PURCHASE AND SALE BYLAW


Aim and Scope
Article 1 
- This regulation determines the University’s economic and social requirements by obeying productivity principles with the best possible rate and conditions, domestic and foreign, every kind of purchase and sale by open-competition, care and maintenance, leasing and financial leasing with transporting services and patent, license, know-how and the activities which are related with the similar states. This regulation also determines general rules, which are being obeyed on the acts of project, study and letter of credit in consultancy services, expertise, clearance, to make insurance policy, and prescribes the powers and responsibilities of the commissions that will work.

Definitions
Article 2 - Izmir University of Economics: Academic and administrative departments with other institutions and its whole organization which are related to the said university.

Construction: Every kind of construction, production, technical repair, demolition, changing, amendment and assembly works.

Transport: The works of changing the movable things.

Service: Except for the employment of the salaried, waged, daily-paid and contractual personnel hired in accordance with the appertaining legislation, every type of service, such as research, study, plan, project control, consultancy, done by a real person, an ordinary partnership, a common enterprise or a corporate body against payment.

Leasing: The leasing of the movable goods and immovable property, and the leasing of service and rights.

Approximate Cost: The price of work, the subject of the tender, which is estimated in advance and the estimated price in construction work.

Appropriate Price: The price accepted upon cost, qualities and conditions.

Adequacy Certificate: Each of the documents, demanded from the tenderers, which are official documents showing the adequacy of the tenderers generally in construction, transportation and service tenders, and if needed in other tenders, or are the type of documents that have the quality of providing confidence to the concerned commission.

Tender: With the written procedure and conditions, that the work has been given the one chosen among the tenderers and that the processes completed by the approval of the competent authority before the contract.

Contractor: By one of the tender methods, the real person, the ordinary partnership, the common enterprise or the corporate body, the contractor that has been given the work.

Conditions: The documents showing the general, specific, technical and administrative procedures of the work to be done, and that are prepared by Izmir University of Economics. 

Agreement: The written agreement between the administration of the University and The Contractor or other entity/entities.

Current Market Value: It expresses the normal purchase-sale value in the transaction day.

Procedures of Purchase-Sale
Article 3
- The acts mentioned in the first article can be conducted according to one of the following procedures:

a) Searching the market and  direct supply by means of getting proposals from at least  three firms,

b) By sealed-tender,

c) Underbidding by announcement,

d) Underbidding by invitation,   

e) Public auction,

f)  By custody,

g) Directly conducting the process by writing and consulting with the legal person, ordinary partnership, common enterprise or corporate body in foreign countries,

h) Orginazing competition or making selection.

The procedures, forms and conditions for the acts other than the recorded procedures in the Book of Regulations that seem profitable or require necessity or urgency will be agreed upon by the Board of Trustees with Rector’s proposal on the subject.

The choice of methods to the above-mentioned procedures will be determined by the Consul of State regarding the acts’ quality and property.

Uncovered Works
Article 4
- Payment for expenses, such as electricity, water, telephone, post, etc, and for those, such as gasoline bills, fees of bridge and highway crossing, and boat and ferryboat tickets, whose prices are indicated in a tariff, are made by the Financial Affairs Directorate upon the demand of the related department.

Application
Article 5 - Purchases and Sales are made according to the following principals

a) (Change Offica Gazette  28.02.2013/28573) The initial phase of the procedure of purchase and sale is completed after the demand for purchase or sale is approved by the Rector or Secretary General, and forwarded to Technical and Administrative Affairs Directorate. Technical and Administrative Affairs Directorate prepares the necessary documents indicated in this Directive and other respective legislations.

b) Through a preliminary study by the unit demanding the purchase of a good, an approximate cost is established considering the current market conditions and unit prices and it is submitted to Technical and Administrative Affairs Directorate.

c) Terms and contracts are technical, administrative and legal documents stating all the specifications and details of the works and services to be bid. Contracts are prepared jointly by the unit that requests a bid or purchase, and under the presidency and supervision of Technical and Administrative Affairs Directorate. It is mandatory that the opinions and signatures of approval of the Legal Advisor and Administration and Financial Affairs Directorate be taken in the preparation of the terms and contracts.

ç) A contract, and drafts for projects and contracts with the legal person, joint enterprises or legal entities for the equipment or materials to be purchased, depending on the features of the construction, installation and import of the works to be bid,  is prepared by the Technical and Administrative Affairs Directorate with the support of related unit..Legal Advisor and Financial Affairs Directorate submit opinion. When necessary, technical contracts and projects can be prepared by the experienced local and foreign persons or institutions.

d) The parties mentioned below cannot be involved in the procedures relating to this By Law, either directly or indirectly, or as a sub contractor on behalf of themselves or others:

1) Those who are responsible for preparing, executing, finalizing and supervising the procedures mentioned in this Bylaw, and their first degree blood relatives and relatives by marriage and partners,

2) Volunteers who refuse to sign a contract according to authorized procedure, or refuse to surrender their signed contract upon request, or do not fulfil the requirements according to the rules and regulations of their contract, excluding  valid reasons,

e) The University Presidency Council is not required to make announcements about purchases and sales procedures stated below.

1) The works that require urgency,

2) The works related to fine arts that are to be done by or purchased from a specific artist or worker ,

3) Providing any kind of goods and/or services where the production or purchase is held by a single person or a company.

f) In case of method of bidding is preferred for sale and purchase, assurance is taken by a fixed price or approximates cost rates from the bidders and from the sub contractor after the bidding is finalized in order to consolidate job security .

Principles about the assurances are as follows:

1) The bidders or the subcontractors cannot apply interim injunction against assurances or confiscate them for any reason.

2) Assurances which can be taken during the process of purchases and biddings are; Turkish currency in circulation, letters of bank guarantee by banks which are entitled to give assurance, and currencies which are accepted by the Rectorate depending on the character of the bidding.

3) Acceptable assurances are categorized in three groups; temporary, permanent, and advance. 5%-10% of temporary assurance is taken from the bidders where the approximate cost of the work is known; and for those biddings where the approximate cost of the work is not known, the University determines a specified amount of temporary assurance.  Temporary assurances need to be over the limit and at least for three months. Permanent assurance is collected according to the contract made between parties and the amount cannot be less than the temporary assurance amount. Permanent assurance is to be for an indefinite period. For permanent assurances which are 50,000 (fifty thousand) Turkish Liras and above, within the limit and indefinite letters of guarantee; for permanent assurances which are below 50,000 (fifty thousand) Turkish Liras, over the limit and indefinite letters of guarantee are accepted. Besides, for advance assurance, a letter of bank guarantee is taken. The letters of guarantee for advances are to be for a definite period not less than six months.

4) Temporary and permanent assurances, after being submitted,  may be exchanged with one of the other assurances of the same amount stated in this Bylaw by the approval of a certifying authority in case of a demand by the contractor.

5) After the bidding, the temporary assurances of the bidders are returned until the competent authorities decide on the ruling of the temporary bidding decision.

6) After the approval of the competent authority, the temporary assurances of up to a maximum of three bidders’ are kept depending on the order of the rank until a contract is signed with one of them. The others are returned on demand. After the contract is signed and the required permanent assurance is received, all the temporary assurances are returned.

7) Assurances are returned after all the conditions in the affidavit are clearly met according to the contract and the contractor is assured that he has no responsibility to the University.

8) In construction works, the half of the permanent assurance is returned to the contractor after the approval of the temporary certificate of acceptance and after resolving any defects that may have been detected in temporary acceptance, the half of the amount of damages resulting from these defects which is not be more than half of the permanent assurance is returned to the contractor; and the rest of this amount is returned to the contractor after the permanent acceptance is finalized.

g) For any kind of construction, installation and repairs, equipment purchasing and likewise, a certain amount of the cost for the work to be done could be paid in advance as mentioned in the purchases and sales contract or bidding with the approval and decision of the authorities, in accordance with the current circular without having to enter a protest or obtain a court order in case of failing to fulfil a commitment and setting off the rights, if no rights available, by using another method to collect money in return for a letter of bank guarantee.

ğ) Purchases and sales could be made through commissions depending on the extent and characteristics of the work. The purchasing decisions given by the commissions are finalized with the approval of the President of the Board of Trustees. The principles regarding the Commission are as follows:

1) Permanent or temporary commissions could be established with the approval of the Board of Trustees and the Rectorate.

2) The Commission is made up of Secretary General, Financial Affairs Director, Technical and Administrative Affairs Director, the director of the demanding unit under the presidency of the Rector. In cases approved by the Board of Trustees, the Rector may transfer his/her authority to his/her inferiors in writing. When necessary,, a Legal Advisor, a translator, a technical staff  and a person appointed by the Technical and Administrative Affairs Directorate can take place in the Commission as a reporter without having the right to vote. In cases where the Chairman and the Members of the Commission do not take part in the meetings due to illness or vacation, or on legal duty, their deputies can be assigned upon receiving the permission of an upper-level management Apart from these reasons, the designated members and the chairman should attend the commission works at all times, and disciplinary measures can be taken against the member who fail to attend.

3) Depending on the quantity/nature of the purchase and sale and on the request by the commission, the related institutions and/or a subcommittee of at least three expert members can be asked to express opinions.

4) If the purchase and sale is subject to a bid, the process is conducted by the commission, irrespective of expenses and the cost.

h) The purchases and sales, or work to be done cannot be divided into smaller amounts in any case; the entire process is completed by the same commission members.

ı) A written contract is needed depending on the terms of the purchase and sale, and if required by the Rector. The terms of the contract will be appended to the contract. A work bound by such a contract cannot be turned over to another party without the written consent of the University. Otherwise, the contract will be annulled by the University. In the situation that consent is given, the same initial terms will be sought in the companies taking over.

i) In accordance with the terms of the contract, the constructors must give the cashier office of the University their final assurance within 15 days after the written notification of the acceptance or approval of their bid by the relevant authorities. Constructors must meet the cost of stamp duty, taxes, official fees and expenses as stated in the terms of the contract and must consign the agreement or contract to the University. In the condition that the end of the 15-day period coincides with a Sunday or a national holiday, the duration is considered to extend to the end of the following working day.

Effectiveness
Article 6 - This directive takes effect on the date of its publication.

Implementation
Article 7 - The Rector of  the Izmir University of Economics implements these rules and regulations of this policy.


This directive takes effect on the date of its publication on the Official Gazette dated 29.04.2002 and numbered 24740.