There Was Involvement of the Prime Minister’s Office During the Procurement and Evaluation Process of KCJ Engineering: Witness

KUALA LUMPUR: The High Court here was told today that the prime minister has no legal power under government procurement laws and regulations to direct a project to be awarded directly to any particular company.

The 26th prosecution witness, former Procurement Secretary of the Ministry of Finance, Datuk Zamzuri Abdul Aziz, 56, said the authority to determine whether a project is implemented through pre-qualification or direct negotiation falls under the jurisdiction of the Finance Minister.

Zamzuri, who is testifying against Tan Sri Muhyiddin Yassin who faces charges of using his position and money laundering related to the Jana Wibawa project, said the prime minister has no power to make such a decision.

When questioned by Deputy Public Prosecutor, Datuk Wan Shaharuddin Wan Ladin, whether there was involvement of the Prime Minister’s Office (PMO) during the procurement and evaluation process for the company KCJ Engineering Sdn Bhd, the witness answered, “There was.”

KCJ Engineering is an engineering and construction company that was allegedly contributed RM800,000 to BERSATU, and was awarded a road construction project to connect FELDA Bukit Jalor to Gemas, Negeri Sembilan, under the Jana Wibawa Programme through direct negotiation.

The witness agreed with Wan Shaharuddin that KCJ Engineering initially did not succeed in the early-stage evaluation process at the Jana Wibawa Programme Contractor Evaluation Committee Meeting.

Wan Shaharuddin: Usually if it fails in the evaluation, it will not be approved and will not be considered, correct?

Zamzuri: Correct

Wan Shaharuddin: Following that, the PMO submitted additional information through a letter dated 13 November 2020?

Zamzuri: Correct

Wan Shaharuddin: Who would know why the information was provided?

Zamzuri: I am not sure

Yesterday, MOF Government Procurement Division Secretary, Rosni Mohd Yusoff, told the court that KCJ Engineering failed the initial evaluation when she chaired the Contractor Evaluation Committee Meeting.

Rosni, who was then Secretary of the MOF Government Investment Companies Division, said the evaluation of KCJ Engineering was made following a proposal for the appointment of the company submitted by the then Prime Minister, namely Muhyiddin.

She said, MOF then received a letter from PMO for a re-evaluation to be conducted and the decision of the Contractor Evaluation Committee Meeting which sat on 26 February 2021 found that KCJ Engineering passed all the required criteria.

Meanwhile, through his witness statement, Zamzuri said, he as the Government Procurement Division Secretary directed Rosni, who was his deputy and also the Chairman of the Contractor Evaluation Committee, to conduct an evaluation of KCJ Engineering.

He said, this was because the company had been listed in the Prime Minister’s Office letter dated 13 November 2020.

“The letter was sent to the Finance Minister, Tengku Datuk Seri Zafrul Tengku Abdul Aziz. It was then minuted to me to take action, which was to conduct an evaluation of the company.

“If the name KCJ Engineering Sdn Bhd was not stated in the Prime Minister’s letter dated 13 November 2020, the Contractor Evaluation Committee would not have conducted an evaluation of the company.

“This is because evaluations are only carried out on companies proposed by the Prime Minister’s Office,” he said.

Zamzuri said, when KCJ Engineering did not go through the evaluation process by the Contractor Evaluation Committee at MOF, the company would not have succeeded in being awarded the project by JKR.

He said, this is because every contractor appointment under the Jana Wibawa Programme implemented through direct negotiation must go through the committee’s evaluation process before price negotiation and the issuance of the Letter of Acceptance by JKR.

The trial before Judge Noor Ruwena Md Nurdin continues tomorrow.

Berita Harian