New bidding terms for Orange Line train project are unlawful: BTSC
The new bidding terms for a 35.9-kilometre section of the Orange Line rail project are unlawful and against a Cabinet resolution, Skytrain operator Bangkok Mass Transit System (BTSC) said on Wednesday.
Its statement came after it opted out of the new bidding, alleging the terms were designed to help a particular bidder.
BTSC chairman Keeree Kanjanapas said the new terms of reference (TOR) and request for proposal (RFP) “limit the competition” and will lead to the Mass Rapid Transit Authority of Thailand losing the opportunity to get the best offer.
“The new TOR and RFP are aimed at preventing the BTSC and its partners from participating in the bidding,” he said plainly.
The company is ready to participate in the bidding, but it must be fair and provide the maximum benefit to the country, Keeree added.
Meanwhile, BTSC chief executive Surapong Laoha-Unya said the new TOR and RFP are preventing private companies from participating in the bidding, even though they were eligible to participate in past bidding.
He alleged that the TOR and RFP were helping a particular consortium win the project, adding that such a practice would violate the BE 2542 (1999) Act against bidding collusion.
“We believe such a practice is unlawful and against the Cabinet resolution, the Administrative Court’s ruling, the Public-Private Partnership Act BE 2562 (2019) and other related laws,” Surapong said.
He added that the BTSC has filed a lawsuit with the Central Administrative Court against the TOR and RFP and it has also filed a complaint with the Department of Special Investigation, calling for a probe.