Idari Sartname - Hava Lojistik Komutanlığı

APPENDIX-9
PERFORMANCE BOND
[Name of the Contracting Entity]
…. /.../….
No…
Whereas the…… [name of the bank] has guaranteed the price of the price of the performance bond
……..[the price of the performance bond 1 ] required to be issued by the Contractor [name/surname/title of
the Contractor] undertaking the work [name of the work] to fulfill the provisions of 2009/14973 numbered
Decision of the Council of Ministers dated 20th April 2009 which has been issued in accordance with Article
3 (b) and provisionary 4 (b) of Law No.4734 on Public Tenders and Law No.4735 as well as those of the
tender document and the contract,
Whereas the Contractor fails to meet his commitment under the said laws and provisions of the
tender document and contract partially or fully;
On behalf and for…….. [name of the bank], the undersigned being conferred upon the title of
authorized representative and officer [name of the bank] to sign hereby commit and certify to pay the price
set forth herein immediately and without any delay, in cash and completely including its legal interest
charged between the request date and payment date to the Contracting Entity upon the first request
needless of any protest, decision and approval of the undermentioned as well as any dispute between…….
[name/surname/title of the Contractor] and the Contracting Entity and implications and legal repercussions
thereof.
This performance bond shall be effective till _ _/_ _/_ _ _ _ ² (Date). In case this validity date is not
sufficient;
[Name of the bank)
[Branch Name of the Bank)
Name, Title, Signature of Authorized Officers
NOTE: 1a) In the performance bonds to be issued against the counter guarantees of foreign bank or similar credit
institutions, the name of the foreign bank or credit institution and that the performance bond is counterguarenteed shall
be underlined. In the event that the payment currency unit is Turkish Lira, performance bonds to be issued against
counter guarantees shall be issued over Turkish Lira.
b) In the event that bidding in foreign currencies is allowed in the article “Valid Currency in Bidding and Payments” in the
administrative specification; tenderers shall issue performance bonds over the currency they bid.
2- In the event that letter of guarantee is issued in the currency other than Turkish Lira, at the end of such letter, the
statement “In case of the liquidation of this letter of guarantee, the payment of letter..........................[related foreign
currency] will be made to the Contracting Entity.” shall be written however the letter of guarantee is issued in foreign
curreny, in case the liquidation shall be processed only in Turkish Lira due to the financial regulations of the Contracting
Entity, the statement “In case of the liquidation of this letter of guarantee; the payment shall be made in accordance with
the valid currency sale rate of the Turkish Central Bank .
¹ The currency of bid shall be written.
2 In accordance with the Article 13 of Decision of Council of Ministers on April 20 th , 2009 No.2009/14973;
a) In the event that a warranty period is provided for the purchase of the good for tender, this period shall cover a
period exceeding one month after the end of the warranty period. In the event that this is not sufficient, a provision
stipulating that this period shall be automatically extended in certain intervals (….day/month/year) needless of any
notice of the Contracting Entity shall be stated.
b) In the event that a warranty period is not provided for the purchase of the good for tender, this period shall be valid
for a period exceeding one month following final acceptance inspection. In the event that period is not sufficient, a
provision stipulating that this period shall be automatically extended in certain intervals (…..day/month/year)
needless of any notice of the Contracting Entity shall be stated.
Also, no time limit letter of guarantee can be given.
HK12-A7-041 90