The 11th Administrative Court of Istanbul did not find the case filed by İBB for the cancellation of the tender of Haydarpaşa and Sirkeci stations with a 2-on-1 decision. The judge who objected to the decision; There was an annotation that there was a contradiction between the tender announcement and the tender specifications, that the contradictory rules prevented the competition and that the work experience certificate was not required to be given by every company in the partnership; argued that the tender should be canceled. IMM will carry this court's refusal to the Council of State within the legal period.
Istanbul Metropolitan Municipality (IMM) carried the elimination of İBB Affiliates to the judiciary in October 2019, from the tender of the President of Turkey Ekrem İmamoğlu, the tender of the Haydarpaşa and Sirkeci Gar areas, which he called “very spiritual places for Istanbul”.
In the annulment case at the Istanbul 11th Administrative Court, IMM requested that the transaction be illegal, claiming that it was illegal. The court did not find IMM's cancellation request in line with the 2-on-1 decision. IMM will carry the decision to the Council of State within 15 days, which is the legal period, and bring it to appeal.
In the decision of the 11th Administrative Court of Istanbul; It was stated that all partners forming the joint venture should submit a work experience document separately, except for KÜLTÜR AŞ, MEDYA AŞ, METRO İSTANBUL and İSBAK AŞ did not provide the work experience certificate in accordance with the specifications.
The decision, which includes the view that the tender specifications and the tender announcement do not contradict each other, was argued that the tender announcement was clarified.
The court also did not find the IMM defense that the case was conducted in violation of the regulatory procedures. The statement stated that the company that won the tender had the necessary conditions and the tender was duly conducted.
REFUSES FROM 3 JUDGES TO THE EXCLUSIVE AND CONTRACTED WORDS
On the other hand, the three judges who signed the decision did not accept the words "jointly and jointly", which were presented by the Tender Commission as one of the reasons for the exclusion of IMM affiliates, as a reason.
However, the 2 judges who decided against the IMM stated that "the conclusion that the aforementioned violations, which were shown as the reason for the plaintiffs' exclusion, were not effective in nature, did not have a flawing aspect to the transaction".
THE JUDGANT OBJECTING THE DECISION SHOWED THE CONSULTANCY DECISIONS
Judge Adnan Koray Demirci, who made the decision, said; He stated that there was a contradiction between the tender announcement and the tender document, and the contradictory rules prevented competition, equal treatment and reliability.
Judge Adnan Koray Demirci emphasized that the contradiction between the tender announcement and the tender document was deemed the reason for the cancellation of the tender in the decisions of the Council of State in 2009, 2013, 2017 and 2019.
Noting that there is no arrangement in the tender announcement that each company in the joint venture should present the work experience document separately, Hakim Demirci said, “It is clear that there is a different regulation in the tender specifications and therefore there is a contradiction between the tender specifications and the tender announcement”.
TENDER ADVERTISEMENT TO THE SPECIFICATION
Demirci underlined that the TCDD Real Estate Lease Regulation clearly stated that “it is essential to ensure transparency, competition, equal treatment and reliability and consideration of market conditions in practice” in the TCDD Real Estate Rent Regulation:
“In this respect, it is clear that the ambiguity that occurred in the specification due to the contradiction between the advertisement and the specification should be evaluated within the scope of these principles. In this case, since the terms of the tender announcement and the specifications are not consistent with each other, it was not possible to agree with the majority's votes on the grounds that it was decided to cancel the proceedings by the bet, as there was no compliance with the law due to the violation of transparency and competition principle due to the ambiguity in the tender document. ”
THE TENDER HAS BEEN GIVEN TO A NEW COMPANY INSTALLED IN ISTANBUL
On 4 October 2019, 29 companies of İBB aspired to the warehouse areas of Haydarpaşa and Sirkeci, where TCDD was awarded a lease tender on October 4, XNUMX, for use in Culture and Art Events.
The IMM joint venture offered 100 thousand TL and Hezarfen Consultancy Limited Company offered 300 thousand TL per month, the Tender Commission, which accepted both offers, invited only Hazerfen Consultancy Company to the bargaining meeting at the end of the 15-day process and awarded the tender to this company for 350 thousand TL rent.
On the basis of Article 5216 / o of the Metropolitan Municipality Law No. 7 and “Article 3 of the Regulation on the Rental of Immovable Properties with Historical and Bedii Value”, the application of TBBD was also rejected by IMM for the purpose of leasing directly.
Hezarfen Consulting Limited Company, which was established 10 years ago with a capital of 2 thousand lira by a former IMM employee, has made a capital increase of 1 million liras days before receiving the tender.
İMAMOĞLU: “PUBLIC INSTITUTIONS CAN TRANSFER WITHOUT TENDER”
Pointing out that a public institution can transfer to another public institution without a tender, İBB President Ekrem İmamoğlu said, “I do not even consider that company. Such steps cannot be reached in 6 months and a year without retirement and sweat. It is an important part of a poverty that a company with a 10 thousand lira capital without a website has made a capital increase of 1 million liras the day before the second invitation day while receiving this tender. The Ministry of Transport can give it to IMM if it wishes. There are hundreds of examples of this in Istanbul ”.