Walton Takes CoU to Court Over Lost Computer Bid

Published : Thursday, 8 May, 2025 at 9:36 PM Count : 720

Comilla University (COU) has reportedly caused a loss of approximately ten lakh taka to the government due to the violation of the Public Procurement Act during the purchase of computers. The Specification Committee and Senior Programmer Mohammad Nasir Uddin allegedly specified the processor and graphics of a particular company, leading to this financial setback.

Sources reveal that the university floated a tender on December 22nd of last year for 45 computers intended for various departments to enhance students' skills. A total of seven companies, including Walton Digi-Tech Industries Limited, Soft-Tech, Smart Technology (BD) Limited, Creature Computers, and Global Brand Limited, submitted bids.

The university administration had formed a seven-member Specification Committee on October 17th of the previous year, headed by Professor Dr. Mohammad Amzad Hossain Sarkar of the Marketing Department, to oversee the computer procurement. The committee was tasked with setting standards within 15 working days, outlining 17 criteria including brand, model, processor, memory, storage, and graphics.

According to Rule 29(3) of the Public Procurement Rules 2008, technical tenders should not specifically mention any product's trademark, trade name, patent, design, type, specific country of origin, or the name of the manufacturer or supplier in the specification. However, the Specification Committee and Senior Programmer Nasir Uddin allegedly disregarded these regulations and recommended calling for tenders specifying models, specifications, and company names.

Regarding this, the head of the committee, Professor Dr. Mohammad Amzad Hossain Sarkar of the Marketing Department, stated, "Considering the students' needs, we mentioned the name of Global Company so that students can use good quality products."

Meanwhile, a two-member evaluation committee was formed to assess the technical specifications of the computer purchase. They evaluated the products of the seven companies and provided their feedback. In their opinion, they mentioned that Walton Digi-Tech is a Bangladeshi brand. Walton claimed their products were equivalent to Dell/HP. However, the evaluation committee noted that Walton did not meet the university's stipulated conditions and could be excluded based on those grounds.

Professor Dr. Md. Saifur Rahman, the head of the Technical Specification Evaluation Committee for computer procurement, said, "It is not our concern who met the conditions. We only verified the technical aspects according to the standards that were set."

Furthermore, according to Section 48(2) of the Public Procurement Act 2006, the tender should typically be awarded to the lowest bidder. In this case, Walton Digi-Tech Industries submitted the lowest bid at Tk 46.40 lakh. However, the tender was allegedly awarded to Smart Technology, the third-lowest bidder, whose offer was Tk 56.34 lakh.

When asked why Walton was not awarded the tender despite being the lowest bidder, the company's Chief Business Officer, Touhidur Rahman Rad, said, "We participated in a tender at the university where we were the lowest bidder, yet the administration did not award it to us. We sent several letters and emails to the Senior Programmer (Nasir) to inquire about this, but received no response. This has caused losses to our company, leading us to seek legal recourse."

Following Walton's appeal, the Review Panel of the Bangladesh Public Procurement Authority's Appellate Division stated that although Comilla University authorities mentioned several brands in the computer purchase specifications, the inclusion of the word "equivalent" meant that there did not appear to be any major discrepancies other than in the processor and graphics. However, they also noted that when Walton inquired with the administration about the reasons, an explanation should have been provided.

The Review Panel further stated that disregarding the lowest bidder based on such a minor deviation and evaluating them as non-responsive resulted in a financial loss of Tk 9.94 lakh to the government. Consequently, the responsibility for this loss lies with the three members of the Technical Committee. They also mentioned that according to Rule 60(3)(ঙ) of the 2008 rules, compensation could be claimed from the tender evaluation committee. Additionally, they directed the return of the appellant's security deposit.

When asked about the extent of the damage, Touhidur Rahman Rad said that companies invest a significant amount of money based on a tender, which incurs interest. However, he could not provide a specific figure for the financial loss.

Regarding why the work was not awarded despite the lower bid, the NTT (presumably Non-Technical Team member) and Senior Programmer of the tender's Procurement Committee, Mohammad Nasir Uddin, claimed that Walton Digi-Tech authorities did not meet the conditions specified by the university administration. He also stated that Soft-Tech, the second-lowest bidder, was not considered due to a lack of a valid trade license. Smart Technology was awarded the tender because they met the required conditions.

When questioned about why Walton Digi-Tech Company was deemed non-responsive, he alleged that during the tender process, they repeatedly visited the university urging the purchase of their products, which is prohibited under university regulations.

Professor Dr. Mohammad Solaiman, the head of the Tender Evaluation Committee, stated that they made the decision based on the opinion provided by the Technical Specification Evaluation Committee, in light of the standards set by the Technical Specification Committee.

FP/MI