Procurement Notice: Kayaş - Irmak - Kırıkkale - Çetinkaya Electification Plant

RESOLUTION OF THE PUBLIC PROCUREMENT BOARD
Meeting No: 2012 / 041
Agenda No: 6
Date of Decision: 18.07.2012
Decision No: 2012 / UY.II-2892
________________________________________
Complainant:
Savronik System Taah. San.Ve Tic.A.Ş., ORGANIZED INDUSTRIAL ZONE 10. CHAD. NO: 10 ESKISEHIR
The contracting authority:
General Directorate of Turkish State Railways (TCDD) General Directorate, General Directorate of TCDD 06280 ANKARA
Application date and number: 11.06.2012 / 21420
Tender: 2012 / 37411 Tender Registration Number ık Kayaş - Irmak - Kırıkkale - Çetinkaya Electrification Plants Construction İhale Tender
Investigation and Evaluation by the Authority: In accordance with the mak Kayaş - Irmak - Kırıkkale - Çetinkaya Electrification Facilities Construction yol tender conducted by the Turkish State Railways General Directorate on the date of 13.06.2012, Savronik Sistem Taah. Singing. and Tic. Has filed a complaint with the 01.06.2012 dated letter of 11.06.2012 and filed a complaint with 11.06.2012 and 21420.
As a result of the investigation made under the complaint file 2012 / 2241, a review report was issued.
Ruling: The main review report and its annexes were examined:
In summary, in the complaint petition;
1) In the 7.5.4 article of the administrative specification; El 1 Unit Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both sides of the traction) and 1 pieces that can be transported on land will be the property of the tenderer (Rail-Road with crane and / or platform). documents and specifications showing the documents will be presented within the scope of the proposal.
In the 7.5.4 article of the administrative specification, the catenary tool with the desired platform nam min. 60km / h can be used in the 1 model of the Unimog brand.
In addition, the said qualification criterion includes the istatistik own property yayım requirement for the machine demanded in contradiction with the provisions of 41 clause in the X Implementation Regulation of Construction Works Tender “, when 15 year before the date of the tender, 90 part is completed. In the last 15 year period,% 9 of the works subject to the tender is realized, in other words, for the works similar to the subject of the tender, the sum of the works executed in the last 15 year, including the% 9 part of the works performed and or repair / maintenance works are very few only to domestic companies such auctions that operate in Turkey can offer these companies, while other companies were forced to form business partnerships with various foreign firms, but in this case the administrative o In accordance with the 35.4.1 clause of the article, it is not possible to create competition due to the price advantage in the rate of% 15 in favor of the domestic bidder; the price advantage application should be removed,
2) 1, 2, 3, 4 and 5 of 126, 5, 4734 and 5. ; ”It is not possible to include in the scope of this tender the procurement of the ve catenary maintenance vehicle sürece which has no natural connection with the construction work subject to the application in accordance with the provision of” goods procurement, service procurement and construction works cannot be contracted unless there is an acceptable natural connection between them. “
Their claims are given.
As a result of the following factors to evaluate the claims of the applicant it has been determined:
1) Regarding the applicant's claim to 1:
In the 7.5.4 article of the administrative specification; Donanım Documents relating to machinery, equipment and other equipment: The Contractor shall have sufficient technical equipment, machinery and equipment, including, but not limited to, the following:
For Part I:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Part II:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Part III:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Part IV:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Part V:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Part VI:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Section VII:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
35.4.1 of the said specification; Acak In this tender, price advantage shall be applied at the rate of 15% 15 (in figure and in writing) in favor of the domestic tenderers in the evaluation of the tenders. Joint ventures with foreign real and / or legal persons among its partners cannot benefit from this price advantage. The price advantage in favor of domestic tenderers shall be calculated by adding the amount to be found by applying the aforementioned price advantage ratio on the prices offered by the foreign tenderers.
It is claimed that the 7.5.4 and 35.4.1 articles of the administrative specification are regulated in contradiction with the legislation under the first claim of the applicant.
Article 6 titled “Application deadlines X of the By-Law on Applications for Tenders are as follows; Eye The duration of the complaint to the administration; In the case of applications for tenders in accordance with paragraphs (b) and (c) of the first paragraph of the first paragraph of Article 21 of the Law from the day following the date on which the transactions or actions that are subject to the complaint in the tender process must have been realized or realized, it is ten days in other cases.
However, complaints regarding the announcement and prequalification or tender document may be made up to three business days before the deadline or the deadline for submission before the application or proposal is submitted, provided that the period in the first paragraph does not exceed.
The duration of the complaint filed with the Authority; In case of applications against the decision of cancellation made by the administration on complaint or objectionable complaint, it shall be five days and in other cases it shall be ten days.
Article 7, titled ”General principles on time X of the aforementioned Regulation; "Times;
a) The first announcement date for applications for the advertisement,
b) The date on which the document was purchased, the date of receipt of the tender document in the tenders for the procurement of tenders between certain tenderers and the date of notifying the addendum in the applications for the addendum, for the provisions of the prequalification or tender documents not reflected in the announcement.
Article 7 of the Regulation on Applications for Tenders starts from the day following the first announcement date in the applications for admission in the 6 clause. Article 5 of the first paragraph of the article in accordance with paragraphs (b) and (c) of the applications for tenders of five days, in other cases ten days is taken into consideration.
In the examination, in the article 4.3.3 of the procurement notice; Donanım Documents relating to machinery, equipment and other equipment: The Contractor shall have sufficient technical equipment, machinery and equipment, including, but not limited to, the following:
For Part I:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Part II:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Part III:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Part IV:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Part V:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Part VI:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the documents showing the technical specifications shall be submitted within the scope of the proposal.
For Section VII:
1 Piece Platform Catenary Tool (On the rail, the 60km / h speed can be forward-backward, both-wheel drive) and the 1 Piece can be transported on land (with Rail-Road crane and / or platform). and the specifications showing the technical specifications shall be submitted within the scope of the proposal.
Furthermore, in the article 6 of the procurement notice; Tır The tender is open to all domestic and foreign tenderers.
The tender is open to all domestic and foreign bidders and in accordance with the principles set by the Public Procurement Authority, the price advantage will be applied at the rate of% 15 in favor of domestic tenderers. it is understood to be taken.
It is understood that the complaint application to the administration was made after the deadline, while the 10 following the day of the announcement of the complaint applications regarding the arrangements reflected to the advertisement should be made within the day. It is therefore necessary to reject the application in respect of the applicant's claim.
2) Regarding the applicant's claim of 2:
In the 2 clause of the administrative specification, the name of the work subject to the tender is; An Kayaş - Irmak - Kırıkkale - Çetinkaya Electrification Plants Construction k is the bid price signed by the bidder and the amount of each item in the 19 clause of the said specification. In the 20 clause of the specification, the tenderers can submit bids for the entire project and they can submit proposals for the works included in Part I, Part II, Part III, Part IV, Part V, Part VI, Section VII or Section VIII.
In the 46 article of the administrative specification; "46.7. The documents related to the catalog and photographs and technical requirements of the catenary maintenance vehicle, which is included in the tenderers' proposals for the Part I, Part II, Part III, Part IV and Part V, shall be submitted in Turkish or English together with the proposal. If these documents are not provided with the proposal, the proposal will be excluded from the evaluation. The said regulation is also included in the article 13 of the procurement notice.
In addition, it was understood that the item 126 is the catenary maintenance vehicle in the items prepared according to Section I, Part II, Part III, Part IV and Part V in the unit price bidding chart of the subject subject to the tender.
Article 4734 of the Kanun Definitions “of the Public Procurement Law no. Un In the implementation of this Law;
Goods: All kinds of goods purchased and their movable and immovable property and rights,
...
Construction: Building, highway, railway, highway, airport, dock, harbor, shipyard, bridge, tunnel, metro, viaduct, sports facility, infrastructure, pipeline transmission line, communication and power transmission line, dam, power plant, refinery plant, All kinds of construction works such as irrigation plant, soil improvement, flood protection and pickling, and installation, production, supply, transportation, completion, major repair, restoration, landscaping, drilling, demolition, strengthening and erection works and similar works related to these works, Ir is the provision.
In the article 5 entitled X Basic Principles An of the said Law; De In the tenders to be made in accordance with this Law; is responsible for ensuring transparency, competition, equal treatment, credibility, confidentiality, public control, meeting the needs on time and on time and to the efficient use of resources.
Unless there is an acceptable natural connection between them, procurement of goods, procurement and construction works cannot be contracted together. Ar
In order to determine whether the procurement realized under the scope of the Public Procurement Law No. 4734 is to be performed according to the procurement of goods, services or works contracts, it is necessary to determine which purchase is covered by taking into account the definition of goods, services and construction in the 4734 article 4. On the other hand, if the work subject to the tender is not merely the procurement of goods or service only or only the construction work; it is.
In the second paragraph of 4734 article 5; Except for an acceptable natural connection between them, procurement of goods, services and works can not be contracted together. I with the provision of only the procurement of the scope of the work, only the procurement of services or only works are not comprised of exceptional circumstances and the scope of the tender field of procurement of goods, service procurement and construction works were provided with the condition that işler there is a natural connection between them işler.
Although we have briefly stated in the response letter to the complaint application made by the Administration, we have requested from the administration ı the 29.06.2012 date and our 2241-1821 numbered birlikte to explain the natural connection between the X catenary maintenance vehicle “received in the scope of the bidding and the electrification facility construction.
With the letter dated 03.07.2012 of the administration; Yer In the scope of TCDD KCEP TK 501 Catenary Maintenance Bus technical specification; Al This specification has been prepared for the determination of the conditions to be searched for the technical specifications of the construction vehicle in the establishment and operation (measurement, maintenance, repair and adjustment) of the railway electrification stationary facilities in accordance with the rules of technology. Ifik As can be seen here, catenary maintenance vehicles are essential equipment for the installation and operation of railway electrification plants. Especially in conventional lines that do not have a special service path parallel to the railway, transportation is generally provided by railway and the construction works are carried out mainly by railway. Therefore, it is not possible to perform electrification plants without using the catenary maintenance bus which is going on at the railway at certain speeds (at the speed that can open the main line in the minimum time and enter the shelter ways).
Kataner maintenance vehicles are self-propelled and can move in both directions independently on the railway line. The catenary has a movable platform on maintenance vehicles that can reach the level of the travel wire. They also have a pantograph that can control the technical quality of the plant being built. In order to install the equipment to be assembled, there are crane equipment on them. In addition, camera systems are available to provide all controls during and after construction. All of these equipment is used during the construction of the electrification plants, during and during the checks. Tesis.
The statement made by the administration, the cost and the catenary maintenance vehicle technical specifications as a result of the examination of the tender, during and after the construction of the work required to carry out the maintenance of the catenary maintenance in the construction of the car as needed to determine the need for the construction of the natural connection between the construction of the railway electrification facilities and the construction works with the catenary In accordance with the Article 5 of the Public Procurement Law, it was concluded that there was no violation of the legislation in the realization of the acquisition of the maintenance car.
On the other hand, when the subject of the tender is composed of at least two of the goods, services, procurement or works, which are the natural link between them, in general, in determining the procurement method which will be the basis of the tender, the approach has a large share in terms of the cost within the approximate cost of the subject work and which constitutes the basis of the work the other part of the work which is the natural link between them is to be tendered together with this method. From the analysis of the approximate cost, the total cost for the 1st part is determined as 44.063.670,00 TL, the catenary maintenance vehicle is the 1.600.000,00 TL of this cost. The approximate cost for the part is determined as 43.007.527,00 TL, and the catenary maintenance vehicle constitutes the 1.600.000,00 TL of this cost. IIII. The total cost for the part is determined as 36.122.297,00 TL and the catenary maintenance fee is 1.600.000,00 TL. The total cost for the part is determined as 36.194.475,50 TL, the catenary maintenance vehicle is the cost of this cost 1.600.000,00 TL, the total cost for Section V is determined as 25.328.908,00 TL, the catenary maintenance car is the cost of this cost 1.600.000,00 TL, the total approximate cost is 380.555.243,50 TL and the catenary maintenance 8.000.000,00 total cost was determined. In this case, it was concluded that the whole work by the administration was not contrary to the legislation in the tendering process in accordance with the provisions of the Implementation Regulation of the Construction Works Tenders.
For the reasons explained, in accordance with the 4734 clause of 65, this decision shall be notified or notified.
The rejection of the complaint application filed under sub clause (c) of the tenth paragraph of Article 54 of the said Law;
It was decided unanimously.
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