Izmir Metropolitan Municipality announced that the objection process made with the European Bank for Reconstruction and Development (EBRD) regarding the construction tender of Buca Metro has been concluded and the objection has been rejected. The EBRD Complaints Committee Supreme Board stated that it has carefully examined and concluded that the complaint cannot be accepted. With this decision, the EBRD has approved the commission's decision on Buca Metro.
In the statement made by the Izmir Metropolitan Municipality, it was stated that their righteousness was once again confirmed, and that the decision of the Izmir 4th Administrative Court would be appealed to the Council of State. It was also emphasized in the decision that the EBRD's final decision is final and not subject to appeal.
European Bank for Reconstruction and Development Complaints Committee, Nurol İnş. ve Tic. A.Ş and Yapı Merkezi İnş. ve Sanayi A.Ş. Joint Venture rejected the complaint about the decision of the tender and approved the decision of the tender commission. The EBRD concluded that the carefully examined complaint was not admissible. The decision stated that the EBRD's final decision is final and not subject to appeal.
Nurol İnş. ve Tic. A.Ş and Yapı Merkezi İnş. ve Sanayi A.Ş Joint Venture was rejected by the EBRD Complaints Committee Supreme Board.
In the text of the decision, since the financing of the project was covered under the loan agreements signed with the EBRD, the Asian Infrastructure Investment Bank (AIIB), the French Development Agency (AFD) and the Black Sea Trade Development Bank (BSTDB), the two-stage tender process is in accordance with the EBRD rules and the EBRD's electronic tender. It was reminded that the portal was made through ECEPP.
Nurol İnş. ve Tic. A.Ş and Yapı Merkezi İnş. ve Sanayi A.Ş., İzmir 4th Administrative Court decided to cancel the tender decision for the construction of Buca Metro.
to be transferred to the Council of State.
In the statement made by the Izmir Metropolitan Municipality, “Although Izmir Metropolitan Municipality is fully bound by the law and judicial decisions, the aforementioned 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.
The following statements were included in the statement made by the Izmir Metropolitan Municipality:
The tender for the construction of the Üçyol-Buca line, which constitutes the 5th Stage of the İzmir Light Rail System, will be financed by the European Bank for Reconstruction and Development (EBRD), in accordance with the EBRD rules and with the EBRD's electronic tender portal ECEPP, according to the two-stage tender procedure in accordance with the contract made. carried out over.
Nurol Construction and Trade Inc. and Yapı Merkezi İnşaat ve Sanayi A.Ş. A lawsuit has been filed with the request for the cancellation of the transaction and the stay of execution on 6 December 2021 regarding the Notification of the Tender Evaluation Result.
All works and procedures related to the tender process of the subject of the lawsuit and the tender process until the tender is concluded by examining and evaluating the tenders of all bidders;
- European Bank for Reconstruction and Development (EBRD) 'Procurement Policies and Rules'
- EBRD's Standard Procurement Documents (SPDPW)
- The tender was carried out in accordance with all tender documents and EBRD legislation, including but not limited to the price charts prepared by our Administration and given to all the bidders who will grant the copyright to the tender, and the work items and quantities that make up the construction of the work subject to the tender, among the tender documents.
Pursuant to the Directive on the Review of Supply Complaints, the plaintiff Yapı Merkezi – Nurol Joint Venture applied to our Municipality with a request to inform the parties in detail about the reasons why the said work was not awarded to them. took the matter to the EBRD Procurement Complaints Committee. Although the claimant's complaint is still in the evaluation stage and the process has not been finalized in this sense, an action for annulment of the transaction has also been filed in the Administrative Court.
In this process, the objection of the plaintiff regarding the tender decision was evaluated independently at the EBRD and it was decided to reject the objection of the plaintiff as of 23.03.2022. The Procurement Complaints Review Directive states that the EBRD's final decision is final and not subject to appeal.
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, which all of Izmir has been waiting for, will be implemented without any further loss of time.”
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