Maintain material bills submitted by contractors: CIC to PWD

The CIC has made it mandatory for the CPWD and the PWD to retain authenticated copies of material procurement bills submitted by contractors working on various road projects.
Through 11 RTI applications, Rahul Sharma had sought from the Public Works Department of Delhi government details of the quality of material used in construction of respective road projects.
The CPWD told him that bills of materials procured by the contractors are returned to them after endorsement in the material on site register (MSB) following which Sharma filed an appeal before the CIC.
During the hearing before the Central Information Commission, Sharma alleged that the private contractors quote far less that the estimated work cost calculated by the PWD.

He argued that the quotation for executing a civil work incorporating specified quality of raw material can never be less than the estimated work cost.
Sharma, who runs an anti-corruption organisation, told Information Commissioner Yashovardhan Azad that the private contractors quote unrealistically low bids to secure the road building contracts and resultantly, end up compromising on the quality.

"He alleges that the private contractors employ construction material of inferior quality to maximise their profit and violate the tender contract by not employing specified quality raw material viz. cement, iron and bitumen," Azad noted in his order.
Sharma said that that the road building work contracts mandate the private contractor to produce bills of raw material procurement as proof of having purchased the specified quality of raw material.

However, the road building contractors produce "fake" bills of raw material procurement before the PWD and escape the rigour of quality checks with connivance of few officers, Sharma alleged.
"In the aforesaid backdrop, the appellant (Sharma) states to have sought copies of raw material procurement bills as submitted by private contractors to the PWD in course of execution of various road construction projects," Azad said.
Refuting the allegations, the PWD officials said in the terms and conditions of award of road construction projects, the work executing contractor is mandated to use prescribed quality of raw material and in some cases, the contractor is further mandated to procure the same from PSUs.

They said the execution of work is then executed in supervision of PWD officers and quality of work is ensured.
The individual bills are returned to the respective contractors after their endorsement in the MSB register, hence they cannot be provided, they said.
"... When confronted with the question ascertaining the impediment which keeps the PWD from retaining copies on record of such material procurement bills in addition with making endorsement in the MSB register; the officers present on behalf of PWD are unable to give a coherent answer," Azad noted.
He said the present controversy to be limited to practice of record retention.

Considering the larger public interest and "facilitation of free flow of information", Azad directed the urban development ministry to incorporate adequate changes in its record retention practices regarding the itemised material procurement bills submitted by the contractors.
"In each case, it shall be mandatory for the PWD, GNCTD and CPWD to retain the authenticated copies of itemised bills on record invariably irrespective of existence of any terms & condition specified in work award contract," he said.
He said authenticated copies must be obtained by work executing agencies and contractors before settling payments.
"It is the need of the hour that the public authorities must adopt such proactive methods to minimise defiance of the morals of good governance and promote greater transparency in executive functioning," he said.