Upon the call of Istanbul Metropolitan Mayor Ekrem İmamoğlu, dozens of lawyers filed a lawsuit in the Regional Administrative Court for the cancellation of the tender of Haydarpaşa and Sirkeci station areas made by TCDD. The lawyers filed a criminal complaint with the Istanbul Public Prosecutor's Office about the tenderers.
Istanbul Metropolitan Municipality Mayor Ekrem Imamoglu, ait belonging to the people of Istanbul, very spiritual places for Istanbul, ”Haydarpasa and Sirkeci Station areas tender to eliminate the Istanbul Metropolitan Municipality has been moved to the tender. İmamoğlu said that he aims to win these areas to be used for culture and arts and to prevent a new betrayal in Istanbul and that he will not follow the process in an ordinary way and he wants those who want to see this to look into the eyes of the 23 June results. Imamoglu urged everyone to take office on this issue, acting dozens of lawyers, applying to the District Administrative Court asked for the cancellation of the tender. The lawyers then filed a criminal complaint with the Istanbul Chief Public Prosecutor's Office about the tenderers.
BARGAINING MEETING WITH SINGLE COMPANY
TCDD, Haydarpaşa and Sirkeci stations, approximately 29 thousand square meters of storage areas in idle state amak not to be used in commercial activities X 4 monthly rental price in October 30 thousand pounds tender. Hezarfen Consulting Limited Company and the consortium consisting of İB's affiliate companies Kültür AŞ, İSBAK, Metro İstanbul and Medya AŞ were the finalists. IMM consortium offered 100 thousand monthly and Hezarfen Consulting offered 300 thousand TL. The tender commission announced that the parties will be called to negotiate within 15 days. At the end of the 15 daily process, the Tender Commission announced that the tender was awarded to the company for the rent of 350 thousand TL after the bargaining meeting invited only by Hazerfen Consulting Company. This result was faxed to the IMM, who was not invited to negotiate. İBB President Ekrem İmamoğlu stated that he would follow the process on behalf of the people of Istanbul until the end of the process. He said that all Istanbul lawyers could contribute to the objection of the lawyers.
LAWYERS ACCORDING TO IMAMOGLU'S CALL
The lawyers who started the judicial process on this summit of Imamoglu today argued that the tender on October 14 resulted in contradiction with the legal regulations, public administration and the administrative saving approach in favor of the public and the interests of Istanbul and 16 million Istanbulites. The lawyers of IMM stated that TCDD had made a big mistake and based the reasons for cancellation and criminal complaints:
“TCDD is a State Economic Enterprise established under the Decree-Law (Decree-Law No. 233). According to this Decree Law, it is not subject to the provisions of the General Accounting Law and the State Procurement Law and the audit of the Court of Accounts.
because it is not subject to State Tender Law, TCDD lease contracts, issued on the basis of the said Decree Law 'Republic of Turkey State Railways Immovable Rent Regulation on the Directorate General' is done based. The tender for Haydarpaşa and Sirkeci station areas was also conducted in accordance with the Closed Bid Procedure specified in the Regulation. In the Regulation, the provisions regarding the other tendering procedures are subject to the rule that 'bargaining procedure can be applied in cases where the result cannot be obtained or there is not enough tenderers', but such an opportunity is not stipulated for the Kapalı Closed Bid Procedure'. Regulation 40. In the article, what kind of decisions can be made by TCDD at the end of the Kapalı Closed Tender Procedure bağlanmış is determined and among them there is no continuation of the tender according to the bargaining procedure. In terms of administrative law, it is understood that there is a 'substantial procedural disability' here. 4 At the end of the tender on October, it was announced by the commission that they would be called for a negotiation meeting with Hezarfen Consultancy Limited Company with the business partnership formed by IMM affiliates. However, on the day of the negotiation, the partnership formed by IMM affiliates was excluded from the tender and the tender was given to Hezarfen Danışmanlık Ltd.Şti. The TCDD also invited the Consortium of the IMM Affiliates to negotiate the Tender Commission. This means that the Tender Commission considers that the Consortium of IMM Affiliates considers it sufficient for the tender. Subsequently, the inadequacy of the partnership of IMM Affiliates means that the Commission will carry out a second transaction contrary to its first transaction. In the case of Administrative Law, this is a typical 'SUBJECT' element disability. There are decisions of the Council of State in this direction. ”
CANCELLATION JUSTIFICATION AGAINST LAW
2- In the decision of the TCDD Tender Commission to eliminate the IMM Consortium, the following points are noteworthy: - 'Not each of the tenderers who are joint ventures have submitted a' work experience certificate ', -' The term 'jointly and jointly' instead of 'joint and joint liability' is written in the contract of the partnership. ', -' 19 of the Association Agreement. Article (c) of the article, the provisions of the partnership agreement, the contracts to be made after the tender and the tender documents are given a statement that superior '.
These three reasons are unlawful for only three reasons:
A- There is no obligation in this respect in the specification. The search for a separate work experience document is the interpretation of the commission and is not based on any rule of law. At this point, the following information is also important: While the 4.000.000,00 TL work experience certificate is required in the specification, Kültür AŞ. Has presented 274.798.951,77 TL as the last one year work experience certificate. The decision to exclude tenders is unlawful, based on the obligation to seek work experience certificates in other companies. It is also noteworthy that the 38 of the TCDD Leasing Regulation. According to the article, 'tender envelopes are opened if the tender adequacy' means. The tender envelope of IMM was opened in the tender held on October 4 since the documents were deemed sufficient. However, in the second tender of 18 October, it was decided to be eliminated. This is clearly unlawful practice.
B- Although a phrase with the same meaning has been written, it is contrary to the rule of D HONESTY olan which is one of the most basic legal principles. Article, in determining and interpreting the type and content of a contract, regardless of the words used accidentally or to hide the true purpose, regardless of the actual and common will will be based on the rule bağlanmış. C- The agreement between the persons forming the partnership shall only bind the partners. It does not bind the third party TCDD. Therefore, the opinion that the contract is superior to the one to be made with TCDD and the tender documents is lack of legal basis. is clearly regulated. The meetings of the representatives of Hezarfen Consulting Company with the Ministry to which the tender commission is affiliated were reflected to the press. Upon these negotiations, the tender had to be broken and a new tender had to be opened. Failure to comply with this is a 'fundamental procedure' disability according to Administrative Law.
LEGAL DUTY OF IMM
3- While the tender process is in progress, the Istanbul Metropolitan Municipality, 5216 / o Article 7 / o of the Municipalities Law numbered 3 and the Regulation on the Leasing of Immovable Property with Historical and Cost Value. According to the article, an application has been made to TCDD for direct leasing by bargaining procedure; however, this request was also rejected. 5216 Law No. Metropolitan Municipality Law 7. (o) has assigned the task of m preserving the historical fabric and the places and functions that are important in terms of urban history ine to the Metropolitan Municipalities. It is the duty of IMM to protect the immovables subject to the tender of Haydarpaşa and Sirkeci Station which have the qualifications specified in the Law. The administrative procedure for opening a rental tender contrary to this statutory regulation is essentially contrary to the law. Against this 'rejection decision', the administrative court will also initiate a cancellation lawsuit with the intention of stopping the execution.
EQUIPMENT OBJECTIVE NO RESPONSE
4- In the tender, we objected to the equipment documents amounting to TL 20.000.000,00 submitted by Hezarfen Limited Company on the grounds that it does not meet the requirements; however, no response was given by TCDD administration to this objection. In addition, since the technical inventory of the IMM Consortium is sufficient, a qualifying reason is not applicable. On the other hand, as stated in our appeal; It is also important that Hezarfen Consultancy Company's VAT inventory does not carry the provisions in the specification; because the calculation should have been done without VAT. ”
WORD GAMES AGAINST HONESTY RULES
At the end of their application, IMM lawyers emphasized the following: “The purpose of establishing a joint venture is to fully meet the tender conditions. It is therefore contrary to the purpose of the joint venture to expect each partner to submit a work experience certificate. Furthermore, the business partnership agreement, which is cited as a justification, has been signed between the municipality's subsidiaries and is binding only on the signatory parties. The Procurement Commission's purely interpretation-based quibbles are against the rules of honesty. For the reasons we have mentioned, both the cancellation cases have been filed in order to stop the execution in the Administrative Judiciary and a complaint has been filed to the Chief Public Prosecutor of Anatolia regarding the organizers of the tender. ”