Kamu ihale sorunları çerçevesinde eskalasyon uygulamalarının Bayındırlık ve İskan Bakanlığı ile fidic tipi sözleşmeler açısından bir sulama ve drenaj projesinde değerlendirilmesi

Abstract

Gelişmekte olan, yüksek enflasyonun varolduğu ve yatırımların büyük bir bölümünün kamu sektörü tarafından yapıldığı Türkiye'de kamu ihale düzeni ve inşaat sözleşmelerindeki uygulama sorunları, inşaat sektörünün gelişmesini engellemektedir. Devletin halihazırda uygulamakta olduğu eskalasyon yöntemi de bu sorunlardan biridir. Bu çalışmada, yüklenimi yazarın halen çalışmakta olduğu YÜCELEN İNŞAAT VE TİC. A.Ş. tarafından üstlenilmiş ve Devlet Su işleri'nce ihale edilmiş Gölhisar Ovası Sulama ve Drenaj işi'nde devletin uygulamakta olduğu eskalasyon sistemine alternatif olarak FIDIC tipi eskalasyon yöntemi değerlendirilmiştir. FIDIC tipi eskalasyon formüllerindeki amaç, işin her aşamasında yüklenicinin sözleşme bedelini ilk günkü değer ile korumaktır. Genelde Dünya Bankası tarafından kredili işlerde uygulanan FIDIC tipi eskalasyon formülünün sağladığı hakediş tutarı ile, devletin her yıl kabul ettiği eskalasyon; ayrıca yıl içinde uyguladığı malzeme fiyat farkları nedeni ile ödediği hakedişler toplamı, bu teze konu projedeki yüklenici için önemli bir kaybı ortaya koymaktadır. Bu tezde ayrıca, yükleniciyi bu tür kayıplardan koruyacak ve sistemin daha iyi çalışmasını sağlayacak bazı önerilere de yer verilmiştir.

in Turkey vvhere the majority of the investments are being made by public sector, the public avvard of a contract has a significant importance from aspect of social, economical and political effects. Since due to the political effects, public foundations which are the strongest clients cannot perform long-term programs and do not obey the previously made ones, construction program does not present a transparent view. Thus, contractors cannot regulate their capacity and stocks according to the market, it is necessary to add the negative effects of stop - start policies. As a result of high inflation rate in Turkey, the optimistle price adjustment decrees are insufficient to abolish the application problems. The problems originating a the level of unit price determination, frequent application changes in price adjustment decrees and delayed work due to the insufficient appropriation increase the cost of intermittent projects. Contracts tendered without final design end up with higher costs at the completion date than they are forecasted. There is a "responsive bid" concept in tender law due to the special conditions of construction contracts. Hovvever, öne who does not know the special conditions of this sector will tend to avvard to the lovvest bid just as in manufacturing sector. This kind of applications t h re a ten s the existence of serious contractors and encounters the employer with additional fee demands of the contractor. in Turkey, contracts are generally made depending on the bili of quantities and through the year the price increase in the predetermined construction materials such as steel, cement, fuel, electricity and timber is accredited to the contractor. This kind of the payments usually does not exceed 5 % of the total contract price. Regarding that inflation rate is över 80%, 5 % of such payments, leaves the contractor alone with his fate. Additionally contractor's profit is not added to these price increase payments. FIDIC type of escalation formula application should not be deemed to be a remedy tendered with high discount rates. These kind of works should xiv be terminated by the government as early as possible and re-tendered for reasonable prices. Regarding late payments because of the unplanned budget in the price increase calculations, payment dates should be considered. Thus, the construction companies may use their own financial capabilities in order to complete the works within schedule and but receive their money escalated at the date government budget is capable for such payments. in other words, it means that contractors can work with their own credits. Also, because the investment vvould return soon, the method could be very beneficial. The purpose of this study was to evaluate the pilot project of Gölhisar Plain Irrigation and Drainage Work of State Hydraulic Works (DSİ) (XVIII.Region) constructed by YÜCELEN Construction Company where the author is stili vvorking, considering the related conditions using FIDIC type of price escalation method. During this study that made this thesis become true, the author had difficulties in obtaining the prices of the past years because the pilot work was finished in 10 years between 1986-1996. The most time consuming efforts have been given by the author to separate and analyse the unit prices since the bili of quantities involved numerous items. Gölhisar is a town located at 107 km. South east of Burdur in Akdeniz Region. The town is located över a 1011 square kilometers land and the population is 14763 (1990). Besides the centrum of the town there are other subdistricts named Altınkaya and Çavdır. Gölhisar and Çavdır Lakes are also in town. Gölhisar plain vvhere the Irrigation and Drainage construction is made, is located in the west of Gölhisar Town. Gölhisar is suitable for agriculture of cereal, fruit, vegetables and sugar beet. Gölhisar Plain Irrigation and Drainage Construction Project is a concrete pipe type of irrigation project. The total irrigation area is 7853 ha. The sections of the project are Evciler Regülatör, main channel discharge and drainage channels, concrete pipe manufacturing vvorks, construction of maintenance roads, steel vvorks and miscellaneous valve units. The difference betvveen the monies obtained from the application of FIDIC type of escalation formula to monthly certificates and the escalation given by the Turkish government annually, yields the 12.13 % loss to the contractor in this thesis. The financial loss is USD 1,578,322 which has prevented the contractor from alternative profit opportunities. If the market interests are considered, these loss will increase drastically. This study, was made upon a completed project. If there are no tasks of application to form a FIDIC type of escalation formula initially, then the unit price items in the bill of quantities should be considered. However, most correct results could be obtained by using the final bill of quantities which is only available at job completion. If a FIDIC system applied by World Bank financed contracts depended upon monthly price adjustment a formula was used by the government today, the contractor would not be suffering this loss of 12.13%. However, it is not sufficient to make monthly price adjustments to the certificates. The essential problem or deficiency is the common method of tendering and awarding processes in Turkey. Main problem is how the unit prices are determined and the tender type itself. Instead of tender types where the offer is as a certain percentage of discount from government unit prices, such types of tenders which will enhance engineering and cost calculations should be preferred. Turn key, lump Sum contract tenders are recommended by the author wherever it is practicable. Duration of defects liability periods and amount of performance bonds should be tripled as compared with present regulations. By this way, contractors will be in the need of recruiting increased number of more qualified technical personnel since tendering will not be a routine and simple work for the companies. As a result of this new situation there will an increase in the project construction costs but this will yield to higher quality and decreased work completion period that which this cost increase will return as benefit to the public. Government Administrations or Client Organizations will not be able to hold tenders for political purposes only if the contracts and tenders are prepared in accordance to FIDIC. By this way, annual price escalations or adjustments due to inflation will not be determined solely by the Ministry of Public Works but the market conditions itself monthly and the government will not be able to charge the inflation costs to the contractor and their personnel. XVI The price adjustment formula in FIDIC applications serve for the preservation of tender price without any increase or decrease in its value throughout the life of the contract. However the major but acceptable disadvantage of this monthly price escalation system set forth in this thesis is that, the formula continues to consider and evaluate all entries throughout the contract duration although some of the works will certainly be completed before the completion date of the project. However, the present government application, for the determination of annual escalations, unit prices and awarding of the contracts to maximum discount tender is not fair and does not have benefit to the public in the long term. It is very crucial for the contractor to know how the price escalations and unit prices will be calculated /determined in the future because when the contractor offers a price for a 2 - 5 years project in a country where the inflation rates are chronically 60 percent each year, the only deterministic thing is the prices at the tender date. If the client organization does not proclaim the method of determining price escalations for the future years then the discounts of the contractor (tenderer) should be valid for that year. Otherwise it will not be fair for the contractor to receive uncertain price escalation for the following years and this will always be a major reason for the termination of the contractor by him if the escalation rate falls below inflation rates. As a temporary remedy, in order to rehabilitate this unfair and entirely wrong system of the government, the client organizations should declare their method of calculating / determining the price escalation rates for the future years in their tender conditions.