Wednesday, October 10, 2018

AHTC's previous managing agent CPG also had conflict of interest, defence suggests
Read more at https://www.channelnewsasia.com/news/singapore/workers-party-ahtc-managing-agent-conflict-of-interest-cpg-fmss-10808120

 (Updated: )
Ricky Lim
Let us analyse objectively - Defense "suggested" conflict of interest with CPG as managing agent in 3 scenarios :-

(1) CPG FM Consultant - appointed as managing agent by AMK Town Council. (Is this "perceived" conflict of interest or "real" conflict of interest?)

(2) CPG FM Consultant - continued as managing agent by Aljunied Town Council for 2 years. (Is this "perceived" conflict of interest or "real" conflict of interest?)

(3) FMSS FM Consultant - appointed as managing agent by Aljunied Town Council. FMSS FM consultant as managing agent recommend or source FM solutions from FMSI as solution providers which lead to FMSI as the successful contractors.
(Is this "perceived" conflict of interest or "real" conflict of interest?)
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Ricky Lim
Scenario 1 - AMK town council award to CPG FM consultant as AMK town council managing agent. Is there a conflict of interest?

(1) If AMK town council appoint CPG FM consultant as AMK town council managing agent to assist AMK town council --- there is no conflict of interest.

(2) Does CPG FM consultant acting as AMK town council managing agent - award any FM services or solution to CPG?
If yes - there is conflict of interest.
If no - there is no conflict of interest.

Based on what I know, CPG only provide FM consultancy services - but does not provide FM solutions and maintenance.

Thus in AMK Town Council case - CPG FM Consultant as AMK Town Council managing agent --- has no real conflict of interest.

(Unless otherwise - someone have proprietary info. point to the contrary that CPG consultant acting as managing agent for AMK town council - suggest, recommend or award FM contract solutions or services to CPG --- if this is the case --- there is conflict of interest and contravene the Town Council Act).
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Ricky Lim
Scenario 2 - Aljunied town council continue to use CPG FM consultant as Aljunied town council managing agent for the next 2 years until its contract finished. Is there a conflict of interest?

(1) If Aljunied town council continue to appoint CPG FM consultant as Aljunied town council managing agent to assist Aljunied town council --- there is no conflict of interest.

(2) Does CPG FM consultant acting as Aljunied town council managing agent - award any FM services or solution to CPG?
If yes - there is conflict of interest.
If no - there is no conflict of interest.

Based on what I know, CPG only provide FM consultancy services - but does not provide FM solutions and maintenance.

Thus in Aljunied Town Council case - CPG FM Consultant as Aljunied Town Council managing agent --- has no real conflict of interest.

(Unless otherwise - someone have proprietary info. point to the contrary that CPG consultant acting as managing agent for Aljunied town council - suggest, recommend or award FM contract solutions or services to CPG --- if this is the case --- there is conflict of interest and contravene the Town Council Act).

(3) If CPG consultant is the managing agent for Aljunied Town Council and CPG consultant is also the managing agent for AMK Town Council --- is there a conflict of interest?

Not really, because CPG consultant is a legal enterprise that can work for different customers (even the customers can be competitors).
For eg. Microsoft can sell OS software or work as cloud providers to AMK town council and also to Aljunied town council --- with no conflict of interest.
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Ricky Lim
Scenario 3a - FMSS FM Consultant - appointed as managing agent by Aljunied Town Council. Is there a conflict of interest?

(1) The answer is "NO" as long as FMSS working as managing agent for Aljunied Town Council - does not source for FM services and solutions to FMSS or any corporate entities that belong to FMSS.

Scenario 3b - FMSS FM consultant as managing agent recommend or source FM solutions from FMSS corporate entity - eg. in this case, FMSI as solution providers which lead to FMSI as the successful contractors.
(YES, there is REAL CONFLICT OF INTEREST)

- because the owner of FMSS also own FMSI - FMSS working as managing agent of Aljunied Town Council - rightfully should not recommend or source solutions from FMSS corporate entity or associates such as FMSI in which FMSI owners is also the owners of FMSS.
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