- Donated by a well wisher
There is a ‘High voltage Slander Campaign’ going on with utter lies and half truths to defend a corrupt deal. Hence we have decided that the public should be allowed to make their own judgment. We publish the entire agreement – both consultancy agreement as well as the supply agreement. Please find some explanations which made us feel Pinarayi is guilty. If you find other arguments from these documents, please write back to us.
SNC Lavalin and KSEB entered into 3 separate contract for their projects
in Panniar, Sengulam and Pallivasal. Separate contracts were created so that
each contract will be below Rs 100 Crores. For contract above Rs 100 cores,
KSEB require CEA clearance.
In Feb 24, 1996 original contract was signed by UDF govt.
Scope of the work:
The Scope of work is clearly specified and it says that the scope of the project is just advisory in nature. Section 2 talks about “scope of Work’ and in section 2.1 “Provide the technical services for Mangement, Engineering, Procurement and Construction supervision so as to ensure timely completion of the project within the agreed timeframe which is 3 years from the Effective Date of Contract”.
The payment options talks about ‘renumeration’ and is being billed in man hours for the actual manhours spend on this project.(Annexure G)
Section 7 ‘ Renumeration and Payment ‘ clearly speaks about a payment ceiling and section 7.1(b) says that unless a revision on the scope of the project is made "Payments under this contract will not exceed a ceiling of C$4205000".
From the above it is clear that the ‘original agreement signed by UDF was just for a consultancy service, to be billed against actual man hours spend on the project subject to ceiling of Rs 26 crores. SNC Lavalin was to inform us when our cumulative payments reach 80 percent of the ceiling. But there was a provision that on mutual consent either party could revise this agreement which would take off this ceiling on payment also.
Termination of the contract :
Clause 13 talks about the effective data of contract. 13.1.1. tells us that if govt does not take the loan from EDC contract will become invalid. LDF government clearly had an option of not going ahead with the contract signed by UDF.
Annex A of the document gives the Scope of Work.
Even after availing EDC loan, tendering within Canada was very much possible. The loan conditions of EDC forced us to procure goods from Canada. But it didn’t force us to give the supply contract to SNC Lavalin. UDF was planning to issue a tender within Canada. It was part of the consultancy agreement that SNC Lavalin should help us with the tendering process. But Pinarayi Vijayan just awarded this contract to the consultant middleman without tendering thereby allowing SNC Lavalin to avail benefits or in other words commission.
Annex B Cost Estimate of Canadian Financed Goods and Services
This was an indicative list made by SNC during UDF period. Document says that "A more refined budget for Canadian financed goods and installation will be developed by estimator of the project team." UDF did not fix any rates.
Here comes the new contract of Mr Pinaray Vijayan
interesting part of the new agreement
KSEB becoming a "Company" ???
Rest you can read. See how the rates got reduced.
LDF/Mr Pinaray brings a new clause to the contract
"in addition to the agreed upon consultancy services xx reduced scope of supply of Canadian sourced electromechanical equipment for the Project"