14.08.2026 16:10
Two of the long-term leasing tenders initiated by Bayraklı Municipality for vehicles to be used in cleaning services were canceled by the Public Procurement Authority. The Authority found the regulation regarding the model year of the vehicles in one of the tenders to be 'of a nature that prevents competition.' Another long-term tender was canceled by the municipality due to its assessment that 'competition did not occur.' At the end of the process, a contract worth 198 million 376 thousand TL was signed for the leasing of 37 vehicles and work machines for 1096 days.
The tender records and Public Procurement Authority decisions regarding vehicles to be used in garbage collection, transportation, and urban cleaning services of Bayraklı Municipality were examined.
In the period extending from summer 2024 to summer 2025, two of the municipality's long-term vehicle rental tenders were canceled by Public Procurement Authority decisions. Another long-term tender was not concluded by Bayraklı Municipality.
During the same period, short-term vehicle rental transactions were also carried out using the negotiation procedure.
At the end of approximately one year of tender activity, a contract worth 198 million 376 thousand TL was signed for the rental of 37 vehicles and work machines for a period of 1096 days.
FIRST LONG-TERM TENDER RETURNED FROM PUBLIC PROCUREMENT AUTHORITY Bayraklı Municipality Directorate of Cleaning Affairs, on 22 August 2024, initiated an open tender with registration number 2024/947951 for the rental of 34 vehicles and work machines for a period of 1095 days.
The price difference regulation in the tender document was brought to the Public Procurement Authority.
The Authority, in its decision numbered 2024/UH. I-1168 dated 18 September 2024, examined the tender document. In the decision, while it was stated that expenses such as maintenance-repair, spare parts, comprehensive insurance, and insurance would be covered by the contractor within the scope of the tender, it was determined that the b3 coefficient in the price difference calculation was set as "0".
The Public Procurement Authority did not find the determination of the b3 coefficient in this manner compliant with the legislation.
The Authority ruled that the identified irregularity could not be remedied through corrective action and unanimously decided to cancel the tender.
Sections of the b3 coefficient, tender cancellation, and unanimity in KİK’s decision numbered 2024/UH. I-1168.
SHORT-TERM NEGOTIATION TENDERS ALSO HELD IN THE PROCESS During the period when the long-term vehicle rental process was ongoing, short-term vehicle rental transactions were also carried out by Bayraklı Municipality.
The transaction numbered 2024/1093855 dated 20 August 2024 and the vehicle rental work numbered 2024/1395015 dated 17 October 2024 were carried out using the negotiation procedure within the scope of Article 21/b of Public Procurement Law No. 4734.
While public tender records show that the transactions were carried out within the scope of 21/b, the full text of the tender approval and justification documents that formed the basis for using this method could not be accessed in open sources.
Therefore, no assessment was made regarding the justification for preferring the negotiation procedure.
BAYRAKLI MUNICIPALITY HELD A THREE-YEAR TENDER AGAIN Bayraklı Municipality, on 26 December 2024, this time held a new long-term vehicle rental tender with number 2024/1607671.
The tender covered the rental of 38 vehicles and work machines for a period of 1095 days. However, the new tender also came before the Public Procurement Authority.
While the price difference calculation was the subject of review in the first tender, this time criteria regarding the model year of the vehicles were at the center of the discussion.
Public Procurement Authority records confirm that the tender was held using the open tender procedure on 26 December 2024 and was examined by the Authority upon a complaint.
OFFICIAL DETERMINATION: "OF A NATURE PREVENTING COMPETITION" The Public Procurement Authority, in its decision numbered 2025/UH. I-223 dated 15 January 2025, evaluated the criteria introduced in the specification regarding the model years of the vehicles.
The Authority concluded that the regulation in question was:
"of a nature preventing competition"
In the KİK's assessment, it was also determined that the regulation was incompatible with the principle of ensuring the effective, economical, and efficient use of public resources.
The Authority ruled that the identified irregularities could not be remedied through corrective action.
Thus, Bayraklı Municipality's long-term vehicle rental tender was canceled for the second time by a Public Procurement Authority decision.
The decision was made unanimously.
Assessment of competition and efficient use of public resources in KİK’s decision numbered 2025/UH. I-223.
21/B TENDER THE DAY AFTER THE KİK DECISION The date of the second Public Procurement Authority decision was 15 January 2025.
Bayraklı Municipality's short-term vehicle and work machine rental tender numbered 2025/63793 was held on 16 January 2025.
The work was carried out using the negotiation procedure within the scope of Article 21/b of Law No. 4734, and the tender was organized as a vehicle rental work for 89 days.
Although the transaction carried out immediately after the Public Procurement Authority decision is chronologically noteworthy, since the full text of the justification document for using the 21/b method could not be accessed, no legal cause-and-effect relationship is established between the two transactions.
"COMPETITION DID NOT FORM" IN THE THIRD LONG-TERM TENDER Bayraklı Municipality then held another tender for long-term vehicle rental.
Tender numbered 2025/295003 envisaged the rental of 38 vehicles between 1 May 2025 and 30 April 2027. The tender announcement also stated that the vehicles would be rented without drivers and without employing personnel.
However, this time the cancellation decision came not from the Public Procurement Authority, but from Bayraklı Municipality.
The cancellation decision included the assessment that only one valid bid remained in the tender, the bid was above the estimated cost, and "competition did not form".
The municipality canceled the tender on 8 April 2025 on the grounds that there was no economically most advantageous bid.
Thus, another attempt in the long-term vehicle rental process did not result in a contract.
Cancellation date and official cancellation reason of the tender numbered 2025/295003 in EKAP.
NEW NEGOTIATION TENDER 14 DAYS LATER Following the cancellation of the long-term tender on 8 April, a new vehicle rental transaction numbered 2025/589076 was carried out on 22 April 2025.
The transaction was again carried out using the negotiation procedure within the scope of 21/b and covered short-term vehicle rental.
Here too, since the full text of the justification document forming the basis for the municipality's preference for the 21/b method could not be accessed from open sources, a legal cause-and-effect relationship is not established between the two transactions.
17 BIDDERS IN THE FOURTH LONG-TERM TENDER Bayraklı Municipality, on 30 June 2025, held an open tender again for long-term vehicle rental.
Tender numbered 2025/816548 covered the rental of 37 vehicles and work machines for a period of 1096 days.
According to the information in the Public Procurement Authority decision, the tender document was downloaded by 33 people, 17 bidders participated in the tender, and 11 bids were excluded from evaluation.The most economically advantageous tender was determined to be Konak Kurumsal Personel Hizmetleri Sanayi ve Ticaret A. Ş.
This tender was also brought to the Public Procurement Authority.
However, unlike the previous two long-term tenders, the Board decided to reject the application this time.
THE COEFFICIENT THAT LED TO THE FIRST CANCELLATION WAS CHANGED IN THE LAST TENDER One of the notable details in the latest Public Procurement Authority decision was the change in the price difference regulation that was the subject of review in the first tender in 2024.
In the first tender, the "b3 = 0" regulation in the price difference calculation was deemed non-compliant with the legislation by the Public Procurement Authority.
In the latest tender in 2025, Bayraklı Municipality set the coefficient as "b3 = 0.2597".
The Public Procurement Authority concluded that the coefficients related to materials and machinery-equipment depreciation in the latest tender were determined appropriately.
Thus, it was reflected in the records that the regulation deemed non-compliant in the first cancellation decision was changed in the subsequent tender document.
"TYPOGRAPHICAL ERROR" CORRECTION FROM THE MUNICIPALITY TO THE PUBLIC PROCUREMENT AUTHORITY Another notable detail in the official correspondence during the latest tender process was included.
In the municipality's response to a complaint regarding the tender, it was stated that an addendum was prepared regarding a regulation in the technical specification.
However, in its letter sent to the Public Procurement Authority on July 22, 2025, Bayraklı Municipality reported that the statement in the previous response indicating that an addendum had been issued was "written by mistake".
The Municipality informed the Authority that no addendum was issued in the tender in question.
While this matter was recorded in the Public Procurement Authority decision, the Board decided to reject the application.
Therefore, this correspondence alone does not mean that a violation of law was identified in the tender.
The 'typographical error' explanation included in KİK's decision numbered 2025/UH. I-1627 and the statement that no addendum was issued.
THE FINAL CONTRACT IS 198 MILLION 376 THOUSAND TL At the end of the process, a contract was signed between Bayraklı Municipality and Konak Kurumsal Personel Hizmetleri Sanayi ve Ticaret A. Ş. for the rental of 37 vehicles and work machines for a period of 1096 days.
The contract value was recorded as 198 million 376 thousand TL.
The tender was conducted excluding labor and fuel. According to the tender document, fuel was covered by the municipality, and the contract also includes a price difference mechanism.
EKAP announcement and contract screens showing 37 vehicles, 1096 days, the contractor, and the contract value of 198 million 376 thousand TL.
APPROXIMATELY ONE YEAR OF TENDER PROCESS In Bayraklı Municipality's approximately one-year vehicle rental process, two long-term tenders were cancelled by the Public Procurement Authority.
In the first tender, a coefficient in the price difference calculation was found non-compliant with the legislation. In the second tender, the Public Procurement Authority found the regulation regarding the model year of the vehicles to be "of a nature that restricts competition" and concluded that it was incompatible with the principle of effective, economical, and efficient use of public resources.
Another long-term tender was not concluded due to Bayraklı Municipality's assessment that "competition did not occur". During the same period, short-term rental transactions using the 21/b negotiation procedure were carried out.
The final open tender was concluded. A contract worth 198 million 376 thousand TL was signed with Konak Kurumsal Personel Hizmetleri Sanayi ve Ticaret A. Ş. for the rental of 37 vehicles and work machines for a period of 1096 days.