The final tenders held before losing Sancaktepe

Previously, Tuzla Municipality and Balıkesir Metropolitan Municipality tenders held before the elections were examined, and it was noted that similar tenders were conducted in many municipalities. Sancaktepe Municipality is another one of those municipalities that held numerous tenders before losing this election. Regarding Sancaktepe Municipality, which received significant media coverage after the election, Sancaktepe Municipality we will provide analyses by citing tender numbers, leaving no room for interpretation.

In Article 67 of Law No. 5393, titled 'Service commitments spanning future years': 

It is stated that: 'With the decision of the municipal council in municipalities, or the authorized body in municipal subsidiaries, services such as the maintenance and repair of parks, gardens, greenhouses, medians, sidewalks, and pools; vehicle rental, supervision, cleaning, security, and catering services; machinery-equipment maintenance and repair works; computer systems and switchboards, and electronic information access services; health-related support services; fair, festival, and exhibition services; services related to dams, treatment, and solid waste facilities; services related to sewer maintenance and cleaning, infrastructure and asphalt construction and repair, traffic signaling and lighting maintenance, meter reading, and meter removal-installation; public transportation and transit services; and the operation of social facilities may be outsourced to third parties through tenders, provided that the duration does not exceed the end of the sixth month following the first general local government elections.' 

With the provision in question; 

- First, it permits the issuance of tenders for a range of services specific to municipalities (such as median and sidewalk maintenance, fairs and festivals, treatment and solid waste, sewer maintenance and cleaning, meter reading and removal-installation, and public transportation) upon the decision of the municipal council in municipalities or the authorized body in municipal subsidiaries. While Law No. 4734 and Law No. 5018 allow for the tendering of more limited services in this regard, Municipal Law No. 5393 permits the tendering of a wider variety of services, taking into account the duties of municipalities. 

As can be understood from the article provision above, a municipal council decision is required for service commitments that extend into future years for the listed works.

In Article 5 of the Local Administrations Budget and Accounting Regulation, titled 'Budget';

'The budget of special provincial administrations, municipalities, affiliated administrations, and unions is a council decision that shows the revenue and expenditure estimates within the fiscal year and authorizes the collection of revenues and the making of expenditures.'

In Article 30, titled 'Budget decree and the schedules constituting the budget';

'...'

(3) The schedules that make up the budget;

h) The provision 'Schedule (G) for Commitments Covering Future Years' is included.

The relationship between the strategic plan and the budget is realized through performance programs. Performance programs, which are integrated into the budget preparation process, help ensure that administrative budgets are prepared in line with the goals and objectives determined in the strategic plans.

In accordance with Article 67 of Law No. 5393, commitments covering service contracts that extend into future years, which require authorization from the municipal council, and commitments related to projects in the performance program that cannot be completed within the fiscal year, must be included in Schedule (G) attached to the Budget Decree.

According to these legislative provisions, when examining whether Sancaktepe Municipality had any 'multi-year tenders' under Article 67 of Law No. 5393 following the local government elections held on March 31, 2024;

Tender Registration No: 2024/151826

Name of the Work: 2024 CULTURAL AND SOCIAL EVENTS SERVICE PROCUREMENT

Contractor: ULUTEPE DANIŞMANLIK İNSAN KAYNAKLARI EĞİTİM HİZMETLERİ SANAYİ LİMİTED ŞİRKETİ

Contract Value (TL) 10,499,500.00

Duration of Work: 03/26/2024 - 12/01/2024

**

2024/62830

2024 SANCAKTEPE MUNICIPALITY ESPORTS CENTER OPERATION AND TOURNAMENT SERVICE PROCUREMENT

TAYHAN YAPIM ORGANİZASYON REKLAM PAZARLAMA VE İNTERNET HİZMETLERİ TİCARET LİMİTED ŞİRKETİ

2,100,000.00

03/01/2024 - 12/31/2024

2023/1245927

PROCUREMENT OF VECTOR AND URBAN PEST CONTROL SERVICES WITHIN THE BORDERS OF SANCAKTEPE

ROTA VEKTOR KONTROL HIZMETLERI SANAYI VE TICARET LIMITED SIRKETI

4,792,500.00 TRY

01.02.2024 - 30.11.2024

2023/1245392

PROCUREMENT OF DECORATION ORGANIZATION SERVICES FOR EVENTS TO BE HELD BY SANCAKTEPE MUNICIPALITY IN 2024

RECEP DEMIR

6,971,700.00

01.01.2024 - 31.12.2024

1- TENDERS CONTRARY TO THE MUNICIPAL LAW

As can be seen in the table above, in accordance with Article 67 of the Municipal Law No. 5393, titled "Service commitments extending over future years" (tenders for fair, festival, exhibition, and catering services), these should have been tendered in a way that does not exceed the date of 30.09.2024, which is the local government election date of 31.03.2024 plus 6 months. However, this provision of the Law was not complied with, and an action contrary to the law was taken.

2- Tender registration number 2024/62830: "2024 SANCAKTEPE MUNICIPALITY ESPORTS CENTER OPERATION AND TOURNAMENT SERVICE PROCUREMENT" 

In the Administrative Specification for the aforementioned tender;

When determining the qualification criteria, the following was set as the precedent for similar work experience;

"7.6. The works to be accepted as similar work are specified below: 

It was determined that 'Any kind of Esports Center operation and/or any kind of Esports training/academy service procurement works carried out in the public or private sector will be accepted as similar work.'

This determination is contrary to the 'Basic Principles' regulated in Article 5 of Law No. 4734.

When the bid for the work is examined, it is seen that only one bidder participated in the tender and the tender was awarded to the relevant firm.

It is clearly and plainly understood that competition could not be achieved in the tender in question.

Furthermore, in the Technical Specifications, 

6.1.1 Sancaktepe Municipality Sports Affairs Directorate Esports Center Trainings:

'6.1.1.1 - The trainings to be carried out at the 'Sancaktepe Municipality Esports Academy' will be conducted in one (1) month periods for each category by two (2) Esports professionals who have at least one (1) year of experience in their field or have served in professional Esports teams. The contractor will also employ one (1) General Coordinator and one (1) Coordinator part-time at the Central Office. In order to train athletes in categories approved by the International Esports Federation, trainings will be organized under MOBA, FPS, or different categories to be determined by the Administration, in areas such as the development of athlete talents, athlete talent selection, sports ethics and morality, communication, guidance, psychological support, etc. Carrying out the trainings with Esports professionals and players, organizing the events on the determined date and duration, providing the curriculum and services required by the event, and all kinds of copyright, permission, etc. expenses that may arise from the games are the responsibility of the contractor.'

The provision of;

Since it is stated that municipalities cannot procure services based on personnel employment in accordance with Decree-Law No. 696; and since Article 78.1.3 of the Public Procurement General Communiqué, which was amended within the framework of legislative regulations made after Decree-Law No. 696, stipulates that services such as park and garden maintenance and repair, garbage collection, street, avenue, and square cleaning, etc., which are continuous by nature and funded by the budgets of local administrations or their companies, as well as services containing the characteristic duties of these works or their sub-services such as median and green space maintenance and repair, weeding, grass mowing, soil cultivation, land preparation, sapling production, planting and maintenance, tree pruning, irrigation and maintenance, and vehicle/construction equipment rental with drivers, etc., shall be considered as services based on personnel employment regardless of the other conditions in Article 78.1.1 of the Public Procurement General Communiqué; and since it is clear that personnel cannot be employed by municipalities for these works under Decree-Law No. 696, the subject of the tender, due to the regulations in Article 83 of the Decree-Law No. 696 on Making Certain Arrangements within the Scope of the State of Emergency, constitutes a procurement subject that cannot be the subject of a public tender, and therefore the process of subjecting this procurement to public tenders  must be cancelled.

3- PRINTING SERVICES TENDERS

Tender Registration No: 2023/1474432

Name of the Work: IMPLEMENTATION, PRINTING, AND TECHNICAL SERVICE PROCUREMENT FOR OUR MUNICIPALITY'S PROMOTIONAL MATERIALS

Contractor: FATİH CÖMERT

Contract Value (TRY): 12,303,250.00 

Duration of the Work: 06.02.2024 - 31.12.2024

2023/1376218

2024 OFFSET PRINTING SERVICES PROCUREMENT

FATİH CÖMERT

9,309,300.00 

01/15/2024 - 12/31/2024

An examination of the Trade Registry Gazette reveals that the individual who won the tender operates as a sole proprietorship. Furthermore, a review of the Registry Gazette shows that the firm's scope of activity is listed as advertising agency services (such as media selection, ad design, copywriting, and scriptwriting). Since this does not include the printing services that were the subject of the tender, the contract should not have been awarded to this individual. 

4-2023/1592291 tender registration number: 2024 SANCAKTEPE MUNICIPALITY ICE RINK RENTAL SERVICES PROCUREMENT  

Regarding the ice rink rented for 1,345,666.67 TL under the aforementioned tender, a simple investigation shows that the municipality already possesses an ice rink, which was opened within the Samandıra Cultural Center on January 21, 2022. Therefore, renting another ice rink is in violation of austerity measures.

5- BUS RENTAL TENDER

Article 67 of Law No. 5393, titled "Service commitments extending to future years," states: 

"With the decision of the municipal council in municipalities, and the authorized body in municipal subsidiaries; public transportation and transit services, as well as the operation of social facilities, may be outsourced to third parties through a tender process, provided that the duration does not exceed the end of the sixth month following the first general local government elections." 

Under this provision; 

The tender must be conducted in a way that does not exceed the date of 30.09.2024 (31.03.2024 + 6 months).

The administration's decision to award a tender covering the period until 31.12.2024 is clearly and explicitly in violation of the law.

Tender Registration No: 2023/1247036

TENDER METHOD: OPEN 

Name of the Project: 2024 BUS RENTAL SERVICE PROCUREMENT

Contractor: AKKURTLAR TURİZM NAKLİYE VE GIDA SANAYİ TİCARET LİMİTED ŞİRKETİ

Contract Value (TRY): 17,880,400.00 

Duration of the Project: 01.01.2024 - 31.12.2024

6 – Vehicle Rental Tenders for Waste Collection

As seen in the table below, 6 tenders were held covering the period between 01.12.2022 and 30.09.2024.  The total amount of these tenders was determined to be 329,929,527.00 TRY. This matter must be investigated urgently. Furthermore, it is evident that purchasing these vehicles would have been cheaper than the money spent.

Tender Registration Number: 2022/916335

Name of the Project: PROCUREMENT OF CLEANING VEHICLES AND CONSTRUCTION EQUIPMENT TO BE USED IN THE COLLECTION, TRANSPORTATION, AND CLEANING OF SOLID WASTE IN OUR DISTRICT

Contractor: ATLAS İNŞAAT SANAYİ VE TİCARET LİMİTED ŞİRKETİ

Contract Value (TL): 178,232,155.00 

Duration of the Project: 01.12.2022 - 30.09.2024

2021/660679

PROCUREMENT OF CLEANING VEHICLES AND CONSTRUCTION EQUIPMENT TO BE USED IN THE COLLECTION, TRANSPORTATION, AND CLEANING OF SOLID WASTE IN OUR DISTRICT

ATLAS İNŞAAT SANAYİ VE TİCARET LİMİTED ŞİRKETİ

90,210,977.00 

07/01/2022 - 09/30/2024

2022/710118

SERVICE PROCUREMENT FOR THE OPERATION OF CLEANING VEHICLES AND CONSTRUCTION EQUIPMENT TO BE USED IN THE 3-MONTH COLLECTION, TRANSPORTATION, AND CLEANING OF SOLID WASTE IN OUR DISTRICT

ATLAS İNŞAAT SANAYİ VE TİCARET LİMİTED ŞİRKETİ

23,105,700.00 

08/01/2022 - 10/31/2022

2022/1108505

SERVICE PROCUREMENT FOR THE OPERATION OF CLEANING VEHICLES AND CONSTRUCTION EQUIPMENT TO BE USED IN THE 1-MONTH COLLECTION, TRANSPORTATION, AND CLEANING OF SOLID WASTE IN OUR DISTRICT

ATLAS İNŞAAT SANAYİ VE TİCARET LİMİTED ŞİRKETİ

8,083,650.00 

01.11.2022 - 30.11.2022

2022/239797

SAME

SAME

19,799,670.00 

01.04.2022 - 30.06.2022

2021/839884

SAME

SAME

10,497,375.00 

01.01.2022 - 31.03.2022

7 - Park Maintenance Tenders

Tender Registration No: 2023/1360121

Name of the Work: SANCAKTEPE DISTRICT 2ND REGION EXISTING PARK RENOVATION AND NEW PARK CONSTRUCTION WORK

Contractor: AG PEYZAJ PETROL YAPI TURİZM NAKLİYE SANTİC.LTD.ŞTİ., BEREKET İNŞ.TAH.HAF.NAK.GID. GİY.SANVE TİC.LTD.ŞTİ. Joint Venture

Contract Value: 45,750,000.00 

Duration of Work: 01.02.2024 - 26.12.2024

2023/1355827

CONSTRUCTION WORK FOR THE RENOVATION OF EXISTING PARKS AND CONSTRUCTION OF NEW PARKS IN THE 1ST REGION OF SANCAKTEPE DISTRICT

OSMANOĞLU PEYZAJ İNŞAAT TEMİZLİK SANAYİ VE TİCARET LİMİTED ŞİRKETİ

59,887,543.00 

01.02.2024 - 26.12.2024

1--In determining the type of tender (construction, service, or goods) to be issued, the estimated cost is examined, and the tender must be issued based on the category with the highest proportion. For example, if in a tender for this work, the proportion of goods procurement is 30%, construction work is 32%, and service work is 38%, the work must be tendered as a service procurement.

3—When the work items to be performed are examined, it is seen that they include park, garden, sidewalk, and pool maintenance and repair, as well as vehicle rental services. As is known, for these works to be subject to a tender, the tender duration must be set in accordance with Article 67 of the Municipal Law No. 5393, titled 'Service commitments extending to future years,' so as not to exceed the local government election date of 31.03.2024 plus 6 months, which is 30.09.2024 (In the work in question, the tender duration was set as 03.04.2024 - 26.12.2024). It is clear that the action taken is contrary to the law.

8-2024/151826 Tender Registration Number '2024 CULTURAL AND SOCIAL EVENTS SERVICE PROCUREMENT WORK'

The production items belonging to the tender in question, which are publicly available on the Public Procurement Authority website, are as follows.

Sequence No: 1

Description: RAMADAN MONTH EVENTS-MEHMET EMIN AY

Unit: piece

Quantity: 1

Item No: 2

Description: RAMADAN MONTH EVENTS-DURSUN ALİ ERZİNCANLI

Unit: piece

Quantity: 1

Item No: 3

Description: RAMADAN MONTH EVENTS-İBRAHİM SADRİ

Unit: piece

Quantity: 1

Sequence No: 4

Description: SUFI MUSIC CONCERT

Unit: piece

Quantity: 5

Sequence No: 11

Description: RUMI COMMEMORATION PROGRAM - MUTRIP ENSEMBLE

Unit: person

Quantity: 8

Sequence No: 12

Description: RUMI COMMEMORATION PROGRAM – WHIRLING DERVISH

Unit: person

Quantity: 10

Sequence No: 59

Description: HOST/HOSTESS ASSISTANT PERSONNEL

Unit: person

Quantity: 100

Sequence No: 60

Description: PROVISION OF INSTRUMENTALISTS

Unit: person

Quantity: 100

-It is observed that these are Ramadan month events. As is known, the 2024 Ramadan month began on March 11, 2024, and ended on April 9. However, although the tender was held on 07.03.2024, it is clearly visible on the Public Procurement Authority website that the contract was signed on 26.03.2024. While the contract should have been signed before the events up to the 26th of March, considering that the contractor cannot work without a contract, signing the contract for 10,499,500 TL—an amount close to the estimated cost (11,050,835.38 TL)—is contrary to the legislation, as it leads to the conclusion that events were held without a binding contract.

-Regarding the provision of 100 HOST/HOSTESS ASSISTANT PERSONNEL and 100 INSTRUMENTALISTS, it is established that municipalities cannot procure services based on personnel employment in accordance with Decree Law No. 696. Within the framework of the legislative regulations made after Decree Law No. 696, Article 78.1.3 of the General Communiqué on Public Procurement states that services performed from the budgets of local administrations or their companies that are continuous in nature—such as park and garden maintenance and repair, waste collection, street, road, and square cleaning, as well as maintenance and repair of medians and green areas, weeding, grass cutting, soil cultivation, land preparation, sapling production, planting and maintenance, tree pruning, irrigation, and maintenance, and the rental of vehicles/construction machinery with drivers—shall be accepted as services based on personnel employment, regardless of the other conditions set forth in Article 78.1.1 of the General Communiqué on Public Procurement. 

It is observed that the tender subject to review includes the work items of 100 HOST/HOSTESSES and the PROVISION OF INSTRUMENTALISTS. Since it is clear that municipalities cannot employ personnel for these tasks under Decree Law No. 696, and because the subject of the tender is a procurement that cannot be the subject of a public tender due to the regulations in Article 83 of Decree Law No. 696 on Making Certain Arrangements Within the Scope of the State of Emergency, the act of making this procurement the subject of a public tender  must be cancelled.

As we have stated before, long-term tenders held in haste before an election are not only contrary to the law but also usurp the newly elected mayor's authority to create a budget, rendering the new mayor unable to function. In the coming days, we will continue to expose municipalities that engage in similar practices.