Please be aware that translated document below is not legally binding and only may be used for information purposes. Therefore, Istanbul Metropolitan Municipality takes no responsibility for the use of any content of this document. ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 1/15 FINAL PROJECT SERVICES WORK TO BE TAKEN AS BASIS FOR IMPLEMENTATION OFDUDULLU–BOSTANCI AND UMRANIYE-ATASEHIR-GOZTEPE RAILWAY SYSTEM LINES PREQUALIFICATION SPECIFICATIONS TO BE USED FOR PROCUREMENT OF CONSULTANCY SERVICE I – MATTERS CONCERNING THE SUBJECT OF THE TENDER Article 1- Information About the Contracting Entity 1.1. Contracting Entity’s; a) Name: ISTANBUL METROPOLITAN MUNICIPALITY, Directorate of Studies and Projects, Department of Infrastructures b) Address: Istanbul Metropolitan Municipality, Directorate of Tender Affairs, Additional Service Building, M.Nezihi Ozmen Mahallesi Keresteciler Sitesi, Kasim Sk. No: 77, 4th Floor, 34169 Merter Gungoren/ISTANBUL c) Phone Number: 0 (212) 449 99 02 ç) Fax Number: 0 (212 ) 449 51 97 d) E-mail: altyapiprojeler@ibb.gov.tr e) Name- Surname/ Title of the Contact Person: Asst. Director Fahrettin ONER (Technical Issues) Nilgun ERTURK (Other Issues) 1.2. The applicants may get information about the prequalification by contacting the contact persons from the addresses and numbers given above. Article 2- Information about the consultancy service subjecting to tender Consultancy service which constitutes the subject matter of the procurement: a) Name: Final Project Services Work To Be Taken As Basis For Implementation of Dudullu–Bostanci and Umraniye-Atasehir-Goztepe Railway System Lines b) Code, if any: Y201201057H43015 c) Quantity and type: The quantity and type of the service is explained at the annex of the administrative specification. Final project services to be taken as basis for implementation for a total of 22.4 km. of metro line (DudulluBostanci Railway System Line: 12.9 km, Umraniye-Atasehir-Goztepe Railway System Line: 9.5 km) ç) Place of performance: Istanbul in general d) Any other information (if any): This item is left blank. Article 3Information related to the tender and prequalification evaluation 3.1. a) Procurement register number: 2012/168698 b) Procurement procedure: Tender among the specified tenderers c) Address for submission of the prequalification application: Istanbul Metropolitan Municipality, Directorate of Tender Affairs, M.Nezihi Ozmen Mh. Keresteciler Sitesi, Kasim Sk. No:62 Merter/ISTANBUL c) Address where the prequalification evaluation shall be made: Istanbul Metropolitan Municipality, Directorate of Tender Affairs, M.Nezihi Ozmen Mh. Keresteciler Sitesi, Kasim Sk. No:62 Merter/ISTANBUL d) Date of the prequalification evaluation (deadline for application): 09.01.2013 e) Time of the prequalification evaluation (deadline for application): 10:00 f) Place of meeting of the tender commission: Istanbul Metropolitan Municipality, Directorate of Tender Affairs, M.Nezihi Ozmen Mh. Keresteciler Sitesi, Kasim Sk. No:62 Merter/ISTANBUL 3.2. The prequalification applications may either be submitted at the place indicated above up until the deadline date and time of the prequalification evaluation (last application) deadline or they can be sent by registered mail. Prequalification applications not received by the Contracting Entity before the deadline date/time for application, shall not be evaluated. 3.3. The prequalification applications cannot be withdrawn for any reason except the issuing of an addendum. ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 2/15 3.4. In the case that the date determined for the prequalification evaluation coincides with a holiday, it shall be held at the same place and time on the first working day following the holiday and prequalification evaluation which have been submitted up until this time shall be accepted. 3.5. Even if there is a change in working hours after the notice, the prequalification evaluation shall be held at the time mentioned above. 3.6. The national time provided by Turkish Radio and Television Authority (TRT) shall be taken as the basis with respect to the time. Article 4- Viewing and obtaining prequalification and tender documents 4.1. Prequalification and tender document can be examined at the address given below and through EKAP, free of charge. However, those who shall apply for a prequalification should purchase the prequalification documents approved by the Contracting Entity or download it via e- signature. a) Place where the prequalification and tender document can be examined: Istanbul Metropolitan Municipality, Directorate of Studies and Projects, Department of Infrastructures. M. Nezihi Ozmen Mah. Keresteciler Sitesi, Kasim Sok. No: 77, 4th Floor, 34169 Merter/ISTANBUL b) Location for examining the prequalification and tender document: https://ekap.kik.gov.tr/EKAP/ c) Location where the prequalification documents can be purchased: Istanbul Metropolitan Municipality, Directorate of Studies and Projects, Department of Infrastructures. M. Nezihi Ozmen Mah. Keresteciler Sitesi, Kasim Sok. No: 77, 4th Floor, 34169 Merter/ISTANBUL ç) Price of the prequalification document (if any, tax is included): 150 TRY (Turkish Liras) e) This item has been left blank. 4.2. The bidder who wants to purchase the prequalification document shall check the conformity of all the documents constituting the prequalification documents with their respective originals and their completeness. After this inspection, two copies of a memorandum which indicates that the bidder has received all of the prequalification documents in line with the originals are signed. One copy of the signed memorandum is handed over to the bidder. 4.3. This item has been left blank. 4.4. If the all or part of the papers comprising the prequalification and/or tender document are issued and sold to the applicants in other languages besides Turkish, the Turkish text shall be taken as basis in understanding and interpretation of the tender documents as well as the disputes that may arise between the contracting entity and bidders. 4.5. The tender document shall be sent to candidates who are short listed as a result of the prequalification evaluation, together with an invitation letter specifying the date and time of the tender. Article 5- Scope of prequalification document 5.1. The prequalification documentation is comprised of the following documents: a) Prequalification specifications b) Standard forms: Standard Form-KIK014.0/D: Application Letter for Prequalification\nStandard Form-KIK025.0/D: JointVenture Declaration, Standard Form-KIK030.0/D: Bank Reference Letter, Standard Form-KIK031.1/D: Work Experience Certificate (Contractor – Work Completion), Standard Form-KIK031.2/D: Work Experience Certificate (Contractor – Work Status for the Consultancy Services Related to Construction), Standard Form – KIK031.3/D: Work Experience Certificate (for Consultancy Services Related to Construction, Work Supervision – Acceptance of which have been carried out), Standard Form – KIK031.4/D: Work Experience Certificate (for Consultancy Services Related to Construction, Work Management – Acceptance of which have been carried out), Standard Form – KIK031.5/D: Work Experience Certificate (Subcontractor – Work Completion), Standard Form-KİK031.6/D: Work Experience Certificate (Work Supervision – In the Consultancy Services Related to Continuing and Increasing Construction Works), Standard Form – KİK031.7/D: Work Experience Certificate (Work Management – In the Consultancy Services Related to Continuing and Increasing Construction Works), Standard Form – KİK031.8/D: Work Experience Certificate (Work Inspection – Work Completion), Standard FormKİK031.6/D: Work Experience Certificate (Work Management – In the Consultancy Services Related to Continuing and Increasing Construction Works), Standard Form – KİK032.0/D: Resume Form\n, Standard Form-KİK033.0/D: General Service Experience, Standard Form-KİK034.1/D: Similar Works Completed in the Consultancy Services Related to Construction in the Last 15 Years, Standard Form-KİK034.2/D: Similar Consultancy Services Works Managed with a Minimum Contract Rate of 80% Related to Construction in the Last 15 Years, Standard Form-KİK034.3/D: Similar Consultancy Services Works Supervised with a Minimum Contract Rate of 80% Related to Construction in the Last 15 Years, Standard Form-KİK035.0/D: ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 3/15 Key Personnel Information Summary Table, Standard Form-KİK035.1/D: Summary Table for Information on Technical Personnel, Standard Form-KIK040.1/D: Shareholding Status Certificate, Standard FormKİK040.2/D: Shareholding Status Certificate, Standard Form-KİK030.1/D: Table of Balance Sheet Details 5.2. In addition, addenda to be published by the Contracting entity as well as the written clarifications to be made by the Contracting entity upon the written request of the applicants shall be an integral binding part of the prequalification documents in accordance with the relevant provisions of this Specification hereby. 5.3. The applicant shall be liable to carefully review the content of all prequalification documents listed above. The candidate shall have the responsibility arising from failure to meet the conditions for application for prequalification. The applications that are not in compliance with the procedure stipulated and described in the prequalification document shall not be taken into consideration. Article 6- Notification/official communication principles 6.1. Notification/Official communication is made by the registered and prepaid mail or by the hand against signature. However, notification can be made through electronic mail or fax by the Contracting Entity provided that electronic mail address and/or fax number are specified in the document indicating that the prequalification documents are purchased or downloaded through EKAP using an electronic signature and/or in the letter for application and it is undertaken to accept the notification to be made to this address or fax number. 6.2. In official communication made through registered and prepaid mail, 7th day following date on which the letter has been given to the post office and 19th day for foreign bidders are considered notification date. If the notification arrives at the addressee before above-stipulated date and then actual notification date is accepted as basis. 6.3. If a notification is sent via e-mail or fax, the date on which the notification is sent shall be the notification date. In this case, the contracting entity must make sure that the bidder has received the notification. Otherwise the notification shall be null and void. The notification delivered via registered mail is enough for the notification to be considered as valid. The notifications sent via e-mail or fax are separately documented to include the notification date and scope. 6.4. The official e-mail address of the contracting entity shall be used if a notification is sent via e-mail. 6.5. Notifications and notices to be made by Contracting Entity to joint ventures are sent to main partner / coordinator in accordance with the rules above mentioned. 6.6. Potential applicants and applicants cannot use e-mail or fax in their correspondence with the contracting entity. However, provided that selling the prequalification document via mail or courier service is stipulated in Article 4.3 of this Specification, the demands for purchasing the tender document by mail can be made via fax. II – MATTERS REGARDING PREQUALIFICATION APPLICATION Article 7 – Documents required for prequalification application 7.1. In order that their general eligibility may be determined, the candidates are required to submit the following documents within the scope of their prequalification application: a) Letter of application, the form and content of which is specified in the specification herein. b) The certificates of the Chamber of Commerce and / or Industry or Professional Chamber they are registered in as per legislation, 1) If the bidder is a physical person, the certificate indicating registration to the Chamber of Commerce and/or Industry or the related Chamber of Profession, as the case may be, as obtained within the year that contains the date of last bidding deadline or date of procurement 2) In the event that the bidder is a legal person, the certificate received from the registered Chamber of Commerce and/or Industry within the year when the first announcement date, tender date or last bidding deadline with regard to the procurement is made and indicating the registration of the legal person, b) Signature statement or signature circular indicating the authority of the bidder to submit prequalification competency application; 1) In the case of a real person, notary approved signature declaration. 2) The original or a notarized copy of the Trade Registry Gazette indicating the most recent state of the shares and the duties of the shareholders in the company and an Notarized Signature Circular in the case of a legal person. If the above mentioned information is not present in one Trade Registry Gazette, all of the Trade Registry Gazettes or documents including the above mentioned information. The original or a notarized copy of the Trade Registry Gazette indicating the most recent state of the shares and the duties of the shareholders in the company and an Notarized Signature Circular in the case of a legal person. If the above mentioned information is not present in one ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 4/15 Trade Registry Gazette, all of the Trade Registry Gazettes or documents including the above mentioned information, ç) Documents pertaining to general service experience If included in the documents specified in Article 7.2.a of this specification. 1) In case of a physical person, the certificate indicating the date of registration to the trade registry, or to the relevant chamber of profession; as obtained from the relevant chamber of profession or chamber of commerce and/or industry. 2) In the case of a real person, the certificate indicating the date of registration to the trade registry, as obtained from the relevant chamber of commerce and/or industry. d) Qualification Certificates specified in Articles 8.1 and 8.2 of this Specification, and form and content of which are stipulated in Regulation on Implementation of Consultancy Service Procurements; e) If the bidder is represented by attorney in the prequalification, the notarized power of attorney indicating that the person participating on behalf of bidder is authorized to participate in the prequalification and the notarized signature statement of the proxy are required. f) If the applicant is joint-venture, a joint-venture certificate in compliance with the Standard form described in the attachment of this Specification; g) If the document submitted by the legal person to show his work experience belongs to his partner who has more than half of the shares, a certificate which complies with the standard form and which is prepared by the trade and industry chamber/chamber of commerce in the trade registry offices within the certified public accountant or public accountant and protected after the announcement date or call for invitation date and date of issue for the last one year without interruption, ğ) This item is left blank. 7.2. If the application for prequalification is made as a business partnership, 7.2.1. It is obligatory for each partner of joint venture to submit the documents included in sub-clauses (b) and (c) of Article 7.1 separately. If the certificate submitted to show work experience and submitted by the legal person partner of the joint venture is owned by the shareholder of the said legal person holding by more than half of the shares, this partner has also to submit the document in item (g). 7.3. If the application for prequalification is made as a consortium, 7.3.1. This item is left blank since consortiums are not permitted to apply for prequalification. Article 8 – Prequalification criteria and related documents 8.1. The documents regarding the financial capacity and the criteria that these documents have to meet: 8.1.1. The candidate is obliged to submit a bank reference letter indicating the bidder has unused cash or non-cash credits which is no less than € 1000000 (Euro); or bank deposits without any limitation in the banks. The bank reference letter has to be issued after the first announcement or invitation date. The criteria above can also be met by gathering the bank deposit and credit amount or submitting more than one bank reference letter. This qualification criteria shall be met by one or several or all of the partners in joint-venture regardless of the percentages of shares. In the case of consortiums, such documents have to be submitted so that the qualification criterion is met in respect of the relevant scope of each partner. 8.1.2. The applicant shall submit the end-of-year balance sheet for the year prior to the year of procurement or equivalent documents. a) The applicants that are obliged to publish the balance sheet as per the relevant legislation shall submit the endof-year balance sheet or the sections of the balance sheet indicating that it meets the required criteria; b) The applicants that are not obliged to publish the balance sheet as per the relevant legislation shall submit the end-of-year balance sheet or the sections of the balance sheet indicating that it meets the required criteria or the certificate issued according to the standard form by the sworn financial consultant or public accountant- financial consultant to demonstrate that these criteria are met (Standard Form: KİK030.1/D) sunmaları gerekmektedir. In the balance sheets or equivalent certificates submitted; a) The current ratio (current assets / short term liabilities) showing that the bidder has the necessary liquidity to be able to provide flow of cash at certain periods and that the bidder has the power of covering debts in short time (one year) must be minimum 0.75 (while calculating, the contract progress costs will be deducted from the current assets, and the contract progress incomes will be deducted from the short term debts); b) The shareholders’ equity ratio (shareholders’ equity/ total assets) showing the extent of shareholders’ equity in the assets must be minimum 0.15 (while calculating, contract progress costs will be deducted from the total assets); c) The ratio of short term bank liabilities to the shareholders’ equity must be less than 0.50 ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 5/15 and all these three criteria must be met altogether. It is obligatory to show the contract progress costs and contract progress incomes, if any, in the balance sheets submitted. The bidders that cannot fulfill the criteria mentioned above in the previous year may submit the documents of the last two years. In this case, it shall be taken into consideration whether the qualification criteria is fulfilled over the average of the monetary amount of the last two years. The bidders who can not submit previous year’s document may submit two-year former documents for the procurements with the date of procurement or deadline date for application within the first four months of the year. Those that cannot meet the qualification criteria in these documents may submit the documents for the preceding two years and the documents for the preceding three years. In this case, the contracting entity shall assess the qualification with the average of the monetary value of the years for which the certificates are submitted. The balance sheets or the parts of the balance sheets that indicate that the above-mentioned criteria are met must be issued pursuant to the relevant legislation and approved by the certified financial consultant or independent accountant & financial consultant or the tax office. The balance sheets or the parts of the balance sheets that indicate that the above-mentioned criteria are met and issued in a foreign country must be issued pursuant to the relevant legislation of the respective country and approved by the competent authorities that are authorized to issue such documents. If the balance sheets or sections thereof that are issued abroad and that are not obliged to be published are not submitted, the fact that the criteria indicated hereinabove are met may be evidenced with the certificate approved by the competent authority that is authorized to issue such certificates as per the legislation of the respective country. According to the values shown in the summary of free-employment profit book issued and approved in accordance with the relevant legislation, which is to be submitted by the free-employed persons, the ratio of total income of the last year to the total expense or rate to be found over the average of monetary amounts of incomes and expenses for the last year has to be minimum (1.25). Free-employment profit book summary has to be approved by the financial consultant or public accountant- financial consultant or tax office. If the applicant is a joint venture, each of the partners has to submit the requested certificates separately and meet the criteria indicated above. 8.1.3. Applicant’s; a) the income statement showing the total turnover of the bidder for the last year before the procurement year; b) The invoices indicating the monetary value of ongoing consultancy service works or completed consultancy service works under the contract and issued in the year before the tender year; The applicant shall submit one of the documents indicated in the first paragraph. In calculation of the monetary value of the realized part of the works continuing under the contract or the completed goods sales, the aggregate of incomes from the works in the country and abroad shall be taken into account. Total financial turnover shall be no less than € 3500000 (Euro), and the monetary value of the realized part of the works continuing under the contract or the completed works shall be no less than € 2000000 (Euro). The bidder that complies with either of these criteria and that submits the document evidencing such compliance shall be satisfactory. In case the criteria mentioned hereinabove is not fulfilled in the previous year, the documents of the last two years may also be submitted. In this case, it shall be taken into consideration whether the qualification criteria is fulfilled over the average of the monetary amount of the last two years. The bidders who can not submit previous year’s income statement may submit two-year former documents for the procurements within the first four months of the year (announcement date or due date is taken basis). If this income statement cannot meet the qualification criteria, the income statements for the preceding two-years and for the preceding three-years may be submitted. In this situation, the contracting entity shall assess the qualification with the average of the monetary value of the income statements submitted for each year. It is mandatory that the income statement be legalized by the sworn financial consultant or public accountant & financial consultant or the tax office. The income statement prepared in a foreign country must be issued as per the respective legislation of the country and legalized by the entities authorized to issue this document. Each partner of the bidders participating in the tender as a joint venture has to comply with the criteria pertaining to the business volume in proportion with their share in the joint venture. In respect of applicants and tenderers that participate in the procurement in a consortium, the criteria regarding the business volume must be met by each partner for its own portion. 8.2. The documents regarding the technical capacity and the criteria that these documents have to meet: ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 6/15 8.2.1. The applicant has to submit, in relation to the work hereunder or similar works proposed within the scope of a single contract containing a price for public or private sector in the country or abroad; a) certificates indicating work experience regarding consultancy service for the construction for which the acceptance procedures have been completed within the last fifteen years retrospectively from the date of first announcement or invitation date for procurement, b) certificates indicating work experience regarding supervised or managed consultancy services amounting at least 80% of the initial contract amount, for the construction for which the acceptance procedures have been completed, within the last fifteen years retrospectively from the date of first announcement or invitation date for procurement, c) For consultancy services regarding the ongoing construction; provided that the initial contract value is completed perfectly and that the realization percentage within the last fifteen years retrospectively amounts up to at least 80% of the total contract value; certificates indicating work experience regarding perfectly realized or supervised or managed works, amounting at least 80% of the initial contract amount; or, d) As for the works that are assigned, it is mandatory to submit the certificates indicating work experience regarding the consultancy services for the construction for which the acceptance procedures have been completed within the last five years retrospectively from the date of first announcement or invitation date, provided that minimum 80% of the initial contract value is completed before or after the assignment. The candidate shall submit the documents indicating his work experience pertaining to a single contract for the work subject to the tender, or any similar works, provided that they are no less than € 3500000 (Euro). The pilot partner in the joint venture has to meet minimum 70% of the amount of work experience required, and each of the other partners has to meet minimum 10% of the amount of work experience required. However, the total amount of work experience of other partner or partners cannot be less than 30% of the amount of work experience required. In consortium, each partner has to meet the amount of work experience required for its own portion. 8.2.2. List of Key Technical Personnel; Position Qua ntity Civil Engineer (Experienced in Surveys and Project Engineering Services for Rail Mass Transport Systems) 1 Minimum General Experience (Years) 8 Minimum Experience in Similar Work (Years) 4 Architect (Experienced in Surveys and Project Engineering Services for Rail Mass Transport Systems) 1 8 4 Mechanical Engineer (Experienced in Surveys and Project Engineering Services for Rail Mass Transport Systems) 1 8 4 Electric or Electronic Engineer (Experienced in Surveys and Project Engineering Services for Rail Mass Transport Systems) 1 8 4 The candidate must submit diplomas or certificate of graduation evidencing the training of the technical personnel; certificate of member registration to the related chamber of profession and/or service schedule indicating total duration of experience; curriculum vitae indicating their professional experience in the work subject to the tender, or in similar works. The key technical personnel’s total duration of experience gained in the private sector shall be evidenced by the certificate of registration to the related chamber of profession; total duration of experience gained in the public sector shall be evidenced by the service schedule and/or certificate of member registration to the related chamber of profession; service experience in consultancy service works and professional experience in the work subject to the tender and other similar works shall be evidence by their curriculum vitae; employment by the candidate as of the deadline for application shall be evidenced by the “Service Notification” certified by the Social Security Institution, as of the month preceding the deadline for application. ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 7/15 For key technical personnel who are unable to register to chambers of any specific profession due to relevant legislation; total duration of experience gained in the private sector shall be evidenced by their diploma or certificate of graduation; total duration of experience gained in the public sector shall be evidenced by the service schedule and/or diploma or certificate of graduation. In a bid, personnel shown as the key technical personnel can be employed as the technical personnel in the execution of the contract. Persons declared as key technical personnel shall submit their written declaration indicating their employment by the candidate. Persons declared as key technical personnel shall not be employed by any other real or legal entity, at any time during which they are employed by the candidate or the bidder. For business partnerships, regardless of the percentage of shares, all key technical personnel of the leading partner and special partners shall be evaluated. In the event that real person candidates or bidders, partners of private companies, partners who undertake management of limited companies, chairman, board members, executive director and general director partners of incorporated companies; real person partners and legal person partners of joint ventures and real person partners of joint ventures bearing the aforementioned titles with key technical personnel qualifications are declared as key technical personnel; document evidencing their employment by the candidate shall not be sought. 8.2.3. This item has been left blank. 8.2.4. This item has been left blank. 8.3. The works to be accepted as similar works in this procurement: Final and/or application project services for railway mass transport system with minimum 2 stations underground, covering the design of construction and electro-mechanical works in a system integrity shall be accepted as similar works. 8.4. Candidates who fail to meet the above specified minimum conditions shall be deemed as ineligible and they shall be disqualified from the prequalification evaluation. In the event that the number of candidates who are able to meet the prequalification conditions is less that three, the tender shall be cancelled. In the event that the number of candidates who meet the minimum conditions is equal to, or less than the number of candidates to be short listed, as specified in Article 21 of this specification; all candidates who meet the minimum conditions shall be short listed and they shall be invited to bid, by sending an invitation. In the event that the number of candidates who meet the minimum conditions exceeds the number of candidates to be short listed, successful candidates who meet the minimum conditions shall be subject to a scoring as per the criteria specified in Article 8.5 of this specification. 8.5. Criteria for Scoring Candidates who meet the minimum conditions shall be subject to scoring in two sections, being Financial Capacity and Technical Capability; according to the criteria specified in the table below, based on information, certificates and documents to be obtained by filling out the “Information Sheet” attached to the “Prequalification Application Letter”. CRITERIA / SUB CRITERIA SCORE a) Financial Capacity [30] b) Technical Capability [70] 1) General Services Experience [15] 2) Special Services Experience [45] 3) Personnel Status [10] TOTAL [100] 8.5.1. Scoring for financial capacity ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 8/15 The candidates’ financial turnovers, or the amounts of undertaken or completed consultancy services shall be evaluated. Total financial turnover required for full score: 6000000 € (Euro). The amount of accepted, undertaken and/or completed consultancy services required for full score: 4500000 € (Euro). If the average amount of the candidates’ financial turnovers for the years which are subject to the information provided is; a) equal to, or more than 100% of the amount of financial turnover specified above as acceptable for full score; [30] Points shall be given, b) if it is equal to the amount of financial turnover required as a minimum criteria, [15] Points shall be given, If the average amount of the candidates’ undertaken and/or completed consultancy services is; a) equal to, or more than 100% of the amount of undertaken and/or completed consultancy services specified above as acceptable for full score; [30] Points shall be given, b) if it is equal to the amount required as minimum criteria, [15] Points shall be given. For intermediate values, direct proportion shall be applied. For business partnerships, each partner’s score shall be calculated over the amount to be obtained by dividing the amount of total financial turnover or the amount of undertaken and completed consultancy services by the partnership ratios. The score of the business partnership shall be evaluated as being the total of the scores which are to be obtained by multiplying each partner's score calculated as above, by their partnership shares. 8.6. Scoring for technical capability 8.6.1. Scoring for general services experience The candidates’ general services experience for consultancy services shall be evaluated as below. The candidates’ general services experience as of the date of the announcement for prequalification; a) If the candidate’s duration of activity is more than 20 years, [15] Points shall be given, b) if the candidates’ general services experience is 10 – 20 years (including 20 years) …………… [13] Points shall be given, c) if the candidates’ general services experience is 5 – 10 years (including 10 years) …………… [11] Points shall be given, d) if the candidates’ general services experience is 0 – 5 years (including 5 years) …………… [9] Points shall be given. For business partnerships, the duration of the leading (pilot) partner’s general services experience shall be taken as basis. 8.6.2. Scoring for special services experience The candidates’ works in the field of the work subject to the tender or other similar works, which bear the criteria specified in Article 8.2 and 8.3 of this specification shall be evaluated by the contracting entity. For this evaluation, the candidates’ work experience regarding works which are based on a single contract shall be subject to scoring. More than one work experience shall not be taken into account by aggregating, even if they relate to the similar works. The amount of work accepted for full score 10000000 € (Euro) If the candidates’ amount of similar works is; a) equal to, or more than 100% of the amount of work acceptable for full score; [45] Points shall be given, b) if it is equal to the amount of work required as a minimum condition, [25] Points shall be given. For intermediate values, direct proportion shall be applied. For business partnerships, the work experience of the leading (pilot) partner shall be evaluated. 8.6.3. Scoring of the personnel status This scoring shall include only the key technical personnel whom are proposed by the candidates, for the consultancy services subject to the tender. ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 9/15 Position General Services Experience (Total Experience) Minimum Score Full Score Special Services Experience (Experience in Similar Works) Minimum Score Full Score Civil Engineer (Experienced in Surveys and Project Engineering Services for Rail Mass Transport Systems) 8 years 0.5 25 years or 4 years 20 years or points more 1 points 0.5 points more 1.5 points Architect (Experienced in Surveys and Project Engineering Services for Rail Mass Transport Systems) 8 years 0.5 25 years or 4 years 20 years or points more 1 points 0.5 points more 1.5 points Mechanical Engineer (Experienced in 8 years 0.5 25 years or 4 years 20 years or Surveys and Project Engineering Services for points more 1 points 0.5 points more 1.5 points Rail Mass Transport Systems) Electric or Electronic Engineer (Experienced in Surveys and Project Engineering Services for Rail Mass Transport Systems) TOTAL 8 years 0.5 25 years or 4 years 20 years or points more 1 points 0.5 points more 1.5 points 2 POINTS 4 POINTS 2 POINTS 6 POINTS Candidates who meet the prequalification criteria required for key technical personnel shall be given minimum score. For intermediate values, direct proportion shall be applied. For business partnerships, regardless of the percentage of shares, all technical personnel of the leading (pilot) partner and other partners shall be evaluated as a whole. 8.6.4. This item has been left blank. 8.6.5. This item has been left blank. 8.7. Way of submitting the documents 8.7.1. It is obligatory for applicants to submit the originals of the above-mentioned documents or their notary public attested copies. However, the copies of Trade Registers Gazettes that are certified as “this is a true copy” by the Gazette Authority or Association of Turkish Chambers and Stock Exchanges and issued to the applicants as per Article 9 of Regulation on Turkish Trade Registers Gazette and notarized copies thereof shall be accepted. Internet printouts of the tender participation and qualification documents that can obtained via the internet pages of the public authorities and organizations and the professional organizations that have the nature of public authority and that can be confirmed may be submitted. 8.7.2. It is obligatory for the notarized documents to bear the annotation “this is a true copy” and the ones of which photocopies or copies have been seen and approved as well as the ones bearing the annotation “same as presented copy ” or another annotation bearing the same meaning, shall not be accepted as valid. 8.7.3. The applicants may, instead of originals of the documents required, include into their applications the copies bearing the expression “Original copy seen by the Contracting Entity” or any expression with the same meaning written by the Contracting Entity prior to the date of application. 8.7.4. The legalization procedure for documents prepared in foreign countries apart from documents prepared by representation of the Republic of Turkey in foreign countries and the documents prepared by representations of foreign countries in Turkey: 8.7.4.1. The legalization process means the confirmation of the truth of the signature on the document, in which capacity the person who signed the document signed it and whether the seal or stamp, if any, on it is the same as original. 8.7.4.2. Official documents prepared in countries party to the Agreement on the Relief of the Legalization Obligation of Foreign Official Documents and which are covered under the 1st article of that Agreement are exempt from legalization from ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 10/15 the Consulates of the Republic of Turkey or the Republic of Turkey Foreign Affairs Ministry, provided they bear an “apostille legalization seal”. 8.7.4.3. In case of existence of any treaty or agreement between Turkey and other state or states subjecting signature, seal or stamp attestation in the documents to certain transactions, then such documents shall be attested according to the provisions of such treaties or agreements. 8.7.4.4. The signature, seal or stamp on any document prepared in foreign countries which does not bear the “apostille legalization seal” or not submitted under any agreement or covenant containing special provisions relating to the legalization process, needs to be attested by the Consulate of the Republic of Turkey in the country where the document was prepared or, in the given order, by the representation, in Turkey, of the country in which the document was prepared and the Republic of Turkey Foreign Affairs Ministry. Documents prepared in countries where there is not Consulates of the Republic of Turkey should be attested, in the given order, by the Ministry of Foreign Affairs of the country in which it was prepared, the Consulate of the Republic of Turkey responsible for relations with that country or the representation of that country in Turkey and the Republic of Turkey Foreign Affairs Ministry. 8.7.4.5. Documents prepared by the representation of the foreign country in Turkey should be attested by the Republic of Turkey Foreign Affairs Ministry. 8.7.4.6. No transaction is effected based on documents prepared by honorary consulates. 8.7.4.7. Unofficial documents which are exempted from legalization process: 8.7.4.7.1. This item has been left blank. 8.7.5. The translation of documents submitted within the frame of application and which are prepared in foreign language and the process of legalization of such documents: 8.7.5.1. Translations of documents submitted by local applicants who are prepared in foreign language and the legalization process for such documents are conducted as follows: 8.7.5.1.1. It is requisite that translations of documents, prepared in foreign language, which are submitted by local applicants and business partnerships and consortiums having as partners Turkish citizen real persons and/or legal persons founded under the laws of the Republic of Turkey, are made in sworn translators in Turkey and attested by a notary. These translations shall be exempted from the legalization by the Ministry of Foreign Affairs of Republic of Turkey. 8.7.5.2. Translations of documents submitted by foreign applicants which are prepared in a foreign language and the legalization process for such documents are conducted as follows: 8.7.5.2.1. The legalization process of the translations means the process of confirmation that the signature of the certified translator who made the translation and the seal or stamp, if any, on the document are the same as original. 8.7.5.2.2. If the translations of the documents are given by a sworn translator in the country where such documents are issued and the translation bears “apostille” seal, any other legalization shall not be required for these translations. If such translations do not bear any “apostille” seal, the signature and, if any, seal or stamp affixed on the translations must be legalized by the related Consulate of Republic of Turkey in such country or the representation of Turkey in the country where the document is issued and the Ministry of Foreign Affairs of Republic of Turkey successively. 8.7.5.2.3. In the event of existence of any agreement or covenant between the Republic of Turkey and the other state or states containing provisions which regulate the legalization process of signatures, seals or stamps on documents, the legalization of translations of the documents may be made according to the provisions of that agreement or covenant. 8.7.5.2.4. If the translations of documents prepared in countries where there are no Consulates of the Republic of Turkey are made by a certified translator in that country and the translation does not bear the “apostille legalization seal", the signature on the translation in question and the seal or stamp, if any, on it should be attested, in the given order, by the Ministry of Foreign Affairs of that country, the Consulate of the Republic of Turkey responsible for relations with that country or the representation, in Turkey, of that country, and the Republic of Turkey Foreign Affairs Ministry 8.7.5.2.5. In the event the translations of documents prepared in foreign language are made by certified translators and attested by notaries in Turkey, no other annotation of ratification is sought on such documents. 8.7.6. Way of submitting documents pertaining to quality and standards: 8.7.6.1. This item has been left blank. 8.8. In the event applications are submitted for the tender by a foreign applicant, documents, prepared as equivalent to the documents required in these specifications and its attachments as per the legislation in the applicant's country. 8.9. Language of the prequalification application: ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 11/15 8.9.1. All documents and annexes thereof constituting the application and other documents shall be in Turkish. If they are submitted in English, they have to be submitted with their Turkish legalized translations. In this case, Turkish translation shall be taken as basis for interpretation of bid or document. The regulations in the relevant article shall be taken as basis for the translations and legalizations of these translations. Article 9- Admissibility of Foreign Bidders to the Procurement 9.1. The tender is open to all domestic and foreign bidders that comply with the mentioned prequalification criteria. Article 10- Those that cannot participate in the procurement 10.1. Those persons who are expressed to be non-eligible to take part in tender in Article 11 of Law No 4734 and bidders of foreign countries that are determined on Cabinet Decrees to be issued in accordance with sub-clause numbered (8) of clause (b) of Article 53 of Law No 4374 cannot participate in tender either directly or indirectly or as a subcontractor or on behalf of themselves or other persons. 10.2. The Bidders who take part in the procurement despite such prohibitions shall be excluded out of the procurement and their bid bonds are registered as revenue. Furthermore, if this is not to be determined during the phase of evaluating the bids and that forbidden bidder is awarded the contract, their bid bond is recorded as revenue and procurement is cancelled. Article 11 - Being excluded from the Procurement and Prohibited acts and conduct 11.1. The Bidders should not be subject to any conditions stated in paragraphs (a), (b), (c), (d), (e), (g) and (i) of forth clause of Article 10 of Law 4374 at the application deadline. Apart from the paragraphs (c) and (d) of forth clause of the mentioned article, the applicant who has amendments in such situations shall immediately inform the Contracting Entity about this. 11.2. Those persons who cannot take part in tender in accordance with Article 10 of the Specifications and the bidders who have the reasons for being excluded from the tender in accordance with fourth paragraph of Article 10 of Law No: 4734 shall be excluded from the evaluation. 11.3. Those persons who cannot take part in procurement in accordance with Article 11 of Law No 4734 and those persons who are determined to act and misact included in Article 17 are kept subject to the provisions stated in Forth Section of the Law by taking the nature of act and actions into consideration. Article 12 – Expenses regarding the prequalification application 12.1. Applicants shall be responsible for all of the expenses incurred in connection with preparing and submitting prequalification applications. The Contracting Entity cannot be held responsible with regard to the expenses born by the applicants, regardless of the course and result of the application. Article 13- Explanations of the Prequalification Document 13.1. During their application preparation stage, applicants may request written clarification of the tender document for such issues as they judge necessary until at the latest twenty days prior to the deadline for submittal of application deadline. Requests made after this date shall not be taken into consideration. 13.2. Where such a request is deemed appropriate by the Contracting Entity, the clarifications and explanations to be made by the Contracting Entity shall be sent in writing through registered mail or may be hand-delivered against signature, to all bidders who have already acquired the prequalification documents by that date in a way which will inform them at least ten days prior to the application deadline. 13.3. The explanation shall contain the description of the problem and the detailed answers of the Contracting Entity; the identity of the bidder who has made the request shall not be disclosed. 13.4. Complementary or supplementary explanations shall be included as an annex to the prequalification document for those bidders who purchase the tender document after the explanation has been made. Article 14- Amendments to the Prequalification document 14.1. In principle, no amendments should be made in the prequalification documents after the advertisement of the tender notice. If, however, the Contracting Entity determines that it is obligatory to make the amendments in the prequalification document and its annexes or the same is notified by applicants in writing, the prequalification documents may be amended by issuing an addendum. The addendum shall be included in the prequalification document as a binding part of the prequalification document. 14.2. The addendum shall be sent to those who have purchased prequalification documents through registered mail, or may be hand-delivered against signature, and it shall be ensured that all applicants are notified at the latest ten days prior to the application deadline. 14.3. In the case that the need for a time extension arises as a result of the amendment for the preparation of the applications, the Contracting Entity can, on a one-off basis, postpone the application deadline for twenty (20) days ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 12/15 with an addendum. Selling the prequalification documents and receiving the applications within the postponed period shall continue. 14.4. In the event that an addendum is issued, candidates who had submitted their applications prior to this development shall be given the chance to withdraw their applications and re-apply. 14.5. On the examination made upon complaint in accordance with Article 55 of Law 4734, in the cases where deficiencies that may affect preparation of the applications or that may prevent the execution of the works and where Contracting Entity decides to make some corrections on the prequalification document, necessary correction is done and application deadline may be postponed one more time according to the procedure abovementioned. In the cases where financial and technical mistakes determined are also available in the announcement, tender process can be continued only after a declaration for correction is made in accordance with Article 26 of the Law. In the cases where it is understood that the period for the declaration of correction expires, procurement is cancelled. Article 15 - Canceling the Procurement before the Time of Prequalification Evaluation 15.1. When deemed necessary by the Contracting entity or when it is determined that some points in the prequalification/tender document hinder the procurement and it is impossible to remedy, the procurement may be cancelled before the application deadline. 15.2. In this case, the cancellation of the procurement shall be notified in writing to the bidders indicating the reason of such cancellation. The applicants that submit their applications up to that time shall be informed about the cancellation of the procurement separately. 15.3. In the event that the tender is cancelled, all prequalification applications submitted shall be deemed as rejected and the applications shall be returned to the candidates, unopened. 15.4. The applicants shall not be entitled to claim any right against the Contracting entity due to the cancellation of the procurement. Article 16 - Joint Venture 16.1. More than one physical or legal entity may apply for the prequalification by constitution of the joint venture. 16.2. The main partner of the Joint Venture should be the partner having the biggest share. However, in joint venture where all the partners have equal number of shares, or where there are partners who have the same number of shares but more than the rest of the partners, one of these partners is determined to be the main partner. 16.3. The applicants who would submit prequalification by constituting Joint Venture shall submit Joint Venture declaration that is enclosed herewith as a sample and stating the main partner as well, in regard to the fact that they have incorporated the joint venture. 16.4. The fact that a joint venture is found to be qualified, shall not necessarily mean that each partner is qualified individually. 16.5. In the event that the tender is awarded to a joint venture, the joint venture shall be required to submit a notary approved partnership agreement prior to the signing of the contract. 16.6. In the contract of joint venture, the shares of the partners and the fact that pilot partner and other partners are jointly and successively responsible for the execution of the works. Article 17 - Consortium 17.1. Consortiums cannot apply for the prequalification. Article 18 – Submission of prequalification application documents 18.1. Application letter and all prequalification application documents listed in this specification shall be enclosed in an envelope or a package. The name, surname or trade title, notification address, the subject of the applicant, the work that is applied for and the notification address of the Contacting Entity shall be written on the envelope. The adhesive part of the envelope shall be signed, sealed or stamped by the applicant. 18.2. Prequalification applications shall be delivered to the contracting entity (the place where the prequalification applications will be submitted) in exchange for numbered receipts, until the deadline specified in the prequalification document for applications. Prequalification applications to be made after this time shall not be accepted and they shall be returned, unopened. This situation is indicated with a report. 18.3. Prequalification applications may be submitted by registered and prepaid mail. It is mandatory that prequalification applications to be sent via mail to be received by the contracting entity until the deadline date/time specified in the prequalification document. The time of receipt of prequalification applications shall not be considered in the proceedings due to delays in the post shall be recorded in a minutes and they shall not be evaluated. 18.4. In the event that the duration of submitting prequalification is extended with an addendum, all rights and liabilities of the Contracting entity and applicants, with regard to the former date of application deadline shall be deemed extended in terms of duration until the deadline date and time of submitting applications to be defined. ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 13/15 II – EVALUATION OF PREQUALIFICATION AND INVITATION TO TENDER Article 19 – Receiving and opening of prequalification applications 19.1. Applications for prequalification shall be submitted to the contracting entity (the place where applications for prequalification will be submitted) until the deadline time for prequalification evaluation and submission of applications, as specified in this specification. 19.2. The following method is implemented by tender committee in receiving and opening the prequalification applications: 19.2.1. The tender committee shall start evaluations for prequalification on the deadline date and time for applications. Applications submitted until this time shall be put under a written record and announced to those attending the evaluation. 19.2.2. The tender commission shall examine the application envelopes in the order they were received. During such examination, the name, surname or trade title, notification address of the candidate; the subject of the application, the notification address of the Contacting Entity and whether or not the gluing section of the envelope has been sealed and signed by the candidate are examined on the envelope. Application envelopes that do not meet the requirements shall be specified in a minute and consequently excluded from the evaluation process. 19.2.3. Application enveloped shall be opened in the order they were received, with the presence of the candidates and attendees. Whether the documents of the candidates are complete or not shall be examined and a written document concerning this shall be issued and signed by the tender commission. A copy of this record, signed by the chairman of the tender commission shall be given to candidates who request to receive one. 19.2.4. At this stage, no decisions shall be made as to the rejection or acceptance of any application. Documents submitted by the candidates shall not be corrected or completed. The meeting is closed for the applications to immediately be evaluated by the tender commission. Article 20 – Evaluation of applications for prequalification 20.1. During the first session of the evaluation of applications, a decision shall be to disqualify the candidates whose documents are determined to be incomplete, from the evaluation procedure. 20.2. The documents, which do not change the nucleus of submitted documents, in relation with correction of the information deficiencies in case there is omission of information shall be required to be completed in written in a period to be determined by the Contracting Entity. In this context, a period to be determined by the Contracting Entity which shall be maximum two working days shall be provided for the information deficiencies to be completed. Applications of those who fail to complete their documents within the given period of time shall be disqualified from the evaluation. 20.3. In the event that the documents submitted by the candidates within the period of time granted by the contracting entity for completion of the information deficiencies are issued after the date of deadline for application, these documents must evidence that the candidate meets the criteria for participating in the tender, as of the deadline for application. 20.4. After this, whether the candidates whose applications are duly completed meet the general eligibility criteria or not shall be checked. Candidates not meeting the general eligibility criteria shall be deemed as insufficient, and shall be disqualified from the evaluation. In the event that the number of candidates who meet the general eligibility criteria is less than three, the tender shall be cancelled. 20.5. At this stage, whether the candidates who meet the general eligibility criteria meet the prequalification criteria or not shall be determined. Candidates who fail to meet the prequalification criteria given in this specification shall be disqualified from the evaluation. In the event that the number of candidates who meet the prequalification criteria is equal to, or less than the number of candidates to be short listed, a short list shall be created directly, without proceeding with the scoring procedure after this stage. 20.6. In the event that the number of candidates who meet the prequalification criteria exceeds the number of candidates to be short listed, the candidates shall be evaluated one by one according to the criteria given in Article 8.5 of this specification and a scoring shall be conducted. Article 21 – Finalization of evaluation for prequalification, short listing and invitation to tender 21.1. The candidates’ points which they shall be given according to the evaluation criteria given in Article 8.5 shall be added, the candidates shall be sorted according to these points and [8] candidates with the highest points shall be short listed. 21.2. In the event that the number of candidates to be short listed is exceeded due to equal points, the short list shall be created by giving priority to the candidate who has a higher work experience total pertaining to a single contract, compared to the other candidate having the same point. As for business partners, the leading (pilot) partner’s work ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 14/15 experience total shall be taken into account, regardless of the percentage of shares. As for consortiums, the candidate to be invited shall be determined by evaluating the coordinating partner’s work experience total pertaining to a single contract. 21.3. The Prequalification Evaluation Result Record to be issued as a result of the evaluation for prequalification shall be sent to candidates who are not short listed, within three days following the decision regarding prequalification, together with the Form for Notifying the Candidates Who Have Been Found to Be Insufficient During the Evaluation for Prequalification. 21.4. Candidates who have been short listed as a result of the evaluation for prequalification shall be sent a letter of invitation to tender, and they shall be notified that they have been found to be eligible. Furthermore, this letter shall also include the Prequalification Evaluation Result Record as an attachment. Article 22 – Cancellation of tender 22.1. In the event that the number of candidates who may be invited to the tender as a result of the evaluation for prequalification is less than three, the tender shall be cancelled. 22.2. In the event that the tender is cancelled, all candidates or bidders shall be notified. 22.3. The applicants or bidders shall not be entitled to claim any right against the Contracting entity due to the cancellation of the procurement. Article 23 - Settlement of disputes 23.1. All disputes arising during the process until the contract is executed and enforced can be referred to Administrative Courts provided that rules related to the request for remedy in Article 54 and the subsequent Articles of Law No. 4734 are reserved. 23.2. The relevant provisions stipulated in the contract of work shall be applicable for the disputes arising from the implementation of the contract. IV - OTHER PROVISIONS This section is left blank. ----------------------------------------------------------------------------------------------------------------------------- ----------------------Prequalification Specification: Page 15/15