The construction package for the Ho Chi Minh City – Thu Dau Mot – Chon Thanh Highway, passing through Binh Phuoc province, with a value of over VND 880 billion, was managed by the Binh Phuoc Province Project Management Authority as the investor.
On March 17, 2025, the investor opened public bidding through a network with the participation of 5 contractors. Among them, Son Hai Group Joint Stock Company offered the lowest price of VND 732.280 billion, along with a 10-year warranty commitment. However, on May 22, the investor decided to choose the highway consortium with a bid price of VND 866.455 billion. Son Hai Corporation and four other contractors were disqualified for failing to meet technical requirements.
In a petition sent to the Project Management Board and the People’s Committee of Binh Phuoc province, Son Hai Corporation expressed surprise and found the decision unconvincing, especially the reason of “not meeting technical requirements”. The corporation accused the investor of showing signs of violating legal regulations in bidding; requesting competent authorities to reconsider the entire process of selecting contractors, ensuring compliance with legal regulations and avoiding dangerous precedents that could lead to a decline in trust in bidding activities.
A project constructed by Son Hai Corporation. |
According to the evaluation report on bidding documents (E-HSDT), 4 contractors were disqualified, including Son Hai Corporation, due to failing to meet technical requirements. Specifically: Failing to meet the requirements for supplies and equipment provided for in the package; failing to meet the requirements for organizing the implementation of Building Information Modeling (BIM) in the package; and failing to meet the requirements for construction machinery and equipment to serve the construction of the package.
Clause 3, Chapter V of the E-HSMT stipulates: “The contractor must make a list of specific types of materials, equipment, and bid items, clearly stating: labels, codes (if any) and clear origin, and must not list multiple types or equivalent items. In addition, for materials and equipment installed in the work, it is necessary to meet the standards for quality, conformity, and conformity (if any). If this requirement is not met, it will be considered technically unqualified and will be disqualified.”
However, Son Hai Corporation did not bid on the list of materials, equipment, and main equipment items for the medium-voltage line and transformer substation items, did not specify a specific item code or code, and did not have quality standards for specific types of materials, so there was no basis for evaluating the satisfaction of the E-HSMT.
According to the bidding expert group, if Son Hai Corporation wins the bid and is awarded the contract, the inviting party will not have a basis for comparing, evaluating, and accepting the materials before construction as specified in the E-HSMT.
According to the current legal regulations, since the information about materials and equipment is missing and does not fall under the category of supplementary or substitute items, Son Hai Corporation’s E-HSDT is evaluated as unqualified.
According to Decision No. 258/QD-TTg dated March 17, 2023 of the Prime Minister on approving the Roadmap for applying Building Information Modeling (BIM) in construction activities. The application of BIM is mandatory under current regulations for construction management dossiers, construction quality management dossiers, and construction completion dossiers… However, Son Hai Corporation’s E-HSDT does not present a method for implementing this, so it is evaluated as unqualified according to the regulations in Chapter III of the E-DSDT.
In addition, Son Hai Corporation’s E-HSDT has 12 types of construction equipment that do not have documents for technical safety inspection and environmental protection or certificates of conformity as required by the E-HSMT. In a document dated April 16, explaining and clarifying the issue, Son Hai Corporation affirmed: “All 12 of our equipment have certificates of inspection as prescribed,” so the contractor did not agree to replace but only supplemented the construction equipment with attached inspection documents for the inviting party to evaluate.
Hoang Nam
– 13:59 26/05/2025
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