary boundary in paragraph 2 of Article 17 is published in the Central Government Budget Law No. 5724 dated 14.12.2007 and numbered 5724, published in the 1st Duplicate R.G. dated 28.12.2007 and numbered 26740. – It has been determined as YTL.
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3. Ads to be made with the Official Gazette:
The works subject to the tender exceeding three times the amount determined in accordance with paragraph (2) paragraph (2) shall be declared at least 10 days before the tender date and once in the Official Gazette. (*)
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(*) The monetary boundary in paragraph 3 of Article 17 is 970.000 of the Central Government Budget Law No. 5724 dated 14.12.2007 and numbered 5724, published in the 1st Period R.G. dated 28.12.2007 and numbered 26740. – It has been determined as YTL.
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4. Administrations can also publish these announcements with other newspapers or other broadcasting tools that come out in Turkey and abroad according to the importance and characteristics of the work.
5. For the tenders to be made by bargaining procedure, the administrations are free to declare.
Mandatory issues to be included in advertisements
ARTICLE 18 – The following issues must be specified in the declarations.
a) The quality, location and quantity of the work subject to the tender,
b) Where and under what conditions will the specifications and annexes be
c) Where, at what date and time and by which procedure will the tender be held
D) If any, the estimated price and the amount of guarantee,
e) What are the documents sought from the tenderers,
f) In the tenders to be made by the closed bid procedure, where the date and time to be given.
Declaration in case of changes in specification and its annexes
ARTICLE 19 – Amendments to the specifications and annexes cannot be made after the announcement is made. If a change is compulsory, the reasons and obligations requiring this are determined by a record and the previous announcements are considered invalid and the work shall be announced in the same way.
The notification is not suitable
ARTICLE 20 – Declarations that do not comply with the provisions in Articles 17 and 18 are invalid. In this case, the tender cannot be made unless the announcement is renewed.
If the invalidity of the declarations is understood after the tender, the tender or contract shall be terminated. However, if there is a benefit of the state in the work and the tender, the tender and the contract may be considered valid with the appropriate opinion of the Ministry of Finance and the approval of the first -degree ita supervisor.
In the event that the tender or contract is broken, the contractor or the customer’s real costs until the date of termination, if any, accrued progress payments shall be submitted.
Issues that are seen in the announcement
ARTICLE 21 – In the announcements to be made for the tenders of military tenders and the General Directorate of Security and the National Intelligence Organization, the issues that are deemed inconvenient by the first degree ita supervisor are not included.
Advertising in foreign countries
ARTICLE 22 – Entering the tenderers in foreign countries by their administrations may be declared in foreign countries in a way that provides sufficient competition for tenders deemed useful. This declaration is made at least 45 days before the tender day. Procedures and Methods related to the declaration shall be shown in a regulation to be issued by the Ministry of Finance by taking the opinion of the ministries of national defense, foreign affairs, public works, trade and energy and natural resources.
The tender coincides with the holiday
ARTICLE 23 – If the date determined for the tender has come across the holiday day, the tender shall be made at the same place and time in the first working day following the holiday without the need for a drug again. Although the working time changes after the announcement, the tender is made at the announcement.
Time to open offers
ARTICLE 24 – The opening time of the bids shall be determined within the working hours of the administrations. For the opening time, the clock adjustment of mail, telegraph, telephone (PTT) or Turkish Radio and Television (TRT) administrations is taken as basis. Once the bids are started to be opened, the process is continued without being connected to the working time.
Bond guarantee
ARTICLE 25 – (Amended 1st paragraph: 5234 – 17.9.2004/m.9/a – Effective M.34/c) The bidders shall be given a bidding guarantee at the rate of 3 %of the estimated price. In accordance with Article 10, the amount of bid bond in the tenders to be made in the tenders to be made cannot be less than 3 % of the sales price for sale in the sales of movable goods made by the liquidation administration.