Buca Metro Construction Tender Canceled by Court Decision!

İzmir 4th Administrative Court canceled the decision in the Buca Metro tender made by İzmir Metropolitan Municipality. The court decided to hand over the construction work of the subway project given to Gülermak A.Ş. to the joint venture of Nurol İnşaat-Yapı Merkezi.

In the statement made by the Izmir Metropolitan Municipality regarding the cancellation of the Buca Metro construction tender; Nurol İnş. ve Tic. A.Ş and Yapı Merkezi İnş. ve Sanayi A.Ş., by the Izmir Metropolitan Municipality, with the tender for the "Izmir Light Rail System 5th Stage Üçyol-Buca Intermediate (Line) Construction Work (Izmir Metro Project III)" and our municipality dated 06.12.2021 regarding the "Notification of the Tender Evaluation Result" In the lawsuit filed for the cancellation of the transaction, with the decision of the 4th Administrative Court of İzmir, numbered 202/4 E.- 2022/621 K. illegal it was decided to cancel the action in question.

First of all, it should be known that the tender process of the subject matter of the case falls outside the legal framework on which the court is based. (All work and activities related to the tender process until the tender is decided upon by examining the offers of all bidders, evaluating whether the given offers are seriously 'Imbalanced Bid' or 'Preloaded Bid' or 'Abnormally (Extremely) Low Bid'.) The transactions were not carried out based on the Public Procurement Law No. 4734 in force in Turkey and the provisions of the Construction Works Tenders Implementation Regulation, which is one of its secondary legislation, and the explanations of the Public Procurement General Communiqué, and the decisions of the Administrative and Regional Administrative Courts, including the Supreme Court Council of State.) .

Two-stage tender process, as the financing of the subject matter of the case was covered by loan agreements signed with the European Bank for Reconstruction and Development (EBRD), Asian Infrastructure Investment Bank (AIIB), French Development Agency (AFD) and Black Sea Trade Development Bank (BSTDB). According to the rules of the European Bank for Reconstruction and Development (EBRD) and ECEPP, the EBRD's electronic tender portal.

For this reason, it is necessary to examine the bids of all bidders and bidders, to determine and evaluate whether the bids are seriously 'Imbalanced Bid' or 'Preloaded Bid' or 'Abnormally/Extremely (Extremely) Low Bid' and then the tender is decided. all work and transactions related to the tender process;

• European Bank for Reconstruction and Development (EBRD) 'Procurement Policies and Rules',
• from the EBRD's Standard Procurement Documents (SPDPW) and included or referenced in the tender documents;

1. To the 'Part I: Instructions to Bidders (ITP)', which includes the procedures, principles and rules for the preparation, submission, evaluation and decision of the tender for the First and Second Stage tenders,
2. 'Section III: Evaluation Method', in which the procedures, principles and rules regarding the Evaluation of First and Second Stage Proposals are determined,
3. Please refer to the "Guideline for Evaluation of Abnormally Low Bids for Labor Contracts (Guide)" dated 01 August 2019, which includes the procedures, principles and rules regarding the determination and evaluation of Abnormally Low Bids, and the Analysis Format in its annex (Annex:- Sample Form for Detailed Analysis of Unit Prices.) ,

• The tender was carried out and the tender was concluded in accordance with all tender documents including but not limited to the Price Charts prepared by the Administration and given to all the tenderers who will grant the copyright to the tender, and the Work Items constituting the construction of the tender subject and their quantities, among the tender documents.

Although Izmir Metropolitan Municipality is completely bound by the law and judicial decisions, the said decision, which was given as a result of incomplete and insufficient examination by the court, will be appealed to the Council of State with a request for a stay of execution and a hearing within 15 days.

Izmir Metropolitan Municipality has made the right decision in the light of scientific facts and within the legal framework. We will continue to work with determination and determination so that the legal process will be completed as soon as possible and this very important service that all of Izmir has been waiting for, without any further loss of time.” expressions were used