Over 200,000 jobs at stake
Bailout package converted to a stake in
companies
Take it or leave it policy pushed by Nivard
By Sonali Samarasinghe
While President Mahinda Rajapakse was to
present his massive multi billion rupee war
budget last Thursday, Sri Lanka's export
industry is left reeling under the global
financial crisis, as it braces to face its
darkest times ahead.
The government now cash strapped and in an
economic bind has resorted to excessive
money printing, sovereign bonds and
syndicated loans ostensibly for
infrastructure projects but economic experts
have warned the government is using these
moneys borrowed at heavy interests rates to
pay salaries and meet recurrent expenditure.
It was in this backdrop that the government
said it would infuse US 150 million in the
export industry as a bailout package on the
lines of the US bailout of banks to buffer
the jolt the industry would suffer if the
GSP+ concessions are not renewed by the
European Union.
Darkest hour
Certainly for
Sri Lanka's
garment industry there can be no worse time.
Even as the global market diminishes and
profit margins lie wafer thin Sri Lanka is
poised to lose its GSP+ concessions in
Europe by year's end at a time the EU market
share has increased by 12.6 percent and the
US market share has plummeted by some 11
percent.
The EU accounts for some 36% of Sri Lanka's
total exports as at June 2008 valued at
about US$2.5 billion. Garments account for
47% of exports to the EU while fisheries
products, ornamental fish, fruits,
vegetables, ceramics, bicycle components,
leather and rubber products have also
increased their exports to the EU.
Zero duty
Under the GSP+, 6421 products were eligible
for the benefit of a zero rate of duty. The
loss of the concession would mean an
estimated loss of over 100,000 jobs only in
the apparel sector with other sectors also
experiencing significant job losses. The
apparel industry is the largest contributor
to Sri Lanka's economy, accounting for 10
percent of Gross Domestic Product (GDP) and
employing 270,000 people. It is also a huge
source of employment particularly in the
impoverished rural areas. The government has
estimated the loss of the GSP+ benefits to
amount to around 107 million euro a year.
Shrinking markets
Moreover the loss of the duty waiver will
make Sri Lanka's exports less competitive
with the country losing its market share to
Bangladesh, Cambodia, Vietnam and others who
still enjoy the concession.
The GSP+ issue comes at an inopportune time
when the US market is considerably shrinking
as the hegamon looks inward in dealing with
a recession of its own. Apparels account for
77% of total revenue from the US. With a
drop of 11% in the apparel market and
decline of 8.2 of business from the US as at
June 2008 the garment industry is doubly
vulnerable as serious cut backs in consumer
spending hits retail markets as well.
Nationalisation
Last week however the government revised its
bailout package to a peculiar support scheme
that envisaged an investment of US$100m in
exchange for redeemable preference shares in
garment firms.
On October 15 Minister of Export Development
and International Trade Professor G.L.
Peiris presented a note to cabinet (The
Sunday Leader published the note in full in
its October 19 issue) on the envisaged
investigation to determine if Sri Lanka is
eligible for the GSP+ and the impact of its
loss on the industry.
EU Investigation
The GSP Committee of the European Commission
(EC) decided on September 22 this year that
there were sufficient grounds for initiating
an investigation to determine if
Sri Lanka
has effectively implemented three specific
conventions - that is the International
Convention on Civil and Political Rights (ICCPR),
the Convention Against Torture and the
Convention on the Rights of the Child.
Sri Lanka
has already indicated it would not subject
itself to an investigation on the grounds it
violates the sovereignty and territorial
integrity of the country. Peiris was to
therefore suggest to cabinet that in order
to provide predictability to buyers in
Europe and ensure they do not shift their
buying sources, the government should commit
itself to a financial assistance package to
the industry.
Committee
To this end a committee under the
chairmanship of Central Bank Governor Nivard
Cabraal and the Secretary, Ministry of
Finance was to convene to workout the
modalities of a financial package.
And it was this committee that was to meet
last week. Those present at the meeting held
at the Export Development Board office in
Nawam Mawatha included CB Governor Nivard
Cabraal, Prof. G.L. Peiris, Chairman Joint
Apparel Association Forum Ajit Dias, and
industry stakeholders Ashroff Omar, Mahesh
Amalean, Hidramani, Malik Samarawickrema and
many others.
Some industry sources were stunned at the
outcome of the meeting. What they expected
from the government was a bailout package in
the form of a grant or an infusion of funds
with reasonable conditions. What they got
was a slap in the face.
Prodding the fallen
Explaining the government's course of action
Cabraal said it would infuse US$150 million
into the industry - US$100m for apparel and
US$50m for other exports in exchange for
redeemable preference shares in each company
to the value of the investment. The amount
of which would be individually assessed
according to the number of exports to the EU.
Even though the government did not specify a
pay back time period it did say there would
be an interest component as well.
Even as some industry sources called the
so-called bailout package a complete washout
others said it was akin to a 'gahing vatuna
minihata gona anna wage' situation.
However some at the meeting according to
sources were willing to take anything they
could get. Certainly JAAF Chairman Ajit Dias
speaking on Friday (7) to The Sunday Leader,
was clear on this issue. "At this juncture a
cash infusion of any kind is welcome," Dias
said adding that many have missed the point
on GSP Plus. He says the matter is not
political; it is a national problem. The
full impact of the global crisis is yet to
be felt, he says, predicting even worse days
ahead.
Dire straits
The package the government proposes is in
effect this. The GSP duty waiver amounts to
about 9.6-10%. Say for example if the landed
cost of an item is US$100, if the GSP
concession is not available the landed cost
of the item would be US$110. Buyers who
would now have to pay US$10 more per item on
account of the duty would naturally look to
other sources and countries to purchase the
item, especially those like Vietnam and
Bangladesh - most of them still enjoying the
benefit of GSP.
What the government is proposing is for the
industry to sell their products at for
example US$90 so that the buyer would pay
the 10% duty and still get the product at a
cost of US$100. This loss of $10 incurred by
the industry would then be met by the
government in exchange for redeemable
preference shares in the companies.
That in effect means the industry is not
getting any bailout but a temporary loan
which has to be met at a later stage while
selling their product at a cost 10% lower
than today.
Thin margins
For example the industry would be forced to
sell its product at US$90 when earlier it
was selling at US$100. The profit margin
therefore would be so thinly sliced with
many saying their profit margins are not
more than 5-10% at most even when selling at
US$100, that the scheme would be hardly
sustainable.
In order to remain competitive and give the
buyer the product at the same price of
US$100 this is what the government proposes.
However at the meeting some industry
stakeholders explained that companies would
be able to ship an item at the landed duty
paid cost of US$90-91 and the cost of the
lost GSP could be absorbed by the industry
on the condition that the lost GSP amount
was given to them in the form of a rebate or
grant.
WTO regulations
Some members present at the meeting had
explained to the government officials that
while WTO regulations prohibit subsidies for
countervailing duties there are several ways
of circumventing the problem. For instance
sources say China and India both enjoy huge
rebates with Chinese garment manufacturers
enjoying a 14% rebate on textiles and
several countries having in place a
mechanism to weave in subsidies to the
industry.
However the government stood firm on its
support scheme stating it would get involved
only if it was given redeemable preference
shares and a stake in the export firms.
Interest component
While this in itself is a form of
nationalisation of the garment industry,
sources worry that while they would have to
suffer the presence of either the Treasury
or the World Bank representatives in their
firms on account of the preference shares,
they would also necessarily have to pay back
the investment together with interest.
"How can we afford this when the industry is
barely making 10% if not 5% profit margin?"
one source said indicating also that it
would lead to the closure of their factories
at the cost of thousands of jobs.
The government's argument is that their bail
out package is much like the US bail out to
the banks but industry sources pooh pooh the
idea as pish tosh.
"In the case of the
US
banks they are able to recover what they
have lost by re-lending that money with
interest to customers," they say. "We are
merely using this money to pay a duty
through no fault of ours. This is only to
recoup the lost benefit, so how are we to
pay back the government investment together
with interest when we are not in any way
able to make this money earn more for us?"
SMEs suffer
Certainly it is the small and medium scale
industries that will suffer worst from this
crisis. Unable to pay back the government
investment they will be rendered
uncompetitive not only in the international
market but also in the domestic market as
they are totally crushed by the larger firms
able to absorb more of the decline.
However the industry is bitterly divided
over the issue with some feeling that
something is better than nothing in the
short term while others are looking for a
more mature and lasting solution.
Farmers loans
A few industry stakeholders at the meeting
it is learnt had expressed a view that like
with the farmers loans they too will be able
to ignore the financial obligation to the
state and simply forget the investment. The
government owning redeemable preference
shares was a small price to pay perhaps.
Preference shares are not endowed with
voting rights but it is a class of ownership
that has ahigher claim on the assets and
earnings than common stock. Preferred
shareholders have priority over common
stockholders on earnings and assets in the
event of liquidation and they have a fixed
dividend paid before common stockholders.
However some other industry players are
livid at the suggestion that they could in
effect take the money and run. "Respectable
businesses don't do business that way," one
said with indignation. "If we accept the
investment from the state we must pay it
back. That is implicit in the agreement, and
in the fact that the shares are redeemable,"
she said.
Take it or leave it
Sources allege there are some who are
lobbying for this peculiar bailout package
moulded by the state as they have no
intention of paying it back while others
with a conscience are wary and encouraging
more fiscal prudence in the matter. The
government meanwhile is adopting a take it
or leave it attitude.
Prof. G.L. Peiris at last week's meeting was
to however attempt to explain to the
industry the politics of the GSP. He pointed
out that any investigation into Sri Lanka's
human rights record would be a violation of
its sovereignty and territorial integrity.
However it was not too long ago that Peiris
himself was to visit Brussels to renegotiate
the concession.
Blaming Peter
It is also at one of these meetings that EU
Trade Commissioner Peter Mendelson was to
berate Professor Peiris, a man who had
walked every step of the peace process under
the UNP government, for the government's
scant regard for human rights and its
dismissal of any form of inquiry or
investigations into human rights abuse.
Be that as it may, sources said some company
owners were in no mood for politics. 'It is
the government that has compromised
sovereignty by its actions. Why should we
pay for it?' one has shot back.
But the slighted Professor having earlier
got an earful from the EU Trade Commissioner
was to blame Peter Mendelson rather than the
government itself for the current situation
in which Sri Lanka found itself.
Big deal
The GSP Plus is a big deal. When Pakistan
was stripped of its GSP benefits in 2005 its
garment industry suffered heavily. After
the withdrawal of these preferences at the
end of 2004, Pakistan's exports to the EU
declined by 11.7 percent in one year. In the
same period India's exports increased by 33
percent.
While the economy is crumbling around him
Rajapakse however remains defiant. In his
budget speech last Thursday he said, "The
European Union has adopted a new trend,
wherein conditions are being attached to
concessions granted by them such as GSP+. It
is unfair to engage in international trade
and investment within a framework through
which political objectives are tried to be
achieved. As much as we do not permit
terrorists to operate in the north at the
cost of innocent people, we will also not
permit other countries to accomplish their
political agendas through our export
industry. We are a proud nation that is not
second to any developed country which
respects fundamental rights, human rights,
rights of women, respect for labour laws,
laws preventing the use of child labour,
environmental laws, gender equality,
election and civil rights."
Bravado
Despite Rajapakse's bravado and his huge
military spending sprees it is not only the
apparel industry that is in dire straits.
Sri Lanka's billion-dollar tea industry is
sliding downhill fast.
That's another story which will be dealt
with next week as Sri Lanka's economic woes
mount to unprecedented levels.
The security threat over
NIC tender bender
|

Gotabaya Rajapakse and Mahinda
Rajapakse |
Billions of tax payer rupees and country's
security at stake
TEC chairman refuses to sign report
TEC member a paid consultant of
shortlisted company
Criteria adjusted to suit bidders
By Ruan Pethiyagoda
A controversy of spectacular proportions has
engulfed the ongoing government tender for a
new National Identity Card - an electronic
National Identity Card (eNIC).
In the latest development in the dubious
evaluation process, several members of the
Technical Evaluation Committee (TEC)
including its chairman have refused to sign
the report citing not only a partial system
of evaluating the bidders but also that they
were not privy to the draft of the report
before being asked to sign it
With every imaginable political power at
play pulling strings in different
directions, the resulting TEC bid evaluation
report, a copy of which The Sunday Leader
has in its possession, is more an exercise
in engineering a victory for one if not one
other particular party.
Information collected from several TEC
members as well as ministry officials has
shown that the evaluation process is in a
tailspin of epic proportions.
TEC Chairman, Deputy Government Printer,
Sriyantha Pigera has pointed out in a letter
to the Cabinet Tender Board that the two
parties being backed by a group of TEC
members should have been removed at the
earliest stages of bidding for not meeting
the simple evaluation criteria of having
sufficient experience in card printing.
Prevent crime and terrorist attacks
Sri Lanka
is no playing ground for Identity Card
technologies. The country needs this card
not so much for social security schemes and
essential services, but to prevent crime and
terrorist attacks, both of which thrive in
abundance given the ease with which our
existing NIC can be forged.
Thus it was that under the original
specifications of the tender, the
technologies that could be used were limited
to a material called polycarbonate
(essentially secure multi-layered plastic)
which is difficult to acquire.
Several potential bidders however managed to
successfully lobby the TEC to open up the
tender to other card materials and
technologies, citing the fact that several
secure identity card technologies have been
deployed around the world with these
technologies. The requirement for a
smart-card and high resolution black and
white image were also relaxed, opening up
the tender to several parties in the name of
competition.
It could not have hurt to open up the tender
to bidders with other materials if the
evaluation of all of them was to be fair and
just, but it was not so, as evidence
surfaced at the earliest stages that almost
everyone in the TEC was either clueless or
had his or her favourites.
One of the main general conditions of the
tender was that a member of the bidder's
consortium have at least five years of
experience in producing or personalising
identity cards with similar technology and
security features required for Sri Lanka's
eNIC project.
Lack experience
A chart circulated amongst the Cabinet
Appointed Procurement Committee (CAPC),
possibly originating from the TEC Chairman,
has pointed out that the two current front
runners for the tender, Access-backed Sagem,
and Heitech Padu of Malaysia, lack the
requisite five years of experience.
According to the document now in the hands
of the Cabinet Tender Board, Sagem claimed
their experience of five years from the work
done by one of their subcontractors on the
data page of a passport. "Passport pages are
protected inside a passport and not exposed
to the rough use of an ID card, and are of a
different size and shape," says the
document, stressing that Sagem should have
been disqualified at the very start due to
lack of experience.
Heitech Padu claimed experience of one of
their consortium members in the Mexican
Consular ID Card, work for the US Military,
an identity card for the Argentine police
and the Mexican government's voter ID. Every
single one of these references however was
flawed.
Heitech's partner OpSec is the one claiming
experience of five years with all these
projects, however they are just a component
manufacturer and do not make cards. The
comparison is like buying a brand new car
from a tyre manufacturer with five year's
experience in making tyres and taking his
word that this lets him make a perfect car.
In any case the document points out that
OpSec was a subcontractor in the Mexican
Voter ID. Ironically, the prime contractor
for that job is American company Digimarc,
which was disqualified by the TEC on the
grounds of missing information in their
technical specifications table. The Sunday
Leader was able to obtain a copy of the
contract between the Mexican Government and
Digimarc through diplomatic channels, and
there is not even a mention of subcontractor
OpSec in this contract.
We are also privy to internal correspondence
of Digimarc officials, where it was revealed
that the company has dropped OpSec from
their most recent work with the Mexican
government due to the inferior quality of
some of their components.
It would be excusable for the TEC to have
glanced over the failings of Heitech Padu
and Sagem in their initial evaluation if it
had glanced through all bidders with the
same comb. But some were discriminated
against from the earliest stages.
One bidder, was the Pakistani government's
National Database and Registration Authority
(NADRA), which submitted a bid via the
Pakistani Embassy. This arm of the Pakistani
government provided the cheapest bid out of
those evaluated, priced at just US$ 16
million for their entire solution. Other
bids range from US$ 30 million to over US$
100 million.
NADRA has also deployed the world's largest
National Identity Card system in Pakistan,
over 60 million cards, with the assistance
of the
US
government, in an effort to combat
infiltration into that country by al Qaeda
and the Taleban. That project started after
the September 11 attacks, and has been
running successfully for well over five
years.
Knocked out
The company was however knocked out by stage
two of the technical evaluation, on the
grounds that some information was not
available in their technical specifications
table. The funny thing is that also in the
same breath, the TEC said that similar
information was not available in the
proposal from the local Metropolitan Group,
in their bid.
Metropolitan won the tender for the new
driver's license, which itself has been
fraught with delays and issues and is well
behind schedule in its implementation. In
the case of the missing information in
Metropolitan's table however, the TEC report
states that members managed to find the
necessary information in other parts of the
proposal and therefore refrained from
disqualifying that company.
One TEC member who spoke on conditions of
anonymity said that he knew the moment that
the decision was made, that a game was
afoot. "NADRA and Metropolitan both made the
same mistake. But NADRA was a price
competitor to the favourites, and
Metropolitan's bid was high, over US$ 32
million. So a different set of rules was
applied to one and not the other."
The disqualification of NADRA was the first
in a series of moves that looks engineered
to eliminate all serious competition to
Heitech Padu and Sagem at the early stages,
according to bidders and TEC members alike.
It is unlikely that the NADRA bid had any
political or official backing despite being
proposed by one of
Sri Lanka's
closest ally governments, which is why its
rejection on a technicality amidst double
standards, met with little opposition from
any member of the TEC. They were no one's
favourite.
Their business
A similarly disqualified party was American
company Digimarc, who produce the driving
licences for nearly every state in the US.
The company also produces the National
Identity Card of the Philippines. Their
business is simply plastic identity cards.
Not components, but cards. "They were
worried about this one," said one of our TEC
sources. "The company's price was in the $30
million range, and they had also foreseen
the government's bankruptcy and had thrown
in an offer of financing."
This was not to be relevant as the TEC,
again with little objection, threw out
Digimarc on the grounds of missing
information. A member was able to show us
some documentation to do with the evaluation
of Digimarc's proposal although most
material was under lock and key in the eNIC
project office.
What we were shown demonstrated that most of
the grounds for removing Digimarc were
simply invalid and untrue. The member had
assembled a table, which he plans to present
along with other discrepancies should he
choose to resign from the TEC - as many
members are now considering - given the
political turmoil within.
The table shows again that not only was the
correct information in the correct place,
but substantial backup documentation was
referred to in the bid document.
He pointed out that many TEC members,
although sitting on a 'technical' evaluation
committee, do not have an iota of technical
background, and thus follow the lead of
those few members who have any technical
background at all. Our own technical
background was sufficient to see that the
grounds for rejection of Digimarc were
ludicrous, considering the allowances given
to other bidders.
Divisions among the TEC
Shortly after this stage of evaluation is
where the divisions among the TEC surfaced.
This stage of the evaluation was done
without the approval of the TEC Chairman,
who is also the Deputy Government Printer.
In a letter written to the Cabinet Tender
Board on October 9, Pigera warned that there
were irregularities in the evaluation
process and that individual members were
taking matters into their own hands without
consulting him. He said there are some
members "biased towards certain
technologies." He proposed that three
bidders be shortlisted out of the six
remaining, and that the TEC release a full
report on that basis.
Pigera and several other members refused to
sign the report presented to the TEC that
day on principle, as they had reservations
and objections on what may be inside the
report. Pigera himself had not even had a
chance to read the report. In a covering
letter he noted that "individual members
would submit separate explanatory notes in
due course."
He warned that "as the chairman of the TEC,"
he was about to express his personal views
on the "process taken place," pledging to do
so within seven days of October 8.
Refusal of several members to sign 'report'
Despite this controversy, and the refusal of
several members to sign the 'report,' the
Cabinet Tender Board wrote to all TEC
members on October 13, asking them to hold a
meeting - remarkably enough in the past - on
October 10, to evaluate the two bidders
shortlisted by the controversial TEC report.
Surprise, surprise, the two bidders
shortlisted by Dr. De Silva's report were
Heitech Padu and Sagem, the two who should
have been disqualified on day one for not
having the required experience on card
manufacturing.
The Cabinet Tender Board also asked that
samples of the cards by these bidders be
analysed by "an independent laboratory such
as ITI," without questioning whether such
laboratories would have the necessary
facilities to put
Sri Lanka's
new National Identity Card to the test.
Possibly in order to outfox Heitech Padu and
Sagem for not having an iota of experience
in card manufacturing and personalisation,
TEC Chairman Pigera proposed in his October
9 letter that site visits of the bidder's
existing facilities be carried out before a
decision is made, to ensure that the bidder
had experience with the correct
infrastructure.
The reasons are obvious. You might buy a car
from a tyre manufacturer under the strangest
of circumstances, but only a buffoon would
do so without actually going to see the car,
others like it, or the place where it was
made.
Site visits not required
The Cabinet Tender Board however, appears to
think otherwise. In its October 13 letter to
the CAPC, they "decided that site visits
are not required," essentially letting the
two front runners get away with having no
experience in doing what they may be paid
over US$ 30 million in taxpayer's foreign
exchange to do.
In the meantime, Pigera's observations on
the report arrived with the CAPC, and were a
bombshell to say the least. His letter
stated that when he was "randomly" checking
some scoring, he "uncovered major errors" in
the report "done by TEC members."
"Before I could act to correct these errors
the TEC report was written by other TEC
members and circulated for signing without
my approval," he said. He accused one TEC
member of withholding from him the "scoring
calculations" despite his "repeated
requests" asking why the Cabinet Tender
Board was asking him to "sign the TEC report
without even seeing the scoring
calculations."
He accused some TEC members of making
arbitrary decisions "without the chairman's
review, putting the security of our country
at risk and wasting billions of rupees."
Communication ignored
"My repeated communication of these issues
has been either ignored or overlooked, hence
I declined to sign the report," Pigera
wrote. He said that clarifications were not
sought from bidders, implying also that TEC
members had chosen instead to label certain
deviations as "undecided" in a way that they
did not affect the bidder's score.
"These should either be rejected or their
pricing should be loaded to bring them to
the same level as other bidders. For some of
these we may need to seek clarifications
from the bidders," he said, pointing out
that a lot of these glossed-over problems
were "substantive and material deviations"
of the tender requirement.
The TEC Chairman had also provided his list
of discrepancies with the TEC Report, but
this was not available as a part of the
documents we were able to obtain. It
transpired on reading the report that
another key bidder who was given short
shrift by the report was the single largest
card manufacturer in the world, the Dutch
company Gemalto, who bid with the local Just
in Time Group.
Gemalto's credentials stretch far and wide.
They produce the new biometric US Passport,
the Singaporean Identity Card, US Defence
Department Identity Cards (not just the
parts like Heitech's partner), and several
other speciality secure identity cards.
The TEC report did not just penalise Gemalto
on minor technicalities as it did with NADRA
and Digimarc, but it went as far as making
their bid for a colour-photo identity card
'disappear', citing them instead for having
sent two bids for black and white photograph
cards.
Out of the running
This effectively took Gemalto out of the
running for colour-photo cards, even though
their scoring was higher than other bidders
for colour photo options. The scoring of
Gemalto, just like that of Digimarc, was
amazingly biased against them. In simple
areas where a score is based on whether the
bidder answered yes or no to questions,
Gemalto has been scored as if they had
answered 'No' where they had answered 'Yes.'
This is the same phenomenon that led to the
Digimarc bid being rejected.
Also in the report, which recommended award
to Heitech Padu, the signing TEC members
"recommended" that some options quoted by
that company be reduced from their price
since they had not been "requested in the
bidding document." There is a rule for
handling bids in tenders where a bidder
throws in unnecessary items which affect
their price. That rule is "tough cheese."
The TEC is clearly stepping over its mandate
by tweaking one bid for the benefit of
reducing their price, without consulting the
bidder to see if these features can be
removed without compromising their system.
The Defence Ministry should raise an eyebrow
about this now. These are security features
that are being played with.
Pigera's technical background was also not
sufficient for him to highlight the risks in
going with proprietary technologies from the
companies now being considered, under an
arrangement where the Sri Lankan government
would not own the exclusive rights to the
bulk of the software being supplied.
At the mercy of the rights holder
This will not only leave Sri Lanka at the
mercy of the rights holder (the bidder) but
also present possible risks to national
security depending on our country's
relationship with each bidder's home
country. Our foreign relations over the last
three years have been dicey to say the
least, and thus these risks should be taken
into account.
Even after receiving Pigera's scathing
criticism of the TEC report, business went
about as usual at the Cabinet Tender Board.
The board dispatched letters on October 17
to the referees of SAGEM and Hitech Padu
asking that their references be verified. At
this time, the bids of other ID card titans
such as the rejected NADRA and Digimarc, and
the sidelined Gemalto, were all but
forgotten.
Ironically, NADRA was sent a letter by the
Cabinet Tender Board, but not regarding
their bid. They had been asked to verify a
reference given by SAGEM that they had
supplied fingerprint scanners for NADRA's
Pakistani NIC project that has to date
supplied over 70 million people.
The NADRA reply, although sent to the CAPC
on November 3, strangely found its way into
the Ministry's eNIC file only as late as
last Friday, November 7. Our sources close
to the Ministry provided us with the reply.
NADRA has asked why they are being asked to
verify SAGEM's US$ 32 million bid, when they
have not received an ounce of correspondence
on their US$ 16 million bid, which is less
than half the price.
Request to extend bid bonds
"We are therefore surprised that we have not
received a single request for clarification
or any correspondence regarding our offer,"
NADRA wrote. They also stated that their bid
and bid bond were valid only until November
17 and November 27 respectively, and asked
whether there was a need to have these
extended. There was no mention of SAGEM's
reference being verified.
What NADRA did not know is that on the very
date of their reply, November 3, the CAPC
wrote to several bidders requesting that
they extend their bid bonds and bid validity
until late December. It is learnt that the
previously disqualified Digimarc and the
sidelined Gemalto are among those who have
received letters. Yet files pertaining to
NADRA are difficult to come across from the
Ministry of Internal Administration. It is
telling that we were only able to acquire
their November 3 letter on Friday.
The level of controversy inside the TEC is a
key contributor to the controversy within.
The most technically proficient member of
the committee, Dr. Chathura de Silva, is a
paid consultant to PC House, a company that
is part of the Heitech Padu consortium. Some
TEC members have alleged that it was Dr. De
Silva who withheld the scoring criteria from
the TEC Chairman.
Dr. De Silva was also previously made to
resign from a TEC which evaluated a bid from
PC House, on the basis of discrepancies to
do with his and PC House's performance. If
this is not sufficient grounds to establish
conflict of interest, another TEC Member,
Achala Weerasooriya of the Elections
Department was a student of Dr. De Silva at
the Moratuwa University.
"She even calls him 'sir' in some of our TEC
meetings," a member chuckled. Many bidders
who we were able to contact were enraged at
the blatant malpractice going on in this
TEC. "In Sri Lanka you expect corruption in
tenders all the time," said one bidder's
local representative. "But especially with
this government and the Rajapakses who are
all about security, you don't expect them to
allow something like this to happen and
jeopardise national security. This is the
main reason we are so surprised."
It will be interesting to see how this
entire saga transpires, and it will be even
more interesting to see whether the
government is going to allow this tender,
and all its clear risks to the country's
national security to go unchecked as they
have thus far.