Izmir Metropolitan Municipality announced that there is no legal obstacle to the construction of Buca Metro, one of the biggest transportation projects in the history of the city. In the statement made by the municipality, it was stated that the decision was made in the case, which was brought to the Council of State upon the objection to the tender, and that the request of the Nurol-Yapı Merkezi Joint Venture to be accepted as valid directly was not deemed appropriate.
The objection and judicial process regarding the construction tender of the Buca Metro, the foundation of which was laid in February, has ended. With the decision taken by the Council of State, it has been registered that there is no legal obstacle to the continuation of the construction work of the metro in the same way. The following statements were made in the statement made by the Izmir Metropolitan Municipality on the subject:
“As İzmir Metropolitan Municipality, we happily announce to the public that there is no legal obstacle in front of the Buca Metro, which we set out to build in order to expand the rail system network of our city and to establish a comfortable, environmentally friendly and fast transportation infrastructure. In line with the decision taken by the 13th Chamber of the Council of State, the construction work of the Buca Metro will continue from where it left off, and the biggest project in the history of Izmir will be carried out in accordance with the planned schedule.
The 13th Chamber of the Council of State announced its decision regarding the case of the Nurol-Yapı Merkezi Joint Venture, which was not evaluated in the tender because it submitted a bid that did not comply with the specifications, and finalized its appeal against the decision given by the İzmir 4th Administrative Court and the bid being considered valid. as rejected.
As it is known, Izmir Metropolitan Municipality signed a loan agreement with the European Bank for Reconstruction and Development (EBRD) on 28.7.2021 for the construction of the Buca Metro, and the tender was in accordance with the relevant loan agreement and the provisions of clause (c) of the 4734rd article of the Public Procurement Law No. 3. was carried out within the framework of the rules stipulated by the EBRD in terms of procedures and principles.
As stated in the reasoned decision of the Council of State, the request of the Nurol-Yapı Merkezi Joint Venture to be accepted as valid directly was not deemed appropriate, and it was decided that they should be asked for a second explanation.
The tender commission had done this before and it was decided to reject the offer with justification. At this stage, the trial process has ended. Since the administrative procedures established do not require changes in the previously signed contract, there is no legal obstacle to the continuation of the construction work in the same way. Good luck to Izmir and Buca.”