[size=36]Parliamentary question to the Minister of Transport due to the loss of 50 billion dinars annually[/size]
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, Member of Parliament, Representative Jamal Al-Muhammadawi, on Sunday, directed a verbal question to the Minister of Transport regarding the joint operation contract concluded between the General Company for Ports of Iraq and the Gulf Neighborhood Company, which incurs losses estimated at (50) billion dinars annually to the state. And he demanded from the Presidency of the House of Representatives to set a date for the minister to attend the session of the House of Representatives to answer orally the parliamentary questions.
A document issued by the office of Representative Muhammadawi, obtained by Mawazine News, stated that “according to Article (61-Seventh-A) of the Constitution and Article (27-Second) and (29) of Parliament Law and its formations No. (13) For the year (2018) and Article (50 and 51) of the internal system of the House of Representatives, Representative Al-Muhammadawi asked the Presidency of the House of Representatives to agree to direct a parliamentary question orally to the Minister of Transport and set a date for him to attend the parliament session to answer orally according to the period specified in the legal articles regarding the employment contract The joint agreement between the General Company for Ports of Iraq and the Gulf Neighborhood Company.
The document specified a set of questions and observations related to the Gulf Neighborhood Company’s contract with the Ministry of Transport, including that “the General Company for Ports of Iraq is supposed not to conclude a partnership contract to provide haulers to work in the port of Basra and Al-Amaya, since the Basra Oil Company has concluded lease contracts for a period of two years to provide three haulers with the knowledge The General Company for Ports of Iraq, where the contract No. (33/B/2018) was signed on (23/8/2018) and the contract No. (34/B/2018) on (10/9/2018) with the offer that the drawers were selected by The port masters are among the owners of the General Company for Ports of Iraq, so what is the benefit of the partnership contract, in which the ownership of the haulers remains in favor of the partner until (20) years with the returns and wages going to the partner. In a simple comparison, the contract for leasing the haulers from the Basra Oil Company and the home to work in the year (2018) before The entry into force of the partnership contract, it costs the Basra Oil Company per month (1,1) million dollars, while the share of the partner that (Gulf Neighborhood Company) receives for carrying out the take-off operations is (3) million dollars, meaning that the cost of the tankers leased by the Basra Oil Company represents only 37% of the cost of the tankers paid by the General Company for Ports of Iraq to the company Gulf neighborhood.
And she added, "The General Company for Ports of Iraq set the duration of the contract at (20 years), starting on (1/3/2019) for fixed ports and (1/12/2019) for single buoys, as stated in paragraph (Fourth/1) of the contract concluded between the two parties. Contrary to Article (14/a) of the rules of participation and investment prepared by the Ministry of Transport, which stipulates that (the term of the partnership and investment contract shall not be less than three years and not more than five years, and that determining the period is within the authority of the Board of Directors) and the contract file did not include the justifications for this Duration and the Minister’s approval for this exception from the period specified in the controls, contrary to Article (14/b) which stipulates (if it is necessary to enter into an exemption contract from Article 14/a of this article, the Council of Ministers shall decide on that, provided that it lays down practical and logical justifications for it and according to the feasibility study The economic plan prepared for the project and obtaining the approval of the Minister for it).
The document continued, "The terms of the contract concluded between the two parties did not specify the technical specifications of the marine units to be equipped in terms of the origin of manufacture, the name of the manufacturers, the year of manufacture and other technical specifications) by the second party to the contract, the details of which are listed below, which are owned by the General Company for Iraqi Ports after the end of the contract. Gulf Neighborhood Company to supply the marine units mentioned in the contract and as shown in the minutes of the site inspection and the start of work for the marine units No. dated (25/2/2019). Among these materials are (6) pullers of the type (ASD) with a capacity of (TONBP-75) and (3) (ASD) tugboats with the capacity of (TONBP-30) and (3) high-maneuvering small boat (RIPS), a logistic, local and regional support vessel, a diving vessel equipped with integrated diving equipment with integrated maintenance workshops, as well as a vessel for transporting passengers and livelihoods that accommodates (45) to transport crew allowance oil ports
She explained that "the joint operating contract is a proposal submitted by the contracting company to the office of the Minister of Transport, and it was answered by the minister in accordance with the letter No. (3316) dated (9/7/2018) studying the offer by the General Company for Ports of Iraq and submitting recommendations as The economic and technical feasibility study prepared by the Maritime Affairs Department was on (9/26/2018), while the date of the tender announcement was on (7/24/2018) and the bid opening minutes were on (5/8/2018), which indicates the formality of the announcement. The tender was published in two official newspapers, as well as both the economic and technical feasibility studies submitted by the Maritime Affairs Department.
And she pointed out that "the project to manage the oil ports through the provision of marine tugs has not been included within the basic design scheme for investment opportunities prepared by the company and approved by the minister, which indicates that the company's management does not intend to invest the mentioned oil ports in contravention of Article (7-a). Participation rules.
The document on “the company’s announcement of the tender in the two official newspapers (Al-Mushrif, Al-Muwatin) on (24/7/2018) indicated a number of violations, including: The company used the method of pre-qualification for its projects specified in the standard bidding documents when announcing the tender, and consequently the company’s failure to announce The subject of discussion is accurate and frank, and the number of marine tugboats and their specifications that are required to be equipped to create a competitive advantage to obtain the lowest prices, contrary to the instructions for implementing government contracts. The General Company for Ports of Iraq has not announced the investment opportunity in (three official newspapers, the company’s website, the commercial attachés of embassies Abroad, the United Nations Business Development website) to present the investment opportunity for competition, for the purposes of transparency and efficiency, and to solicit technical offers and choose the best one, contrary to the instructions for implementing government contracts.And the company’s bids study and analysis committee relied on the two bids submitted by two companies only, not three bids, and one time announced, contrary to Article (third - b) of the instructions for implementing government contracts No. (2) of (2014). Also, the contract concluded with the company did not include a text specifying subject to income tax.
The document revealed that “Paragraph (sixth-d/10.9) of the contract concluded between the two parties stipulated (the use of highly experienced crews at the expense of the second party, and that no less than half of the crew of a single puller from the cadres of the party shall be employed). The first (the General Company for Iraqi Ports) provided that the first party bears their wages), meaning that the General Company for Ports of Iraq committed itself to bearing the salaries of its staff working on the marine tugboats of the second party, which indicates a weakness in the drafting of the terms of the contract.
She explained, "there is no mechanism for calculating delay fines (the absence of an approved formula) in the event that the contracting company violates its contractual obligations and thus imposes a lump sum of (500) million dinars. In addition to the company's low percentage of the revenues of the oil ports, in addition to the company's failure to explain the scientific bases it has adopted. in determining the percentage of revenues granted to the contracting company.
She emphasizedThe company will increase the tariff of revenues and wages for the services provided by the General Company for Ports of Iraq to crude oil tankers that dock on the berths of fixed oil ports and single buoys, according to the company’s letter No. 200 dinars per ton) for crude oil tankers mooring on single buoys and (300 dinars per ton) for crude oil tankers mooring at oil ports. The number of haulers in the process of docking and taking off remains fixed for the next tanker, whether before entering the partnership contract or after entering it, as it performs this process (three haulers only) for one tanker, and nothing was provided to the anchored tankers to make the type of service better to deserve higher and did not provide boats An ambulance is in the areaThere are no pollution-fighting boats, but on the contrary, the services provided in the neighboring ports are more, and the fees for services are considered the highest in the region compared to the neighboring ports."
The document stated that “determining a profit rate for the second party amounting to (40%) for the first (9 months from the date of the contract) and after that it becomes (36%), which represents an amount exceeding (50 billion Iraqi dinars annually) according to the revenues actually achieved for the year preceding the date of the contract and for a total amount It exceeds (1000 billion Iraqi dinars) during the contract period (20 years), which is an amount sufficient to purchase a large number of tugboats or marine pieces and far exceeding the number of marine pieces that will be provided by the contracting company. Ended 29/A43