Kayseri Adana Electrification Tender concluded in favor of Ultra: Kayseri-Boğazköprü-Ulukışla-Yenice, Mersin-Yenice-Adana-Toprakkale Line Section Electrification Plant tender was awarded on 01.02.2012. Ultra Tek which gives the best price to the tender. Singing. ve Tic. A.Ş was the winner of the tender consisting of 5 sections. Sahin Yilmaz Energy Const. Taah. Singing. Tic. Ltd. Sti. + Emre Ray Energy Construction Singing. Tic. Ltd. Ltd. Şti announced its corrective decision.
The decision text is exactly as follows:
This decision has been issued to the communiqué in accordance with the provisions of the Communiqué No. 7201 and the publication of the decision on the website of the Authority is not a substitute for the communiqué. The decision is published for information purposes.
NUMBER OF OFFICIAL NEWSPAPERS:
OFFICIAL NEWSPAPER HISTORY:
PUBLIC TENDER BOARD DECISION
Meeting No: 2013 / 039
Agenda No: 77
Date of Decision: 29.05.2013
Decision No: 2013 / MK-163
Complainant:
Şahin Yılmaz Energy Construction Taah. Singing. Tic. Ltd. Sti. + Emre Ray Energy Construction Singing. Tic. Ltd. Sti. Joint Venture
Tenderer's Office:
General Directorate of State Railways Directorate of Materials Department
Application Date and Number:
Subject to Application:
Ankara 01.08.2012 on the decision of the Public Procurement Board dated 2012 and 3142 / UY.III-8. Establishment of the decision of the Administrative Court on the decision that there is no place for decision 17.04.2013 dated E: 2012 / 1611 and K: 2013 / 706
Review and Evaluation by the Authority:
Decision:
General Directorate of State Railways General Directorate of Materials Department on the 01.02.2012 open tender procedure on the “Kayseri-Bogazkopru-Ulukisla-Yenice, Mersin-Yenice-Adana-Toprakkale Electrification Facilities for the Establishment of the tender Şahin Şahin Yılmaz Enerji İnş. Taah. Singing. Tic. Ltd. Sti. + Emre Ray Energy Construction Singing. Tic. Ltd. Sti. Upon the application made by the Joint Venture, with the decision of the Public Procurement Board dated 01.08.2012 and 2012 / UY.III-3142; 1) of the tender. the rejection of the complaint against the applicant pursuant to paragraph (c) of the tenth paragraph of the article 1 of the Law no. 4734,
2) To determine the corrective action in accordance with paragraph (b) of the tenth paragraph of Article 4734 of Law 54 with respect to the parts II, III and V. of the tender,
3) IV. section of the application, redd the decision was rejected.
With the request for the suspension and cancellation of the execution of the said Board decision, Şahin Yılmaz Enerji İnş. Taah. Singing. Tic. Ltd. Sti. + Emre Ray Energy Construction Singing. Tic. Ltd. Sti. in the case opened by Ankara 8. With the decision of the Administrative Court dated 18.01.2013 and numbered E: 2012 / 1611 “Ultra Ultra Ultra Tek. Singing. ve Tic. Inc. Since the Board's decision regarding the rejection of the application related to the work experience certificate submitted by the Company may be difficult to recover, X ”was decided to be stopped without the guarantee under Article 2577 of the Law No. 27.
Pursuant to the aforementioned Court decision, the Board's decision 28.02.2013 and 2013 / MK-61 and ile 1-01.08.2012 / UY.III-2012 decision of the Public Procurement Board dated 3142 numbered I, II, III and V of the tender. Singing. ve Tic. Inc. cancellation of the part regarding the evaluations related to the work experience certificate submitted by
2- For the reasons set out in the aforementioned court decision, in relation to parts I, II, III and V. of the tender, Ultra Tek. Singing. ve Tic. A.Ş.'s proposal for the exclusion from the evaluation, the corrective action shall be determined in accordance with the sub-paragraph (b) of the tenth paragraph of the article 4734 of the Law No. 54.
This time Ankara8. With the decision of the Administrative Court dated 17.04.2013: E: 2012 / 1611 and K: 2013 / 706 “ğinden Since the representative of the plaintiffs declared that she had waived the case with her petition dated 10.04.2013, it was decided that there is no place to decide on the waiver of the case.
In the fourth paragraph of Article 138 of the Constitution, it is stipulated that the legislative and executive bodies and the administration are obliged to obey the decisions of the court, that these bodies and the administration cannot change the court decisions in any way and can not delay their execution.
On the other hand, in the first paragraph of Article 2577 of the Administrative Procedure Code 28, the Council of State, regional administrative courts, administrative and tax courts are obliged to establish or take action without delay, according to the merits of the decisions of the administrative and tax courts. The decision cannot exceed thirty days starting from the notification of the decision to the administration.
According to the requirements of the said decision, the Public Procurement Board should establish a transaction.
For reasons explained;
1- Cancellation of the Decision of 28.02.2013 dated 2013 / MK-61 of the Public Procurement Board,
2- In line with the decision of the Public Procurement Board dated 01.08.2012 and numbered 2012 / UY.III-3142, Ultra Tek. Singing. ve Tic. Inc. with respect to the work experience certificate submitted by the Company, the rejection of the application for objection in accordance with the subparagraph (c) of the tenth paragraph of the article 4734 of the Law No. 54,
It was decided unanimously.
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