In the bustling cityscape of Bangkok, the controversial Orange Line rail project just acquired a notable victory. The Central Administrative Court backed the Mass Rapid Transit Authority of Thailand (MRTA), sidelining the lawsuit filed by Bangkok Mass Transit System Plc (BTSC).
The legal tussle spiralled around BTSC’s allegation regarding the unjust alteration of the terms of reference (ToR), which were initially proposed on May 24 of the previous year. BTSC further claimed that the MRTA committee, assigned the task of choosing a private co-investing partner for the extension of the Orange Line, had deliberately altered the ToR, to tilt the result towards a specifically preferred bidder.
Despite these accusations, the court ruled differently. It was found that MRTA adhered strictly to the public-private partnership investment law, and any changes made to the ToR were judged as rightful, according to an anonymous source. As per the court’s directives, the committee ensured a public hearing spread over 60 days to discuss the proposed alterations, adhering to the 2019 Public-Private Partnership Investment Act.
An anonymous source revealed that BTSC requested an extension on the deadline for bid submission from MRTA, reasoning that they required a foreign partner following the revised ToR. This compliance demonstrates BTSC’s understanding and acceptance of the updated ToR, indicating their continued interest in bidding.
The modifications in the ToR made it obligatory for bidders to have prior experience in successfully carrying out a state construction project. There was an added emphasis on technical expertise and sufficient experience required to undertake the construction of the Orange Line’s new segment, which involved tunnelling beneath critical areas, as reported by the Bangkok Post.
These requirements align with the existing rules set by the Comptroller General’s Department, aim to foster trust in construction projects managed by government bodies. Furthermore, the court addressed BTSC’s concerns regarding the potential influence of MRTA’s 8.22% share in Bangkok Expressway and Metro Plc (BEM) towards an unfair bidding, as BEM emerged as the ultimate contract winner. Yet, counteracting this argument, the court referred to a 2000 cabinet resolution which decreed MRTA’s compulsion to hold certain shares in BEM.
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