SHINE A LIGHT: Concerns Arise Over Transparency, Conflicts of Interest

Chands Engineering Consultants Ltd was one of the five lead consultants engaged by the disbanded Construction Implementation Unit (CIU) to manage the projects.

Sunday 04 February 2024 | 19:24

Damage caused by TC Winston was widespread, even at Qoma Island.

Damage caused by TC Winston was widespread, even at Qoma Island.

The rehabilitation of schools damaged by Tropical Cyclone Winston have raised questions of possible conflicts of interest in the awarding of tenders to some contractors.

A three-page excel spreadsheet, obtained from sources directly involved with the project, contains details of the number of affected schools, engineers, and contractors.

Tenders to construct schools were awarded to lead consultants and companies with close association to two major hardware suppliers – and depending on which construction and engineering expert you speak to; some say this is a conflict of interest.

The involvement of Chands Engineering Consultants Ltd, Roofing & Profile, Vinod Patel Works Pte Limited, Vinod Patel & Group Limited as contractors have fuelled questions on the degree of transparency of the tender process.

Families on Moturiki Island were not spared by TC Winston in 2016.

Families on Moturiki Island were not spared by TC Winston in 2016.

In part two of the schools’ rehabilitation project published in the Shine a Light column last weekend, we highlighted the process of awarding tenders to contractors, and the appointment of lead consultants.

Chands Engineering Consultants Ltd was one of the five lead consultants engaged by the disbanded Construction Implementation Unit (CIU) to manage the projects.

Shine a Light had contacted structural and civil engineer, Abhinesh Chand, of Chands Engineering Consultants Ltd, Roofing and Profiles Shareholder, Dinesh Patel, and Group chief executive officer RC Manubhai, Dr Uppiliappan Gopalan, Vinod Patel Group – ESG - general manager, Latileta Qoro.

Attempts via phone calls and emails were unsuccessful when this edition went to press.

DESIGN AND BUILD 

Chands Engineering Consultant, one of the lead consultants in the schools’ rehabilitation programme, was awarded the tender to rebuild the ruins of TC Winston on Kade Village School on the island of Koro.

Chands Engineering was also the lead consultant that managed the $2 million project and oversaw its completion.

Lead consultants played a pivotal role in the selection and awarding of tenders to construction companies. Chands Engineering was one of the five lead consultants.

As stipulated in the terms of reference for lead consultants, lead consultants were expected to carry out tender assessments, provide recommendations and assistance where required.

In addition, they were to prepare contract documents and necessary contract administration for the builders.

“It would have been better for him not to get involved, especially if he is designing the building. Some people might see it as a conflict of interest,” an engineer, who spoke on the condition of anonymity, said.

Construction Industry Council president Gordon Jenkins said it was clear conflict of interest.

“A lead consultant should never be a builder. If you’re a design consultant or lead consultant, you shouldn’t be a contractor as well,” Mr Jenkins said.

“Design and build contract, in my mind, is wrong because you are designing and building. You’ve got this conflict of interest in there all the time, it’s like scratching your own back.”

An engineer, who was involved in the project, said the only weakness of the project was the awarding of a design and build contract to Chands Engineering, because of accountability.

NRW Macallan (Fiji) Ltd managing director Nathan Kirk expressed a different view. He said if the project was done as a design and build, then it wasn’t a problem.

“...relies on the integrity of the engineer and I would hope the managing body would have their independent checks. If there weren’t independent checks, you’ve got a heavy influence on that,” Mr Kirk said.

The terms of reference for lead consultants should verify if they have any other interest to declare that may conflict with any aspect of the project.

Chands Engineering was the only engineering firm and lead consultant that was awarded a design and build contract.

Design and build contracts is when the engineer is part of the contractor’s team, rather than being appointed by the client, because clients may sometimes find design and build contracts easier than the general contract.

KADE VILLAGE SCHOOL 

The cost of rebuilding Kade Village School was around $2.3 million.

Kade villager Verati Sowani said the devastation was immense that the entire school was wiped out.

He said the new buildings included four classrooms that were each partitioned to cater for Year 1 to Year 8, a kindergarten room, two duplex that housed four teachers’ quarters and the washrooms, principal’s house, and a dining hall.

“The buildings are strong enough compared to the past and villagers use it to take shelter if there’s any forecast for cyclones,” Mr Sowani said.

HARDWARE MERCHANTS 

The awarding of tenders to Roofing & Profiles (Fiji) Pte Ltd, Vinod Patel Works Pte Limited, and Vinod Patel & Group Limited also questions the systems and processes undertaken during the rehabilitation project.

The three companies are owned by shareholders of hardware merchants.

Roofing & Profiles (Fiji) Pte Limited, incorporated on August 20, 2002, is one of the companies belonging to the RC Manubhai Group of companies, whose shareholders are Dinesh Patel, Jitendra Kumar, Bhavesh Kumar, Ashik Kumar, and Rajesh Kumar Patel.

Vinod Patel Works Limited was formerly known as Vinod Patel & Company (Lautoka) until June 14, 2011, when its name was changed to Vinod Patel Works Limited, and now operating as Vinod Patel Works PTE Ltd.

The company was incorporated on January 16, 1981, and is categorised as a medium company.

Vinod Patel Works is the construction arm of the Vinod Patel group of companies. The majority shareholder, holding 499,999 shares of the 500,000 total number of shares, is Vinod Patel & Company Limited – the hardware supplier, and the largest company within the Vinod Patel Group of companies.

Directors of Vinod Patel Works and Vinod Patel Company Limited are Jiten Patel, Pravin Patel, Jayanti Patel, and Sachin Patel.

Data on TC Winston indicated that Roofing & Profiles carried out work on 16 schools worth about $7.8 million; Vinod Patel Works and Vinod Patel Company Limited worked on 24 schools with a combined project cost of about $27.7 million.

In a related matter, RC Manubhai and Vinod Patel had failed to deliver full hardware materials to Fijians whose homes were affected by TC Winston as part of the ‘Help for Homes’ initiative, in which they were to pay an interest rate of four per cent to the Government.

In December last year, we published concerns raised by villagers in Tailevu on the failure of the two hardware suppliers to deliver materials they had ordered after swiping their electronic cards that were already loaded with money.

Both hardware companies did not respond to emailed questions and phone calls made on this matter.

In an email received on January 19, RC Manubhai shareholder, Mr Patel, said the article published on December 2-3, 2023, titled Helpless Villagers: Our materials? was malicious because of incorrect information and targeted innocent suppliers like RC Manubhai.

CLEAR DEMARCATION 

Mr Jenkins said suppliers should be independent of contractors.

“If there’s a gap in the legal arrangements, people are going to walk right through it,” he said.

“It’s dishonest, they are not selling or charging for what they do. There should be something that makes people responsible.”

Unity Fiji party leader Savenaca Narube said there should be an arm’s length relationship between supplier and contractor.

“That should be provisioned in the contract bidding document of the Government, that should not be entertained."

"You don’t play around with public money,” Mr Narube said.

“We must be strict. There has to be a clear separation of rules between supplier and procurement."

"They shouldn’t be supplying materials if they were also contractors.”

Opposing views were expressed by Mr Kirk, who said: “You’re allowed to tender for the work if you’re a hardware supplier because you can be a contractor as well.

“A lot of people have a lot of string to a lot of bows in this country because you must.”

WAS THERE ANY COST CONTROL? 

Government spent $234.5 million on the project; an exorbitant amount of money that could have been reduced if there was any cost control, Mr Jenkins, said.

An expert in the engineering field, who spoke on the condition of anonymity, said some people took advantage of such emergency situations.

“You must go case by case to see what damage was there, what was the ratification cost."

"People can play around here and exaggerate the charges,” the engineering expert said, adding this was “public money”.

Click on the links below for more on this series

SHINE A LIGHT: Unraveling The Aftermath In TC Winton 

SHINE A LIGHT: Examining the Rehabilitation Project

NEXT WEEK: We answer questions surrounding cost control; and whether fee claims made by lead consultants were reasonable. 

Feedback: ivamere.nataro@fijisun.com.fj

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