The Ministry of Finance has just issued a document reporting to the Prime Minister and Deputy Prime Minister on the results of the inspection of the selection of contractors for the construction package of the Ho Chi Minh City - Thu Dau Mot - Chon Thanh expressway project through Binh Phuoc province.
Previously, in a document dated July 1, the Ministry of Finance was criticized for reporting on this incident "very slowly". The content of the report and recommendations did not properly reflect the responsibilities and functions of the state management agency on bidding; and did not properly implement regulations on the inspection of contractor selection activities.
At the same time, it does not state and analyze specifically the inspection results, does not state the conclusion and specific recommendations for the inspected unit, and recommendations for competent authorities.
In this new report, the Ministry of Finance has assessed and drawn specific conclusions on the contents under the direction of Deputy Prime Minister Tran Hong Ha. In addition, the Ministry also clearly explained why it had not drawn specific conclusions after conducting the inspection of the above bidding package in the previous report to the Government leaders.
Perspective of the Ho Chi Minh City - Thu Dau Mot - Chon Thanh Expressway project through Binh Phuoc province. (Photo: Project Management Board)
The Ministry of Finance only focused on reviewing, identifying, and reflecting on the shortcomings and limitations in the local contractor selection process without giving specific conclusions for the locality to consider, decide, and take full responsibility for the contractor selection for this bid package.
Meanwhile, according to the provisions of Clause 1 and Clause 3, Article 85 of the Law on Bidding, the Provincial People's Committee is responsible for implementing state management of bidding activities within its management scope; inspecting, examining, resolving petitions, complaints, denunciations and handling violations of the law on bidding.
Further explaining, the Ministry of Finance said that, based on the direction of the Deputy Prime Minister, the Ministry of Finance issued a decision to establish a working group to inspect the selection of contractors for the project's construction, including representatives of the Ministry of Finance and the Ministry of Construction.
However, due to the short time to carry out the task (results must be reported before June 10), the above decision requested the working group to conduct the inspection within a maximum of 2 working days directly in Binh Phuoc province (now Dong Nai province).
According to the Ministry of Finance, because this is a large and complex bid package, with many participating bidders and a large volume of documents and files to be inspected, the inspection will only focus on reviewing the key content in the bidding documents, the results of the bid evaluation directly related to the bidder's petition and the contents as directed by the Deputy Prime Minister in Official Dispatch No. 4755.
"Given the above-mentioned specific nature, along with the fact that the working group needs more time to consult with specialized management agencies on related issues, especially the issue of registration and inspection of construction equipment, the deadline for reporting to the Prime Minister has not yet met the requirements," the Ministry of Finance explained.
No loss or negativity in any case
In this report, the Ministry of Finance has made a more specific assessment and conclusion on the results of the inspection of contractor selection for the project construction package.
Based on the inspection results, the Ministry of Finance recommends that the Government leaders direct the People's Committee of Dong Nai province to study and absorb the opinions of the Ministry to review, inspect, and re-evaluate the entire contractor selection process, and correct the shortcomings and errors that have been pointed out.
The Ministry also recommends that, if necessary, the Provincial People's Committee select another consulting unit with capacity and experience to conduct review, inspection and re-evaluation.
After E-HSDT re-evaluation, 2 cases may occur.
In case there is a change in the proposed winning bidder, or all participating bidders are assessed as not meeting the requirements, the competent person shall take measures to not recognize the contractor selection results according to the provisions of Point b, Clause 1, Article 18 of the Law on Bidding.
In addition, it is necessary to consider and handle violating organizations and individuals (if any).
On that basis, the investor takes the next steps (cancels the bid to re-organize the bidding or re-approves the contractor selection results) to ensure compliance with regulations.
In other cases, after re-evaluation without changing the contractor selection results, the investor needs to quickly complete and sign the contract with the winning contractor.
“In all cases, the selected winning contractor must meet the requirements on capacity, experience, technical solutions, finance, quality, and progress of the bid package; and there must be no loss, waste, or negativity,” the Ministry of Finance emphasized.
In addition, the People's Committee of Dong Nai province must take full responsibility for the selection of contractors for this package in accordance with the principle of local decision, local action, local responsibility as directed by Deputy Prime Minister Tran Hong Ha.
The Ministry of Finance also noted that, if necessary, the People's Committee of Dong Nai province will discuss with the Ministry of Construction and relevant ministries and branches to determine the necessity, legality and legitimacy of technical safety and environmental protection inspection documents or inspection certificates as prescribed for the main construction machinery and equipment in the bid package.
Along with that, the Provincial People's Committee must resolve the petition of the Son Hai contractor in compliance with the provisions of law, objectively, and not let the petition drag on for a long time.
The Ho Chi Minh City - Thu Dau Mot - Chon Thanh Expressway construction project passes through Ho Chi Minh City (about 2 km of access road), Binh Duong province (52 km long) and Binh Phuoc province (7 km long). The section through Binh Phuoc province will break ground in December 2024 with a total investment of VND 1,474 billion.
The construction package for the section through Binh Phuoc province has an estimated cost of more than 880 billion VND.
After the bid opening on March 17, the Truong Son - Thanh Phat joint venture was selected with a winning bid of VND845.4 billion, saving more than VND35 billion compared to the estimate.
However, the remaining four bidders, including Son Hai Group Company Limited (Son Hai Group) - the bidder with the lowest price (over 732 billion VND), were eliminated due to failing to meet technical requirements.
Source: https://vtcnews.vn/vu-tap-doan-son-hai-truot-thau-bo-tai-chinh-de-nghi-kiem-tra-lai-toan-bo-ar952894.html
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