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STANDARD PURCHASE

DOCUMENT

Offer Request Document


Consultancy services
Standard Request for Quotation Document

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Standard Request for Quotation Document

Standard Purchasing Document

SUMMARY
PART I - ELECTION PROCEDURES AND REQUIREMENTS

Part 1: Request for Proposals (RFP) Letter

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.

Section 2: Instructions and Information Form for Consultants

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.

Section 3: Technical Proposal - Standard Forms

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.

Section 4: Financial Proposal - Standard Forms

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.

Section 5: Eligible Countries

This Section contains information on eligible countries.

Chapter 6: Fraud and Corruption

This Section contains the fraud and corruption provisions applicable to this selection method.

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Standard Request for Quotation Document

Chapter 7: ToRs (TORs)

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.

SECTION II - CONTRACT TERMS AND CONTRACT FORMS

Section 8: Standard Contract Forms

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.

PART III – TENDER DECISION LOOKS AND BENEFICIARY PROPERTY FORMS

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

FOR CONSULTING SERVICES


REQUEST FOR OFFER DOCUMENT

Project Name
DISASTER RISK MANAGEMENT PROJECT IN SCHOOLS (P157683)

Tender No: NDRM1-WB-DH-06


Project Design and Construction Supervision Consultancy
Services for Reconstruction Works of Educational Buildings in
İzmir Province

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

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

Part 1. Letter of Invitation to Bid

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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:

1. Republic of Turkey; He received a loan of US$ 300,000,000 from the International


Bank for Reconstruction and Development (IBRD) for the expenses of the "Reducing
the Disaster Risk in Schools" (DRMIS) Project carried out by the Ministry of
National Education, General Directorate of Construction and Real Estate (MEB). The
Ministry of National Education wishes to use a portion of the aforementioned loan for
the payments for the consultancy services contract to be realized. Within the scope of
this service procurement, it is envisaged that the reconstruction, design and
construction supervision works of 27 training facilities in total in the province of İzmir
will be carried out. The services will consist of two phases: design studies and
construction supervision. Payments to be made by the Bank will only be made upon
the request of the Administration and the approval of the Bank, and in all respects :
will be subject to the terms and conditions of the loan agreement. In the loan
agreement, withdrawals from the loan account for the purpose of making payments to
individuals or entities or importing goods are not valid for payments or imports that
are prohibited pursuant to a United Nations Security Council resolution taken under
Chapter VII of the United Nations Treaty, with the knowledge of the Bank. No party
other than the Administration may derive any rights from the loan agreement or claim
any proceeds from the loan.

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.

3. Administration, Project Design and Construction Supervision of Reconstruction


Works of Educational Buildings in İzmir Province invites proposals for the
provision of consultancy services (hereinafter referred to as "Services"). More
detailed information about the Services is provided in the Terms of Reference
(Section 7) section.
4. This Request for Proposals Document (RFP) has been sent to the following
Consultants who have been shortlisted.

  Company Name

on WAPCOS LIMITED (Pilot Partner) -TECNOSISTEM SPA-METROPLAN MÜŞAVİRLİK


e MÜHENDİSLİK SANAYİ VE TİC. LTD. STI. JOINT VENTURE (India-Italy-Turkey)

2 PLUS MIME. ENG. MUS. COMMITMENT. TRADE. LTD. STI. (Turkey)

APCO (Pilot Partner) - HILMI GUNER ARCHITECTURE JOINT VENTURE (Turkey-


3 Turkey)

KOLTEK CONSULTING INC. (Pilot Partner) - ÜÇER MÜŞAVİR ENG. Inc. JOINT
4 VENTURE (Turkey-Turkey)

5 PROKON ENGINEERING AND CONSULTANCY INC. (Turkey)

6 TÜMAŞ TURKISH ENGINEERING MUS. AND MIT. Inc. (Turkey)

NKY ARCHITECTS AND ENGINEERS A.S. (Pilot Partner) - PROTEK YAPI


7 ARCHITECTURE ENGINEERING CONSULTANCY JOINT VENTURE (Turkey-Turkey)

8 OPTİMAL (Pilot Partner) - EFH - ENVESU JOINT VENTURE (Turkey-Turkey-Turkey)

5. This Call for Proposals Document cannot be forwarded to any other company.

6. Firm selection is based on Least Cost Selection (LCS) procedures, as described in


this RFP, in accordance with the Bank's “Purchase Arrangements for IPF Borrowers
(“Purchasing Arrangements”) of the August 2018 version available at
www.worldbank.org. and in Detailed Technical Offer (FTP) format. The Guide Book
is available at www.worldbank.org/procure .

The RFP includes the following documents:

Part 1 - Letter of Invitation to Request Proposal


Part 2 - Instructions and Information Form for Consultants
Part 3 - Technical Offer - FTP - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - Eligible Countries
Chapter 6 - Fraud and Corruption
Chapter 7 - Terms of Reference (TOR)
Section 8 - Standard Contract Forms ( Time-Based and Lump-Sum)
Standard Request for Quotation Document

7. As soon as we receive this offer letter, within ten (10) calendar days in writing to the
address below; via e-mail address;

(a) You have received this Offer Request Letter; and


(b) by requesting permission to cooperate alone or with another firm(s) Inform us in
writing (if permitted under Part 2 of the Information Sheet 14.1.1 Instructions to
Consultants (ITC)) as to whether you will bid by increasing your experience.

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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Chapter 2. Instructions and Information Form for Consultants


CONTENTS

A. General Provisions .............................................................................................................7


1. Definitions ...............................................................................................................7
2. Introduction ............................................................................................................9
3. Relationship of Interest .......................................................................................1 0
4. Unfair Competitive Advantage ...........................................................................11
5. Fraud and Corruption ........................................................................................1 1
6. Eligibility ..............................................................................................................1 2
B. Preparation of Bids .........................................................................................................1 3
7. General Considerations ......................................................................................1 3
8. Bid Preparation Cost ...........................................................................................1 3
9. Language ..............................................................................................................1 4
10. Documents Constituting the Offer ................................................................1 4
11. Single Offer ......................................................................................................1 4
12. Offer Validity ..................................................................................................1 4
13. Clarifying and Modifying the RFP ................................................................1 5
14. Preparation of Bids – Special Considerations ..............................................1 6
15. Format and Content .................................................of the Technical Offer 1 7
16. Financial Offer ................................................................................................1 7
C. Submission, Opening and Evaluation of Bids ...............................................................17
17. Submission, Sealing and Marking of Bids ....................................................1 7
18. Privacy .............................................................................................................1 9
19. Opening ...............................................................................Technical Offers 19
20. Offer Evaluation 20 _............................................................................................
21. Evaluation of Technical Proposals .................................................................20
22. Financial Proposals for QBS ...........................................................................20
23. Public Opening of Financial Proposals (for QCBS, FBS and LCS methods)
20
24. Fixing Errors ....................................................................................................22
25. Taxes ..................................................................................................................22
26. Conversion to a Single Currency ....................................................................23
27. Combined Quality and Cost Assessment .......................................................23
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D. Negotiations and Tender Decision .................................................................................2 4


28. Negotiations .....................................................................................................2 4
29. Concluding Negotiations .................................................................................25
30. Objection Period ...........................................................................................25 _
31. Notification of Intent for Tender .....................................................Decision 25
32. Tender Decision Announcement ....................................................................2 6
33. Informing by the Administration ..................................................................2 7
34. Signing the Contract ........................................................................................27
35. Complaints about the Tender .........................................................................28
E. Information Form ............................................................................................................29

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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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which is used to reflect specific country and business


conditions by adding without modifying the provisions of
the ITC section .
(l) “Day” refers to the calendar day unless specified as “
Business Day ”. Business Day means the Borrower's
official working days. It does not include the debtor's
public holidays.
(m)“ES” means environmental and social (including Sexual
Exploitation and Abuse (SSI) and Sexual Harassment
(CT))
(n) “Experts” means all Key Experts, Non-Key Experts or
other personnel of the Consultant, Sub-Advisor or Joint
Venture member(s).
(o) “Government” means the government of the country of
the Administration.
(p) “ In writing ” means transmitted in writing together with
proof of receipt (for example, by post, e-mail, fax,
including those distributed or received by the
Administration via electronic tender method, if specified
in the Information Form).
(q) A “Joint Venture (JV)” is a separate legal entity from its
members, in which a member has the power to carry out
the entire business on behalf of and for the benefit of any
or all of the JV members, and the JV members are jointly
and severally (collectively and separately) liable to the
Administration for the performance of the Agreement. It
refers to a combination of more than one Consultant, with
or without personality.
(r) “Key Expert(s)” means an individual professional whose
skills, qualifications, knowledge and experience are
critical to the performance of the Services under the
Contract and whose CV is taken into account during the
technical evaluation of the Consultant's proposal.
(s) “ITC” (RFP Part 2) means Instructions to Consultants that
provide shortlisted Consultants with all the information
necessary to prepare their Proposals.
(t) “Non-Key Specialist(s)” means an individual professional
provided by the Consultant or Sub-Consultant, assigned to
perform the Services under the Contract or any part of
those Services, and whose CVs are not considered

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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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expected results and outputs.


* A non-exhaustive list of (i) conduct constituting CSI
and (ii) conduct constituting CT is provided in the Annex
to the Code of Conduct in Chapter 3.
2. Entrance 2.1 The Administration named in the Information Form aims
to select a Consultant among those listed in the Request for
Proposals Document, in accordance with the selection method
specified in the Information Form .
2.2 Shortlisted Consultants are invited to submit a Technical
Offer and Financial Offer or only a Technical Offer, as specified
in the Information Form , for the consultancy services needed
for the work specified in the Information Form. The Proposal will
serve as the basis for negotiating with the chosen Consultant and
ultimately concluding the Contract.
2.3 Consultants should familiarize themselves with local
conditions and should take these conditions into account when
preparing their Proposals, including attendance at the pre-bid
conference if specified in the Fact Sheet . Participation in such a
pre-bid conference is optional and participation costs are borne by
the Consultants.
2.4 shall provide the Consultants with the necessary inputs,
relevant project data and reports in a timely manner so that the
Consultant can prepare his/her Proposal, at no cost and as
specified in the Information Form .
3. Interest 3.1 The Consultant must provide professional, objective and
Relationship impartial advice, always keeping the interests of the
Administration in the foreground, completely avoiding conflicts
with other business or his own company interests, and acting
without consideration of future work.
3.2 The Consultant is obliged to notify the Administration of
realized or potential disputes that affect its capacity to best serve
the interests of the Administration. Failure to report such
circumstances may result in the disqualification or termination of
the Consultant's Contract and/or sanctions by the Bank.
3.2.1 Without limiting the general nature of the above
provisions, the Consultant is not employed in the following
cases:
a. Conflicting (i) Dispute between consultancy activities and procurement
activities of goods, works or non-consulting services: a firm
employed by the Administration for the provision of

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goods, works or non-consulting services within the


scope of a project or any of its Subsidiaries, such goods,
works or non-consulting services. are prohibited from
providing consultancy services arising from or directly
related to the services. Conversely, a firm or any of the
firm's Subsidiaries hired to provide consultancy services
for the preparation or implementation of a project
subsequently receives goods, business or non-consulting
services arising from or directly related to such
preparatory or implementation consulting services.
prohibited from presenting.
b. conflicting jobs (ii) Conflict between Consulting jobs : a Consultant
(including its Specialists and Sub-Consultants) or any of
the Consultant's Affiliates may not be employed for any
work that may in nature conflict with another job
performed by the Consultant for the same or another
Administration.
c. conflicting (iii) Relationships with Administration's staff: The Borrower
relationships (or Administration or implementing agency or a
recipient of a portion of the Bank's funding) may have
any part of the (i) preparation of the ToR for the job, (ii)
the selection process for the contract, or (iii) the audit of
the engagement. A Consultant (including its Experts and
Sub-Consultants) who has a close or family relationship
with a professional staff member directly or indirectly
involved cannot qualify for the Agreement unless the
dispute arising from this relationship is resolved in an
acceptable manner by the Bank during the selection
process and the performance of the Agreement.
4. Unfair 4.1 To ensure fairness and transparency in the selection
Competitive process, Consultants or Affiliates competing for a particular
Advantage business should not gain a competitive advantage by having
previously provided consulting services related to that business.
For this purpose, the Administration shall specify in the
Information Form all the information that will give the said
Consultant an unfair competitive advantage over the competing
Consultants and will present it to all the shortlisted Consultants
together with this RFP.
5. Fraud and 5.1 The Bank requires compliance with the existing sanctions
Corruption procedures and policies outlined in the Anti-Corruption Manual
and the World Bank Group Sanctions Framework described in
Chapter 6.
5.2 For compliance with this policy, the Consultants will allow

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Chapter 3. Technical Proposal – Standard Forms

the Bank to inspect all accounts, records and other documents


related to the shortlisting process, submission of Bids and
performance of the contract (if they win the contract) and have
them audited by auditors appointed by the Bank, whether
disclosed or undisclosed), its subcontractors and subconsultants,
service providers, suppliers and employees.
6. Suitability 6.1 The Bank allows consultants from all countries
(individuals and firms, including Joint Ventures and their
individual members) to offer to provide consultancy services
within the scope of Bank-financed projects.

6.2 In addition, it is the Consultant's responsibility to ensure


that its Experts, joint venture members, Sub-Consultants,
representatives (whether declared or not), sub-contractors, service
providers, suppliers and/or employees meet the eligibility
requirements set by the Bank's Relevant Procurement Regulations.

6.3 As an exception to the provisions of ITC 6.1 and ITC 6.2


above:
a. sanctions 6.3.1 A consultant sanctioned pursuant to the Bank's
Anti-Corruption Guidelines in accordance with the
applicable sanctions policies and procedures of the World
Bank Group Sanctions Framework described in Section VI
paragraph 2.2 d of Fraud and Corruption may enter into a
Bank-financed contract for a period determined by the
Bank. cannot be shortlisted, bid or contract, or benefit
financially or otherwise from a Bank-financed contract. The
list of prohibited companies and individuals can be accessed
from the electronic address specified in the Bid Information
Form.
b. prohibitions 6.3.2 Firms and persons in a country, or goods
manufactured in a country, may not be eligible to participate
in the tender, if such an issue is specified in Chapter 5
(Eligible Countries) and in the following cases:
(a) the Borrower's country prohibits commercial relations
with that country under law or government regulation,
provided the Bank is satisfied that effective
competition for the provision of the Services needed
will not become impossible; 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,

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person or entity in that country.


c. Restrictions on 6.3.3 Consultants who are state-owned enterprises or public
State Economic institutions in the Administration's country are only
Institutions acceptable to the Bank if they: (i) are legally and financially
autonomous, (ii) operate under commercial law, and (iii) are
not under the control of the Administration. they may
participate in the tender for the Contract(s) and sign a
contract.

D. Restrictions on 6.3.4 Government officials and civil servants in the


Government Borrower's country may not be included as Experts,
Employees individuals or team members in the Consultant's Proposal,
except in the following cases:
(i) the services provided by the public official or civil
servant are unique and exceptional, or their participation is
critical to project implementation; And
(ii) their employment will not create a conflict of interest,
including a conflict of interest, with the Borrower's
employment or other related laws, regulations or policies.

to. Prohibitions 6.3.5. A firm sanctioned by the Borrower is prohibited from


Enforced by the contract, unless the Bank is satisfied, at the Borrower's
Borrower request, that (a) the ban relates to fraud or corruption and (b)
has complied with a judicial or administrative procedure that
gives the firm the right to follow an adequate legal process.
can participate in the tender.

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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3. Language 3.1 In addition to the correspondence and document exchange


between the Consultant and the Administration, the Proposal shall
be written in the language(s) specified in the Information Form .
4. Documentatio 4.1 The offer will include the documents and forms listed in
n Making the the Information Form .
Offer
4.2 in the Information Form , the Consultant shall include an
undertaking declaring that, when competing for and performing
the contract, the Administration will comply with the laws
applicable in its country regarding corruption and fraud (including
bribery).
4.3 As requested in the Financial Offer form (Section 4), the
Consultant shall include information on this Offer and, if awarded,
commissions, donations and fees (if any) paid or payable to agents
or any other party for performance of the Contract.
5. Single Offer 5.1 The Consultant (including individual members of any Joint
Venture) will submit a single Proposal within the Joint Venture on
its own behalf or in another Proposal. If Consultants, including
any Joint Venture members, submit or participate in more than one
bid, all such bids will be disqualified and rejected. However, this
provision does not prevent a Sub-Advisor or its staff from
participating in more than one Proposal as Key Expert and Non-
Key Expert when the circumstances are appropriate and as
specified in the Fact Sheet .
6. Offer Validity 6.1 Bids remain valid until the date specified in the
Information Form or until the end of the time extension if a
change has been made in accordance with the provisions of
ITC 13.1.1.

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.

6.3 any of the Key Experts nominated in the Consultant's


Proposal is found to be unavailable at the time of Proposal or was
included in the Proposal without confirmation, that Proposal will
not be disqualified and accepted for consideration and may be
subject to sanctions pursuant to ITC 5.

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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6.5 If the Consultant agrees to extend the Offer validity period,


no changes will be made to the original Proposal and Key Experts
will be confirmed, with the exception of the cases provided for in
ITC 12.7.

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.

b. Replacement of 6.7 If any of the Key Experts is unavailable during the


Key Experts in extended validity period, the Consultant will attempt to appoint
the Case of another Expert to replace that Expert. The Consultant shall submit
Extension of a sufficient written justification and evidence satisfactory to the
Validity Administration, together with the request for replacement of
experts. In such a case, the new Key Expert will have the same
qualifications and experience as or better than the originally
offered Key Expert. However, the technical evaluation score will
be based on the initial Key Specialist's resume (CV) evaluation.

6.8 If the Consultant is unable to provide a new Key Expert


with equivalent or better qualifications, or if the reasons or
justification for the replacement of the original Key Expert are not
acceptable to the Administration, the said Proposal will be rejected
with the prior approval of the Bank.

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

7.1.2 In the event of a major modification, the


Administration may extend the submission deadline to allow
a reasonable period of time for the shortlisted Consultants to
reflect the modification in their Proposals.
7.2 The Consultant may submit an amended Bid or make
changes to any part of the Proposal at any time prior to the bid
submission deadline. No changes to the Technical or Financial
Offer will be accepted after the bid submission deadline.
8. Preparation of 8.1 The Consultant should pay particular attention to the
Bids – Special following during the proposal preparation phase:
Consideration
s 8.1.1 If the Consultant considers that he can increase his
business expertise by collaborating with other consultants as
a Joint Venture or Sub-Consultant, and as permitted in the
Fact Sheet , the Consultant may do so with (a) non-
shortlisted Consultant(s) or (b) shortlisted Consultant. In all
such cases, the shortlisted Consultant must obtain the
written approval of the Administration prior to submission
of the Proposal. In case of cooperation in the form of a joint
venture or sub-consultancy with non-shortlisted firms, the
shortlisted Consultant will be the main member. If the
shortlisted Advisors are to cooperate with each other, any of
them can become a main member.
8.1.2 The Administration may include in the
Information Form the estimated time input of Key
Experts (in man-months) or the estimated total cost of
work calculated by the Administration, but not both at
the same time. This estimate is indicative; The proposal
will be based on the Consultant's own estimates of the same.
8.1.3 in the Fact Sheet , the Consultant will include in
his Proposal at least the same time entry ( in the unit
specified in the Fact Sheet ) for the Key Experts;
otherwise, the Financial Bid will be adjusted for the purpose
of comparing bids and making a tender decision in
accordance with the procedure in the Information Sheet .
8.1.4 Estimated time input of Key Experts is not
disclosed for jobs performed by selection method under
Fixed Budget. The total available budget, together with a
statement as to whether taxes are included or excluded, is
given in the Fact Sheet and the Financial Proposal is
expected not to exceed this budget.
9. Format and 9.1 The Technical Offer will be prepared using the Standard

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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

C. Submission, Opening and Evaluation of Bids


11. Submission, 17.1 The Consultant will submit a signed and complete
Sealing and Proposal containing documents and forms under ITC 10
Marking of Bids (Documents Making up the Bid). Consultants will indicate

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Chapter 3. Technical Proposal – Standard Forms

confidential information regarding their business activities as


"CONFIDENTIAL" in their Proposals. This information may
include proprietary information, trade secrets, or commercially
or financially sensitive information. Delivery can be by post or
hand delivery. If specified in the Information Form , the
Consultant has the option to submit their Proposals
electronically.
17.2 The consultant's authorized representative will sign the
original delivery documents in the format required for both the
Technical Offer and the Financial Offer, if any, and initial all
pages of both offers. The authorization will be in the form of a
written power of attorney attached to the Technical Offer.

17.2.1 A Proposal submitted by the Joint Venture shall


be signed by all members to be legally binding for all
members or by an authorized representative holding a
written power of attorney signed by the authorized
representative of each member.

17.3 Any correction, revision, addition, deletion or change


will only be effective if signed or initialed by the person signing
the Bid.

17.4 The signed Proposal shall be marked with the wording


"ORIGINAL" and the copies with the wording "COPY" as
appropriate. The number of copies is stated in the Information
Sheet . All copies will be copies of the signed original. In case
of differences between the original copy and the copies, the
original copy shall prevail.

17.5 The original and all copies of the Technical Proposal


shall be clearly marked with the " TECHNICAL OFFER ",
"[Name of Work]", [reference number], [Name and address of
the Consultant] and "[WRITE DATE AND TIME OF
SUBMISSION FOR TECHNICAL OFFER]" DO NOT
OPEN BEFORE ” will be placed in a sealed envelope that
says.

17.6 Similarly, the original copy of the Financial Proposal (if


necessary for the selection method applied) and copies clearly
indicate " FINANCIAL OFFER ", [name of work], [reference
number], [name and address of the Consultant] and "DO NOT
OPEN WITH TECHNICAL OFFER " shall be placed in a
separate sealed envelope.

17.7 Sealed envelopes containing the Technical and


Financial Proposals will be placed in an outer envelope and
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Standard Request for Quotation Document

sealed. On this outer envelope shall be written the name of the


Contracting Entity as the recipient, the delivery address, RFP
reference number, the name of the job, the name and address of
the Consultant, and the statement " DO NOT OPEN BEFORE
[Write the deadline and time of submitting bids specified in the
Information Form]".

17.8 If the envelopes and packages containing the offer are


not properly sealed and marked, the Administration shall not be
liable for misplaced, lost or premature opening of the offer.
17.9 The proposal or the changes made on the proposal will
be sent to the address specified in the Information Form and
delivered to the Administration before the deadline specified in
the Information Form or the date when this deadline is
extended. Bids received after the deadline for submitting bids to
the Administration will be rejected on the grounds of lateness
and will be returned immediately unopened.
12. Security 18.1 From the time the bids are opened to the time the
Tender decision is announced, the Consultant should not
contact the Administration on any matter related to the
Technical and/or Financial bid. Information regarding the
evaluation of bids and tender decision proposals will not be
disclosed to the Bidding Consultants or any other party not
formally involved in the process until the Tender Notice of
Intent is published. The cases where the Administration notifies
the Consultants of the evaluation results of technical proposals
constitute an exception to this ITC provision.
18.2 Attempts by the shortlisted Consultants, or any on
behalf of the Consultant, to improperly influence the
Administration in the evaluation of the Bids or the finalization
of the Tender decision may result in the rejection of their
Proposals and may be subject to the enforcement of the Bank's
applicable sanctioning procedures.
18.3 if the Consultant wishes to communicate with the
Administration or the Bank on any matter relating to the
selection process, from the time the Bids are opened to the time
the Tender decision is published, he must do so only in writing.
13. Opening 19.1 will open Technical Proposals in the presence of
Technical Offers authorized representatives of the shortlisted Consultants who
choose to attend the bid opening (in person or online if the
Online Participation option is provided in the Information
Form ). Bid opening date, time and address are specified in the
Information Form . Envelopes containing the Financial

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Chapter 3. Technical Proposal – Standard Forms

Proposal will remain sealed until they are opened in accordance


with ITC 23 and will be kept securely with a reputable
ombudsman or independent authority.
19.2 During the opening of the Technical Offers; (i) the name
and country of the Consultant, or in the case of a Joint Venture,
the name of the Joint Venture, the name of the main member
and the name and country of all members, (ii) whether there is a
duly sealed envelope containing the Financial Proposal, (iii) on
the Bid before the deadline changes made and (iv) any other
information deemed appropriate or specified in the
Information Sheet will be read aloud.
20. Offer Evaluation 20.1 Subject to the provisions of ITC 15.1, persons
evaluating Technical Offers will not have access to Financial
Offers, if applicable, until the technical evaluation has been
completed and the Bank has given its "consent".
20.2 Except as permitted under ITC 12.7, the Consultant is
not permitted to modify or amend his Bid after the bid
submission deadline. While evaluating the proposals, the
Administration performs the evaluation only on the basis of the
submitted Technical and Financial Offers.
21. Evaluation of 21.1 evaluates the Technical Proposals in terms of their
Technical Offers compliance with the Job Description and RFP by applying the
evaluation criteria/sub-criteria and the point system specified in
the Information Form . One technical point will be awarded
to each eligible Bid. At this stage, Bids will be rejected if they
do not respond to key points in the RFP or do not reach the
minimum technical score specified in the Information Sheet.
22. Financial Proposals 22.1 After grading of Technical Proposals, where selection is
for QBS based solely on quality (QBS), the highest ranked Consultant is
invited to negotiate the Contract.
22.2 If Financial Proposals are requested together with the
Technical Proposals, only the Financial Proposal of the
Consultant with the highest technical rating will be opened by
the Administration's evaluation commission. All other Financial
Proposals will be returned unopened after Contract negotiations
have been successfully completed and the Contract signed.
23. Public Disclosure of 23.1 After the technical evaluation is completed and the
Financial Proposals Bank gives its consent (if applicable), the Administration shall
(for QCBS, FBS and issue a written notice to the Consultants whose proposals do not
LCS methods) comply with the RFP or TOR or fail to reach the minimum
technical score, stating the following:

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(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.

23.2 The Administration shall also give a written notice to


the Consultants whose proposals are considered to meet the
requirements of the Call for Proposals Document and the Terms
of Reference and who have achieved the minimum overall
technical score, stating the following:
(i) their bids meet the requirements of the Call for Proposals
Document and the Terms of Reference or have received 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 Bids will be opened at the Financial Bid
Opening, which will be open to the public; 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.
23.3 The opening date cannot be earlier than ten (10)
Business Days from the notification date of the technical
evaluation results described in ITC 23.1 and 23.2. However, if
the Administration receives a complaint within ten (10)
Business Days regarding the technical evaluation results , the
opening date will be subject to the provisions of ITC 35.1.
23.4 The Consultant's participation in the opening of the
Financial Proposals (in person or online if specified in the
Information Form) is optional and at the discretion of the

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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

written amount shall prevail.


25. Taxes 25.1 In the Administration's assessment of the Financial Offer
submitted by the Consultant, taxes and duties in the
Administration's country are excluded, in accordance with the
instructions in the Information Form.
26. Conversion to a 26.1 Prices are converted to a single currency for evaluation
Single Currency using the foreign exchange selling rate, source and date
specified in the Information Sheet.

27. Combined Quality


and Cost
Assessment
a. Quality and Cost 27.1 In the case of QCBS, the total score is calculated by
Based Selection weighting the technical and financial scores and summing them
(QCBS) according to the formulas and instructions given in the
Information Sheet. The Consultant submitting the Most
Advantageous Bid, determined as the bid that achieves the
highest combined technical and financial score, will be invited
to negotiations.
b. Fixed Budget 27.2 In case of FBS, Proposals exceeding the budget
Election (FBS) specified in ITC 14.1.4 in the Information Sheet are rejected.
27.3 The Administration selects the Consultant who offers
the Technical Offer, that is, the Most Advantageous Offer,
which does not exceed the budget specified in the RFP and
receives the highest score, and invites this Consultant to
contract negotiations.
c. Lowest Cost 27.4 In the case of Least Cost Selection (LCS), the
Selection Administration selects the Consultant who offers the lowest
total price, ie the Most Advantageous Bid, among the Bids that
achieve the minimum qualifying technical score, and invites
this Consultant to contract negotiations.

D. Negotiations and Tender Decision


28.1 Negotiations will be held at the date and address
28. Negotiations specified in the Information Form , together with the
representative(s) of the Consultant, who must have written
authorization to negotiate on behalf of the Consultant and sign
the Contract.

28.2 The Administration will prepare the negotiation minutes

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Chapter 3. Technical Proposal – Standard Forms

signed by the Administration and the authorized representative


of the Consultant.
a. Availability of 28.3 The Invited Consultant confirms, as a prerequisite to the
Key Experts negotiations, the availability of all Key Experts identified in the
Proposal or, if applicable, ensures that a substitute is available
in accordance with ITC 12. Failure to confirm the presence of
Key Experts may result in the rejection of the Consultant's
Proposal and the Contracting of the Administration with the
Consultant making the next lowest valid bid.

28.4 Notwithstanding the foregoing, the replacement of Key


Experts in negotiations may only be considered in situations
beyond the Consultant's control, including but not limited to
death or medical problems. In such a case, the Consultant will
provide a substitute Key Expert within the period specified in
the contract negotiation letter of invitation, and this expert will
be selected from individuals who have equal or better
qualifications and experience than the original candidate.
b. Technical 28.5 During the negotiations, the Terms of Reference (TOR),
Negotiations the proposed methodology, the contributions of the
Administration, the special conditions of the Contract and the
completion of the "Service Description" section of the Contract
are discussed. These discussions do not materially alter the
original scope of services under the TOR or contract terms, so
that the final product, the price of this product, or the
compatibility of the initial assessment are not affected.
c. Financial 28.6 During the negotiations, the tax obligations of the
Negotiations Consultant in the country of the Administration and how they
will be included in the Contract are clarified.
28.7 If cost is taken as an evaluation factor in the selection
method, negotiations are not made on the total price specified in
the Financial Offer for Lump Price Contracts.
28.8 In Time-Based Contracts, unit prices are not negotiated,
except where the proposed remuneration rates of Key
Professionals and Non-Key Specialists are much higher than
the overall rates reflected by consultants in similar contracts. In
such a case, the Administration may request clarification and, if
the prices are too high, may request that the fees be changed
after consultation with the Bank. The format for (i) to provide
information on the compensation rates in the case of Quality
Based Selection and (ii) to explain the structure of the
compensation rates under Article 28.8 above is given in Annex
A of Financial Form FIN-4: Financial Negotiations -

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Standard Request for Quotation Document

Distribution of Compensation Rates.


29.1 The negotiations are concluded with the examination of
29. Concluding the final draft Contract, which will then be initialed by the
Negotiations Administration and by the Consultant's authorized
representative.
29.2 If negotiations fail to reach agreement, the Management
Consultant notifies in writing of pending issues and
disagreements and gives the Consultant one last chance to
respond. If the disagreement persists, the Administration
terminates the negotiations by informing the Consultant why it
is terminating. After obtaining the bank's consent, the
Administration invites the next highest-scoring Consultant to
negotiate the Contract. Once the Administration has started
negotiations with the next Consultant, it cannot reopen previous
negotiations.
30.1 Tender Decision is not given before the Objection
30. Objection Period Period expires. Unless extended pursuant to the provisions of
ITC 33, the Objection Period is ten (10) Business Days. The
Objection Period starts the day following the delivery of the
Notification of Intent for the Tender Decision to each
Consultant (who was not notified of failure) by the
Administration. The Objection Period does not apply where
only a single Bid is submitted or the tender is issued in response
to an emergency accepted by the Bank.
31.1 The Contracting Entity sends a Notice of Intent to each
31. Tender Decision Consultant (who has not been notified of the failure), stating
Notice of Intent that the contract will be concluded with the successful
Consultant. At a minimum, the following shall be specified in
the Tender Decision Notification of Intent:
(a) Name and address of the Consultant with whom the
Administration has successfully negotiated the
contract;
(b) Contract price of the Successful Bid;
(c) Names of Shortlisted Consultants and all Bidders;
(d) Where the selection method requires, the price
submitted, read and evaluated by each Consultant;
(e) For each Consultant, the total technical score and the
scores determined on the basis of each criterion and
sub-criteria;
(f) Final composite scores and final ranking of
Advisors;
(g) An explanation of the reason(s) why the buyer's Bid
failed, where the composite score in (f) above does

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Chapter 3. Technical Proposal – Standard Forms

not already establish the reason;


(h) Objection Period expiration date; And
(i) Instructions on how to seek clarification and/or
appeal within the Objection Period.
32.1 Satisfactory resolution of objections submitted within
32. Notification of the Appeal Period and after the expiration of the Objection
Tender Decision Period specified in ITC 30.1, or any time extension granted, as
well as the failure of the Consultant (including each of the OG
members) to fulfill the CSI/CT prevention and response
obligations of the Bank Upon verification that it has not been
proscribed by the Contracting Entity, the Contracting Entity
shall send the successful Consultant a notice of the award
decision confirming the Contracting Authority's intention to
contract with the successful Consultant and requesting the
successful Consultant to sign and return the negotiated draft
Contract within eight (8) Business Days from the date of
notification. The Administration requests the Consultant to
replace the sub-consultants who have been banned by the Bank
due to non-fulfillment of CSI/CT prevention and response
obligations. If specified in the Information Form , the
administration is entitled to simultaneously Benefit from the
successful Consultant. It also requests that the Disclosure Form
be submitted within eight (8) Business Days.

Tender Decision Announcement

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:

(a) Name and address of the administration;


(b) The name and reference number of the contract and the
selection method used;
(c) Names of Consultants submitting proposals, bid prices
read and evaluated at the opening of financial bids;
(d) Names of all Consultants whose Proposals were rejected
or not considered, together with their justifications;
(e) A summary of the successful Consultant's name, final
total contract value, contract duration and scope; And
(f) Right to Benefit , if specified in ITC 32.1 Disclosure
Form.

32.2 Announcement of the Tender Decision shall be published


on the free access website of the Administration, if any, or in at
least one national newspaper or official newspaper distributed

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Standard Request for Quotation Document

nationally in the country of the Administration. The


Administration also publishes the Tender Decision
Announcement on UNDB Online.

33.1 After receiving the Notification of Intent for the Tender


33. Informing by the Decision as specified in ITC 31.1, a failed Consultant may
Administration request a written notification from the Administration within
three (3) Business Days. The Administration sends a
notification to the unsuccessful Consultants it receives during
this period.

33.2 When the Administration receives a request for


information within its time limit, it will notify within five (5)
Business Days following the request, except for reasons that
can be justified and where it deems it appropriate to provide
information outside of this period. In this case, the expiry date
of the objection period will be directly extended by five (5)
Business Days after the notification in question. If the number
of notifications made on a late date is more than one, the
objection period shall not expire earlier than five (5) Business
Days following the last notification. The Administration shall
immediately notify all Consultants of the extended objection
period by the fastest means.

33.3 If an information request is received after the expiry of


the period determined as three (3) Business Days by the
Administration, the Administration shall notify as soon as
possible and in any case within fifteen (15) Business Days at
the latest from the date of publication of the Tender Decision
Announcement. Information requests received after the expiry
of the three (3) Business Days will not extend the objection
period.

33.4 Notifications to unsuccessful bidders can be made


verbally or in writing. The consultants bear the costs of
participating in the information meeting in question themselves.
34.1 The Contract is signed after the Complaints filed within
34. Signing the Contract the Objection Period have been satisfactorily resolved, before
the Bid expiration date and immediately after the Objection
Period or any extension, if any, as set out in ITC 30.1.

34.2 The consultant is expected to start the task on the date


and place specified in the Information Form.

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Chapter 3. Technical Proposal – Standard Forms

35.1 The procedures for filing a Complaint about the Tender


35. Complaint about the are specified in the Information Form.
Tender

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Standard Request for Quotation Document

Chapter 2. Instructions for Consultants

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.

Offers are submitted in ENGLISH.

All correspondence is made in TURKISH.

10.1
Offers consist of:

DETAILED TECHNICAL OFFERS (FTP):


1. Inner Envelope with Technical Offer:
(1) Power of Attorney to Sign the Offer
(2) TECHNICAL-1
(3) TECHNICAL-2
(4) TECHNICAL-3
(5) TECHNICAL-4
(6) TECHNIQUE-5
(7) TECHNIQUE-6
(8) TECHNICAL-7 Code of Conduct (ES): The Consultant will provide the Code of
Conduct to be applied for its Professionals to ensure compliance with the
Environmental and Social (ESS) obligations under the Contract. The Consultant will
use the Code of Conduct Form in Chapter 3 for this purpose. The Consultant will not
make material changes to this form other than as additional requirements it may apply
to address specific Contractual issues/risks.

AND

2. Inner Envelope with Financial Proposal:


(1) FINANCIAL-1
(2) FINANCIAL-2
(3) FINANCIAL-3
(4) FINANCIAL-4
(5) Declaration of Commitment
10.2
Statement of Commitment required:
Yes _X______ or No __________
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Standard Request for Quotation Document

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.

The contact information for clarification requests is as follows:


TR MINISTRY OF NATIONAL EDUCATION – General Directorate of Construction and
Real Estate
MEB Beşevler Campus B Block 1st Floor Room No:20
Tel: +90 (312) 4133132
Document passes: +90 (312) 2138346
Email: iedb_guvenliokullar@meb.gov.tr
[ https://iegm .meb.gov.tr/ ]

14.1.1

Shortlisted Advisors may collaborate with:


(a) non-shortlisted consultants Yes ________ or No __X____

Or
(b) other shortlisted Consultants: Yes ________ or No_X

14.1.2

Estimated time-input of Key Experts for Time-Based Contracting Activities including


Reprojection, Preparation of Tender Documents and Lump-Sum Contract Activities
Including Tender Phase and Construction Supervision Consulting Services including
Defect Liability Periods: 1125 person-months.

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.

(2) Research and fieldwork expenses

(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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Standard Request for Quotation Document

(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

liability liability liability

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.

Subject to Consultant's Request


Notary Fee will be applied if the Consultant wishes to have the Contract notarized.

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

C. Bid Presentation, Opening and Evaluation

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.

17.7 and 17.9

Address to submit bids:

Bids will be delivered in a sealed envelope to the address below until 11:00 on Tuesday ,
May 2, 2023 .

TR MINISTRY OF NATIONAL EDUCATION – General Directorate of Construction and


Real Estate
MEB Beşevler Campus Block B Room No: 24 Person or office to be delivered: Branch
Manager Deniz URAS
: Beşevler/ANKARA
Tel: +90 (312) 4133132
Document passes: +90 (312) 2138346
Email: iedb_guvenliokullar@meb.gov.tr [ https:// iegm.meb.gov.tr/ ]

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

The opening takes place at the following address:


TR MINISTRY OF NATIONAL EDUCATION – General Directorate of Construction and
Real Estate
MEB Beşevler Campus B Block Room No: 24
Beşevler/ANKARA
Tel: +90 (312) 4133132
Document passes: +90 (312) 2138346
Email: iedb_guvenliokullar@meb.gov.tr [ https:// iegm.meb.gov.tr/ ]
Date : Same as last bid submission date specified in Article 17.7.
Time: 11.15 local time

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]

(b) Business Plan and Organization and staff structure [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]

(ii) Qualifications and suitability of proposed key personnel:

1. Project Group
(a) Project Manager [9]

(b) Assistant Project Manager [6]

(c) Civil / Structural Engineer [2]

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Standard Request for Quotation Document

(d) Energy Efficiency Engineer [2]

(d) Infrastructure Engineer [2]

(e) Architect [2]

(f) Mechanical Engineer [2]

(g) Electrical Engineer [2]

(h) Occupational Health and Safety Specialist [1,5]

(i) Environmental and Social Expert [1,5]

2. Construction Supervision Group


(a) Project Manager [ will be evaluated above. ]
(b) Assistant Project Manager [ To be considered above. ]
(c) Planning and Cost Control Engineer (total points for 1 staff) [2,5]
(d) Quality Control and Quality Assurance Engineer
(total points for 1 staff) [2]
( d) Energy - Efficiency Engineer / Machine Control Supervisor (total points for 1 personnel) [2]
(e) Civil Engineer (total points for 26 personnel) [19.5]
(f) Mechanical Engineer (total points for 9 personnel) [4,5]
( g) Electrical Engineer (total points for 9 personnel) [4,5]
(h) Surveying Engineer (total points for 1 staff) [0.5]
(i) Occupational Safety Specialist (total points for 6 personnel) [3]
(i) Environmental Engineer (total points for 3 personnel) [1,5]

Total Score for Criterion (iii) [70]

The points awarded for each of the above positions will be determined by considering the following
two sub-criteria and the respective percentages.

1) General qualifications Education, language knowledge, experience, experience in jobs financed by


international financial institutions [40%]

2) Qualification for the job (reference similar work history) [60%]

Total Weight 100%

Total Score of the two criteria 100

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

This clause will not be applied.

Public Opening of Financial Offers

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)

This clause will not be applied.

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Standard Request for Quotation Document

D. Negotiations and Tender Decision

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/ ]

Estimated Negotiation Date: May 2023

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

3. Tender decision of the administration.

40| P a g e
Standard Request for Quotation Document

Section 3. Technical Offer - Standard Forms

CHECKLIST FOR REQUIRED FORMS


Required for FTP FORM EXPLANATION Page Limit
or STP
(√)
FTP STP

√ √ TECHNICAL-1 Technical
Proposal
Submission
Form.

“√ “ If applicable TECHNICAL-1 If the offer is


Appendix submitted by a
joint venture,
include a letter of
intent or a copy
of an existing
contract.

“√“ If applicable Power of attorney There is no preset


format/form. In
the case of a Joint
Venture (JV), a
power of attorney
is required for
each JV
member's
authorized
representative
and a power of
attorney stating
that the leading
member's
representative
represents all JV
members

√ TECHNICAL-2 Organization and


Expe
rienc
e of
the
Cons
ultant
.

41| P a g e
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-3B B. About Local


Staff and
Facilities
√ √ TECHNICAL-4A LUMP PRICE
FOR
ACTIVITIES
UNDER THE
AGREEMENT
Definition of
Approach,
Methodology and
Work Plan for
Doing the Work

√ √ TECHNICAL-4B FOR
ACTIVITIES
UNDER TIME
BASED
AGREEMENT
Definition of
Approach,
Methodology and
Work Plan for
Doing the Work

√ √ TECHNICAL-5A LUMP PRICE


FOR
AGREEMENT
ACTIVITIES
Business plan and
Planning for

42| P a g e
Standard Request for Quotation Document

Outputs

√ √ TECHNICAL-5B FOR
ACTIVITIES
UNDER TIME
BASED
AGREEMENT
Business plan and
Planning for
Outputs

√ √ TECHNICAL-6A Formation, Key


Expert Inputs and
attached Resumes
(CV) FOR
LUMP
CONTRACTED
ACTIVITIES

√ √ TECHNICAL-6B Team Formation,


Key Expert
Inputs and
attached Resumes
(CV) FOR TIME
BASED
CONTRACTED
ACTIVITIES

√ √ TECHNICAL-7 Code of Conduct


(ES)

√ √ 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

TECHNICAL OFFER SUBMISSION FORM

{Place, Date}

To: [Name and address of administration]

Dear Interested Persons:

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.}

With this form, we declare that:

(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.

(c) We do not have a conflict of interest situation under ITC 3.

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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). ]

(h) We undertake to negotiate a Contract on the basis of proposed Key Experts,


except as set forth in Fact Sheet ITC 12.7. We recognize that the replacement
of Key Experts for reasons other than those set out in ITC 12 and 28.4 may
result in the termination of Contract negotiations.

(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} :

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: { specify in what capacity the person signed on behalf of the Consultant }
Address : {enter the address of the authorized representative }
Telephone/fax : { enter the telephone number of the authorized representative 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 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 TECHNIQUE-2 (ONLY FOR DETAILED TECHNICAL OFFERS)

CONSULTANT'S ORGANIZATION AND EXPERIENCE

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.

A - Organization of the Consultant

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

B - Experience of the Consultant (Not Applicable)

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

Duration Name of job/and brief Name of Approximate Your Role at


description of main Administration Contract price Work
deliverables/outputs & Country of (in US Dollar
Business equivalent)/
Amount paid to
your firm

{eg, {e.g., “Quality {eg, ...... Ministry, {eg, $1 {e.g. Lead


January improvement.........”: A country} million/$0.5 Partner in
2009– master plan has been million} A&B&C Joint
April prepared to Venture}
2010} rationalize ........; }

{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 TECHNIQUE-3 (ONLY FOR DETAILED TECHNICAL OFFERS)

COMMENTS AND SUGGESTIONS ON THE JOB DESCRIPTION AND THE


RELEVANT PERSONNEL AND OPPORTUNITIES TO BE PROVIDED BY THE
ADMINISTRATION

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

A - About the ToR

If you have any improvement suggestions for the Job Description (TOR), write them here.

B - Staff and Facilities to be Provided by the Employer

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.

49| P a g e
Chapter 3. Technical Proposal – Standard Forms

FORM TEKNIK-4 A (ONLY FOR DETAILED TECHNICAL OFFERS)


LUMP PRICE FOR ACTIVITIES UNDER THE AGREEMENT
APPROACH, METHODOLOGY AND DESCRIPTION OF THE BUSINESS PLAN FOR
RESPONDING TO THE JOB DESCRIPTION

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.

{ Recommended structure of your Technical Offer (in FTP format):

a) Technical Approach and Methodology


b) Business plan
c) Organization and Staff}

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 TEKNIK-4 B (ONLY FOR DETAILED TECHNICAL OFFERS)


FOR ACTIVITIES UNDER TIME BASED AGREEMENT
APPROACH, METHODOLOGY AND DESCRIPTION OF THE BUSINESS PLAN FOR
RESPONDING TO THE JOB DESCRIPTION

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.

{ Recommended structure of your Technical Offer (in FTP format):

d) Technical Approach and Methodology


e) Business plan
f) Organization and Staff}

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 TECHNIQUE-4 (ONLY FOR SIMPLIFIED TECHNICAL OFFERS)


(DO NOT APPLY)
DEFINITION OF APPROACH, METHODOLOGY AND WORK PLAN FOR DOING
THE WORK

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.

{ Recommended structure of your Technical Offer}


a) Technical Approach, Methodology and Organization of the Consultant's team.
{Please describe what you understand by the objectives of the job as stated 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, and the structure and composition of your team.
Please do not repeat or copy TORs here.}
b) Business Plan and Staff. {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. The work
program should reflect the tasks assigned to each specialist. 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) Comments (about TOR and counterpart staff and opportunities )
{ Your suggestions should be concise and thoughtful and included in your Offer.
{Please also include comments on counterpart staff and facilities to be provided by the
Administration (if any). For example, administrative support, office space, local
transportation, equipment, data, background reports etc.}

52| P a g e
Standard Request for Quotation Document

FORM TEKNIK-5 A (FOR DETAILED TECHNICAL OFFERS)


LUMP PRICE FOR ACTIVITIES UNDER THE AGREEMENT
BUSINESS PLAN AND ACTIVITY/ PLANNING FOR OUTPUTS

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.

53| P a g e
Chapter 3. Technical Proposal – Standard Forms

FORM TEKNIK-5B (FOR DETAILED TECHNICAL OFFERS)


FOR ACTIVITIES UNDER TIME BASED AGREEMENT
BUSINESS PLAN AND ACTIVITY/ PLANNING FOR OUTPUTS

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.

54| P a g e
Standard Request for Quotation Document

FORM TEKNIK-6 A ( FOR DETAILED TECHNICAL OFFERS )


LUMP PRICE FOR ACTIVITIES UNDER THE AGREEMENT
TEAM FORMATION, ASSIGNMENT AND KEY EXPERT INPUTS

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

55| P a g e
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.

full time entry


part time entry

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Standard Request for Quotation Document

FORM TEKNIK-6 B ( FOR DETAILED TECHNICAL OFFERS )


FOR ACTIVITIES UNDER TIME BASED AGREEMENT
TEAM FORMATION, ASSIGNMENT AND KEY EXPERT INPUTS

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

57| P a g e
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.

full time entry


part time entry

58| P a g e
FORM TECHNIQUE-6
(CONTINUE)

CV (CV)

Title and No. {e.g., K-1, Team Leader}


Expert Name: {insert full name]
Date of birth: {day month Year}
Nationality/Country of Residence

Education: {List college/university or other specialized training, names of educational


institutions, dates of participation, degree(s)/diploma(s) obtained}
________________________________________________________________________

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.}

Period Employer organization and your Country Summary of work-


title/position. Contact related activities
information about references
[eg, May [e.g., Ministry of ……, consulting
2005– on ….
present]
For reference: Tel…………/e-
mail……; Mr Hbbbbb, deputy
minister]

Membership in Professional Organizations and Publications:


______________________________________________________________________

Language Skills (specify only languages you can study): ______________


______________________________________________________________________
Qualification for the Mission:

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)

Expert contact information: (e-mail …………………., phone…………………)

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.

{day month Year}

Expert Name Signature Date

{day month Year}

Authorized name Signature Date


Consultant's Representative
(Person signing the proposal)
61

FORM TEKNİK - 7 ( FOR DETAILED AND SIMPLIFIED TECHNICAL OFFER)

CODE OF CONDUCT FOR EXPERTS FORM

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.

Danışman Davranış Kurallarını paraflayacak ve Teklifinin bir parçası olarak


sunacaktır.

CODE OF CONDUCT FOR EXPERTS


We, [ insert the name of the Consultant ], as the Consultant, have signed a contract with [
insert the name of the Administration ] to [ insert the description of the Services ]. These
services will be carried out at ….. [ Enter the site and other places according to interest ]. In
accordance with our contract, we are required to implement measures to eliminate
environmental and social risks associated with the Services, including risks related to sexual
exploitation, sexual exploitation, and sexual harassment.

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.

61| P a g e
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:

62| P a g e
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.

CONSEQUENCES OF VIOLATION OF THE CODE OF CONDUCT


Violation of this Code of Conduct by Professionals may have serious consequences, up to and
including termination of the Agreement and escalation of the case to legal authorities.

FOR THE EXPERT:

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: __________________________________________________________

Date: (day month year): _______________________________________________

Signature of the authorized representative of the consultant:


Signature: ________________________________________________________
Date: (day month year): ______________________________________________
APPENDIX 1: Behaviors that constitute Sexual Exploitation and Abuse (CSI) and
Behaviors that constitute Sexual Harassment (CT)

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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.

64| P a g e
65

FORM TEKNIK-8 (FOR DETAILED AND SIMPLIFIED TECHNICAL OFFER)


SEXUAL EXPLOITATION AND ABUSE (CSI) AND/OR SEXUAL
HARASSMENT (CT) PERFORMANCE STATEMENT

[The following table is to be completed for the Consultant, each member of a


Partner Initiative, and each sub-consultant recommended by the Consultant]
Name of Consultant: [insert full name]
Date: [insert day, month, year]
Name of Joint Venture Member or Sub-Advisor: [ insert full name]
Request for Proposal Document Number and Title: [Enter RFP number and title]
Page [page number ] / [total number of pages]

CSI and/or CT Statement

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.]

65| P a g e
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.

FIN-1 Financial Offer Submission Form.

FIN-2A Summary of Costs (Lump Price Contract – Reconstruction Design, Preparation


of Tender Documents and Tender Phase)

FIN-2B Summary of Costs (Time Based Contract – Construction Supervision Services)

FIN-3A Fee Distribution (Lump Price Contract – Reconstruction Project Design,


Preparation of Tender Documents and Tender Phase)

FIN-3B Wage Distribution. (Time Based Contract – Construction Supervision


Services)

FIN-4A Reimbursable Costs. (Lump Price Contract – Reconstruction Project Design,


Preparation of Tender Documents and Tender Phase)

FIN-4B Breakdown of Reimbursable Charges. .(Time Based Contract – Construction


Supervision Services)
FORM FIN-1 FINANCIAL OFFER SUBMISSION FORM

[ 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:

Amount of the Agent and of the Commission or Grant


Name and Address Currency Purpose

68| P a g e
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 }

Financial Bid Cost


It includes:
(1) Pricing
(2) Reimbursable
Total Cost of Financial Proposal
{must be moved to the amount in Form FIN-1}
Indirect Local Tax Estimates – Will be negotiated and finalized if the tender is awarded

(i) {enter the tax type . eg VAT }

(ii) {e.g. Corporate tax}

72| P a g e
73

(iii) {enter tax type}

Indirect Local Tax Total Estimation:


Footnote: Payments will be made in the currency(s) specified above (refer to ITC 16.4).

73| P a g e
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 }

Financial Bid Cost


It includes:
(1) Pricing
(2) Reimbursable
Total Cost of Financial Proposal
{must be moved to the amount in Form FIN-1}
Indirect Local Tax Estimates – Will be negotiated and finalized if the tender is awarded

(iv) {enter the tax type . eg VAT }

(v) {e.g. Corporate tax}

(vi) {enter tax type}

Indirect Local Tax Total Estimation:


Footnote: Payments will be made in the currency(s) specified above (refer to ITC 16.4).

74| P a g e
75

75| P a g e
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

no. Location (as Time Entry in


{ Currency { Currency { Local
in Person-month Person/Month { Currency # 3
First Name #1 as in #2 as in Currency as
TECHNICAL- Charge Rate (From as in FIN-2A}
FIN-2A } FIN-2A} in FIN-2A}
6A) TECHNICAL-6A)

Key Experts

K-1 [House]
[Field ]
K-2

Non-Key Experts
N-1 [House]
N-2 [Field ]

Total cost
76| P a g e
77

FORM FIN-3B DISTRIBUTION OF FEES


( TIME BASED AGREEMENT – CONSTRUCTION CONTROL CONSULTING SERVICES)

A. Pricing

no. Location (as Time Entry in


{ Currency { Currency { Local
in Person-month Person/Month Currency #3 as
First Name #1 as in #2 as in Currency as
TECHNICAL- Charge Rate (From in FIN-2b }
FIN-2b } FIN-2b} in FIN-2b}
6B) TECHNICAL-6B)

Key Experts

K-1 [House]
[Field ]
K-2

Non-Key Experts
N-1 [House]
N-2 [Field ]

Total cost

77| P a g e
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:

78| P a g e
Chapter 4 – Financial Proposal – Standard Forms

total days leave x 100


[365 - w - ph - v - s]
Leave cost as a percentage of salary =
where w = weekends, ph = public holidays, v = holidays, and s = sick leave.

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:

Advisor's Statements Regarding Costs and Fees

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]

Authorized Representative's Signature Date

Name:

Title:

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Chapter 4 – Financial Proposal – Standard Forms

Advisor's Statements Regarding Costs and Fees


(Sample Form I)
This form will not be applied.

( Given as {insert currency*} )

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

FORM FIN-4A DISTRIBUTION OF REFUNDABLE EXPENSES


(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 used to form a basis for payments under
lump sum contracts.

B. Reimbursable Expenses:

Types of Reimbursable As in Currency { Currency #2 as { Currency # 3 { Local Currency


N° Unit Unit Cost Amount
Charges #1- FIN-2A } in FIN-2A} as in FIN-2A} as in FIN-2A}
{e.g. per diems**} {Day}
{e.g. international flights} {Ticket}

{ö, transportation within and


{Trip}
outside the airport}
{e.g. communication costs
between add place and add
place}
{e.g. submission of reports}
{e.g. office rent}
.............................................
{Training of Administration's
staff, if necessary under TOR}
Total Costs

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:

Types of Reimbursable As in Currency { Currency #2 as Currency # 3 as { Local Currency


N° Unit Unit Cost Amount
Charges #1- FIN-2B } in FIN-2B} in FIN-2B } as in FIN-2B}
{eg. per diems**} {Day}
{eg. international flights} {Ticket}

{ö, transportation within and


{Trip}
outside the airport}
{eg. communication costs
between add place and add
place}
{eg. submission of reports}
{eg. office rent}
.............................................
{Training of Administration's
staff, if necessary under TOR}
Total Costs

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.

Under ITC 6.3.2 (a): Please see https://www.un.org/securitycouncil/sanctions/information .

Under ITC 6.3.2 (b): Please see https://www.un.org/securitycouncil/sanctions/information .


Chapter 6. Fraud and Corruption
(This Section 6, Fraud and Corruption, will not be modified)

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.

2.2 To observe this policy, the Bank:


a. For the purposes of this provision, it makes the following definitions:
i. “Corruption practice” means offering, giving, receiving or soliciting, directly or
indirectly, anything of value to improperly influence the actions of another party;
ii. “Forgery app”; means any act or omission that knowingly or recklessly misleads
or attempts to mislead a party, including misrepresentation, in order to obtain a
financial or other advantage or to avoid an obligation;
iii. “fraudulent/falsified application”; means an arrangement between two or more
parties designed to achieve an improper purpose, including improperly
influencing the actions of another party;
iv. “Coercive/forced practice”; means directly or indirectly injure or harm, or
threaten to injure or harm, a party or its property in order to improperly influence
the actions of a party;
v. “Blocker app”:
(a) Intentional destruction, falsification, alteration or concealment of the
investigation's evidence or misrepresentation to the persons conducting
the investigation and/or having knowledge of the investigation-related
matters in order to significantly hinder the Bank's investigation into
allegations of corruption, fraudulent practices, fraudulent practices or
oppressive practices. threaten, harass or intimidate any person into not
disclosing any information they have or discourage following the
investigation; or
(b) It means actions aimed at significantly preventing the Bank from
exercising its inspection and audit rights set forth in paragraph 2.2.e
below.
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 recipient of any portion of the Loan amount have used corrupt,
fraudulent, fraudulent, oppressive or obstructive practices during the bidding,
selection and/or signing of the contract in question, 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 contract. 1 (ii) be appointed as
a subcontractor, consultant, manufacturer, or supplier or service provider of an
eligible company with whom a Bank-financed contract is concluded; and (iii) use the
amounts of a Bank-financed loan or otherwise participate in the preparation or
implementation of a Bank-financed project . 2may prohibit;
e. All accounts, records and related records of Bidders/Applicants, consultants,
contractors and suppliers, their subcontractors, subconsultants, service providers,
suppliers, representatives, personnel with the Bank in relation to the procurement
process, selection and/or contract signing.3 will require that a provision be included in
the Bidding documents and in the contract financed by the Bank loan, allowing them
to inspect other documents and to have them audited by Bank-appointed auditors.

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 )

1. INTRODUCTION AND BACKGROUND


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
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 safe 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 due to natural disasters 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
Chapter 6. Bank Policy - Corruption and Fraud Practices

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.

4. DESCRIPTION OF CONSULTANTS' DUTIES


4.1 SCHOOL DESIGN (TYPE PROJECT AND SITE SPECIFIC PROJECT)
At this stage, the Consultants are responsible for the creation of a design group experienced in
the preparation of architectural, static, electrical, mechanical, infrastructure, shoring and
landscaping projects in public buildings. For this reason, the Consultants will specify the
positions planned to be assigned for each personnel in their proposals and specify the
personnel to be assigned in the preparation of the designs and documents separately.
Consultants will prepare and complete all architectural and engineering designs of buildings
(structural, mechanical, electrical, fire safety, infrastructure connections, shoring, landscaping,
etc.) including all necessary calculations, drawings and specifications and submit them to the
Employer for approval.
The following issues related to the design work will be evaluated and taken into account by
the Consultant:
 The consultant will provide site-specific new construction designs and drawings to
meet the maximum built-up areas for public buildings, taking into account current site
conditions. The consultant will use the Ministry type projects applicable in the field
for schools from educational buildings, and will prepare original designs for other
structures . It is expected that the construction areas of the new public buildings to be
designed will be more than the existing ones. (Architectural sheets of type projects
will be shared with the Consultant Firm.)
 Each public building garden will be considered a Campus and the Consultant will be
responsible for the overall assessment of the campus during the preparation of the
reconstruction designs to ensure efficient use of all space. During these studies, the

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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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Chapter 7. Job Description

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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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

 All studies, reports, calculations, projects, photographs, etc. to be prepared by the


contractor. All copyrights regarding the documents will be transferred to the Ministry
of National Education. These documents will not be published by the Contractor or
used for any other purpose without the written permission of the Ministry of National
Education.
 Ministry of National Education to make all kinds of changes during and after the
implementation of the project; In addition, it is authorized to make all kinds of
changes for maintenance, repair, modification, etc. without the need for any
permission.
 Any administrative, legal, penal and financial liability arising from the breach of a
right and/or interest, which is the subject of intellectual and/or industrial property,
which is protected in accordance with the provisions of the relevant legislation, during
or due to the Contractor's fulfillment of its obligations under the Contract. It belongs
to the contractor. The Contractor cannot make any request from the Ministry of
National Education in this regard. Despite this, if the Ministry of National Education is

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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

c. Preparation of Tender Documents and Tender Procedure Stage


Portable Memory
Turkish English (English and
Turkish)
Number of copies of Contract
Documentation for each Works
Package Contract (including any 26 26 26
subsequent Amendments published
at the bidding stage)

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:
10

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35
11
1

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;
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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 Preparation of Environmental and Social Management Plans (ESMP): Must be


finalized within 60 calendar days from the date of signing the contract and prior to the
preparation of tender documents (including disclosure),
 Preparation of Tender Documents: The Consultants will prepare all Tender
Documents as stated above and will receive the approval of the Employer within 90
calendar days from the date of signing the Contract.
For Original Projects;
 Concept Design Phase and Planning: Services related to this will be completed
within 90 calendar days from the date of signing the Contract,
 Reports Based on Energy Performance Certificate: Within 120 calendar days from
the contract signing date,
 Preliminary Design Phase: Services related to this phase will be completed within 90
calendar days from the date of Contract signing,
 Final Designs and System/Detail Drawing Phase: The consultants will complete the
work related to this phase within 180 calendar days from the date of signing the
Contract,
 Preparation of Environmental and Social Management Plans (ESMP): Must be
finalized within 150 calendar days from the date of signing of the contract and prior to
the preparation of tender documents (including disclosure),
 Preparation of Tender Documents: The Consultants will prepare all Tender
Documents as stated above and will receive the approval of the Employer within 180
calendar days from the date of signing the Contract.

7. SUPPORT TO BE PROVIDED TO CONSULTANTS BY THE EMPLOYER


Design-related services will be provided in the head office to be established by the Consultant
or in the province where the schools are located.
All kinds of operating expenses will be the responsibility of the Consultant. The Consultant
will not be required to deliver to the Employer any equipment and materials provided at
reimbursable costs and used for the Services.
All local transportation for consultant staff will be provided by the consultant and will be
included in the price offer.
Subject to the availability of the Employer, the following items, if available, will be provided
to the Consultants free of charge by the Employer: Existing projects, maps, topographical
plans, zoning plans, cadastral data, maps.
In addition, the Employer will assist the Consultants in obtaining approvals and permits,
including building permits, from Municipalities and other Government Authorities for the
Services to be performed, where possible.
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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8. TEAM BUILDING AND QUALIFICATION REQUIREMENTS FOR KEY


EXPERTS
The consultant is responsible for the creation of a design group experienced in the preparation
of structural, architectural, electrical, mechanical, energy efficiency related works. In his
proposal, the consultant will specify the positions planned to be appointed for each personnel
and also specify the personnel to be assigned in the preparation of the design and documents.
It is expected that the Consultant will establish a design and study team in the head office and
these teams will serve in the head office of the Consultant or in the project province/site in
line with the man-month inputs within the scope of services.

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))

Preparation Phase of Design and Tender Documents


 Civil/Structural Engineer
 Energy Efficiency Engineer
 Environmental and Social Expert
 Occupational health and Safety specialist

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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 )

1. INTRODUCTION AND BACKGROUND

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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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 will be required to (i) carry out construction inspection and building
commissioning services, (ii) oversee remedial work to repair any damage incurred during the
Defects Liability Period (CSR) for buildings listed in Annex-1.

4. DESCRIPTION OF CONSULTANTS' DUTIES

4.1. STAGE 2 - SUPERVISION OF CONSTRUCTION WORKS AND


ENGINEERING SERVICES
The Consultant, as an "Engineer", will be responsible for performing all duties stipulated in
the World Bank's Standard Bidding Documents. The Consultant will also be responsible for
modifying designs, specifying details and instructing contractors when necessary during the
course of the works as an "Engineer". Important matters will be subject to the approval of the
Employer as specified in the terms and conditions of the General Specifications (GŞ) of the
Construction Works Contract and the Special Specifications (TC).

4.1.1. Initiating the Inspection


 The Consultant will closely monitor the evacuation of the buildings in the field
according to the work schedules of the Contractors and will communicate with the
relevant authorized persons for public buildings. The employer will be informed of the
actual progress of the eviction. In the event that the evacuation does not occur on time,
the Consultant will take the necessary measures, in close cooperation with the
Employer and the Contractors, to ensure that the works are completed within the
original scheduled time without delay.

 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.

4.1.2. Construction and Construction Supervision

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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:

i. Organizing daily visits to all construction sites to check the Contractor's


Occupational Health and Safety (OHS) documents and compliance, to
provide on-the-job training, to ensure that the works comply with
Occupational Health and Safety (OHS) practices and regulations, and to
make nonconformity notifications to the contractor and report them to
the Employer.

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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.

4.1.2.1. Payment to Contractors, Changes


 The Consultant will check the calculations for the payments to be made to the
Contractor and will issue progress reports according to the Contract Terms used, and
will also be responsible for agreeing with the Employer on each payment report in an
amount payable. Progress reports, supporting documents, etc. The actual procedure
and presentation will be discussed and agreed with the Employer. If the progress
report has not been prepared by the Contractor, the Consultant will prepare the
progress report on behalf of the Contractor. Progress payment reports also cover
liquidation, termination and final account progress payments.

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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.

4.1.2.2. Tests, Reports


 The Consultant will approve a suitable Materials Testing Laboratory for all tests
specified in the Contractor's Technical Specifications and will discuss the various test
requirements stipulated in its documentation with the laboratory personnel. The
consultant will notify the laboratory at least 24 hours in advance of all required tests.
All samples will be labeled in accordance with the laboratory's requirements and the
Consultant will be responsible for submitting all samples for testing and collecting all
test reports.
 The participation of the Approved Materials Testing Laboratory is limited to the actual
performance of the tests in accordance with the procedures set by the Consultant
and/or the standards specified in the Contract. The Consultant will be responsible for
interpreting the results obtained, ordering additional testing to be repeated or
performed, and taking any action necessary to ensure compliance with contractual
requirements. Laboratory staff may, from time to time, advise the Consultant on any
matter within their jurisdiction, but it is left to the Consultant to accept or reject such
advice or recommendation. If any advice or recommendation is accepted by the
Advisors, the Advisors will be fully responsible for it as if that advice or
recommendation was made on their own initiative.

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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.

4.1.2.3. Accounts, Claims


 In all cases, all correspondence received from the contractor will be reviewed,
evaluated and replied within one week. Any request from the contractor(s) within the
scope of construction contracts will be evaluated by the Consultant and the necessary
recommendations will be made within two weeks at the latest.
 The Consultant will review and report any financial request submitted by the
Contractors within 2 weeks of receipt of such requests.

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.

4.1.3. Defect Liability and Maintenance Time


 The Consultant will continue to be responsible for the supervision of the construction
and completion of the Works during the Defects Liability Period defined in the

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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

Report Format: A4 or A3, including drawings reduced to A3 size where appropriate.


Format of Drawings: A1 and/or A0 size.
A draft copy of all reports (Turkish 1, English 1) 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.

2) Construction Inspection Phase

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

3) Completion and Defect Liability/Warranty Phase

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.

10

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35
11
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.

7. SUPPORT TO BE PROVIDED TO CONSULTANTS BY THE EMPLOYER


The tender documents of the Civil Works Contractors will be prepared in a way that will
provide temporary office space for the Consultants at the construction site depending on the
size and location of the construction site, the size and number of the rooms will be determined
jointly by the Employer and the Consultant, taking into account the needs of the Employer.
The consultants will be fully responsible for providing the head offices in the province where
the schools are located until the contractors have these site offices ready for use. The head
office will be furnished and equipped by the Consultants in accordance with the provisions
specified in the special conditions of the Contract, and the site offices will be furnished by the
Contractor. All kinds of operating expenses of the field offices will be under the responsibility
of the Contractors. The Consultant shall not be required to deliver to the Employer any
equipment and materials provided at reimbursable costs and used for the Services.
All local transportation for Consultant personnel, including site inspection personnel, will be
provided by the consultant and included in the fee proposal submitted.
Subject to the availability of the Employer, the following items, if available, will be provided
to the Consultants free of charge by the Employer: Existing maps, topographic plans, zoning
plans, cadastral data, maps.
In addition, the Employer will assist the Consultants in obtaining approvals and permits from
Municipalities and other Government Authorities regarding the Services to be performed,
where possible.

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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.

8. TEAM FORMATION AND QUALIFICATIONS FOR KEY EXPERTS

The consultant is responsible for establishing an experienced audit group in


structural/renovation, architectural, electrical, mechanical, energy efficiency related works.
The consultant will show the documents separately by specifying the personnel he will assign
for the audit and the positions planned to be assigned for each personnel in his proposal. The
consultant is expected to establish an inspection team in the province where the schools are
located.
8.1 Team Formation
Successful fulfillment of the scope of service, similar civil engineering works; architectural
works, mechanical installation works, energy efficiency, infrastructure/superstructure
flexibility and disaster risk reduction; construction methods engineering; improving
environmental, social, occupational health and safety and community safety; Requires
professional competence in construction and contract management and related fields.
Consultant, engineering design, infrastructure/superstructure flexibility and construction
quality; will create a team that can apply an integrated approach to achieve the desired results
in terms of reducing technical, social and environmental risks and value for money.
The consultant will provide sufficient personnel and necessary additional 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 have at least the following key positions (or an equivalent combination of
expertise):
General Assignment Management
 Project Manager - Senior Civil Engineer / Senior Architect (experienced in projects
financed by the International Finance Corporation (IFI) and school building
inspections)

Construction Inspection Phase


 Assistant Project Manager - Senior Civil Engineer / Senior Architect (Experienced in
IFI-funded projects and school building inspections) (If Project Manager is Civil
Engineer, Deputy Project Manager must be Architect or vice versa) (1)
 Planning and Cost Control Engineer / Construction Control Supervisor (1)
 Energy - Efficiency Engineer / Machine Control Supervisor (1)
 Quality Control and Quality Assurance Engineer / Electrical Control Supervisor (1)
 Civil Engineers (26)
 Mechanical Engineers (9)
 Electrical Engineer (9)

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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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20 IZMIR MANSION KZ Middle School O 24


21 IZMIR MANSION K.O.E School Special Instructor 12
22 IZMIR MANSION KB High School MTL 24
23 IZMIR MENEMEN HG High School MTAL 16
24 IZMIR SEFERİHİSAR S.İ.C High School MTAL 16
IZMIR 16 classrooms +
25 BORNOVA TA Special Instructor school Special Instructor 100 bed hostel
26 IZMIR CHERRY K.Ç.PA High School High school 100 bed hostel

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Chapter 6. Bank Policy - Corruption and Fraud Practices

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Section 8. Contract Terms and Contract Forms

PART II

Section 8. Contract Terms and Contract Forms


Section 8. Contract Terms and Contract Forms
TIME-BASED CONTRACT FORM

STANDARD CONTRACT FORM

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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Counseling Services Time-Based

37. Dismissal of Experts or Sub-Advisors ...........................................................1 0 2


38. Replacement/Removal of Experts - Impact on Payouts .................................1 02
39. Working hours, Overtime, Leave, etc. ............................................................1 02
E. Obligations of the Administration ..................................................................1 0 3
40. Support and Exemptions ..................................................................................103
41. Project Access .....................................................................................to Area 104
42. Amendment to the Applicable Law on Taxes and Fees ..................................104
43. Services, Facilities and Ownership of the Administration ...............................104
44. Colleague _ Staff ..............................................................................................104
45. Obligation to Pay .............................................................................................105
46. Ceiling amount .................................................................................................105
47. Charges and Reimbursable Costs .....................................................................105
48. Taxes and Fees .................................................................................................106
49. Payment Currency ............................................................................................106
50. Billing and Payment Method ...........................................................................106
51. Interest on Late Payments ................................................................................107
G. Integrity and Goodwill .........................................................................................107
52. Goodwill ..........................................................................................................107
H. Dispute Resolution .............................................................................................108
53. Friendly Dispute Resolution ............................................................................108
54. Dispute Resolution ...........................................................................................108

III. ..............................................................................................Special Contract Conditions


................................................................................................................................................113
IV. ..........................................................................................................................Appendices
................................................................................................................................................125
Appendix A – Terms of Reference .........................................................................125
Appendix B – Key Experts .....................................................................................125
Appendix C – Cost Estimates of Charge ...............................................................125
Appendix D – Cost Estimates of Reimbursable Expenses ...................................129
Appendix E – Advance Payment Guarantee Form ..............................................130
Appendix F – Code of Conduct for Professionals ................................................132
Appendix G – Sexual Exploitation and Abuse (CSI) and/or Sexual Harassment
(CT) Performance Statement Code of Conduct for Professionals ................13 3

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Section 8. Contract Terms and Contract Forms ( Time Based)

CONSULTANT SERVICES AGREEMENT


Time Based

Project name
Disaster Risk Management Project in Schools
Job Name _
Construction Supervision Consultancy Services Agreement for
Reconstruction Works of Educational Buildings in İzmir Province
____________

Loan No. 8977-GB

Contract No. _ NDRMI-WB_DH-06B

TR MINISTRY OF NATIONAL EDUCATION - GENERAL DIRECTORATE OF


CONSTRUCTION AND REAL ESTATE

And

[Advisor's Name]

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Section 8. Contract Terms and Contract Forms ( Time Based)

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.)

This AGREEMENT (hereinafter referred to as "Agreement") [ year ] [ month ] [ day ] on one


side [name of Administration or Recipient ] (hereinafter "Administration") and on the other
side [name of Consultant] (hereinafter "Consultant") hereinafter referred to as).

[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").

FOR THE FOLLOWING REASONS:

(a) Administration requires the Consultant to provide certain consultancy services


defined in this Agreement (hereinafter referred to as the "Services")

(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.

From the Administration's International Bank for Reconstruction and Development


(IBRD) has received a loan for the cost of the Services and plans to use a portion of
the proceeds of that loan for eligible payments under this Agreement; Here it is
understood that; (i) Payments by the Bank shall be made only at the request of the
Administration and with the approval of the Bank (ii) such payments shall in all
Section 8. Contract Terms and Contract Forms ( Time Based)

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.

Therefore, the PARTIES have agreed on the following conditions:

1. The following documents shall be considered an integral part of this Agreement.

(a) General Terms of Contract (Annex 1 “Fraud and Corruption);


(b) Special Conditions of the Contract
(c) Appendices:

Appendix A: Job Description


Appendix B: Key Experts
Appendix C: Pricing Cost Estimates
Appendix D: Recoverable Cost Estimates
Appendix E: Advance Payment Guarantee Form
Appendix F: Code of Conduct (EC)
Appendix G: Sexual Exploitation and Abuse (CSI) and/or Sexual Harassment
(CT) Performance Statement
In case of inconsistency between documents, the following order of importance shall
apply: Specific Contractual Terms, General Contractual Conditions, including Annex
1, Annex A, Annex B, Annex C, Annex D, Annex E, Annex F, and Annex G. 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.

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 and on behalf of [Name of Administration]

[Authorized Representative of Administration – name, title and signature]

For and on behalf of [Name of Consultant or Name of Joint Venture ]


Section 8. Contract Terms and Contract Forms ( Time Based)

[Authorized Representative of the Consultant –name and signature]

[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]

[Name of main member]

[Authorized Representative on behalf of the Joint Venture]

[If all members are signing, add a signature block for each]

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Section 8. Contract Terms and Contract Forms ( Time Based)

II. General Contract Conditions


A. GENERAL PROVISIONS
1. Definitions 1.1. Unless the context requires otherwise, the following terms have
the following meanings wherever used in this Agreement:
(a) "Applicable Law" means laws or other documents which are in
force from time to time and have the force of law, enacted in
the country of the Administration or in another country
specified in the Special Contractual Conditions (ÖSK) .
(b) “Bank” means the International Bank for Development and
Reconstruction (IBRD) or the International Development
Association (IDA).
(c) “Borrower” means the Government, State agency or other entity
that has entered into a financing agreement with the Bank.
(d) "Administration" means the implementing agency that has
signed the Contract for the Services with the selected
Consultant.
(e) “Administrative Personnel” refers to the Administration
personnel, workforce and other employees employed to fulfill
the obligations of the Administration within the scope of the
Contract and other personnel specified as Administration
Personnel with a notification sent by the Administration to the
Consultant.
(f) "Consultant" means a legally established professional consulting
firm or an organization selected by the Administration to
provide Services under the Contract.
(g) “Contract” means the legally binding written agreement signed
between the Administration and the Consultant and includes all
the attached documents in paragraph 1 of the Contract Form
(General Conditions (GSK), Special Conditions (ÖSK) and
Annexes).
(h) “Contractor” refers to the person determined as the contractor in
the contract to be audited by the Consultant.
(i) “Contractor Personnel” means the personnel utilized by the
Contractor in the execution of the contract, including the
personnel, workforce and other employees of the Contractor
and each subcontractor, and other personnel assisting the
Contractor in the execution of the contract to be supervised by
the Consultant.
Section 8. Contract Terms and Contract Forms ( Time Based)

(j) "Day" means the business day unless otherwise stated.


(k) ““ES” means environmental and social (including Sexual
Exploitation and Abuse (SSI) and Sexual Harassment (CT)).
(l) "Effective Date" means the date on which this Agreement enters
into force pursuant to Article 11 of the GSK.
(m) “Experts” means all Key Experts, Non-Key Experts or other
personnel of the Consultant, the Sub-Consultant or Joint
Venture member(s) assigned by the Consultant to perform the
Services or a portion thereof under the Contract.
(n) “Foreign Currency” means all currencies other than the currency
of the Administration's country.
(o) “GSK” means the General Contracting Conditions.
(p) “Government” means the government of the country of the
Administration.
(q) “Joint Venture (JV)”, where a member has the power to carry
out the entire business on behalf of and for the benefit of any or
all of the JV members, and the JV members are jointly and
separately responsible to the Administration for the
performance of the Agreement, with or without a separate legal
personality from its members, refers to a merger consisting of
more than one unit.
(r) “Key Expert(s)” means individual professionals whose skills,
knowledge and experience under the Contract are important to
the performance of the Services and whose CV has been taken
into account in the technical assessment in the Consultant's
proposal.
(s) “Local Currency refers to the currency of the country of the
Administration.
(t) “Non-Key Expert(s)” means individual professionals who are
assigned by the Consultant or Sub-Consultant to perform the
Services under the Contract or any part of the Services.
(u) “Party” can be used to mean Administration or Consultant, and
the term “Parties” means both parties.
(v) "ÖSK" is used for Special Contract Conditions and GSK can be
amended or supplemented through ÖSK, but existing
information cannot be changed.
(w) “Services” means the works to be performed by the Consultant
Section 8. Contract Terms and Contract Forms ( Time Based)

pursuant to this Agreement as set forth in Appendix A.


(x) Sexual Exploitation and Abuse” “(CSI)”:
“Sexual Exploitation” means the actual exploitation or attempted
exploitation of a state of vulnerability, differential power or trust
for sexual purposes, including but not limited to financially,
socially and politically benefiting from the sexual exploitation of
another;
“Sexual Abuse” means 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.
(y) “Sexual Harassment” “(CT)” means any unwanted sexual
attempts, sexual solicitations, or other verbal or physical
behavior of a sexual nature by Professionals against other
Professionals or Administration Personnel.
(z) “Site” means the land and other places where the works will be
carried out and/or the facilities will be established and other
lands and places specified in the Contractor's contract as
forming part of the site.
(aa) “Subconsultant” means an entity that is solely responsible for
the performance of this Agreement, but for which the
Consultant intends to subcontract some of the Services.
(bb) “Third Party” means any person or entity other than the
Government, Administration, Consultant or Sub-Advisor.
2. Relationship 2.1. Nothing contained herein shall be construed as establishing a
Between the relationship between the Administration and the Consultant, between
Parties the employer and the officer or the manager and the organization.
The Consultant, subject to this agreement, is responsible for and is
responsible for all Services provided by or on behalf of Service
Experts and Sub-Consultants, if any.
3. Law governing the 3.1. The Applicable Law regulates this Agreement, the meaning
contract and explanation of the agreement, and the relationship between the
Parties.
4. Language 4.1. This Agreement is made in the language specified in the ÖSK
, this language is the language to be used in all matters related to the
meaning and explanation of this Agreement and is binding.
5. Titles 5.1. Headings do not limit, alter or affect the meaning of this
Agreement.
6. Notification 6.1. Notifications requested or permitted to be made pursuant to
this Agreement are made in writing in the language specified in

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Article 4 of the GSK. such notices, requests or approvals; It is


assumed that the message is given or carried out when it is personally
transmitted to the authorized representative of the Party to which it is
forwarded or when it is sent to the Party at the address specified in
the ÖSK .

6.2. One of the Parties may change the notification address


specified herein by informing the other Party about the change of
address.
7. Location 7.1. Services are provided at the locations specified in Annex A ,
and where the location of a specific assignment is not specified, the
service is provided in the State's country or other Administration-
approved location.

8. Authorization of 8.1. If the Consultant is a Joint Venture, the members authorize


the Responsible the member named in the ÖSK to act on their behalf in order to
Member fulfill all the rights and obligations of the Consultant towards the
Administration, including but not limited to receiving instructions
and payments from the Administration within the scope of this
Agreement.

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.

B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF


CONTRACT
11. Enforcement of 11.1. This Agreement shall enter into force on the date the

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Section 8. Contract Terms and Contract Forms ( Time Based)

the Contract Administration is instructed to begin providing the Services to the


Consultant ("Effective Date"). This notification confirms that the
effective conditions (if any) listed in the ÖSK have been fulfilled.
12. Termination of 12.1. If this Agreement does not enter into force in the period after
Contract as a the signing date of the agreement specified in the ÖSK , one of the
result of Non- parties may render this Agreement invalid and void by giving at
Enforcement least twenty-two days' notice to the other Party, and in such a case,
neither party can make a claim to the other party regarding what is
written here.
13. Starting Services 13.1. The Consultant confirms the availability of Key Experts and
starts the delivery of the Services within the specified period after
the Effective Date specified in the ÖSK .
14. Contract 14.1. Unless there is an early termination of the contract pursuant to
Expiration Article 19 of the GSK, this Contract will expire at the end of the
period after the Effective Date specified in the ÖSK .
15. Integrity of the 15.1. This Agreement includes all agreements, terms and conditions
Self agreed upon by the Parties. No agent or representative of the Parties
is authorized to make any representations or representations,
promises or agreements not specified herein, and the Parties have no
responsibilities or obligations regarding any representations,
representations, promises or agreements not specified herein.
16. Changes or 16.1. Any change or difference to the terms and conditions of this
Differences Agreement, including a change or difference to the scope of the
Services, may only be made by written agreement between the
Parties. However, each Party will give due consideration to the
proposals of the other Party regarding the change or difference.

16.2. In case of many changes and differences, the written consent


of the Bank is required.
17. Force Majeure
a. Definition 17.1. For the purposes of this Agreement, "Force Majeure" shall be
understood as events that occur beyond the reasonable control of
either Party, are unavoidable and unpredictable, make it impossible
for the relevant Party to fulfill its obligations, or make it difficult to
the extent that it would be deemed impossible under the current
circumstances, and, subject to these requirements, warfare , riot,
civil movement, earthquake, fire, explosion, storm, flood and other
adverse weather conditions, strike, lockout or other industrial
movement, seizure or other such activities of Government
organizations.

17.2. that it may refrain from fulfilling its obligations under this

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Section 8. Contract Terms and Contract Forms ( Time Based)

Agreement. or events that it can handle.

17.3. Force majeure does not cover insufficient funds or the


inability to make payments under this Agreement.

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.

17.7. In accordance with this Agreement, the time period during


which the relevant Party will complete an action or task will be
extended in proportion to the period when the Party in question
cannot perform the action due to Force Majeure.

17.8. During the period when he is unable to perform the Services


due to force majeure, the Consultant will do one of the following
upon instructions from the Administration:
or _
(b) Maintaining the Services to the extent reasonably possible,
in which case the Consultant will continue to receive
payment pursuant to the terms of this Agreement and will
receive reimbursement for additional costs incurred
reasonably and as necessary.
17.9. In case of disagreement between the Parties regarding the
existence or extent of Force Majeure, the issue is resolved in
accordance with Articles 56 and 57 of the GSK.

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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Section 8. Contract Terms and Contract Forms ( Time Based)

the Administration may suspend all payments of the Consultant un-


der this Agreement by giving written notice to the Consultant of the
suspension, provided that the notice of suspension (i) indicates the
nature of the non-fulfillment of the obligation. and (ii) Requesting
the Consultant to rectify the situation, not exceeding thirty (30) cal-
endar days after the Consultant has received such notice of suspen-
sion.
19. Dissolution 19.1. This Agreement may be terminated by any of the Parties in
accordance with the provisions set forth below:
a. by the 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, and five (5) calendar days if the events
referred to in paragraph (f) occur.
(a) If the Consultant fails to correct a defect in the
performance of its obligations set out herein as set forth
in the notice of suspension issued pursuant to Article 18
GSK,
(b) If the Consultant (if the Consultant consists of more than
one organization, one of its members) becomes insolvent,
goes 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 arbitration
award pursuant to Article 58.1 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
Experts as required by Article 13 of the GSK ,
19.1.2 In case the Consultant is involved in a practice that
constitutes Fraud and Corruption as defined in paragraph 2.2.a
of GSK Annex-1 while competing for the Contract or in the
performance of the Contract, in the assessment of the

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Section 8. Contract Terms and Contract Forms ( Time Based)

Administration, the Administration shall give the Consultant


fourteen (14) calendar days' written notice. Terminate the
Consultant's employment under the Contract.
b. By 19.1.3 The Consultant may terminate this Agreement, by giving
Consultant a written notice to the Administration at least thirty (30)
calendar days in advance, in the event that any of the
circumstances specified in paragraphs (a) to (d) of this Article
occur:
(a) If the Administration does not make the non-disputable
payments to the Consultant under this Agreement within
forty-five (45) days after the Consultant notifies the
Consultant of the delay in the relevant payment;
(b) 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; And
(c) If the Administration does not comply with the final award
in the arbitration proceeding pursuant to Article 58.1 of
the GSK,
(d) This Agreement may be terminated by the Consultant if
the Administration breaches its obligations under this
Agreement and fails to fulfill its obligations within forty-
five (45) days (or a period to be later approved by the
Consultant in writing) after the Consultant's notice of such
breach is received by the Administration. .
c. Termination 19.1.4 All rights and obligations of the Parties shall
of Rights and terminate upon termination of this Agreement pursuant to
Obligations Articles 12 and 19 of GSK or expiration of this Agreement
pursuant to Article 14 of GSK, with the exception of (i) rights
and obligations accrued on the date of termination or expiration
of the contract (ii) GSK Obligation of confidentiality as set out
in Article 22 (iii) Obligation to allow the examination, copying
and auditing of the Accounts and records of the Consultant
speaking in Article 25 of the GSK and to provide cooperation
and assistance in inspections or investigations (iv) The right
that the relevant Party may have under applicable law .
D. Termination 19.1.5 Upon termination of this Agreement pursuant to
of Services Article 19a of GSK or Article 19b of GSK, upon notice by one
party to the other, the Consultant shall take the necessary steps
to ensure that the Services are duly terminated promptly after
such notice is sent or received, and to that end, expenditures
shall be minimized. It shows the effort required to keep it.

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Regarding the documents prepared by the Consultant and the


materials supplied by the Administration, the Consultant acts in
accordance with GSK Article 27 or GSK Article 28
respectively.
to. Payment in 19.1.6 Upon termination of this Agreement, the
Case of Administration makes the following payments to the
Termination Consultant.
(a) In accordance with Article 50 of the GSK and the fee for
reimbursable costs for services adequately rendered prior
to the applicable termination date and expenditure incurred
prior to the applicable termination date ;
(b) In the event of termination pursuant to clauses 19.1.1 (d) to
(e) of GSK, reimbursement of reasonable costs
associated with prompt and proper termination of this
Agreement, including the costs of returning Experts.

C. OBLIGATIONS OF THE CONSULTANT


20. General
a. Performance 20.1 The Consultant will provide the Services with due care,
Standard effectiveness and frugality in accordance with generally accepted
professional standards and practices, demonstrate sound management
practices, and use appropriate technology and safe and effective
equipment, machinery, materials and methods. The Consultant will
always act as a loyal consultant to the Administration, observing this
Agreement or the Services, and will always promote and protect the
legitimate interests of the Administration in dealing with third parties.
20.2 The Consultant will employ and provide qualified and
experienced Specialists and Sub-Consultants for the performance of
the Services .
20.3 The Consultant may subcontract a portion of the Services with
Key Experts and Sub-Consultants to the extent that the
Administration has approved in advance. In the applications to be
made by the Consultant for the approval of the Administration for the
inclusion of Sub-consultants whose names are not mentioned in the
contract, the Sub-Consultant's statement in accordance with the Sub-
Consultant's Appendix G- Sexual Exploitation and Abuse (CSI) /
Sexual Harassment (CT) Performance Statement will also be
included . Despite approval, the Consultant will continue to assume
responsibility for all of the Services.
b. Applicable 20.4 The Consultant performs the Services in accordance with the

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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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25.2 Pursuant to the provisions of Annex-1 paragraph 2.2 e of the


General Conditions, the Consultant is authorized by the Bank and/or
the Bank's designated persons to inspect the site and/or all accounts,
records and other documents related to the tender process, selection
and/or execution of the contract. and will allow auditors appointed
by the Bank to audit these accounts, records and other documents
and ensure that its representatives (declared or not), subcontractors,
subconsultants, service providers, suppliers and personnel do so. The
attention of the consultant and his subcontractors and subconsultants
is drawn to Article 10.1 (Fraud and Corruption) of the GSK; This
clause states, inter alia, that acts that significantly impede the
exercise of the Bank's inspection and audit rights are prohibited
practices subject to contract termination (and the Advisor's non-
compliance determination pursuant to the Bank's general
enforcement procedures).
26. Reporting 26.1 The Consultant shall submit the reports and documents
Obligations specified in Annex A to the Administration in the format, number and
time intervals specified in the Annex.
27. Property Rights of 27.1 Unless otherwise stated in ÖSK ; All kinds of reports and
the Administration related data and information such as maps, graphics, plans, databases,
Regarding Reports other documents and software, supporting records or materials
and Records compiled or prepared during the Services will be confidential and will
remain the sole property of the Administration. Before the expiration
of this Agreement or upon the expiration of the Agreement, the
Consultant shall deliver all the documents in question to the
Administration together with the detailed inventory. The Consultant
retains a copy of the said documents, data and/or software, but cannot
use them for purposes other than the purposes of this Agreement
without the prior written consent of the Administration.
27.2 If it is necessary to make license agreements between the
Consultant and third parties for the purpose of developing plans,
drawings, specifications, designs, database, other documents and
software, and it is appropriate to make these license agreements; The
Consultant receives written pre-approval from the Administration for
such contracts, and the Administration, at its own discretion, is
entitled to demand reimbursement of costs incurred in relation to the
development of the relevant program(s). Other restrictions on future
use of these documents and software, if any, will be specified in the
ÖSK .
28. Equipment, Tools 28.1 The ownership of the equipment, tools and materials that are
and Materials partially or completely purchased with the financial resources
provided by the Administration or made available to the Consultant
by the Administration belong to the Administration and the
equipment, tools and materials in question are marked accordingly.
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Upon the termination or expiration of this Agreement, the Consultant


makes the inventory of said equipment, tools and materials available
to the Administration and transfers the said equipment, tools and
materials in line with the Administration's instructions. Unless a
written instruction is given by the Administration to the contrary;
While such equipment, tools and materials are at the disposal of the
Consultant, the Consultant insures these equipment, tools and
materials for an amount equivalent to their replacement value.
28.2 Any equipment and material brought into the country of the
Administration by the Consultant or the Consultant's Experts for
project or personal use remains the property of the relevant Consultant
or Experts.
29. Health and Safety 29.1. Advisor;
(a) comply with all relevant health and safety regulations and laws;
(b) fulfill all relevant health and safety obligations set out in the
contract;
(c) provide or ensure the delivery of health and safety training for
Professionals as needed and keep records of training;
(d) Provide workplace processes to enable professionals to report
work situations that they consider unsafe or unhealthy and to move
away from work environments where they have reasonable grounds
to believe they present an imminent and serious danger to their life or
health;
(e) Professionals who have moved away from such work
environments will not be required to return to work until the
necessary compensatory measures to remedy the situation have been
taken. Experts will not be retaliated or otherwise subject to adverse
action for such reporting or withdrawal;
(f) establish and implement a system for regular (at least every six
months) review of health and safety performance and the working
environment.
30. Code of Conduct 30.1 The Consultant will have a Code of Conduct for Professionals.
The Consultant will take all necessary measures to ensure that each
Professional learns the Code of Conduct, including specific
prohibited behaviors, and understands the consequences of such
prohibited behavior .
Among these measures; It includes providing instructions and
documents that can be understood by the Expert, and obtaining
signatures confirming receipt of the instructions and/or documents as

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per the Expert's interest.


The Consultant will also ensure that the Code of Conduct is visibly
displayed on and off the Site in different places where local people
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 made by the Consultant with
the consent of 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;

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(b) carried out underground, under water, at height or in a closed


environment;
(c) involving dangerous machinery, equipment or tools, or the
loading, unloading or transport of heavy loads;
(d) performed in unhealthy environments that expose children to
hazardous substances, factors, processes, temperatures, noise or
vibration that are harmful to health; or
(e) It includes work performed in harsh conditions, such as
working long hours, working night hours, or working in a
restricted environment at employer's premises.
33. Workers' 33.1 In countries where applicable labor legislation recognizes the
Organizations right of workers to form and join workers' organizations and to
negotiate collective bargaining without interference, the Consultant
will comply with these laws. In such cases, the roles of legally
established workers' organizations and legitimate workers'
representatives will be respected, and they will be provided with the
information they need to conduct meaningful negotiations in a timely
manner. Where relevant labor legislation significantly restricts
workers' organisations, the Consultant will provide needed
alternative means for Experts to express their grievances and protect
their rights regarding working and employment conditions. The
consultant will not try to influence or control these alternative means.
The Consultant will not discriminate or retaliate against
Professionals who participate or wish to participate in such
organisations, collective bargaining initiatives or alternative
mechanisms. Workers' organizations are expected to fairly represent
workers in the workforce.
34. Non- 34.1 The Consultant may not make decisions in the employment of
Discrimination and or against Experts on the basis of personal characteristics unrelated
Equal Opportunity to the natural requirements of the job. The Consultant is based on the
principles of equal opportunity and fair treatment in the employment
of Professionals and is based on the principles of hiring and posting,
remuneration (including salary and benefits), working and
employment conditions, access to training, assignment, promotion,
termination or retirement and disciplinary practices . does not
discriminate in terms of any aspect of the employment relationship,
including
Special protection or assistance measures taken to compensate for
past discrimination practices, or a choice made for a particular job
based on the natural requirements of the job, cannot be considered
discrimination. The counselor provides protection and assistance
where necessary to prevent discrimination and ensure equal
opportunities for specific groups such as women, persons with
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disabilities, migrant workers and children (children of working age


pursuant to Article 31 GSK).
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.
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.

D. CONSULTANT'S EXPERTS AND SUB-CONSULTANTS


37. Definition of Key 37.1 Title, agreed job description, minimum qualifications The
Experts estimated time each Key Specialist of the Consultant will spend
performing the Services is defined in Appendix B.
37.2 If the provisions of GSK Article 20a are to be complied with,
adjustments to the Key Experts' estimated time input set out in
Annex B may be made by the Consultant upon written notice to the
Administration, subject to the following conditions: (i) such
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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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(f) Behavior that violates the Code of Conduct (ES) for


Professionals
the Consultant makes a replacement upon the written request of the
Administration.
40.2 If the Administration finds that any of the Key Experts,
Non- Key Experts or Sub-Consultants are inadequate or incapable of
performing the assigned duties, the Administration may request the
Consultant to perform a replacement, stating the relevant reasons.
40.3 The replacement of dismissed Experts or Sub-Consultants
will require better qualifications and experience and be acceptable to
the Administration.
40.4 Subject to the requirements of Article 40.3 of the GSK, and
without the Administration requiring the Consultant to request an
Expert substitute, the Consultant will promptly take appropriate
action in the event of a breach of any of the clauses (a) to (f) above.
Such immediate action may include the removal (or removal) of a
Specialist who violates any of the provisions in (a) to (f) above from
the Site or elsewhere where the Services are conducted.
41. Replacement/ 41.1 Except where the Administration approves otherwise, (i) the
Removal of Experts Consultant shall bear all additional travel and other expenses arising
- Impact on Payouts from dismissal and/or replacement, and (ii) the remuneration payable
to substitute Experts shall not exceed the rate payable to the
dismissed or replaced Experts.
42. Working hours, 42.1 Experts' working hours and holidays are given in Appendix
Overtime, Leave, B. Experts serving in the Administration's country to disclose travel
etc. times to and from the Administration's country shall be deemed to
have started or completed work related to the Services, as specified
in Appendix B, this number of days prior to their arrival in the
Administration's country or this number of days after leaving the
Administration's country .
42.2 Professionals may not be paid for overtime or paid for paid
sick leave or vacation, except as specified in Appendix B, and the
Consultant's remuneration is deemed to cover these items.
42.3 Authorizations obtained by Key Experts are subject to prior
approval by the Consultant and the Consultant will ensure that the
absence of the Expert due to authorization will not delay the process
or affect adequate supervision of the Services.

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E. OBLIGATIONS OF THE ADMINISTRATION


43. Support and 43.1 Unless otherwise stated in the ÖSK , the Administration
Exemptions will make the necessary efforts to:
(a) Assisting the Consultant in obtaining work permits and similar
documents necessary to enable the Consultant to perform the
Services.
(b) Providing without delay support to the Consultant in obtaining
all kinds of entry and exit visas, residence permits, foreign
exchange permits and other documents necessary for experts
and, if necessary, suitably qualified dependents to remain in the
country of the Administration while performing the Services
under this Agreement.
(c) Facilitate experts and suitably qualified dependents to obtain
customs clearance without delay for any goods and special
items required for the Services.
(d) Providing the authorities, organizations and Government
representatives with such instructions and information as
necessary and appropriate for the prompt and efficient delivery
of the services.
(e) Assist in ensuring that the Consultant and Experts and Sub-
Consultants employed by the Consultant for the Services are
exempted from the requirement to obtain a work permit or
register under applicable law in the Administration's country or
to prove himself in the Administration's country individually or
as a legal entity.
( f) Assisting the Consultant, Sub-Advisors and Specialists of
Consultants and Sub-Consultants, in accordance with the law
applicable in the Administration's country, to bring a reasonable
amount of foreign currency into the Administration's country
for the purpose of performing the Services, or to use the
Experts for personal purposes and to obtain withdrawal
privileges in amounts earned in performing the Services.
(g) Providing the consultant with other support specified in the
ÖSK .
44. Access to Project 44.1 The Administration grants free and unhindered access to the
Area project area for the Consultant to perform 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
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negligence of the Consultant or the Sub-Consultants or the Experts of


the Consultants and Sub-Consultants. meets.
45. Amendment to the 45.1 If, after the date of this Agreement, there is a change in the
Applicable Law on applicable law regarding taxes and fees in the country of the
Taxes and Fees Administration that increase or decrease the costs incurred in the
performance of the Consultant's Services, the fee and reimbursable
expenses normally payable to the Consultant under this Agreement
shall be increased or decreased in accordance with the agreement
between the Parties, and Ceilings specified in GSK article 49.2 are
adjusted accordingly.
46. Administration's 46.1 The Administration provides the Services, facilities and
Services, Facilities property specified in the Terms of Reference ( Annex A ) to the
and Ownership Consultant and the Experts in the manner and at the times
specified in Annex A, for the performance of the Services and free of
charge .
46.2 Where such services, facilities and property are not made
available to the Consultant as and at the time set forth in Annex A,
the Parties agree to: (i) extend the time available to the Consultant to
perform the Services (ii) retain such services, facilities and property
of the Consultant from other sources . and (iii) any resulting
additional payments to the Consultant in accordance with GSK 46.3
(if any).
47. Colleague 47.1 The Administration makes free of charge for the Consultant
Personnel professional staff and supporting counterparts to be nominated by
the Administration on the advice of the Consultant, if specified in
Annex A.
47.2 If the collegial staff is not available for the Consultant by the
Administration and the Consultant in the manner and time specified
in Annex A , the Administration and the Consultant agree on (i)
how the affected portion of the Services will be delivered and (ii) the
additional payments to be made by the Administration to the
Consultant in accordance with Article 49.3 of the GSK. if any).
47.3 Professional and supportive counterpart personnel, with the
exception of the Administration's liaison personnel , will work under
the exclusive 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.
48. Obligation to Pay 48.1 Regarding the services provided under this Agreement, the

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Administration makes the payments to be made to the Consultant as


provided in GSK F.

F. PAYMENTS TO THE CONSULTANT


49. Ceiling Amount 49.1 The estimate of the cost of the Services is in Appendix C
(Charging) and Appendix D (Reimbursable charges) is presented .

49.2 Payments under this Agreement shall not exceed the ceiling
amounts in foreign and local currency specified in the ÖSK .

49.3 For payments in excess of the ceiling amounts specified in


GSK 49.2, the amendment to this Agreement shall be signed by the
Parties by referring to the provision of this Agreement that mentions
the said amendment.

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.

50.2 All payments will be made at the rates specified in Annex C


and Annex D.

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 .

G. INTEGRITY AND GOODWILL


55. Goodwill 55.1 The parties undertake to act in good faith with respect to
each other's rights under this Agreement and to ensure that all
reasonable measures are taken to ensure the realization of the
purposes of this Agreement.

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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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
2.1 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.

2.2 To observe this policy, the Bank:


a. For the purposes of this provision, it makes the following definitions:
i. “Corruption practice” means offering, giving, receiving or soliciting, directly
or indirectly, anything of value to improperly influence the actions of another
party;
ii. “Forgery app”; means any act or omission that knowingly or recklessly misleads
or attempts to mislead a party, including misrepresentation, in order to obtain a
financial or other advantage or to avoid an obligation;
iii. “fraudulent/falsified application”; means an arrangement between two or more
parties designed to achieve an improper purpose, including improperly
influencing the actions of another party;
iv. “Coercive/forced practice”; means directly or indirectly injure or harm, or
threaten to injure or harm, a party or its property in order to improperly
influence the actions of a party;
v. “Blocker app”:
(a) Intentional destruction, falsification, alteration or concealment of the
investigation's evidence or misrepresentation to the persons conducting the
investigation and/or having knowledge of the investigation-related matters in
order to significantly hinder the Bank's investigation into allegations of
corruption, fraudulent practices, fraudulent practices or oppressive practices .
threaten, harass or intimidate any person into not disclosing any information
they have or discourage following the investigation; or

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(b) It means actions aimed at significantly preventing the Bank from


exercising its inspection and audit rights set forth in paragraph 2.2.e
below.
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 recipient of any portion of the Loan amount have used corrupt,
fraudulent, fraudulent, oppressive or obstructive practices during the bidding,
selection and/or signing of the contract in question, 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;
e. All accounts, records and related records of Bidders/Applicants, consultants,
contractors and suppliers, their subcontractors, subconsultants, service providers,
suppliers, representatives, personnel with the Bank in relation to the procurement
process, selection and/or contract signing.3 will require that a provision be included
in the Bidding documents and in the contract financed by the Bank loan, allowing
them to inspect other documents and to have them audited by Bank-appointed
auditors.

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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III. Special Contract Conditions


[Notes in parentheses are for guidance only; should be deleted from the final text of the
signed contract.)

Number of Amendments and Additions to the Articles of the General


GK Article Conditions of the Agreement

1.1(a) The contract is interpreted in accordance with the laws of the


Republic of Turkey.

4.1 Language: Turkish

6.1 and 6.2 The addresses are as follows:

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

Related: Hacı Mehmet KULOĞLU

Phone : (+90) 312 413 31 32


Fax : (+90) 312 213 83 46

Consultants:
Related:
Telephone:
Fax:

8.1 [Indicate if the consultant consists of only one organization: "Not


applicable";
OR
the Consultant is a Joint Venture consisting of more than one
organization, enter: Name of the Joint Venture member whose

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address is specified in Article 6.1 of the ÖSK. ]

On behalf of the Joint Venture Pilot Partner ___________


______________________________ [insert: member's name]

9.1 Authorized Representatives:

On behalf of the administration:


[name, title]

On behalf of the consultant:


[name, title]

11.1 The conditions for entry into force are as follows:


The contract will enter into force on the day the Administration
notifies the Consultant in writing that the first Construction contract
has been signed.

12.1 Article 12 has been amended as follows:

If this Agreement does not enter into force within 2 months or on


another date agreed in writing between the parties, upon the written
notice specified in Article 11.1 of CCP, either party may render this
Agreement invalid and void by giving a written notice to the other not
less than twenty-two (22) calendar days, and In such a case, neither
party can make a claim to the other party regarding what is written
here.

13.1 Starting Services:

Fifteen (15) days from the Effective Date.

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.

14.1 Contract Term:


Disaster Risk Management Project in Schools Project Design and
Construction Supervision Consultancy Services for the
Reconstruction of Educational Buildings in İzmir Province NDRM1-
WB-DH-06 Total duration of the Work; Project design and
inspection services of constructions are estimated to be 23 Months,
Contractor's Defect Liability Period of 12 months (Provisional

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Acceptance and Final Acceptance phases are calculated as 2 months


and included in 23 months), a total of approximately 35 months from
the signing of the contract to the completion of the contract.

The total duration of the Construction Supervision Consultancy


Services NDRM1-WB-DH-06B Work under this Time-Based
contract; It is foreseen as 30 months including Defect Liability
Period(s).

23.1 FINANCIAL LIABILITY - PENALTY AND DEDUCTIONS


1) In case the work schedule is submitted more than 15 (fifteen)
days from the place delivery date, a penalty of 2.500.00 TL
(two thousand five hundred lira) is applied for each day passed.

2) In case the site delivery of the contractors undertaking the


construction works is not made by the Consultant in
accordance with the principles in the relevant articles of the
construction contract, a penalty of 2,500,00 TL (two thousand
five hundred lira) per construction site is applied for each day
of delay, except for the reasons arising from the
Administration.

3) Except for administrative reasons, In case the Consultant has


faults and deficiencies that cause the extension of time in the
construction works, a penalty of 2.500.00 TL (two thousand
five hundred Turkish Liras) is applied per construction site for
each day of the corresponding Contractor time extension.

4) If the documents sent to the Consultant for examination and


opinion are not answered within 10 (ten) days at the latest,
depending on the scope of the work, a penalty of 2,500,00 TL
(two thousand five hundred lira) is applied for each day passed.

5) The payment that is not collected in the final account(s) of the


Contractor(s) of the construction work or after the final account
is overpaid within the scope of the Contractor's contract and
creates a public loss, will be collected from the Consultant
within the scope of professional liability insurance and other
legal means.

6) Projects, site plan, etc. of the works determined in the


Contractor's contract. The Contractor is not authorized to make

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a production in favor of or against the Contractor by changing


the change without the knowledge and approval of the
Administration. However, daily small change orders that do not
delay the duration of the work and do not change the ceiling of
the contract can be given in order not to cause delays in the
works and are submitted to the Administration within 3
working days.

7) If it is determined that the consultant personnel are not at the


construction site during the inspections for reasons that cannot
be accepted by the Administration, a penalty of 2,500,00 TL
(two thousand five hundred lira) is applied for each day of
delay per personnel.

8) If the construction site book that should be kept by the


consultant is not kept or it is determined that it is kept
incomplete, a penalty of 2,500.00 TL (two thousand five
hundred liras) per day per construction site, and 50% (fifty)
more is applied in case of recurrence.

9) In case it is determined that the Contractor has not produced in


accordance with the contract and specifications during the
temporary acceptance, a legal penalty may be initiated by the
Administration against the Consultant.

10) A penalty of 50.000.00 TL (fifty thousand Turkish Liras) per


work is applied if the consultant states that the work is ready
for temporary acceptance, but when it is determined that the
work is not ready for acceptance when temporary acceptance is
made.

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.

12) A penalty of 100.000,00 TL (hundred thousand Turkish Liras)


is applied for each work whose final calculation is not done
within the stipulated period, although it is temporarily
accepted, terminated or liquidated by the Consultant. These
penalties are collected from the first subsequent progress

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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.

13) shall be liable to the Administration for all kinds of damages


and losses that the Administration may suffer due to the
performance of the services in accordance with the provisions
of the contract and the negligence, fault or default in the
performance of the services .

14) The Consultant agrees to indemnify any loss, damage, damage


or expense incurred by the Administration and third parties due
to the fault, negligence and fault of himself, his staff or sub-
Consultants. The Contractor and the Consultant, together with
the Contractor, will be jointly and severally liable against the
Administration for defects and errors that are considered to be
caused by project error, application and material error, lack of
supervision, for a period of 15 years from the date of final
acceptance of a building, after it has been completed and put
into use. .

15) The construction and installation works required for the


damage and compensation of the damage to the structure will
be carried out by the Administration on behalf and account of
the Contractor and the Consultant, and the cost will be
collected jointly and severally from the Contractor and the
Consultant.

16) In the event that the technical personnel notified by the


Consultant Firm continue to be employed in more than one
firm or in other workplaces with different SSI workplace
account numbers despite being warned by the Administration,
a penalty of 10,000,00 TL (Ten thousand Lira) is applied to
each personnel separately and these penalties are collected
from the first subsequent progress payment of the Consultant.
welcome

17) In the event that the Consultant staff deliberately understates


the Contractor's manufacturing prices, deliberately refuses to
take delivery of iron, formwork and certain works, tries to
prevent and/or delay the work, or is found to have entered into
a business relationship with the Construction Contractor for
profit, the contract of the relevant Consultant Firm is
terminated and Proceedings will be initiated against him in
accordance with Turkish Criminal Law.

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18) Control supervisors and members of the Control organization


should start working within the Consultant, in line with the
limits given on the date of site delivery to the Contractor/s of
the construction work/s, and submit to the Administration
together with the documents forming his/her resume by making
SGK entry.

The penalty amount to be applied to the consulting firm will not


exceed 10% of the Total Time Based Contract Amount. In case the
penalty amount exceeds this amount, a decision can be made
between the Consultant firm and the Administration as the
continuation of the contract or the termination of the contract with
penalty.

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;
Third Party Liability insurance with a minimum coverage of 5% of
the Contract Price in accordance with the applicable law in the
country of the Administration;
Professional liability insurance with a minimum coverage equal to
twice the Contract Amount (excluding Value Added Tax).
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;
Insurance for loss or damage of (i) all consulting service-related
equipment purchased, in whole or in part, with funds under this
Agreement, (ii) equipment and instruments used by the Consultants

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to perform the Services, and (iii) documents prepared by the


Consultants in return for the performance of the Services.

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.

27.1 There Are No Additional Provisions Regarding Property Rights.

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.

43.1 Delete clauses (c), (e) and (f).


(a) to (f)

43.1(g) No changes are foreseen to Article 43.1 of the GSK.

49.2 The ceiling amount in foreign currency or units:


_......................................... .......( VAT excluded)

Local currency ceiling: ___________________ (VAT excluded)

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.

The amount of such taxes ____________________ [Insert the amount


finalized in the negotiation of the Contract based on the estimates
provided by the Consultant on Form FIN-2B of the Consultant's
Financial Proposal.]

50.3 Price adjustments will apply to time-based personnel wage


payments under Construction Supervision, which are quoted
and paid in local currency. Within the scope of the Time-Based
Agreement, no price difference will be paid for personnel wages
in foreign currency.

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LOCAL CURRENCY DIFFERENCE PAYMENT:

"In accordance with Article 50.3 of the General Conditions,


personnel remuneration payments to be made for Construction
Supervision Services in local currency will be subject to price
difference (escalation) as follows.

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

R l in this formula is the adjusted staff wage, R lo The personnel wages to be


paid on the basis of the amounts specified for the personnel wages in
local currency in Annex C, the official Consumer Price Index (CPI)
published by TURKSTAT applied to the wages for the month in
which each progress payment will be valid, and I lo “From the date of
offer termination. refers to the official Consumer Price Index (CPI) of
the previous month published by TURKSTAT.

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.

The Consultant has to cover all local taxes excluding VAT.


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.

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The Consultant is liable to pay the following Stamp Duty.

1. Signing the Contract – The Consultant will pay stamp


duty for the signature of the contract at the rate stipulated by
the laws and regulations at the stage of signing the contract.
2. Payments will be made by deducting stamp duty for
each payment made to the consultant.

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]

53.1(a) The following provisions apply to advance payment and bank


advance payment letter of guarantee:

(1) Advance payment of [in foreign currency [insert


amount] ] [and [insert amount] in local currency ] corresponding to
ten percent (10%) of the Time-based Contract Amount shall be made
upon fulfillment of the following conditions: (i) Contract Text by the
parties (ii) The Consultant submits an unconditional Letter of
Advance Bank Guarantee in an amount equal to the advance amount,
issued by an internationally reputable bank worthy of acceptance by
the Employer. (iii) Completion of the first construction tender,
signing the construction contract with the Contractor and handing
over the site.
Advance payment will be made to the Consultant no later than 28
days following the fulfillment of the conditions specified in (i), (ii)
and (iii) above. The advance payment deduction will start after the
payments under this contract reach the level of 20% and will be
fifteen percent (15%) of the amount of the Consultant's progress
payment related to the Time-Based Contract, excluding VAT. At the
end of the targeted completion period, the entire advance from the
progress payment will be deducted. In case the deductions reach one
hundred percent (100%), the advance guarantee letter is released.
(2) The bank advance payment letter of guarantee shall be in the
currency(s) and amount in which the advance payment will be made.

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53.1(b) The Consultant will submit monthly detailed interim progress


payments to the Administration for the payments of Construction
Supervision Services under the Time Based Contract. Progress
payments will be presented in 4 hard copies and one CD.

53.1(e) Accounts:

foreign currency [enter account].


local currency [enter account].

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.

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.

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.

1. Judges' Choice. Each dispute brought to arbitration by a Party


shall be heard by a sole arbitrator or a panel of three (3)
arbitrators in accordance with the provisions below.

(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

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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 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.

2. 2. Rules of Procedure Unless otherwise stated in this article;


Arbitration proceedings shall be conducted in accordance with the
arbitration procedure rules of the United Nations Commission on
International Commercial Law (UNCITRAL) as in force at the
date of this Agreement.

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.

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4. Nationality and Qualifications of Arbitrators. The Sole Arbitrator


or third arbitrator appointed pursuant to paragraphs 1(a) to 1(c) is
an internationally recognized legal or technical expert with
extensive experience in the matter in question, and the nationality
of the arbitrator is the home country of the Consultant [ Note :
add: or the home country of its members or of any of the Parties ]
or the country of the Government. For the purposes of this
Article, "home country" means:

(a) 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

(b) The country where the Consultant [or its members or


any of the Parties] has its principal place of business;
or

(c) The country or country to which the majority of the


Consultant [or its members or any of the Parties]
stakeholders are subject
(d) Country to which the relevant Subconsultants are
subject, where the dispute involves subcontracting.

3. 5. Miscellaneous Provisions In any arbitration proceeding under the


provisions of this article:
6.
(a) Unless the parties agree otherwise, the proceedings are
conducted in [Select a country other than
Administration and Consultant's] ;

(b) For all purposes the language [language type] is the


official language and

(c) The decision of the Sole Arbitrator or the majority of


the arbitrators (or the third 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.

4. Disputes in Contracts with Domestic Consultants will be resolved in


Ankara courts in accordance with Turkish Laws.

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IV. appendices

APPENDIX A – TERMS OF REFERENCE (TOR)

[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]

APPENDIX B - KEY EXPERTS

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). ]

APPENDIX C - COST ESTIMATES FOR CHARGES

1. Monthly rates for experts:

[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.

If it is determined by the Administration (through inspections or audits in accordance


with Article 25.2 of the GSK or otherwise) that such statements are manifestly
incomplete or inaccurate; The Administration has the authority to make appropriate
changes to the rates of remuneration affected by such manifestly incomplete or
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 Article 53.1(d) of the GSK in this Agreement, the
Administration is required to make a request for such reimbursement within twelve
(12) calendar months following the receipt of the final statement and final report
approved by the Administration.
Section 8. Contract Terms and Contract Forms ( Time Based)

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:

(given as [insert currency])*

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

Name and Title:

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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)]

{Guarantor letterhead or SWIFT identification code}

Bank Guarantee for Advance Payment

Guarantor: ___________________ [add: Commercial Bank Name and Branch or Address


of Office from which the Guarantee was obtained]

Beneficiary: _________________ [add: Name and Address of Administration]

Date: ____________ [insert: date] ____

GUARANTEE OF ADVANCE PAYMENT No.: ___________ [add: number] ______

____________ [name of the Consultant or Joint Venture as specified in the signed


Agreement] (hereinafter referred to as the “Consultant”), ______ [short description of the
Services ] (hereinafter “Agreement”) with the Beneficiary for the provision of ___ [ insert:
date]_________ , [contract reference number] We have been informed that it has concluded
the Contract numbered _____________ .

[add: amount in figures] against a security of advance payment ( ) [add:


amount in text], we understand that an advance payment must be made.

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.}

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 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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Section 8. Contract Terms and Contract Forms ( Time Based)

APPENDIX F – CODE OF CONDUCT

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Section 8. Contract Terms and Contract Forms ( Time Based)

APPENDIX G – SEXUAL EXPLOITATION AND ABUSE (CSI) AND/OR SEXUAL


HARASSMENT (CT) PERFORMANCE STATEMENT FOR SUB-CONSULTANTS

[The following table is to be completed for the Consultant, each member of a


Partner Initiative, and each sub-consultant recommended by the Consultant]
Name of Consultant: [insert full name]
Date: [insert day, month, year]
Name of Joint Venture Member or Sub-Advisor: [ insert full name]
Request for Proposal Document Number and Title: [Enter RFP number and title]
Page [page number ] / [total number of pages]

CSI and/or CT Statement

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

STANDARD CONTRACT 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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Section 8. Contract Conditions and Contract Forms (Lump Price)

33. Training of Experts ..........................................................................................152


D. Advisor's Experts and Sub-Advisors ................................................................153
34. Key Definition of Experts ................................................................................153
35. Key Changing Experts .....................................................................................153
36. Dismissal of Experts or Sub-Advisors .............................................................153
E. Obligations of the Administration ....................................................................154
37. Support and Exemptions ..................................................................................154
38. Access to Project Area .....................................................................................155
39. Amendment to the Applicable Law on Taxes and Fees ..................................155
40. Services, Facilities and Ownership of the Administration ...............................155
41. Colleague Personnel .........................................................................................155
42. Obligation to Pay .............................................................................................155
F. Payments to the Consultant ...............................................................................156
43. Contract Value .................................................................................................156
44. Taxes and Charges ...........................................................................................156
45. Payment Currency ............................................................................................156
46. Billing and Payment Method ...........................................................................156
47. Interest on Late Payments ................................................................................157
G. Integrity and Goodwill ......................................................................................157
48. Goodwill ..........................................................................................................157
H. Dispute Resolution .............................................................................................157
49. Friendly Dispute Resolution ............................................................................157
50. Dispute Resolution ...........................................................................................158

III. ..............................................................................................Special Contract Conditions


................................................................................................................................................163
IV. ..........................................................................................................................Appendices
................................................................................................................................................173
Appendix A – Terms of Reference .........................................................................173
Appendix B – Key Experts .....................................................................................173
Appendix C – Distribution of Contract Value ......................................................173
Appendix D - Advance Payment Guarantee Form ..............................................177
Appendix E – Code of Conduct (EQ) ....................................................................179
Appendix F – Sexual Exploitation and Abuse (CSI) and/or Sexual Harassment (CT)
Performance Statement for Sub-Consultants
180

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Section 8. Contract Conditions and Contract Forms (Lump Price)

CONSULTANT SERVICES AGREEMENT

Lump sum

Disaster Risk Management Project in Schools

Construction Supervision Consultancy Services Agreement for


Reconstruction Works of Educational Buildings in İzmir Province
____________

Loan No. 8977-GB

Contract No. _ NDRMI-WB_DH-06A

TR MINISTRY OF NATIONAL EDUCATION - GENERAL DIRECTORATE OF


CONSTRUCTION AND REAL ESTATE

And

[Advisor's Name]

between

History:

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Section 8. Contract Conditions and Contract Forms (Lump Price)

I. Contract Form
LUMP SUM

(Text in parentheses should choose [ ]; all notes should be deleted in the final text.)

This AGREEMENT (hereinafter referred to as the "Agreement") is signed between [name of


Administration or Recipient] (hereinafter "Administration") on one side and [name of
Consultant ] (hereinafter "Advisor") on the other side [day] [ month] is made on [year].

[ 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").

FOR THE FOLLOWING REASONS:

(a) Administration requires the Consultant to provide certain consultancy services


defined in this Agreement (hereinafter referred to as "Services");

(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:

1. The following documents shall be considered an integral part of this Agreement.

(a) General Terms of Contract ( including Appendix 1 Fraud and Corruption);


(b) Special Conditions of the Contract
(c) Appendices:
Appendix A: Job Description
Appendix B: Key Experts
Appendix C: Distribution of Contract Value
Appendix D: Advance Payment Guarantee Form
Appendix E: Requirements of Conduct (ES)
Section 8. Contract Conditions and Contract Forms (Lump Price)

Appendix F: Sexual Exploitation and Abuse (CSI) and/or Sexual Harassment


(CT) Performance Statement for Sub-Consultants

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.

IN CONSIDERATION OF THESE MATTERS, the Parties have signed this Agreement


under their own names as of the above-mentioned day and year.

For and on behalf of [Name of Administration]

[Authorized Representative of Administration – name, title and signature]

For and on behalf of [Consultant's name or Joint Venture name]

[Authorized Representative of the Consultant – name and signature]

{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]

[Name of main member]

[Authorized Representative on behalf of the Joint Venture]

[If all members are signing, add a signature block for each]
Section 8. Contract Conditions and Contract Forms (Lump Price)

II. General Contract Conditions


A. GENERAL PROVISIONS
1. Definitions 1.1. Unless the context requires otherwise, the following terms have
the following meanings wherever used in this Agreement:
(a) "Applicable Law" means laws or other documents which are in
force from time to time and have the force of law, enacted in
the country of the Administration or in another country
specified in the Special Contractual Conditions (ÖSK) .
(b) “Bank” means the International Bank for Development and
Reconstruction (IBRD) or the International Development
Association (IDA).
(c) “Borrower” means the Government, State agency or other entity
that has entered into a financing agreement with the Bank.
(d) "Administration" means the implementing agency that has
signed the Contract for the Services with the selected
Consultant.
(e) “Administrative Personnel” refers to the Administration
personnel, workforce and other employees employed to fulfill
the obligations of the Administration within the scope of the
Contract and other personnel specified as Administration
Personnel with a notification sent by the Administration to the
Consultant.
(f) "Consultant" means a legally established professional consulting
firm or an organization selected by the Administration to
provide Services under the Contract.
(g) “Contract” means the legally binding written agreement signed
between the Administration and the Consultant and includes all
the attached documents in paragraph 1 of the Contract Form
(General Conditions (GSK), Special Conditions (ÖSK) and
Annexes)
(h) “Contractor” refers to the person determined as the contractor in
the contract to be audited by the Consultant.
(i) “Contractor Personnel” means the personnel utilized by the
Contractor in the execution of the contract, including the
personnel, workforce and other employees of the Contractor
and each subcontractor, and other personnel assisting the
Contractor in the execution of the contract to be supervised by
the Consultant.
Section 8. Contract Conditions and Contract Forms (Lump Price)

(j) "Day" means the business day unless otherwise stated.


(k) ““ES” means environmental and social (including Sexual
Exploitation and Abuse (SSI) and Sexual Harassment (CT)).
(l) "Effective Date" means the date on which this Agreement enters
into force pursuant to Article 11 of the GSK.
(m) “Experts” means all Key Experts, Non-Key Experts or other
personnel of the Consultant, the Sub-Consultant or Joint
Venture member(s) assigned by the Consultant to perform the
Services or a portion thereof under the Contract.
(n) “Foreign Currency” means all currencies other than the currency
of the Administration's country.
(o) “GSK” means the General Contracting Conditions.
(p) “Government” means the government of the country of the
Administration.
(q) “Joint Venture (JV)”, where a member has the power to carry
out the entire business on behalf of and for the benefit of any or
all of the JV members, and the JV members are jointly and
separately responsible to the Administration for the
performance of the Agreement, with or without a separate legal
personality from its members, means a merger of more than one
business.
(r) “Key Expert(s)” means individual professionals whose skills,
knowledge and experience under the Contract are essential to
the performance of the Services and whose CV has been taken
into account in the technical assessment in the Consultant's
proposal.
(s) “Local Currency refers to the currency of the country of the
Administration.
(t) “Non-Key Expert(s)” means individual professionals who are
assigned by the Consultant or Sub-Consultant to perform the
Services under the Contract or any part of the Services.
(u) “Party” can be used to mean Administration or Consultant, and
the term “Parties” means both parties.
(v) "ÖSK" is used for Special Contract Conditions and GSK can be
amended or supplemented through ÖSK, but existing
information cannot be changed.
(w) “Services” means the works to be performed by the Consultant
Section 8. Contract Conditions and Contract Forms (Lump Price)

pursuant to this Agreement as set forth in Appendix A.


(x) Sexual Exploitation and Abuse” “(CSI)”:
“Sexual Exploitation” means the actual exploitation or attempted
exploitation of a state of vulnerability, differential power or trust
for sexual purposes, including but not limited to financially,
socially and politically benefiting from the sexual exploitation of
another;
“Sexual Abuse” means 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.
(y) “Sexual Harassment” “(CT)” means any unwanted sexual
attempts, sexual solicitations, or other verbal or physical
behavior of a sexual nature by Professionals against other
Professionals or Administration Personnel.
(z) “Site” means the land and other places where the works will be
carried out and/or the facilities will be established and other
lands and places specified in the Contractor's contract as
forming part of the site.
(aa) “Subconsultant” means an entity that is solely responsible for
the performance of this Agreement, but for which the
Consultant intends to subcontract some of the Services.
(bb) “Third Party” means any person or entity other than the
Government, Administration, Consultant or Sub-Advisor.
2. Relationship 2.1. Nothing contained herein shall be construed as establishing a
Between the relationship between the Administration and the Consultant, between
Parties the employer and the officer or the manager and the organization.
The Consultant, subject to this Agreement, is responsible for and is
responsible for all Services provided by or on behalf of the Service
Experts and Sub-Consultants, if any.
3. Law governing the 3.1. The Applicable Law regulates this Agreement, the meaning
contract and explanation of the agreement, and the relationship between the
Parties.
4. Language 4.1. This Agreement is made in the language specified in the ÖSK
, this language is the language to be used in all matters related to the
meaning and explanation of this Agreement and is binding.
5. Titles 5.1. Headings do not limit, alter or affect the meaning of this
Agreement.
6. Notification 6.1. Notifications requested or permitted to be made pursuant to

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Section 8. Contract Conditions and Contract Forms (Lump Price)

this Agreement are made in writing in the language specified in


Article 4 of the GSK. such notices, requests or approvals; It is
assumed that the message is given or carried out when it is personally
transmitted to the authorized representative of the Party to which it is
forwarded or when it is sent to the Party at the address specified in
the ÖSK .

6.2. One of the Parties may change the notification address


specified herein by informing the other Party about the change of
address.
7. Location 7.1. Services are provided at the locations specified in Appendix
A , and where the location of a specific assignment is not specified,
the service is provided in the Government's country of residence or
elsewhere approved by the Administration.

8. Authorization of 8.1. If the Consultant is a Joint Venture, the members authorize


the Responsible the member named in the ÖSK to act on their behalf in order to
Member fulfill all the rights and obligations of the Consultant towards the
Administration, including but not limited to receiving instructions
and payments from the Administration within the scope of this
Agreement.

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.

B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF


CONTRACT
11. Enforcement of 11.1. This Agreement shall enter into force on the date the

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Section 8. Contract Conditions and Contract Forms (Lump Price)

the Contract Administration instructs the Consultant to begin providing the


Services ("Effective Date"). This notification confirms that the
effective conditions (if any) listed in the ÖSK have been fulfilled.
12. Termination of 12.1. If this Agreement does not enter into force in the period after
Contract as a the signing of the agreement specified in the ÖSK, one of the Parties
result of Non- may render this Agreement invalid and void by giving at least
Enforcement twenty-two (22) days' notice to the other Party, and in such a case,
neither party will make a request to the other party regarding what is
written here . cannot be found.
13. Starting Services 13.1. The Consultant confirms the availability of Key Experts and
starts the delivery of the Services within the specified period after
the Effective Date specified in the ÖSK .
14. Contract 14.1. Unless there is an early termination of the Agreement
Expiration pursuant to Article 19 of the GSK, this Agreement will expire at the
end of the period after the Effective Date specified in the ÖSK .
15. Integrity of the 15.1. This Agreement includes all agreements, terms and conditions
Agreement agreed upon by the Parties. No agent or representative of the Parties
is authorized to make any representations or representations,
promises or agreements not specified herein, and the Parties have no
responsibilities or obligations regarding any representations,
representations, promises or agreements not specified herein.
16. Changes or 16.1. Any change or difference to the terms and conditions of this
Differences Agreement, including a change or difference to the scope of the
Services, may only be made by written agreement between the
Parties. However, each Party will give due consideration to the
proposals of the other Party regarding the change or difference.

16.2. In case of many changes and differences, the written consent


of the Bank is required.
17. Force Majeure
a. Definition 17.1. For the purposes of this Agreement, "Force Majeure" shall be
understood as events that occur beyond the reasonable control of
either Party, are unavoidable and unpredictable, make it impossible
for the relevant Party to fulfill its obligations or make it difficult to
the extent that it would be deemed impossible under the current
circumstances, and subject to these requirements, war, insurrection
Civil actions, earthquakes, fires, explosions, storms, floods and
other adverse weather conditions, strikes, lockouts or other
industrial movements, seizures or other such activities of
Government agencies.

17.2. Force majeure (i) events resulting from the negligence or

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Section 8. Contract Conditions and Contract Forms (Lump Price)

willful act of a Party or Party's Experts, Sub-Consultants, agents or


employees, and (ii) that the relevant Party is expected to take into
account with due diligence at the time of signing this Agreement, or
may refrain from fulfilling its obligations under this Agreement; or
It does not cover events that it can handle.

17.3. Force majeure does not cover insufficient funds or the


inability to make payments under this Agreement.

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.

17.7. In accordance with this Agreement, the time period during


which the relevant Party will complete an action or task will be
extended in proportion to the period when the Party in question
cannot perform the action due to Force Majeure.

17.8. During the period when he is unable to perform the Services


due to force majeure, the Consultant will do one of the following
upon instructions from the Administration:
or _
(b) Maintaining the Services to the extent reasonably possible,
in which case the Consultant will continue to receive
payment pursuant to the terms of this Agreement and will
receive reimbursement for additional costs incurred
reasonably and as necessary.
17.9. In case of disagreement between the Parties regarding the
existence or extent of Force Majeure, the issue is resolved in

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accordance with Articles 52 and 53 of the GSK.

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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Experts as required by Article 13 of GSK .


19.1.2. In addition , if the Consultant is involved in a practice
that constitutes Fraud and Corruption while competing for the
Contract or in the performance of the Contract, the
Administration may terminate the Consultant's employment
under the Contract by giving fourteen (14) calendar days'
written notice to the Consultant.
b. By 19.1.3. The Consultant may terminate this Agreement by
Consultant giving a written notice to the Administration at least thirty (30)
calendar days in advance, in case of any situation specified in
paragraphs (a) to (d) of this Article:
(a) If the Administration does not make the non-disputable
payments to the Consultant under this Agreement within
forty-five (45) days after the Consultant notifies the
Consultant of the delay in the relevant payment, within
forty-five (45) days;
(b) 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; and
(c) If the Administration does not comply with the final
arbitration award pursuant to Article 53.1 of the GSK;
(d) This Agreement may be terminated by the Consultant if
the Administration breaches its obligations under this
Agreement and fails to fulfill its obligations within forty-
five (45) days (or a period to be later approved by the
Consultant in writing) after the Consultant's notice of such
breach is received by the Administration. .
C. Termination 19.1.4.After the termination of this Agreement pursuant to
of Rights and Articles 12 and 19 of the GSK or the expiration of this
Obligations Agreement pursuant to Article 14 of the GSK, all the rights and
obligations of the Parties shall be terminated; and the obligation
to cooperate and assist in any inspection or investigation (iv)
any rights that the Party may have under Applicable Law are
excluded.
D. Termination 19.1.5. Upon termination of this Agreement pursuant to GSK
of Services Article 19a and GSK Article 19b by notice by one party to the
other, the Consultant will take the necessary steps to promptly
terminate the Services promptly after such notice is sent or
received, and will use every effort to keep expenses to a
minimum for this purpose . shows. Regarding the documents
prepared by the Consultant and the materials supplied by the

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Administration, the Consultant acts in accordance with GSK


Article 27 or GSK Article 28 respectively.
to. Payment in 19.1.6. Upon termination of this Agreement, the
Case of Administration makes the following payments to the
Termination Consultant:
(a) Services adequately delivered prior to the applicable
termination date; and
(b) In the event of termination pursuant to Clauses 19.1.1 (d) to
(e) of GSK, reimbursement of reasonable costs
associated with prompt and proper termination of this
Agreement, including the costs of returning Experts.

C. OBLIGATIONS OF THE CONSULTANT


20. General
a. Performance 20.1 The Consultant will provide the Services with due diligence,
Standard efficiency and frugality, in accordance with generally accepted
professional standards and practices, demonstrate sound management
practices, and use appropriate technology and safe and effective
equipment, machinery, materials and methods. The Consultant will
always act as a loyal consultant to the Administration, observing this
Agreement or the Services, and will always promote and protect the
legitimate interests of the Administration in dealing with third parties.
20.2. The Consultant employs and supplies such qualified and
experienced Specialists and Sub-Consultants required to perform the
Services.
20.3. The Consultant may sub-contract a portion of the Services with
Key Experts and Sub-Consultants to the extent permitted by the
Administration and as permitted by the Administration . In the
applications to be made by the Consultant for the approval of the
Administration for the inclusion of Sub-consultants whose names are
not mentioned in the contract, the Sub-Consultant's statement in
accordance with the Sub-Consultant's Appendix G- Sexual
Exploitation and Abuse (CSI) / Sexual Harassment (CT) Performance
Statement will also be included. Despite such approval, the
Consultant remains responsible for the Services.
b. Applicable 20.4. The Consultant performs the Services in accordance with the
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.

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20.5. During the implementation of the contract, the Consultant


complies with the prohibitions on the import 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 The Consultant's payment pursuant to GSK F (GSK
Discounts, etc. Articles 46 to 50) covers only payments in connection with this
That the Agreement, and the Consultant, subject to GSK Article 21.1.3,
Consultant in connection with its activities or while performing its
Will Not obligations under this Agreement . may not accept any
Benefit From. 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 the best interest of 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
and 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

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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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Bank's assignees. and to audit these accounts, records and other


documents by the auditors appointed by the Bank, and ensure that its
representatives (declared or not), subcontractors, subconsultants,
service providers, suppliers and personnel do so. The attention of the
consultant and his subcontractors and subconsultants is drawn to
Article 10.1 (Fraud and Corruption) of the GSK; This clause states,
inter alia, that acts that significantly impede the exercise of the
Bank's inspection and audit rights are prohibited practices subject to
contract termination (and the Advisor's non-compliance
determination pursuant to the Bank's general enforcement
procedures).
26. Reporting 26.1 The Consultant shall submit the reports and documents
Obligations specified in Annex A to the Administration in the format, number and
time intervals specified in the Annex.
27. Property Rights of 27.1 Unless otherwise stated in ÖSK ; All kinds of reports and
the Administration related data and information such as maps, graphics, plans, databases,
Regarding Reports other documents and software, supporting records or materials
and Records compiled or prepared during the Services will be confidential and will
remain the sole property of the Administration. Before the expiration
of this Agreement or upon the expiration of the Agreement, the
Consultant shall deliver all the documents in question to the
Administration together with the detailed inventory. The Consultant
retains a copy of the said documents, data and/or software, but cannot
use them for purposes other than the purposes of this Agreement
without the prior written consent of the Administration.
27.2 If it is necessary to make license agreements between the
Consultant and third parties for the purpose of developing plans,
drawings, specifications, designs, database, other documents and
software, and it is appropriate to make these license agreements; The
Consultant receives written pre-approval from the Administration for
such contracts, and the Administration, at its own discretion, is
entitled to demand reimbursement of costs incurred in relation to the
development of the relevant program(s). Other restrictions on future
use of these documents and software, if any, will be specified in the
ÖSK .
28. Equipment, Tools 28.1 The ownership of the equipment, tools and materials that are
and Materials partially or completely purchased with the financial resources
provided by the Administration or made available to the Consultant
by the Administration belong to the Administration and the
equipment, tools and materials in question are marked accordingly.
Upon the termination or expiration of this Agreement, the Consultant
makes the inventory of said equipment, tools and materials available
to the Administration and transfers the said equipment, tools and
materials in line with the Administration's instructions. Unless a
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written instruction is given by the Administration to the contrary;


While such equipment, tools and materials are at the disposal of the
Consultant, the Consultant insures such equipment, tools and
materials for an amount equivalent to their replacement value.
28.2 Any equipment and material brought into the country of the
Administration by the Consultant or the Consultant's Experts for
project or personal use remains the property of the relevant Consultant
or Experts.
29. Health and Safety 29.1. Advisor;
(a) comply with all relevant health and safety regulations and laws;
(b) fulfill all relevant health and safety obligations set out in the
contract;
(c) provide or ensure the delivery of health and safety training for
Professionals as needed and keep records of training;
(d) Provide workplace processes to enable professionals to report
work situations that they consider unsafe or unhealthy and to move
away from work environments where they have reasonable grounds
to believe they present an imminent and serious danger to their life or
health;
(e) Professionals who have moved away from such work
environments will not be required to return to work until the
necessary compensatory measures to remedy the situation have been
taken. Experts will not be retaliated or otherwise subject to adverse
action for such reporting or withdrawal;
(f) establish and implement a system for regular (at least every six
months) review of health and safety performance and the working
environment.
30. Code of Conduct 30.1 The Consultant will have a Code of Conduct for Professionals.
The Consultant will take all necessary measures to ensure that each
Professional learns the Code of Conduct, including specific
prohibited behaviors, and understands the consequences of such
prohibited behavior .
Among these measures; It includes providing instructions and
documents that can be understood by the Expert, and obtaining
signatures confirming receipt of the instructions and/or documents as
per the Expert's interest.
The Consultant will also ensure that the Code of Conduct is visibly
displayed on and off the Site in different places where local people

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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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loading, unloading or transport of heavy loads;


(d) performed in unhealthy environments that expose children to
hazardous substances, factors, processes, temperatures, noise or
vibration that are harmful to health; or
It includes work performed in harsh conditions, such as working long
hours, working night hours, or working in a restricted environment at
employer's premises.
33. Workers' 33.1 In countries where applicable labor legislation recognizes the
Organizations right of workers to form and join workers' organizations and to
negotiate collective bargaining without interference, the Consultant
will comply with these laws. In such cases, the roles of legally
established workers' organizations and legitimate workers'
representatives will be respected, and they will be provided with the
information they need to conduct meaningful negotiations in a timely
manner. Where relevant labor legislation significantly restricts
workers' organisations, the Consultant will provide needed
alternative means for Experts to express their grievances and protect
their rights regarding working and employment conditions. The
consultant will not try to influence or control these alternative means.
The Consultant will not discriminate or retaliate against
Professionals who participate or wish to participate in such
organisations, collective bargaining initiatives or alternative
mechanisms. Workers' organizations are expected to fairly represent
workers in the workforce.
34. Non- 34.1 The Consultant may not make decisions in the employment of
Discrimination and or against Experts on the basis of personal characteristics unrelated
Equal Opportunity to the natural requirements of the job. The Consultant is based on the
principles of equal opportunity and fair treatment in the employment
of Professionals and is based on the principles of hiring and posting,
remuneration (including salary and benefits), working and
employment conditions, access to training, assignment, promotion,
termination or retirement and disciplinary practices . does not
discriminate in terms of any aspect of the employment relationship,
including
Special protection or assistance measures taken to compensate for
past discrimination practices, or a choice made for a particular job
based on the natural requirements of the job, cannot be considered
discrimination. The counselor provides protection and assistance
where necessary to prevent discrimination and ensure equal
opportunities for specific groups such as women, persons with
disabilities, migrant workers and children (children of working age
pursuant to Article 32 of the GSK).

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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.

D. ADVISOR'S EXPERTS AND SUB-ADVISORS


37. Definition of Key 37.1 Title, agreed job description, minimum qualifications The
Experts estimated time each Key Specialist of the Consultant will spend
performing the Services is defined in Appendix B.
38. Changing Key 38.1 No changes will be made to Key Experts unless the
Experts Administration has agreed in writing to the contrary .

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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 immediately replace the
person in question with an equivalent or better qualified person for
the same fee.
39. Dismissal of 39.1 One of the Administration's 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;
(f) Behavior that violates the Code of Conduct for Professionals
In case of determination, the Consultant replaces these persons upon
the written request of the Administration.
39.2 If the Administration determines that any of the Key Experts,
Non-Key Experts or Sub-Consultants are unable to fulfill the
assigned duties or are insufficient in this regard, the Administration
may request the Consultant to replace them by stating the reasons.
39 .3 Dismissed Experts or Sub-Consultants are replaced by
Experts or Sub-Consultants with better qualifications and experience
and are acceptable to the Administration.
39.4 Subject to the requirements of Article 39.3 of the GSK and
without the Administration requiring the Consultant to replace the
Consultant with an Expert, the Consultant will take prompt action in
the event of a breach of any of the clauses (a) to (f) above. Such
immediate action may include the removal (or removal) of a
Specialist who violates any of the provisions in (a) to (f) above from
the Site or elsewhere where the Services are conducted.
39.5 The Consultant bears all costs incurred in the dismissal
and/or replacement of such Experts.

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E. OBLIGATIONS OF THE ADMINISTRATION


40. Support and 40.1 Unless otherwise stated in ÖSK ; The Administration will do
Exemptions its best to achieve the following:
(a) Assisting the Consultant in obtaining work permits and similar
documents necessary to enable the Consultant to perform the
Services.
(b) Providing without delay support to the Consultant in obtaining
all kinds of entry and exit visas, residence permits, foreign
exchange permits and other documents necessary for experts
and, if necessary, suitably qualified dependents to remain in the
country of the Administration while performing the Services
under this Agreement.
(c) Facilitate experts and suitably qualified dependents to obtain
customs clearance without delay for any goods and special
items required for the Services.
(c) Providing the authorities, organizations and Government
representatives with such instructions and information as
necessary and appropriate for the prompt and efficient delivery
of the services.
(d) Providing the authorities, organizations and Government
representatives with such instructions and information as
necessary and appropriate for the prompt and efficient delivery
of the services.
(e) Assist in ensuring that the Consultant and Experts and Sub-
Consultants employed by the Consultant for the Services are
exempted from the requirement to obtain a work permit or
register under applicable law in the Administration's country or
to prove himself in the Administration's country individually or
as a legal entity .
(f) Assisting the Consultant, Sub-Advisors and Specialists of
Consultants and Sub-Consultants, in accordance with the law
applicable in the Administration's country, to bring a reasonable
amount of foreign currency into the Administration's country
for the purpose of performing the Services, or to use the
Experts for personal purposes and obtain withdrawal privileges
in amounts earned in performing the Services.
(g) Providing the consultant with other support specified in the
ÖSK .
41. Access to Project 41.1 The Administration authorizes the Consultant, without

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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.

F. PAYMENTS TO THE CONSULTANT


46. Contract Price 46.1 The contract price is fixed and specified in the ÖSK . The
distribution of the contract value is given in Annex C.

46.2 Changes can be made to the Contract price set out in Article

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43.1 only if the Parties agree on the revised scope of Services


pursuant to Article 16 of the GSK and change the ToR in Appendix
A in writing.

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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have been completed and accepted by the Administration. Unless


the Administration does not give a written notification to the
Consultant within ninety (90) calendar days after the delivery of
the final report to the Administration detailing the deficiencies
regarding the Services and the final report; It is accepted that the
administration has approved the payment of the last lump sum
price installment within ninety (90) calendar days. Thereupon, the
Consultant immediately makes the necessary corrections and
then the above-mentioned process is repeated.
49.2.4 Under this Agreement, all payments are made to the
Consultant's accounts specified in the ÖSK .
49.2.5 Except for the final payment to be made under Article
49.2.3 mentioned above ; payments do not constitute
acceptance of all Services or relieve the Consultant of their
obligations thereunder.
50. Interest on Delayed 50.1 If the Administration does not make the payments within
Services fifteen (15) days after the due date specified in Article 49.2.2 of the
GSK ; The consultant is paid interest at the annual rate specified in
the ÖSK for each day of delay in payment.

G. INTEGRITY AND GOODWILL


51. Goodwill 51.1 The parties act in good faith regarding each other's rights
under this Agreement and take all reasonable measures to achieve
the objectives of this Agreement.

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.

2.4 To observe this policy, the Bank:


a. For the purposes of this provision, it makes the following definitions:
i. “Corruption practice” means offering, giving, receiving or soliciting, directly or
indirectly, anything of value to improperly influence the actions of another
party;
ii. “Forgery app”; means any act or omission that knowingly or recklessly misleads
or attempts to mislead a party, including misrepresentation, in order to obtain a
financial or other advantage or to avoid an obligation;
iii. “fraudulent/falsified application”; means an arrangement between two or more
parties designed to achieve an improper purpose, including improperly
influencing the actions of another party;
iv. “Coercive/forced practice”; means directly or indirectly injure or harm, or
threaten to injure or harm, a party or its property in order to improperly
influence the actions of a party;
v. “Blocker app”:
(a) Intentional destruction, falsification, alteration or concealment of the
investigation's evidence or misrepresentation to the persons conducting the
investigation and/or having knowledge of the investigation-related matters
in order to significantly hinder the Bank's investigation into allegations of
corruption, fraudulent practices, fraudulent practices or oppressive
practices. threaten, harass or intimidate any person into not disclosing any
information they have or discourage following the investigation; or
(b) It means actions aimed at significantly preventing the Bank from
exercising its inspection and audit rights set forth in paragraph 2.2.e
below.
Section 8. Contract Conditions and Contract Forms (Lump Price)

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)

e. other relevant documents of the Bidders / Applicants, consultants, contractors and


suppliers, their subcontractors, subconsultants, service providers, suppliers,
representatives, personnel with the Bank in relation to the procurement process,
selection and/or contract signing 3will require that a provision be included in the
Bidding documents and in the contract financed by the Bank loan, allowing them to
authorize inspections and have them audited by Bank-appointed auditors.

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)

III. Special Contract Conditions


[Notes in parentheses are for guidance only; should be deleted from the final text of the
signed contract.)

Number of Amendments and Additions to the Articles of the General Conditions of


GK Article the Agreement

1.1(a) The contract is interpreted in accordance with the laws of the Republic
of Turkey .

4.1 Language:_ Turkish

6.1 and 6.2 The addresses are as follows:

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

Related: Hacı Mehmet KULOĞLU

Phone :(+90) 312 413 31 32


Fax :(+90) 312 213 83 46

Consultants:
Related:
Telephone:
Fax:

8.1 [Indicate if the consultant consists of only one organization: "Not


applicable";
OR
In case the Consultant is a Joint Venture consisting of more than one
organization, enter: Name of the Joint Venture member whose address is
specified in Article 6.1 of the ÖSK. ]
On behalf of the Joint Venture Pilot Partner ___________
______________________________ [insert: member's name]
Section 8. Contract Conditions and Contract Forms (Lump Price)

9.1 Authorized Representatives:

On behalf of the administration: [name,


title]

On behalf of the consultant: [name,


title]

11.1 The conditions for entry into force are as follows:


The contract will enter into force on the day it is signed by the parties.

12.1 The period shall be 21 calendar days or any other date agreed in writing
between the parties.

13.1 Starting Services:

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.

14.1 Disaster Risk Management Project in Schools Project Design and


Construction Supervision Consultancy Services for the Reconstruction of
Educational Buildings in İzmir Province NDRM1-WB-DH-06 Total
duration of the Work ; Project design and inspection services of
constructions are estimated to be 23 Months, Contractor's Defect Liability
Period of 12 months (Provisional Acceptance and Final Acceptance phases
are calculated as 2 months and included in 23 months), a total of
approximately 35 months from the signing of the contract to the completion
of the contract.

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.

21 b. The Administration reserves the right to determine on a case-by-case basis


whether the Consultant will be disqualified from providing goods, work or
non-consulting services due to a dispute of a nature defined in GSK Article
21.1.3.

Yes X No _____
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23.1 FINANCIAL LIABILITY - PENALTY AND DEDUCTIONS

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.

3. Technical Specifications and related projects and drawings of the tender


dossiers must be ready within the period specified in Article 6 of the Job
Description (ToR). A daily fine of 1,000,00 TL (Thousand Lira) will be
charged for each printout that is not completed within this period.

The Consultant is obliged to immediately perform all correction, improvement and


completion services deemed necessary by the Administration due to defects and
deficiencies in all kinds of accounts, projects, drawings, reports and documents.

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;

Third Party Liability Insurance with a minimum coverage of 500,000 TL (Five


Hundred Thousand);

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;

Insurance for loss or damage of (i) all consulting service-related equipment


purchased, in whole or in part, with funds under this Agreement, (ii) equipment
and instruments used by the Consultants to perform the Services, and (iii)
documents prepared by the Consultants in return for the performance of the
Services.

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.

27.1 There Are No Additional Provisions Regarding Property Rights .

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:

The Consultant cannot use the documents and drawings produced/prepared


within the scope of this Agreement for purposes other than the purposes of this
Agreement without the prior written approval of the Administration .

40.1 Delete clauses (c), (e) and (f)


(a) to (f)

46.1 The ceiling amount in foreign currency or units: ____________________


(excluding VAT)

Local currency ceiling: ___________________ (VAT excluded)

All kinds of indirect local taxes, including VAT, arising from this Agreement

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for the Services to be provided by the Consultant, shall be paid by the


Administration to the Consultant.

Amount of such taxes ____________________ [In Financial Proposal Form


FIN-2B, enter the amount finalized during Contract negotiations based on
Consultant's estimates.]

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.

The Consultant has to cover all local taxes excluding VAT.

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.

The Consultant is liable to pay the following Stamp Duty.


1. Signing of the Contract – The Consultant will pay stamp duty for the signature of
the contract at the rate stipulated by the laws and regulations at the stage of signing
the contract.
2. Payments will be made by deducting stamp duty for each payment made to the
consultant.

49.2 Payment plan:


a) Lump-Based Activities
Payments under the Lump-Based Contract (fixed Lump-based Contract amount
including all recoverable expenses, remuneration amounts and related expenses) will
be made according to the schedule below.

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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Section 8. Contract Conditions and Contract Forms (Lump Price)

(number of schools whose implementation projects have been delivered /


total number of schools).

c. Thirty percent (30%) of the lump-sum contract amount (number of schools


delivered / total number of schools) will be paid after the approval of the
Tender Documents by the Administration.

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.

Progress Payments will be presented in 4 (Four) hard copies and one CD .

(b) Lump-Based Activities: (times will be as stated below)


Payment shall be made within sixty (60) days after receipt/approval of the invoice
and the relevant documents specified in Article 49.2 (a) above, and within ninety
(90) days in case of final progress payment. If the required documents are complete,
the employer will make the progress payments without waiting for the expiry of
these periods.

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:

foreign currency [enter account].


local currency [enter account].

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.

1. Judges' Choice. Each dispute brought to arbitration by a Party shall be heard


by a sole arbitrator or a panel of three (3) arbitrators in accordance with the
provisions below.

(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.

6. 2. Rules of Procedure Unless otherwise stated in this article; Arbitration


proceedings shall be conducted in accordance with the arbitration procedure
rules of the United Nations Commission on International Commercial Law
(UNCITRAL) as in force at the date of this Agreement.

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.

4. Nationality and Qualifications of Arbitrators. The Sole Arbitrator or third


arbitrator appointed pursuant to paragraphs 1(a) to 1(c) is an internationally
recognized legal or technical expert with extensive experience in the matter in
question, and the nationality of the arbitrator is the home country of the
Consultant [ Note : add: or the home country of its members or of any of the
Parties ] or the country of the Government. For the purposes of this Article,
"home country" means:

(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.

7. 5. Miscellaneous Provisions In any arbitration proceeding under the provisions of


this article:
6.
(d) Unless the parties agree otherwise, the proceedings are conducted in
[Select a country other than Administration and Consultant's] ;

(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.

8. Disputes in Contracts with Domestic Consultants will be resolved in Ankara courts


in accordance with Turkish Laws.

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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]

………………………………………………………………………………………………

APPENDIX B - KEY EXPERTS

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

………………………………………………………………………….

APPENDIX C – DISTRIBUTION OF CONTRACT VALUE

[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.]

In case the Consultant is selected under the Qualification-Based Selection of Consultants


method, add the following sentence:

"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.

If it is determined by the Administration (through inspections or audits in accordance


with Article 25.2 of the GSK or otherwise) that such statements are manifestly
incomplete or inaccurate ; The Administration has the authority to make appropriate
changes to the rates of remuneration affected by such manifestly incomplete or
Chapter 9. Tender Decision Notification of Intent and Right to Use Forms

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:

(given as [insert currency])*

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

Name and Title:

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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]

{Guarantor letterhead or SWIFT identification code}

Bank Guarantee for Advance Payment

Guarantor: ___________________ [add: Commercial Bank Name and Branch or Address


of Office from which the Guarantee was obtained]

Beneficiary: _________________ [add: Name and Address of Administration]

Date: ____________ [insert: date] ____

GUARANTEE OF ADVANCE PAYMENT No.: ___________ [add: number] ______

____________ [name of the Consultant or Joint Venture as specified in the signed


Agreement] (hereinafter referred to as the “Consultant”), ______ [short description of the
Services ] (hereinafter “Agreement”) with the Beneficiary for the provision of ___ [ insert:
date]_________ , [contract reference number] We have been informed that it has concluded
the Contract numbered _____________ .

[add: amount in figures] against a security of advance payment ( ) [add:


amount in text], we understand that an advance payment must be made.

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

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.}
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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Section 8. Contract Conditions and Contract Forms (Lump Price) 237

APPENDİX E – CODE OF CONDUCT (EQ)

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Bölüm 8. Sözleşme Koşulları ve Sözleşme Formları (Götürü Bedel) 238

APPENDİX F – SEXUAL EXPLOİTATİON AND ABUSE (CSI)


AND/OR SEXUAL HARASSMENT (CT) PERFORMANCE
STATEMENT FOR SUB-CONSULTANTS
[The following table is to be completed for the Consultant, each member of a
Partner Initiative, and each sub-consultant recommended by the Consultant]
Name of Consultant: [insert full name]
Date: [insert day, month, year]
Name of Joint Venture Member or Sub-Advisor: [ insert full name]
Request for Proposal Document Number and Title: [Enter RFP number and title]
Page [page number ] / [total number of pages]

CSI and/or CT Statement

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.]

238| P a g e
Section 8. Contract Conditions and Contract Forms (Lump Price) 239

PART III

Chapter 9. Tender Decision Notification of Intent and Right to


Use Forms

239| P a g e
Bölüm 8. Sözleşme Koşulları ve Sözleşme Formları (Götürü Bedel) 240

Tender Decision Notice of Intent

[ 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].

To the attention of the authorized representative of the consultant,


Name: [insert name of authorized representative]
Address: [insert the address of the authorized representative]
Phone / Fax numbers: [ enter the phone / fax numbers of the authorized representative ]
Email Address: [enter the authorized representative's email address]

[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 ].

Tender Decision Notice of Intent


Administration: [Enter administration name]
Contract Title : [insert contract name]
Country: [Enter the country where the Request for Quotation Document was published]
Loan No / Loan No. /Grant No.: [insert loan/loan/grant reference number]
Quotation Request Document No.: [Enter the Bid Request Document reference number in
the Procurement Plan]

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

b) You can file a Tender Complaint in relation to a Tender decision.

1. Successful Consultant

First Name: [ Enter the name of the Successful Advisor ]

Address: [ Enter the address of the Successful Advisor ]

Contract Price: [ Enter the contract price of the 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.]

Financial Offer Evaluated Composite


Consultant Has he made an Use for DTT ] Use for BTT ] Financial score and
Price ( if relevant
Name offer? Total technical Points Total technical Points Offer Price ranking (if
) (if relevant) relevant)
Criterion (i): [ enter score ] Criterion (i): [ enter score ] Compound
[ enter name ] [ yes/no ] [ Bid Price ] [ Evaluated Score :
Criterion (ii): [ enter score ] Criterion (ii): [ enter score ]
price ] [ composite score
Criterion (iii): [ enter score ] Sub Criterion a: [ enter
Sub Criterion a: score ] ]
1: [ enter score ] Sub Criterion b: [ enter Ranking :
2: [ enter score ] score ] [ sort ]
3: [ enter score ] Sub Criterion c: [ enter score
]
Sub-Criteria b:
1: [ enter score ] Total score: [ enter score ]
2: [ enter score ]
3: [ enter score ]
Sub-Criteria c:
1: [ enter score ]
2: [ enter score ]
3: [ enter score ]
Criterion (iv): [ enter score ]
Criterion (v): [ enter score ]
Total Score: [ enter score ]
Criterion (i): [ enter score ] Criterion (i): [ enter score ] Compound
[ enter name ] [ yes/no ] [ Bid Price ] [ Evaluated Score :
Criterion (ii): [ enter score ] Criterion (ii): [ enter score ]
price ] [ composite score
Criterion (iii): [ enter score ] Sub Criterion a: [ enter
Sub Criterion a: score ] ]
1: [ enter score ] Sub Criterion b: [ enter Ranking :

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Bölüm 8. Sözleşme Koşulları ve Sözleşme Formları (Götürü Bedel) 242

Financial Offer Evaluated Composite


Consultant Has he made an Use for DTT ] Use for BTT ] Financial score and
Price ( if relevant
Name offer? Total technical Points Total technical Points Offer Price ranking (if
) (if relevant) relevant)
2: [ enter score ] score ] [ sort ]
3: [ enter score ] Sub Criterion c: [ enter score
Sub-Criteria b: ]
1: [ enter score ] Total Score : [ enter score ]
2: [ enter score ]
3: [ enter score ]
Sub-Criteria c:
1: [ enter score ]
2: [ enter score ]
3: [ enter score ]
Criterion (iv): [ enter score ]
Criterion (v): [ enter score ]
Total Score: [ enter score ]
Criterion (i): [ enter score ] Criterion (i): [ enter score ] Compound
[ enter name ] [ yes/no ] [ Bid Price ] [ Evaluated Score :
Criterion (ii): [ enter score ] Criterion (ii): [ enter score ]
price ] [ composite score
Criterion (iii): [ enter score ] Sub Criterion a: [ enter
Sub Criterion a: score ] ]
1: [ enter score ] Sub Criterion b: [ enter Ranking :
2: [ enter score ] score ] [ sort ]
3: [ enter score ] Sub Criterion c: [ enter score
]
Sub-Criteria b:
1: [ enter score ] Total Score: [ enter score ]
2: [ enter score ]
3: [ enter score ]
Sub-Criteria c:
1: [ enter score ]
2: [ enter score ]
3: [ enter score ]

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Chapter 9. Tender Decision Notification of Intent and Right to Use Forms 243

Financial Offer Evaluated Composite


Consultant Has he made an Use for DTT ] Use for BTT ] Financial score and
Price ( if relevant
Name offer? Total technical Points Total technical Points Offer Price ranking (if
) (if relevant) relevant)
Criterion (iv): [ enter score ]
Criterion (v): [ enter score ]
Total Score: [ enter score ]

[ enter name ] …

… …

243| P a g e
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.

5. How can a complaint be filed?

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.

[ insert name of administration ]:


Chapter 9. Tender Decision Notification of Intent and Right to Use Forms 247

Signature : ______________________________________________

Name: ______________________________________________

Title/Post: ______________________________________________

Phone: ______________________________________________

Email: ______________________________________________

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Chapter 9. Tender Decision Notification of Intent and Right to Use Forms

Right to Benefit Disclosure Form

DANIŞMANLARA TALİMATLAR: FORM DOLDURULDUKTAN SONRA BU KUTU


SİLİNECEKTİR

İşbu Yararlanma Hakkı Açıklama Formu (“Form”) başarılı Danışman tarafından


doldurulacaktır. Ortak Girişim durumunda Danışman tarafından her bir üye için ayrı bir
form sunulacaktır. Bu Formda sunulan Yararlanma hakkı bilgileri teslim tarihi itibariyle
güncel olmalıdır .

Bu Form amaçları uyarınca Danışmanın yararlanma hakkı sahibi Danışmanın sahibi ve


kontrol eden konumundaki gerçek kişidir. Bu bağlamda gerçek kişinin aşağıdaki
koşullardan birini veya birkaçını karşılaması gerekmektedir:

 Hisselerin doğrudan veya dolaylı %25’ine veya fazlasına sahip olmak


 Oy imtiyazlı hisselerin %25’ine veya fazlasına sahip olmak
 Doğrudan veya dolaylı Yönetim Kurulunu veya Danışmanın eşdeğer yönetim
organını salt çoğunlukla atama yetkisine sahip olmak.

Offer Request Document No.: [ enter cookie information. ]


Job Name: [insert job name]

Attention: [ Full name of administration ]

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]

(i) The right to benefit information is as follows.

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

[insert full name ,


surname, nationality
and country of
residence]

OR

(ii) We declare that there are no Beneficiaries who meet one or more of the following
conditions:

 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.

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
]_____

Signature Date [ insert signature date ]: [ day ] [ month ], [ year ]_____


*
If the proposal is submitted by a Joint Venture, the Consultant's name will be the Joint Venture name. Where
the Bidder is a Joint Venture, each “Advisor” on this Entitlement Disclosure Form (including this Introduction)
refers to a member of the Joint Venture.
**
The person signing the proposal must have a power of attorney issued by the Consultant. The relevant power of
attorney must be attached to the Bid Schedules.

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Chapter 9. Tender Decision Notification of Intent and Right to Use Forms

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