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100 over irregularities and lapses reported by AGO

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By Terry Xu

In a 63 page report that was signed on 1st July 2013 and submitted to the President of Republic of Singapore by the Auditor-General’s Office (AGO)  and presented to parliament on 15th July. Over 100 irregularities and lapses were reported by the AGO on various ministries and statutory boards.

From the report we should say that AGO ought to be applauded for their great service to the general public, with a good showing of its integrity and living up to its core values, one of which being “We carry out our work with the highest standard of fairness and objectivity in the eyes of the public.”

Out of the 100 over irregularities and recommendations, what stood out from the rest was the construction project of Campus for Research Excellence and Technological Enterprise (CREATE).

It states,

A. Weak Grounds for Waiving Competition

AGO found that a contract for project management services (contract value of $2.25 million) was awarded via waiver of competition to a vendor without reasonable grounds. NRF had selected the vendor based mainly on a recommendation. There was no evidence that the vendor was the only company which could provide such services. NRF was unable to provide AGO with documentary evidence that NRF had conducted an independent assessment on the reasonableness of the sole quote received. NRF had breached Government procurement principles of transparency and open and fair competition. There was also no assurance that value for money

Furthermore, NRF had allowed the vendor to commence work more than two months before obtaining the requisite approvals for waiver of competition and award of the contract. This had the effect of circumventing the approving authorities’ gatekeeper role in ensuring that Government procurement principles were upheld.

So basically the contract for the project management was given to the vendor without the tender process based solely on recommendation.

Sounds familiar?

This bears striking resemblances to FMSS Saga with the Aljunied Hougang Punggol East Town Council (AHPETC) when they awarded the estate management contract to FM Solutions and Services Pte Ltd (FMSS) without tender for 1 year and subsequently a 3 year contract with tender when they won as the sole bidder for the tender. Workers’ Party was questioned relentlessly in Parliament and was thrown in the limelight in the Main Stream Media for their “lack of integrity”.

So with this finding, will anyone be subjected to the same level of treatment as what the Workers’ Party received? Or would it be just a simple lesson learnt and let us move on?

By the way, the vendor in question seems to be Jurong Consultants Pte Ltd (as shown in the BCA award nominees in 2011),  which is a subsidiary under JTC Corporation. (link)

projectmanager

B. Excessive Honorarium Amount for Design Consultancy Tender

For the tender for design consultancy services (total contract value of $25.00 million), AGO observed that NRF had paid approximately $467,000 as honorariums to three unsuccessful tenderers for their efforts in submitting concept design proposals. The amount of honorariums paid was three times the amount derived based on the compensation framework provided in the Government Instruction Manuals.

Why pay three times for the concept design proposal? And the sum goes up to be close to half a million dollars! hindsight? And which are the three companies who were paid three times of what they should receive based on the compensation framework?

C. Scoring Method Used for Evaluation Not Disclosed in Tender Documents

For the tender for building works construction (contract value of $283.36 million), AGO observed that the scoring methods used for evaluating the qualitative criteria were not established upfront and made known to the tenderers. This was not in line with Government procurement principle of transparency. As there was no evidence that the scoring methods used were established prior to the tender closing date, NRF could also face difficulties in protecting itself against allegations of manipulation of scoring methods to favour certain tenderers after the details of the bids were known.

This reminds me of Gebiz, where you set certain specifications for the vendor to meet which results in instances that allow preferred vendors to have slight advantages over the others.

D. Contract Variation Instructions Issued Without Appropriate Approval

AGO test-checked 149 variation instructions issued to the contractor for building works construction and found 108 instances (72.5 per cent) amounting to $5.99 million, where there was no evidence that appropriate approval had been obtained. In another 17 instances (amounting to $330,900), AGO observed that retrospective approvals were obtained 29 to 260 days after variation instructions were issued.

NRF had not complied with the Government Instruction Manuals as well as its internal procedures which required approvals to be obtained before variation instructions could be issued. This undermined the role of the approving authority and bypassed the controls to ensure that variations were properly justified before they could be implemented.

So what this means is that out of the 149 variation instructions (which probably refers to changes to the scope or character of the works) that is issued, 108 instances were not given approval before carrying out the instructions. And out of this 149 instructions, 17 instances only had their approval obtained  1 month to 9 months after the variation instructions were issued.  

E. Late Payments and No Payment Responses Provided

The Building and Construction Industry Security of Payment Act (Cap. 30B, 2006 Revised Edition) stipulated the time frame for making payment and requirements for payment response to a payment claim.  The Act was passed to address cash flow problems faced by the construction industry by upholding the rights of parties to seek progress payments for work done and goods supplied.

For the contract for building works construction and another contract for foundation works (total contract value of $295.72 million), AGO found 32 instances of late payment to contractors (totalling $254.04 million). In six instances (totalling $26.09 million), the delays ranged from 33 to 174 days.

For the three consultancy services contracts (total contract value of $27.25 million), AGO observed that NRF did not provide payment responses to the consultants’ payment claims (totalling $24.56 million).

With such a large sum of money owning for such a long period of time, it is a wonder how the companies managed to keep afloat. But if I were in the position of the companies, I would surely dare not offend the pay master especially if I look forward to future projects with them.

So with all these irregularities, will there be any investigation conducted  on whether if there had been any conflict of interest? Bearing in mind Or public scrutiny from the press coverage?

And this is why, people say when your house is made of glass, don’t go around throwing stones. You never know when the stones come hitting back.

On a side note, would our esteemed president, Dr Tony Tan having received the report, come out to give us any of his comments since he promised to look after the public interest? But chances are, we might have to wait till the next full moon just like when Singapore was covered in haze.

And on a side side note, Dr Tony Tan took the position of the Chairman of NRF since the Foundation’s inception in January 2006 till 31st August 2011 where Dr Tan resigned from NRF  to be sworn in as President of Singapore on 1 September 2011.

If you have any knowledge of similar irregularities brought out in the report on practices that may point to non-compliance with financial and procurement rules, wastage and extravagance, and suspected misappropriation, fraud or corruption, feel free to drop a submission via the addresses indicated at this link. (Whistle-blower is not required to state his/her name  )

The report which is now available to the general public can be downloaded from the AGO’s website. (link)
or you can also read the PDF file below,


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Commentaries

Lim Tean criticizes Govt’s rejection of basic income report, urges Singaporeans to rethink election choices

Lim Tean, leader of Peoples Voice (PV), criticizes the government’s defensive response to the basic living income report, accusing it of avoiding reality.

He calls on citizens to assess affordability and choose MPs who can truly enhance their lives in the upcoming election.

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SINGAPORE: A recently published report, “Minimum Income Standard 2023: Household Budgets in a Time of Rising Costs,” unveils figures detailing the necessary income households require to maintain a basic standard of living, using the Minimum Income Standard (MIS) method.

The newly released study, spearheaded by Dr Ng Kok Hoe of the Lee Kuan Yew School of Public Policy (LKYSPP) specifically focuses on working-age households in 2021 and presents the latest MIS budgets, adjusted for inflation from 2020 to 2022.

The report detailed that:

  • The “reasonable starting point” for a living wage in Singapore was S$2,906 a month.
  • A single parent with a child aged two to six required S$3,218 per month.
  • Partnered parents with two children, one aged between seven and 12 and the other between 13 and 18, required S$6,426 a month.
  • A single elderly individual required S$1,421 a month.
  • Budgets for both single and partnered parent households averaged around S$1,600 per member. Given recent price inflation, these figures have risen by up to 5% in the current report.

Singapore Govt challenges MIS 2023 report’s representation of basic needs

Regrettably, on Thursday (14 Sept), the Finance Ministry (MOF), Manpower Ministry (MOM), and Ministry of Social and Family Development (MSF) jointly issued a statement dismissing the idea suggested by the report, claiming that minimum household income requirements amid inflation “might not accurately reflect basic needs”.

Instead, they claimed that findings should be seen as “what individuals would like to have.”, and further defended their stances for the Progressive Wage Model (PWM) and other measures to uplift lower-wage workers.

The government argued that “a universal wage floor is not necessarily the best way” to ensure decent wages for lower-wage workers.

The government’s statement also questions the methodology of the Minimum Income Standards (MIS) report, highlighting limitations such as its reliance on respondent profiles and group dynamics.

“The MIS approach used is highly dependent on respondent profiles and on group dynamics. As the focus groups included higher-income participants, the conclusions may not be an accurate reflection of basic needs.”

The joint statement claimed that the MIS approach included discretionary expenditure items such as jewellery, perfumes, and overseas holidays.

Lim Tean slams Government’s response to basic living income report

In response to the government’s defensive reaction to the recent basic living income report, Lim Tean, leader of the alternative party Peoples Voice (PV), strongly criticizes the government’s apparent reluctance to confront reality, stating, “It has its head buried in the sand”.

He strongly questioned the government’s endorsement of the Progressive Wage Model (PWM) as a means to uplift the living standards of the less fortunate in Singapore, describing it as a misguided approach.

In a Facebook video on Friday (15 Sept), Lim Tean highlighted that it has become a global norm, especially in advanced and first-world countries, to establish a minimum wage, commonly referred to as a living wage.

“Everyone is entitled to a living wage, to have a decent life, It is no use boasting that you are one of the richest countries in the world that you have massive reserves, if your citizens cannot have a decent life with a decent living wage.”

Lim Tean cited his colleague, Leong Sze Hian’s calculations, which revealed a staggering 765,800 individuals in Singapore, including Permanent Residents and citizens, may not earn the recommended living wage of $2,906, as advised by the MIS report.

“If you take away the migrant workers or the foreign workers, and take away those who do not work, underage, are children you know are unemployed, and the figure is staggering, isn’t it?”

“You know you are looking at a very substantial percentage of the workforce that do not have sufficient income to meet basic needs, according to this report.”

He reiterated that the opposition parties, including the People’s Voice and the People’s Alliance, have always called for a minimum wage, a living wage which the government refuses to countenance.

Scepticism about the government’s ability to control rising costs

In a time of persistently high inflation, Lim Tean expressed skepticism about the government’s ability to control rising costs.

He cautioned against believing in predictions of imminent inflation reduction and lower interest rates below 2%, labeling them as unrealistic.

Lim Tean urged Singaporeans to assess their own affordability in these challenging times, especially with the impending GST increase.

He warned that a 1% rise in GST could lead to substantial hikes in everyday expenses, particularly food prices.

Lim Tean expressed concern that the PAP had become detached from the financial struggles of everyday Singaporeans, citing their high salaries and perceived insensitivity to the common citizen’s plight.

Lim Tean urges Singaporeans to rethink election choices

Highlighting the importance of the upcoming election, Lim Tean recommended that citizens seriously evaluate the affordability of their lives.

“If you ask yourself about affordability, you will realise that you have no choice, In the coming election, but to vote in a massive number of opposition Members of Parliament, So that they can make a difference.”

Lim Tean emphasized the need to move beyond the traditional notion of providing checks and balances and encouraged voters to consider who could genuinely improve their lives.

“To me, the choice is very simple. It is whether you decide to continue with a life, that is going to become more and more expensive: More expensive housing, higher cost of living, jobs not secure because of the massive influx of foreign workers,” he declared.

“Or you choose members of Parliament who have your interests at heart and who want to make your lives better.”

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Political observers call for review of Singapore’s criteria of Presidential candidates and propose 5 year waiting period for political leaders

Singaporean political observers express concern over the significantly higher eligibility criteria for private-sector presidential candidates compared to public-sector candidates, calling for adjustments.

Some also suggest a five year waiting period for aspiring political leaders after leaving their party before allowed to partake in the presidential election.

Notably, The Workers’ Party has earlier reiterated its position that the current qualification criteria favor PAP candidates and has called for a return to a ceremonial presidency instead of an elected one.

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While the 2023 Presidential Election in Singapore concluded on Friday (1 September), discussions concerning the fairness and equity of the electoral system persist.

Several political observers contend that the eligibility criteria for private-sector individuals running for president are disproportionately high compared to those from the public sector, and they propose that adjustments be made.

They also recommend a five-year waiting period for aspiring political leaders after leaving their party before being allowed to participate in the presidential election.

Aspiring entrepreneur George Goh Ching Wah, announced his intention to in PE 2023 in June. However, His application as a candidate was unsuccessful, he failed to receive the Certificate of Eligibility (COE) on 18 August.

Mr Goh had expressed his disappointment in a statement after the ELD’s announcement, he said, the Presidential Elections Committee (PEC) took a very narrow interpretation of the requirements without explaining the rationale behind its decision.

As per Singapore’s Constitution, individuals running for the presidency from the private sector must have a minimum of three years’ experience as a CEO in a company.

This company should have consistently maintained an average shareholders’ equity of at least S$500 million and sustained profitability.

Mr Goh had pursued eligibility through the private sector’s “deliberative track,” specifically referring to section 19(4)(b)(2) of the Singapore Constitution.

He pointed out five companies he had led for over three years, collectively claiming a shareholders’ equity of S$1.521 billion.

Notably, prior to the 2016 revisions, the PEC might have had the authority to assess Mr Goh’s application similarly to how it did for Mr Tan Jee Say in the 2011 Presidential Election.

Yet, in its current formulation, the PEC is bound by the definitions laid out in the constitution.

Calls for equitable standards across public and private sectors

According to Singapore’s Chinese media outlet, Shin Min Daily News, Dr Felix Tan Thiam Kim, a political analyst at Nanyang Technological University (NTU) Singapore, noted that in 2016, the eligibility criteria for private sector candidates were raised from requiring them to be executives of companies with a minimum capital of S$100 million to CEOs of companies with at least S$500 million in shareholder equity.

However, the eligibility criteria for public sector candidates remained unchanged. He suggests that there is room for adjusting the eligibility criteria for public sector candidates.

Associate Professor Bilver Singh, Deputy Head of the Department of Political Science at the National University of Singapore, believes that the constitutional requirements for private-sector individuals interested in running are excessively stringent.

He remarked, “I believe it is necessary to reassess the relevant regulations.”

He points out that the current regulations are more favourable for former public officials seeking office and that the private sector faces notably greater challenges.

“While it may be legally sound, it may not necessarily be equitable,” he added.

Proposed five-year waiting period for political leaders eyeing presidential race

Moreover, despite candidates severing ties with their political parties in pursuit of office, shedding their political affiliations within a short timeframe remains a challenging endeavour.

A notable instance is Mr Tharman Shanmugaratnam, who resigned from the People’s Action Party (PAP) just slightly over a month before announcing his presidential candidacy, sparking considerable debate.

During a live broadcast, his fellow contender, Ng Kok Song, who formerly served as the Chief Investment Officer of GIC, openly questioned Mr Tharman’s rapid transition to a presidential bid shortly after leaving his party and government.

Dr Felix Tan suggests that in the future, political leaders aspiring to run for the presidency should not only resign from their parties but also adhere to a mandatory waiting period of at least five years before entering the race.

Cherian George and Kevin Y.L. Tan: “illogical ” to raise the corporate threshold in 2016

Indeed, the apprehension regarding the stringent eligibility criteria and concerns about fairness in presidential candidacy requirements are not limited to political analysts interviewed by Singapore’s mainstream media.

Prior to PE2023, CCherian George, a Professor of media studies at Hong Kong Baptist University, and Kevin Y.L. Tan, an Adjunct Professor at both the Faculty of Law of the National University of Singapore and the NTU’s S. Rajaratnam School of International Studies (RSIS), brought attention to the challenges posed by the qualification criteria for candidates vying for the Singaporean Presidency.

In their article titled “Why Singapore’s Next Elected President Should be One of its Last,” the scholars discussed the relevance of the current presidential election system in Singapore and floated the idea of returning to an appointed President, emphasizing the symbolic and unifying role of the office.

They highlighted that businessman George Goh appeared to be pursuing the “deliberative track” for qualification, which requires candidates to satisfy the PEC that their experience and abilities are comparable to those of a typical company’s chief executive with shareholder equity of at least S$500 million.

Mr Goh cobbles together a suite of companies under his management to meet the S$500m threshold.

The article also underscored the disparities between the eligibility criteria for candidates from the public and private sectors, serving as proxies for evaluating a candidate’s experience in handling complex financial matters.

“It is hard to see what financial experience the Chairman of the Public Service Commission or for that matter, the Chief Justice has, when compared to a Minister or a corporate chief.”

“The raising of the corporate threshold in 2016 is thus illogical and serves little purpose other than to simply reduce the number of potentially eligible candidates.”

The article also touches upon the issue of candidates’ independence from political parties, particularly the ruling People’s Action Party (PAP).

It mentions that candidates are expected to be non-partisan and independent, and it questions how government-backed candidates can demonstrate their independence given their previous affiliations.

The Workers’ Party advocate for a return to a ceremonial presidency

It comes as no surprise that Singapore’s alternative party, the Workers’ Party, reaffirmed its stance on 30 August, asserting that they believe the existing qualifying criteria for presidential candidates are skewed in favour of those approved by the People’s Action Party (PAP).

They argue that the current format of the elected presidency (EP) undermines the principles of parliamentary democracy.

“It also serves as an unnecessary source of gridlock – one that could potentially cripple a non-PAP government within its first term – and is an alternative power centre that could lead to political impasses.”

Consistently, the Workers’ Party has been vocal about its objection to the elected presidency and has consistently called for its abolition.

Instead, they advocate for a return to a ceremonial presidency, a position they have maintained for over three decades.

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