DHAKA: A special assistant to chief adviser Dr Muhammad Yunus is pressing for a controversial 5G infrastructure project, despite an active investigation by the Anti-Corruption Commission into alleged legal violations in the tender process.
Faiz Ahmad Taiyeb, who took charge on March 5 with executive powers over the telecom ministry, requested the ACC to facilitate the project and asked the state-owned BTCL - the implementing agency - to proceed with equipment purchase, according to documents seen by The Daily Star.
This intervention has sparked concerns over conflict of interest, disregard for procurement law and a revival of past practices of executive interference in state contracts.
In the letter dated June 22, 2025, Taiyeb told the ACC chairman, "It is imperative to continue the activities of the project titled 'Development of Optical Fibre Transmission Network of BTCL for 5G Readiness' in national interest, and also to prevent delays in 5G readiness, avert technological setbacks for BTCL, ensure ADP implementation rate and operationalise equipment installed under a related BTCL project."
He further argued that Huawei, the supplier of 5G equipment, is among the world's leading companies in the sector, and private transmission companies in Bangladesh are already using these devices.
Taiyeb's meddling in the BTCL project goes against Rule 11 of the Public Procurement Rules 2008, which says the company's board is the highest authority to make decisions on contract-related issues.
Asked, Taiyeb said, "We didn't give any instruction or directive to the ACC. Since Tk 2.9 billion (US$23.8 million) had already been spent during the past government's tenure through an irrevocable LC [letter of credit], and given the low possibility of recovering the funds through a legal battle with a Chinese tech giant, we are trying to move forward with the project."
He further said it was necessary to act, as another BTCL project, linked to the procurement of 5G equipment, has become non-functional due to the delay. Moreover, the US dollar appreciated by 40 per cent against the taka.
"ACC verbally requested written communication. Based on that, we sent a letter stating that the funds had already been spent and that the corruption allegations originated during the previous administration.
"We urged the ACC to investigate and take appropriate action against those involved in graft during that period. We also requested delivery of the equipment for which payment had already been made," Taiyeb said in a voice message to The Daily Star.
He also said the ongoing probe into the allegations against a former secretary and the then minister - particularly their attempts to influence the tender process - must continue under the legal framework.
"Our initiative is aimed at saving a state-owned company and ensuring that the funds disbursed from its accounts are effectively utilised. There is no other motive behind this."
Approved by ECNEC in February 2022, the Tk 1,059-crore project aims to prepare the country for a 5G rollout. Of the total budget, Tk 463 crore was allocated for buying equipment. In November 2023, Chinese telecom giant Huawei was awarded the controversial tender as the lowest bidder at Tk 326 crore.
The original controversy was that the project's technical evaluation committee declared all bidders as qualified, even though none met the full technical specifications required by the tender. According to the public procurement rules, any bid that is not fully compliant must be rejected before financial offers are considered.
Bidders, as The Daily Star previously reported on December 3, 2023, were given less than 48 hours' notice before financial offers were opened, a deviation from the standard seven-day notice period required by the tender's "Instructions to Tenderers". This prevented at least one bidder from having its authorised representative present.
And the notification of award was issued to Huawei with unusual speed amid allegations of interference from high-level officials at the Posts and Telecommunications Division.
Following the Awami League government's fall, ACC launched a probe into alleged irregularities and found primary evidence of violations of public procurement law.
In a letter dated June 18, the ACC conveyed its concerns to the telecom ministry and Bangladesh Telecommunications Company Limited (BTCL).
"The ACC investigation team has already found preliminary evidence of violations/breaches of Public Procurement Act (PPA) 2006 and Public Procurement Rules (PPR) 2008 in the procurement process under discussion," said the letter signed by the then ACC secretary Khorsheda Yasmeen.
"Under such circumstances, proceeding with the remaining procurement activities may constitute a legal violation, and the related expenditure is likely to be deemed unlawful," it read.
Despite the ACC's objections, Taiyeb, who holds the rank of state minister, sought the commission's cooperation to allow the project to proceed. He had earlier visited the ACC office on April 13.
In the June-22 letter to the ACC chief, Taiyeb said it was not possible to conduct the Factory Pre-Acceptance Test (FPAT) - a mandatory step to ensure that the procured devices meet technical specifications before shipment - as the Chief Adviser's Office issued a circular on March 23, prohibiting foreign visits funded by suppliers or contractors.
However, the circular in question was a continuation of a previous one dated December 9, 2024, which said relevant technical experts may travel abroad for procurement purposes, including FPAT and pre-shipment inspections.
What Taiyeb's letter didn't mention was that the telecom ministry did try to obtain the Chief Adviser's Office's approval for FPAT but its proposal was rejected, according to a telecom ministry letter sent to BTCL on May 13.
Meanwhile, the telecom ministry wrote to BTCL on May 25, referring to Taiyeb's directives regarding the shipment of 5G equipment from China.
Citing instructions from Taiyeb, the letter signed by a deputy secretary told BTCL that the equipment be shipped from China, mentioning that a Subject Matter Expert team would later verify its compatibility with 5G standards and assess service viability for 12 years.
Vouching for Huawei, the letter said the government would benefit from the shipment of 5G equipment.
Md Monjir Ahmed, project director of 5G Readiness Project by BTCL, forwarded the letter to Huawei.
Asked, he claimed that forwarding the ministry letter to Huawei was not in violation of the law as the evaluation process of the tender had already ended.
In October last year, the BTCL board at a meeting decided to form a four-member committee to investigate irregularities in the project's tender process.
Later, the committee submitted the report, identifying a host of anomalies and recommending a further probe by the appropriate authority.
The BTCL board on January 6 decided to forward the report to the ACC but it was not immediately dispatched.
On information from a government agency, ACC decided to investigate the alleged irregularities in the project and formed a five-member committee on May 9. It received the BTCL committee's probe report only after the launch of its own investigation.
Regarding the controversy-mired project, Iftekharuzzaman, executive director of Transparency International Bangladesh (TIB), said that neither the chief adviser's special assistant nor BTCL has the authority to interfere in a project currently under ACC investigation.
"This is unacceptable," he said, stressing the need to conduct a proper cost-benefit analysis.
Referring to the special assistant's letter to the ACC chief, he said, "This is a clear conflict of interest, which a top government official should have avoided -- especially someone who is part of a government leading institutional reforms."
Such actions resemble the kleptocratic practices of the past autocratic regime, where conflict of interest was a defining feature, he said.
He urged the government to conduct a fully independent review of the entire project before making any decisions. - The Daily Star/ANN
