Times of India: Mumbai: Saturday,
October 22, 2016.
Eyebrows are
being raised over Mumbai Metropolitan Region Development Authority's (MMRDA)
decision to award a Rs5,000crore contract for Metro projects to a blacklisted
firm despite associate advocate-general Rohit Deo's critical observations.
Congress
general secretary Sachin Sawant said that in view of Deo's observations, it was
wrong on the part of MMRDA, headed by chief minister Devendra Fadnavis, to
grant such a huge contract to J Kumar Infraprojects Ltd (JKIPL). BMC had on May
15 initiated the process to blacklist the firm due to substandard work. MMRDA
had sought Deo's opinion on whether JKIPL can be considered eligible for
opening of financial bids, if it is successful, whether it can be awarded the
contract, and whether the four companies involved in alleged irregularities
would be considered ineligible to participate in bids issued by MMRDA for its
work.
Sawant
invoked the RTI Act to secure a copy of Deo's opinion. "I have carefully
gone through Deo's opinion. Had MMRDA read the opinion, it would not have given
the contract to JKIPL. Congress has demanded a probe into the allotment of the
contract to JKIPL. Since Fadnavis is committed to eradicate corruption, I am
sure the CM will cancel the contract,'' Sawant said.
In his
seven-page opinion, Deo said, the scope of the opinion was restricted to
explain the broad principles and parameters of the legal position and the
decision on opening the financial bid of the contractor concerned would be in
the executive domain of MMRDA. "Even a cursory perusal of the clause
pertaining to disqualification of the bidder would reveal that a bidder who
qualified in the technical bid evaluation can nonetheless be disqualified from
further participating in the tender process in the event the bidder has a bad
record of poor performance... a bidder whose technical bid is found to be in
order can nonetheless be disqualified and MMRDA would be more than justified in
not opening the financial bid if material suggests a record of poor performance
in respect of work,'' Deo observed.
Deo stated
that the poor performance was obviously not restricted to work done in
pursuance to a contract that may have been executed on behalf of MMRDA, a
record of poor performance would suggest that MMRDA would be more than
justified in taking into consideration the assessment of the work of the
contractor by any other employer, organization or corporation. "The
purpose of the disqualification clause is to ensure that even if a bidder is
technically qualified, MMRDA should not be compelled to open a financial bid
should there be material to suggest that the capacity or ability of the
contractor to deliver the goods is suspect,'' Deo said.
Deo observed
that MMRDA could refuse to open the financial bid of JKIPL; however, before
disqualifying the firm, it must make an objective assessment and conclude that
the contractor has a record of poor performance, and his further participation
in the tender process could be subversive of public interest.
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