[ad_1]
MRTA – Selection Committee, Section 36, Uprudent, tender on the orange line, worth 1.4 billion, do not care about representatives of the objection office TOR change events There is a big problem to be introduced into the cabinet. BTS’s side awaits a court order before suing again.
Resolution of the Selection Committee under Section 36 of the Law of Public-Private Investment Project 2019Metro of the orange line Bang Khunnon – Minburi (Suwinthawong), with Mr. Kittikorn Tanpao, Deputy Governor of the Mass Rapid Transit Authority of Thailand (MRTA), presiding over the urgent agenda, canceling the auction of the orange line, distance 35.9 kilometers, for value of 1.42 billion baht came out without waiting for the order of the administrative court on February 3, 2021 at the meeting. Arguing that due to the lack of progress in the case, if the decision is pending without a defined time, it may delay the execution of the Orange Line project. It is the source of the flash auction, that many people do not expect the results to come out like this.
Cut the face of the court that falls on the orange line
However, scholars have noted that This offer It may be because the committee Know in advance that the administrative court is close Consider the case of changes in the conditions of the auction. Completed soon That the court may have to adhere to the original conditions of the auction, that is, seize the price envelope that is private for the benefit of the State Because before The court issued a respite order to use the original TOR criteria. When this is the case, if the court order is issued, it will be the norm that all projects adhere to factors as important as the bidding factor equals the closing of the case. Between the State and the private sector; and Following the disposition of the court case
In this regard, the issue of case number Black 2280/2020 arises from the parties, Bangkok Transportation System Public Company Limited or BTSC, it is a matter brought against the Selection Committee under Section 36 as a defendant on September 17, 2020 in the case Change the rules, conditions, auction, orange line, take the technical envelope together with the financial envelope, the proportion of the technical envelope 30%, the financial envelope 70% of the original condition, consider the price envelope as the basis after of 10 private parties join together to buy the envelope, which is considered unjustified and may cause a disadvantage to competitors
Meet technical + price criteria
At the same time, the new criteria that the MRTA has to prepare to issue new announcements and bidding rules. MRTA insists that it will continue to abide by the rules Edited It is to consider the technical envelope along with the price envelope, but it has been observed by the private sector that If the technical score is approved, the price score is still divided from 70% to 60 % + 10%, which means that 10% can open a channel for the committee to exercise its discretion to determine the stability of the competitor. Is there any inferior to the disadvantage or not?
The opposition must enter the cabinet
If going back to the previous one There will be changes in the terms of the terms of reference proposed by the private sector, namely, Italo-Thai public development company limited, ITD, that the orange line must use advanced techniques because most of the routes are works underground, so individuals must have the potential to act Rather than focus on price for passenger safety and Reduce the burden of building a long-term train. And lead to the amendment of the new orange line auction rules
Before announcing to private envelope buyers on August 27, 2020, Ms. Kanokrat Khunthong, representative of the Budget Office in Selection Department, disagreed and had a letter of objection on September 28, 2020 , in the conclusion that due to the problem of amending the Orange Line Auction regulation It is a big problem, it must be proposed to the Cabinet meeting (Cabinet) for approval, because it had already been previously approved. The guidelines come from the Public-Private Investment Policy Committee (PPP Committee) and are approved by the Cabinet. You should notify the cabinet first.
Bidding for no reason
However, he still objected that The orange line auction this time Irrational support Compared to other projects because 2. There are individuals to buy envelopes and they are ready to compete in the auction 2. It is not a serious force majeure 3. Do not use budget problems 4. The government does not cancel the Orange Route, etc. Although the Selection Committee under Section 36 will confirm that it has the power under the Act. Joint investment between the state and the private sector, Section 38 (7), but in practice it is the actual use of power, so the Committee Selection under Section 36 has issued regulations. However, the TOR rules of the MRTA or article 12 of the RFP instead of bidding for this auction. Evaluate that it is definitely not a minor matter.
BTS waiting for court
However, there is a lot of current that says this. Not finished yet MRTA will issue new auction regulations. But it will end up in the Administrative Court continuously or not When BTSC went out to interview the media that Waiting for an order from the Administrative Court to consider Continuing with the question of whether to sue or not Then we must wait for the result of the court how go out
On this matter, Mr. Surapong Laohha Anya, Director of BTS Group Holdings Public Company Limited or BTS, revealed that in the event that the selection committee under Section 36 of the Joint Law on Private Investment-State, By. Fri 2019 Resolve to cancel invitation to invest in Orange Line Project During Bang Khunnon – Minburi (Suwinthawong), MRTA is now awaiting clarification, after which the Legal Department should consider the potential impact on BTS. How would it be against the law to cancel the invitation to invest in the Orange Line Project?
In the event that the Administrative Tribunal is in the process of considering an investigation, it is considered final. The MRTA has to withdraw the case from the administrative court after the appeal has been filed in the past. If there is an announcement to bid for a new bid, BTS must first consider the conditions of the auction details (TOR).
The origin : Page 1 Economic Base No. 3,651 from February 7 to 10, 2021
Related news
“Orange Line” open auction timeline after MRTA issued the auction announcement.
“Dr. Mana” warns against taking the national interest as a game that falls “Orange Line”
This March, the MRTA aims to open the Round 2 auction of the “Orange Line”
“Vishnu” insists on bidding for the orange-green train No special law
Section 36 of the Board, the green light bidding “Orange Line”
