Tender Document Preparation

The tender documents comprise the documents that define the scope, projects, qualification requirements, tender method, contractual provisions and acceptance criteria for the procurement. Kılıç Kurumsal provides technical support to contracting authorities in preparing tender documents and conducting the necessary correspondence.

The tender documents are a fundamental element of the tender and contract. Therefore, ambiguous or conflicting documents and information in the tender documents prevent the submission of tenders. The tender documents are expected not to cause uncertainty for companies participating in the tender and to enable contractors to perform the work and complete the acceptance procedures. (See: Tender Documents: https://www.kilichukuk.org/Sozluk/ihale-dokumani )

Kılıç Kurumsal Danışmanlık A.Ş. (Kılıç Kurumsal) supports public authorities, municipal companies and corporate organisations in preparing or reviewing tender documents for works. The work is not limited to drafting text. The project, schedule of locations, quantity take-off, technical requirements, contract and acceptance arrangements are considered together.

For companies participating in a tender, the same service involves understanding the tender documents before submitting a tender and assessing the work in financial, technical and time-related terms. Services are not provided to both the contracting authority and a bidder in the same tender.

A. What Do the Approval Document, Administrative Specifications, Draft Contract, Technical Specifications and Projects Mean?

1. Tender Approval Document

The tender approval document authorises the commencement of a tender for the required works. It is submitted for the approval of the tender authority together with the estimated contract value calculation sheet, specifications, draft contract, projects and other required documents. The tender process begins following this approval. (See: Approval Document: https://www.kilichukuk.org/Sozluk/onay-belgesi- )

The name and nature of the work, its estimated contract value, the procurement procedure to be used and the status of the allocated funds must be stated correctly in the approval document. Due to the confidentiality of the estimated contract value, the approval document is also kept confidential from persons other than the relevant officials. If the tender documents are not ready or there are discrepancies between the documents, these deficiencies must be remedied at the approval stage.

2. Administrative Specifications

The administrative specifications set out the rules for participation in the tender and evaluation of tenders. The type of tender, qualification documents, security, joint ventures, subcontractors, price adjustment, time limits and evaluation method are explained in this document. They are prepared on the basis of the relevant standard administrative specifications issued by the Public Procurement Authority (KİK). (See: Administrative Specifications: https://www.kilichukuk.org/Sozluk/idari-sartname )

3. Technical Specifications

The technical specifications define the technical characteristics of the work to be performed and the expected quality. Material properties, construction methods, quality requirements, tests, measurement methods, deliverables and acceptance criteria are stated clearly. Technical requirements within this scope must ensure efficiency and functionality without unnecessarily restricting competition. (See: Technical Specifications: https://www.kilichukuk.org/Sozluk/teknik-sartname )

4. Draft Contract

The draft contract is the principal text governing the administrative, financial, technical and legal relationship to be established between the contracting authority and the contractor as a result of the tender. It includes provisions on the contract price, commencement of work, duration of the work, payment, security, insurance, penalties, price adjustment, increases in the work, time extensions, termination and acceptance. It is based on the relevant standard contract issued by the Public Procurement Authority (KİK) and is prepared in alignment with the other tender documents. (See: Draft Contract: https://www.kilichukuk.org/Sozluk/sozlesme-tasarisi )

5. Preliminary Design

The preliminary design is the initial design-stage document prepared according to the final needs programme. Before all land and ground investigations have been completed, it presents one or more solutions based on available maps and the initial data obtained. It sets out the principal dimensions, layout, sections and general appearance of the structure. (See: Preliminary Design: https://www.kilichukuk.org/Sozluk/on-proje )

6. Final Design

The final design is the design prepared according to the approved preliminary design of a specific structure, for which practicable land and ground investigations have been conducted, structural elements have been measured and dimensioned, and construction systems, materials and technical specifications have been defined. (See: Final Design: https://www.kilichukuk.org/Sozluk/kesin-proje )

Structural elements are measured and dimensioned, and the structural system, materials and essential technical specifications are defined. This provides a more detailed basis for the estimated contract value and unit-price tender arrangements.

7. Implementation Design

The implementation design shows all details of the works subject to the tender in accordance with the approved final design. It explains how construction will be carried out on site, including dimensions, connections, details and interdisciplinary interfaces. The basic rule for works is that a tender must not be launched before the implementation designs have been completed. (See: Implementation Design: https://www.kilichukuk.org/Sozluk/uygulama-projesi- )

In the limited circumstances specified by law, a tender may be launched on the basis of a preliminary or final design. In such cases, the tender and contract method must be selected according to the design level, and quantities, schedules of locations and unit-price descriptions must be prepared in greater detail.

(See: Schedule of Locations: https://www.kilichukuk.org/Sozluk/mahal-listesi- )

B. How Should Tender Documents Be Prepared?

1. Completion of the Needs Programme

Document preparation begins by determining the intended purpose of the work, service or structure. Capacity, areas of use, functions, quality level, budget and completion target are documented in writing. If the needs programme changes continuously, neither the project nor the estimated contract value will be reliable.

2. How Should the Administrative Specifications Be Prepared?

The administrative specifications should be prepared after the procurement procedure and contract type have been determined. The choice between a lump-sum turnkey tender, a unit-price tender or a mixed tender must be consistent with the level of project detail and the nature of the work.

Qualification criteria must be established in relation to the scale and nature of the work. Work experience, financial standing, technical personnel, machinery and quality certificates should be required only to the extent necessary. The expenses included in the tender price, tax and insurance obligations, and the method for submitting documents must be clear.

The tender date, site visit (if required), tender validity period, security, requests for clarification and notification periods must be checked against a timetable. For electronic tenders, the current standard administrative specifications and e-forms on EKAP must be used.

3. How Should the Technical Specifications Be Prepared?

The technical specifications should not be a lengthy text that repeats requirements, quality-related matters and project drawings. They should supplement the construction requirements, quality level, applicable standards, tests, measurement rules and acceptance rules that cannot be shown in the project.

Every technical requirement must be measurable. Indeterminate expressions such as “first-class”, “high-quality” or “as required by the contracting authority” should not be used on their own. The nature of the service, the material class, strength, capacity, surface characteristics or relevant standard must be stated clearly.

Expressions that direct bidders towards a brand or model should be avoided. Where a standard or technical description cannot meet the requirement, a procedure allowing equivalent solutions must be established. For custom manufacturing, sample requirements, drawing approval, testing and production control must be defined in advance.

Where interim inspections or laboratory analyses are required, detailed arrangements must be established to answer the questions of who will do what, where, how and with whom.

4. How Should the Draft Contract Be Prepared?

The draft contract must address the principal situations that may arise during contract performance. The arrangements for site handover, the work programme, project deliverables, the powers of the construction supervision officer/control organisation/inspection and acceptance committee, progress payments, price adjustment, new work items and provisional acceptance must be clear.

Penalty provisions must be written clearly in terms of the event to which they apply and the calculation method. The documents required for time-extension and force-majeure notifications must be specified. Where partial acceptance, pre-use handover, warranties or maintenance are required, these must be addressed in the documents from the outset.

It must be stated that the General Specifications issued by the Public Procurement Authority (KİK) are annexes to the contract. When special provisions are added to the draft contract, they must not conflict with the General Specifications. The order of precedence of documents must be stated clearly, and the same matter must not be regulated differently in two documents.

Matters specific to the contracting authority must be stated in the “Other Matters” section of the Contract in accordance with public procurement legislation. In this case, arrangements must be established to answer the questions of who will do what, where, how and with whom?

5. How Should Projects Be Prepared?

Projects, which are mostly required for works, must be defined before the procurement procedure and contract type. In a lump-sum turnkey tender, implementation designs and schedules of locations must contain sufficient detail for the bidder to price the entire work. In unit-price works, quantities, work items and unit-price descriptions must correspond exactly with the project.

Architectural, structural, mechanical, electrical, infrastructure and landscaping designs must be compared with one another. Conflicting routes, missing details, different levels and inconsistent dimensions must be resolved before the tender.

Ground investigations, current maps, setting-out information, permits and existing facility data must be incorporated into the project. Matters that may reasonably be expected to arise subsequently on site must not be concealed; known conditions must be included in the documents in a manner that gives bidders equal access to the information. (See: Project Preparation: https://www.kilichukuk.org/Sozluk/projelerin-hazirlanmasi )

6. Quantity Take-Off, Schedule of Locations and Unit-Price Descriptions

The schedule of locations shows which construction item will be performed in which part of the structure. The quantity take-off is the calculation of the quantities in the project by measurement. A unit-price work description explains the scope and unit of measurement of a work item and the elements included in the price.

(See: Schedule of Locations: https://www.kilichukuk.org/Sozluk/mahal-listesi- )

(See: Quantity Take-Off: https://www.kilichukuk.org/Sozluk/metraj-listesi- )

(See: Unit-Price Work Description: https://www.kilichukuk.org/Sozluk/birim-fiyat-imalat-tarifleri- )

If these three documents are not aligned, neither the estimated contract value nor the tenders will be properly established. Duplicate counting of the same construction item, omission of certain locations, or failure of a unit-price description to cover the work shown in the project must be prevented.

7. Inspection and Acceptance Conditions Must Be Established from the Outset

The outcomes required at provisional and final acceptance must be determined in advance in the tender documents. If testing, measurement, commissioning, training, occupancy permits, maintenance manuals and as-built drawings are required, they must be included in the list of deliverables.

Clear criteria that can be examined by the acceptance committee must be specified. The method of recording incomplete and defective work, the rectification period, partial acceptance and the warranty period must be arranged consistently throughout the documents.

C. Who Benefits from This Service?

1. Companies Participating in Works Tenders

Companies participating in public works tenders may obtain support from Kılıç Kurumsal to assess the scope of the tender documents, project deficiencies, and quantity and time risks before submitting a tender.

2. Companies Participating in Tenders for Specialised Goods or Services

In procurements of goods and services that are not commercially available or that, due to their characteristics, require different tender documents to be prepared (custom manufacturing), bidder and contractor companies may obtain support to assess the scope of the tender documents before submitting a tender.

(See: Custom Manufacturing: https://www.kilichukuk.org/Sozluk/ozel-imalat- )

3. Public Authorities and Municipal Companies

Contracting authorities preparing for procurements of specialised goods and services or works tenders, or wishing to update their previous documents, may benefit from the service. Document arrangements among the technical department, procurement department, financial services and management can be standardised/harmonised.

4. Project and Supervision Teams

Architects, engineers, project managers, estimated contract value teams and construction supervision officers may apply to have the alignment between projects and specifications reviewed.

5. International Tenders and NATO and Defence Industry Procurement

For works involving foreign funding, defence, security, technology or special acceptance conditions, the alignment of the document arrangements with the project and contract may be reviewed separately.

D. How Do We Assist with Tender Document Preparation?

1. We Review the Initial File

The needs programme, existing projects, ground information, previous specifications and budget data are reviewed. The documents already available and those requiring completion are listed separately.

2. We Establish the Document Map

The document in which each matter will be addressed is determined. The connections between the administrative specifications, technical specifications, draft contract, projects, schedules of locations and price schedules are identified.

3. We Conduct a Project Compliance Review

Project disciplines, details, ground data and drawings required for implementation are reviewed. Missing or conflicting matters are reported in writing to the relevant project team.

4. We Prepare the Specifications and Contract Texts

Work-specific sections are completed on the basis of standard documents. Technical criteria, deliverables, time periods, payment, penalties and acceptance provisions are arranged according to the actual circumstances of the work.

5. We Conduct a Competition and Feasibility Review

Whether the requirements can be met in the market is assessed. Provisions that unnecessarily indicate a particular product or company, make tender preparation difficult or cannot be implemented on site are identified.

6. We Conduct the Final Cross-Document Check

Provisions on time, price, quantity, tender type, price adjustment, penalties and acceptance are compared. Discrepancies are corrected, and numbers, dates, document names and links to annexes are checked one final time.

E. Documents That May Be Provided at the End of the Service

As a result of its work, Kılıç Kurumsal prepares certain implementation-oriented documents and shares them with the relevant company or organisation. These documents are listed below:

• Document Compliance List; shows whether the documents required for the tender are ready, missing or need to be updated.
• Project and Specifications Alignment Schedule; compares how the same matter is addressed in the project, schedule of locations, technical specifications and contract.
• Tender Timetable; identifies important dates in the approval, contract notice, document preparation, committee, tender and contract stages.
• Uncertainty and Risk List; sets out, in order of importance, the provisions that may cause difficulties in submitting a tender, increases in the work, delays or acceptance issues.
• Management Briefing Note; presents matters relating to the project, tender, time periods and contract that require decisions to management in the form of a briefing note.

F. Scope Limitations of the Service

Kılıç Kurumsal Danışmanlık A.Ş. (Kılıç Kurumsal) provides consultancy on establishing the technical, administrative, financial and legislative compliance framework of tender documents. Approval of the documents rests with the tender authority and the relevant contracting authority.

Conduct of litigation, representation under a power of attorney, legal representation in a complaint application or legal services relating to a dispute are not included in this work. If such a need arises, it is explained that it must be considered within a separate professional organisation.

G. Information and Application Channels

Those seeking a brief explanation, detailed publication or legal information about tender documents can access the relevant area through the “Information Resources” section of the website. This allows corporate consultancy, videos, publications, legal information and litigation services to be accessed without confusing them with one another.

H. Submit Your Requirements, Indicating Your Current Stage

You can submit your application by completing the form on the “Corporate Service Request” subpage under the “CONTACT” main menu of our website. In your application, it is sufficient to state whether a new tender file is being prepared, existing documents are to be reviewed or only project-specification alignment is to be examined.

You may briefly state the type and approximate scale of the work, the project level, the existing documents and the planned tender date. Following the initial review, the scope of the work, the documents to be delivered, the duration and the persons to be assigned are determined.

Kılıç Kurumsal conducts its work from its Ankara headquarters. Meetings may also be held in person or online, depending on the nature of the work.

Contact Details: https://www.kilickurumsal.com.tr/iletisim