•  33 packages; Tender for solid waste disposal
• 7 years; Contract period
• ₹544 crore; Estimated cost per year
• Tender invited on May 28
• Pre-bid meeting held on June 9
• New conditions after pre-bid meeting

BSWML engineers made urgent changes to allow minister's close aides: Contractors alleged

Violation of rules in garbage tender

Kere Manjunath ಕೆರೆ ಮಂಜುನಾಥ್

Bengaluru: In the tender called for 33 packages for waste disposal, new conditions and exemptions were added beyond the rules after the pre-bid process was completed.

The Bangalore Solid Waste Management Company (BSWML) had invited 33 section-wise tenders for primary waste collection, secondary waste transfer, and collection of street sweeping garbage within the BBMP limits on May 28. The contractors have alleged that the engineers have added a new appendix by imposing exemptions and conditions that could not be discussed in the pre-bid meeting held on June 9.

It was mentioned that five years of service would be considered from the financial year 2019-20 to the year 2023-24 to get the waste disposal tender. This was modified and the year 2024-25 was added instead of the financial year 2019-20. Due to the lockdown due to Covid, not much work was done in the year 2019-20. The financial turnover was low. However, the contractors had carried out the maintenance work with difficulty. These contractors are not being considered now.

BSWML engineers have been included in the financial year 2024-25 with the aim of facilitating those who have newly obtained contract registration. It is said that financial turnover will not be considered in this year. But the contractors have complained that the new annexure states that they will consider the service, which is a violation of the law and rules.

Tenders for 33 packages have been invited as per the Karnataka Transparency in Public Procurement (KTPP) Act. The financial bid for the full amount of the package should be submitted on the KPP portal itself. However, the new rule that the monthly usage fee of each vehicle should be paid to the BSWML engineers in a sealed envelope three days before the final day of the tender is alleged to be a violation of the KTPP Act.

‘The decision to award BSWML engineers to the problem arising among the contractors of the partnership who get the seven-year tender contract is final,’ they said. However, if the partners give the engineers an officer without resolving their problems, there will be bias. Anyone can be blacklisted,’ the contractors expressed concern.

Confusion: BSWML had invited tenders for 89 packages for waste management in September 2022. The tender was cancelled due to technical bid eligibility issues. When the tender was invited for the second time in January 2023, some were disqualified in the qualification round, which led to the matter reaching the court stage. The government had told the court that it would conduct a fresh tender process. Accordingly, tenders have been invited for 33 packages after getting approval from the cabinet. Now confusion has arisen again.

Legal advice sought: Lokesh

‘The court has ordered that the previous financial year should have ended three months before the financial capacity is verified. In the waste package, instead of considering solid waste management services in the year 2019-20, we have included the year 2024-25 after taking the opinion of our legal experts. We have also included the year 2024-25 in the amount of solid waste management work performed. This is not a violation of the rules. We did not do this to facilitate the ministers' close associates or anyone. This applies to the 33 packages as well,' said BSWML Chief General Manager Lokesh.

Transparency Act Violation: Balasubramaniam

'New matters that were not discussed in the pre-bid meeting have been added. The Karnataka Public Procurement Transparency Act has been violated. Conditions have been urgently relaxed to facilitate the ministers' close associates. This will cause problems for about 80 contractors,' alleged S.N. Balasubramaniam, General Secretary of the Bangalore Metropolitan Cleanliness and Lorry Owners-Contractors Association.

High Court objects to condition of obtaining approval from departmental minister

Solid waste disposal: Re-tender stayed

Bengaluru: The High Court has granted an interim stay to the re-tender, which imposed the condition of obtaining approval from the departmental minister for the implementation of the contract for solid waste disposal under the BBMP limits.

A single-judge bench headed by Justice M. Nagaprasanna heard a writ petition filed by S.N. Balasubramaniam, general secretary of the ‘Bangalore Metropolitan City Cleanliness and Lorry Owners’ and Contractors’ Association, challenging the conditions in the re-tender invited by ‘Bangalore Solid Waste Management Limited’ (BSWML) in May.

During the hearing, High Court advocate P. Prasanna Kumar, appearing for the petitioner, said, ‘This same bench had recently disposed of the writ petitions filed by several contractors challenging the tender rules invited by BSWML in 2023. Similarly, it had ordered the state government and BBMP to ‘complete the tender process within four months’.

‘As per this order, a re-tender has now been called. However, in the re-tender notification, a condition has been imposed that the necessary approvals be obtained from the competent authorities and the implementation should be done urgently with the approval of the departmental minister. This is completely contrary to the Karnataka Transparency in Public Procurement (KTPP) Act-1999,’ he expressed strong objection.

‘Furthermore, it is also a violation of the affidavit filed by the Advocate General in the court on behalf of the government.’

The bench, shocked by this statement, questioned the government's lawyers, saying, "Why did the minister of the department come?" and criticized the government's move.

To this, government's lawyer, Supriya Hegde, said, "The Advocate General will come and present his arguments in this case. We should give him some time for that."

Considering this, the bench allowed the petitioner's interim plea and ordered an interim stay on the re-tender. The hearing has been adjourned to the 19th.

Four-month deadline: BSWML had invited tenders for 89 packages for waste management in September 2022. The tender was canceled due to technical bid eligibility issues. When the tender was invited for the second time in January 2023, the matter reached the High Court level as some people were disqualified in the qualification round. The government had filed an affidavit in the High Court that it would conduct a re-tender process. The High Court had ordered on April 22, 2025, that the re-tender should be finalised within four months.

On May 28, BSWML had invited re-tenders for 33 section-wise packages instead of 89 packages for primary waste collection, secondary waste transfer and street sweeping within the BBMP area. The contractors had also alleged that the engineers had added a new annexure imposing exemptions and conditions that could not be discussed in the pre-bid meeting held on June 9.