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TR - RFP - LCS Danısmanlık Hizm - İzmir Okulları DH-06 17.03.2023
TR - RFP - LCS Danısmanlık Hizm - İzmir Okulları DH-06 17.03.2023
DOCUMENT
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Standard Request for Quotation Document
SUMMARY
PART I - ELECTION PROCEDURES AND REQUIREMENTS
This Section is the template of the Request for Proposal Letter to be sent by the Administration
to the consultancy firm in question to invite the shortlisted consulting firm to bid for a consulting
job. The RFP letter includes a list of all shortlisted firms to which similar invitation letters have
been sent, and a reference to the method of selection of the financing institution that governs the
selection and award decision processes, and the Procurement Regulations or policies for the
relevant IPF Borrowers.
This Section consists of two parts: "Instructions to Consultants" and "Fact Sheet". "Instructions
to Consultants" contains provisions to be used without modification. The "Information Sheet"
contains information specific to each election and overlaps with the items in the "Instructions to
Advisors" section, which stipulates the inclusion of election-specific information. This Section
provides information to assist the shortlisted consultants in preparing their proposals. In addition,
information is given on bidding, opening and evaluation of bids, contract negotiation and tender
decision. The information in the Data Sheet indicates whether a Detailed Technical Offer (FTP)
or a Simplified Technical Offer (STP) should be used.
This Section contains FTP and STP forms that must be completed and submitted in accordance
with the requirements in Section 2 by the shortlisted consultants.
This Section contains financial forms that must be completed and submitted in accordance with
the requirements in Section 2 by the shortlisted consultants, including costing their technical
proposals.
This Section contains the fraud and corruption provisions applicable to this selection method.
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Standard Request for Quotation Document
This Chapter describes the scope of services, objectives, objectives, specific tasks required to run
the business, and relevant background information, and lists expected outputs, detailing the
qualifications sought in key professionals. This Section is not to be used to provide additional
detail on the provisions of Section 2.
This Section includes two standard forms of contract for extensive or complex work: Time-
Based Contract and Lump-Sum Contract. Both contract types contain Special Contract
Conditions ("OSK") as well as General Contractual Conditions ("GSK"), which must not be
modified. ÖSK includes clauses that are complementary to the General Conditions and specific
to each contract.
Both standard forms of contract contain a section on "Fraud and Corruption" (Part I Chapter 6),
which is given as Annex 1.
Section 9: Tender Decision Notification of Intent and Right to Use Statement Forms
There are two forms in this section. The first is used by the Administration to transmit to the
Consultants the tender decision notice of intent that the successful Consultant has won the
contract. The second form is used to obtain additional eligibility information from the successful
Consultant for contracts specified in the Procurement Plan.
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Standard Request for Quotation Document
SELECTION OF CONSULTANTS
Project Name
DISASTER RISK MANAGEMENT PROJECT IN SCHOOLS (P157683)
March 2023
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Standard Request for Quotation Document
CONTENTS
PART I ....................................................................................................................................xi
Part 1. Letter of Invitation ..............................................................................to Bid 1
Chapter 2. Instructions and Information Form for Consultants ...........................5
Chapter 3. Technical Proposal – Standard .................................................Forms 41
Chapter 4. Financial Proposal - Standard ..................................................Forms 59
Section 5. Eligible Countries ....................................................................................69
Chapter 6. Fraud and Corruption ...........................................................................71
Chapter 7. Job Description ......................................................................................75
PART II ..................................................................................................................................77
Section 8. Contract Conditions and Contract Forms ............................................77
PART III ..............................................................................................................................180
Chapter 9. Tender Decision Notification of Intent and Right to Use Forms .....181
Main Document on Selection of Consultants - Harmonized Standard Request for Proposals Document
PART I
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Letter of Invitation to Bid
Consultancy services
The name of the job: Project Design and Construction Supervision Consultancy
Services for Reconstruction Works of Educational Buildings in İzmir Province
_______________________________________________
Request for Proposal Document Reference No.: NDRM1-WB-DH-06
Loan No./Loan No. 8977-GB
Project ID No. P157683
Country: Turkey
Date: 17 March 2023
Dear Official:
2. This tender is exempt from the provisions of the Public Procurement Law No. 4734
(Public Procurement Law) pursuant to the provisions of Article 3c of the Public
Procurement Law No. 4734.
Company Name
KOLTEK CONSULTING INC. (Pilot Partner) - ÜÇER MÜŞAVİR ENG. Inc. JOINT
4 VENTURE (Turkey-Turkey)
5. This Call for Proposals Document cannot be forwarded to any other company.
7. As soon as we receive this offer letter, within ten (10) calendar days in writing to the
address below; via e-mail address;
8. The Right to Benefit from the Procurement Regulations, the Borrower's Bid Request
Documents within the scope of the Tender Decision Notification Benefit of the
successful Consultant, using the Disclosure Form It is noted that it requires disclosure
of information.
9. Details on the date, time and address of bidding are given in DT-Information Sheet
17.7 and DT-Information Sheet 17.9.
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Standard Request for Quotation Document
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Standard Request for Quotation Document
Instructions to Consultants
A. General Provisions
1. Definitions (a) “Subsidiary(s)” means a person or entity that directly or
indirectly controls, is controlled by, or is under joint
control with the Consultant.
(b) "Applicable Law" means the laws and all other documents
having the force of law as they may be published and
entered into force from time to time in the country of the
Administration or in another country that may be
specified in the Information Form .
(c) "Bank" means the International Bank for Reconstruction
and Development (IBRD) or the International
Development Association (IDA).
(d) “Borrower” means the Government, government agency
or other entity that has signed a [loan/financing/grant 1]
agreement with the Bank.
(e) “Administration”/ “Employer” means the implementing
agency that has signed the Contract for the Services with
the selected Consultant.
(f)“Administrative Personnel” means personnel defined in
Article 1.1(e) of GSK.
(g) “Consultant” means a legally established professional
consulting firm or an organization that may or may
provide Services under the Contract to the Administration.
(h) “Contract” means the legally binding written agreement
signed between the Administration and the Consultant and
includes all attached documents listed in Article 1 of the
agreement (General Contract Conditions (GSK), Special
Contract Conditions (ÖSK) and Annexes).
(i) “Contractor” has the meaning defined in GSK Article
1.1(h).
(j) “Contractor Personnel” has the meaning defined in Article
1.1(i) of GSK.
(k) is an integral part of Section 2 Instructions to Consultants,
1
[The term “loan agreement” is used for IBRD loans, the term “financing agreement” is used for IDA loans,
and the term “grant agreement” is used for Buyer-Managed Trust Funds administered by IBRD or IDA.]
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Chapter 3. Technical Proposal – Standard Forms
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Standard Request for Quotation Document
separately.
(u) “Offer” means the Consultant's Technical and Financial
Offer.
(v) “RFP” means the Request for Offer Document to be
prepared by the Administration on the basis of the
Standard Procurement Document - Request for Offer
Document for the selection of the Consultants.
(w) “Services” means the works to be performed by the
Consultant in accordance with the Contract.
(x) “Sexual Exploitation and Abuse” “(CSI)”* means:
Sexual Exploitation is defined as the abuse of
vulnerability, power/authority relationship or trust or
attempts to do so for sexual purposes, including but not
limited to gaining material, social or political benefits
from the sexual exploitation of others.
Sexual Abuse is defined as any attempt or threat of sexual
contact in any form of involuntary, coercive or unequal or
coercive circumstances.
(y) “Sexual Harassment” “(CT)”* means unwelcome sexual
proposition, sexual solicitation or other verbal or physical
conduct of a sexual nature by Professionals to other
Experts, Contractor or Administration personnel.
(z) “Site” has the meaning defined in GSK Article 1.1(z).
(aa) “Standard Request for Proposals Document”
Procurement Document (RFP) - Request for Proposals
Document” means the Standard Procurement Document
(SRFP)- Request for Proposals Document, which should
be taken as a basis for the preparation of the RFP by the
Administration.
(bb) “Sub-Consultant” means an entity to which the
Consultant intends to subcontract any part of its Services,
although the Consultant remains liable to the
Administration during the performance of the entire
Contract.
(cc) “Task Description” (Section 7 of Request for
Proposals Document) means the Job Description (TOR),
which describes the objectives and scope of the work, the
activities, the tasks to be performed, the relevant
responsibilities of the Administration and the Consultant,
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Chapter 3. Technical Proposal – Standard Forms
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Standard Request for Quotation Document
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Chapter 3. Technical Proposal – Standard Forms
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Standard Request for Quotation Document
B. Preparation of Bids
1. General 1.1 The Consultant is expected to study this RFP in detail
considerations while preparing the Proposal. Significant deficiencies in the
presentation of the information requested in the RFP may result in
rejection of the Offer.
2. Bid 2.1 Regardless of the way or outcome of the selection process
Preparation is carried out, all costs related to the preparation and delivery of
Cost his Bid will be borne by the Consultant and the Administration
will not be responsible or liable for these costs. The
Administration is not obligated to accept any offer and reserves
the right to cancel the selection process at any time before the
award decision without any liability to the Consultant.
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Chapter 3. Technical Proposal – Standard Forms
6.2 During this period, the Consultant will retain the original
Offer without any changes, including the availability of Key
Experts, the rates offered, and the total price.
a. T offer 6.4 The Administration will make every effort to complete the
Extension of negotiations and make the tender decision before the bid validity
Validity Period period expires. However, if needed, the Administration may make
a written request to extend the validity period of the Offer from all
Consultants who submitted their Bids before the deadline.
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Standard Request for Quotation Document
6.6 The Consultant has the right to refuse to extend the validity
period of the Offer; in this case, the Bid in question will not
continue to be evaluated.
c. Sub- 6.9 The Consultant may not subcontract all of the Services.
Contractors
7. Clarifying and 7.1 The Consultant may request clarification of any part of the
Modifying the RFP during the period specified in the Information Form and
RFP prior to the Bid submission deadline. All requests for
clarification should be sent in writing or by standard electronic
means to the Administration's address specified in the
Information Form . The Administration will respond in writing
or by standard electronic means and send written copies of the
response (with a description of the request without disclosing the
source of the request) to all shortlisted Consultants. If the
Administration deems it necessary to change the RFP as a result of
the statement made, it will do so by following the procedure
below:
7.1.1 At any time before the deadline for bid submission,
the Administration may amend the RFP by issuing an
amendment in writing or by standard electronic means. The
amendment will be sent to all shortlisted Consultants and
will be binding on the Consultants. Shortlisted Consultants
will provide written notice of receipt of all modifications.
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Chapter 3. Technical Proposal – Standard Forms
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Standard Request for Quotation Document
Content of the Forms given in Section 3 of the Request for Proposals Document
Technical and will consist of the documents listed in the Information Form.
Offer The Technical Offer will not contain any financial information. A
Technical Offer containing important financial information will be
declared invalid.
15.1.1 The Consultant shall not propose an alternative Key
Expert. Only one CV (CV) will be submitted for each Key
Expert position. If this condition is not met, the Bid will be
void.
9.2 Depending on the nature of the work, the Consultant is
required to submit a Detailed Technical Proposal (FTP) or
Simplified Technical Proposal (STP) as specified in the
Information Form and using the Standard Forms in RFP
Chapter 3.
10. Financial 10.1 The Financial Proposal will be prepared using the
Offer Standard Forms in Section 4 of the RFP. It shall include all costs
associated with the work, including (a) remunerations to Key
Professionals and Non-Key Professionals; and (b) reimbursable
costs specified in the Fact Sheet .
a. Price 10.2 For jobs whose duration exceeds 18 months, a price
Adjustment adjustment provision is applied for foreign and/or local inflation
for wage rates, if such a statement is included in the Information
Form .
b. Taxes 10.3 in the Information Form , the Consultant and its Sub-
Advisors and Experts will be responsible for meeting all tax
obligations arising from the Contract. In the Information Form,
information about the taxes valid in the country of the
Administration is given.
c. Currency of 10.4 The Consultant shall express the price of the Services to be
Bid provided in the currency or units specified in the Information
Form . If specified in the Information Form , the portion of the
price reflecting the local cost will be stated in local currency.
D. Payment 10.5 Payment under the Contract shall be made in the currency
Currency or units in which payment is requested in the Offer.
Mark
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Chapter 3. Technical Proposal – Standard Forms
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Chapter 3. Technical Proposal – Standard Forms
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Standard Request for Quotation Document
(i) Bids do not meet the requirements of the Call for Proposals
Document and Terms of Reference or fail to achieve the
minimum technical qualification score;
(ii) Information on the consultant's overall technical score and
the score received on the basis of each criterion and sub-
criteria;
(iii) Financial Proposals will be returned unopened upon
completion of the selection process and signing of the Contract;
And
(iv) Information on the date, time and place where the Financial
Bids will be open to the public, and an invitation letter for their
participation.
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Chapter 3. Technical Proposal – Standard Forms
Consultant.
23.5 Financial Proposals are opened publicly by the
Administration's evaluation committee in the presence of the
Consultants' representatives and other parties wishing to
participate. Parties wishing to attend the opening of the
Financial Offers, which will be held open to the public, should
contact the Administration as specified in the Information
Form . Alternatively, if a notice of the opening of Financial
Bids is available, it may be published on the Administration's
website. During the opening, the Advisors' overall technical
scores, including their names and distribution by criteria, are
read aloud. Financial Proposals are then checked for remaining
sealed and unopened. These Financial Offers are then opened
and the total prices are read aloud and recorded. Copies of
records are sent to all Bidders and the Bank.
24. Fixing Errors 24.1 Activities and items defined in the Technical Offer but not
priced in the Financial Offer are deemed to be priced together
with the other activities or items, and no adjustments are made
to the Financial Offer.
a. Time-Based 24.1.1 If a Time-Based contract form is included in the
Contracts RFP, the Administration's evaluation commission will (a)
correct any numerical or computational errors, and (b)
adjust prices if prices do not reflect all the inputs given
for the relevant activities or items in the Technical Offer.
they will be able to. In case of inconsistency between (i) a
partial amount (sub-total) and the total amount, (ii) the
amount multiplied by the unit prices and the total amount,
or (iii) between words and numbers, the former will
prevail. In case of inconsistency between Technical and
Financial Offers in terms of specifying the input
quantities, the Technical Offer shall be valid and the
evaluation commission of the Administration shall correct
the quantities specified in the Financial Offer to be
compatible with the Technical Offer, apply the relevant
unit price in the Financial Offer according to the
corrected quantity and correct the total Bid cost.
b. Lump-sum Contracts 24. 1.2 If a Lump Price contract form is included in the RFP,
the Consultant is deemed to have included all prices in the
Financial Offer , therefore neither arithmetic adjustments nor
price adjustments are made. The net total price excluding taxes
determined from ITC 25 and specified in the Financial Offer
(Form FIN-1) is considered the suggested price. In case of a
discrepancy between the written and numerical amounts, the
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Standard Request for Quotation Document
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Chapter 3. Technical Proposal – Standard Forms
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Standard Request for Quotation Document
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Chapter 3. Technical Proposal – Standard Forms
Within ten (10) Business Days from the date of the tender
decision notification, the Administration publishes the Tender
Decision Announcement containing at least the following
information:
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Standard Request for Quotation Document
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Chapter 3. Technical Proposal – Standard Forms
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Standard Request for Quotation Document
E. Information Form
ITC
reference
A. General
1 (b)
The laws of the Republic of Turkey apply.
1(o)
The Administration will not use the electronic tender system in this tender.
2.1
Name of Administration: TR MINISTRY OF NATIONAL EDUCATION - General
Directorate of Construction and Real Estate
MEB Beşevler Campus Block B Beşevler/ANKARA
Phone : 0(312) 413 31 32
Fax : 0 (312) 213 8346
E-Mail : iedb_guvenliokullar@meb.gov.tr
Selection Method : Least Cost Selection (LCS) in accordance with World Bank Procurement
Regulations (version August 2018) ( available at www.worldbank.org )
2.2
The Financial Offer will be submitted together with the Technical Offer.
Name of the job: Disaster Risk Management Project in Schools Project Design and
Construction Supervision Consultancy Services for the Reconstruction of Educational
Buildings in İzmir Province
2.3
Status of holding a pre-bid briefing meeting : It will not be held.
2.4
The Administration provides the following inputs, project data, reports, etc. to allow the
preparation of proposals. will offer :
The Administration will provide the following information and facilities within the scope of
this work:
Job Description (TOR)
4.1
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Chapter 3. Technical Proposal – Standard Forms
Among the shortlisted companies, no company that could cause "Unfair Competitive
Advantage" has been identified. If such a situation is detected, the relevant information and
documents will be listed in order to eliminate the effect of this situation, and the companies
will be announced where they can be downloaded or obtained by the short-listed Consultants.
6.3.1
List of blocked companies and individuals Bank's public www.worldbank.org/debarr
available at.
B. Preparation of Bids
9.1
This RFP is published in ENGLISH.
10.1
Offers consist of:
AND
11.1
Sub-consultants, Key Experts and Non-Key Experts are allowed to participate in more
than one Proposal
Yes_X_______ or No __________
12.1
ninety (90) calendar days from the latest bid submission date published by the Administration
.
13.1
14 calendars from the deadline for bidding Clarifications can be requested up to the day
before.
14.1.1
Or
(b) other shortlisted Consultants: Yes ________ or No_X
14.1.2
These figure/s are indicative and the Consultant will make his own estimate of the key
personnel and support personnel required for the different phases of the Work. It is preferred
that Key Personnel are permanent employees of the Consultant.
The consultancy services included in this work include the reconstruction, project design and
construction supervision works of 27 training facilities in İzmir in total. The services will
consist of two stages as design studies and construction supervision , and two separate contracts
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Chapter 3. Technical Proposal – Standard Forms
(Lump Price and Time Based) will be signed with the Consultant.
Province Number of
Schools
Izmir 27
14.1.3
For time-based contracts only
The minimum time-input for the time-based contract portion of the Key Experts should be
specified in the Consultant's Proposal as 942 person-months .
For evaluation and comparison of Proposals only: if a Proposal has less minimum time-entry
than required for the time-based contract portion , the missing time-input (explained as
person-months) is calculated as follows:
The missing time-input is multiplied by the highest compensation rate for a Key Expert in the
Advisor's Offer and added to the total charge amount. Bids that give more than the minimum
required time-input value will not be adjusted.
14.1.4 and 27.2
Use for Fixed Budget method
This item is not valid.
15.2
The format of the Technical Proposal to be submitted is as follows:
FTP _X__________ or STP ________
Incorrect submission of the Technical Proposal may result in the Proposal being considered
non-compliant with the RFP requirements.
16.1
(1) Necessary travel expenses, including the transportation of the personnel with the most
suitable vehicles and directly in the most practical way.
(3) Necessary national and international communication expenses, wired and wireless phone
calls, internet expenses within the scope of the services
(4) Reproduction and distribution cost of reports to be produced within the scope of services
(5) Where applicable, other allowances/per diems and unknown expenses or fixed expenses,
if any
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(6) Costs of other items not covered above that will be required in the future for the purpose
of the Services (for a Lump-sum Contract)
The monthly salary of the technical personnel to be employed by the consultant shall not be
less than twice the net minimum wage announced for that year. It will be documented in each
progress payment period with the salary slips.
16.2
The price difference will only be applied to personnel remuneration rates under the time-
based Contract under Construction Supervision, if bids are submitted in local currency. No
price difference will be paid for foreign currency payments. Price difference will not be
applied under the lump sum contract.
16.3
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Payments to be made by the Employer to the Consultant under the contract will be subject to
the following local taxes.
Chapter 3. Technical Proposal – Standard Forms
Taxes:
Foreign Legal Entity consultants; They are obliged to pay the withholding
taxes imposed under local laws regarding the payments made on the
progress payments they have obtained due to the implementation of the
contract, either alone or as a result of a joint venture with a foreign
consultant or a local consultant. If the foreign consultant is alone or in a
joint venture with foreign consultants and is not registered with the Tax
Office in Turkey, it is obligatory for the Employer to deduct the
withholding tax from the amount to be paid to the Consultant over the
progress payments, at the rate stipulated in the regulations, and deposit it to
the Tax Office on behalf of the Consultant. Withholding paid by the
Employer to the Tax Office, then as required by the Tax Office in Turkey
and the Consultant's country, as required by bilateral agreements between
the Consultant and the Tax Office, such as the Avoidance of Double
Taxation between Turkey and the Consultant's country (if any) and local
tax legislation. will be deducted from income. Value Added Tax (VAT)
will not be included in the prices offered. The employer will make VAT
payments in this framework together with the progress payments.
Taxes, fees, etc. in Turkey. The source of information on the subject is the
Ministry of Treasury and Finance / Revenue Administration.
Local and foreign consultants, all other taxes, duties, commissions and
fees, etc., as specified in the table below, regarding the conclusion and
implementation of the contract in accordance with the legislation and laws
in force at the date of their proposal (RFP). are liable to pay. In the event
that the taxation legislation and laws mentioned above are amended after
the submission of the proposals, the taxes payable by the Consultants will
be regulated (increased or decreased) during the negotiation phase.
Local Consultants Foreign Consultants who Foreign Consultants Joint Ventures
alone or in Joint are not registered with the registered with the consisting of local
Venture with Local Tax Office in the employer's Tax Office in the and foreign
Consultant country employer's country consultants
registered with the
Tax Office
Corporate Tax Income tax withholding Corporate Tax Corporate Tax
LOCAL TAXES APPLIED
Stamp Duty applicable to all local, foreign and joint venture Bidders:
1. They will pay stamp duty at the time of signing the contract.
2. During the implementation of the contract: Stamp duty will be deducted for each pay -
ment to be made to the consultant.
Information
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Ministry of Treasury and Finance, Revenue Administration (Ministries,
Ankara TURKEY).
Web address www.gib.gov.tr (Information in Turkish and English is available)
Standard Request for Quotation Document
16.4
The Financial Offer must be in the following currencies:
The bidder shall submit its price offers in Turkish Lira (TL) or in a fully convertible foreign
currency other than TL (VAT excluded).
Local costs must be stated in the Financial Offer in the currency of the Administration's
country (Turkish Lira): No
17.1
“ no ” option to submit their Proposals electronically
17.4
The Consultant shall submit the Technical Proposal and the Financial Proposal with the
original signature (digital signature is not accepted) separately in two sealed envelopes and in
one original copy by putting them both in a single envelope. A second copy is not required
other than the original.
Bids will be delivered in a sealed envelope to the address below until 11:00 on Tuesday ,
May 2, 2023 .
The outer envelope should also contain the statement indicating the name of the following
work: Project on Disaster Risk Management in Schools Project Design and Construction
Supervision Consultancy Services for the Reconstruction of Educational Buildings in İzmir
Province NDRM1-WB-DH-06 “Do not open.”
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Chapter 3. Technical Proposal – Standard Forms
19.1
Possibility to open Technical Offers online: No
19.2
In addition, the following information will be read aloud during the opening of the
Technical Offers: NONE
21.1
(for FTP)
Criteria, sub-criteria and point system for the evaluation of Detailed Technical Proposals:
Point
(i) The proposed work plan and method
Compliance with the definition (TOR):
(a) The proposal is clear and sufficient; and Technical approach and methodology [10]
(c) Critical analysis of project objectives and terms of reference (TOR) [5]
(d) Consultant's suggestions and approaches on Environment, Social, Health and Safety
(Environmental, Social, Health and Safety (ESHS) standards) [5]
Total Score for Criterion (i) [30]
1. Project Group
(a) Project Manager [9]
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Standard Request for Quotation Document
The points awarded for each of the above positions will be determined by considering the following
two sub-criteria and the respective percentages.
Minimum total technical score required to pass these criteria St: Seventy (70)
21.1
[for STP]
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Chapter 3. Technical Proposal – Standard Forms
23.4
Possibility to open Financial Offers online: No
23.5
After the evaluation of the Technical Proposals is completed, the Administration shall inform
all the Bidders of the Bidders of the place, date and time of the opening of the Financial
Proposals.
25.1
In the assessment, the Administration shall exclude: (a) all identifiable local indirect taxes
such as sales tax, expense tax, VAT or similar taxes accrued on contract invoices; and (b) any
additional local indirect taxes for charging services rendered by experts not resident in the
territory of the Administration. If the Contract decision is made, all these taxes will be
discussed, finalized and added to the Contract price as a separate line in the Contract
negotiations. At the same time, it will be stated which taxes must be paid by the Consultant
and which taxes are deducted by the Administration on behalf of the Consultant.
26.1
The bidder shall submit its price offers in Turkish Lira (TL) or in a fully convertible foreign
currency other than TL (VAT excluded). In the evaluation phase; The currency to be used in
converting bids in foreign currencies other than TL into a single currency is Turkish Lira
(TL).
The source of the official selling rate to be used for converting different currencies is the FX
selling rates announced by the Central Bank of the Republic of Turkey, valid at the date and
time of the bid submission. If the bid opening time is before 15:30, the indicative foreign
exchange selling rates announced at 15:30 on the previous working day will be used.
27.1
(QCBS only)
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Standard Request for Quotation Document
28.1
Address and estimated date of negotiation:
Negotiation address:
TR MINISTRY OF NATIONAL EDUCATION – General Directorate of Construction and
Real Estate
MEB Beşevler Campus Block B
Tel: +90 (312) 4133132
Document passes: +90 (312) 2138346
Email: iedb_guvenliokullar@meb.gov.tr
[ https://iegm.meb.gov.tr/ ]
32.1
Right to Benefit from a Successful Consultant will submit the Disclosure Form.
34.2
Expected start date of services:
Date: June 2023
35.1
The procedures for filing a Tender Complaint are detailed in the “ Purchasing Arrangements
for IPF Borrowers (Annex-3)”. If a Consultant wishes to file a Complaint regarding the
Tender, he/she may submit his/her complaint in writing (by the shortest possible method such
as e-mail or fax) by following these procedures:
Attention : Hacı Mehmet KULOĞLU
Title / Position : Head of Purchasing Department
MEB Beşevler Campus Block B
: Beşevler/ANKARA
Tel: +90 (312) 4133132
Document passes: +90 (312) 2138346
Email: iedb_guvenliokullar@meb.gov.tr [ https:// iegm.meb.gov.tr/ ]
In summary, the following points can be appealed in the application for the Complaint about
the Tender:
1. The conditions of this Request for Proposals Document;
2. the Contracting Entity excludes a Consultant from the tender process prior to the
award decision; And
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Chapter 3. Technical Proposal – Standard Forms
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Standard Request for Quotation Document
√ √ TECHNICAL-1 Technical
Proposal
Submission
Form.
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Chapter 3. Technical Proposal – Standard Forms
√ TECHNICAL-2A
A. Organization of the Consultant
√ TECHNICAL-2B
B. Experience of the Consultant
(will not be applied)
√ TECHNICAL-3 Comments or
Suggestions on
Job Description
and Associated
Staff and
Opportunities to
be provided by the
Administration.
√ TECHNICAL-3A
A. Job Description H-about
√ √ TECHNICAL-4B FOR
ACTIVITIES
UNDER TIME
BASED
AGREEMENT
Definition of
Approach,
Methodology and
Work Plan for
Doing the Work
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Standard Request for Quotation Document
Outputs
√ √ TECHNICAL-5B FOR
ACTIVITIES
UNDER TIME
BASED
AGREEMENT
Business plan and
Planning for
Outputs
√ √ TECHNICAL-8 Sexual
Exploitation and
Abuse (CSI)
and/or Sexual
Harassment (CT)
Performance
Statement
All pages of the Original Technical and Financial Offer shall be initialed by the
authorized representative of the Consultant who signed the Offer.
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Chapter 3. Technical Proposal – Standard Forms
FORM TECHNIQUE-1
{Place, Date}
We, the undersigned, propose to provide consultancy services for [ Insert name of
work] in accordance with your Request for Proposals Document (RFP) dated [ Insert Date ]
and our Proposal. [Use the appropriate words depending on the selection method specified in
the RFP: “ We submit our Offer, which includes this Technical Offer and a Financial Offer
sealed in a separate envelope. ” or if only an invitation to a Technical Offer has been
received, “ We submit only our Offer containing this Technical Offer in a sealed envelope.
”].
{If the consultant is a joint venture, add: We present our proposal as a joint venture
with the following members: { Include a list with each member's full name and legal address
and identify the lead member } . {Add in the form of our "letter of intent to form a joint
venture" or "JV agreement" if the JV has already been formed}, detailing the legal structure
of the joint venture and the responsibilities of its members, and a copy signed by each
participating member.
{OR
If the Consultant's Proposal includes Sub-consultants, include: We present our offer as Sub-
consultants that include: {Include a list with the full name and address of each Sub-
consultant.}
(a) All information and statements made in this Offer are true and we
acknowledge that any misinterpretation or misrepresentation contained in this
Offer may result in the Disqualification of the Offer by the Administration
and/or be sanctioned by the Bank.
(b) Our offer will be valid until [ insert day, month, year in accordance with the
provisions of ITC 12.1 ] and will be binding for us during this period.
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Standard Request for Quotation Document
(d) We meet the eligibility requirements set out in ITC 6 and confirm that we
understand our obligation to comply with the Bank's policy regarding Fraud
and Corruption under ITC 5 .
(e) We, together with any of our subcontractors, subcontractors, suppliers, or service
providers, for any part of the Agreement, may be subject to a blocking or
temporary suspension imposed by the World Bank Group or the Enforcement
of Blocking Orders between the World Bank and other development banks by
the World Bank. It is not controlled by any individual or entity that is subject
to any obstruction in accordance with the Joint Agreement and there are no
sanctions imposed on us. In addition, we are not considered to be inappropriate
under the country's laws or governmental regulations of the Administration or
by a United Nations Security Council resolution;
(f) Sexual Exploitation and Abuse (CSI) and/or Sexual Harassment (CT):
[Choose the appropriate option (i) to (iii) and delete the others]
We [in the case of Joint Venture; “including each of our Joint Venture
Members] and our sub-advisors;
(i) [We were not subject to any prohibition by the Bank due to non-fulfillment
of CSI/CT obligations]
(ii) [We have been banned by the Bank due to non-fulfillment of CSI/CT
obligations]
(iii) [We were previously banned by the Bank due to non-fulfillment of
CSI/CT obligations. However, an arbitration decision was made in our favor in
the ban case.]
(g) (As per Article 10.2 of the Data Sheet) We undertake to consider the laws
against fraud and corruption, including bribery, in force in the country of the
Administration during competition for the Contract (and performance if the
Contract is awarded to us). ]
(i) Our Offer is binding on us and subject to changes resulting from Contract
negotiations.
If our offer is accepted and the Contract is signed, we undertake to start the business-
related Services at the latest on the date specified in Information Form ITC 34.2.
We understand that the Administration is not required to accept any Offer received.
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Chapter 3. Technical Proposal – Standard Forms
Regards,
_________________________________________________________________
Signature ( Authorized representative of the Consultant) { full name and initials} :
{For a joint venture, all members or only the lead member must sign; In this case, a
power of attorney authorizing signing on behalf of the members is added}
27.
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Standard Request for Quotation Document
Form TECHNICAL-2: A brief description of the Consultant's organization and the most
relevant outline of the Consultant's recent experience. In the case of a joint venture,
information on similar business will be provided for each partner. For each engagement, the
outlines provided should specify the Consultant's Key Professionals and Sub-consultants
involved, the duration of the engagement, the contract price (total and, if undertaken as a joint
venture or subconsultancy, the amount paid to the Consultant), and the Consultant's role.
1. Provide here a brief description of each member, their background and organization for this
role in the case of your company or joint venture.
2. Indicate the organizational chart, the list of the Board of Directors and who the beneficiary
is. [If requested under Information Form ITC 32.1, the right to benefit by using the successful
Consultant Benefit Disclosure Form will provide additional information on
1. List only previous similar jobs successfully completed in the past [..10...] year.
2. List only the work for which the Consultant has legally contracted with the Administration
as a company or as a member of the joint venture. Tasks performed by the Consultant's
individual experts working privately or through other consulting firms may not be cited as
relevant experience of the Consultant or Consultant partners or sub-consultants, but may be
indicated by the Specialists themselves on their CVs. The consultant should be ready to
prepare the specified experience by providing copies of relevant documents and references if
requested by the Administration.
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Chapter 3. Technical Proposal – Standard Forms
{e.g. {e.g., “Support to the {e.g. ......... {eg, $0.2 {e.g. Consultant
January- national government.....” : municipality, million/$0.2 only}
May Second-level legislation country} million}
2008} drafted on ..............}
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Standard Request for Quotation Document
Form TECHNICAL-3: Comments and suggestions on the Job Description that can improve the
quality / effectiveness of the assignment, and administrative support, office space, local
transportation, equipment, data, etc. Comments and recommendations on facilities and peer
staffing needs provided by the Administration, including
If you have any improvement suggestions for the Job Description (TOR), write them here.
The employer will provide the following information within the scope of this work:
-Information, documents and projects in the Job Description (TOR) and Special Technical
Specifications. Prefabricated work offices and office equipment, photocopier, printer, air
conditioner, refrigerator, office work furniture, internet connection, etc. will provide.
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Chapter 3. Technical Proposal – Standard Forms
Form TECHNICAL-4: A description of the work plan, approach, and methodology for
performing the work, including a detailed description of the proposed methodology and
training personnel, where training is specified in the Job Description as a specific component
of the job.
a) Technical Approach and Methodology. {Please explain what you understand of the
business objectives set out in the ToR and the methodology [including Environmental
and Social (ES) aspects] and technical approach you will use in implementing the
tasks to achieve the expected outputs, and the level of detail of these outputs. Please
do not repeat or copy TORs here.}
b) Business Plan. {Please outline the plan for implementation of the engagement's main
activities/tasks, content and duration, phases and relationships, milestones (including
provisional approvals by the Administration) and provisional deadlines for reports.
The proposed business plan should demonstrate your understanding of TOR and your
ability to translate them into a viable business plan, and should be in line with the
technical approach and methodology. A list of final documents (including reports) to
be submitted as final output(s) should be included here. The work plan must be
consistent with the Work Schedule Form.}
c) Organization and Staff. {Please describe the structure and composition of your team,
including the list of Key Professionals, Non-Key Specialists, and relevant technical
and administrative support personnel. }
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Standard Request for Quotation Document
Form TECHNICAL-4: A description of the work plan, approach, and methodology for
performing the work, including a detailed description of the proposed methodology and
training personnel, where training is specified in the Job Description as a specific component
of the job.
a) Technical Approach and Methodology. {Please explain what you understand of the
business objectives set out in the ToR and the methodology [including Environmental
and Social (ES) aspects] and technical approach you will use in implementing the
tasks to achieve the expected outputs, and the level of detail of these outputs. Please
do not repeat or copy TORs here.}
b) Business Plan. {Please outline the plan for implementation of the engagement's main
activities/tasks, content and duration, phases and relationships, milestones (including
provisional approvals by the Administration) and provisional deadlines for reports.
The proposed business plan should demonstrate your understanding of TOR and your
ability to translate them into a viable business plan, and should be in line with the
technical approach and methodology. A list of final documents (including reports) to
be submitted as final output(s) should be included here. The work plan must be
consistent with the Work Schedule Form.}
c) Organization and Staff. {Please describe the structure and composition of your team,
including the list of Key Professionals, Non-Key Specialists, and relevant technical
and administrative support personnel. }
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Chapter 3. Technical Proposal – Standard Forms
Form TECHNICAL-4: A description of the work plan, approach, and methodology for
performing the work, including a detailed description of the proposed methodology and
training personnel, where training is specified in the Job Description as a specific component
of the job.
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Standard Request for Quotation Document
Moon
N° Activity / Output 1 (D-..)
one 2 3 4 5 6 7 8 9 ..... n TOTAL
D-1
D-2
D-3
D-4
D-5
D-6
1 List the outputs along with other criteria such as the distribution of the activities required to produce them and the approvals of the Administration. For
phased work, specify activities, delivery of reports and benchmarks separately for each phase.
2 The duration of the activities will be indicated in the form of a bar graph .
3. Add comments if needed to help read the chart.
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Chapter 3. Technical Proposal – Standard Forms
Moon
N° Activity / Output 1 (D-..)
one 2 3 4 5 6 7 8 9 ..... n TOTAL
D-1
D-2
D-3
D-4
D-5
D-6
1 List the outputs along with other criteria such as the distribution of the activities required to produce them and the approvals of the Administration. For
phased work, specify activities, delivery of reports and benchmarks separately for each phase.
2 The duration of the activities will be indicated in the form of a bar graph .
3. Add comments if needed to help read the chart.
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Standard Request for Quotation Document
Total time-input
Input of experts (listed in TECH-5) per Output (person-month)
N° Name (in months)
Position D-1 D-2 D-3 ........ D-... House Field total
KEY EXPERTS
{e.g. Mr. Abbbb} [ Home] [2 [1.0] [1.0]
[Team
K-1 Leader]
months]
[ Field ] [0.5m] [2.5] [0]
K-2
K-3
Subtotal
NON-KEY EXPERTS
[House]
N-1
[ Field ]
N-2
Subtotal
total
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Chapter 3. Technical Proposal – Standard Forms
1 For Key Professionals, the entry must be specified separately for the same positions as required in the ITC21.1 Fact Sheet.
2 Months are counted from the start of the assignment / mobilization. One (1) month equals twenty-two (22) business days (billable). A working day
(billable) must be at least eight (8) working hours (billable).
3 "Home" means working in the office in the specialist's country. "Field" work means work performed in the country of the Administration or in any country
other than the country of expertise.
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Standard Request for Quotation Document
Total time-input
Input of experts (listed in TECH-5) per Output (person-month)
N° Name (in months)
Position D-1 D-2 D-3 ........ D-... House Field total
KEY EXPERTS
{e.g. Mr. Abbbb} [ Home] [2 [1.0] [1.0]
[Team
K-1 Leader]
months]
[ Field ] [0.5m] [2.5] [0]
K-2
K-3
Subtotal
NON-KEY EXPERTS
[House]
N-1
[ Field ]
N-2
Subtotal
total
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Chapter 3. Technical Proposal – Standard Forms
1 For Key Professionals, the entry must be specified separately for the same positions as required in the ITC21.1 Fact Sheet.
2 Months are counted from the start of the assignment / mobilization. One (1) month equals twenty-two (22) business days (billable). A working day
(billable) must be at least eight (8) working hours (billable).
3 "Home" means working in the office in the specialist's country. "Field" work means work performed in the country of the Administration or in any country
other than the country of expertise.
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FORM TECHNIQUE-6
(CONTINUE)
CV (CV)
Job-related employment records : {List in reverse order, starting with the current position.
Please indicate dates, employment organization name, titles held, types of activities
performed and place of duty, and contact details of previous administrations and the
organization(s) to be contacted for reference. Past jobs unrelated to the task do not need to be
included.}
Detailed Tasks Given to the Consultant's Reference to Previous Work / Jobs Best
Expert Team: Reflecting Ability to Manage Assigned
Tasks
{List all outputs/tasks to be performed by
the experts and included in
TECHNICAL-5)
Certification :
I, the undersigned, declare to the best of my knowledge and belief that this CV accurately
describes myself, my qualifications and experience, and that if the contract is awarded to me,
I may be available to undertake the task at any time and in any situation. I understand that any
misrepresentation or misrepresentation made herein may result in my disqualification or
dismissal by the Administration and/or sanctions by the Bank.
İdareye Not:
Aşağıdaki asgari gereklilikler değiştirilmeyecektir. İdare Sözleşmeye özgü
hususları/riskleri yansıtmak için ilave gereklilikler ekleyebilir.
Teklif İsteme Dokümanı yayınlanmadan önce bu metin kutusunu siliniz.
Danışmana Not:
Davranış Kuralları formunun İdare tarafından belirlenen asgari içeriğinde
esaslı değişiklik yapılmayacaktır. Ancak, Danışman Sözleşmeye özgü
hususları/riskleri dikkate almak için gerektiğinde koşullar ekleyebilir.
This Code of Conduct forms part of our measures to address environmental and social risks
associated with the Services. Applies to all Professionals on the field or elsewhere where the
Services are performed.
This Code of Conduct sets out the behavior we require of all Professionals.
Our workplace is an environment where unsafe, aggressive, abusive or violent behavior will
not be tolerated and where anyone can easily raise their problems and concerns without fear
of retaliation.
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REQUESTED BEHAVIORS
Experts;
1. they will perform their duties competently and diligently;
2. comply with this Code of Conduct and all applicable laws, regulations and other
requirements, including requirements to protect the health, safety and well-being of
other Professionals and others ;
3. They will provide a safe working environment in the ways described below:
a. To ensure that the workplaces, equipment and processes under the control of
each person are safe and do not pose a risk to health,
b. Using the necessary personal protective equipment,
c. Comply with emergency operating procedures
4. report any work situation that they consider unsafe or unhealthy and move away from
a work environment that they reasonably consider to pose an imminent and serious
danger to their life or health;
5. treat others with respect and not discriminate against specific groups such as women,
persons with disabilities, migrant workers or children ;
6. Engage in Sexual Harassment, defined as any unwanted sexual attempts, sexual
solicitation, or other verbal or physical behavior of an Expert of a sexual nature
towards other Experts, Contractor's Staff or Administration's Staff ;
7. shall not engage in the act of Sexual Exploitation, which is defined as the actual abuse
or attempted abuse of a state of vulnerability, different power or duty for sexual
purposes, including but not limited to financially, socially and politically benefiting
from the sexual exploitation of another;
8. will not engage in Sexual Abuse, defined as physical interference of a sexual nature
that is actually carried out or threatened to be carried out, using force or under unequal
or coercive circumstances;
9. will not engage in any sexual activity with anyone under the age of 18, except in pre-
existing marriages;
10. complete relevant training on the environmental and social aspects of the Convention,
including training on health and safety issues, Sexual Exploitation and Abuse (CSI)
and Sexual Harassment (CT);
11. report violations of this Code of Conduct ; And
12. will not retaliate against anyone who reports violations of this Code of Conduct to us
or the Administration or who uses the Experts grievance mechanism or the project's
Grievance Mechanism .
REPORTING CONCERNS
a person observes behavior that he or she thinks violates this Code of Conduct or otherwise
worries him , he is obliged to report the situation immediately. This notification can be made
in the following ways:
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63
1. [ Enter the name of the Counselor's social expert with experience in dealing with cases of
sexual exploitation, sexual abuse and sexual harassment, or if such a person is not
required under the Contract, enter the name of the person appointed by the Consultant to
deal with these matters] in writing [ at … ], by phone [ … ] or by contacting face-to-face
at [ … ]; or
2. To reach the consultant's hotline by calling [ ] (if available) and leaving a message.
The identity of the individual will be kept confidential unless country law requires reporting
of allegations. Complaints or notifications may also be reported anonymously, and such
complaints or notifications will also be fully and duly considered. We will take all reports of
possible misconduct cases seriously and take necessary action by making the necessary
investigation. Where necessary, warm referral will be provided to service providers who can
assist in supporting the survivor of the alleged incident.
No retaliation will be made against anyone who raises a good faith concern about conduct
prohibited by this Code of Conduct. Such retaliation constitutes a violation of this Code of
Conduct.
I have received a copy of this Code of Conduct written in a language I understand. If I have a
question regarding this Code of Conduct, ask for clarification . Enter the name of the
contact(s) ] I know I can contact
Expert Name: [insert name]
Signature: __________________________________________________________
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CODE OF CONDUCT FORM APPENDIX-1
BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (CSI) AND
BEHAVIORS CONSTITUTE OF SEXUAL HARASSMENT (CT)
The following non-exhaustive list has been prepared to illustrate the types of prohibited behavior:
(1) Examples of sexual exploitation and abuse include, but are not limited to:
A Specialist tells a community member that he can get a job on site (for example, cooking and
cleaning work) in exchange for sex.
An Expert who makes the electrical connections of the houses says that in exchange for sex,
he can connect the women-headed houses to the grid.
A Specialist rapes or otherwise sexually assaults a community member.
A Specialist refuses to allow a person to enter the field if they are not sexually favored.
A Specialist tells a Contracted job applicant that he will only be able to hire him if he has sex
with them.
(2) Examples of sexual harassment in the work context
One Specialist commenting on another Specialist's appearance (positive or negative) and
sexual attraction.
When one Specialist complains about comments made by another Specialist about her
appearance, the other Specialist says she "wanted it" because of the way she dresses.
Unwelcome touching of a Specialist or Administration Personnel by another Specialist.
One Specialist telling another Specialist that if he sends his nude photos he can increase his
salary or get himself promoted.
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65
We,
(a) We were not subject to any prohibition by the Bank due to non-fulfillment of CSI/CT obligations
(b) We were subject to a ban by the Bank due to non-fulfillment of CSI/CT obligations
(c) We were previously banned by the Bank due to non-fulfillment of CSI/CT obligations. However,
an arbitration decision was made in our favor in the ban case.
[ If option (c) above applies , the ban Attach evidence of the arbitration award that overrules the
findings on the issues underlying the award.]
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Chapter 4. Financial Proposal - Standard Forms
The Financial Proposal Standard Forms will be used in accordance with the instructions given
in Chapter 2 for the preparation of the Financial Proposal.
[ Place, Date ]
[ Employer's Name and Address ]
Dear …….,
We, the undersigned, propose to provide consultancy services for [Insert name of work] in
accordance with your Invitation to Proposal dated [Insert Date] and Our Proposal.
Our enclosed Financial Offer {specify the figures corresponding to the amount(s) in
currency} {insert the amount(s) in words and figures}, amounting to ............... All indirect
local taxes in accordance with Data Sheet ITC 25.1 [insert "includes" or "excludes"].
Estimated local indirect taxes are {insert currency} {insert amount in words and figures} and
will be confirmed or corrected during negotiations as necessary. {Please make sure all
amounts are on Form FIN-2A and FIN-2B Note that it will be the same as in }.
Amount excluding indirect Amount in writing
local taxes and VAT in excluding indirect local
Contract Name accordance with ITC 25 taxes and VAT in line
(indicate Currency) with ITC 25 (specify
Currency)
Lump-Sum Contract
“Reconstruction Project Design,
Preparation of Tender Documents
and Tender Stage Consultancy
Services” (FIN-2A)
Time Based Value Contract
“Construction Supervision
Consultancy Services” (FIN-2B)
Our Financial Offer will be valid and binding for us for the period specified in Information
Sheet ITC 12.1, subject to changes arising from Contract negotiations.
The commissions and grants paid at the conclusion of the Agreement, paid or due to
an agent or any third party in connection with the performance of the Agreement and the
preparation or submission of this Offer, are listed below:
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69
{In case of non-payment or non-promise, add the following statement: “There are no fees or
grants that we are obligated or paid to agents or any third party in connection with the
execution of this Offer and Contract.”}
We understand that you are not obligated to accept any Offer you receive.
Regards,
_________________________________________________________________
Signature (Authorized representative of the Consultant) { Full name and initials} :
Full Name: { enter full name of authorized representative }
Title: {enter the title/position of the authorized representative }
Name of Consultant (name of company or joint venture):
Task: {indicate in what capacity the person signed on behalf of the Consultant}
Address: {enter the address of the authorized representative }
Phone/fax : {Enter the authorized representative's phone number and fax number if
available }
E-mail: { enter the e-mail address of the authorized representative}
{For a joint venture, all members or only the lead member/advisor must sign; In this case, a
power of attorney authorizing signing on behalf of the members is added}
69| P a g e
.
FORM FIN-2A COST SUMMARY
(LUMP PRICE CONTRACT - RECONSTRUCTION PROJECT DESIGN, PREPARATION OF TENDER DOCUMENTS AND
TENDER PHASE)
Cost
{Consultant should specify Costs proposed in accordance with Information Sheet ITC 16.4 and
delete unused columns.}
Pen
{ Add currency #1 { Add currency if { Add currency if { Add local currency if
} used # 2 } used # } used and/or required
(Information Form 16.4 }
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73
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FORM FIN-2B COST SUMMARY
( TIME BASED AGREEMENT – CONSTRUCTION CONTROL CONSULTING SERVICES)
Cost
{Consultant should specify Costs proposed in accordance with Information Sheet ITC 16.4 and
delete unused columns.}
Pen
{ Add currency #1 { Add currency if { Add currency if { Add local currency if
} used # 2 } used # } used and/or required
(Information Form 16.4 }
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75
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FORM FIN-3A DISTRIBUTION OF FEES
(LUMP PRICE CONTRACT - RECONSTRUCTION PROJECT DESIGN, PREPARATION OF TENDER DOCUMENTS AND
TENDER PHASE)
When a lump sum is used for contract transfer, the information to be provided in this form is only used to show the basis for calculating
the ceiling value of the Contract, to calculate the relevant taxes in contract negotiations and to pay the Consultant for possible
additional services requested by the Administration when needed. This Form is not to be used as a basis for payments under lump-sum
contracts.
A. Pricing
Key Experts
K-1 [House]
[Field ]
K-2
Non-Key Experts
N-1 [House]
N-2 [Field ]
Total cost
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77
A. Pricing
Key Experts
K-1 [House]
[Field ]
K-2
Non-Key Experts
N-1 [House]
N-2 [Field ]
Total cost
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Appendix A. Financial Negotiations - Breakdown of Remuneration Rates
NOT APPLY
1. Examining Remuneration Rates
1.1. Compensation rates consist of salary or a basic wage, social costs, overheads, profit,
and bonus or allowance payable for duties away from headquarters or main office. A
Sample Form is attached to ensure the distribution of the ratios.
1.2. If the RFP only requires submission of the technical proposal, the Sample Form is used
by the selected Consultant to prepare for Contract negotiations. If the RFP requires
submission of a financial proposal, the Sample Form is completed and attached to FIN
3. The agreed distribution table (in negotiations) will form part of the negotiated
Contract and will form part of Annex D or C.
1.3. In negotiations, the firm should be prepared to disclose its audited financial statements,
verify its rates, and acknowledge that proposed rates and other financial matters are
subject to review. The administration is responsible for the supervision of government
funds and is expected to be prudent in their expenditure.
1.4. The details of the ratio are discussed below.
(i) Salary is the regular and cash salary or salary paid to the individual in the main
office of the firm. Salary does not include bonuses or rewards for decentralized
work (except where these are included under law or government regulation).
(ii) Bonuses are normally paid out of profits. Bonuses should normally not be added
to "Salary" but should be displayed separately to avoid double counting. Where in
the consultant's accounting system the ratio of social costs and overheads is based
on total income, including bonuses, these ratios are adjusted downwards
accordingly. The profit element does not need to be adjusted downwards where
national policy requires 13 months of payment for 12 months of work.
Discussions about bonuses will be supported by moderated and confidential
documents.
(iii) Social expenses are costs associated with non-monetary benefits and include,
inter alia, social security (including pension, medical costs and life insurance
costs) and paid sick leave and/or annual leave. In this sense, paid leave taken on
public holidays or annual leave taken during an assignment is not considered as a
social expense unless it is substituted by an expert.
(iv) Permit Cost The principles for calculating the cost of the total number of days of
annual leave as a percentage of the basic salary are as follows:
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Chapter 4 – Financial Proposal – Standard Forms
Note that leave can only be considered a social cost as long as the
Administration does not have to pay for the days off .
(v) Overheads are operating costs that are not directly related to the performance
of the assignment and are not reimbursed as separate items under the contract.
Typical items are home office costs (unbilled time, time spent by senior staff
monitoring the project, rent for headquarters, support staff, research, staff
training, marketing, etc.), cost of staff not assigned to currently revenue
generating projects, taxes on business activities, and business promotion
costs. . Financial statements that have been audited and confirmed by an
independent auditor to be accurate and to support the general expenses of the
last 3 years, a detailed list of the items that make up the overheads, and the
ratio of each to the base salary should be available for discussion during the
negotiations. The administration pays social costs, overheads, etc. for
specialists who are not permanent employees of the firm. does not accept any
margin that can be added for. In such a case, the Consultant has the right to
reflect only administrative costs and fees associated with monthly payments to
subcontracted experts.
(vi) Profit is usually determined by the sum of salary, social costs and overheads. If
a regularly paid dividend is listed, a corresponding reduction in the element of
profit is expected. No profit is allowed for travel or other reimbursable
expenses.
(vii) Per diem or bonus or subsistence cost for being away from the home office.
Some Consultants pay subsistence to specialists working outside the
headquarters or home office. These per diems are calculated as a percentage of
salary (or wage) and do not generate overhead or profit. Such subsistence may
in some cases come with social costs as required by law. In this case, the
amount of this social cost should be stated under social costs and net per diems
should be stated separately.
UNDP's standard wages by country can be used as a reference for determining per
diems.
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Sample Form
This form is not valid.
Advisor: Country:
Mission: Date:
Herewith, we:
(a) that the base salaries set forth in the accompanying table are drawn from the firm's
payroll records and reflect the Consultant's current salaries, increased under the Consultant's
normal annual pay increase policy applicable to all experts;
(b) that faithful copies of the latest salary statements of the named experts are attached;
(c) that the below-mentioned out-of-centre study allowances are accepted by the Consultant
in response to the relevant assignment of named experts;
(d) the factors listed in the accompanying table for social wages and overheads are based on
the firm's average cost experience for the last three years as given in the firm's financial
statements; And
(e) confirms that such factors for overheads and social fees do not include any dividends or
other means of profit-sharing.
[Advisor's Name]
Name:
Title:
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Chapter 4 – Financial Proposal – Standard Forms
Employee one 2 3 4 5 6 7 8
Base Pay Rate Recommended Recommended
Social General Fixed Fee per
per Profit2 Home Office Fixed Fee per
First Name Position Expenses Subtotal
Month/Day/Year Fees 1 1 Allowance Month/Day/Hour Month/Day/Hour
Worked Worked Worked 1
Home Office
Country of Administration
{* if more than one currency is used, please use additional table(s) for each currency. }
1. Given as a percentage of Base Salary
2. Given as a percentage of 4.
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Chapter 4 – Financial Proposal – Standard Forms
B. Reimbursable Expenses:
Description text:
At the request of the administration, a "subsistence" is paid for each night spent away from the expert's own residence. The
administration may set a ceiling amount.
FORM FIN-4B DISTRIBUTION OF REFUNDABLE EXPENSES
( ( TIME BASED AGREEMENT – CONSTRUCTION CONTROL CONSULTING SERVICES)
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Chapter 4 – Financial Proposal – Standard Forms
B. Reimbursable Expenses:
Description text:
At the request of the administration, a "subsistence" is paid for each night spent away from the expert's own residence. The
Administration may set a ceiling amount.
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Section 5. Eligible Countries
Regarding ITC 6.3.2, the companies in the short list where goods and services from existing
companies from the following countries are excluded from this selection have been submitted
to the information of the consultants.
1. Aim
1.1 The Bank's Anti-Corruption Manual and these additional provisions shall apply to the
tenders held within the scope of the Bank's Investment Project Financing operations.
2. Requirements
2.1 In accordance with the policy adopted by the Bank; Borrowers (including beneficiaries of
bank finance); bidders, consultants, contractors and suppliers, subcontractors,
subconsultants, service providers or suppliers, their representatives (disclosed or
undisclosed) and their employees; Observe the highest ethical standard during the
tendering process and performance of Bank-financed contracts; not to engage in acts of
fraud and corruption; wants.
1
For the avoidance of doubt, a sanctioned party's prohibition of contracting includes, but is not limited to, the following: (i) preliminarily,
either directly or as a designated subcontractor, commissioned consultant, commissioned manufacturer or supplier, or commissioned
service provider with respect to that contract. applying for qualification, expressing interest and bidding for a consultancy service; and (ii)
making an addendum or amendment to an existing contract that would materially change it.
2
A commissioned subcontractor, commissioned consultant, commissioned manufacturer or supplier, or commissioned service provider
(different names are used depending on the tender document), (i) a bidder because he adds specific and critical experience and knowledge
that will enable the bidder to meet the qualification requirements for the relevant contract. A party included in the prequalification
application or proposal by the Company or (ii) appointed by the Borrower.
3
In this context, inspection activities are inherently interrogative (ie based on forensic research). It includes investigation activities carried
out by the Bank or its designated persons to address specific issues related to investigations / audits, such as assessing the truthfulness of a
potential fraud and corruption claim through appropriate mechanisms. Such activities include, but are not limited to: accessing and
examining a firm's or individual's financial records and information, and obtaining copies of them where necessary; accessing (whether
hard copy or electronic copies) of other documents, data and information deemed necessary for the investigation / audit; interviewing staff
and other relevant persons; performing physical inspections and site visits; and have information verified by third parties.
Chapter 7. Job Description
CHAPTER 7.
FOR CONSULTING SERVICES FOR RECONSTRUCTION DESIGN OF
EDUCATIONAL BUILDINGS
LUMP PRICE AGREEMENT
JOB DESCRIPTION
(REF:NDRM1-WB-DH-06A )
activities within the scope of the Project and (ii) as part of the MEB education building design
standards to be applied for the reconstructed educational buildings, there is no gender
discrimination in the design of educational buildings. areas will be considered.
3. SCOPE OF SERVICES
A large part of Turkey is at risk of earthquakes. On October 30, 2020, a 6.9 magnitude
earthquake occurred in the Aegean Sea and severely affected the Izmir region, the third
largest urban area and economic center of Turkey. A rapid damage assessment conducted by
the World Bank estimates a preliminary economic loss in excess of US$900 million (or the
equivalent of 0.12% of Turkey's 2019 GDP) due to direct damage from the earthquake.
Accordingly, 26 education buildings and their annexes in İzmir have been prioritized for
reconstruction considering the continuing seismic risk in İzmir.
The consultant should prepare the detailed designs of (i) 26 education buildings and annexes
in accordance with Turkish and international standards, and technical requirements and
special functions of the units, as well as all architectural, structural, mechanical, (ii) prepare
technical specifications, Unit Price Lists (BoQs), site-specific Environmental and Social
Management Plans (ESMP) and bidding documents for civil works.
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Chapter 7. Job Description
common use of existing buildings that will not be demolished and buildings to be
reconstructed will be considered (construction of additional buildings adjacent to old
buildings, establishing connections between them, etc.).
Plan studies should be made for the needs of each public building and a report for
these needs should be submitted to the Employer prior to the design work in Phase I.
In these studies, the relevant management personnel of public buildings will be visited
to determine the needs of each building. Links and relationships between existing
blocks (if any) and buildings to be reconstructed should be explored. The requirements
of local governments, especially municipalities, will be taken into account. Sports
center/hall, conference hall etc. for the facilities to be rebuilt. feasibility studies can be
done.
Structural designs should offer economic solutions in accordance with the "Turkish
Building Earthquake Code" published in the Official Gazette in March 2018.
Landscape planning should be designed as the most efficient settlement that includes
playgrounds, recreation areas. In addition, the layout should have appropriate designs
for auxiliary systems. In addition, for field studies; drainage and appropriate lighting
systems should be considered to prevent lighting pollution.
Mechanical designs should consist of economical, energy and water efficient systems
and have appropriate connections with other relevant city infrastructure systems.
Electrical designs should include well-organized installations within the concrete
works to minimize potential negative effects on the structural system of the buildings.
Weak current installations such as data cables, projector connections, and fire alarms
should be considered, and UPS wiring should also be provided.
In accordance with the function and educational purposes of public buildings, the
work required for the supply of equipment such as smart boards, independent speakers
for classrooms, main UPS for computers should be integrated into the design and
specifications.
Design and specifications should be free from internal contradictions.
Non-structural elements in terms of manufactures and detailed drawings for
installation should be considered in the designs.
Special attention should be given to health and safety issues, fire safety requirements,
accessibility for the disabled, traffic regulations, infrastructure for zero waste, and
environmental considerations. The materials to be used in the buildings should be
preferred as containing recycled content or as recyclable, harmless to the environment,
economical and long-lasting.
As any delay in the preparation and completion of the designs and related documents will
directly affect the planned start date and construction period for the construction works, the
Consultants will prepare all designs and documents with due care and diligence during the
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stipulated times to avoid any delays. And these designs will be prepared taking into account
the demands of the Relevant Authorities in order to secure the intended use of the Facilities.
4.1.1.1. Data Collection Phase
Before starting the design work, the Consultants will be responsible for collecting the
available inputs and inspecting the construction sites together with the documents and
information in order to make the necessary analysis and evaluations.
From the consultant, the necessary inputs and cadastral documents [deed, maps, cadastral
summary, building permits, building occupancy permits, plans, surveys, etc. - (deed, diameter,
sketch, direction survey, position survey) are required to examine the construction areas and
make the necessary analyses, evaluations and design. plan, etc)] is expected to collect. In
addition, the consultants will prepare designs considering the requirements and needs of the
relevant institutions in order to secure the intended use of the Facilities.
During the data collection phase, the consultant will match and compare the cadastral records
with the existing layout and (if) any discrepancies identified will be reported to the Employer,
including alternative solutions. If it is found that the analysis and evaluation of any public
building does not meet the above-mentioned requirements of the Relevant Institutions or
relevant Authorities due to some cadastral, municipal or other issues, the Employer has the
right to replace the public buildings with new ones in order to ensure the final design of the 26
educational buildings and annexes, taking into account the efforts made by the consultants. .
Field geotechnical studies will be initiated by the Consultant accordingly. At the end of the
design phase, the consultant will submit a final drawing of the 26 training structures and add-
ons.
The Consultant will be responsible for the completion of all required geotechnical works
without any additional payment. The consultant will conduct a new geotechnical research
with field studies, ground tests, laboratory tests and will prepare the new geotechnical report
(for public buildings to be built) in accordance with the current specifications and regulations
in the format and content of the Ministry of Environment and Urbanization in Turkey and the
reports prepared. It will be approved by the Chamber of Engineers.
Before field surveys, soil tests, laboratory tests, the Consultants inform the Employer in
advance and obtain the Employer's approval for the location of new boreholes. The
Consultant will ensure that all activities related to the above field surveys are carried out
according to environmental best practices to avoid related impacts.
The consultant firm will make calculations, reports and projects within the framework of the
legislation, taking into account the current fault line maps, liquefaction risk, flood area,
landslide risk, etc.
4.1.1.2. Concept Design Phase for Original Projects, On-Site Application and
Planning for Type Projects
Consultants will prepare Concept Designs of Public buildings, taking into account Turkish
and international standards and relevant regulations, and as a result of orientation, field
research and negotiations with the Employer and relevant Authorities. After that, the
Consultant will submit the concept designs of public buildings to the Employer for approval
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Chapter 7. Job Description
(at 1/500 or 1/200 scale). The concept design will include, as a minimum, the following. The
works for the school buildings to be used in the type project will be based on the architectural
sheets to be provided by the Administration and will include updating the existing ones, if
any, from the works detailed below.
1. Site Layout : Preliminary site planning, including essential security, locations of
public buildings, site access, and major seismic resistance concepts, alternative
architectural layouts to meet site conditions, functional and utility needs.
2. Indoor Layout : Basic planning of the interior spaces of public buildings, balances
between functional areas and safety requirements, in addition to the required number
of classrooms, library, laboratories, multi-purpose hall, gym, music hall, infirmary,
social facilities, etc. consideration of needs.
3. Exteriors : Front views of all façades and sketches showing the concept building
volume.
4. Main Construction Drawings : Taking into account the technical requirements,
applicable local and international standards (structural, architectural, mechanical,
electrical, electronic and communication, infrastructure, shoring and landscape
drawings, etc.), in accordance with the relevant standards and the new Turkish
Earthquake Code, a seismic event Preparation of all relevant major construction
drawings that ensure the seismic resistance of both structural and non-structural
components of buildings in the event of an accident.
5. Cost Estimation : Based on the findings and information obtained during the site
visit, the Consultant will prepare a basic construction cost analysis and a "Market
Survey" for the design concept.
6. Infrastructure Services : All existing off-site and on-site infrastructure connections
will be defined. All additional off-site and on-site infrastructure connectivity needs
will be identified, including infrastructure services used and connected, and any other
infrastructure services that need to be developed as part of this project.
7. Site Visit Report : A written narrative report will be prepared with appropriate visual
materials, taking into account the feasibility of the project, specific problems and
opportunities. The structural and physical condition and location of the existing
perimeter walls (retaining walls, etc.) surrounding the public building garden will be
checked, evaluated and reported. In addition, neighboring structures surrounding the
public building gardens will be visually inspected and (if) possible risks associated
with these structures during demolition and excavation work are identified, necessary
measures will be reported and taken into account during designs.
8. Landscaping : A completed area program extended to the total gross area. Landscape
planning, playgrounds, recreation areas, etc. It should be designed as the most efficient
arrangement involving areas.
The needs of the disabled (TS 9111) will be considered in all designs.
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The Employer may ask the Consultant to revise designs or submit an additional design to
reflect comments and recommendations. This happens as part of the normal development of
the project and does not constitute an additional cost to the Employer. Finally, the application
for concept design and type projects will be selected from the presentations and approved by
the Employer for improvement and development.
4.1.1.3. Preliminary Design Phase
Within the scope of this stage, the Consultant provides the site plans and preliminary designs
(architectural, structural, mechanical, electrical) of the 26 educational buildings and annexes
selected from the list, taking into account the existing service units, and the on-site and off-
site infrastructure connections (road, passages, electricity, communication, water supply,
sewerage, storm water, natural gas, etc.) together with the preliminary design and submit it to
the Employer for approval (at 1/200 or 1/100 scale). This presentation will also include a
detailed preliminary design phase report giving full details of the studies. At this stage, the
Consultant will submit the 3D visuals of the exterior designs of the building together with the
alternatives for the approval of the Employer. The employer reserves the right to accept or
reject studies.
The Consultants will also collect relevant data, contact the relevant Authorities and obtain
preliminary approvals for the preliminary designs of the infrastructure connections of the
buildings in question before submitting the designs to the Employer's approval.
After the employer's approval, the Consultants will have the approval/consent of the relevant
Authorities and/or their local branches (Municipalities for construction permit, Fire Brigade
for fire protection, Transportation Directorate for traffic, etc.) to proceed to the final design
stage. In case of any requests other than the additional requests of the Employer from the
relevant Authorities after the approval of the Employer, the Consultant will follow the
necessary procedures and provide the necessary studies without incurring any additional cost
to the Employer.
4.1.1.4. Final Designs and System/Detailed Drawing Phase
Consultants, in accordance with the approved preliminary designs, all architectural, structural,
electrical, mechanical, communication and informatics, fire protection, elevator, heating
(natural gas), lighting, air conditioning, infrastructure connection, landscaping, shoring, etc.
will prepare the final designs and system/detailed drawings for the components and submit
them to the Employer's approval, together with the necessary calculations, reports and
application details, taking into account the technical requirements and international and
national specifications (e.g. "Turkey Building Earthquake Earthquake" published in the
Official Gazette in March 2018 . The latest regulations on thermal insulation, disabled access
in accordance with building regulations, including the latest version of the Building Energy
Performance (BEP) Regulation " and the latest version of the Building Energy Performance
(BEP) Regulation). Architectural drawings submitted should be accompanied by a complete
finishing list. The materials and equipment defined in the finishing list should not appeal to a
single brand and must be supplied from at least three brands, preferably national products,
within the required quality standards.
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Consultants are required to conduct the necessary field surveys and mapping for a complete
final design of the buildings' infrastructure connections to existing city systems (road,
electricity, telephone, water supply, sewer, rainwater, natural gas, etc.). During the final
design work, the consultants will ensure that none of the infrastructure links require additional
land acquisition that could trigger the World Bank's safeguards policy on Involuntary
Resettlement ( OP 4.12) . The Consultants will have obtained the approval/consent of the
relevant Authorities and/or their local branches before submitting the final infrastructure
connection designs to the Employer's approval.
In addition to these details, the Consultants will also prepare detailed drawings of children's
playgrounds for public buildings and simple and low-cost landscaping of the sites in
accordance with the latest regulations and standards. Such facility drawings should also
consider accessibility for children/people with disabilities.
Detailed drawings of non-structural elements and installation should be considered in final
designs.
During the preparation of infrastructure designs, piping for sewer connections should allow
gravity flow without the need for a pump. For this purpose, all necessary information should
be collected from the relevant authorities and included in the designs according to the site
conditions. The final design should include the economical solution in terms of transportation
and commissioning costs. In addition, the design should include security arrangements for
infrastructure elements, such as detection tapes. In addition, the necessary details regarding
the foundation insulation, the calculations of the fasteners for the piping and the details of
their location should be reflected in the designs.
Most of the buildings to be demolished and rebuilt are located in city centres. For this reason,
the Consultant will calculate the slope stability and ensure safety for the areas to be
excavated, taking into account the geotechnical report to be prepared in accordance with the
regulations revised by the Ministry of Environment and Urbanization General Directorate of
Construction Affairs. The consultant considers the groundwater level, temporary or
permanent structures (drainage and groundwater lowering, foundation pile or micro-
foundation pile, retaining wall, ground anchor, diaphragm wall, etc.), taking into account the
effects of surrounding structures and machinery due to unsafe foundation excavation during
work. will take the necessary measures to avoid causing any damage.
4.2 ACTIVITIES RELATED TO ENERGY EFFICIENCY
Based on the template provided under Turkey's "Building Energy Performance" regulation,
energy performance certificates (EPCs) should be prepared and issued to show the level of
improvement.
4.3 IDENTIFICATION OF ENVIRONMENTAL AND SOCIAL RISKS AND
ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) PREPARING
THE
The World Bank ( WB ) Functional Principles (OP)/Bank Procedures (BP), OP 4.01 on
Environmental Assessment (EA) triggered by the project, require that the impacts of school
reconstruction be identified along with appropriate mitigation and monitoring measures. An
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Environmental and Social Management Framework ( ESMF) was prepared by the MoNE to
fulfill the above and announced to the public on April 1, 2019
(https://iegm.meb.gov.tr/meb_iys_dosyalar/2019_04/01131358_National_Disaster_Risk_Man
agement_Project-ESMF-Final_Document.pdf). This Environmental and Social Management
Framework (ESMF) provided information on potential environmental, occupational health
and safety and social impacts, as well as guidelines and procedures for managing these
impacts. The Environmental and Social Management Framework (ESMF) also includes an
Environmental and Social Management Plan (ESMP) checklist to be used by the consultant in
the preparation of site-specific Environmental and Social Management Plans (ESMP) for
school reconstruction activities.
The ESMP checklist, which will be a part of the Environmental Social Management Plans
(ESMP), consists of 3 (three) parts:
Chapter 1 contains an explanatory section that characterizes the project and identifies
it in terms of institutional and legal aspects, the technical content of the project, the
potential need for a capacity building program, and a description of the public
consultation process. Attachments can be added for additional information as needed.
Part 2 contains an environmental and social screening checklist where activities and
potential environmental issues can be checked in a simple Yes/No format. If any
activity/issue is triggered by ticking “Yes”, reference is made to the appropriate
section with management and mitigation measures clearly formulated in the table in
Chapter 3.
Section 3 represents the monitoring plan for activities during project construction and
implementation. It maintains the same format required for the Environmental and
Social Management Plan (ESMP) recommended under normal Bank requirements for
Category B projects. The purpose of this checklist is to include Sections 2 and 3 in
bidding documents for contractors, pricing during the bidding process, and rigorous
supervision during work.
The consultant will conduct an initial assessment of the project sites and will conduct an
initial assessment of the Environmental, Health and Safety (EHS) guidelines prepared by the
MoNE in accordance with national environmental laws and regulations, international good
practices, the World Bank's protection requirements, and the World Bank Group's (WBG's)
Environmental, Health and Safety (EHS) guidelines. and Social Management Framework In
line with the Environmental and Social Management Framework (ESMF) and on the basis to
be determined by the Employer, clustered according to the districts and the construction work
package (reconstruction) for the school buildings in question or site-specific for each
individual school building separately. Prepare and present plans (ESMP).
In accordance with the Social Management Framework Environmental and Social
Management Framework (ESMF), consultants will ensure that if the rebuilding of school
buildings requires new school land, the World Bank's safeguards policy will ensure that
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Chapter 7. Job Description
involuntary land acquisition does not occur that could trigger OP 4.12. In such cases, when
the new school building needs to be rebuilt on a new plot, the MoNE will first make sure that
the new land has not had any involuntary resettlement issues in the past and has not been
previously used by a private person. The consultant will complete the land acquisition
screening checklist as part of the Environmental and Social Management Plan (ESMP).
The consultant will begin the preparation of Environmental and Social Management Plans
(ESMP) immediately after the completion of data collection and detailed assessment of school
buildings. Consultants will finalize the Environmental and Social Management Plans (ESMP)
at the final design stage and the environmental, Occupational Health and Safety (OHS) and
social measures specific to the Environmental and Social Management Plans (ESMP) will be
included in the tender documents for the employment contract and the successful bidder's job
will become part of the contract.
The consultant will submit the draft Environmental and Social Management Plan (ESMP)
within 30 days of the determination of each construction work package and the MONE's
notification of attendance for the preparation of the relevant Environmental and Social
Management Plan (ESMP). Environmental and Social Management Plans (ESMP) will be
reviewed and relevant comments will be provided by MoNE and the World Bank, after which
the Consultant will revise the Environmental and Social Management Plans (ESMP)
accordingly within 5 working days. In addition, the Consultant will update and/or revise each
of these Environmental and Social Management Plans (ESMP) should there be changes as a
result of the school design review that will require additional environmental permit/approval
and/or environmental and social assessment studies.
The consultant should prepare Environmental and Social Management Plans (ESMP) in both
English and Turkish. Consultants will also liaise with MoNE to finalize Environmental and
Social Management Plans (ESMPs) with World Bank approval and allow MoNE to organize
information and consultation with the public and stakeholders that may be affected by
retrofitting and/or reconstruction for Environmental and Social Management Plans (ESMP). it
will help. Each of the Environmental and Social Management Plans (ESMP) prepared will be
made publicly available on the MoNE's website. Hard copies should also be made available to
the public in accessible locations within the project local area and at the contractor/auditor's
offices.
4.4 PREPARATION OF TENDER DOCUMENTS FOR CONSTRUCTION
CONTRACTS
In parallel with the previous stages mentioned above, the Consultants will prepare the
complete bidding documents related to the construction contract in accordance with the World
Bank's applicable Procurement Regulations and Standard Tender Documents. Tender
documents, including, but not limited to, Contract Conditions, Bid Form, Technical
Specifications, Unit Price Lists (BF), final designs, system/detailed drawings, specific
environmental, Occupational Health and Safety (ESMP) in Environmental and Social
Management Plans (ESMP). OHS) and social harm reduction measures, etc. will include.
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The consultants will prepare the tender documents in close cooperation with the Employer
and with due care and attention. None of the items in these documents will conflict with each
other and all material properties will comply with Turkish and/or international standards.
Administrative specifications will be prepared in accordance with the formats given by the
Employer.
Consultant prepares designs, plans, technical specifications, Unit Price Lists (BF) ,
Environmental and Social Management Plans (ESMP), tender documents etc. and all
additional documents, detailed designs, should be prepared in such a way as to minimize the
need for modification instructions during the construction phase.
The Consultant is present in documents, reports, etc., as can be approved by the Employer at
various approval stages. make reasonable changes.
4.5 PROPOSAL EVALUATION / CONTRACT (CONSTRUCTION CONTRACT)
SIGNING SUPPORT
Upon completion and approval of the above-mentioned design studies, Environmental and
Social Management Plans (ESMP) and bidding documents, prospective Contractors will be
invited by the Employer with a notice to submit bids in accordance with the standard tender
documents form.
Consultants will be responsible for assisting the Employer in obtaining all necessary
documents for contractors' questions regarding construction activities during the bidding
phase.
MoNE will be responsible for tender evaluation.
During the above-mentioned processes, the Consultant may be slow to act, delay, neglect, etc.
will be liable for any negative consequences resulting from it.
4.6 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
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faced with a legal sanction, it will recourse to the Contractor, without prejudice to its
other rights.
In the event that the contract with the Contractor is terminated or liquidated, the
Ministry of National Education may have the projects completed in the remaining part
of the project work without the need for any notice or permission regarding copyright.
Contractor's transfer and/or consent letters regarding the intellectual and/or industrial
property rights or the rights on the work resulting from the service shall be notarized
to the Ministry of National Education at the stage of signing the contract.
5. DELIVERY
shall prepare and submit to the Employer various reports, drawings and documents specified
in the ToR or extracted from this ToR with respect to the various components of the Projects
as described in the ToR .
These reports, drawings and other documents relate to various aspects of the Consultants'
Services, including but not limited to;
Concept Design and Type Project Application Phase
Preliminary Design Phase
Final/Detailed Design Phase
Environmental and Social Management Plans (ESMP) (with land acquisition
checklists if redevelopment takes place on a new plot)
of Tender Documents, Technical Specifications ( including Unit Price Lists (BF) and
cost estimates)
The Consultants shall prepare and provide a satisfactory report to the Employer each calendar
month, including all information regarding the progress of the Studies, the actual scope and
nature of the Works completed, and, where appropriate, color progress charts and photographs
containing documentation proving details of any delay in the Works. The Consultants will
also make clear in the report whether delay at any stage of the Studies (if any) will result in
any delay in the completion of all Studies.
The report shall be submitted to the Employer by the tenth day of the following month. Any
comments of the Employer regarding the report will be reviewed and the report will be
amended and resubmitted to the Employer within 7 (seven) calendar days.
Requirements for submission of reports, drawings and other documentation are given below.
Reports will be prepared in both Turkish and English languages. Metric weight and measure
system will be used.
The submission procedure should be as follows:
a. General
Report Format: A4 or A3, including drawings reduced to A3 size where appropriate.
Format of Drawings: A1 and/or A0 size.
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A draft copy of all reports (Turkish 2, English 2) will be submitted to the Employer for
discussion in advance, after which the Consultants will be asked to prepare the final copy
containing the changes obtained from these interviews.
b. Design period for studies:
Portable Memory
Number of report/drawing copies Turkish English (English and
Turkish)
o one one 2
n Energy Efficiency Certificate
e
2 Concept Design Phase one one 2
3 Preliminary Design Phase one one 2
4 Final Design Phase one one 2
5 Environmental and Social one one 2
Management Plans Reports
6 Tender Documents, Unit Price Lists one one 2
(BF), Technical Specifications
The originals of the drawings to be submitted to the employer are not included in the above
number of copies.
Documents and reports not mentioned above but stated or implied in the contract will be
submitted in 1 copy each in Turkish and English.
Regarding the ongoing phases of Consultant Services, the delivery requirements given above
indicate the types of documents that will be required by the Employer in the performance of
the Services. However, the Consultant shall ensure that all reports, drawings, documents, etc.
will be included in the fee. However, the Employer may change such requirements during the
Services to be performed.
If additional copies are required to those listed above or in this ToR, they will be
provided by the Consultants at the cost of duplicating such documents, reports or drawings. In
addition, once the reports and " as built" drawings are completed by the Contractor, they will
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be made available to the Employer in one (1) set of Portable Memory Sticks and in an
Employer-acceptable software format that is uploaded to a cloud system accessible only to the
Employer. Each copy shall be durably bound in a volume or bindings, depending on the
volume, and the transparent copies shall have a suitable protective cover/box. All copies will
be labeled in accordance with the Employer's needs.
Upon completion of the Studies and Material Procurement, the Consultants shall deliver to the
Employer the original copies of all correspondence, documents, test results and drawings
related to the Services and the Works, with indexes in files and formats acceptable to the
Employer and in archived form. Consultants will keep copies of documents.
6. TIMELINE
During the design period, it should be taken into account by the Consultants that the
designs/details/calculations/reports/specifications and other documents submitted to the
Employer for approval will be reviewed by the Employer and approved within 15 calendar
days or returned for revision and/or resubmission. With each submission, the approval process
will start again.
Consultants will deliver all documents on time to complete the services on time without any
delays. Below is a tentative timetable for the completion of consultants' services for the
various parts of the project;
STAGE I
For Design Studies:
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Consultants will deliver all documents on time to complete the services on time without any
delays. The timeline for the completion of the consultants' services for the various parts of the
project is given below;
For Type Projects;
On-Site Application and Planning for Type Projects: Services related to this will
be completed within 30 calendar days from the date of signing the Contract,
Reports Based on Energy Performance Certificate: Within 60 calendar days from
the contract signing date,
Preliminary Design Phase: Services related to this phase will be completed within 60
calendar days from the date of signing the Contract,
Final Designs and System/Detail Drawing Phase: The consultants will complete the
work related to this phase within 90 calendar days from the date of signing the
Contract,
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Team Structure
Successful fulfillment of the scope of service, similar civil engineering works; architectural
works, Mechanical Installation Works (MEP) works, Energy Efficiency, infrastructure /
superstructure flexibility and disaster risk reduction; construction methods engineering;
environmental, social, occupational health and safety and community health and safety
reduction; Requires professional competence in construction and contract management and
related fields.
The key professional staff of the consultant team is expected to include a combination of
international and/or Turkish experts.
Consultant, engineering design, infrastructure/superstructure flexibility and construction
quality; will create a team that can implement an integrated approach to achieve the desired
results in terms of reducing technical, social and environmental risks and getting value for
money.
The consultant must provide sufficient personnel and necessary equipment/services in terms
of expertise and time allocation to complete the activities required within the scope of the
work and to achieve the objectives of the project in terms of time, cost and quality.
The team will hold the following key positions (or an equivalent combination of expertise) as
a minimum:
General Management of the Contract
Project Manager - Senior Civil Engineer / Senior Architect (experienced in the design
and/or construction of school buildings and projects financed by the International
Finance Corporation (IFI))
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Architect
Infrastructure Engineer (Civil/Environmental Engineer)
Mechanical engineer
Electrical engineer
This core team will be supported by other professionals recommended by the Consultant. In
addition, the proposed experts should clearly state their roles in the contract as
long-term/short-term and senior/junior so that it can be clearly understood which wage rate in
the budget breakdown applies to which expert.
All personnel should be independent and not have a conflict of interest regarding the
responsibilities assigned to them. The selection procedures used by the consultant to select
other staff members should be transparent and based on predefined criteria, including
professional qualifications, language skills and work experience. It should be noted that civil
servants and other personnel of the public administration in Turkey cannot be recruited as
experts unless prior written approval is obtained from the employer . As the final reports will
be prepared in both English and Turkish, the Consultant may consider having a translator on
the team or suggest a suitable alternative for reliable and high quality translation.
The following list provides more details on the required qualifications for core team positions:
The Project Manager will be responsible for the overall management of the Project. (i)
Bachelor's degree in Civil Engineering or Architecture (ii) at least 10 years of professional
experience (iii) at least 5 years of working experience in the management of projects funded
by International Financing institutions, (iv) experienced in the design and/or construction of
school buildings (1 piece)
Civil/Structural Engineer , (i) Bachelor's degree in Civil Engineering (ii) at least 8 years of
professional experience and at least 3 years of job-specific experience (iii) Master's and/or
PhD in Structural/Seismic Engineering. (2 pcs)
Energy Efficiency Engineer (i) Bachelor's degree in Mechanical/Electrical Engineering (ii)
at least 8 years of professional experience and at least 3 years of job-specific professional
experience (iii) Certificate from the Ministry (1 piece)
Infrastructure Engineer (i) Bachelor's degree in Civil/Environmental Engineering (ii) at
least 8 years of professional experience and at least 3 years of job-specific experience (1 unit)
Architect - (i) Bachelor's degree in Architecture (ii) at least 8 years of professional
experience (iii) school building reconstruction design experience (2 units)
Mechanical Engineer - (i) Bachelor's degree in Mechanical Engineering (ii) at least 8 years
of professional experience (iii) school building reconstruction design experience (1 unit)
Electrical Engineer - (i) Bachelor's degree in Electrical Engineering (ii) at least 8 years of
professional experience (iii) school building reconstruction design experience (1 unit)
Occupational Health and Safety Specialist , responsible for managing and monitoring
occupational health and safety, environmental and social impact mitigation measures included
in environmental and social management plans (ESMP), and conducting risk assessments to
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identify and mitigate relevant Occupational Health and Safety (OHS) risks during
construction will be. These personnel will be employed in accordance with Law No. 6331 for
Health and Safety regulations and will have a Class B Certificate. Occupational Health and
Safety (OHS) Specialist (i) has an advanced degree in a related discipline (eg construction,
environment, mechanical engineering, Occupational Health and Safety (OHS), etc.), (ii)
Occupational Health and Safety (OHS) and (iii) a good understanding of the World Bank
Group safeguards policies and procedures, the World Bank Group Environmental Health and
Safety Guidelines or other relevant internationally acceptable standards. (1 piece)
The Environmental and Social Specialist will be responsible for ensuring that
Environmental and Social Management Plans (ESMP) are prepared in accordance with
national environmental laws and regulations, international good practice, World Bank
protection requirements and World Bank Group Environmental, Health and Safety guidelines.
Environmental and Social Expert/Specialist; (i) Bachelor's degree in Environmental
Engineering , (ii) at least 5 years of professional experience; (iii) cooperation in the local
context and with international funders/agencies such as the World Bank(WB)/International
Finance Corporation(IFC)/European Bank for Reconstruction and
Development(EBRD)/European Union(EU)/French Development Agency(AFD) and the
United Nations It is expected to have at least 3 years of work experience in the
management/preparation of Environmental and Social Impact Assessment
(ESIA)/Environmental and Social Management Plans (ESMP) studies and (iv) at least two
work experiences involving similar duties. (2 pcs)
Other experts, support staff, and support
The consultant will select and recruit other specialists (geological engineer, GIS specialist,
soil specialist, landscape architect, etc.) required for the preparation of Environmental and
Social Management Plans (ESMP). However, the technical evaluation will be based on the
qualifications of the key experts.
All professionals must have as a minimum a university degree, at least five (5) years of work
experience, fluent English and proven experience in the field(s) relevant to their project, and
work experience in Turkey will be an advantage.
The costs of support and ancillary personnel should be included in the consultant's financial
proposal. The consultant should also provide sufficient number and quality of administrative
staff (e.g. secretaries, translators, translators, accountants, document control officers, etc.) and
technicians/junior engineers necessary to support the expert team in order to ensure the
quality of all its activities and outputs.
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CHAPTER 7.
FOR CONSULTING SERVICES FOR SUPERVISION OF RECONSTRUCTION OF
EDUCATIONAL BUILDINGS
TIME BASED AGREEMENT
JOB DESCRIPTION (TOR)
(REF: NDRM1-WB-DH-06B )
Turkey is exposed to a wide variety of natural disasters, including earthquakes, landslides and
floods. Earthquakes, which have occurred approximately 76 times since 1900, have caused
90,000 deaths, affected a total population of 7 million, and caused the largest loss of life and
economic loss compared to natural disasters, with a direct economic loss of 25 billion USD.
About half of the casualties were caused by two earthquakes in 1939 and 1999 on the North
Anatolian Fault. The death toll in the 1999 Marmara earthquake, which affected 10 cities in
the Marmara Region, where approximately 35 percent of Turkey's GNP is produced, was over
18,000, and its direct economic impact is estimated to be 5 billion USD (2.5 percent of GNP).
is being done. Although causing less casualties, floods and landslides are frequent disasters
that cause local losses. Current and anticipated climate change impacts, such as increased
precipitation intensity and sea level rise, are expected to lead to increased risks of natural
disasters, including more frequent and intense flooding and other extreme weather events, in
low-lying areas of river deltas and coastal cities. Earthquakes around the world and in Turkey
have shown that schools are particularly vulnerable to damage or destruction, which puts the
lives of children and teachers at risk and impedes the provision of quality education.
Turkey's Climate Change Action Plan (2011-2023) has identified a series of actions aimed at
increasing national preparedness and capacity to avoid and adapt to the negative effects of
climate change. By submitting the Statement of Intent for National Contribution to the United
Nations Framework Convention on Climate Change in 2015, Turkey will reduce its
greenhouse gas emissions to be achieved through various new policies and measures,
including those related to improving energy efficiency, by up to 21 percent by 2030 compared
to the usual scenario. committed to reducing
The World Bank has played an important role in financing Turkey's large-scale reconstruction
and disaster risk management programs since 1993. The partnership between the Government
of Turkey and the Bank initially focused on post-disaster reconstruction and recovery, while
also providing a platform to support the transition from a reactive to a precautionary
approach. In each subsequent reconstruction project, a larger portion of the funds is devoted
to strengthening Turkey's disaster risk reduction and emergency preparedness capacity.
As part of its 15-year collaboration with the MoNE, the Bank was launched in late 2016 in
Turkey, with a total budget of US$160 million and a four-year implementation period,
financed by the European Commission's Facility for Refugees in Turkey (FRIT). He assumed
the role of manager of the Education Infrastructure Project under Resilience Activities. MoNE
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and the Bank developed the Disaster Risk Management Project in Schools (hereinafter
referred to as the Project) based on the experience gained from the Education Infrastructure
within the Scope of Resilience Activities Project and to scale-up the reduction of seismic risk
in school infrastructure in Turkey.
For the financing of the project, a Loan Agreement amounting to USD 300.00 million
(equivalent to EUR 267.6 million) was signed between the International Bank for
Reconstruction and Development (IBRD) and the Republic of Turkey, which entered into
force in November 2019. The Ministry of National Education (MEB) is responsible for
implementation through the General Directorate of Construction and Real Estate.
Being implemented as the first operation designed with a series of project approaches, the
Project aims to contribute to the Government's target of reducing the seismic risk to the
educational infrastructure and students. Within the scope of the project, it is aimed to
demolish and reconstruct schools with very low construction quality, which cannot be
strengthened. In this way, the Project aims to integrate safety into the education infrastructure
and promote school-based disaster management in a way that minimizes risk while applying
investment efficiency principles to maximize the number of schools at risk that are
structurally intervened.
2. OBJECTIVES OF THE PROJECT
The aim of the project is to increase the safety of students, teachers and staff in selected
schools located in high risk seismic areas in Turkey. This goal will be achieved by reducing
the seismic risk of seismic-proof educational buildings within the scope of the project, and by
increasing the safety of students and staff benefiting from the buildings by providing access to
earthquake-resistant education facilities. Within the scope of the project, it is aimed to
reconstruct 50 educational buildings in 5 years. The project has three main components: (a)
increasing the seismic resilience of schools; (b) increasing institutional and technical capacity
for safer schools; and (c) project management, including monitoring and learning.
With the project, the construction of safer educational buildings in accordance with the
standards will prevent the emergence of new risks against natural hazards and will serve the
purpose of reducing the long-term seismic risk in education buildings.
Modern, earthquake-proof rebuilt and refurbished facilities will also contribute to a better
learning environment that has a positive impact on students' learning abilities. Reconstruction
measures will be complemented by improved energy efficiency, including practically
implemented green and zero-waste building measures, which will result in savings in gas,
electricity and water consumption, thereby reducing the carbon footprint of schools. The
educational buildings to be renovated will also meet the requirements of all applicable
national regulations and laws on shelter, fire, workplace safety, access for the disabled and
similar issues, as well as meeting all standards regarding the materials to be used.
In the detailed designs and implementation of the basic activities, (i) investments in energy
efficiency and adaptation to climate change should be complementary to the construction
activities within the scope of the Project and (ii) as part of the MEB education building design
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The Consultant will collect the necessary documents for obtaining the Construction
Permit from the Municipality , make a preliminary application and assist the
Contractors in obtaining the Construction Permit. The consultant will also sign the
documents to be submitted for the construction permit.
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The Consultants will be responsible for checking all necessary information for the
correct start-up of the works and obtaining additional information from the relevant
authorities and supervising all the start-up works of the contractors before the
Contractors initiate the Works. The boundaries of the existing construction site will
also be compared with the project plan.
The Consultants shall oversee and supervise all aspects of the construction and
installation of the various components of the works to ensure strict compliance with
the drawings and contract documents, subject to the express or confidential terms
contained in any Contract Terms signed between the Employer (Customer) and the
Contractors.
The Consultant will provide sufficient, qualified and experienced personnel to ensure
proper on-site supervision of works and engineering services throughout the
construction period and Defects Liability/Maintenance period.
The Consultant will also be responsible for modifying designs, providing details and
instructing contractors as necessary during the course of the works. Counselors can be
blamed for their slow action, delays, negligence, etc. will be responsible for any
negative consequences that may arise as a result.
If changes to the design are required during the contract, the site manager should be
competent to make such changes.
It will prepare the necessary documents and make preliminary official applications to
obtain the Construction License from the municipality or other relevant authorities.
After the site is delivered to the construction contractor, they will assist the Employer /
Contractor to obtain the Construction License.
The Consultants will be responsible for supervising the demolition, construction and
installation of the Works, as well as inspecting and testing all materials, facilities and
equipment for all work required to be completed both during the demolition and
construction period and during the Maintenance/Defects Liability Period. The
Consultants shall maintain effective liaison with the Employer on all aspects of
demolition/construction/installation, including the Contractor's performance, and then
submit the reports set forth in Section 5 and stipulated in the Contractors' contracts in
a timely manner and in appropriate detail.
Consultants are expected to arrange necessary shifts among their staff to oversee the
work around the clock, if necessary, during the pouring of concrete. Laying of
concrete may be carried out by the Contractor during night hours instead of daily
hours due to traffic or other reasons not permitted by the relevant authorities. In this
case, the Consultant will arrange the employment of personnel according to this
situation without incurring any cost to the Employer and the Contractor.
Consultants are required to arrange an appropriate transportation program for
personnel assigned to surveillance services under the Technical Offer.
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The Consultants shall fully inform the Employer about the cost and time impact or
other consequences of any proposals (correction, advice, etc.). The employer will not
be responsible for the consequences of situations for which he was not informed
beforehand.
The consultant will prepare the energy performance documents (energy identity
document) after the reconstruction works are completed.
It is the Consultants' job to interpret drawings and specifications and to coordinate
with Contractors as necessary to ensure compliance with Contract Documents and
construction/installation schedule.
The Consultant will hold weekly and monthly meetings with contractors, inform the
Employer of the progress of the work and activities, attend meetings reasonably
organized by the Employer, and provide any information or document reasonably
requested by the Employer in any public meeting or investigation that may be held in
connection with the Project.
In the event that similar construction works are supervised by other Consultants at
other sites, the Consultants will cooperate with other Consultants and attend meetings
when requested by the Employer.
The Consultant will take the necessary measures, and will constantly monitor and
supervise the Contractor's activities in terms of environmental, social, occupational
health and safety.
In this context, the most up-to-date Turkish environmental and safety regulations
should be taken into account, especially during the inspection of construction works.
In this context, the Consultant will also be responsible for the supervision of the
Contractors' environmental management practices in the field (waste management,
noise, etc.) and will report to the Employer in monthly progress reports. The
Consultant will have the responsibility of supervising and instructing the Contractor
regarding the applications.
The Consultant will supervise the Contractor on behalf of the Employer to ensure that
all Occupational Health and Safety (OHS) activities are carried out and implemented
in accordance with the relevant Turkish laws and regulations and the measures
specified in the Environmental and Social Management Plan (ESMP). The duties and
responsibilities of the consultant will include:
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ii. To ensure that workers are provided with Occupational Health and
Safety (OHS) training and have complete health records and personal
files in accordance with relevant legal requirements, and to prevent
workers from accessing the work site in case of any non-compliance.
iii. Ensure that an Occupational Health and Safety (OHS) specialist is
available at high-risk work sites (e.g. high piers, confined space, crane
works, excavation works, etc.)
iv. To check the compliance of the equipment/machines in the work areas
with the national standards and to prevent their use in case of
nonconformity.
v. Immediately notify the Employer within 48 hours of any Project-related
incident or accident that has or is likely to have a significant adverse
impact on the environment, affected communities, the public or
workers, including serious health and safety-related injuries and traffic
accidents. Provide sufficient detail of the incident or accident, specify
the immediate measures taken or planned to be taken to address the
incident, and any information provided by any contractor
vi. Attending the contractor's regular Occupational Health and Safety
(OHS) meetings and providing input for necessary improvements
vii. Basic Occupational Health and Safety (OHS) documents (Occupational
Health and Safety (OHS) Law No. 6331, Social Insurance and General
Health Insurance Law No. 5510, Labor Law No. 4857, as well as the
International Finance Corporation (IFC) Environment, Health and
Safety) EHS) Manuals) and check compliance.
The Consultant will ensure that the Contractor's activities comply with the
Environmental and Social Management Plan (ESMP). The Consultant will oversee the
Contractor's implementation of the environmental and social mitigation measures
defined in the Environmental and Social Management Plan (ESMP). The Consultant
must ensure that the Contractor's Project Grievance Resolution Mechanism
determined by the MoNE is used and that it is available, accessible and visible at the
Project site.
The Consultant will ensure that the Contractor records any grievances received by
local residents or workers and reports it to the Project Implementation Unit (PIU) in
the monthly Environmental and Social Management Plan (ESMP) monitoring reports.
The Consultant will be responsible for compiling site-specific information and
presenting it to the Employer by completing monthly progress reports and quarterly
Environmental and Social Management Plan (ESMP) monitoring reports. These
reports will include an update on the implementation status of the relevant
Environmental and Social Management Plan (ESMP), Occupational Health and Safety
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(OHS) compliance, as well as any environmental, social and Occupational Health and
Safety (OHS) issues encountered, as well as nearby communities. and/or summarize
the complaints received by the workers and make suggestions on how these problems
can be overcome.
The consultant will provide feedback and notify MoNE regarding environmental and
social issues at the sites.
will be responsible for assisting the Employer in overseeing the implementation of the
environmental and social aspects of the project as part of their overall oversight
responsibilities pursuant to the Environmental and Social Management Plan ( ESMP).
If it is determined that the Contractor is not complying with the requirements of the
Environmental and Social Management Plan (ESMP), the Consultant will prepare a
non-compliance report and the relevant payment orders will be suspended until the
non-compliance issues are satisfactorily resolved or a fine is issued in consultation
with the MoNE.
The Consultant will attend workshops organized by the Employer, which may be
related to project implementation, environmental and social protection measures,
occupational health and safety, communication, public disclosure and grievance
mechanism.
The Consultant will ensure that brochures, posters, grievance forms and other visual
communication products to be provided by the Employer are available and
appropriately displayed at the construction sites from start to finish.
The Consultant will include poster board design images in the tender documents for
the construction of educational buildings. The visual designs to be printed on the
boards will be provided by the Employer.
The Consultant will ensure that the Contractor delivers the boards and places them
appropriately around the construction site before the construction work begins.
The Consultant will be in contact with the Employer to respond to questions and
complaints received at the construction sites and will support the communication
activities to be carried out in the schools before the construction works begin.
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Consultant designs, plans, technical specifications, Unit Price Lists (BF) etc. will
review and prepare all additional documents and detailed designs as specified in the
paragraphs above in the first month of his tenure, minimizing the need for change
orders during the construction/installation phase as specified in Phase I. If it is deemed
necessary by the Consultant or the Employer to make changes to any of the Contract
Documents, Plans or Specifications, the Consultant will prepare these changes in a
timely manner, supporting the necessary calculations, details, time and cost effects,
and submit them to the Employer for approval. The Consultant will indicate whether
the changes will cause any delay in the work schedule and thus the contractor(s) will
be entitled to any time extensions, by supporting the necessary documents. After
obtaining written approval from the Employer, the Consultant will promptly replace
existing designs or procure additional designs, plans, drawings and specifications as
necessary or deemed necessary for satisfactory completion of the works. In addition,
the Consultant will review and approve the Contractor's and manufacturer's drawings
and, where appropriate, incorporate these drawings into the overall design and review
any changes that may be requested by the Contractors during the Works. The
Consultant will fully inform the Employer about the cost, time effect and other
consequences of any suggestions ( corrections, recommendations, etc.). The employer
will not be responsible for the consequences of situations for which he was not
informed beforehand.
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Where necessary, tests and inspections can be carried out at the manufacturing site
during manufacture and/or prior to shipment. The Consultants shall inform the
Employer in advance of such performance tests envisaged to enable the Employer to
participate in these tests if requested.
The Consultant will determine the criteria, planning and procedure for all tests and
inspections required for materials, equipment, facilities and labor and commissioning
of the Works, and shall provide oversight and supervision for these tests. The
consultant will compile records of all these tests and compare the results with
specifications, standards or performance criteria guaranteed by suppliers or
contractors.
Preparation and submission of final drawings, workshop drawings, operation and
maintenance manuals for all equipment and facilities involved in or associated with
the works will be timely checked and followed up by the Consultant. Final drawings,
operation and maintenance manuals must be obtained from the Contractor at the time
of issuing the takeover document. Otherwise, the Employer may consider that the
Consultant is not following the work closely and may request the Consultant to
convert the approved manufacturing drawings into final drawings. The Consultant will
also prepare a report containing all information on "conditions during construction"
including (but not limited to) calculations, drawings, specifications, test reports and
final survey summary and submit it to the Employer's approval.
Preparation of Energy Performance Certificate (EKB): The consultant will prepare the
energy identity document of the building after the works are completed.
4.1.2.4. Disputes
The Consultant will assist in the timely resolution of any disputes or differences that
may arise between the Employer and the Contractors. In case of litigation and
arbitration, the Consultant will assist the Employer in the preparation of documents
required by the Employer.
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construction contracts. The level of supervision will be appropriate to the scale of the
work carried out. These inspections and inspections are to ensure that the works
agreed upon during the Defects Liability Period are carried out and completed
properly and that any defect in any part of the Works is rectified. If any defect is
detected during this period, the Consultant will immediately investigate the cause,
report to the Employer and take the necessary measures to remedy the defect. A report
of these inspections will be submitted to the Employer and will include full details of
any defects, errors, accidents or malfunctions that have occurred, along with the
estimated costs of repairs and the timelines for their completion. In addition, the
Consultant will submit a quarterly report summarizing all activities during that quarter
of Liability for Defects. At the end of the Defects Liability Period, a final report will
be submitted with full details of all work performed during that period. This report
shall be submitted by the Consultant to the Employer at least 30 days prior to the
completion of the Contractor's Defects Liability period for completed Works. The
Consultant shall have the minimum number of technical personnel acceptable to the
Employer at each construction site during the Defects Liability Period.
5. DELIVERY
The Consultants shall prepare and submit to the Employer various reports, drawings and
documents specified in the ToR or extracted from this ToR with respect to the various
components of the Projects as described in the ToR.
These reports, drawings and other documents relate to various aspects of the Consultants'
Services, including but not limited to;
For Construction Works:
Construction Inspection Phase
Energy Performance Certificate after the completion of the construction works
Completion and Defects Liability Phase
The Consultants shall prepare and provide a satisfactory report to the Employer each calendar
month, including all information regarding the progress of the Studies, the actual scope and
nature of the Works completed, and, where appropriate, color progress charts and photographs
containing documentation proving details of any delay in the Works. The Consultants will
also make clear in the report whether delay at any stage of the Studies (if any) will result in
any delay in the completion of all Studies.
The report should also include the percentages of completed and planned work items and the
actual and planned cash flows for each work item as of the reporting period prepared in the
project planning tools (MS Project, Primavera, Asta, etc.) accepted by the MoNE.
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The report will also include the test records of the tested material, equipment and facility,
copies of the test results, and statistical evaluation of the test results in tabular and graphic
form. Actions taken in relation to poor results will be indicated.
The report will give a detailed review of the work to be done in the next month and an overall
list of the work to be done for the next two months.
The report will also provide information on the staff employment status of the Consultants.
The report will also include Occupational Health and Safety (OHS), environmental and social
management practices, complaints received from the public as well as workers, and overall
compliance with the Environmental and Social Management Plan (ESMP) to reduce the
environmental and social impacts of businesses.
The report will be submitted to the Employer by the tenth day of the following month. Any
comments of the Employer regarding the report will be reviewed and the report will be
amended and resubmitted to the Employer within 7 (seven) calendar days.
Due to the urgency of the project and the short construction period, the Consultants will also
prepare a tabular report on a weekly basis that summarizes the cumulative progress of key
business activities. The report will be made available to the Employer by e-mail and in hard
copy in an acceptable format on Monday of each week. The weekly report will also be
emailed to the Employer.
In addition, the Consultants will record the images showing the progress of the site on a
weekly basis from at least 5 different points for the construction site with their dates and save
them in an acceptable format on Portable Memory and present them to the Employer.
Requirements for submission of reports, drawings and other documentation are given below.
Reports will be prepared in both Turkish and English languages. Metric weight and measure
system will be used.
The presentation will be as follows:
1) General
Portable Memory
Number of copies of Turkis
English (English and
reports/drawings h
Turkish)
o Number of Weekly Report copies one one one
n (Printed copy)
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e
2 Number of monthly report copies one one one
3 Number of Quarterly Report one one one
copies
Portable Memory
Number of copies of Turkis
English (English and
reports/drawings h
Turkish)
o Quarterly Report one one one
n
e
2 Takeover Reports 5 one one
3 Defect Liability Period Report(s) one one one
4 Energy Performance Certificates 5 one one
The originals of the drawings to be submitted to the employer are not included in the above
number of copies.
Among the documents and reports not mentioned above but stated or implied in the contract,
those related to the Construction Inspection Phase and Completion and Defects Liability
Period will be submitted in 3 copies each in Turkish and English.
Regarding the ongoing phases of Consultant Services, the delivery requirements given above
indicate the types of documents that will be required by the Employer in the performance of
the Services. However, the Consultant is responsible for all reports, drawings, documents, etc.
specifically requested in this ToR. will be included in the fee. However, the Employer may
change such requirements during the Services to be performed.
If additional copies of those specified above or in this ToR are required, these will be
provided by the Consultants at the cost of reproduction of such documents, reports or
drawings. In addition, upon completion of the reports, they will be made available to the
Employer in one (1) set of Portable Storage and in an Employer acceptable software format.
Each copy will be durably bound in a binder or bindings, depending on the volume, and the
transparent copies will have a suitable protective cover/box. All copies will be labeled in
accordance with the Employer's needs.
Upon completion of the Studies and Material Procurement, the Consultants shall deliver to the
Employer the original copies of all correspondence, documents, test results and drawings
related to the Services and the Works, with indexes in files and formats acceptable to the
Employer and in archived form. Consultants will keep copies of documents.
6. TIMELINE
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During the audit process, it should be taken into account by the Consultants that the designs,
details, calculations, reports, specifications and other documents submitted to the Employer
for approval will be reviewed by the Employer and approved within 15 calendar days or
returned for revision and/or resubmission.
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1
9
Tasarım/EKB/ÇSYP/İhale Dokümanlarının Hazırlanması
İhale Aşaması
İnşaat Denetim Aşaması
Kusur Sorumluluk Süresi
Consultants will deliver all documents on time to complete the services on time without any
delays. The timeline for the completion of the consultants' services for the various parts of the
project is given below;
STAGE II:
For Construction Works
Construction Inspection and Defects Liability Periods: Under normal
circumstances, the planned construction period is 15 months in total and the defect
liability period for each group of educational buildings is 12 months (including the
time required for the completion of temporary and final acceptance deficiencies). The
construction inspection phase and the Defects Liability Period are arranged taking into
account multiple Construction Contracts to be initiated at different times.
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The Consultants will return to the Employer all documents received from the Employer
following the completion of the Services to be performed.
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surveyor (1)
Environmental and Social Analysis Specialist/Environmental Engineer (3)
Occupational Health and Safety Specialist (6)
This core team will be supported by other professionals recommended by the Consultant. In
addition, the proposed experts should indicate whether their role in the contract is to be
considered long-term/short-term so that it can be clearly understood which wage rate in the
budget breakdown applies to which profile.
All staff should be independent and not have a conflict of interest regarding the
responsibilities assigned to them. The selection procedures used by the consultant to select
other staff members should be transparent and based on predefined criteria, including
professional qualifications, language skills and work experience. It should be noted that civil
servants and other personnel of the public administration in Turkey cannot be recruited as
experts unless prior written approval is obtained from the employer. As the final reports will
be prepared in both English and Turkish, the Consultant may consider having a translator on
the team or suggest a suitable alternative for reliable and high quality translation.
The following list provides more details on the required qualifications for core team positions:
Project Manager will be responsible for the overall management of the Project. (i)
Bachelor's degree in Civil Engineering or Architecture (ii) at least 10 years of professional
experience (iii) World Bank(WB)/International Finance Corporation(IFC)/European Bank for
Reconstruction and Development(EBRD)/European Union(EU)/ At least 5 years of working
experience in the management of projects financed in cooperation with international
funders/agencies such as the French Development Agency (AFD) and the United Nations, (iv)
experience in school building inspection works
Assistant Project Manager (i) Bachelor's degree in Civil Engineer/Architecture (ii) at least
10 years of professional experience (iii) experience in projects funded by the International
Finance Corporation (IFI), (iv) experience in school building inspection work (Project
Manager Construction Engineer must be Assistant Project Manager Architect or vice versa)
Planning and Cost Control Engineer / Construction Supervisor (i) Bachelor's degree in
Civil Engineering (ii) at least 8 years of professional experience (iii) at least two years of
similar experience
Quality Control and Quality Assurance Engineer / Electrical Control Supervisor (i)
Bachelor's degree in Electrical Engineering (ii) at least 8 years of professional experience (iii)
at least two years of similar experience
Energy - Efficiency Engineer / Mechanical Control Supervisor (i) Bachelor's degree in
Mechanical Engineering (ii) at least 8 years of professional experience (iii) at least two years
of similar experience
Civil Engineer - (i) Bachelor's degree in Civil Engineering (ii) at least 5 years of professional
experience (iii) experience in school buildings (preferably)
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Mechanical Engineer - (i) Bachelor's degree in Mechanical Engineering (ii) at least 5 years
of professional experience (iii) experience in school buildings (preferably)
Electrical Engineer - (i) Bachelor's degree in Electrical Engineering (ii) at least 5 years of
professional experience (iii) experience in school buildings (preferably)
The survey engineer will have (i) a bachelor's degree in survey engineering, (ii) at least 5
years of professional experience, (iii) at least 2 years of similar field experience,
The Environmental and Social Analyst/Environmental Engineer will be responsible for
managing and monitoring the implementation of environmental and social measures in line
with national and World Bank guidelines and requirements, as well as the relevant
Environmental and Social Management Plans (ESMP) prepared. Environmental and Social
Analysis Specialist/Environmental Engineer; (i) Bachelor's degree in Environmental
Engineering, (ii) at least 5 years of professional experience and (iii) at least 3 years of field
experience in the field of Environmental and Social Analysis in similar projects.
Occupational Health and Safety Specialist , responsible for managing and monitoring
occupational health and safety, environmental and social impact mitigation measures included
in environmental and social management plans (ESMP), and conducting risk assessments to
identify and mitigate relevant Occupational Health and Safety (OHS) risks during
construction will be. These personnel will be employed in accordance with Law No. 6331 for
Health and Safety regulations and will have a Class B Certificate. Occupational Health and
Safety (OHS) Specialist (i) has an advanced degree in a related discipline (eg construction,
environment, mechanical engineering, Occupational Health and Safety (OHS), etc.), (ii)
Occupational Health and Safety (OHS) and (iii) a good understanding of the World Bank
Group safeguards policies and procedures, the World Bank Group Environmental Health and
Safety Guidelines, or other relevant internationally acceptable standards .
Other experts, support staff & support
The consultant will select and recruit other specialists required for the supervision of civil
works and engineering services (geological engineer, landscape architect, etc.). The CVs of
these experts should also be included in the technical proposal. However, the technical
evaluation will be based on the qualifications of the key experts.
All other specialists must be at least university graduates, have at least five (5) years of work
experience, preferably have a good command of English and have proven experience in the
field(s) relevant to their project, and work experience in Turkey would be an advantage.
Support and support personnel costs should be included in the consultant's financial proposal.
The consultant should also provide sufficient administrative staff (i.e. secretaries, translators,
translators, accountants, document control officers, etc.) and technicians/junior engineers
necessary to support the expert team in order to ensure the quality of all its activities and
outputs.
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Annex 1
List of Buildings to be Demolished and Reconstructed under the Contract
NUMBER OF
SEQ ID PROVINCE DISTRICT SCHOOL NAME SCHOOL TYPE CLASSROOMS
#
one IZMIR MANSION K. Lect. The House ME 200 beds
2 IZMIR ALIAGA H.S Primary School IO 16
3 IZMIR BORNOVA YE Primary School IO 16
4 IZMIR BORNOVA MC Primary School IO 24
5 IZMIR BORNOVA C. primary school IO 24
6 IZMIR BUCA Ç.TH Primary School IO 24
7 IZMIR CIGLI S. Elementary School IO 16
8 IZMIR CIGLI S. Middle School O 16
9 IZMIR GAZİEMİR MK Secondary School O 24
10 IZMIR GAZİEMİR AM Primary School IO 24
11th IZMIR KARABAGLAR I. primary school IO 24
12 IZMIR KEMALPASA A. Primary School IO 24
13 IZMIR MENEMEN MFK Primary School IO 24
14 IZMIR KARABAGLAR F.C Secondary School O 32
15 IZMIR BUCA BSK Primary School IO 24
16 IZMIR KARSIYAKA EB Primary School IO 24
17 IZMIR MANSION DE Middle School O 24
18 IZMIR FLAGGED BTB Secondary School O 32
19 IZMIR MENEMEN EA Middle School O 24
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Section 8. Contract Terms and Contract Forms
PART II
Consultant Services
Time Based
Counseling Services Time-Based
Contents
I. .......................................................................................................................Contract Form
..................................................................................................................................................85
II. .........................................................................................General Conditions of Contract
..................................................................................................................................................87
A. General Provisions ...............................................................................................87
1. Definitions ..........................................................................................................87
2. Relationship Between the Parties .......................................................................89
3. Law governing the contract ...............................................................................89
4. Language ............................................................................................................89
5. Headings ............................................................................................................89
6. Statement ............................................................................................................89
7. Position ..............................................................................................................89
8. Authority of the Responsible Member ...............................................................89
9. Authorized Representatives ...............................................................................90
10. Fraud and Corruption .........................................................................................90
11. Enforcement of the Contract ..............................................................................90
12. Termination of Contract Due to Non-Enforcement ...........................................90
13. Start of Services .................................................................................................90
14. Contract Expiration ............................................................................................90
15. Entire Contract ...................................................................................................90
16. Changes or Differences ......................................................................................91
17. Force Majeure ....................................................................................................91
18. Suspension .........................................................................................................92
19. Termination ........................................................................................................92
C. Obligations of the Consultant .............................................................................95
20. General ...............................................................................................................95
21. Relationship of Interest ......................................................................................96
22. Privacy ...............................................................................................................97
23. Obligations ............................................................................of the Consultant 97
24. Insurance to be signed by the Consultant ..........................................................97
25. Accounting, Inspection and Audit .....................................................................97
26. Reporting Obligations ........................................................................................98
27. Property Rights of the Administration Regarding Reports and Records ...........98
28. Equipment, Tools and Materials ........................................................................98
29. Code of Conduct ................................................................................................98
30. Forced Labor ......................................................................................................99
31. Child Labor ........................................................................................................99
32. Non-Discrimination and Equal Opportunity ....................................................100
33. Training of Experts .........................................................................................10 0
D. Advisor's Experts and Sub-Advisors ................................................................101
34. Key Definition of Experts ................................................................................101
35. Key Changing Experts .....................................................................................101
36. Additional Key Confirmation of Experts .........................................................101
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Project name
Disaster Risk Management Project in Schools
Job Name _
Construction Supervision Consultancy Services Agreement for
Reconstruction Works of Educational Buildings in İzmir Province
____________
And
[Advisor's Name]
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History:
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Section 8. Contract Terms and Contract Forms ( Time Based)
I. Contract Form
TIME BASED
(Text in parentheses should choose [ ]; all notes should be deleted in the final text.)
[If the Consultant consists of more than one unit, the above statement should be partially
amended to read: "...( hereinafter referred to as the "Administration") and, on the other hand,
the Joint Venture (name of the Joint Venture) consisting of the following units each of its
members shall be jointly and severally liable for all obligations of the Consultant under this
agreement, [name of member] and [name of member] (hereinafter referred to as the
"Consultant").
(b) The Consultant, who demonstrates to the Administration that he has the required
professional skills, expertise and technical resources, agrees to serve under the
conditions set forth in this Agreement.
(c) the Republic of Turkey; A loan of US$ 300,000,000 from the International Bank for
Reconstruction and Development (IBRD) in return for the expenses of the
"Reducing the Disaster Risk in Schools" (DRMIS) Project carried out by the
General Directorate of Construction and Real Estate (MEB) of the Ministry of
National Education (hereinafter “ (hereinafter referred to as “Credit”).
The General Directorate of Construction and Real Estate of the Ministry of National
Education (hereinafter referred to as the "Employer") wishes to use a portion of the
aforementioned loan for the payments for the consultancy services contract to be
executed. Within the scope of this service procurement, it is foreseen to carry out
the project design and construction supervision works of the reconstruction of 27
training facilities in total in İzmir. The services will consist of two phases: design
studies and construction supervision. This contract covers construction supervision
services.
respects be subject to the terms of the loan agreement and such payment or
importation shall be made by resolution of the United Nations Security Council and
with the knowledge of the Bank under Chapter VII of the United Nations Charter.
(iii) No party other than the Administration may exercise the loan agreement rights
or claim on loan proceeds.
2. The mutual rights and obligations of the Administration and the Consultant shall be
as specified in the Contract, in particular:
(a) the Consultant performs the Services pursuant to the terms of the Agreement;
and
(b) The Administration makes the payment to the Consultant in accordance with
the terms of the Contract.
Within the framework of these issues, the Parties have signed this Agreement under their
own names as of the date and year written above.
[For joint venture; either all members or the main member (in which case, a power of
attorney is attached to sign on behalf of all members) sign]
On behalf of each of the consultant's members [insert the name of the Joint Venture]
[If all members are signing, add a signature block for each]
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9. Authorized 9.1. Any step requested or permitted to be taken and any document
Representatives requested or permitted to be drawn up by the Administration or the
Consultant within the scope of this Agreement shall be taken or
issued by the authorities specified in the ÖSK .
10. Fraud and 10.1. requires compliance with existing sanctions procedures and
Corruption policies outlined in the Anti-Corruption Manual and the World Bank
Group Sanctions Framework as described in Appendix 1 to the
GSK.
a. Commissions 10.2. The Administration requests the Consultant to set out com-
and Fees missions and fees paid or payable to organizations or other parties
involved in the selection process or implementation of the Contract.
Information disclosed should include at least the name of the organi-
zation and the other party, its address, the amount of commission,
compensation or remuneration, the currency in which it is given, and
its purpose. Failure to report such commissions, donations or fees
may result in the Bank's termination of the contract or imposition of
sanctions.
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17.2. that it may refrain from fulfilling its obligations under this
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b. Not 17.4. If the failure of either Party to fulfill its obligations under this
Considered Agreement is due to Force Majeure, this will not be considered a
Violation of breach of the Agreement, provided that the Party affected by such
Contract reason (a) has taken all reasonable measures and given due
diligence for the performance of the terms and conditions of this
Agreement. that is.
c. Measures to 17.5. The Party affected by the Force Majeure shall continue to
be Taken fulfill its obligations under the Contract to the extent possible and
reasonable and shall take all reasonable measures to minimize the
impact of the consequences of the Force Majeure.
17.6. The Party affected by the Force Majeure shall notify the other
Party of this situation as soon as possible, and in any case within a
maximum of fourteen (14) calendar days after the occurrence of
such an event, and shall provide information on the cause and nature
of such an event, and similarly as far as possible. will make a
written notification regarding the return to normal conditions as
soon as possible.
18. Suspension 18.1. In the event that the Consultant fails to fulfill any of its obli-
gations under this Agreement, including the provision of services,
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Law for Contract and Applicable Law and takes all practicable measures to
Services ensure that its Experts and Sub-Consultants comply with the
Applicable Law.
20.5 During the execution of the Contract, the Consultant
complies with the prohibitions on the importation of services and
goods in the territory of the Administration under the following
conditions:
(a) the Borrower's country prohibits commercial relations
with that country as required by law or regulation; or
(b) To comply with a United Nations Security Council
resolution adopted under Chapter VII of the United
Nations Charter, the Borrower's country prohibits the
importation of goods from or payments to any country,
person or entity in that country .
20.6 The Administrative Consultant informs the relevant local
customs and the Consultant adheres to these customs after such
briefing.
21. Interest 21.1. The Consultant, regardless of future work, puts the interests of
Relationship the Administration above all else and avoids conflict with other duties
or the interests of his own company.
a. Commissions, 21.1.1 Pursuant to GSK F (GSK Articles 49 to 54), the
Discounts, etc. Consultant's payment includes only payments in connection
That the with this Agreement and, subject to GSK Article 21.1.3, the
Consultant Consultant's own payment in connection with its activities under
Will Not or fulfilling its obligations under this Agreement. may not
Benefit From. accept any commercial commission, rebate or similar payment
for its benefit, and will make every effort to ensure that the
Representatives of the Consultant's Sub-Advisors, Experts, and
Sub-Advisors or Experts do not accept any additional payments
likewise.
21.1.2 Furthermore, where the Consultant has the
responsibility, as part of the Services, to advise the
Administration on the procurement of goods, works or services,
the Consultant will comply with the Bank's Applicable
Regulations and always do so in a way that benefits the
Administration. Any commission or discount that the
Consultant receives while fulfilling the said purchasing
responsibility shall be for the Administration's account.
b. Activities 21.1.3 The Consultant shall, during and after the expiry of the
Prohibited by contract, ensure that the Consultant and any entity affiliated
the Consultant with the Consultant and the Subconsultant and any entity
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and Its affiliated with the Subconsultant are responsible for the
Subsidiaries preparation or execution of any project closely related to the
Services or resulting from the Services. agrees that its
authorization to provide business or non-consulting services
will be revoked.
c. Prohibition of 21.1.4 The Consultant shall not directly or indirectly engage
Conflicting in any business or professional activity that may conflict with
Activities the activities performed under this Agreement, and shall not
allow its Experts and Sub-Consultants to carry out such
activities.
D. Duty to Report 21.1.5 The Consultant is obliged to notify the Administration
Conflicting of any actual or potential dispute situations that affect or can
Activities reasonably be felt to have the effect of serving the
Administration's best interests, and ensures that its Experts and
Sub-Advisors have the same obligation. Failure to report such
circumstances may result in disqualification or termination of
the Consultant's Contract.
22. Security 22.1 Consultants and Experts may not transmit confidential
information obtained during the Services to any third party or
organization, and the Consultants and Experts may not disclose
recommendations made during or as a result of the Services, except
where prior written approval has been obtained from the
Administration.
23. Obligations of the 23.1 Obligation of the Consultant under this Agreement , subject
Consultant to the additional provisions specified in the ÖSK , if any, will be
stipulated in the Applicable Law.
24. Insurance to be 24.1 The Consultant (i) at his own expense (in some cases, the
signed by the costs may also belong to the Sub-Consultants), for the insurance
Consultant coverage specified in the ÖSK and against the risks, under the terms
and conditions approved by the Administration, and ensures the
continuity of this insurance, and the Sub-Consultants also and (ii)
upon the request of the Administration, submits proof to the
Administration showing that the said insurance has been concluded
and maintained and therefore premiums have already been paid. The
Consultant ensures that such insurance takes effect before the
Services set out in GSK Clause 13 are started.
25. Accounting, The Consultant will keep precise and systematic accounts and
Inspection and records in detail with regard to the Services, clearly stating the
Audit relevant time changes and costs, and will use all reasonable efforts to
ensure that its Sub-Consultants keep precise and systematic accounts
and records as specified.
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adjustments to the original time input for any individual will not
change their estimates by more than 10% or more than a week
(whichever is greater) and (ii) such sets of adjustments will not result
in payments that would exceed the ceilings set in Article 49.2 of the
GSK under this Agreement.
37.3 The Services specified in Annex A If additional work beyond
that is required, the estimated time input for Key Experts may be
increased by written agreement between the Administration and the
Consultant. In the event that the payments under this Agreement
exceed the ceiling rates set forth in Article 46.2 of the GSK, the
Parties shall amend the Agreement.
38. Changing Key 38.1 No changes will be made to Key Experts unless the
Experts Administration has agreed in writing to the contrary .
38.2 However, during the execution of the Agreement, the
replacement of Key Experts may only be considered at the Counsel's
written request and due to circumstances beyond the Counselor's
reasonable control, including but not limited to death and medical
incapacity. In this case, the Consultant will promptly replace that
person with an equivalent or better qualified person who meets the
eligibility requirements for the same fee.
39. Approval of 39.1 During contract execution, if additional Key Experts are
Additional Key required to perform the Services, the Consultant will submit to the
Experts Administration a copy of their CV for review and approval.
Additional Key experts will be deemed to have been approved by
the Administration if they do not object in writing (noting the
reasons for the objection) within twenty-two (22) days from receipt
of these CVs.
The rate of remuneration to the new additional Key Experts is based
on the rate used for the position of other Key Experts requiring
similar qualifications and experience.
40. Dismissal of 40.1 One of the Administration , Experts or Sub-Consultants;
Experts or Sub-
Advisors (a) consistently maintains misconduct or negligence;
(b) perform their duties in an incompetent or negligent manner,
(c) has failed to comply with any provision of the Agreement;
(d) Persistently maintains prejudiced behavior in terms of safety,
health or environmental protection;
(e) based on reasonable evidence, was involved in a practice that
constitutes Fraud and Corruption in the performance of the Services;
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49.2 Payments under this Agreement shall not exceed the ceiling
amounts in foreign and local currency specified in the ÖSK .
50. Pricing and 50.1 The Administration shall pay the Consultant: (i) remuneration
Reimbursable to be determined based on the time each expert has spent in
Charges providing the Services after the date on which the Services are
rendered or other date agreed upon in writing by the Parties; and (ii)
reimbursable expenses incurred by the Consultant in providing the
Services.
50.3 If the ÖSK does not foresee a price difference in the fees of
individual consultants, the said fees will remain fixed for the duration
of the contract.
50.4 Remuneration rates include: (i) Salaries and allowances that the
Consultant has agreed to pay to Experts, as well as social and
overhead costs (bonuses or other means of profit sharing are not
considered overhead items) (ii) administration not included in the list
of Experts in Appendix B the cost of support by the central staff, (iii)
the profit of the consultant, and (iv) other items specified in the ÖSK
.
50.5 The rates stated for experts who are not currently assigned will
be provisional and subject to revision with the written approval of the
Administration as soon as applicable remuneration rates and
allowances become known.
51. Taxes and Fees 51.1 Consultants, Sub-Consultants and Experts are responsible for
meeting all tax liabilities arising from the Contract, unless otherwise
stated in the ÖSK .
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51.2 With the exception of the above and as stated in the ÖSK ,
all local identifiable indirect taxes (determined in the Contract
negotiations and finalized) are reimbursed to the Consultant or paid
by the Administration on behalf of the Consultant.
52. Payment Currency 452.1 Payments under this Agreement are made in the currency(s)
specified in the ÖSK .
53. Billing and 53.1 Invoicing and payments for Services are made as follows:
Payment Method
(a) Advance Payment . Within days after the Effective Date, the
Administration will make the advance payment specified in the
ÖSK to the Consultant . Unless otherwise stated in the ÖSK ,
an advance payment is made in the amount (or amounts) and
currency (or currencies) specified in the ÖSK in return for the
bank advance payment guarantee to be accepted by the
Administration. Such guarantee shall remain in effect until (i)
the full advance payment has been deducted and (ii) as
specified in Annex E or in any other form approved in writing
by the Administration. Advance payments will be deducted
from the account balance by the administration in equal
installments for the month period in which the Services are
provided, until the full amount of such advance payment has
been deducted.
(b) Item Item Listed Invoices. As soon as it is available and within
15 (fifteen) days at the latest after the end of each calendar
month during the Service, or after the end of each time interval
unless otherwise specified in the ÖSK, the Consultant is
notified to the Administration in accordance with Articles 52
and 53 of the GSK, such time period or specified in the ÖSK .
Submit in duplicate the itemized listed invoices for amounts
payable for other periods, accompanied by receipts or other
appropriate supporting documents. Separate invoices will be
issued for expenditures in foreign currency and local currency.
Each invoice will show the charging and reimbursable costs
separately.
(c) The Administration pays the Consultant's invoices within 60
(sixty) days after the Consultant's itemized invoices are received
by the Administration together with the supporting documents. If
there is a portion of the invoice that is not adequately
supported, that portion may not be paid. If there is a difference
between the actual payment and the costs that the Consultant
must bear, the Administration may add or deduct the difference
in subsequent payments.
(d) Final Payment. Final payment under this Agreement is made
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only after the Consultant has delivered the first final report and the
said report has been satisfactorily approved by the Administration.
Services shall be deemed to have been completed and finally
accepted by the Administration and unless the Administration
does not send a written notification to the Consultant within 90
(ninety) calendar days stating in detail the deficiencies regarding
the Services and the final report or the final invoice, 90 (ninety)
days after the receipt of the final report and the final invoice by the
Administration. ) within the calendar day, the final report and the
final invoice are deemed appropriate by the Administration.
Thereupon, the Consultant immediately makes the necessary
corrections and then the above-mentioned process is repeated.
Amounts paid or caused to be paid by the Administration in
excess of the amounts payable pursuant to the provisions of this
Agreement pursuant to this Article; It will be paid back to the
Administration by the Consultant within 30 (thirty) days after
the Consultant receives the relevant notification. The
reimbursement request made by the Administration must be
made within 12 (twelve) calendar months following the receipt
of the final report and the final invoice approved by the
Administration in accordance with the above.
(e) All payments under this Agreement are made to the
Consultant's accounts specified in the ÖSK .
(f) Except for the final payment to be made under Article (d) above;
payments do not constitute acceptance of all Services or relieve
the Consultant of their obligations thereunder.
54. Interest on Delayed 54.1 If the Administration has delayed the payments beyond
Services fifteen (15) days after the deadline specified in Article 53.1 (c) of the
GSK, interest is paid to the Consultant for each day of delay and non-
payment at the annual rate specified in the ÖSK .
H. DISPUTE RESOLUTION
56. Friendly Resolution 56.1 The parties seek to resolve disputes amicably through mutual
of Disputes consultation.
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56.2 If either Party opposes the other Party's action or inaction, the
opposing Party may send the other Party a written Notice of Dispute
detailing the basis of the dispute. The Party receiving the Notice of
Dispute reviews this notice and gives a written reply within fourteen
(14) days after receiving the notice. If that Party does not respond
within fourteen (14) days, or if the dispute cannot be resolved
amicably within fourteen (14) days after that party's response, GSK
Article 57.1 applies.
57. Dispute Resolution 57.1 Disputes within the scope of the Contract or arising from the
Contract and which cannot be resolved amicably between the Parties,
may be referred to the jurisdiction/arbitration by one of the Parties in
accordance with the provisions specified in the ÖSK .
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1. Aim
1.1 The Bank's Anti-Corruption Manual and these additional provisions shall apply to the
tenders held within the scope of the Bank's Investment Project Financing operations.
2. Requirements
2.1 In accordance with the policy adopted by the Bank; Borrowers (including beneficiaries of
bank finance); bidders, consultants, contractors and suppliers, subcontractors,
subconsultants, service providers or suppliers, their representatives (disclosed or
undisclosed) and their employees; Observe the highest ethical standard during the
tendering process and performance of Bank-financed contracts; not to engage in acts of
fraud and corruption; wants.
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1
For the avoidance of doubt, a sanctioned party's prohibition of contracting includes, but is not limited to, the following: (i) preliminarily,
either directly or as a designated subcontractor, commissioned consultant, commissioned manufacturer or supplier, or commissioned
service provider with respect to that contract. applying for qualification, expressing interest and bidding for a consultancy service; and
(ii) making an addendum or amendment to an existing contract that would materially change it.
2
A commissioned subcontractor, commissioned consultant, commissioned manufacturer or supplier, or commissioned service provider
(different names are used depending on the tender document), (i) a bidder because he adds specific and critical experience and
knowledge that will enable the bidder to meet the qualification requirements for the relevant contract. A party included in the
prequalification application or proposal by the Company or (ii) appointed by the Borrower.
3
In this context, inspection activities are inherently interrogative (ie based on forensic research). It includes investigation activities carried
out by the Bank or its designated persons to address specific issues related to investigations / audits, such as assessing the truthfulness of
a potential fraud and corruption claim through appropriate mechanisms. Such activities include, but are not limited to: accessing and
examining a firm's or individual's financial records and information, and obtaining copies of them where necessary; accessing (whether
hard copy or electronic copies) of other documents, data and information deemed necessary for the investigation / audit; interviewing
staff and other relevant persons; performing physical inspections and site visits; and have information verified by third parties.
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Administration: TR MINISTRY OF
NATIONAL EDUCATION - General
Directorate of Construction and Real Estate
(MEB Beşevler Campus, Block B)
Phone : 312 413 31 32
Fax : 312 213 83 46
Consultants:
Related:
Telephone:
Fax:
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11) Although the Consultant reports that the deficiencies and faults
identified as a result of the temporary acceptance studies have
been corrected, if it is revealed that these deficiencies and
faults have not been corrected, a penalty of 15,000,00 TL
(fifteen thousand) is applied and these penalties are collected
from the first subsequent progress payment of the Consultant.
In case the progress payment payments are completed, the said
amount is credited in favor of the Administration and
collection is made from the Consultant.
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24.1 The Consultant is responsible for all kinds of damages and losses
that the Administration may suffer due to the failure to perform the
services in accordance with the provisions of the contract or the
negligence, fault or default in the performance of the services. For
this responsibility, the Consultant will insure an insurance company.
The Consultant is personally responsible for all kinds of losses,
damages and related expenses that the Administration and/or third
parties may encounter due to the mistakes, faults or negligence of
those who do business on his behalf. In this context, the Consultant
will insure the following risks and their scopes are as follows:
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Documents showing that the insurances have been made and a copy
of the policies, premium payment receipts will be submitted to the
Administration. Responsibility for renewing the insurances at the end
of their term belongs to the Consultant, and a copy of the renewed
insurance documents will be submitted to the Employer together
with the premium payment receipts.
27.2 The Consultant cannot use the documents and software within the
scope of this agreement for purposes other than the purposes of this
Agreement without the prior written approval of the Administration.
All kinds of indirect local taxes, including VAT, arising from this
Agreement for the Services to be provided by the Consultant, shall be
paid by the Administration to the Consultant.
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will be escalated every month starting from the month in which this
Contract enters into force, by applying the following formula :
Il
R l=R lo ×[0 .1+ 0. 9 ]
I lo
51.1 and The employer will be responsible for the Value Added Tax (VAT)
51.2 invoiced by the consultant at the rate required by the laws of the
Republic of Turkey, over the payments made to the consultant under
the contract.
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52.1 The currency [currencies] in which the payment will be made are
as follows: [List the currency(s) that must be the same as those in
Financial Offer, Form FIN-2B]
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53.1(e) Accounts:
54 .1 Interest rate:
Regarding the progress payment amounts that are not paid even
though they are due; in local currency; In accordance with the Code
of Obligations in the Republic of Turkey, the applicable interest rate
is paid during the delay period.
1. 57. In the case of a Joint Venture, the disputes arising in the agreements
will be resolved in the negotiations of the Joint Venture members
before the Agreement, in international arbitration according to the
joint decision written in the negotiation minutes, or in Ankara courts
according to Turkish Laws.
Disputes arising in contracts with Foreign Consultants who are not
members of the Joint Venture are resolved through international
arbitration.
The international arbitration option will be conducted in accordance
with the following provisions.
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IV. appendices
[In this Appendix; The final Job Descriptions (TOR) prepared by the Administration and the
Consultant during the negotiations, the completion dates of the various tasks, the locations
where the different tasks will be performed, the detailed reporting conditions, the input of the
Administration and specific tasks that require the preliminary approval of the Administration,
including the equivalent personnel assigned by the Administration to work on the
Consultant's team. gets.
Include the modified text with reference to Form TECHNICAL-1 to TECHNICAL-5B in the
Consultant Proposal, based on Chapter 7 (ToR) of the ITC in the RFP. Highlight the changes
made in Chapter 7 of the RFP]
Attach the table based on Form TECHNICAL-6B of the Consultant's Technical Proposal and
finalized during the Contract negotiations.] Include the CVs of the Key Experts (updated and
signed by the relevant Key Experts) showing their qualifications
[Indicate Hours of Work for Key Experts: Here you can indicate Key Experts' hours of work,
travel time to/from the Administration's country, entitlement to paid leave if applicable, State
holidays in the Administration's country that may affect the Consultant's work, etc. Please
list. Make sure that there is consistency with Form TEKNİK-6B. In particular: one month
corresponds to twenty-two (22) working days (invoiceable days). A working day (invoiceable
day) cannot be less than eight (8) working hours (hours worked). ]
[Insert the table with the remuneration rates. If available, the table is based on the
Consultant's Technical Offer [Form FIN-3B] and reflects the changes agreed upon in
the Contract negotiations. The footnote lists the changes made to [Form FIN-3B] during
the negotiations or states that no changes were made.]
2. [Include the following sentence also if the Consultant is selected under the
Consultants' Qualification Selection method or if the Administration requests the Consultant
to clarify very high remuneration distributions in the Contract negotiations:
Section 8. Contract Terms and Contract Forms ( Time Based)
"Agreed upon remuneration rates are specified in the attached Model Form I. This
form is prepared based on the RFP Form FIN-3B Appendix A "Consultants'
Statements Regarding Costs and Expenses" submitted by the Consultant to the
Administration before the Contract negotiations.
Model Form I
Distribution of Fixed Rates Agreed on in the Consultant's Contract
We hereby certify that we agree to pay the following basic fees and out-of-home per diems (if applicable) to the Professionals
listed below who are involved in the performance of the Services:
Experts one 2 3 4 5 6 7 8
Base Pay Rate Agreed Fixed Fee Agreed Fixed Fee
General
per Social Profit Home Office per per
Name Position Expenses Subtotal
Month/Day/Year Fees 1 1
2 Allowance Month/Day/Hour Month/Day/Hour
Worked Worked Worked 1
Home Office
Working in the
Administration's Country
1. Given as a percentage of 1
2. Given as a percentage of 4
* if more than one currency is used, add a table
Signature Date
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APPENDIX D - COST ESTIMATES OF REIMBURSABLE EXPENSES
1. [Attach the table with the reimbursable expense ratios. If available, the table is
based on the Consultant's Proposal [Form FIN-4B] and reflects the changes agreed upon in the
Contract negotiations. The footnote lists the changes made to [Form FIN-4B] during the
negotiations or states that no changes were made.]
2. Unless expressly stated otherwise in this Annex, all reimbursable costs are reimbursed at cost
incurred and under no circumstances may the refund exceed the Contract amount. ]
APPENDIX E - ADVANCE PAYMENT GUARANTEE FORM
[GSK Article 53.1(a) and ÖSK Article 53. see 1(a)]
At the request of the Consultant, we, as the Guarantor, provide the Beneficiary with a total of
___________ [amount to be written in figures] ( ) [amount to be written in
writing], an amount not exceeding 1 , stating that the Consultant has not fulfilled its
obligations under the Contract, either in the request itself or in a separate signed document
accompanying the request or supporting the request, on the following grounds, and upon
receipt of the Beneficiary's eligible request, supported by the Beneficiary's written statement.
we do:
(a) Failure of the Consultant to repay the advance payment under the terms of the
Agreement and determination of the amount that the Consultant was unable to repay
(b)
(b) The Consultant uses the advance payment for purposes other than to perform the
Services under the Contract.
For any payment or request to be made within the scope of this guarantee, the above-
mentioned advance payment shall be made by the Consultant at _________________ [Bank's
name and address]. Account number ___________ It must be obtained through account
information.
(b) 1
The Guarantor shall add an amount representing the advance payment amount and specified in the
currency(s) used for the advance payment as specified in the Contract or in any convertible currency accepted
by the Administration.
Section 8. Contract Terms and Contract Forms ( Time Based)
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Consultant, as indicated on the certified statements or invoices
marked as "paid" by the Administration to be presented to us. This coverage expires at the
latest upon receipt by us of proof of payment or invoice showing that the Consultant has fully
repaid the advance payment, or on ___[day] _[month]__________, [year]__, 2 (whichever is
earlier ) . As a result, any claim for payment under this warranty must be received by us on or
before that date.
This Compound Rules for Demand Guarantees are governed by the (URDG) 2010 revision,
ICC Edition No.758.
_____________________
_____________________
[signature(s)]
{Note: All texts in italics are intended to assist in the preparation of this form and should be
deleted from the final product.}
Enter the expected due date. In case of extension of the period for the completion of the contract;
_____________________2
The Administration will be required to request from the Guarantor an extension of the period for the said
guarantee. The said request must be in writing and must be made before the due date specified in the collateral.
When preparing this guarantee, the Administration may consider adding the following text at the end of the
penultimate paragraph: "The Guarantor may, in response to the Administration's written request for an
extension, prolong the guarantee for a maximum period of [six months][one year], provided that the request is
submitted to the Guarantor before the guarantee expires. accepts a one-time extension.
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We,
(a) We were not subject to any prohibition by the Bank due to non-fulfillment of CSI/CT obligations
(b) We were subject to a ban by the Bank due to non-fulfillment of CSI/CT obligations
(c) We were previously banned by the Bank due to non-fulfillment of CSI/CT obligations. However,
an arbitration decision was made in our favor in the ban case.
[ If option (c) above applies , the ban Attach evidence of the arbitration award that overrules the
findings on the issues underlying the award.]
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CONTRACTUAL LUMP-SUM FORM
Consultant Services
Lump sum
Section 8. Contract Conditions and Contract Forms (Lump Price)
Contents
I. .......................................................................................................................Contract Form
................................................................................................................................................137
II. .........................................................................................General Conditions of Contract
................................................................................................................................................139
A. General Provisions .............................................................................................139
1. Definitions ........................................................................................................139
2. Relationship Between the Parties .....................................................................141
3. Law governing the contract .............................................................................141
4. Language ..........................................................................................................141
5. Headings ..........................................................................................................141
6. Notices .............................................................................................................141
7. Position ............................................................................................................141
8. Authority of the Responsible Member .............................................................141
9. Authorized Representatives .............................................................................142
10. Fraud and Corruption .......................................................................................142
B. Commencement , Completion, Modification and Termination .of Contract 142
11. Enforcement of the Contract ............................................................................142
12. Termination of Contract Due to Non-Enforcement .........................................142
13. Start of Services ...............................................................................................142
14. Contract Term Expiration ................................................................................142
15. Entire Contract .................................................................................................142
16. Changes or Differences ....................................................................................143
17. Force Majeure ..................................................................................................143
18. Suspension .......................................................................................................144
19. Termination ......................................................................................................144
C. Obligations of the Consultant ...........................................................................147
20. General .............................................................................................................147
21. Relationship of Interest ....................................................................................148
22. Privacy .............................................................................................................149
23. Obligations ..........................................................................of the Consultant 149
24. Insurance to be signed by the Consultant ........................................................149
25. Accounting, Inspection and Audit ...................................................................149
26. Reporting Obligations ......................................................................................150
27. Property Rights of the Administration Regarding Reports and Records .........150
28. Equipment, Tools and Materials ......................................................................150
29. Code of Conduct ..............................................................................................150
30. Forced Labor ....................................................................................................151
31. Child Labor ......................................................................................................151
32. Non-Discrimination and Equal Opportunity ....................................................152
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Lump sum
And
[Advisor's Name]
between
History:
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I. Contract Form
LUMP SUM
(Text in parentheses should choose [ ]; all notes should be deleted in the final text.)
[ If the Consultant consists of more than one organization, the above statement should be
partially modified to read as follows: "...( hereinafter referred to as the "Administration")
and, on the other hand, the members of the Joint Venture (name of the Joint Venture), which
consists of the following organizations, each from all obligations of the Consultant under this
agreement. will be jointly and severally liable, [member name] and [member name]
(hereinafter referred to as "Consultant").
(b) The Consultant, who demonstrates to the Administration that he has the required
professional skills, expertise and technical resources, agrees to serve under the
conditions set forth in this Agreement;
(c) From the Administration's International Bank for Reconstruction and Development
(IBRD) has received a loan for the cost of services and plans to use a portion of the
proceeds of that loan for eligible payments under this Agreement; It is understood
from this that (i) payments by the Bank will be made only at the request of the
Administration and with the approval of the Bank (ii) such payments will be subject
in all respects to the terms of the loan agreement and for the purpose of making
payments to persons or entities or, to the knowledge of the Bank, such payment or
importation (iii) No party other than the Administration may exercise the rights of
the loan agreement or claim any proceeds of the loan.
Therefore, the PARTIES have agreed on the following conditions:
In case of any inconsistency between the documents, the following order of priority
applies: Special Contract Terms; General Conditions of Contract, including Annex 1;
Appendix A; Appendix B; Appendix C; Appendix D, Appendix E, Appendix F. Any
reference to this Agreement will include reference to annexes to the Agreement where
context permits.
2. The mutual rights and obligations of the Administration and the Consultant shall be
as specified in the Contract, in particular:
(a) the Consultant performs the Services pursuant to the terms of the Agreement;
and
(b) The Administration makes the payment to the Consultant in accordance with
the terms of the Contract.
{For Joint Venture; either all members or the main member (in which case, a power of
attorney is attached to sign on behalf of all members) sign}
For and on behalf of each member of the Consultant [insert the name of the Joint Venture]
[If all members are signing, add a signature block for each]
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9. Authorized 9.1. Any step requested or permitted to be taken and any document
Representatives requested or permitted to be drawn up by the Administration or the
Consultant within the scope of this Agreement shall be taken or
issued by the authorities specified in the ÖSK .
10. Fraud and 10.1. requires compliance with existing sanctions procedures and
Corruption policies set out in the Anti-Corruption Manual and the World Bank
Group Sanctions Framework as described in Appendix 1 to the
GSK.
a. Commissions 10.2. The Administration requests the Consultant to set out com-
and Fees missions, bonuses and fees paid or payable to organizations or other
parties involved in the selection process or implementation of the
Contract. The information disclosed should include at least the name
and address of the organization and the other party, the amount of
the commission, compensation or fee, in what currency and purpose.
Failure to report such commissions, donations or fees may result in
the Bank's termination of the Agreement or imposition of sanctions.
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b. Not 17.4. If the failure of either Party to fulfill its obligations under this
Considered Agreement is due to Force Majeure, this will not be considered a
Violation of breach of the Agreement, provided that the Party affected by such
Contract reason (a) has taken all reasonable measures and given due
diligence for the performance of the terms and conditions of this
Agreement. that is.
C. Measures to 17.5. The Party affected by the Force Majeure shall continue to
be Taken fulfill its obligations under the Contract to the extent possible and
reasonable and shall take all reasonable measures to minimize the
impact of the consequences of the Force Majeure.
17.6. The Party affected by the Force Majeure shall notify the other
Party of this situation as soon as possible, and in any case within a
maximum of fourteen (14) calendar days after the occurrence of
such an event, and shall provide information on the cause and nature
of such an event, and similarly as far as possible. will make a
written notification regarding the return to normal conditions as
soon as possible.
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18. Suspension 18.1. In the event that the Consultant fails to fulfill any of its obli-
gations under this Agreement, including the provision of services,
the Administration may partially or completely suspend the pay-
ments of the Consultant under this Agreement by giving written no-
tice to the Consultant regarding the suspension, the condition being
that the notice regarding suspension (i) is not fulfilled. (ii) Request-
ing the Consultant to rectify the situation, not exceeding thirty (30)
calendar days after the Consultant receives the notification regarding
the suspension.
19. Dissolution 19.1. This Agreement may be terminated by any of the Parties in
accordance with the provisions set forth below:
a. By 19.1.1. The Administration may terminate this Agreement if
Administrati any of the circumstances specified in paragraphs (a) to (f) of
on this Article occur. In such a case, if the events referred to in
paragraphs (a) to (d) occur, the Administration shall notify the
Consultant of the termination by a written notice of at least
thirty (30) calendar days in advance. This notice period is sixty
(60) calendar days of termination if the events referred to in
paragraph (e) occur; In the event of the events referred to in
paragraph (f), this period is five (5) calendar days.
(a) If the Consultant fails to correct a defect in the
performance of its obligations hereunder as set forth in
the notice of suspension given pursuant to Article 18
GSK;
(b) If the Consultant (if the Consultant consists of more than
one organization, one of its members) becomes insolvent,
becomes bankrupt, or settles with creditors for the
discharge of debt, or makes use of the law in favor of the
debtors, or goes into liquidation, either compulsory or
voluntarily;
(c) If the Adviser fails to comply with the final award made
in arbitration pursuant to Article 53.1 of the GSK;
(d) If, as a result of Force Majeure, the Consultant is unable
to perform a substantial portion of the Services for more
than sixty (60) calendar days;
(e) If the Administration, in its sole discretion or for any
other reason, decides to terminate this agreement;
(f) If the Consultant does not confirm the availability of Key
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will be revoked.
c. Prohibition of 21.1.4 The Consultant shall not directly or indirectly engage
Conflicting in any business or professional activity that may conflict with
Activities the activities performed under this Agreement, and shall not
allow its Experts and Sub-Consultants to carry out such
activities.
D. Duty to Report 21.1.5 The Consultant is obliged to notify the Administration
Conflicting of any actual or potential dispute situations that affect or can
Activities reasonably be felt to have the effect of serving the
Administration's best interests, and ensures that its Experts and
Sub-Advisors have the same obligation. Failure to report such
circumstances may result in disqualification or termination of
the Consultant's Contract.
22. Security 22.1 Consultants and Experts may not transmit confidential
information obtained during the Services to any third party or
organization, and the Consultants and Experts may not disclose
recommendations made during or as a result of the Services, except
where prior written approval has been obtained from the
Administration.
23. Obligations of the 23.1 Obligation of the Consultant under this Agreement , subject
Consultant to the additional provisions specified in the ÖSK , if any, will be
stipulated in the Applicable Law.
24. Insurance to be 24.1 The Consultant (i) at his own expense (in some cases, the
signed by the costs may also belong to the Sub-Consultants), for the insurance
Consultant coverage specified in the ÖSK and against the risks, under the terms
and conditions approved by the Administration, and ensures the
continuity of this insurance, and the Sub-Consultants also and (ii)
upon the request of the Administration, submits proof to the
Administration showing that the said insurance has been concluded
and maintained and therefore premiums have already been paid. The
Consultant ensures that such insurance takes effect before the
Services set out in GSK Clause 13 are started.
25. Accounting, 25.1 The Consultant shall keep precise and systematic accounts
Inspection and and records in detail with regard to the Services, clearly indicating
Audit relevant time changes and costs, and shall use all reasonable efforts
to ensure that its Sub-Consultants keep precise and systematic
accounts and records as specified.
25.2 Pursuant to the provisions of Annex-1 paragraph 2.e of the
General Conditions, the Consultant shall inspect the site and/or all
accounts, records and other documents related to the tender process,
selection and/or execution of the contract of the Bank and/or the
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and people affected by the project can see it. The published Code of
Conduct should be presented in languages that Experts, Contractor
Staff, Administration Staff and local people can understand.
31. Forced Labor 31.1 The Consultant, including its sub-consultants, shall not employ
or receive services from any person subjected to forced labor. Forced
labor consists of any work or service that is not performed
voluntarily, that is, performed by threatening a person with coercion
or punishment, and includes any form of involuntary or compulsory
labor, such as hired labor, payment of debt through labor instead of
money, or similar labor contract arrangements.
No person who has been subjected to human trafficking shall be
employed or serviced by such persons. human trafficking; Using
force or threat of force or otherwise coercion, kidnapping, deception,
deception, abuse of power, exploiting the helplessness of the person,
or obtaining a profit or benefit to that person or others in order to gain
the consent of those who have control over another person, for the
purpose of exploitation, It is defined as the movement, transfer,
hosting or receipt from one place to another.
32. Child Labor 32.1 The Consultant, including its sub-consultants, shall not employ
or receive services from a child younger than 14 years of age, unless a
higher age (minimum age) is specified in national legislation.
The Counselor, including its subordinates, will not employ or serve a
child between the minimum age of 18 years in a way that would be
dangerous or disrupt the child's education or be harmful to the child's
health or physical, mental, spiritual, moral or social development.
will not take.
The Consultant, including its sub-consultants, will employ or retain a
child between the minimum age and 18 years only after an
appropriate risk assessment has been carried out by the
Administration. The Consultant will be subject to regular monitoring
by the Administration where health, working conditions and working
hours are monitored.
Jobs that are considered dangerous for children are jobs that, by their
nature or the conditions in which they are performed, may endanger
the health, safety and morals of children. Such prohibited business
activities for children:
(a) may expose children to physical, psychological or sexual
abuse;
(b) carried out underground, under water, at height or in a closed
environment;
(c) involving dangerous machinery, equipment or tools, or the
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35. Experts' Grievance 35.1 The Consultant will set up a grievance mechanism where the
Mechanism Experts and, where relevant, the workers' organizations specified in
the provisions of Article 33 of the GSK can voice their workplace
grievances. The grievance mechanism will be commensurate with
the nature, scale, risks and effects of the effects of the Convention.
The mechanism will address and handle concerns raised
independently and objectively through an understandable and
transparent process that provides timely and timely feedback to those
concerned in a language they understand, without retribution.
When experts are assigned to the Convention, they will be briefed on
the grievance mechanism and the measures put in place to protect
them from retaliation they may face if they use it. Measures will be
implemented to ensure that all Experts can easily access the
grievance mechanism.
The grievance mechanism will not prevent access to other legal or
administrative remedies or replace grievance mechanisms offered
through collective agreements.
The grievance mechanism can benefit from existing grievance
mechanisms provided they are properly designed and implemented,
address concerns promptly, and are easily accessible by Experts.
Existing grievance mechanisms can be supplemented, if necessary,
by contract-specific regulations.
36. Training of 36.1 The Consultant will provide the necessary awareness-raising
Experts activities and trainings for relevant Professionals on ES aspects of
the Convention, such as the prohibition of Sexual Exploitation and
Abuse (SSI) and Sexual Harassment (CT), as well as the health and
safety training referred to in Article 29 of the GSK.
When required under the Contract, the Consultant will also provide
appropriate opportunities for the relevant Experts to be trained by
Administration Staff on the ES aspects of the Contract.
The Consultant will provide training on CSI and CT (including
training on their prevention) to its Specialists who have a role in the
supervision of other Specialists.
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Area charge, to have unhindered access to the project area required for the
performance of the Services. The Administration shall be liable for
any damage to the project area or to the property located in this area
due to such access and shall not bear the loss of the Consultant and
each of the experts in relation to this liability, unless such damage is
caused by the gross negligence or negligence of the Consultant or the
Sub-Consultants or the Experts of the Consultants and Sub-
Consultants. meets.
42. Amendment to the 42.1 If, after the date of this Agreement, there is a change in the
Applicable Law on applicable law on taxes and fees in the country of the Administration
Taxes and Fees that increases or decreases the costs incurred by the Consultant in
performing the Services; otherwise, the fees and reimbursable costs
to be paid by the Consultant under the Contract shall be increased or
decreased in accordance with the agreement between the Parties and
corresponding adjustments shall be made to the Contract amount
specified in Article 46.1 of the GSK.
43. Administration's 43.1 For the purpose of performing the services, the
Services, Facilities Administration makes the services, facilities and goods specified in
and Ownership the Job Description ( Annex A ) available to the Consultant and
Experts at the time and in the manner specified in the aforementioned
Annex A , without any charge.
44. Colleague 44.1 If specified in Annex A , the Administration shall make
Personnel available to the Consultant the professional and support counterpart
personnel to be nominated by the Administration upon the
recommendation of the Consultant, without any charge.
44.2 Professional and support peer staff, with the exception of
Administration's liaison staff, work at the direction of the
Consultant. In the event that any member of the surrounding staff
fails to adequately perform any task assigned by the Consultant in
accordance with his position, the Consultant may request the
replacement of the member in question and the Administration may
not refuse such request for unreasonable reasons.
45. Obligation to Pay 45.1 In view of the Services performed under this Agreement, the
Administration makes such payments to the Consultant for the
outputs specified in Annex A , as specified in GSK F below.
46.2 Changes can be made to the Contract price set out in Article
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47. Taxes and Fees 44471 Unless otherwise stated in ÖSK ; The Consultant, Sub-
Consultants and Experts are responsible for fulfilling all kinds of tax
obligations arising from the Contract.
47.2 As an exception to the above and as stated in the ÖSK, all
identifiable local indirect taxes (listed and finalized during the
Contract negotiations) are reimbursed to the Consultant or paid by
the Administration on behalf of the Consultant.
48. Payment Currency 48.1 Any payment under this Agreement shall be made in the
currency(s) of the Agreement.
49. Billing and 49.1 The total payments under this Agreement cannot exceed the
Payment Method Contract price specified in Article 46.1 of the GSK.
49.2 Payments within the scope of this Agreement are made in
installments against the outputs specified in Annex A , on a lump-
sum basis. Payments will be made according to the payment plan
specified in the ÖSK .
49.2.1 Advance payment: Unless otherwise stated in the
ÖSK , an advance payment is made in the amount (or amounts)
and currency (or currencies) specified in the ÖSK , against the
bank advance payment guarantee to be accepted by the
Administration. Such guarantee shall remain in effect until (i)
the full advance payment has been deducted and (ii) as
specified in Annex D or in any other form approved in writing
by the Administration. Until the entire advance payment is
deducted; The advance payment will be deducted by the
Administration in equal installments on a lump-sum basis.
49.2.2 Lump-Sum Installment Payments. The Administration
pays the Consultant within sixty (60) days after the insurance
invoice and printout(s) regarding the lump-sum payment is
received. If the administration does not find the submitted
output(s) sufficient, the payment may be stopped; In this case,
the Administration has to give an opinion to the Consultant
within sixty (60) days. Thereupon, the Consultant immediately
makes the necessary corrections and then the above-mentioned
process is repeated.
49.2.3 Final Payment . Final payment under this Agreement
is made only after the Consultant has delivered the first final
report and the said report has been satisfactorily approved by
the Administration. In this case, it is assumed that the Services
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H. DISPUTE RESOLUTION
52. Friendly Resolution 52.1 The parties seek to resolve disputes amicably through mutual
of Disputes consultation.
52.2 If a Party objects to any action or inaction of the other Party;
The objecting Party may send the other Party a written Notice of
Dispute detailing the basis of the dispute. The Party receiving the
Notice of Dispute reviews this notice and gives a written reply within
fourteen (14) days after receiving the notice. If the Party in question
does not respond within fourteen (14) days, or if the dispute cannot
be resolved amicably within fourteen (14) days after that Party's
reply, Article 53.1 of the GSK applies.
53. Dispute Resolution 53.1 Any of the Parties may bring the disputes arising from the
Contract that cannot be resolved amicably between the Parties to the
judiciary/arbitration in accordance with the provisions specified in
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the ÖSK .
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Section 8. Contract Conditions and Contract Forms (Lump Price)
II. General Conditions
Annex 1: Fraud and Corruption
(The text in this Annex will not be changed)
1. Aim
1.1 The Bank's Anti-Corruption Manual and these additional provisions shall apply to the
tenders held within the scope of the Bank's Investment Project Financing operations.
2. Requirements
2.3 In accordance with the policy adopted by the Bank; Borrowers (including beneficiaries of
bank financing), bidders, consultants, contractors and suppliers, their subcontractors,
subconsultants, service providers or suppliers, their representatives (disclosed or
undisclosed), and their employees; Observe the highest ethical standard during the
tendering process and performance of Bank-financed contracts; not to engage in acts of
fraud and corruption; wants.
b. When the Bank, the company or individual proposed for the contract, or their
personnel, representatives, subconsultants, subcontractors, service providers,
suppliers and/or their employees compete for the contract in question, directly or
indirectly, corrupt, fraudulent, reject the offer if it determines that it has resorted to
fraudulent or oppressive practices;
c. Including not informing the Bank in a timely manner when the Borrower or the
representatives of the buyer of any portion of the Loan amounts have used corrupt,
fraudulent, fraudulent, oppressive or obstructive practices during the tender process
and/or the signing of the said contract, and when the Borrower becomes aware of
these practices. If the Bank determines that it has not taken appropriate action to the
Bank's satisfaction to remedy the situation in a timely manner, it may take other
appropriate steps, including false advertisement of purchase, in addition to the legal
remedies set forth in the relevant Legal Agreement;
d. In accordance with the Bank's Anti-Corruption Guidelines and in accordance with
the Bank's current enforcement procedures and policies, a firm or individual may be
sanctioned indefinitely or for a specified period of time, and under such sanction the
relevant company or individual requires (i) to enter into a Bank-financed contract; or
benefit financially or otherwise from a bank-financed 1contract 2; expressly prohibit
any other participation in preparatory or implementation work;
1
For the avoidance of doubt, a sanctioned party's prohibition of contracting includes, but is not limited to, the following: (i) preliminarily,
either directly or as a designated subcontractor, commissioned consultant, commissioned manufacturer or supplier, or commissioned
service provider with respect to that contract. applying for qualification, expressing interest and bidding for a consultancy service, and
(ii) making an addendum or amendment to an existing contract that would materially change it.
2
A commissioned subcontractor, commissioned consultant, commissioned manufacturer or supplier, or commissioned service provider
(different names are used depending on the tender document), (i) a bidder because he adds specific and critical experience and
knowledge that will enable the bidder to meet the qualification requirements for the relevant contract. A party included in the
prequalification application or proposal by the Company or (ii) appointed by the Borrower.
Section 8. Contract Conditions and Contract Forms (Lump Price)
3
In this context, inspection activities are inherently interrogative (ie based on forensic research). It includes investigation activities carried
out by the Bank or its designated persons to address specific issues related to investigations / audits, such as assessing the truthfulness of
a potential fraud and corruption claim through appropriate mechanisms. Such activities include, but are not limited to: accessing and
examining a firm's or individual's financial records and information, and obtaining copies of them where necessary; accessing (whether
hard copy or electronic copies) of other documents, data and information deemed necessary for the investigation / audit; interviewing
staff and other relevant persons; performing physical inspections and site visits; and have information verified by third parties.
Section 8. Contract Conditions and Contract Forms (Lump Price)
1.1(a) The contract is interpreted in accordance with the laws of the Republic
of Turkey .
Consultants:
Related:
Telephone:
Fax:
12.1 The period shall be 21 calendar days or any other date agreed in writing
between the parties.
The Consultant will begin to perform the Services from the date of signing
the contract .
Confirmation of the availability of Key Experts to initiate the assignment is
submitted in writing to the Administration as a written statement signed by
each Key Expert.
Projecting within the scope of this contract on a lump sum basis, including
the preparation of the Construction Works Tender Documents, including the
technical specifications, and the other Consultancy Services defined in the
Job Description (TOR) are envisaged as 6 months.
Yes X No _____
Section 8. Contract Conditions and Contract Forms (Lump Price)
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1. Financial damages that may arise from errors in the English translation of the
prepared reports are under the responsibility of the Consultant, and all
damages and losses will be compensated by the Consultant.
2. A penalty of 1,000,00 TL (Thousand Lira) will be charged for each day that
the reports to be submitted on the date determined by the administration are
delayed.
24.1 The Consultant is responsible for all kinds of damages and losses that the
Administration may suffer due to the failure to perform the services in accordance
with the provisions of the contract or the negligence, fault or default in the
performance of the services. For this responsibility, the Consultant will insure an
insurance company. The Consultant is personally responsible for all kinds of
losses, damages and related expenses that the Administration and/or third parties
may encounter due to the mistakes, faults or negligence of those who do business
on his behalf. In this context, the Consultant will insure the following risks and
their scopes are as follows:
Third Party motor vehicle accident insurance with minimum coverage in the
country of the Employer, in accordance with the applicable law in the country of
the Administration, in respect of motor vehicles used by the Consultants or their
staff and by the Sub-consultants or their staff;
Professional liability insurance with a minimum coverage equal to two (2) times
the Contract Amount (excluding Value Added Tax).
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Employers' liability and workers' severance pay insurance for the Personnel of
Consultants and Sub-consultants at the rates specified in the relevant provisions of
the applicable Legislation, and life, health, accident, travel and other necessary
insurances related to these Personnel;
Documents showing that the insurances have been made and a copy of the policies
will be submitted to the Administration together with the premium payment
receipts. The responsibility of renewing the insurances when their term expires
belongs to the Consultant, and a copy of the renewed insurance documents will be
submitted to the Administration together with the premium payment receipts.
All insurance policies must begin on the Contract Effective date and cover the
contract expiry date.
27.2 [If there is no restriction on the future use of these documents by either party, Article
27.2 of the ÖSK should be deleted. If the Parties wish to limit such use, any of the
following options, or any other option agreed upon by the Parties, may be used:
All kinds of indirect local taxes, including VAT, arising from this Agreement
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47 .1 The employer will be responsible for the Value Added Tax (VAT) invoiced by the
and consultant at the rate required by the laws of the Republic of Turkey, over the
47.2 payments made to the consultant under the contract.
Foreign Legal Entity consultants; They are obliged to pay the withholding taxes
imposed under local laws regarding the payments made on the progress payments
they have obtained due to the implementation of the contract, either alone or as a
result of a joint venture with a foreign consultant or a local consultant. If the foreign
consultant is alone or in a joint venture with foreign consultants and is not registered
with the Tax Office in Turkey, it is obligatory for the Employer to deduct the
withholding tax from the amount to be paid to the Consultant over the progress
payments, at the rate stipulated in the regulations, and deposit it to the Tax Office on
behalf of the Consultant. Withholding paid by the Employer to the Tax Office, then
as required by the Tax Office in Turkey and the Consultant's country, as required by
bilateral agreements between the Consultant and the Tax Office, such as the
Avoidance of Double Taxation between Turkey and the Consultant's country (if
any) and local tax legislation. will be deducted from income.
a. Thirty percent of the lump-sum contract amount. (30%) will be paid after
submission of final projects (number of schools delivered / total number of
schools) to the Administration.
b. Thirty percent (30%) of the lump-sum contract amount will be paid after
the implementation projects are approved by the Administration at the rate
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d. Ten percent (10%) of the lump-sum contract amount will be paid after the
completion of the tender process services for the selection of construction
works contractors. These payments can be made within the partial
payments of 10% divided by the total number of tenders when the tender
process is completed for each school group contractor.
In the progress payments arranged by the Consultant, if there are any costs on which
the Administration is indecisive, these will be removed from the progress payment
and the remainder will be paid to the Consultant. These deductions will be included
in the next vesting, if the subsequent review confirms compliance with the terms of
the contract.
49 .2.1 No advance payment will be made for services with a lump-sum payment within the
scope of this contract .
49.2.4 Accounts:
50.1 Interest rate: Regarding the progress payment amounts that are not paid even
though they are due, in local currency; In accordance with the Code of Obligations in
the Republic of Turkey, the applicable interest rate is paid during the delay period.
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b ) For payments in foreign currency, the interest rate will be the applicable LIBOR
rate of the currency/rates of the Contract value valid during the delay period.
5. 53.1 In the case of a Joint Venture, the disputes arising in the agreements will be
resolved in the negotiations of the Joint Venture members before the Agreement, in
international arbitration according to the joint decision written in the negotiation
minutes, or in Ankara courts according to Turkish Laws.
Disputes arising in contracts with Foreign Consultants who are not members of the
Joint Venture are resolved through international arbitration.
The international arbitration option will be conducted in accordance with the
following provisions.
(a) Where the Parties agree that the dispute is related to a technical issue;
The Parties may agree to appoint a Sole Arbitrator, or in the event that
an agreement cannot be reached as to who the said arbitrator will be
within thirty (30) days of receipt by the other Party of the nomination
proposal for such appointment by the initiating Party, either Party may
elect at least five (5) candidates. for a list of [specify an appropriate
international professional body; for example, the International
Federation of Consulting Engineers (FIDIC), Lausanne, Switzerland] ,
and upon receipt of the said list, the Parties select the names one by one
from the list, and the last candidate on the list becomes the Sole
Arbitrator for the settlement of the matter in question. If the last
remaining candidate within sixty (60) days from the date of the list is not
determined as specified; At the request of either party, [insert
professional body mentioned above] will designate the Sole Arbitrator,
from list or otherwise, for the dispute in question.
(b) If the Parties do not agree that the dispute is related to a technical issue;
The Administration and the Consultant each appoint one (1) arbitrator,
and these two arbitrators together determine the third arbitrator to
preside over the arbitral tribunal. If, within thirty (30) days after the
appointment of the second of the two (2) arbitrators determined by the
Parties, the arbitrators designated by the Parties fail to appoint a third
arbitrator; At the request of either party, the third arbitrator [specify an
appropriate appointing authority; for example, General Secretary of the
Permanent Court of Arbitration, International Center for Settlement of
Investment Disputes in The Hague, Washington DC; International
Chamber of Commerce, Paris; etc.] .
(c) In a dispute subject to paragraph (b) above, if one Party fails to nominate
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the other Party within thirty (30) days after appointing its arbitrator; The
Party that appoints its arbitrator may apply to [specify the appointing
authority referred to in paragraph (b)] to designate the Sole Arbitrator for
the matter in question, and the arbitrator appointed pursuant to that
application becomes the Sole Arbitrator for the dispute in question.
3. Deputies for Arbitrators In case the arbitrator is unable to fulfill his/her function
for any reason; the substitute arbitrator shall be appointed in the same manner as
the principal arbitrator.
(e) the Consultant [Note: If the Consultant consists of more than one
business, include: or the country of its members or any of the Parties
] company establishment , or
(f) The country where the Consultant [or its members or any of the
Parties] has its principal place of business; or
(g) The country or country to which the majority of the Consultant [or its
members or any of the Parties] stakeholders are subject
(h) Country to which the relevant Subconsultants are subject, where the
dispute involves subcontracting.
(e) For all purposes the language [language type] is the official language
and
The decision of the Sole Arbitrator or the majority of the arbitrators (or the third
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arbitrator if such majority is not achieved) is final and binding and enforceable in
any court of competent jurisdiction, and the Parties hereby waive any immunity
claims or objections to such practice.
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Chapter 9. Tender Decision Notification of Intent and Right to Use Forms
IV. appendices
APPENDIX A – JOB DESCRIPTION
[In this Appendix; The final Job Descriptions (TOR) prepared by the Administration and the
Consultant during the negotiations, the completion dates of the various tasks, the places
where the different tasks will be performed, the detailed reporting conditions and the list of
outputs for which the Consultant will be paid , the input of the Administration, including the
equivalent personnel assigned by the Administration to work on the Consultant's team, and
There are specific tasks or actions that require management's prior approval.
Include the modified text with reference to Form TECHNICAL-1 to TECHNICAL-5A in the
Consultant Proposal, based on Chapter 7 (ToR) of the ITC in the RFP. Highlight the changes
made in Chapter 7 of the RFP]
………………………………………………………………………………………………
Attach the table based on Form TECHNICAL-6A of the Consultant's Technical Proposal and
finalized during the Contract negotiations.] Include the CVs of the Key Experts (updated and
signed by the relevant Key Experts) showing their qualifications
………………………………………………………………………….
[Add the table with the unit rates to get the distribution of the lump sum price. If available, the
table is based on the Consultant's Proposal [Forms FIN-3A and FIN-4A] and reflects the
changes agreed upon in the Contract negotiations. The footnote lists the changes made to
[Forms FIN-3A and FIN-4A] during the negotiations or states that no changes were made.]
"Agreed upon remuneration rates are specified in the attached Model Form I. This form
is prepared based on the RFP Form FIN-3 Appendix A "Consultants' Statements
Regarding Costs and Expenses" submitted by the Consultant to the Administration before
the Contract negotiations.
inaccurate statements. The amendment has retroactive effect and if the Administration
has already paid the fee before the change is made, (i) the Administration has the
authority to compensate for the overpayment in the next monthly payment to the
Consultant, or (ii) any other payment made by the Administration to the Consultants. If
there is no payment, the Consultants shall reimburse the Administration for the
overpayment made within thirty (30) days after receiving the written request of the
Administration. Pursuant to GSK Article 49.2.3 in this Agreement , the Administration
must make a request for the said reimbursement within twelve (12) calendar months
following the receipt of the final statement and final report approved by the
Administration .
Section 8. Contract Conditions and Contract Forms (Lump Price)
Model Form I
Distribution of Fixed Rates Agreed on in the Consultant's Contract
We hereby certify that we agree to pay the following basic fees and out-of-home per diems (if applicable) to the Professionals
listed below who are involved in the performance of the Services:
Experts one 2 3 4 5 6 7 8
Base Pay Rate Agreed Fixed Fee Agreed Fixed Fee
General
per Social Profit Home Office per per
Name Position Expenses Subtotal
Month/Day/Year Fees 1 1
2 Allowance Month/Day/Hour Month/Day/Hour
Worked Worked Worked 1
Company
Headquarters/Home Office
Working in the
Administration's Country
1. Given as a percentage of 1
2. Given as a percentage of 4
* if more than one currency is used, add a table
Signature Date
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Section 8. Contract Conditions and Contract Forms (Lump Price) 235
APPENDIX D - ADVANCE PAYMENT GUARANTEE FORM
LUMP FEES WILL NOT APPLY TO THE AGREEMENT
[See GSK Article 49.2.1 and ÖSK Article 49.2.1]
At the request of the Consultant, we, as the Guarantor, provide the Beneficiary with a total of
___________ [amount to be written in figures] ( ) [amount to be written in
writing], an amount not exceeding 1 , stating that the Consultant has not fulfilled its
obligations under the Contract, either in the request itself or in a separate signed document
accompanying the request or supporting the request, on the following grounds, and upon
receipt of the Beneficiary's eligible request, supported by the Beneficiary's written statement.
we do:
(a) Failure of the Consultant to repay the advance payment under the terms of the
Agreement and determination of the amount that the Consultant was unable to repay
(b)
(b) The Consultant uses the advance payment for purposes other than to perform the
Services under the Contract.
For any payment or request to be made within the scope of this guarantee, the above-
mentioned advance payment shall be made by the Consultant at _________________ [Bank's
name and address]. The account number ___________ It must be obtained through account
information.
shall be progressively reduced by the amount of the advance payment repaid by the
Consultant, as indicated on the certified statements or invoices marked as "paid" by the
Administration to be presented to us . This coverage expires at the latest upon receipt by us of
proof of payment or invoice showing that the Consultant has fully repaid the advance
(b) 1
The Guarantor shall add an amount representing the advance payment amount and specified in the
currency(s) used for the advance payment as specified in the Contract or in any convertible currency accepted
by the Administration.
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Bölüm 8. Sözleşme Koşulları ve Sözleşme Formları (Götürü Bedel) 236
This Compound Rules for Demand Guarantees are governed by the (URDG) 2010 revision,
ICC Edition No.758.
_____________________
_____________________
[signature(s)]
{Note: All texts in italics are intended to assist in the preparation of this form and should be
deleted from the final product.}
THE LETTER OF GUARANTEE TO BE GIVEN BY BANKS OUTSIDE TURKEY
MUST BE GIVEN WITH THE CONTRACTING GUARANTEE OF A BANK
ACCEPTED BY THE EMPLOYER REGISTERED IN THE BANKING SYSTEM OF
THE REPUBLIC OF TURKEY.
Enter the expected due date. In case of extension of the period for the completion of the
_____________________2
contract; The Administration will be required to request from the Guarantor an extension of the period for the
said guarantee. The said request must be in writing and must be made before the due date specified in the
collateral. In preparing this guarantee, the Administration may consider adding the following text at the end of
the penultimate paragraph: "The Guarantor may, in response to the Administration's written request for an
extension, prolong the guarantee for a maximum period of [six months][one year], provided that the request is
submitted to the Guarantor before the guarantee expires. accepts a one-time extension.
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Bölüm 8. Sözleşme Koşulları ve Sözleşme Formları (Götürü Bedel) 238
We,
(a) We were not subject to any prohibition by the Bank due to non-fulfillment of CSI/CT obligations
(b) We were subject to a ban by the Bank due to non-fulfillment of CSI/CT obligations
(c) We were previously banned by the Bank due to non-fulfillment of CSI/CT obligations. However,
an arbitration decision was made in our favor in the ban case.
[ If option (c) above applies , the ban Attach evidence of the arbitration award that overrules the
findings on the issues underlying the award.]
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Section 8. Contract Conditions and Contract Forms (Lump Price) 239
PART III
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Bölüm 8. Sözleşme Koşulları ve Sözleşme Formları (Götürü Bedel) 240
[ This Tender Decision Notice of Intent will be sent to each Consultant whose Financial
Bid has been opened. Send this Notice to the Consultant's authorized representative].
[IMPORTANT: Enter the date this Notice was delivered to all Consultants. The
notification should be sent to all Consultants simultaneously, that is, on the same date and
as close to each other as possible.]
DATE OF TRANSMISSION : This Notice was sent on [ date ] at ( local time ) via [ e-
mail / fax ].
This Tender Decision Notice of Intent (Notice) has been sent to inform our decision
regarding the above contract. With the delivery of this Notice, the Objection Period begins.
Within the Objection Period;
a) You may request clarification regarding the evaluation of your proposal, and/or
1. Successful Consultant
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Chapter 9. Tender Decision Notification of Intent and Right to Use Forms 241
2. Shortlisted Advisors [INSTRUCTIONS: Name all Shortlisted Advisors and indicate which Advisors submitted Bids. Where required by
the selection method, indicate the price of each Consultant's Bid read and evaluated. Enter the total technical scores and the scores deter-
mined for each criterion and sub-criteria. Select either the Detailed Technical Offer (DTT) or the Simplified Technical Offer (BTT) in the
last column below.]
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Chapter 9. Tender Decision Notification of Intent and Right to Use Forms 243
[ enter name ] …
… …
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3. Reason(s) why your bid failed [ Delete if the composite score result already reveals ]
[INSTRUCTIONS; Indicate the reason(s) why this Consultant's Offer failed (a) a point-
by-point comparison with another Consultant's Offer, or (b) DO NOT include
information marked as CONFIDENTIAL by the Consultant in their Offer.]
4. How to request clarification from the administration [ This only applies if your offer
is unsuccessful as set out in paragraph (3) above ]
DEADLINE: The deadline for requesting clarification ends at midnight ( insert local
time ) on [ insert date ].
You can request an explanation about the evaluation results of your proposal. If you
decide to request clarification, your written request must be submitted within three (3)
Business Days from the date you receive this Notice of Intent for the Tender Award.
Specify the contract name, reference number, Consultant name, contact information and
write your request for clarification:
Attention : [ insert the full name of the person concerned ]
Title/task : [ enter title/task information ]
Institution : [ Enter the name of the administration ]
E-mail address : [ enter e-mail address ]
Fax number : [ enter fax number ] delete if not used
If your request for clarification is received within three (3) Business Days, you will receive
a clarification within five (5) Business Days from the date we receive your request. If we
are unable to send you a clarification within this time, the Objection Period will be
extended by five (5) Business Days from the date the clarification was served. If this
happens, we will confirm by notifying you of the expiry date of the extended Appeal
Period.
Disclosure can be made in writing, over the phone, via video conference call or in person.
You will be promptly notified in writing of how the disclosure will be made and the date
and time will be confirmed.
If the deadline for requesting clarification has passed, you can still request clarification. In
this case, clarification will be provided to you as soon as appropriate and this period will
normally not be longer than fifteen (15) Business Days from the publication of the Tender
Decision Notice.
DEADLINE: The deadline for filing a Tender Complaint that objects to a tender
decision ends at midnight ( insert local time ) on [ insert date ].
the contract name, reference number , Consultant name, contact information and write your
Complaint about the Tender:
Attention : [ insert the full name of the person concerned ]
Title/task : [ enter title/task information ]
Institution : [ Enter the name of the administration ]
E-mail address : [ enter e-mail address ]
Fax number : [ enter fax number ] delete if not used
[At this point in the bidding process] [After receiving this notice] you may file a Tender-
related Complaint challenging the Tender decision. You do not need to have requested or
received clarification prior to filing this Complaint. Your Complaint must be submitted
within the Appeal Period and received by us before the Opposition Period expires.
More information :
For more information, see “Purchasing Arrangements for IPF Borrowers ( Purchasing
Arrangements ) (Annex III).” You should read these provisions before preparing and
presenting your complaint. In addition, the World Bank's Guide to “How to Submit Tender
Complaints” provides useful information on this process and a sample complaint letter
template.
In summary, there are four key requirements:
1. You must be an 'Related Party'. In this case, you must be a Consultant who has sub-
mitted a Bid for the selection process and received the Tender Notice of Intent.
2. In the complaint, only the tender decision can be appealed.
3. You must submit your complaint within the time specified above.
4. You must include all the information required in the Procurement Regulations (as
described in Annex-III) in your complaint.
6. Objection Period
DEADLINE: The Appeal Period expires at midnight ( insert local time ) on [ insert
date ].
The Objection Period is ten (10) Business Days from the date of receipt of this Tender
Decision Notification of Intent.
The appeal period may be extended. The Objection Period is extended if we are unable to
respond to a request for clarification within five (5) Business Days. In such a case, you
will be notified of the time extension.
If you have any questions regarding this Statement, please do not hesitate to contact us.
Signature : ______________________________________________
Name: ______________________________________________
Title/Post: ______________________________________________
Phone: ______________________________________________
Email: ______________________________________________
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the Tender Decision dated [insert the date of the notification of the tender decision] ,
additional information on the right to benefit is brought to your attention below: [use the
appropriate option, delete the ineligible ones]
Entitlement Details
Identity of Benefit Directly or indirectly Directly or Have the power to
Owner owning 25% or more indirectly owning appoint, directly or
of the shares 25% or more of the indirectly, the Board
voting shares of Directors or the
(Yes No) Consultant's
(Yes No) equivalent governing
body by simple
majority.
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Chapter 9. Tender Decision Notification of Intent and Right to Use Forms 249
OR
(ii) We declare that there are no Beneficiaries who meet one or more of the following
conditions:
OR
(iii) We declare that no Beneficiary has been identified who meet one or more of the
following conditions. [If this option is used, the Bidder must explain the reasons for not
detecting]
Directly or indirectly owning 25% or more of the shares
Directly or indirectly owning 25% or more of voting privileges
Have the authority, directly or indirectly, to appoint the Board of Directors or the
Consultant's equivalent governing body by simple majority.]”
Name of the Consultant : * [ Enter the full name of the Consultant ]_________
On behalf of the Consultant Name of the person authorized to sign the Proposal : ** [
Enter the full name of the representative authorized to sign the Proposal ]___________
Title of the person signing the proposal : [ Enter the full title of the person signing the
proposal ]______
Signature of the person named above : [ signature of the person named and titled above
]_____
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Chapter 9. Tender Decision Notification of Intent and Right to Use Forms
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