The Ankara-İzmir high-speed train project, which was awarded to ERG İnşaat for 2 billion 163 million Euros and whose tender was objected to on the grounds of 'irregularity' and 'unlawfulness', was approved by the Council of State. The giant tender was described as the "biggest tender in the history of the Republic".
The Ankara-İzmir high-speed train project tender, which was given to ERG İnşaat for 2 billion 163 Euros, was granted by the Council of State. The giant tender was objected to on the grounds of “irregularity” and “illegality”.
According to the news of Eneshan Solmaz from OdaTV; The 13th Chamber of the Council of State, following the decision of the local court, decided that the cancellation conditions for the tender were not met.
ERG Construction, which won the case, demanded a 65 percent increase in the auction fee, citing the fluctuation in the foreign currency. If the Ministry of Transport approves, it will come with an additional cost of $1,5 billion.
MADE 'BY BARGAIN'
The tender for the Ankara-İzmir YHT road was awarded to ERG İnşaat on October 14, 2020, with a “negotiable method” of 2 billion 163 million Euros.
A $2.3 billion financing loan agreement was signed with the UK for the work under the externally financed project. The bank that gave this loan was the Swiss Credit Suisse, whose name has not fallen off the agenda with "money laundering".
ALLEGED 'IRREGULARITY' AND 'INFRINGEMENT OF THE LAW'
The Ankara-İzmir high-speed train project, which is defined as the "biggest tender in the history of the Republic", has never been on the agenda since the date of the tender in 2020.
It was claimed that while it should be prepared according to the European Union Foreign Aid Contract Procedures Practice Guidelines (PRAG) rules in internationally financed works, these rules were not followed.
While every foreign-financed tender over 5 million Euros had to be made through the “open tender” method, the tender awarded to ERG İnşaat was made through the “bargaining” method. Technical qualification criteria were also ignored in the tender.
JUDGED JUDGE
For all these reasons, a lawsuit was filed with the Ankara 15th Administrative Court, claiming that the tender was against the procedure. The court approved the tender. Thereupon, the KMB construction company carried out the appeal process and brought the case to the Council of State.
TCA: TENDER RESULT HIDDEN FROM THE PUBLIC
In the application made to the Council of State, he claimed that the "competition and transparency" principles, which are among the basic principles of the tender, were violated, that the tender was made by the "invitation" procedure, and that the "procedure" and "mains" were completely disregarded.
Indeed, it was revealed in the Court of Accounts' report during the trial process that; The result of 9 giant tenders given by the Ministry of Transport was hidden from public opinion. The cost of the hidden tenders was 93 billion 895 million Turkish liras. One of the hidden tenders was the Ankara-İzmir high-speed train tender with a cost of 2 billion 163 million Euros.
The company that won the tender was ERG İnşaat company. Previously, it was on the agenda with the Adana-Pozantı highway tender with the "Build-Operate-Transfer" model worth 4 billion TL.
CHP deputy Deniz Yavuzyılmaz claimed that there was a public loss of 156 million Euros in this tender.
'PERMISSION' IS GIVEN FROM THE STATES OF THE STATE
Last week, the 13th Department of the Council of State put the final point in the Izmir-Ankara high-speed rail tender, which has never been on the agenda.
Chairman Nevzat Özgür, members Süleyman Hilmi Aydın, Dr.Hasan Gül, İlker Sert, Fatih Mert Applause unanimously found the decision of the Ankara 15th Administrative Court to be appropriate, and decided that there was no reason to "return" the tender.
ERG CONSTRUCTION REQUESTED A HIGH TENDER FEE
ERG Construction, which won the case, demanded a 65 percent increase in the auction fee, citing the fluctuation in the foreign currency. This will bring a new additional cost of approximately 1,5 billion dollars.
It is stated that ERG Construction company's request for additional hike will be discussed and decided by the Ministry of Transport within this week.
AKKUM: WE WILL TAKE IT TO THE HIGHEST JURISDICTION
Faruk Akkum, the owner of the KMB firm, who went to the Council of State for the cancellation of the tender, stated that the reasoned decision has not reached their hands yet and said, “We will follow this matter until the end, if necessary, we will go to the highest judicial body. The procedure and discovery of this tender, everything is wrong," he said.
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