The tender for the City Hospital extension of the İzmit tram Akçaray was also included in the TCA reports of the Ministry of Transport and Infrastructure. The auditors noted in their reports as an irregularity that the tender was negotiated, citing the haste of the work for the tram extension, which did not appear to be in a hurry due to the duration of the tender.
According to the news in Independentkocaeli; “The Court of Accounts 2020 reports have been announced. In the reports of the Ministry of Transport and Infrastructure, Kocaeli City Hospital Tram Line, the construction of which was transferred to the ministry by the metropolitan municipality a while ago, was also included. The auditors determined that the tender for the tram line in question was made by bargaining is against the procedure. The following statements were included in the reports of the TCA: “Kocaeli City Hospital Tram Line Construction Work and Bursa Emek City Hospital Light Rail System Line and Electromechanical Works, which were tendered by AYGM in accordance with the clause (b) of the 4734st article of the Law No. 21 It has been determined that the tenders were canceled by the administrative judiciary on the grounds that they did not meet the conditions for the bargaining procedure stipulated in the Law.
NOT NEW LINE, EXTENSION
Kocaeli City Hospital Tram Line Construction Work by AYGM Urban Rail Systems Construction Department was tendered and contracted according to subparagraph (b) of Article 4734 of the Law No. 21. In the tender approval document for the construction work, it is understood that the construction work is an extension of the existing tram line, it is special in terms of construction technique and it is urgent because it provides access to the city hospital, and it has been decided to go out to tender by bargaining method.
THE COMPANY NOT INVITED FILED A CASE
A lawsuit was filed by a company that was not invited to the tender at the Ankara 21rd Administrative Court for the cancellation of the tender, on the grounds that the said work does not meet the conditions listed in Article 3/b of the Public Procurement Law, and the tender was canceled with the decision of the Ankara 3rd Administrative Court dated 29.12.2020. decided. In the aforementioned decision, the urgency, which is one of the conditions sought in the Law for the implementation of the bargaining procedure, means not only the conclusion of the tender process as soon as possible, but the condition that the tendered construction work must be completed as soon as possible, and the determination of the completion time of the work in question as 730 days is urgent. It was stated that the construction work, which should be completed in a short time due to its nature, spread over a long period of 2 years, the conditions in Article 4734/b of the Law No. 21 and the urgency should be understood as the urgent completion of the work subject to the tender.
Although the conditions for the tender procedure with the bargaining procedure were not met by the Ministry, the cancellation of the tenders was decided by the court decision after the above-mentioned construction works, which were contracted by the bargaining procedure, were delivered. It is foreseen that these works should be re-tendered, and the removal of the established construction sites and other transactions related to the liquidation procedures will also cause new problems and time losses. It is considered that this waste of time requires much more time than the time difference between the tendering of the works by bargaining and the basic tendering procedures. In this respect, in cases where the conditions for tendering the works according to the bargaining procedure, which is an exceptional tender procedure, are not met, the basic tendering procedures should be used.”