All Details Regarding the Cancellation of the Buca Metro Construction Tender Decision

All Details Regarding the Cancellation of the Buca Metro Construction Tender Decision
All Details Regarding the Cancellation of the Buca Metro Construction Tender Decision

At the second meeting of the Izmir Metropolitan Municipality Council in March, the decision to cancel the decision of the Buca Metro construction tender by the court came to the agenda. Murat Aydın, Member of Parliament from the Republican People's Party, conveyed all the details of technical information that will shed light on the public as a lawyer. Expressing that the decision is not related to the essence of the transaction, only two procedural details were brought to the fore, Aydın said that the process will continue after the mentioned deficiencies are eliminated.

The second meeting of the Izmir Metropolitan Municipality's ordinary assembly meeting in March was held at the Ahmed Adnan Saygun Art Center (AASSM) under the administration of Deputy Mayor Mustafa Özuslu. In the off-topic speeches section of the meeting, the decision to cancel the decision of the Izmir 4th Administrative Court regarding the construction tender of the Buca Metro, the biggest investment in Izmir's history, came to the fore. Republican People's Party (CHP) Group Sözcüsü Nilay Kökkılınç, while answering the criticisms from the opposition, the Mayor of İzmir Metropolitan Municipality Tunç SoyerHe emphasized that he should be given his due for his efforts related to the project. At the same time, CHP Member of Parliament Murat Aydın shared all the technical details of the tender process with the public.

“İzmir will overcome this very easily”

Stating that there was intense demagoguery regarding the process, Kökkılınç said, “The court canceled the result. Court decisions are put into effect within 30 days, when the deficiencies in the form here are fulfilled, the court decision will be fulfilled and metro operations will start quickly. Izmir Metropolitan Municipality Mayor Mr. Tunç SoyerIt is absolutely necessary to give his due. Buca Metro is one of the biggest investments of İzmir. İzmir can overcome this very easily. It is not a court decision that interrupts the process. He said, “Izmir Metropolitan Municipality obtains the loans that the government cannot get because of its high credit rating.”

Technical information that sheds light on the public

CHP Member of Parliament Murat Aydın, on the other hand, used the following statements in his wide-ranging technical briefing within the framework of his legal identity:
“This court decision is a court decision that must be fulfilled by the administration within 30 days and the issues specified in the decision must be fulfilled. It is a decision that can be appealed before the Council of State within 15 days. It found that this tender process was made in accordance with the rules of the European Development Bank, apart from our domestic law no. 4734. The tender law enacted by your government says that these provisions are legal. The administrative court, which you have already described, finds this action taken by the Izmir Metropolitan Municipality to be correct. The court also finds it appropriate to examine the extremely low offer, which corresponds to 9,9 percent of the total price and 55 percent of all work items. Be careful! Extremely low bids were set in 100 of 55 items. He says the total amount of this is 318 million liras, he does not say that it is 529 million liras. He says that 318 million 391 thousand 540 liras is 28 cents. Izmir Metropolitan Municipality requests documents supporting the price analysis of 77 business items. He says how are you going to do this? If you look at two things when giving a tender to someone; Does it have a qualification, can the companies that pass this proficiency test finish this job with the price they give? Doesn't this country remember dozens of jobs that were bought at low prices and then left unfinished? Don't we remember the works that were re-tendered because they could not be completed, and the public resources were consumed more? This legislation was put in place for this, it was put in place by this government. That's why the extremely low price inquiry was made. Legislation does not say 'Give to lowest'. He says, 'Give the lowest you can'. The court found all the elements to be lawful except for two technical parts. What are the two reasons? He said something about the method. He says, 'You get the offers, you determine the offer that will be subject to the lowest value review, then you ask the company that made this low offer, 'you want to explain how you will do this job with this price' he says. These are all done. The company made this explanation and said 'my price is realistic'.

Izmir Metropolitan Municipality could then leave it here and take a decision. But he didn't. He had this whole process audited by an international independent auditor. This is something that is not encountered in the procurement mechanism of this country. He had it audited by an independent auditor firm, and he used to do this through his own bureaucracy. No. Found another review. That independent auditor also found this explanation insufficient. The court says; "After that, he did not express his concerns in writing to the bidder that the contract was still seriously unstable," he says. First reason for cancellation. Do you know what he bases this on? says; He says, 'You should have stated in writing that you were not convinced of this even after the plaintiff company explained its lowest offer.' The metropolitan has reported this with the auditor's report, but the court finds it insufficient. It's possible. This will be one of the reasons to go to the Council of State. Do you know what the second reason is? It's much more interesting. He says; He says, 'You have not provided concrete information and documents that the company that submitted the offer has examined the preliminary work program'. Each of the documents in the tender dossier shall not be annotated as examined. Every document in the tender dossier was examined. 'You have not taken into account the special conditions of the project site,' he says. In a tender such as a subway tender, the characteristics of the project site and how the work will be done have already been done with the tender specifications and previous technical work. It is not possible for a company to act outside of that specification or to perform the work in any other way. Everything in the field is already in the tender specifications. Is it right or wrong? Of course, the judicial process will be completed. The decision is yet to go to the appeal stage. In other words, it must be said that the judicial process is not over. This court decided the transaction regarding such a large tender without any expert examination. Of course, the court can decide a matter without any expert examination. The credit is his own. I know how that system works. This is not the way we know. What will happen next? The people of Izmir are most curious about this.”

“1 shortcomings were found for a work of around 2 billion euros”

“Mr. President also said; that metro will come to Buca. That job will be done. No matter who puts up any obstacles, no matter what discussion is made, that subway will come. This stormy court decision is not about the substance of the transaction. It did not make a decision that required a complete renewal of the tender process. He mentioned two missing documents. Report your concerns in writing, evaluate the field. Administration will probably do two things at once. A; will continue the legal process, the Council of State will go on its way. Two; Since this decision has entered into force, it will correct the two shortcomings and re-establish administrative action. The people of Izmir should not worry; they have a municipal and municipal government to be proud of. These are the 16 missing parts of this entire 2-page court decision. This is what is found for work to be completed around 1 billion euros. The annulment decision of the court regarding the tender is related to two documents”.

Günceleme: 17/03/2022 10:20

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