KATHMANDU, Sept 8: The Patan High Court has issued a short-term interim order, stopping the process of the tender issued so that only a limited number of companies could compete in the tender issued for the construction of the wastewater treatment plant. This order was given by the court due to doubts about the 'qualification' of the bids called for the construction of wastewater treatment plants stalled at Sallaghari, Kodku and Dhobighat under the Kathmandu Valley Wastewater Management Project.
The bench of Judge Durga Bahadur Bishwakarma of Patan High Court issued a short-term interim order stating that there was no healthy and transparent competition in the bids called for by the public bodies or organizations for development works and projects by the Kathmandu Valley Water Supply Limited (KUKL) Project Implementation Directorate (PID).
On August 31 last year, Republica published a report ‘Foul play suspected as KUKL fixes criteria for water treatment projects that bars Nepali companies from bidding’. In the order of the Patan High Court, it has been mentioned that the qualification specified in the tender is not valid according to the law in order to benefit or disadvantage any specific group or company.
Foul play suspected as KUKL fixes criteria for water treatment...
The court issued a short-term order to KUKL PID on July 16, 2023 in accordance with Rule 42 of the High Court Rules, 2073 BS instructing them not to proceed with the bidding process for wastewater treatment plants in Sallaghari, Kodku, and Dhobighat, part of the Kathmandu Valley Wastewater Management Project.
The court has ordered the defendants to provide a written response within 15 days of the notice period along with all the evidence by themselves or through their legal representative if there is any reason and proof that the order should not be issued as per the demand of the petitioner.
In the short-term interim order of the court, it is stated, "The copy of the order and writ petition should be kept together, and after issuing a notice with a deadline in the name of the opposition parties, a written response should be submitted in accordance with the rules, either after receiving it or after the deadline has expired.”
Sagarmatha Rupesh Construction had filed a writ petition stating that the KUKL had violated the guidelines of Asian Development Bank and the Public Procurement Act by preparing the qualification and specification in the tender called by KUKL PID on July 16, so that only limited construction companies would qualify.
The petitioner has claimed that when KUKL PID invited bids for the incomplete contract of three wastewater treatment plants in the valley, only a limited number of bidders could be included and the bidders' qualifications were set, and the said bid was illegal.
The KUKL PID had invited bids after preparing the qualifications for the project with a cost estimate of around Rs 6.5 billion. In terms of eligibility for the tender notice, the company competing for the contract must have a minimum annual turnover of US$ 80 million (Rs 10.58 billion) and must have worked with an annual turnover of US $ 80 million for the past five years.
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