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Low: It did not cross my mind to call a tender

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Davinder to ex-WP chief: You had no intention to call tender for new managing agent

Several times yesterday, former Workers' Party (WP) chief Low Thia Khiang said the idea of calling a tender to appoint a new managing agent for Aljunied-Hougang Town Council (AHTC) did not cross his mind.

His cross-examiner, Senior Counsel Davinder Singh, pointed out that Mr Low had been chairman of a town council for 20 years and said it could not have escaped his attention that a tender was needed.

He also asked why Mr Low did not get incumbent managing agent CPG Facilities Management to stay on while a tender was called.

Referring to Mr Low and the other WP MPs, Mr Singh said: "How can it be that all these MPs, including an experienced town councillor who has been a chairman for 20 years and three lawyers, didn't even raise this issue of the need to call for a tender, and for that purpose, to ask CPG to hang on until the tender is done?"

"But that's a fact," Mr Low replied.

"It's either that, Mr Low, or as I suggest to you there was no intention to call a tender," Mr Singh said.

Mr Low responded: "It did not cross my mind whether a tender should be called under the circumstances... The thought just didn't arise in the mind."

DAY 9

The exchange unfolded on the ninth day of a multimillion-dollar civil suit to recover alleged improper payments made by AHTC. Mr Singh is representing Pasir Ris-Punggol Town Council in the case.

Mr Singh sought to establish that Mr Low and his fellow town councillors had planned for FM Solutions & Services (FMSS) to manage the town council from the start, as evidenced by notes that indicated new staff would "take over" from CPG on July 15.

According to the defence, CPG had told the town council of its desire to leave its contract only on May 30, 2011. But as there was a July 15 date marked for takeover, there was no time to carry out a tender.

Mr Singh said calling a tender "would have upset the plan".

Mr Low disputed this and said the "contingency plan" for FMSS to serve as managing agent kicked in only when CPG asked to leave.

Mr Singh said: "The reason it would appear that it didn't occur to you (to call a tender) because you were proceeding with FMSS, when it comes down to it."

FMSS was "the best possible option we could have", Mr Low said.

But Mr Singh went on: "It's not a question about there being no time to do a tender, it's not a question where you were being put in a situation where it would be a rush to call a tender... Your own fallback plan would be inconsistent with calling a tender."

Mr Low replied: "Yes, you can say that, but it has never been on my mind to call a tender in the first place."

Towards the end of the six-hour hearing, Mr Singh drew Mr Low's attention to an e-mail he had received from a WP member six days after his party won Aljunied GRC in May 2011.

The WP member had advised Mr Low to prepare to call a tender for a new managing agent.

Mr Singh charged: "Therefore, your entire evidence that you gave today about the tender having not crossed your mind and no one telling you about the tender is regrettably untrue."

Mr Low disagreed.

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