Buca Metro Decision of the European Bank for Reconstruction and Development

In the statement made by the Izmir Metropolitan Municipality, it was stated that their righteousness was again confirmed and that the decision of the 4th Administrative Court of Izmir 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. see Tic. A.Ş and Yapı Merkezi İnş. ve Sanayi A.Ş. Joint Venture dismissed the complaint about the bidding decision and approved the decision of the bidding committee. The EBRD concluded that the complaint was inadmissible. The ruling stated that the EBRD’s final decision was final and not subject to appeal.

Nurol Inş. see Tic. A.Ş and Yapı Merkezi İnş. ve Sanayi A.Ş Joint Venture was rejected by the Supreme Council of the Complaints Committee of the EBRD.

In the text of the decision, since the financing of the project was covered by the loan agreements signed with the EBRD, the Asian Infrastructure Investment Bank (AIIB), the French Development Agency (AFD) and the Banque de Black Sea Trade Development (BSTDB), the two-stage bidding process complies with EBRD Rules and EBRD Electronic Bidding It was recalled that the portal has been performed using ECEPP.

Nurol Inş. see Tic. A.Ş and Yapı Merkezi İnş. ve Sanayi A.Ş., the 4th Administrative Court of Izmir decided to cancel the tender decision for the construction of the Buca metro.

TO MOVE TO THE UNITED STATES

In the statement made by the Izmir Metropolitan Municipality, “Although the Izmir Metropolitan Municipality is fully bound by law and court rulings, the aforementioned ruling, which was issued following an incomplete and insufficient review by the court, will be appealed to the State Council with a request for a stay of execution and a hearing within 15 days. Izmir Metropolitan Municipality has made the right decision in light of the facts scientific and within the legal framework.We will continue to work with determination and determination so that the judicial process is completed as soon as possible and this very important service that all of Izmir has been waiting for, without wasting any more time.

IMM EXPLANATION

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 is the 5th stage of the Izmir light rail system, will be financed by the European Bank for Reconstruction and Development (EBRD), in accordance with the EBRD rules and the EBRD electronic system ECEPP tender portal, according to the two-stage tender procedure in accordance with the contract concluded.

Nurol Construction and Commerce Inc. and Yapı Merkezi İnşaat ve Sanayi A.Ş. A lawsuit was filed with the request for cancellation of the transaction and stay of execution on December 6, 2021 regarding the notification of the result of the evaluation of the offers.

All work and procedures related to the bidding process from the subject matter of the trial and the bidding process up to the conclusion of the bidding by reviewing and evaluating the bids of all the bidders;

  • European Bank for Reconstruction and Development (EBRD) Procurement Policies and Rules
  • EBRD Standard Procurement Documents (SPDPW)
  • The tender has been carried out in accordance with all tender documents and EBRD legislation, including but not limited to the price tables prepared by our administration and given to all the tenderers who will grant the copyright to the invitation to tender, as well as the elements of work and the quantities that make up the construction of the work object of the invitation to tender, among the documents of invitation to tender offers.

In accordance with the rules of the Procurement Complaints Review Directive, the plaintiff Yapı Merkezi – Nurol Joint Venture requested our municipality to inform the parties of the reasons why the said work was not awarded to them in detail . EBRD Procurement Complaints Committee. Although the plaintiff’s complaint is still at the evaluation stage and the process has not been finalized in this regard, an action for annulment of the transaction has also been filed before the administrative court.

In this process, the applicant’s objection to the tender decision was independently assessed at the EBRD and it was decided to reject the applicant’s objection as of 23.03.2022. The Public Procurement Complaints Review Directive states that the EBRD’s final decision is final and not subject to appeal.

Although the Izmir Metropolitan Municipality is fully bound by law and court decisions, the said decision, which was issued following incomplete and insufficient review 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 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 judicial process is completed as soon as possible and that this very important service, which all of Izmir has been waiting for, is implemented without further loss of time.

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