In order to increase regional officers’ supervision on the national highway (NH) projects carried out by state Public Works Departments (PWDs) and Road Construction Departments (RCDs), the Ministry of Road Transport and Highways (MoRTH) has issued certain directives. In a circular, MoRTH stated that several NH projects carried out by PWDs and RCDs have suffered from serious shortcomings brought on by a lack of due diligence.
The circular claims that the ministry’s regional officers (ROs) at times are not consulted or involved in the bidding process or when defending contractual disputes before courts or arbitration tribunals. These disputes are often resolved without sufficiently protecting the interests of the centre.
Before bids are invited, the appropriate RO would review the bid materials, particularly the schedules created by state PWDs/ RCDs, for all NH project works (including those that cost less than Rs 1 billion but do not include maintenance works). Now, ROs are required to review the bid documents for all NH projects, (including those costing less than Rs 1 billion) for any irregularities, discrepancies, or shortcomings, especially concerning specifications and contract terms, as well as conditions set by the authorising and appraising body.
According to the circular, state PWDs and RCDs are not allowed to pursue these issues on their own without first consulting ROs. All written submissions, defences, and replies meant for courts must be reviewed by the ROs and returned with amendments or comments following review.
Further, ROs may seek guidance and assistance from legal experts from NHAI-empaneled law firms if necessary.