Son Hai Group, a business that requested clarification of unusual issues in the Ho Chi Minh City - Thu Dau Mot - Chon Thanh expressway bidding package through Binh Phuoc province (old) - Photo: QUOC NAM
On July 8, the Ministry of Finance announced that it had reported on the results of the inspection of the selection of contractors for the construction project of the Ho Chi Minh City - Thu Dau Mot - Chon Thanh expressway through Binh Phuoc province (old) related to the proposal of Son Hai Group on the bid evaluation.
This report clarifies the contents of the bidding documents, the process of evaluating the bidding documents by the expert team, the capacity of the expert team, and the results of contractor selection.
Bidding documents are not transparent and clear
Regarding the application of BIM - building information modeling, the Ministry of Finance - has clearly stated that the general criteria of the above bidding package do not contain specific regulations on the BIM work part.
Compared with the general guidance on BIM application of the Ministry of Construction , the bidding documents do not provide specific minimum requirements for BIM work.
"The bidding documents do not ensure transparency and clarity in the evaluation criteria for BIM work, which can lead to different interpretations by contractors, causing difficulties when proposing to apply BIM in the bidding documents.
The fact that the expert team only relies on general criteria to evaluate contractors' BIM work proposals may lead to subjective assessments," the Ministry of Finance concluded.
Regarding construction machinery and equipment serving the construction of the bid package, the Ministry of Finance analyzed and clearly stated that the ministry's working group did not have enough basis to determine the necessity, legality, and legitimacy of the inspection certificate provided by the contractor.
Therefore, in order to have sufficient grounds to not accept the contractor's proposal to replace or supplement equipment, the investor must determine that: the documents attached to the contractor's proposed main construction equipment are illegal and invalid; and the contractor has intentionally provided dishonest information and documents.
On the other hand, during the working process in Binh Phuoc province, the working group did not receive any concluding documents or proof from the investor regarding the contractor's violations, so there was no basis for not considering and evaluating the contractor's additional and replacement equipment.
A highway project built by Son Hai Group - Photo: QUOC NAM
Therefore, the Ministry of Finance concluded that the bidding documents included the evaluation criteria of "motorcycles and equipment must ensure technical safety and environmental protection inspection or have an inspection certificate according to current regulations" in the capacity and experience assessment section and the technical section, leading to inconsistency between the assessment content and assessment method.
In which the conclusion is "pass" in the assessment step on experience and capacity but the conclusion is "fail" in this content in the technical assessment step.
The evaluation of the main construction equipment (whether it meets or does not meet the requirements and whether the contractor can supplement or replace the equipment) must be done at the step of evaluating the experience and capacity, not at the step of evaluating the technique.
The Ministry of Finance also determined that the expert team did not receive, evaluate and accept the contractor's additional construction machinery and equipment until it was determined that the contractor's fraudulent behavior was not in accordance with regulations.
Not clearly defining main materials and equipment
According to the Ministry of Finance, the bidding documents requiring contractors to propose labels and codes for materials and equipment are appropriate.
However, the ITS and lighting system items in the bidding documents include services that are not materials, equipment, or unnecessary materials, leading to the expert team evaluating materials and equipment that are not main materials and equipment also having to meet the requirements on labels and codes.
All traffic works constructed by Son Hai Group are warranted for 10 years - Photo: QUOC NAM
Concluding this matter, the Ministry of Finance pointed out that the bidding documents included all materials and equipment of the ITS system and lighting system proposed by the contractor for the bidding package without clearly distinguishing the main materials and equipment from other materials and equipment (not main materials and equipment), leading to the expert team's assessment of this content not ensuring the principles.
"The regulations of the bidding documents for the equipment requirements section do not show the necessary information and are not consistent in the tables, which does not ensure transparency and clarity, and may cause difficulties for bidders when proposing and preparing bidding documents," the Ministry of Finance stated.
Bidding can be cancelled to re-bid.
Regarding the capacity and experience of the expert team, the Ministry of Finance determines that the expert team meets the prescribed requirements.
However, the shortcomings and errors in the bidding documents and bid evaluation have not been discovered by the expert team. In particular, the difference between the detailed evaluation report and the summary evaluation report; failure to clarify the bidding documents, failure to evaluate additional documents, and replacement of the contractor's equipment when violations have not been proven.
"Therefore, investors need to consider and evaluate the capacity and experience of the expert team as well as the reputation of the bidding consultant through the results of contract implementation," the Ministry of Finance stated.
Regarding the results of the evaluation of bidding documents, appraisal, and submission for approval of contractor selection results, the expert team was assessed to have some shortcomings, the appraisal content was sketchy, and some assessments or non-evaluations lacked basis.
"Regarding the expert team, the investor is responsible for carefully considering the decision to continue using this expert team or choosing another consulting unit to re-evaluate the bidding documents of the contractors, ensuring objectivity and fairness," the Ministry of Finance affirmed.
The Ministry of Finance recommends that the Government leaders direct the People's Committee of Dong Nai province to review, inspect, and re-evaluate the entire contractor selection process, correct the shortcomings and errors that have been pointed out; select another consulting unit with capacity and experience to conduct the review, inspection, and re-evaluation (if necessary).
"After re-evaluating the bidding documents, if the proposed winning bidder is changed or all bidders are assessed as not meeting the requirements, the competent authority shall take measures to not recognize the contractor selection results. On that basis, the investor shall take the following steps such as canceling the bid to re-organize the bidding or re-approving the contractor selection results," the report recommended.
Source: https://tuoitre.vn/vu-tap-doan-son-hai-truot-thau-bo-tai-chinh-bao-cao-gi-ve-to-chuyen-gia-20250708113416964.htm
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