Reliance Naval’s eligibility question holds up warship orders worth Rs 63,000 crore (Rs 630 billion)

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By Ajai Shukla

Business Standard, 27th Sept 18

Reliance Naval’s eligibility question holds up warship orders worth Rs 63,000 crore (Rs 630 billion)
The MoD is unable to decide whether to permit, or to disqualify, Reliance Naval from a clutch of impending tenders

On Wednesday, the defence ministry announced a contract for building two diving support vessels (DSVs) awarded to the defence public sector undertaking (DPSU), Hindustan Shipyard Ltd (HSL) for an estimated Rs 2,000 crore (Rs 20 billion).

Obscured by the fanfare around this relatively small order, warship building projects worth at least Rs 63,000 crore (Rs 630 billion) have ground to a standstill. In all these cases, the defence ministry has halted tendering in wait for a government decision on whether to allow, or to exclude, Anil Ambani’s shipbuilding firm – Reliance Naval and Engineering Ltd (RNAVAL) – from those contracts.

The navy has a major grouse with RNAVAL, which has failed to deliver five Naval Offshore Patrol Vessels (NOPVs), an order that Pipavav Shipyard won in 2011. It was to deliver the first NOPV in November 2014 and all five before November 2016. But, four years after the delivery date, not even the first NOPV has been handed over.

“For a similar infringement, the navy cancelled an order on ABG Shipyard, leading to its bankruptcy,” points out a shipbuilding industry executive.

The defence ministry is also undecided on allowing RNAVAL to bid in warship tenders because IDBI Bank – one of its biggest lenders -- has taken RNAVAL to the National Company Law Tribunal (NCLT), seeking debt resolution. An 18-member consortium of lenders has reportedly declined RNAVAL’s settlement offer for at least Rs 9,000 crore (Rs 90 billion) in outstanding loans. The NCLT is understood to have granted time till October 10 for resolution.

At least one lender – Vijaya Bank – has classifed its loan to RNAVAL as a non-performing asset. The company’s auditors, Pathak HD & Associates, have noted that cash losses, erosion of net worth, recalled loans and other adverse indicators “may cast significant doubt on the company’s ability to continue as a going concern.”

In the circumstances, RNAVAL’s presence has stalled a tender, worth an estimated Rs 20,000 crore (Rs 200 billion), for building four Landing Platform Docks (LPDs) in India – large vessels that carry helicopters, tanks and vehicles for amphibious landings, or for disaster relief.

In 2014, the navy issued a “request for proposals” (RFP) to three private shipyards: Larsen & Toubro (L&T), ABG and Reliance’s Pipavav shipyard, later renamed RNAVAL. The winner was to build two LPDs, with HSL nominated to build the other two. However, with ABG going bankrupt, a fresh RFP was issued in May 2017 to L&T and RNAVAL for building all four LPDs. Since then, action has stalled on the of whether RNAVAL is eligible. The bids still remain unopened.

“The LPD provides us an important capability. It will take minimum two years from RFP to contract signature and another three years to build the LPDs. So 2023 is the earliest we can get this capability”, says a senior navy admiral.

Worse, at least 42 vessels, urgently needed by the navy and coast guard, are facing similar or longer delays because the final list of eligible bidders is not finalised. There are no questions over the eligibility of the four DPSU shipyards – Mazagon Dock Ltd, Mumbai; Garden Reach Shipbuilders & Engineers, Kolkata; Goa Shipyard and HSL – and private shipbuilder L&T has demonstrated both engineering capability and shipyard capacity. However, one question is holding up the tendering: Is RNAVAL also eligible, given its building record and financial condition?

Sources in the navy say the 42 vessels lined up for tendering are: seven next-generation corvettes, six next generation missile vessels, six next generation OPVs, four multi-purpose support ships, three cadet training ships, five survey vessels and one survey training vessel. The coast guard is waiting to tender two pollution control vessels and eight fast patrol vessels.

Industry sources say the total value of the navy’s contracts would be at least 60,000 crore (Rs 600 billion). The coast guard vessels would require another 3,000 crore (Rs 30 billion).

Finally, the decision on RNAVAL’s eligibility will be crucial for the execution of Project 75I, to build six conventional submarines in India. The government is working on guidelines for choosing “strategic partners” for submarine building, based on technology transferred by a chosen foreign vendor.

The defence ministry and Reliance Defence did not respond to requests for comments on these issues.

On Tuesday, after clearing changes to the Defence Procurement Procedure (DPP), the defence ministry stated: “These measures will go a long way in obviating procedural delays and will hasten activities besides shrinking the procurement timelines giving due preference to indigenization.

However, private shipyards that have invested heavily in creating capacity for warship building, say their financial viability depends upon whether the order bottleneck can be resolved quickly. Central to that is a decision on RNAVAL’s eligibility.
 
By Ajai Shukla

Business Standard, 27th Sept 18

Reliance Naval’s eligibility question holds up warship orders worth Rs 63,000 crore (Rs 630 billion)
The MoD is unable to decide whether to permit, or to disqualify, Reliance Naval from a clutch of impending tenders

On Wednesday, the defence ministry announced a contract for building two diving support vessels (DSVs) awarded to the defence public sector undertaking (DPSU), Hindustan Shipyard Ltd (HSL) for an estimated Rs 2,000 crore (Rs 20 billion).

Obscured by the fanfare around this relatively small order, warship building projects worth at least Rs 63,000 crore (Rs 630 billion) have ground to a standstill. In all these cases, the defence ministry has halted tendering in wait for a government decision on whether to allow, or to exclude, Anil Ambani’s shipbuilding firm – Reliance Naval and Engineering Ltd (RNAVAL) – from those contracts.

The navy has a major grouse with RNAVAL, which has failed to deliver five Naval Offshore Patrol Vessels (NOPVs), an order that Pipavav Shipyard won in 2011. It was to deliver the first NOPV in November 2014 and all five before November 2016. But, four years after the delivery date, not even the first NOPV has been handed over.

“For a similar infringement, the navy cancelled an order on ABG Shipyard, leading to its bankruptcy,” points out a shipbuilding industry executive.

The defence ministry is also undecided on allowing RNAVAL to bid in warship tenders because IDBI Bank – one of its biggest lenders -- has taken RNAVAL to the National Company Law Tribunal (NCLT), seeking debt resolution. An 18-member consortium of lenders has reportedly declined RNAVAL’s settlement offer for at least Rs 9,000 crore (Rs 90 billion) in outstanding loans. The NCLT is understood to have granted time till October 10 for resolution.

At least one lender – Vijaya Bank – has classifed its loan to RNAVAL as a non-performing asset. The company’s auditors, Pathak HD & Associates, have noted that cash losses, erosion of net worth, recalled loans and other adverse indicators “may cast significant doubt on the company’s ability to continue as a going concern.”

In the circumstances, RNAVAL’s presence has stalled a tender, worth an estimated Rs 20,000 crore (Rs 200 billion), for building four Landing Platform Docks (LPDs) in India – large vessels that carry helicopters, tanks and vehicles for amphibious landings, or for disaster relief.

In 2014, the navy issued a “request for proposals” (RFP) to three private shipyards: Larsen & Toubro (L&T), ABG and Reliance’s Pipavav shipyard, later renamed RNAVAL. The winner was to build two LPDs, with HSL nominated to build the other two. However, with ABG going bankrupt, a fresh RFP was issued in May 2017 to L&T and RNAVAL for building all four LPDs. Since then, action has stalled on the of whether RNAVAL is eligible. The bids still remain unopened.

“The LPD provides us an important capability. It will take minimum two years from RFP to contract signature and another three years to build the LPDs. So 2023 is the earliest we can get this capability”, says a senior navy admiral.

Worse, at least 42 vessels, urgently needed by the navy and coast guard, are facing similar or longer delays because the final list of eligible bidders is not finalised. There are no questions over the eligibility of the four DPSU shipyards – Mazagon Dock Ltd, Mumbai; Garden Reach Shipbuilders & Engineers, Kolkata; Goa Shipyard and HSL – and private shipbuilder L&T has demonstrated both engineering capability and shipyard capacity. However, one question is holding up the tendering: Is RNAVAL also eligible, given its building record and financial condition?

Sources in the navy say the 42 vessels lined up for tendering are: seven next-generation corvettes, six next generation missile vessels, six next generation OPVs, four multi-purpose support ships, three cadet training ships, five survey vessels and one survey training vessel. The coast guard is waiting to tender two pollution control vessels and eight fast patrol vessels.

Industry sources say the total value of the navy’s contracts would be at least 60,000 crore (Rs 600 billion). The coast guard vessels would require another 3,000 crore (Rs 30 billion).

Finally, the decision on RNAVAL’s eligibility will be crucial for the execution of Project 75I, to build six conventional submarines in India. The government is working on guidelines for choosing “strategic partners” for submarine building, based on technology transferred by a chosen foreign vendor.

The defence ministry and Reliance Defence did not respond to requests for comments on these issues.

On Tuesday, after clearing changes to the Defence Procurement Procedure (DPP), the defence ministry stated: “These measures will go a long way in obviating procedural delays and will hasten activities besides shrinking the procurement timelines giving due preference to indigenization.

However, private shipyards that have invested heavily in creating capacity for warship building, say their financial viability depends upon whether the order bottleneck can be resolved quickly. Central to that is a decision on RNAVAL’s eligibility.
The more IN stalls, the more suspicion that the IN is succumbing to pressure from the PMO to treat Reliance with kid gloves gains currency. If Modi doesn't act fast to cut off Reliance which is proving to be a millstone around his neck, he's asking for big time trouble apart from jeopardizing IN's modernisation & expansion plans.
 
The more IN stalls, the more suspicion that the IN is succumbing to pressure from the PMO to treat Reliance with kid gloves gains currency. If Modi doesn't act fast to cut off Reliance which is proving to be a millstone around his neck, he's asking for big time trouble apart from jeopardizing IN's modernisation & expansion plans.

The solution to ADAG fiasco lies with FM instead of MoD. A little nudge from FM to banks to take RNEL to the cleaners would significantly help out the navy.
 
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The solution to ADAG fiasco lies with FM instead of MoD. A little nudge from FM to banks to take RNEL to the cleaners would significantly help out the navy.
Well, the article clearly mentions that one of the lending banks had already moved the bankruptcy tribunal. Probably, MoD / IN's waiting for the verdict.
 
Well, the article clearly mentions that one of the lending banks had already moved the bankruptcy tribunal. Probably, MoD / IN's waiting for the verdict.
IDBI was going through it's LIC woes, and now Vijaya is in merger. The problem is IDBI 's major stake holder is LIC and Rinfa, the parent company of RNEL also has LIC as stake holder. I am not sure if IDBI will go through the liquidation of RNEL assets for debt recovery.
Vijaya on the other hand is another story, especially with Vijaya's mgmgt upgrade, they might be able to put RNEL out of it's misery.
 
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The more IN stalls, the more suspicion that the IN is succumbing to pressure from the PMO to treat Reliance with kid gloves gains currency. If Modi doesn't act fast to cut off Reliance which is proving to be a millstone around his neck, he's asking for big time trouble apart from jeopardizing IN's modernisation & expansion plans.

The govt should treat the two companies fairly. It shouldn't be a political decision, but kicking Rel out of the process should be done by the book. Hanky panky in process will lead to a major loss of reputation to all parties involved, including the country, since it's a global deal.
 
The govt should treat the two companies fairly. It shouldn't be a political decision, but kicking Rel out of the process should be done by the book. Hanky panky in process will lead to a major loss of reputation to all parties involved, including the country, since it's a global deal.
The company & the group's bankrupt. They haven't lived up to their earlier commitments for which the IN has already penalised ABG in a similar situation. What more do you want?

The only reason I see the PMO restraining the IN is coz blacklisting RNaval now would have a fallout on DRAL.

In my opinion the best way forward would be for the PMO to pursuade RNaval to withdraw from the LPD tender, if it's possible to do so at this stage.
 
Forget the larger ships, where are the OPV's?
PSG had an answer to that - according to him - BEL have yet to deliver the Command/surveillance systems on board - thus delaying the NOPV fitments

But due to some yellow journalism - Reliance is getting the blame
 
PSG had an answer to that - according to him - BEL have yet to deliver the Command/surveillance systems on board - thus delaying the NOPV fitments

But due to some yellow journalism - Reliance is getting the blame
It could also be argued that BEL is witholding shipment because of apprehensions that RNaval may not live up to its financial commitments. After all they haven't paid scores of their vendors for previous supplies.
 
It could also be argued that BEL is witholding shipment because of apprehensions that RNaval may not live up to its financial commitments. After all they haven't paid scores of their vendors for previous supplies.
huh? which in turn is holding indirectly the IN to ransom! ? really??? sorry don't buy that!
 
huh? which in turn is holding indirectly the IN to ransom! ? really??? sorry don't buy that!
For IN, the buck stops with RNaval. For they are the sole contractors. All liabilities ought to rest with RNaval as part of the contract. While BEL make systems must have been recommended as part of the tech specs of the tender by IN, the procurement, integration, commissioning and consequently payment for such systems rests with RNaval.

I've already given possible reason as to why BEL may have witheld shipment & there's nothing IN can do about it to BEL unless IN wishes to revisit the tender, take up onerous responsibility of all the vendors of RNaval and only pay RNaval for construction of the ship.

While this happens in EPC contracts in the pvt sector under extra ordinary circumstances when the said EPC contractor is unable to meet his financial obligations to the respective vendors, the client steps in to oversee procurement and consequent financial obligations while the EPC contractor is tasked exclusively with integration & commissioning the said systems, I have strong doubts as to whether defence related contracts under the MoD can be as flexible due to obvious reasons.
 
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The company & the group's bankrupt. They haven't lived up to their earlier commitments for which the IN has already penalised ABG in a similar situation. What more do you want?

DPSUs are almost always like that. Not even one DPSU has ever lived up to its commitment.

And they always get handed deals to save their behinds.

Here's an example:
India in mission mode to save Philippines navy deal

The only reason I see the PMO restraining the IN is coz blacklisting RNaval now would have a fallout on DRAL.

If RNEL is kicked out of the LHD process, it won't have any bearing on DRAL. It's irrelevant.

The point is if the navy needs their LHDs in time, RNEL has to continue to be part of the process, or it will have to be started against from scratch since it will become a single vendor situation.

If RNEL stays, then L&T can be announced the winner, and we will have the Juan Carlos in our fleet. Of course, there's a good chance RNEL's bid is cheaper and they could win, but their ability to deliver can be questioned. Do you see how sticky this situation is?

In my opinion the best way forward would be for the PMO to pursuade RNaval to withdraw from the LPD tender, if it's possible to do so at this stage.

Then the tender will fall apart, and has to start again, like MMRCA 2.0.
 
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It could also be argued that BEL is witholding shipment because of apprehensions that RNaval may not live up to its financial commitments. After all they haven't paid scores of their vendors for previous supplies.

The main delay came because the Russians backed out. And RNEL had to choose a new partner with a new design, and then get the design approved by the navy.

Overall, this deal was done by Pipavav, when Reliance was not a stakeholder. Reliance came in only in 2015, so they are in the crosshairs for literally nothing.

And since then, 2 ships have been launched already.
First_Two_NOPVs_Shachi_and_Shruti_launched_by_RDEL_at_Pipavav%2C_Gujarat_%283%29.jpg


If this happened under a DPSU, you wouldn't even see the ships like the above today.
 
For IN, the buck stops with RNaval. For they are the sole contractors. All liabilities ought to rest with RNaval as part of the contract. While BEL make systems must have been recommended as part of the tech specs of the tender by IN, the procurement, integration, commissioning and consequently payment for such systems rests with RNaval.

I've already given possible reason as to why BEL may have witheld shipment & there's nothing IN can do about it to BEL unless IN wishes to revisit the tender, take up onerous responsibility of all the vendors of RNaval and only pay RNaval for construction of the ship.

While this happens in EPC contracts in the pvt sector under extra ordinary circumstances when the said EPC contractor is unable to meet his financial obligations to the respective vendors, the client steps in to oversee procurement and consequent financial obligations while the EPC contractor is tasked exclusively with integration & commissioning the said systems, I have strong doubts as to whether defence related contracts under the MoD can be as flexible due to obvious reasons.
Well, that is something one has to see in the clauses/ agreement of this project yes? where is it up to Reliance to procurement said systems? or are they just supply labour for integration?

Second, Just because other vendors are not getting paid (pls provide info on this ) - this doesn't mean BEL has to withhold supply - there is NO BON HOMME among vendors. Thus I still don't buy your reasoning! + BEL is a DPSU - they can be literally be pulled up by MoD for such actions no?
 
The main delay came because the Russians backed out. And RNEL had to choose a new partner with a new design, and then get the design approved by the navy.

Overall, this deal was done by Pipavav, when Reliance was not a stakeholder. Reliance came in only in 2015, so they are in the crosshairs for literally nothing.

And since then, 2 ships have been launched already.
First_Two_NOPVs_Shachi_and_Shruti_launched_by_RDEL_at_Pipavav%2C_Gujarat_%283%29.jpg


If this happened under a DPSU, you wouldn't even see the ships like the above today.

My answer was based on a supposition by a fellow member Guardian Red who quoted PKS. I'm neither privy to the what's the real issue nor have I come across any literature stating the real reasons behind the delay. Hence, I'd take your word for it.

Having said that, Reliance cannot wash it's hands off just because they weren't involved in the deals signed by their predecessor. Taking full management control of any enterprise also entails taking responsibility for all its assets, liabilities & actions.


I think we ought to rid ourselves of the fallacy that just because DPSU's functioned in a totally arbitrary & unprofessional manner, we ought to excuse the Pvt Sector too. I thought thanks to the prevailing attitude of the DPSU's , that's one of the reasons the incumbent GoI is promoting pvt defence contractors to begin with.