Tender Document For Supply Installation And Commissioning: Fill & Download for Free

I am from Pakistan.We took part in a government tender for buying machines to combat an epidemic. (Remember the big Dengue scare a couple of years ago.) This particular equipment is a vital need for the sick.Our bid was technically qualified (yes, we represented the best manufacturer in the world.) And we were commercially the lowest bid.I was congratulated by everyone including my competitors and the officiating beauracrats, since this was the largest purchase of its kind in Pakistan and went into a large sum of money. I was even informed to wait a week and get the purchase order personally. The order was strategic and the government wanted to ensure they got the machines before the Monsoons started and Dengue hit.A few weeks later, (the order was still in limbo for a number of unspecified reasons) my manager dealing with the matter called me and said he had received a message that if we wanted the order I should go over and finalize the commission with some people.In summary, I started getting calls and messages directly from the touts of the government officials and politicians deciding the case. I was told I had to pay ten percent of the order value and it was mine, otherwise they would cancel it.As a favor I could even pay after opening of the Letter of credit. They would also enhance the order value and size, make it larger many times, and throw in some other goodies. (I hear it went into a few million dollars, later on.)Now remember that we are going through a pretty tough time in Pakistan, and big orders are scarce. Our company was a pretty well reputed company in our space. I seriously started thinking of what I should do. I mean we were talking serious money for a small business in a recession, and an environment where we were just breaking even for the year.The problem that occurred was that I just didn’t want to do it. I have over two decades run as ethically as possible a successful business in my country, an achievement I’m proud of. My concerns about corruption did slow my growth, but still it was a price for my satisfaction and my conscience.I dithered with the guys for over three weeks, delaying my decision, all the time thinking of the options I had, the consequences of accepting the deal versus rejecting it, the jackpot at the end of it, that we could expand operations instead of tightening them as we had been doing over the past two years.In the meantime dengue season had started. The epidemic was particularly bad that year, and in the time that the order was delayed about 300 hundred deaths occurred in the space of a month. Every day ten, fifteen, twenty kids were dying, and I was hoping the government fearing a backlash would push the order through. (Before you condemn me, this wasn’t a strategic move on my part. It just happened. Remember I did not delay the order, the government was the one doing it.)I then got a final and penultimate call. They knew I was delaying, they knew I was pretty well connected because of my family (I am), they knew that I was technically and commercially the best bid.I was finally informed I could use all my connections, think of the highest office in the land, but I wouldn’t be able to reach the people ordering the touts. By this time I had a pretty fair idea of who I was dealing with, enough hints had been dropped. I was even getting calls from fellow businessmen to agree. (Reason, it would be easier for the politicians to work with me rather than someone else.)Long story short, by the time the order was given to another company, 500 people had officially died. Unofficially the count was higher.I tried to reach people who mattered, and I did, indirectly, through contacts I had within the ruling political party. But I was eventually told nothing could be done.I did have text messages, and emails from indirect sources requesting me to agree. So I thought of a legal case or going to the media. But when I, discreetly, checked the case file at the ministry, the technical recommendations had been modified, especially one new document had been added. This new document gave the officials some leeway to fight the case legally.I decided to withdraw. I could have still gone to court, but at the time I was too demoralized and tired.To this date, I still regret not going to the media or the courts. Yes, I would have lost, or been entangled in it forever, but still I wouldn’t regret it like I do now.PS 1: I decided to close my business. I was tired of fighting corruption through so many years of being an entrepreneur. Today I am unemployed.PS 2: The price of corruption in my case was not the bribes or my business, the real price paid was the lives of the dead people and the tragedy of being at the mercy of death and ill, especially if you are poor.PS 3: The year was 2010.PS 4: It was downright insulting to hear so-called experts and media pundits congratulate the then government for the excellent measures it took to manage the problem. Excellent spin on what was a national tragedy.I request you, whether you are in the developing world or the developed, to treat corruption at par with war, and terror. The price is never ever money alone, it is more than that, much more: the social fabric , human dignity, and lives are at stake.Do not ever justify your corruption in the name of ‘what else could I have done; the system doesn’t allow me to.’Remember: ‘We’ are the system, we form it, and we have to learn to say NO. Otherwise, do not complain.Finally, please vote for people who are not corrupt. A bullet takes one life. Roads not built, hospitals that don’t deliver medical care, education never provided, all this costs thousands of lives.EDIT: I have been asked a number of times in the comments section if I should have paid the bribe to save the lives that were lost. And whether I feel guilt because of that.Only read further if you are interested, as this is a detailed explanation of the situation..............The order had been finalized well in time, and if it had been implemented, things would have been ready much before Dengue started.Why the delay happened, I am not sure.Perhaps because governments believe in the maxim: "Do your worst, and prepare for the best."Perhaps they thought that Dengue would not happen that year and they could divert the funds elsewhere.Or perhaps, there were ulterior motives from the start.Either way, they only came back to me when Dengue had started, and people had started dieing. I had stayed in touch and kept on pressing that Dengue would spread soon, and they should process the order to us fast. All I got was vague replies that things are delayed etc.Unfortunately Dengue is that sort of a disease, once it settles in the deterioration can be pretty rapid, unless urgent medical care is provided. So, after the early part, the epidemic picked up pace pretty fast, and everything was mayhem.The negotiations started with me more than a couple of weeks after the start of the disease (the time periods are approximations. I can look them up, but not required right now.) The negototiatios took longer than the middlemen expected. They were thinking I'd say a quick 'yes', as is usual, and that would be it. For me to reach a conclusive decision it was taking quite a bit of time. I will not pretend it was easy. I had also started homework that with the situation the way it was I could sell the company with a big order in hand. This way I would be free of taking a decision. For one reason or the other, this did not happen.This stalemate lasted for about two weeks. Either way, once the 'other party' realized I was delaying they started to play around with the documents. I was then told to make up my mind, because they had things under control meaning I would not get the order. It was at this time I was told point blank I had 24 hrs to decide. This was extended a couple of times. They had to have the things in place before moving on to the next party.Then they moved onto the next company, and within a week finalised the documentation for giving it the order. I knew I had lost, and started weighing legal options.Interestingly, the other company was much smaller (not the local co., but the foreign manufacturer.) They did not have the resources in place to get the required number of machines in place and into the country. About three weeks later, the government still did not have anything in place.The government then came back to me, using another alternate channel. The request was how quickly would I be able to get some machines in. I did the arrangements, and was able to convince the manufacturer to divert another of their orders to Pakistan from another country on humanitarian grounds. My supplier is the largest company worldwide in that area, and I gave the government a yes response within a couple of days or so.But since no one was getting any commissions, even that arrangement was first reduced to a fraction of the original. Then later, I was not given any order. Btw, in between the grapevine reported that the CM was very annoyed with the delay, his credibility was at stake.The other manufacturer was only able to supply the machines once dengue was nearly over. In fact they only supplied one machine in about three weeks, whereas the orignial order was manifold. One machine was like a drop in the ocean. The rest of the machines were installed much later. So effectively, I remained a part of the process until the end. But the govt. in its infinite wisdom decided to not work with me irrespective of the fact that I was willing to supply on urgent basis, within days, what their selected supplier could not in weeks. Reason: the principal company most likely did not have the capacity to execute things fast.I have given the details to help clarify the finer details of my involvement, and the government’s ill will.As to the question of guilt, the above should help you understand the circumstances better. I remained in touch with the government. I kept myself available, on condition that I would not pay bribes. I did not refuse to supply the equipment. I only refused to pay bribes.So my answer is NO. I do not bear the responsibility. I do not feel guilty. I did feel immense anger and sorrow. Immense regret that this is how we are considered by our leaders, as fools and fodder for elections, and to earn them money. Yes I did oppose the govt. in recent elections, and actually worked in the campaign against them.Hope this answers.PS: I have withheld certain specifics on purpose. This is not the forum for them.

Rs. 50 crore commission by Mr. Zero LossMoney Spinning in India's Weather Predictions.Met flouts rules in buying radars.The India Meteorological Department (IMD) has placed an order for purchasing 12 S-band Doppler Weather Radars, worth more than Rs 100 crore, violating a key tender condition on providing the source code.Shutting the doors on indigenously-built radars developed by the Indian Space Research Organisation (ISRO), the IMD has decided to buy these from Beijing Metstar, a Chinese assembler which has not offered to provide a source code. The firm has a joint venture with Lockheed Martin.For purchase of the S-band Doppler Weather Radars for early warning of tsunami, the IMD floated a tender on October 24, 2007. Apart from ISRO, four international companies participated in the tender. They include Selex Gamatronik (Germany), EEC (US), Sun Create (China), the world-renowned manufactures of S-band Doppler Weather Radars, and Beijing Metstar, Lockheed Martin's Chinese partner. ISRO entered the bid through the public sector Bharat Electronics Limited (BEL).According to the tender procedures, the bidding companies had to supply the source code. The Pioneer's investigations reveal that no company was ready to share the source code unconditionally, except Sun Create of China. Selex Gamatronik of Germany offered the source code on escrow basis. Beijing Metstar could not even offer the source code since it was just an assembler and not a manufacturer. The firm used technology from Sigmet of the Vaisala Group of companies, which refused to share its source code, considered an intellectual property, with others.The IMD on May 30, 2008, awarded the job to Beijing Metstar. According to Union Science & Technology Minister Kapil Sibal, the tender was awarded for Rs.105.85 crore. Justifying the firm's selection, Sibal told The Pioneer it had "offered off-the-shelf source codes". The Minister evaded a reply when The Pioneer sought a clarification on the meaning of "off-the shelf source code" and asked him to confirm whether Beijing Metstar had supplied the source code.He also did not respond to the question why Enterprise Electronics Corporation (EEC) and Sun Create were rejected by TEC, though they were among the biggest radar manufacturers in the world.A clearer reply came from Secretary of Science & Technology Dr T Ramasami on the Beijing Metstar issue. "None of them, except Sun Create, offered unconditional source code," Ramasami said. Though he added that the supply of source code was not a main condition, tender documents available with The Pioneer prove otherwise.The Pioneer investigation shows that Sun Create was the lowest bidder and also offered the source code unconditionally. Apart from offering the source code, which is worth millions of dollars in the international market, the rate for supply of 12 radars offered by Sun Create was Rs 98.06 crore. The company also offered to manufacture six of the 12 radars in India.The Pioneer has learned that a TEC member, Dr TGK Murthy of ISRO, was kept out of the loop and not present in the decision-making process. Sources in ISRO said Murthy was sidelined because he did not favour the import of radars and strongly advocated their indigenous production. In response to a query, Ramasami said the TEC consisted of eight members and Murthy's name did not figure in the list provided by him.When The Pioneer contacted Murthy to know whether he was the part of the decision-making body, he quipped: "I don't want to talk about my bad experience." He refused to elaborate. The IMD officials cleverly aborted ISRO's claim by inserting a clause in the tender that bidders must have two working radars. ISRO has only one such radar operating successfully at Satish Dhawan Space Centre at SHAR in Sriharikota. ISRO's second radar in Banglore would be operational by mid 2009.................................Sept 12, 2008 - The PioneerISRO complains to PM against Met's 'import mania'Prime Minister Manmohan Singh has constituted a joint working group to oversee the modernisation of India Meteorological Department following ISRO's complaints that its bid for supply of 12 S-Band Doppler Weather radars were ignored to help a foreign firm. Sources in ISRO revealed their top brass had complained to the Prime Minister on the 'import mania' of IMD officials who had bypassed claims of indigenous manufacturers to award the contract to a foreign firm that did not meet the tender criteria.The chairman of the group is IMD director general Ajit Tyagi and co-chairman is ISRO project director Dr TGK Murthy, who incidentally had been removed from the Technical Evaluation Committee (TEC) for radar purchase.ISRO officials pointed out to the PMO while Defence Research & Development Organisation (DRDO) placed an order with them on May 1 for similar radars, the IMD strangely ignored their claims.They also said similar radar located in Sriharikotta was working successfully.The tender floated by IMD for the purchase of 12 S-band Doppler Weather radars included a peculiar clause allegedly to bypass ISRO, which participated in the tender through Bharat Electronics Limited (BEL). The clause insisted that the bidder should have two working radars. "Everybody knows that ISRO has one working radar. Our next radar will be operational by mid-2009. This clause was purposefully included to throw out ISRO and import from their favourite company," said the ISRO official.When The Pioneer sought a clarification from the Minister for Science and Technology, Earth Sciences Kapil Sibal on ignoring ISRO's claim, he replied: "ISRO-supported firm BEL could not qualify in TEC because they failed to submit earnest money deposit which is essentially required to be submitted by every bidder. Despite this they were included for TEC evaluation but they got disqualified because they did not have two Doppler radars in working condition."The Pioneer had earlier reported the radar supply order had gone to Beijing Metstar that had not offered a source code, which was the main requirement in the tender document. While ISRO lost the order, even the lowest bidder Sun Create which offered source code unconditionally, did not get the order............................Feb 16, 2009IMD struck deal for buying weather systems, alleges BEL.One of the leading public sector undertakings, Bharat Electronics Limited (BEL), has alleged foul play and corruption in finalising the purchase of multi-crore lightning detection systems (LDSs) by the Indian Meteorological Department (IMD). The LDS installation would help improve weather forecast and thunderstorm study.The tussle between the two Government agencies started when the IMD rejected BEL’s offer at the stage of technical evaluation.The IMD invited tenders for the installation of 10 LDSs in October 2008. The department has also announced installation of 90 more LDSs over the next two years. There are only three companies manufacturing the LDS. One is Nowcast GmbH of Germany, represented by BEL; second is TOA of US; and the third is Vaisala of Finland.Nowcast, which is represented by BEL, has installed 125 lightning stations in over 25 countries. The market price of the equipments supplied by this company is around Rs 60 lakh per unit, which is much lower than that of Vaisala’s equipment.Vaisala’s representatives in India are HBE-Aviosec Pvt Ltd and Three-D Integrated Solutions Pvt Ltd. Interestingly, the majority stake in these two Delhi-based companies is held by same persons — Nand Lal Bhatia and Kuldeep Kaul.A letter written by BEL to the IMD Director General alleges gross violation in the tender procedure to provide “unfair advantage” to the two firms and “mislead a fair tender evaluation”.“Of the four submitted bids, it is observed that two parties — ie M/s HBE-Aviosex and Three-D Integrated Solutions — have quoted the similar product and model of Vaisala LS 800. Further, it is brought to your notice that the ownership and management of both these companies are the same,” points out BEL’s letter to the Meteorological Department.“They have quoted the same equipment from Vaisala Inc under the pretext of two different names of companies to gain unfair advantage and mislead a fair tender evaluation. This practice is also against the prevailing and established tender norms,” added BEL in its complaint, dated January 15. The public sector undertaking had earlier sent another complaint on January 9 for not being intimated about any details on the tender procedures.Installation of LDS is the part of a Rs 500-crore modernisation package for the accurate studies on forecasting weather. Apart form the data received from the radars, the compilation of data collected from the LDS would enhance the advanced study on weather prediction.This initial tender for the installation of 10 equipments was meant to be completed before the Commonwealth Games 2010.Obviously, the firm which bagged this initial order would also stand to get the contract for the supply of the remaining 90 equipments. While these two companies would simply acquire the LDS from Vaisala and supply it to IMD, the BEL proposed to import 10 LDS and indigenously built the remaining 90 with the support of Nowcast.But the Meteorological Department argues that the other products were of inferior quality and did not meet the required technical specifications.When The Pioneer contacted the Director General of Meteorological Department, he replied that the bid submitted by BEL "was not considered technically acceptable". The detailed letter of the Director General lists out a series of "technical flaws" of the BEL-sponsored equipments.The BEL technocrats and their principal company, Nowcast of Germany, describes the Meteorological Department's observations as "a bundle of lies" to implement a "hidden agenda". Whatever may be the reasons for the rejection of BEL's bid, the question remains why two firms owned by the same persons who represented the same Finland company were selected for supplying the same model.The Pioneer had earlier reported (on September 11, 2008) that in violation of norms, the Meteorological Department had also kicked out BEL from contract of the ISRO-made S-Band Doppler Radars and awarded a deal worth more than Rs 100 crore to Chinese assembler Beijing Metstar, which is controlled by US giant Lockheed Martin.

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