‘Orange Line’ private cars buy TOR envelopes and can the public sector change TOR conditions as well?

The reporter reported that Mrs. Worawan Tarapoom, former chairman of the Federation of Thai Capital Market Business Post a message through Facebook personal invasion, stating that ..

Orange Line Metro: Private companies buy TOR packs and can the government change the conditions in TOR as well?

1.What is TOR
TOR (Term of Reference) is the employer’s requirement. Which clearly tells the scope of the work Tell me the time you want Bidder Qualifications Which the buyer or the employer wants to work according to the said scope … Performing the work under the contract, what will the contractor get? How to breach the contract will be fined
And most importantly, the employer will open the envelope at various contractors How to propose the conditions according to TOR, as well as the important rules for determining the order of determining how winners will be selected.
In addition, once a winner is obtained, TOR will also be the reference document used as part of the employment contract.
In the case of this orange line A private person who wants to get a job has to buy a TOR to determine if he is qualified, can follow TOR, as well as whether the conditions in TOR are worth the bid or not, so TOR Therefore, it is necessary for the contractor to study beforehand that the work according to the announcement can be performed.
2. Orange Line Skytrain What is the route
The Orange Line is a walking route that connects Bangkok Thonburi and Phra Nakhon together from Bang Khunnon area, Thonburi side, passing Siriraj Hospital under the Chao Phraya River. Crossing into the Phra Nakhon side, passing through the old town, Rattanakosin Island Then go east through the Pratunam district. Enter the Ramkhamhaeng University area. (Hua Mak – Bang Kapi) until the end of the line Suwinthawong Road, Minburi district, total distance 35.9 kilometers, divided into 27 kilometers underground tunnel and 8.9 kilometers elevated sky level.
3. What is the problem?
On July 3, 2020, the Mass Rapid Transit Authority of Thailand (MRTA) issued an announcement for interested private companies to invest in this electric train project. Documents can be purchased for auction (TOR) from 10-24 July 2020.
But when a number of private citizens bought TOR and made a project to offer themselves to the contest, it appeared that the MRTA changed their minds in the air. With the resolution on August 21, 2020, the conditions of the new tender document (TOR) have been changed, despite the fact that 10 companies have already purchased the tender envelope since there is a private company who submitted the bid envelope requested that MRTA change TOR
And the entire committee who is in charge of this competition is kind Go accept the offer Until leading to a change in conditions (Except for a female director That does not agree with the change in TOR in mid-air)
It must be known that the conditions in TOR cannot be changed by themselves. It raises doubts that there may be corruption in favor of one private individual. (If you are going to lock the specification, you should do it before selling TOR to private person!)
What causes the Selection Committee to turn 180 degrees without using the specified TOR criteria, but using the new criteria that have been modified after the closing of the tender envelope?
In this case, P Srisuwan has made a complaint to the DSI and stated that it is likely to fall into several lawsuits and sections.
In this regard, on October 14, 2020, the Central Administrative Court scheduled a hearing in the case that BTSC filed a lawsuit against the Committee for Selection and 2 people, asking for the resolution to be revoked. C. Elective To amend the TOR conditions after the auction envelopes have been closed. Because that would cause an advantage and disadvantage to some private individuals. Along with requesting the court to issue a temporary protection order before the judgment By ordering to suspend the acceptance of private proposals on 9 Nov 2020
The Central Administrative Court has considered. Therefore, a temporary protection order was issued on 21 October 2020 to allow MRTA to return to the original consideration criteria, namely Open feature envelope, technical envelope, financial proposal envelope And envelopes additional proposals until the verdict is issued.
The strange thing is that despite the order of the Central Administrative Court There was a protest from Anti-Corruption Organization (Thailand) and Brother Srisuwan gave the CPO selection. Back to the original criteria, but MRTA continues to appeal with the hope that the new guidelines can be applied.
It is doubtful that there has been an effort to benefit some private individuals or not. Would it be alright to move forward in an unlikely path that ignores the rules of etiquette and righteousness?
In the case of changing TOR like this, regardless of how MRTA has publicized on other issues. It is not out of the question to the public that you may benefit some private individuals.
4.Who will be responsible
Such a matter, not only MRTA and the CPF are selected to be responsible. Private companies requesting to change the conditions by sending a letter to the State Enterprise Policy Office (Sor Kor.) To consider improving the evaluation of the proposal to find the winner of the project selection. Must be responsible too
I do not want a company that is known as incompetent that it has to unfairly take advantage of others or use a fraud without good governance. Because it will make that company Meet the “Negative List Guideline” for institutional investors such as the GPF, Mutual Fund, Provident Fund, etc., which are set to raise the level of investment in Thailand into responsible investment.
Who will win is not a big deal if everyone follows the rules. Compete fairly
But if victory comes through a trick Or by buying oneself It’s a shame
And it would be a shame. If the issue of fixing TOR in mid-air like this Occurred in the government of Prime Minister Prayut Chan-o-cha, known as an honest and non-corrupt government.
This work does not have to ask for a receipt. Because of the change in TOR conditions after the auction envelope has been closed That is, the receipt
If this is not considered and treated properly and fairly, how can we live in this country in peace? That provides cooperation with the public And hoping to receive justice to be able to come to terms
In this regard, BTS has filed for fraudulent court. Alleged that the MRTA and illegal criminals, Moo 157-165, which the court of corruption Will decide whether to accept or not get sued on March 15
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Open a lawsuit against the corruption court! ‘BTS’ accused ‘MRTA Governor – guys’ wrong, Section 157-165, fix the orange line TOR
https://www.isranews.org/…/96384-MRTA-BTSC-orange-line…
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Worawan Tharaphum
March 3, 2021

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