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  1. 1. WORKS Speaker:Speaker: A. K. GUPTA Executive Engineer (Vigilance) Mandi House, New Delhi
  2. 2. OUTLINE WORKS GFR Provisions CPWD Works Procedure Role of Divisional Accountant Works Accounts, Books and Forms Suspension of Work Disputes and Arbitration International contracts Integrity Pact E-Tendering CVC Guidelines Illustrations Estimates NITs Accounts Contract Document
  3. 3. WORKS Site preparation, construction, reconstruction, demolition, repair, maintenance, or renovation of: Buildings, installations or other structures Railways, roads, highways, ports, airports or other infrastructures Any construction project or any construction work relating to excavation, drilling, installation of equipment and materials, Services incidental or consequential to the work
  4. 4. GOODS All articles, materials, commodities, livestock, furniture, fixture, raw materials, spares, instruments, machinery, equipment, industrial, plant - for use of Government. Excludes, books publications, periodicals.
  5. 5. SERVICE Includes physical, maintenance, professional, intellectual, consultancy and advisory services. Other than procurement of goods or works. Does not include appointment of any individual made under any law.
  6. 6. PROCUREMENT Acquisition by purchase, lease, license or otherwise of goods, works or services or any combination thereof, including award of Public Private Partnership projects, by a procuring entity- Directly or through an agency with which a contract for procurement services is entered into Does not include acquisition of goods, works or services without consideration.
  7. 7. ORIGINAL WORKS New Construction Additions & Alterations to existing works Special repairs to newly purchased or previously abandoned buildings or structures Remodeling or replacement
  8. 8. REPAIR WORK Maintain building or fixtures
  9. 9. ADMINISTRATIVE CONTROL OF WORK (RULE 124) Responsibility for construction, maintenance and upkeep. Paper utilization of buildings and allied works. Provision of funds for execution
  10. 10. POWER TO SANCTION WORKS (RULE-125) Powers to accord AA & ES Re-appropriation As per DFPR – 1978 To various subordinate authorities.
  11. 11. EXECUTION OF WORKS (RULE-126) Ministry/Department directly take up Repairs upto Rs. 30.00 lacs. Assign repair works above Rs. 30.00 lacs and original work of any value to any public works organizations (state PWD, CPWD, MES, BRO, civil wing of MI&B ). Alternatively to any PSU, central, other state govt as notified by the MOUD .COMPETITION among PSUs wrt lump sum charges,
  12. 12. ADMINISTRATIVE CONTROL OF CPWD Works not specifically allotted to any Ministry/Department. Included in Grants for Civil works to be administrated by CPWD. No partly funding.
  13. 13. GENERAL RULES 128 Ministry/Department shall generally observe GFR Detailed rules, order, may be framed by Departments. Initiation, Authorization & Execution.
  14. 14. RULE 129 (i) Rule 129 (i) No work shall be commenced liability incurred until: AA accorded by CA ES by CA Properly detailed design sanctioned Estimates prepared & sanctioned Funds provided during the year Tenders invited & processed. Work order issued.
  15. 15. RULE 129 (ii) If not done as per rule 129 (i) obtain approval of competent authority Inform concerned Accounts officer.
  16. 16. RULE 130 Groups of works dependent on one-another forms one project. Obtain approval of the competent authority on the basis of cost of project. Lower authority will not give sanction Not applicable for similar works independent of each other.
  17. 17. RULE 131 Savings not to be used for additional works not contemplated in the original project.
  18. 18. RULE - 132 Procedures to be prescribed by the Departments in consultation with Account officer. Preparation of detailed design & estimates AA & ES. Open tenders for works 5 lacs to 10 lacs Limited tenders < 5 lacs A ward of works & execution of contract Final payment on certificate of completion by the executing officer: As per specifications Workmanship upto standards of indusrtry.
  19. 19. RULE - 133 PWD/CPWD execute work only when AA & ES provided by the Department. Funds provided
  20. 20. RULE - 134 REVIEW OF PROJECT: For projects > 10 crores. Project reviewed:  Administrative Department  Internal Finance Wing  Executing Agency Approve variation upto 10%
  21. 21. CLASSIFICATION AS PER FUNDING OF WORKS BUDGETED WORKS: Undertaken from the financial estimates and accounts of the Union of India. Voted by both the Houses of Parliament. • DEPOSIT WORKS: Undertaken at the discretion of the department. Government grants to autonomous or semi- autonomous bodies. Institutions through their Administrative Ministries.
  22. 22. EMERGENCY WORKS Sudden and are inescapable requiring immediate action cannot brook any delay.  Earth quakes  Blizzards  Hurricanes/lightening  Tornados  Tsunami waves  Floods  Explosions/Arson  Firs  War  In case of emergency, the work may be executed in absence of any or all of the above mentioned pre-requisites. Competent authority to regularize the liability as early as possible.
  23. 23. URGENT WORKS Those kinds of works which requires fast start/completion within compressed schedule.  are to be taken up on top most priority . availability of funds needs to be ensured beforetaking the work.  at request of user department, with prior in principle approval of CPWD officers to approve the work order, if work is to be executed through work order.  Chief Engineer to approve the execution of urgent works.
  24. 24. ADMINISTRATIVE APPROVAL Administrative approval is the communication of formal acceptance of the proposals by the competent authority of the Administrative Ministry/Department requiring the work. Accord of administrative approval: The concurrence of the competent authority to the Preliminary Estimate of the work. Powers for accord of administrative approval: Various Ministries/Authorities delegated specific powers to accord administrative approval.
  25. 25. ADMINISTRATIVE APPROVAL Material deviations over original Sanctioned Scheme: Material deviations should not be made without the approval of the authority even though the cost of the same may be covered by savings on other items. Excess over administrative approval: Excess up to 10% of the amount by officers of the CPWD. In case it revised administrative approval.
  26. 26. Expenditure sanction Expenditure sanction: Expenditure sanction is to be accorded by Ministry which ensure funds for the project/work have provided, liability can be incurred. Order of appropriation re-appropriation of funds on minor works. Powers for accord of expenditure sanction: Ministries/Departments of the Central Government may issue expenditure. Administrative control of National Capital Territory of Delhi by the Lt. Governor, Delhi after concurrence of delhi state division of finance ministry. Excess over expenditure sanction: Expenditure sanction can be exceeded upto 10%, beyond which revised sanction of Expenditure.
  27. 27. TECHNICAL SANCTION  Technical sanction amounts to a guarantee that the proposals are technically sound, estimates are accurately prepared based on adequate data.  Accord of technical sanction:  Detailed estimates are required to be prepared for technical sanction.  Before an estimate is technically sanctioned, the following shall be desirable:  Detailed architectural drawings and specifications.  Preliminary structural drawings for foundations.  Preliminary structural drawings of superstructure at least upto slab at level 2  Preliminary drawings for internal and external services.  In case of work for design and construct basis. Details functional requirement and complete specifications including preliminary drawings finalized before the call of tenders.  Detailed estimate shall be prepared based on applicable schedule of rates.  Deviation in Technical Sanction:  Can be exceeded upto 10% beyond which  Material structural alterations , orders of the authority which sanctioned necessary
  28. 28. PRE-CONSTRUCTION AND CONSTRUCTION STAGES 1) Pre-construction stage: i) Requisition from the client. ii) Approval of the preliminary plans by the client. iii) Preparation of preliminary estimate. iv) Approval of plans by the Local Bodies. v) Preparation of detailed working drawings. vi) Preparation of detailed estimates for buildings and all services (civil, electrical and mechanical). vii) Preparation of structural drawings. viii)Call of tenders and pre-bid conference wherever applicable. ix) Decision on tender and award of work.
  29. 29. Construction stage 2) Construction stage: i) Execution of work and contract management. ii) Completion of work. iii) Testing and commissioning. iv) Completion certificate from Local Body including fire clearance. v) Handing over to client. vi) Settlement of account.
  30. 30. PREPARATION OF ESTIMATES Preliminary Estimate:  Preliminary estimate is to be on plinth area or length of road etc.basis  On the basis of the preliminary drawings and specification prepared.  Provisions as required. Provision for contingencies and its utilization:  In addition to the provision for all expenditure can be foreseen for a work, contingency shall be kept as follows:  Estimated cost up to Rs. 1 crore………. 5%.  Estimated cost more than Rs. 1 crore .. 3%, subject to minimum of Rs. 5 lakh.  Cover the cost of work-charged establishment
  31. 31. SCHEDULE OF RATES To facilitate the preparation of estimates, as a guide in settling rates in connection with contract agreements, a schedule of rates for each kind of wok commonly executed should be maintained up-to-date in the Department. The rates prevailing in each station and necessary analysis. The schedule of Rates for Delhi shall be issued under the authority of DG, CPWD. Work of flyovers, bridges, grade separators and highways/hill, major roads are involved, MORTH specifications and its standard data. In analysis of rates, the prevailing market rates at the work shall be adopted.
  32. 32. SUPPLEMENTARY ESTIMATE Any development that is thought necessary while a work is in progress. Not covered in the original estimate. May be covered by a supplementary estimate. Revised Estimate Excess beyond permissible variation over the estimate.
  33. 33. CONTRACT Offer made by one person – Promisor. Acceptance of an offer – Promisee. Doing an act by promisor for promisee – consideration Lawful offer and acceptance Offer and acceptance constitute an agreement. An agreement enforceable by law becomes Contract.
  34. 34. AGREEMENT A proposal Communication of proposal Communication of acceptance of proposal Offer may be revoked before acceptance Acceptance may be revoked before it is posted. Contract springs up once the offer is accepted.
  35. 35. DIFFERENT FORMS OF CPWD Form 6 – NIT Form 7 – Percentage rate tender Form 8 – item rate tender Form 9 – supply of material Form 10 – Piecework: i) For work less than Rs. 5 lakhs ii) Where it is necessary to start the work in anticipation of formal acceptance iii) or running contracts.
  36. 36. WORK ORDER CPWD Form 11 – i) Used for work up to Rs. 10 lakhs. ii) Work awarded on this form may be stopped any time by both parties. CPWD Form 11 A- i) Small works costing up to Rs. 10 lakhs ii)The contractor is bound to execute specified work in stipulated time.
  37. 37. LUMP SUM CONTRACT Contractor is required to quote lump sum amount for completing the work in stipulated time. Detailed working drawings (Architecture and structural) part of tender documents. Detailed specification in tenders. Drawings and detailed specifications form basis of payments. Payment as per mile stones
  38. 38. LUMP SUM CONTRACT (Design and Construction) Contractor to give design: i) Two bid system to be adopted. ii)All data, requirements, specifications preliminary drawings forms the tender documents. iii)Technical bid – contain the architecture plans, structural design calculations, structural drawings, service plans, detailed measurement sheets. iv)Technical bids to be evaluated by a committee. v) Committee to seek clarifications if required through pre-bid conference. vi)Equalizing the bids vii)Offer for revising the price bid viii)Opening the price bid
  39. 39. AWARD OF WORK WITHOUT TENDERS For works below Rs. 50,000/- Reasons to be given Work awarded after calling quotations Publicity may be given through web Spot quotations may be collected as per situation Total amount of the works awarded without call to tender in a year should not exceeds the limit prescribed.
  40. 40. TENDER DOCUMENTS DESIRABLE : Availability of site, funds, local body approval. Available of departmental issued materials Structural drawings for foundation Lay out plans • DOCUMENTS: NIT Special conditions, additional conditions. Schedule of quantities Drawings and specifications Complete scope of works
  41. 41. DEPARTMENTAL ISSUED MATERIAL Not to be issued free of costs/issue rates to be specified Description of materials to be given Place of issue Notice to be given for return the materials Recovery of stipulated material beyond permissible variation.
  42. 42. NIT Issue after authorized by TS sanctioning authority Use standard forms Eligibility criteria clear and unambiguous Estimated cost and time of completion mentioned Use of symbols not desirable, units more specific Corrections should be attested. All pages numbered, clear, legible and unambiguous. Correction slips mentioned No condition for inspection of material etc. inside/outside the country at contractor’s cost. Permission of Ministry for inspection abroad
  43. 43. VALIDITY PERIOD From date of opening of tender to acceptance For single bids EE – 30 Days SE – 45 Days CE – 60 Days ADG/DG/CWB – 90 Days
  44. 44. SPECILIZED WORK Those required special T&P and skill Tenders on two bid/three bids system STEPS: Approval of definition of similar work Approval of eligible contractors Approval of technical specifications Revision of financial bids Acceptance of financial bids
  45. 45. ELIGIBILITY CRITERIA Experience of having successfully completed works during last seven years. i) Three similar works not less than 40% of the estimated cost or ii)Two similar works not less than 60% of the estimated cost or iii)One similar work of not less than 80 % of the estimated cost
  46. 46. ELIGIBILITY CRITERIA FOR DG SET: i) Three similar works not less than 40% of estimated cost and having capacity 80% of the equipments or ii)Two works not less than 60% of estimated cost and having capacity 80% of the equipments iii)works not less than 80% of estimated cost and having capacity 80% of the equipments
  47. 47. SPECILIZED WORK CONTINUES Three bid system: Pre-bid conference for clearing doubts. 1st bid - Examine the documents relating to eligibility criteria and approve the eligible contractor. 2nd bid – open bid for technical specifications and asses technically qualified bidders. Technical and financial bid may be called simultaneously or Financial bids may be called from technically qualified contractors or revised financial bid may be called if revision in specifications after technical bid. 3rd bid – financial bid. Guarantee bonds required in case of water proofing/anti- termite works etc.
  48. 48. EARNEST MONEY To ensure that a tenderer does not back out of his tender before or after acceptance. To be deposited with the tender as specified 2% of the estimated cost up to estimated cost of 10 crores 20 lakhs + 1% of the estimated cost in excess of Rs. 10 crores. Cash upto Rs. 10,000/-, Bankers Cheques, DD, FD and Bank Guarantee (minimum 6 months) Earnest money is not security deposit with in meaning of Rule, 45 of the saving Bank Rules.
  49. 49. FORFEITURE OF EARNEST MONEY If tenderer withdraws tender before the expiry of the validity period, 50% forfeited Contractor fails to furnish performance guarantee within prescribed period, fully forfeited. In case of forfeiture, tenderer not to participate on re- tendering.
  50. 50. AWARD OF WORK Receipt of tenders Witnessing the opening of tenders Marking corrections, omissions Preparation of comparative statements Responsibility of Divisional Accountant: Safe custody of tenders in accounts branch Checking the computation of tenders Correctness of the comparative statements Furnishing of certificate of correctness
  51. 51. AWARD OF WORK Resolving ambiguities: Difference in rates written in words and figures, rate corresponding to amount is taken correct. If amount is not worked out, rate in words taken correct Rate in words and figures tallies but not with the amount, rate is taken as correct In percentage rate tenders, tender percentage to be taken correct
  52. 52. AWARD OF WORK Processing tenders: Timely processing Tenders with conditional rebates to be rejected If validity expires, seek extension of validity for contractors Reasonability and competitiveness of the rates, variation up to 5% over justified rates Revised expenditure sanction if tender amount more than 10% of TS, seek assurance from the competent authority
  53. 53. AWARD OF WORK Conducting negotiations: Negotiations should not normally be conducted with the tenderer Where it becomes necessary, restricted only to the lowest tenderer. Negotiations on rates with the approval of next higher authority in works of urgent nature where time is not available for recall For clarification of any error/ambiguity Higher rates on recall
  54. 54. AWARD OF WORK Communication of acceptance: Communicate to the contractor and ask submission of PG On submission of PG, intimation for commencement of work Also intimate, ALC, Conciliation Officer, ITO, Labour officer Unsuccessful tenderers may be informed about rejection
  55. 55. PERFORMANCE GUARANTEE After award of work for performance of contract 5% of tendered amount Cash, Deposit at call receipt, Banker’s cheque, demand draft, valid upt to date of completion, extended period + 2 months It should be returned after stipulated period Contracts involved maintenance 50% PG will be retained. Failure to extend guarantee, the E-in-C may claim full PG. If contract is determined/rescinded, PG will be forfeited in full.
  56. 56. SECURITY DEPOSIT After completion of work 2.5% of the gross Amount of each running bill Total 2.5% of tendered amount Contractor may encash SD by giving government securities, FDR Released on furnishing BG on accumulation of minimum 5 lacs BG should be minimum of Rs. 5 lacs For maintenance 50% PG is treated as SD, released yearwise proportionately.
  57. 57. E-TENDERING E-tendering platform hosted by M/s ITI Ltd. With address All the authorized officers and contractors to obtain digital signature certificates from authorized certifying authorities like NIC, MTNL, e-Mudhra, TCS, Safesrypt, GNFC etc. EE will upload NIT specifying the time and date of submission, opening, list of document to be scanned and uploaded.
  58. 58. E-TENDERING Documents to be scanned and uploaded Document of EMD Enlistment/registration of contractors Certificate of work experience Affidavit as prescribed in NIT for financial turnover Certificates of VAT & Sale Tax registration An undertaking that physical EMD will be deposited when required failing which tenderer will be debarred.
  59. 59. E-TENDERING Depositing of processing fee online Contractor must ensure to quote rate for each item. The column appears in pink color, it turns blue on filling the rate. Any cell left blank is treated 0 (zero) Contractor can re-submit revised bid any number of times before last date of submissions. In case of revised financial bid contractor has to revise financial bid failing which bid becomes invalid.
  60. 60. Processing of E-TENDERING Three bid system: Documents relating to eligibility are opened and eligible contractor approved.  open technical bids and finalize specifications and if required call revised financial bid All contractors would be informed through e-mail to revise financial bid. Revised financial bid to be submitted by eligible contractors. Revised financial bid will be opened on due date
  61. 61. Processing of e-tendereing Bids will be opened by authorized officer, he can also authorize other officer in case leave. Download SOQ of each bidder and comparative statement Contractor can login and see the bid opening process and comparative statements The officer will sign on each page, name of contractor will be printed each sheet and also the page number and total pages Full bid of L1 is to be downloaded The comparative statement is generated automatically Download comparative statement and check physically The L1 contractor is to submit physically EMD and hard copy of document Award letter are to be published after acceptance of tender on the tender portal.
  62. 62. COMPLETION OF AGREEMENT Agreement consist of following documents:  NIT  PWD forms 7 or 8  Schedule of quantities  Letter of contractor submitting tender  Other communications before acceptance  Letter of EE communicating acceptance  Letter of EE for commencement of work  CPWD safety code, CPWD labour regulations etc.  Correction slips
  63. 63. COMPLETION OF AGREEMENT General principles:  Only authorities under article 299 (1) of the constitution are authorized on behalf of President.  President is to be made party in each contract  Use standard forms  EE will sign for and on behalf of the President of India  Agreement to be signed as soon as possible after acceptance  The terms of the contracts should not be materially varied without the previous consent of the authority to accept the tenders.  Duplicate copy of agreement to be given to the contractor free of cost  Certified true copies to be prepared for use in the office.
  64. 64. ThanksThanks E mail: