30 September 2006 - A private contractor has appealed to the High Court after the Samdrup Jongkhar dzongkhag court convicted him for defamation in a tendering dispute with the dzongkhag administration.
Contractor Kinga Namgay of Jabab Construction was fined Nu. 54,000 as compensation for the defamation charge and six months compoundable imprisonment term for accusing the dzongkhag tendering committee of “corrupt practices”.
In March last year, four contractors bid for the construction of Samdrup Jongkhar primary school. Jabab Construction, a Thimphu based contractor scored the highest points during the evaluation of bid by the dzongkhag technical evaluation team.
However, the work was awarded to Tachu Construction by the dzongkhag tender committee on grounds that the dzongkhag could save Nu.0.4 million. Tachu Construction bid had been ranked second by the evaluation team.
Jabab had quoted Nu. 10.28 million, the second lowest bid, while Tachu had quoted the lowest of Nu. 9.87 million.
Dzongda Sangay Dorji told Kuensel that the work was unanimously awarded to Tachu by the committee as it could save government money.
“We thought that we can save money without compromising with the quality of construction,” said Sangay Dorji, adding that after going through the records submitted, it was found that Tachu had more experience in terms of building construction while Jabab was more into constructing roads.
According to Kinga Namgay, he appealed to the dzongkhag and the Contractors Association of Bhutan (CAB) to look into the matter. “CAB issued a letter to the dzongkhag to stop the work,” Kinga Namgay said. “But the dzongkhag authorities said that CAB had no rights to interfere.”
According to Kinga Namgay, the chairman of CAB, Lyonpo Kinzang Dorji, instructed the dzongkhag to provide an explanation.
The Construction Development Board (CDB) and the ministry issued a letter in favour of Jabab Construction.
“The dzongkhag has not paid heed to any of the letters,” Kinga Namgay said. When there was still no change in the decision, he approached the Cabinet Secretariat. On November 17, 2005, the secretariat issued a letter asking the dzongkhag to settle the dispute as per the guidelines and award the work to the lowest evaluated bidder.
“But the work was awarded to Tachu on January 10, 2006. Kinga Namgay accused the dzongkhag tendering committee of corruption and favouritism and appealed to the Cabinet again.
The Cabinet Secretary, Dasho Sherub Tenzin, in a letter reminded the dzongkhag to award the work based on the revised Financial and Procurement manual to Jabab Construction.
Dzongda Sangay Dorji said the committee could not revoke its decision, which had already been made. “So we asked the authority concerned for directions to either re-tender or give the responsibility to education ministry and not to the dzongkhag,” he said.
While the dzongkhag decided to give the work to Tachu in January, they received an instruction from the cabinet asking to award the work to Jabab Construction.
The dzongda filed a case for defamation after receiving a copy of letter submitted to cabinet by the proprietor of Jabab Construction accusing the dzongda of practicing corruption, favouritism, and awarding the work through personal relations. “The letter also accused the dzongda of purposely prolonging the development work,” he said.
Drangpon Gembo Dorji told Kuensel that Jabab Construction was convicted of defamation charges after a detailed trial.
“While they claimed that the allegation was based on the circumstantial evidence, they did not have any proper justification,” he said.
Drangpon Gembo Dorji said that as per the circulars issued by works and human settlement ministry in 2004, the technical evaluation would be conducted by the evaluating team based on which the tender committee had the full authority to take the decision.
Meanwhile, Kinga Namgay admitted that he had accused the dzongkhag officials of corruption. “If it was not corruption I would have not have been awarded the work,” he said.
By Kesang Dema
kesang64@kuensel.com.bt