The Inspectorate of Binh Duong province stated: The Management Board of Investment Projects for Construction of Traffic Works of Binh Duong province (abbreviated as the Traffic Board) was established in 2021 to act as the investor for construction investment projects in the field of transportation using the provincial budget capital allocated by the People’s Committee of Binh Duong province.
In the medium-term public investment plan for the 2021-2025 period, the Traffic Board was allocated a total capital of nearly VND 15,500 billion for 40 projects, including 25 ongoing projects and 15 new projects.
In the period of 2021 – 2023, the Traffic Board implemented 4 projects with a total investment of over VND 3,173 billion, including: Project for construction of a bridge crossing the Dong Nai river (Bach Dang 2 Bridge); Project for upgrading and expanding DT.746 road section from Tan Thanh junction to Hoi Nghia junction; Project for construction of Vam Tu road and bridge; and Component 5 of Ho Chi Minh City Belt Road No.3 passing through Binh Duong province.
The inspection team selected 3 packages from 2 projects for inspection, including Package No. 01 “Construction of Vam Tu road and bridge” under the project for construction of Vam Tu road and bridge. The winning joint venture was Nguyen Cat – Tan Thanh – Vinh Phat with a price of over VND 120.1 billion. Construction Consulting Company Limited Standard Vietnam is the consulting unit for selecting contractors.
Package No. 02 “Construction of Section 2 from km65+720 to km69+920” belongs to the project for upgrading and expanding DT.746 road section from Tan Thanh junction to Hoi Nghia junction. The winning contractor was the joint venture between Ngoc Bao Trading and Construction Company Limited and Nguyen Cat Investment and Construction Company Limited with a price of VND 170.6 billion. The consulting unit for selecting contractors was Quang Minh Construction Technology Consulting Company Limited.
Package No. 03 “Construction of Section 3 from km69+920 to km73+369” belongs to the project for upgrading and expanding DT.746 road section from Tan Thanh junction to Hoi Nghia junction. Infrastructure Construction Joint Stock Company was the winning contractor with a price of VND 169.4 billion. Urban Construction Technical Consulting Joint Stock Company was the consulting unit for selecting contractors.
The inspection concluded that the bidding invitation documents set some evaluation criteria on capacity and experience that were inappropriate, and required a higher number of personnel for certain job positions compared to other positions (in all 3 packages).
The project for bidding was a Grade II construction project, but the bidding invitation documents only required “a practice certificate (…) of Grade III or higher” for some key personnel, which is lower than the regulation stipulated in Clause 2, Article 72 and Clause 3, Article 68 of Decree No. 15/2021/ND-CP dated 03/03/2021 by the government.
Regarding Package No. 03, there was no regulation for a managing contractor, but the consulting unit still included this criterion in the content of experience requirements for similar construction contracts, which was inappropriate according to the guidance of Circular No. 04/2017/TT-BKHDT dated November 15, 2017 by the Ministry of Planning and Investment.
The inspection conclusion requested the Traffic Board to organize an inspection of the preparation of bidding invitation documents, which still had some inappropriate evaluation criteria, leading to the approval of bidding invitation documents that were not suitable for the scale and technical characteristics of the package.
Regarding the consulting units for selecting contractors in the 3 packages, the inspection concluded that Construction Consulting Company Limited Standard Vietnam prepared bidding invitation documents with some conditions that were not suitable for the scale and technical characteristics of the package. Specifically, they required a higher number of personnel for certain job positions compared to other positions, and requested practice certificates for some key personnel that were lower than the level required for the project under consideration.
Quang Minh Construction Technology Consulting Company Limited prepared bidding invitation documents with some conditions that were not suitable for the scale and technical characteristics of the package, and required a higher number of personnel for certain job positions compared to other positions.
Urban Construction Technical Consulting Joint Stock Company prepared bidding invitation documents with some conditions that were not suitable for the scale and technical characteristics of the package. Specifically, they required a higher number of personnel for certain job positions compared to other positions, and included the regulation of “managing contractor” in the bidding invitation documents, which was not in line with the guidance of Circular No. 04/2017/TT-BKHDT dated November 15, 2017 by the Ministry of Planning and Investment.
The Inspectorate of Binh Duong province requested the Binh Duong Traffic Board to seriously rectify and draw experiences for collectives and individuals related to the appraisal and approval of bidding invitation documents with some evaluation criteria that were not suitable for the scale and technical characteristics of the package. At the same time, immediate solutions should be applied to the ongoing projects and packages to avoid similar shortcomings.
Regarding the 3 bidding consulting units mentioned above, although the Inspectorate of Binh Duong province requested them to seriously rectify and draw experiences in the preparation of bidding invitation documents and not to let similar shortcomings occur in other packages, it was not possible to impose administrative sanctions on these consulting units because the violation had passed the statute of limitations for administrative handling (1 year in the field of bidding, counted from the date of approval of the bidding invitation documents).
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