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The State Council reversed the decision of the Regional Administrative Court and canceled the tender in the tender conducted by TCDD to lease the Haydarpaşa and Sirkeci Station areas for use in cultural and artistic activities.
In the decision; “In case IMM offers a joint venture bid, a TL 4 million work experience certificate for each partner (Since the joint venture tender for the tender consists of four companies, a total of TL 16 million work experience certificates) It was concluded that the request for the application is a regulation that restricts competition and violates the conditions of equal competition ”.
NO LEGAL KICK
In the decision of the Council of State; “When the offer presented by the joint venture of the plaintiffs was excluded for not complying with this requirement, it was observed that the only valid offer remained and the offer was concluded in a single offer. In this sense, there is no success in the decision of the Administrative Court, which deals with compliance with the law in the tender, which is the subject of the case. It was said.
WHAT HAPPENED?
TCDD held a tender for 30 thousand lira on October 4, 2019 to rent the inactive storage areas of approximately 29 thousand square meters belonging to the Haydarpaşa and Sirkeci stations “not to be used in commercial activities.” In the tender in which four companies participated, the consortium consisting of the subsidiary companies of İBB Kültür AŞ, İSBAK, Metro İstanbul and Medya AŞ and Hezarfen Consulting Limited Company remained in the final.
The IMM consortium offered 100 thousand TL and Hezarfen Consultancy offered 300 thousand TL per month. The bidding commission announced that the parties will be summoned to negotiate within 15 days. At the end of the 15-day period, the Tender Commission announced that the tender was awarded to this company in exchange for a rental fee of TL 350 thousand after the negotiation meeting that invited only Hazerfen Consulting Company. This result was faxed to IMM, which was not invited to the negotiation stage. İBB President Ekrem İmamoğlu made a statement objecting to the result and said that he would follow the process to the end on behalf of the people of Istanbul.
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