The Paint and Sea Group Misses Out on a 17 Trillion VND Contract: Why Did Binh Phuoc Reject All Appeals?

On the evening of June 26, the People’s Committee of Binh Phuoc Province stated that it had issued a document responding to the petitions of Son Hai Group Joint Stock Company (Son Hai Group) regarding the bid invitation for the construction of the Ho Chi Minh City – Thu Dau Mot – Chon Thanh Expressway, passing through Binh Phuoc Province.

According to this document, the People’s Committee of Binh Phuoc Province concluded that the evaluation of the electronic bid invitation by the investor/project expert group was ensured in accordance with regulations. Therefore, the petitions of Son Hai Group are inappropriate.

Previously, on May 27, the People’s Committee of Binh Phuoc Province received a document from Son Hai Group reflecting on the signs of improper bidding, causing significant waste and loss to the state related to the construction package of the Ho Chi Minh City – Thu Dau Mot – Chon Thanh Expressway project, passing through Binh Phuoc Province. However, after consideration, the People’s Committee of Binh Phuoc Province rejected all the petitions of Son Hai Group.

Regarding the content that the investor/inviting party evaluated Son Hai Group as not meeting the requirements for materials and equipment supplied for the package, the People’s Committee of Binh Phuoc Province stated that the electronic bid invitation document has specified the materials, supplies, and major equipment to be used in the project. However, the electronic bid of the contractor did not declare and provide incomplete information, failing to meet the requirements of the electronic bid invitation document.

Therefore, to ensure the evaluation of the electronic bid, the Binh Phuoc Province Project Management Board (investor) sent a document to the Bidding Management Department (Ministry of Finance) requesting guidance. Subsequently, the Bidding Management Department provided guidance that if the contractor’s electronic bid does not state the symbols, codes, labels (if any), and origin of the main materials and equipment as required by the electronic bid invitation document, it shall be considered invalid.

The document of the People’s Committee of Binh Phuoc Province clearly states that based on the electronic bid invitation document, the contractor’s electronic bid, the guidance of the Bidding Management Department, and the evaluation report of the expert group, it is necessary for the electronic bid to provide information on the symbols, codes, labels (if any), and origin of 92 types of equipment as required by the electronic bid invitation document. Therefore, the content in which the investor and the bidding expert group evaluated the contractor’s electronic bid as failing to meet the requirements is consistent with the regulations.

Regarding the content that the investor/inviting party evaluated Son Hai Group as not meeting the requirements for BIM organization in the package, the Consulting Council also reviewed and requested relevant agencies and units to explain and clarify. Accordingly, the Binh Phuoc Province Project Management Board/expert group stated that BIM-related work has been included in the criteria of the electronic bid invitation document. These are the general and comprehensive criteria for the package.

In addition, the electronic bid invitation document includes an explanation of the results of BIM data creation at the construction drawing design stage to provide contractors with sufficient information to present technical proposals for BIM implementation. Therefore, the decision of the investor/bidding expert group to apply BIM for the construction package during the construction phase and the evaluation of the contractor’s electronic bid as not meeting the BIM criteria of the electronic bid invitation document is in accordance with the regulations.

Moreover, regarding the content that the investor/inviting party evaluated Son Hai Group as not meeting the requirements for construction machinery and equipment serving the construction of the package, the investor/bidding expert group affirmed that the regulations on inspection documents accompanying the equipment requirements in the bid invitation document are clear and comply with the law.

With regard to the contractor’s other petitions about the bidding certificate of the head of the expert group, based on the dossiers and bidding certificates of the expert group provided by the investor and compared with the Government’s regulations, the contractor’s petitions are found to be incorrect.

Did Son Hai Group fail to meet the technical requirements?

Previously, as reported by PV, in the morning of May 26, on Son Hai Group’s fanpage, there was a post about a document sent to the Binh Phuoc Province Project Management Board, objecting to the results of the contractor selection for the construction of the Ho Chi Minh City – Thu Dau Mot – Chon Thanh Expressway. Son Hai Group reflected on being excluded from the bid for the construction of the Ho Chi Minh City – Thu Dau Mot – Chon Thanh Expressway, despite having the lowest bid price among the five contractors.

The Group expressed their “surprise” that on May 22, the investor decided to choose the high-speed joint venture with a bid price of VND 866,455 billion. Meanwhile, Son Hai Group and four other contractors were disqualified for failing to meet the technical requirements.

On May 28, the Bidding Expert Group stated that Son Hai Group failed to meet the technical requirements specified in their electronic bid. The expert group evaluated that the contractor did not meet the requirements for materials and equipment supplied for the package, failed to meet the requirements for BIM organization in the package, and did not meet the requirements for construction machinery and equipment serving the construction of the package.

The Ho Chi Minh City – Thu Dau Mot – Chon Thanh Expressway, passing through Binh Duong Province, has a total length of about 52 km. The expressway is designed with six lanes and a speed of 100 km/h. Phase 1 of the project is implemented in the form of a public-private partnership (PPP), with a scale of four expressway lanes and a continuous emergency lane on the entire route, and a road width of 25.5 m. The total investment for this project is approximately VND 17,400 billion, with a construction period of 36 months, expected to be completed in 2027.

It is known that the construction package of the Ho Chi Minh City – Thu Dau Mot – Chon Thanh Expressway, passing through Binh Phuoc Province, has a total value of nearly VND 1,500 billion. This project is invested by the Binh Phuoc Province Project Management Board.