Irregularities in the tender process carried to the judiciary were detected one by one. Ankara 3rd Administrative Court, which did not find the bargaining procedure in accordance with Article 21 / b of the Public Procurement Law, which is used in cases such as natural disasters, in accordance with the law, determined that it was not acted on the basis of the ‘public interest’ during the tender process and canceled the tender. Metin Güneş, who came to the agenda again a short time ago, said “I quit construction works”.
Kocaeli City Hospital Tram Line Construction Work was tendered by the Ministry of Transport and Infrastructure on September 17, 2020, according to the article 21 / b. The approximate cost of the tender was 323 million 491 thousand 722 liras, and the duration of the work was 730 days. 4 bidders were invited to the tender. EZE İnşaat Anonim Şirketi won the tender for 284 million lira. In the records of the Istanbul Chamber of Commerce, Metin Güneş, the Chairman of the Board of this company, appears. Again, according to the records, the address of the company is at METGÜN plaza in Maslak, where the company MET – GÜN is also located.
TENDER HAS BEEN DEFENDED
Körfez Branch of Güneş Asfalt Trade and Industry Company filed a lawsuit demanding the cancellation of the tender for various reasons. The ministry, which gave defense to the case held at the Ankara 3rd Administrative Court, stated that the work required special skills in terms of construction technique and that the site was delivered by signing a contract with the most advantageous bidder company on 30 October 2020.
‘THE AUTHOR IS NOT UNLIMITED’
The striking findings of the court regarding the tender process are as follows:
In order for the bargaining procedure to be applied in the tender, the work must be completed as soon as possible. The duration of the tender is 730 days. In other words, the duration of the job does not comply with the terms of the bargaining clause. Considering this period, the court did not find compliance with the law in the bargaining procedure.
The court also asked the companies invited to the tender during the trial process and asked for all the documents, but only the list of invited companies was sent to the court. Information and documents regarding the subjects competence of the companies have not been sent. In the court decision, he reminded the ministry that the administrations do not have unlimited discretionary power to determine who will be invited to bargain tenders and that this power should be used in the public interest. In addition, the court concluded that “public resources are not used effectively and efficiently and the companies were invited to tender without determining any qualification criteria”, as a result of not presenting any information and documents regarding the competence of the companies.
‘NO EXPERIENCE CERTIFICATE’
Another striking detail in the decision was revealed in the examination of the competence information of Eze İnşaat Anonim Şirketi. In the records, it was determined that the company work experience certificate consists of the asphalt coating work of the IMM Machinery Supply Branch Directorate. The court stated that “it is understood that there is no work experience certificate regarding the works within the scope of the tram line construction work and similar works”.
As a result, the court concluded that “the companies invited to the tender do not meet the qualification criteria, do not act in line with the public interest and service requirements, the work experience certificates of the companies invited to the tender are not in accordance with the job description and are not sufficient, there is no compliance with the law in the tender.” The court found it unlawful to hold the tender on a bargaining basis and unanimously canceled the tender on December 29, 2020.
CASE WITH IMM CONTINUES
Metin Güneş, which was reflected in the press that he received billions of lira construction and asphalt tender from IMM during the AKP period, had a lien decision of 565 million lira he obtained from abroad for the construction of the metro after Ekrem İmamoğlu was elected the IMM President. IMM, whose money was confiscated, became a court with Güneş; The lawsuit filed is still ongoing.