Controversy dodges Rs 100 crore tender for supply of solar lights

Avtar Bhat
JAMMU, July 25: Controversy has dodged issuance of subsequent corrigendums to the tenders for purchase of various solar items by J&K Energy Development Agency (JKEDA) with various reputed firms of the State and country openly challenging the decision of authorities and demanding that the same be reconsidered to ensure wider participation of suppliers and agencies in the tender.
According to sources, J&K Energy Development Agency (JKEDA) falling under the Ministry of Science and Technology called the tenders for supply 47,000 solar lights worth Rs 100 crore for Doda, Rajouri, Poonch, Kishtwar, Bandipora, Kulgam Kupwara, Reasi, Shopian, Budgam Udhampur and Ramban districts. Out of them 10,000 additional solar lights are alone to be purchased for Kishtwar district, sources added.
However to manipulate the contract, three corrigendums were issued by the Agency from time to time to the tender notice issued in the last month, sources said. The due date for the receipt of tenders was June 30 last month which was first extended to July 7, 2014 and subsequently to July 21, 2014.
Sources said to manipulate the tenders the first corrigendum was issued by the agency on June 18 where in the discrepancies regarding the experience in terms of financial years relevant to the dates of issuance of tenders was made.
However not satisfied with it, the authorities issued second  corrigendum on June 24, 2014, where in the scope of eligibility was increased to facilitate more firms to participate in the tenders. After issuance of second corrigendum the due date was extended to July 21, sources added.
Sources said after issuing two corrigendum to tenders, the agency suddenly remembers the Central Vigilance Commission (CVC) of India guidelines and issued the third corrigendum on July 10 as an afterthought putting in the pre qualification criteria, verbatim, as envisaged in the circulars issued from time to time by the CVC of India. Questioning the issuance of three corrigendums to tenders some reputed suppliers of the State and country have said that when the CVC guidelines have been issued in year 2002 why the agency did not kept them in consideration while issuing the tender notice first or later during the two subsequent corrigendums and why it issued the third corrigendum for the same, sources added.
Sources said these suppliers while challenging the Agency decision of issuing the three corrigendums said that it has broken the basic spirit of CVC guideline which was for the civil and electrical contractors and not for suppliers and store items. But the third corrigendum was issued to discourage the prequalification, benefit a particular firm and discourage the other young suppliers and firms of the State and country.
Sources also said that supply of solar items falls under store category and it has been incorporated with civil works which is not justifiable at any cost and the guidelines of CVC of India were misinterpreted in this regard.
Sources while quoting the CVC guidelines said despite the fact that, the Commission  has also repeatedly emphasised, that the indenting departments should ensure that there is adequate scope of fair play and wide participation to ensure healthy competition, so no monopolies are created.
The suppliers while questioning the issuance of corrigendum have made it clear in their dissent note that the second corrigendum seems to have been issued without understanding the market dynamics of the solar market whose evolution in India is still in a nascent stage and probably there would be hardly any company which could match the pre qualification set, sources said.
They have made it known to the agency that the corrigendum post facto changes the dynamics of fair play and limits the competition drastically despite the fact that the purchaser needs to look at factors wherein the overall cost of the project should not spiral due to lack of competition.
Sources said the suppliers in their representation to Ministry have said this over reliance and undue haste in incorporating CVC guidelines need to be looked into with due diligence with reference to the various representations received.
Sources said the suppliers have in their representations also asked that the Agency should have cross checked with Ministry of New and Renewable Energy in writing with all the facts in hand.
Sources said this way of issuing tenders has put the fate and lively hood of many young entrepreneurs associated with other companies in balance. It also includes that lot of skilled and unskilled workers, from the State, who are associated with them.
Sharing the concern of the suppliers the Tariq Hamid Karra, MP from Srinagar has written a letter to Piyush Goyal Union Minister for New and Renewable Energy seeking his immediate intervention in the matter.
The MP, while taking serious exception to issuance of three corrigendums by the Agency said this way the agency tries to elbow out all the firms intending to cast their tenders to facilitate issuance of purchase order to a single blue eyed firm by inserting tailor made condtions in the initial tender to suit the said firm.
He said the intending firms in their representation to MP have complained that such unethical practice will not only promote monopolistic trade but also set a blow to the  efforts of the Government to encourage the educated unemployed youth to venture into the non Government sector by setting up their own enterprises.
However when contacted Secretary Science and Technology, Pervez Malik said that he has no knowledge about the tenders as he joined the Department on June 21 and the same was done before his joining.
Gulzar Hussain, CEO JKEDA said that no competition has been discouraged and the corrigendum was issued in view of CVC guidelines. He said the Agency has received many tenders for the supply of solar lights and after evaluation a decision will be taken.