SURAJ NANDREKAR
PANAJI: Despite the Central Vigilance Commission guidelines and diktats of awarding the Government and corporation works above Rs 5 lakh only after tendering the work of Kala Academy has been awarded on a Nomination basis.
No five lakhs, this work of Rs 49.57 cr has been awarded to Techton Buildcon Pvt Ltd, Mumbai, on a nomination basis.
The estimated cost of the renovation is Rs.49,57,11,000.00.
The work includes Structural Repairs and allied Civil Works, Plumbing and drainage System, Electrical Works, HVAC Works, Acoustic Works; estimates were prepared by Work Division V, PWD, Panaji, -Goa and no amount was paid to the PWD;
As per teh Minister of Art and Culture, 10% of civil work is completed to date, and the time allowed to complete the work is 365 days.
Gaude says the work was awarded as per government approval and decision.
The minister says that the allegations of the scam in tendering are all baseless.
“This is all political stunt. we have taken all approvals of the Cabinet before awarding work,” he said.
Sources said the brief submitted at the cabinet meeting said that the project has to be awarded to Techton by avoiding tender proceedings considering the urgency and need for timely completion of work.
The “willingness” work order…
The work order issued by Public Works Department says”your willingness to execute the above-mentioned work has been accepted on behalf of the Governor of Goa for an amount of Rs 39,63,73,158 (thirty-nine crore sixty-three lakh seventy-three thousand and one hundred and fifty-eight only), which is at PAR with the estimated cost excluding all taxes and GST of Rs 39,63,73,158.”
It added,” you are requested to contact the Assitant Engineer Works Division – V, PWD, Porvorim, to take possession of the site and start work.
You are hereby requested to attend this office to complete the formal agreement on receipt of this letter.
Please note that teh time allowed for carrying out the works is 165 days and shall be reckoned from the 15th day of this order.”
The CVC guidelines on tenders
The Central Vigilance Commission order clearly states that no work could be awarded without tender. Even single tenders are not entertained.
The CVC came out with the above guideline after irregularities observed during intensive examination of work and difficulties faced by the PSUs in inviting tenders.
“There is a need to bring greater transparency and accountability in the award of such contracts. While open tendering is the most preferred mode of tendering, even in the case of limited tendering, the Commission has insisted on transparency in preparing the panel.
It is needless to State that tendering process or public auction is an essential requirement for the award of a contract by any Government agency as any other method, especially award of contract on nomination basis, would amount to a breach of Article 14 of the Constitution guaranteeing right to equality, which implies right to equality to all interested parties,” CVC guidelines state.
SC judgement for tenders on Nomination basis….
A relevant extract from the recent Supreme Court of India judgment in Nagar Nigam, Meerut Vs A1 Faheem Meat Export Pvt. Ltd. [arising out of SLP(civil) No.10174 of 2006] is reproduced below to reinforce this point.
“The law is well-settled that contracts by the State, its corporations, instrumentalities and agencies must be normally granted through public auction/public tender by inviting tenders from eligible persons and the notifications of the public-auction or inviting tenders should be advertised in well-known dailies having wide circulation in the locality with all relevant details such as date, time and place of auction, subject matter of auction, technical specifications, estimated cost, earnest money deposit, etc.
The award of Government contracts through public auction/public tender is to ensure transparency in the public procurement, to maximize economy and efficiency in Government procurement, to promote healthy competition among the tenderers, to provide for fair and equitable treatment of all tenderers, and to eliminate irregularities, interference and corrupt practices by the authorities concerned.
This is required by Article 14 of the Constitution.
However, in rare and exceptional cases, for instance, during natural calamities and emergencies declared by the Government; where the procurement is possible from a single source only; where the supplier or contractor has exclusive rights in respect of the goods or services and no reasonable alternative or substitute exists; where the -4- auction was held on several dates but there were no bidders or the bids offered were too low, etc., this normal rule may be departed from and such contracts may be awarded through ‘private negotiations’.”