City Hospital Tram Line Stopped Again – Kocaeli News

In order to facilitate access to Kocaeli City Hospital, the tram line, which was tendered in 2019 and construction started in 2020, has been stopped for the second time by court order. The tender, which was organized for the second time by the Körfez branch of the trade and industry company Güneş Asfalt, was objected to. The 16th Administrative Court of Ankara canceled the tender on December 31, 2021, because the tender was invited, the company did not have a qualification certificate and the tender did not was not negotiable. However, as the company continued to work, all field work was halted yesterday following the detection made last week.

SECOND CASE SUBMITTED

The 3rd Administrative Court of Ankara, which heard the lawsuit filed by Güneş Asfalt Trade and Industry Company Körfez Branch, canceled the tender on the grounds that Eze İnşaat, who won the first tender, n didn’t have a qualification certificate. The study was stopped on December 29, 2020. Despite the decision, Eze İnşaat continued to operate until May 2021. However, by decision of the applicant company, all activities were stopped. Then, the Department of Transportation and Infrastructure again issued a call for tenders by negotiation. ATIS Asphalt won the tender. The company, which filed a lawsuit over construction that resumed in November 2021, won for the second time.

WORK AREA – Works on the Kocaeli City Hospital tram line, which was tendered by the Ministry of Transport and Infrastructure, did not go as desired. Due to the courts, only 12% of the project could be completed in two years.

REASONS INDICATED

solar asphalt; The tender for the construction of the Kocaeli Hospital tramway line and the works for the supply, installation and commissioning of electromechanical systems, which was issued by the General Directorate of Investments in infrastructure from the Ministry of Transport and Infrastructure, by negotiation; He claimed that it was against the law and that the conditions necessary for the offer to be made by bargain were not met and demanded that it be rescinded. The case before the 16th Administrative Court of Ankara ended on December 31, 2021 and Güneş Asfalt was right. Approximately 2 pages of justification for the canceled tender was submitted.

NO NEGOTIATION CONDITIONS

In the event that it was stated that the reason for the offer being made through negotiation was that the hospital would be open within a year and therefore the construction had to be completed quickly, the court counsel determined that the period for completion of work in the tender was 450 days, which contradicted this rationale. Deciding that the conditions specified in the law for making an offer with the negotiation method are not met, the court counsel included the following statements in its decision:

NOT LEGAL

“Considering that the reasons of the defendant administration to make an offer by commercial means, the duration of the works being fixed at 450 days, it is not enough to launch an offer by commercial means, which is an exceptional method, and it is necessary to ensure openness and competition in order to best meet needs, under appropriate conditions and on time. It was concluded that it is necessary with regard to the interest of the offer and that there is no legality in carrying out the said call for tenders by market means. For the reasons explained, it has been decided to cancel the transaction which is the subject of the lawsuit.

AREA CONTROL – Tender for Kocaeli City Hospital Tram Line cannot proceed due to courts. First, solar asphalt; He opposed Ese İnşaat’s victory and won. This time, Eze İnşaat opposed ATİŞ Asfalt, who took the position by negotiating. Once again, the court stopped the work. Although the call for tenders was cancelled, work continued and the site was determined. The company closed off areas that posed an environmental hazard and halted work.

THE FIRST CASE IS AGAINST

On the other hand, the first lawsuit filed by Güneş Asfalt before the 3rd Administrative Court of Ankara and concluded in December 2020, was appealed by Eze İnşaat. It was indicated that the second tender took place while the tender procedure was ongoing, that the specifications of the tender had only been seen by the invited companies and that competition from Other companies wishing to participate in the tender had not been taken into account in the decision.

12 PERCENT PROGRESS

Despite the fact that 3 months have passed since the court decision, Güneş Asfalt made a decision in the region last week, as ATIS Asfalt continued to work in the region. Following the detection, ATIS Asfalt had to stop all its activities since yesterday. The Ministry of Transport and Infrastructure and company officials have shut down all activities in the area by closing pits and construction areas that could harm people and animals. The construction works that started in the area in the first months of 2020 could not progress due to the opening of the courts. In two years, only 12% progress has been made so far.

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