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Long term! BTS TABLE announces for the first time that the knot “Orange Line Skytrain” dissects the MRTA – the selection panel of 3 illegal tracks. “Change the criteria – cancel the auction – open to hear the opinion of the new RFP” on the side of “Surapong”. I filed a lawsuit for 3 additional cases. Regarding the new auction, I would like to see the conditions for the meeting
On March 10, 2021, Mr. Suraphong Laohha-Anya, Chairman of the Bangkok Mass Transportation System (BTSC) and Pol. Advisor to the Chairman of the Board of Directors, BTS Group Holdings Public Company Limited (BTS) announced the operation of the Orange Line, Bang Khunnon – Minburi Section.
Go back 3 knots “Orange Line” doesn’t like the trick
Pol. Col. Suchart said that BTS did not want to compete or be part of the state in the Orange Line Metro Project that opened the auction for the PPP amount of 128.128 million baht (MRTA) and the Selection Committee under Section 36 of the The Joint Venture Law 2019 (Selection Board) did not act in accordance with the legal power, divided into 3 cases.
The government has no power to MRTA changes the criteria
First case, the change in the project consideration criteria on August 13, 2020 after Italian-Thai Plc. Please send a letter to Mr. Phakaphong Sirikantaramas, Governor of the MRTA and Mr. Prapas Kong-ied, Director of the State Business Policy Office (Sister Kor Por) at that time. SSO has a letter to the MRTA that is within the power of the Selection Committee under Section 36 of the Joint Ventures Act of 2019.
In fact, the Director of Sor Kor Por does not have the right to do so, in which Section 38 of the Joint Venture Act 2019 does not authorize it. Director of Sister Kor. As Secretary of the State Business Policy Committee (person Ror.) With Mr. Supatthanaphong Phanmichaow, Deputy Prime Minister. As president instead of prime minister You must propose to the school people to consider first and send to the Cabinet (Cabinet) for approval in the last order To proceed to change the rules
“The Joint Venture Act 2019 is a law that has a unidirectional operation. Or forward. There is no turning back. “
Therefore, MRTA will again change the criteria for project consideration. What is an important part? Therefore, it is necessary to comply with the Announcement of the Joint Committee on State-Private Investment Policy on article 9 of the Criteria, Method and Conditions of Private Selection 2020, but it was found that the change in the criteria aforementioned was a pre-opening action. the offer envelope, so there was no law Which of the following gives the authority to proceed?
Finally, MRTA and Committee, Section 36 It was only 16 days since the Italian-Thai PCL sent the letter. It is a significant change for the project that has been undergoing feasibility studies since 2011.
He was asked if the change in criteria was opened to reading the original study report and if the change was considered a violation of the results of the previous study, which BTSC then submitted to the Central Administrative Court for consideration. This case In addition to requesting a respite from this command Then return to the same financial criteria. Finally, the court ordered a respite But the MRTA still appealed.
The claim cannot be canceled.
Case 2 Cancellation of project bidding In which the cancellation must be made in accordance with the Joint Venture Law 2019, the Cabinet must first be considered as the owner of the project. MRTA is only one agency that owns the project But it was found that it was not specified in the MRTA announcement. MRTA’s claims of rights under the RFP Appendix were not possible because cancellation of the project was subject only to “power of attorney”. You will not be able to use the “right”
“This case led to the withdrawal of an appeal order for the suspension of the Supreme Administrative Court of the MRTA, so there is a suspicion why the MRTA refused to wait to hear the decision of the court first. That can be issued both as you and the MRTA, that is, cancel the suspension of the order of the Central Administrative Court to use the new criteria AND as punishment, standing before the Central Administrative Court Using the same price criteria “
Any questions, listen to new opinions, use km.
And the third case for the new RFP hearing round on March 1, 2021, what power is used in the exposure, has the cabinet as the owner been proposed to consider first or not? And hear new opinions It was clearly stated that the technical criteria of 30 points plus the price of 70 points should be considered as the main criteria to consider. And the words are adjusted Removing the message “Cabinet resolution” Only the rights of the MRTA remain.
Ongoing Warning This year was not signed.
“If the MRTA is still this stubborn Believe that this project within this year was not signed Because they will cry like that when you (MRTA) start with a disgust and then do not choose a legal method. It is not just about you, I think the MRTA knows how to act in accordance with the law but not. Because if it does, someone will be examined and also considered a criminal. If an auction like this has been reduced to the cabinet level, it is approved. The disappearances will be great, “said the lieutenant. Colonel Suchart.
Maker 4 Authority to suspend the auction.
Lieutenant Colonel Suchart went on to say that BTS sent a letter to 4 people, including General Prayut Chan-o-cha, Prime Minister and President of the Royal Navy, Mr. Sak Siam Chidchob, Minister of Transport. And the MRTA Board of Directors has directed the MRTA Governor and Selection Board to suspend such action until the court has a ruling.
“I would like to confirm that with BTS proceeding with the case. Not because the cake is not well divided. But we want the project to be in fair competition if the MRTA and the selection board see the price criteria combined with good technique. Why wasn’t it determined in the first place? If it had been done in the first place, it wouldn’t have happened like today. “
Additionally, BTS has filed a criminal case against the Governor and Selection Committee of the MRTA. To the Criminal Court in central cases of corruption and misconduct On the basis of a crime performing or omitting the performance of duties inappropriately. To cause harm to anyone OR to perform or refrain from performing duties dishonestly It is a black numbers case that O Tor 30/2564, pending the court considering accepting the complaint on March 15th.
MRTA administration processing, 3 cases
Surapong said it has not decided yet whether it will participate in the new draft RFP. I would like to consult with the Legal Department first, regarding the MRTA withdrawing the appeal against the Supreme Administrative Court and the court has issued an order to resolve the case. Considering whether to appeal the withdrawal of the case This must be done within 30 days of the date of the court order of March 5, 2021.
At the same time, it is considering filing a new case before the Administrative Tribunal, which is the MRTA canceling project tenders and open hearings for the completion of RFPs that do not have legal jurisdiction, in which two cases have 90 days to decide.
Brewing tables, bang together – don’t join the auction
As for whether to participate in this auction or not I first have to wait and see the details of the RFP. And then he proposed to the BTS board for further approval. If they join, they will join Sino-Thai PCL. The same and perhaps more allies.
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