Another controversy has arisen regarding the selection of a Contractor for the construction of the New Terminal Building at the Bandaranaike International Airport, coming under the purview of Minister Nimal Siripala De Silva’s Ministry, namely the Ministry of Ports, Shipping and Aviation. On or about 4th December 2023 Bids were called under the International Competitive Bidding Category, by the Standing Cabinet Appointed Procurement Committee, for the selection of a suitable/qualified Contractor for the construction of a New Building for Departing Passengers with check-in counters, satellite boarding gates, baggage handling system etc. with a view to enhancing the existing capacities at the Bandaranaike International Airport (BIA). Given the critical importance of the project, in facilitating the achieving of the government’s objective of attracting over 2.5 million tourists within the next few years and consolidating Colombo as a Regional Aviation Hub, the bids were called under the International Competitive Bidding Category.
In response to the said Invitation for Bids several prominent local as well as foreign contractors, majority whom in the form of joint ventures with Sri Lankan contractors, submitted their bids. The bidding process was strictly governed by the Government Procurement Guidelines of 2006 as amended and the Government Procurement Manual.
Pursuant to a bid evaluation process carried out by the Technical Evaluation Committee (TEC) appointed to evaluate the bids, the TEC has by its report dated 15th March 2024, recommended that the bid/tender be awarded to Sanken Construction (Pvt) Ltd, a reputed and diversified local civil engineering company. Thereupon, the Standing Cabinet Appointed Procurement Committee (SCAPC), had accepted the recommendation made by the TEC and decided to select Sanken Construction (Pvt) Ltd as the “Successful Bidder” to whom the tender/contract should be awarded. Pursuant to the said decision of the SCAPC being informed to the Line Ministry Secretary, namely Mr. K.D.S. Ruwanchandra, he had issued a media release stating that it has been decided to award the relevant contract to a reputed local contractor.
Pursuant to selecting Sanken Construction (Pvt) Ltd. as the designated Successful Bidder, the Secretary of the Line Ministry had informed the Unsuccessful Bidders of the said decision and informed them that they had a right of appeal, if they so wish to exercise, to the Procurement Appeal Board (PAB). However, despite being obliged under the Procurement Guidelines to inform the designated Successful Bidder of the decision to select it as the designated Successful Bidder, the Line Ministry Secretary had failed and omitted to do so thereby violating the Procurement Guidelines. However, pursuant to an appeal being lodged to the PAB by a local/foreign JV, namely, Consulting Engineers and Contractors (Pvt) Ltd. and China Nautical Aero Technology International Engineering Corporation Joint Venture (CEC+CAIEC JV), the PAB had decided to overturn and/or disregard the recommendation made by the SCAPC/TEC and instead recommended to the Cabinet of Ministers that the tender/contract be awarded to CEC+CAIEC JV.
The designated Successful Bidder, namely Sanken Construction (Pvt) Ltd, has only got to know about the appeal that was lodged by CEC+CAIEC JV to the PAB after recommendation to the Cabinet of Ministers was made by the PAB to award the tender/contract to CEC+CAIEC JV. It is Sanken Construction (Pvt) Ltd.’s position that they had a right to be heard before the PAB and the PAB had intentionally deprived them of their right to be heard, thereby violating the principles of natural justice, prior to deciding and recommending that the tender/contract be awarded to CEC+CAIEC JV, by overturing the decision of the SCAPC/TEC to award the same to Sanken Construction (Pvt) Ltd.
On the aforesaid basis Sanken Construction (Pvt) Ltd. instituted a Writ Application before the Court of Appeal bearing No: 343/2024 challenging the purported decision of the PAB to overturn the decision of the SCAPC/TEC to recommend the award of the tender/contract to Sanken Construction (Pvt) Ltd., without in any manner affording a hearing to Sanken Construction (Pvt) Ltd. During the course of supporting the matter for notice as well as interim relief, the TEC Report dated 15th March 2024 (received in response to the request made by Sanken under the Right to Information Act) was produced to the Court of Appeal on behalf of Sanken Construction (Pvt) Ltd., which clearly and in no uncertain terms revealed that the Bidder (CEC+CAIEC JV) to whom the PAB had recommended to award the tender/contractor has been declared non-responsive to the technical specifications of the Bid, in view of major deviations found in the required technical specifications. Hence, it was submitted on behalf of Sanken that the PAB could not have recommended that the tender/contract be awarded to CEC+CAIEC JV as it was a technically unqualified bidder as per the TEC Report dated 15th March 2024. Also, it was submitted that when the Domestic Preference Margin of 15% was applied, which was meant to support/assist local bidders when competing with international bidders, the Sanken Bid becomes the lowest bid. Hence, both in terms of technical specifications and price point, the Bid submitted by Sanken becomes the lowest evaluated substantially responsive Bid. Thereby it was submitted that the PAB could not have, under any circumstances, recommended to award the tender/contract to the CEC+CAIEC JV, overturing the correct decision of the SCAPC/TEC to award the tender/contract to Sanken.
It has also come to light that Mr. G.S. Withanage, who functioned as the Chairman of the PAB which decided on the appeal relating to the above project, is also holding the Office as the Chairman of the Civil Aviation Authority of Sri Lanka, a position which comes under the purview of the Ministry of Ports, Shipping and Aviation. In fact, photographs of Mr. G.S. Withanage assuming office as the Chairman of the Civil Aviation Authority of Sri Lanka in the presence of Minister Nimal Siripala De Silva and the Secretary to the Line Ministry, namely Mr. K.D.S. Ruwanchandra (who is the 1st Respondent in the above Writ Application filed by Sanken) are available freely on-line. Hence, in view of the aforesaid serious conflict of interest, Mr. G.S. Withanage should not have, under any circumstances, acted as the Chairman of the PAB in deciding the matter in question. These are serious matters of concern which not only impugns the decision made by the PAB to recommend the tender/contract be awarded to CEC+CAIEC JV, overturning the recommendation made by the SCAPC/TEC to recommend the tender/contract to be awarded to Sanken.
It was brought to the attention of the Court of Appeal on behalf of the Petitioner (Sanken) that it was in relation to the same Airport Expansion Project that a controversy broke out few years back when allegations were made in Parliament regarding the Minister concerned allegedly soliciting a bribe from a reputed Japanese Contractor, which in turn resulted in a Special Commission of Inquiry being appointed, chaired by a retired High Court Judge, to inquire into the matter.
The above Writ Application filed by Sanken is being inquired into by the Court of Appeal, where Sanken Construction (Pvt) Ltd. (Petitioner) is represented by Dilshan Jayasuriya, Attorney-at-Law, the Secretary to the Line Ministry (1st Respondent), the AASL (2nd Respondent) and the PAB (3rd to 5th Respondents) are all being represented by Additional Solicitor General, Sumathi Dharmawardena, President’s Counsel. The CEC+CAIEC JV (8th Respondent) is represented by Sanjeewa Jayawardena, President’s Counsel. The matter is fixed for further hearing on the question of Notice and Interim Relief for 24th and 28th of June 2024. (By Jayantha Perera)
Douglas / June 25, 2024
I hope the INDEPENDENCE of the Judiciary that is being subjected to harassment and intimidation these days will prevail and an equitable, judicious decision will be delivered.
There were very many articles written and one more such written by Dr. Amir Ali appears on this page. You will observe, how a well-laid-out system of awarding a bid to build a Terminal facility has been openly FLOUTED, ABUSED, and VIOLATED by those in authority starting from the very top official of the Ministry – the Permanent Secretary. If the system is to work the Minister in charge must move on the matter immediately and institute STERN DISCIPLINARY action immediately. This Minister to do that? Then it would be much feasible to extract feathers from a tortoise.
That is why I always say: There is the SYSTEM but we don’t have the PERSONNEL of integrity and moral character to implement the system. All such personnel who don’t implement the SYSTEMS and PROCEDURES must be punished severely even with Jail terms and heavy fines to be a lesson for others.
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davidthegood / June 25, 2024
Douglas, you talk of integrity and moral character for the BIA Terminal building. When this minister was in Health, unsavory pictures with pants down surfaced. Our national leaders have no God they fear and are not answerable to their Creator. Mat 6,24 says “You cannot serve God and mammon (money god) As it is, there is very little hope for the future of our robbed citizens.
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chiv / June 25, 2024
Over the years our rogue politicians have systematically dismantled all the systems ( including health, education, economy . . . . . . . Without any system in place, what system change are we expecting ??? SorryLanka is not just bankrupt, it’s dysfunctional and failed nation.
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davidthegood / June 27, 2024
chiv, we are not simply failed but buried in cemetery, never to rise again. Do the needful now
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Plato / June 25, 2024
Minister and his Ministry Secretary [ mind you supra grade slas ]
Member of Parliament and the Divisional Secretary
Pradeshiya Sabha and the GSN.
are partnerships forged to ensure the Gross Domestic Product [GDP ] IS LOOKED AFTER!
Minister Nimal Siripala De Silva has held various cabinet Portfolios since 1994.
Prior to that he has been just an opposition MP representing the Badulla District.
30 Years and he would have increased the GDP exponentially…………
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davidthegood / June 26, 2024
Plato, MP de Silva as the Minister of Health projected a very unsavoury image to the nation and it was exposed by his wife.
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Raj-UK / June 25, 2024
RW has always supported his cronies & political mates, even opposition foes, just for his survival. Afterall, birds of a feather, whatever the colour, have to stick together for their survival & prosperity. If I am not mistaken, this yob minister was accused by the Japanese govt. for soliciting a bribe but RW’s commision investigating the allegation whitewashed the crime. That would have been a slap on the face of the Japanese govt. as no Govt. would make a complaint against a Minister of another govt. without credible proof. Instead of being ashamed that such grounds even existed, it was covered up & the Minister was allowed to go with his merry ways.
In UK, 3 Tory members, including the nominee for a constituency, were sacked for placing a bet on the election date just a few days before the snap elections were announced. The bets were of nominal value but it was apparent that insider knowledge, which amounts to fraud, was present & the miscreants were sacked to restore public faith in the Tory party. RW’s political image would have been exemplary if he cracked his whip on corruption but by not doing so, his reputation was tarnished for looking the other way & his integrity in shreds, making him unelectable. In the wake of a public outcry over blatant corruption, RW should at least now do the right thing by having the guts to sack this punk of a minister.
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Buddhist1 / June 25, 2024
The fault is with Ranil, who, knowing very well who Nimal Siripala is based on the Japanese Government airport bribe demand, should not have kept him as the Minister. Nimal Siripala is a crook.
Ranil, for his greed to be the President again, is protecting all the crooks and adding by getting the other crooks who are now in other political parties to his side. Shameful act of Mr. Clean who is fast becoming or already is Mr. Dirty.
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paragon / June 26, 2024
RANIL KNOWS VERY WELL WHAT NIMAL SRIBALLA SILVA IS UP TO BUT RANIL IS CLOSING HIS EYES ON MATTERS LIKE THIS SO HE CAN GET HIS SHARE TO SPEND MONEY FOR THE UP COMING PRESIDENT ELECTION.
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davidthegood / June 26, 2024
paragon, you are assuming that there will be a presidential election. Money is spent for such and not for the welfare of the suffering citizens.
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asoka1958 / June 26, 2024
This area simply does not have any place to have a simple drink to an arriving tired and thirsty passenger. One has to come out of this area and walk down the corridor to a tiny boutique to get a drink.
In this 21st century, why is it that this arrival lounge does not have a few ( or even a single) self service vending machine is unforgivable.
Just allow a few private companies to install a few vending machines and share the profit. It is that simple.
The lines to immigration is a joke. Several lines with stainless stand ions exists meaning some far away immigration officers don’t get any passengers while the lines closer are long. Why not have one long stationed line so every immigration officer can serve equally and clear the line faster.
Where is the minister of tourism and the guy who runs the airport? Are they brain dead too or two busy planning mega projects without maintaining and improving existing facilities.
The Dialog cellphone kiosk actually unlit and dark. I asked the guys why no lights in an international airport . His response was a silly smile. They do t light up the kiosk for only o extension. To keep passengers away. What else I cannot think of.
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davidthegood / June 27, 2024
asoka1958, what you describe is so rotten that it needs to be buried like all putrid stuff. Why not do something to improve the conditions in this once beautiful paradise isle. Whatever their other mistakes, British were God fearing and acted accordingly. Now we have atheist leaders and their followers who think that they are the gods. Sad state of affairs. We really need another king.
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Paul / June 28, 2024
DTG,
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Whatever their other mistakes, British were God fearing and acted accordingly.
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True. Unfortunately they thought that God was an Englishman, picked up the White man’s burden, and acted accordingly.
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davidthegood / June 28, 2024
Paul, your major contribution to CT is as a hackey to anything that anyone says. Be positive.
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R Fernando / June 28, 2024
Read through the article and all the comments above! Two points surfaced to my mind.
1. “Assumption that RW is clean but keeping his gaze away from the corrupt ministers in his cabinet!”
What a myth! RW, leave alone all his other misdemeanours during the 80s and 90s, just the Batalanda affair and the notorious 11 billion Central Bank Bond scam is enough to keep him incarcerated for life in any decent land!
Add to it protecting the Pakse clan currently in return for the favour of making him an unelected President is a thorn in his monstrous crown!
2. Now for Siripala De Silva and his life long list of fraudulent dealings for decades! He did not drop in there in to a cabinet seat from Heaven or Hell!
Every time he was elected to office by the people of Srilanka.
Until our voters learn to elect members to parliament with the seriousness it deserves choosing ones with Merit, commitment, devotion to the country and most of all integrity in public life, ignoring all other unimportant factors such as ethnicity, religion caste and creed, we will continue go down the tube!
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