CPM Guidelines PDF
CPM Guidelines PDF
CPM Guidelines PDF
ON
CONSTRUCTION
PROJECT MANAGEMENT
APRIL 2019
FOREWORD
4.0 These Guidelines have been made out generally on the basis of
CPWD Works Manual 2014 but also incorporate good practices in the
Manuals/Instructions of other major organizations like Indian
Railways, World Bank, Military Engineering Service etc. A few
examples in this context are given below. These are only illustrative
in nature and do not cover all such items.
i
(i) Contract Documents of World Bank, CPWD and Indian
Railways provide for Pre-qualification Criteria different to what
has been indicated in this Guidebook.
(ii) World Bank does not provide for any negotiations even with the
lowest tenderer.
7.0 The Guidelines are divided into 29 Sections with Annexures kept at
the end. Annexures have been numbered separately for each Section
and reference has also been given therein to the corresponding Para
number. Important modifications made in Guidelines 2015 and
incorporated in these Guidelines, are attached.
ii
8.0 The attention of RITES SBU Heads who will be involved in entering
into Agreements with the Clients for Project Management is
specifically invited to Annexure 2.1 of the Guidelines giving details of a
Model Agreement between RITES and the Client in cases where
RITES acts for and on behalf of the Client as a Power of Attorney
Holder and enters into the Works Contract with the Contractor. The
provisions in this Annexure are the ideal ones and may require
modification depending on the scope of works of the assignment and
the provisions in vogue in similar consultancy agreements which the
Client organization may insist on adoption.
9.0 The attention of all RITES Engineers is also specially invited to Para
1.6 of the Guidelines on "Essential features of Good Project
Management". The provisions should be carefully gone into and
efforts made to follow the same. In exceptional circumstances where
they cannot be observed in totality because of exigencies of work,
reasons for the same should be kept on record with proper follow up
action.
10.0 Soft copy of this Guidelines in PDF Format is available in RITES ESS
Portal. RITES staff and officials are advised to read the Guidelines
and make themselves conversant with the Contents of the Guidelines.
Same procedures will be required to be followed in future when
dealing with Addenda & Corrigenda that may be issued to the
Guidelines.
11.0 SBU Heads should organize training programmes for the Engineers in
their Units so that doubts, if any, can be got clarified.
13.0 The first edition of `Guidelines’ issued in 2005 was largely prepared
by Late Shri R. Balasubramanian, ex-General Manager, Kolkata
Metro and Shri B.K.Makhija, the then Director/Projects. They were
iii
also associated with the revised editions issued in 2007 and 2011.
The December 2015 edition of ‘Guidelines’ was the result of the
efforts put in by, Shri G.V.Chanana, Advisor, Contract Policy Cell
and Shri Alok Garg, ED (B&A) and Head Contract Policy Cell who
were assisted by Shri K. Murali krishna, the then JGM/CP. This
revised edition of ‘Guidelines 2019’ has been prepared by, Shri
G.V.Chanana, Advisor, Contract Policy Cell and Shri Alok Garg,
ED(HW&P/B&A) and Head Contract Policy Cell. Since updating
Guidelines is a dynamic process, Shri K. Murali Krishna, AGM/Civil
assisted Contract Policy Cell till his joining Vigilance cell in Jan 2019.
No amount of words of appreciation and gratitude to them will be
adequate for the purpose.
14.0 It is sincerely hoped that the ‘Guidelines 2019’ would serve the needs
for which it has been published.
V.G.SURESH KUMAR
Director Projects
RITES Ltd.
Gurgaon
April, 2019
iv
IMPORTANT MODIFICATIONS MADE IN THE GUIDELINES “DECEMBER,
2015” AND INCORPORATED IN THE GUIDELINES “April, 2019”
The following are the salient changes made in the “Guidelines 2015” and
incorporated in these Guidelines.
SECTION 2
Para 2.1
In the Model Agreement between RITES and the Client given as Annexure
2.1, Sub-Article 10.5 which was inadvertently not printed, has been added to
clarify that the Client shall be the Employer under various labour laws.
Further, Article 19 has been amended to provide, in case the client is a
Government Department/Organization or CPSE/State PSE, for resolution of
disputes through AMRCD in accordance with Govt. of India, Ministry of Heavy
Industries & Public Enterprises, Department of Public Enterprises OM No.
4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018. Article 20 has been
amended to include NITI Aayog’s directive to pay 75% of the amount
awarded by Arbitrator/Court to the contractor against a Bank Guarantee of
the like amount.
Para 2.6
Para in connection to Article 20 of Annexure 2.1 has been added stating that
it is essential to take consent of client to pay 75% of the amount awarded by
Arbitrator/Court to the contractor against a Bank Guarantee of the like
amount.
SECTION 3
Para 3.3
This para has been amended to provide that the SBU Head will allocate
projects among his senior technical officers with the approval of the Divisional
Head.
v
Para 3.4
Sub-para (xv) has been amended in the light of coming into force GST
regime.
SECTION 4
Sub-paras 4.1.1 C), 4.5.1 c), 4.9.2a) i) and 4.9.4 have been amended sub-
para 4.5.1(d) has been deleted in the light of coming into force GST regime
and publishing of DSR 2018 recently.
Sub Para 4.4.1 (v) has been added specifying the Contractor’s OH & Profit to
be adopted in case of DSR items adopted in detailed estimate for Track
works, Highway works and Bridge works
Para 4.4.4: This Para has been added which deals with market rate analysis
without taking GST element on input materials and labour and applying GST
on works Contract Service at the end of estimate.
Para 4.4.5: This Para has been added which deals with market rate of Non-
Schedule items which are specialized or composite in nature and for which it
is difficult to analyse/ derive the rate as per the provisions of Para 4.4.1
SECTION 5
Para 5.1.6
SECTION 6
The criteria for Annual turnover for works in Normal Area and in Difficult
Areas is slightly modified to attract more competition
vi
SECTION 8
Para 8.3.2
Sub-para (iii) has been modified and Annexure 8.5A has been added to
provide for exemption from payment of Earnest Money to ‘Startups’ due to
amendment to Rule 170(I) of GFR 2017
Para 8.3.2(iv): This Para has been added stating that The benefits under
Public Procurement Policy for Micro and Small Enterprises (MSEs) Order,
2012 are applicable to only Supply and Service Contracts.
Para 8.3.5
It has been modified to provide that in case the Tender opening Committee
has any doubt regarding the authenticity or acceptability of the instruments of
Earnest Money and Cost of Tender Document furnished by a bidder, they
should open the further packets of such bidder, putting on record the reasons
for such doubt and leave the matter for deliberation by Tender Committee
and final decision of the accepting authority.
Para 8.5.3
The para has been amended to provide that the Project Co-ordinator while
forwarding the Briefing Note to the Tender Committee, should also enclose
statement of market rates of major items and peculiar
situations/circumstances, if any, so as to facilitate preparation of Market Rate
Cost/Justified Amount, by the Tender Committee, if required.
Para 8.8.6
The para has been amended so as to be in sync with the amended para
8.5.3.
The paras and its sub-paras have been amended to modify rigid parameters
of determining reasonability and to provide some flexibility to the Tender
Committee particularly in the case of greenfield projects and Railway
projects.
These have been modified in the light of Public Procurement Policy for Micro
and Small Enterprises (MSEs) Order, 2012.
vii
SECTION 12
Para 12.7.8
This para has been added to clarify about payment of escalation under
Clause 10CC of RITES GCC for Works so far as Substituted Items are
concerned.
SECTION 13
Para 13.6.4
This Para has been added according to which The Engineer-in-Charge can
extend the currency of the contract reserving the right to levy compensation
at a later date in the format given at Annexure 13.2 of ‘Guidelines’ on not
more than two occasions consecutively.
SECTION 20
Para 20.3
SECTION 21
Para 21.2.5 & Para 21.2.4A : These Paras have been added giving reference
to Format of Test Check Statement at Annexure 21.6 to be submitted along
with each RA bill/Final Bill.
SECTION 22
Para 22.3.2
This Para has been added giving time lines for processing and release of the
payment of final bills to be adhered to by RITES staff in cases where RITES
viii
supervises the work and releases the payments to contractors from fund
deposited by client.
The Para 22.9 has been retained as Para 22.8 & Para 22.8 & 22.10 has been
deleted due to GST.
SECTION 24
Para 24.3
SECTION 28
Paras 28.9 and 28.10 have been added alongwith Annexures 28.1, 28.2 and
28.3
SECTION 29
ix
CONTENTS
1 INTRODUCTION
1.1 Preamble 1
1.2 RITES Documents 1
1.3 Integrity Pact 3
1.4 Types of Project Consultancy Assignments 4
1.5 Financial Liability of RITES 5
1.6 Essential Features of Good Project 6
Management
viii
4 PREPARATION OF ESTIMATES
ix
7 SALE OF TENDER DOCUMENTS
x
9 EARNEST MONEY
11 AGREEMENTS / CONTRACTS –
ESSENTIAL FEATURES
xi
12 GENERAL GUIDANCE FOR OPERATION
OF CONTRACT CLAUSES
xii
14.2 Acceptance of Substandard Work 141
16 MATERIALS ARRANGED BY
CONTRACTOR AND MANDATORY TESTS
xiii
17.6 Measurements for Inadmissible Items 161
17.7 Deviations in Quantities of BOQ Items 162
17.8 Placing of Repeat Orders 162
xiv
19.19 Disposal of Old Records 188
20 RECORDS TO BE MAINTAINED
AT SITE OF WORK
21 MEASUREMENT BOOKS
xv
22 PAYMENTS TO CONTRACTOR
23 ADVANCES TO CONTRACTOR
24 PREPARATION, EXAMINATION,
VERIFICATION AND PASSING BILLS
FOR PAYMENTS
xvi
26 CHIEF TECHNICAL EXAMINER’S
ORGANIZATION AND COMMON
IRREGULARITIES OBSERVED
29 E-TENDERING 246
*****
xvii
SECTION 1
INTRODUCTION
1.1 PREAMBLE
RITES has been handling Project Management Consultancy
assignments for the past few decades. While some of the Clients,
particularly Government Departments and Public Sector
Undertakings, insist upon RITES adopting the Tender Document and
Contract Management procedures of specific organizations such as
that of Railways, CPWD, State PWD, MES, World Bank etc, there are
also cases of Clients leaving it to RITES to decide on the
documentation and procedures. Some organizations such as Indian
Railways, CPWD, MES, World Bank etc, have also printed their
Standard Tender Documents and Manuals for the guidance of the
officers and field Engineers and these are followed in execution of
works in their organizations.
1
The provisions contained in this book can be adopted also in the
Management of Contracts based on the formats of other
organizations like Indian Railways and World Bank in so far as
they are not in conflict with them.
3) Special Conditions
4) Schedules A to F
5) Technical Specifications
6) Drawings
2
Depending on the nature and scope of work, Bill of Quantities,
Drawings and site/work specific Special Conditions/Specifications
will be required to be made out by NIT Approving Authority. The
Standard Tender Document may be adopted in all cases other
than those where the Client insists upon adoption of a specific
format such as that of Railways, MES, World Bank etc.
a) IP shall cover all phases of the contract i.e. from the stage of NIT
/ Pre-Bid stage till completion of contract. Any violation of the
same would entail disqualification of bidders.
3
b) Entering into this Pact by the bidder would be a preliminary
qualification.
4
supervision, entrusts to RITES, General Supervision including
Quality Control.
5
tendering to execution have been covered in detail in subsequent
Sections, the basic items to be kept in view for successful
implementation of a Construction Project are detailed below.
(i) Work should not be awarded to the contractor until ideally all
the required construction drawings are available. However, in
case of any exigency, which should be recorded, it should be
ensured that construction drawings of foundation and floor one
above or equivalent in other types of works are available for
construction activities for at least 3 to 4 months. It shall be the
responsibility of the Project Coordinator to ensure that balance
drawings are finalized during this period.
(ii) Contract should not be awarded to the contractor until the site
is available and ready for the construction with clear title deed
and free from encroachments, encumbrance etc. If the Client
insists on award of contract with only part land available and if
RITES is to sign the works Contract as Agent / Power of
Attorney Holder, the Client has to be advised in writing that if
balance land is not made available as per the Project Schedule
in the Tender Document, the Contract may have to be
terminated and the resultant liability which may include claims
from the contractor will be to Client’s account. It should also be
checked in advance to ensure that the approval of the Local
Authorities is available for use of the land for the intended
purpose. Contract may not be awarded till approval of local
body to the Layout and building plans is available.
(iii) Work should not be awarded till sufficient funds are deposited
by the Client. Where the full contract amount is not made
available in advance by the Client who desires to make
available funds in installments, the Client should be advised
6
right at the initial stage that in case funds are not made
available promptly as asked for, the Works Contract will have to
be terminated and the resultant liability which may include
claims from the Contractor will be to Client’s account.
(v) All out efforts should be made to avoid any delay on part of
RITES in issuance of drawings, clarifications on specifications
of items, processing of bills for payment and giving decisions
on matters referred to by the Contractor.
7
(viii) It should be ensured that rates of Extra / Substituted Items as
well as rates for the BOQ items for quantities beyond the Limits
for which rates are available in the contract are duly accepted
by the Contractor, before releasing payment of Final Bill.
8
SECTION 2
CONTRACT WITH CLIENT
Special care needs to be taken where RITES awards and signs the
Contract with Contractor for execution of work, even if these are for
and on behalf of the Client.
9
take a decision on its own with or without advice to the Client, during
the course of execution of work.
10
same Client. The only exception will be in case when the Client
specifically authorizes in writing such diversions.
2.3.6 The Client on whose behalf the work is to be done is also to be made
clear that RITES does not bind itself to complete the work within the
amount of estimate and that the Client should agree to finance the
excess that may occur.
2.3.7 It should be ensured that the expenditure is not more than the
deposits received for the work. Where the SBU Head is doubtful
about the timely receipt of the deposits, matter should be taken up
with the Client by giving notice that if further deposit is not received,
work may be stopped and any contractual liability arising out of such
stoppage of work will have to be borne by the Client. Efforts should
also be made by higher officers, if need be, to follow up with the
Client. In exceptional circumstances, if the work has to be continued,
permission of the Divisional Head or tender accepting authority,
whoever is higher should be obtained.
2.3.8 While submitting preliminary estimates for Deposit Works for obtaining
Administrative Approval and Expenditure Sanction from the Client, a
copy of the terms and conditions under which the works would be
taken up by RITES generally as given in Annexure 2.1 should also be
enclosed with the estimate. Alternatively these provisions should be
incorporated in the Agreement between RITES and the Client.
11
view the trend of progress of works. Ideally a separate Bank account
should be maintained for each Deposit Work which should be credited
with all deposits of the Client and debited with payments to the
Contractor, RITES’ fees and other expenses as per provisions in the
Agreement between RITES and the Client. This will facilitate easy
reconciliation of accounts, monthly and on completion of works. It is
desirable that in case of opening of such Bank Account, the
Agreement between RITES and the Client clearly stipulates whether
interest accruing out of short term deposits from the surplus funds if
any available in the Account from time to time will be retained by
RITES or refunded to the Client. The consultancy fee to be quoted by
RITES should take into consideration this factor. Where the Client
does not agree for the interest on such short term Fixed Deposits
being credited to RITES account, keeping in mind the Income Tax
implications on accrued interest and expenditure in management of
such short term fixed deposits, the Client’s funds may be kept in
current account without any conversion into Short Term fixed
deposits.
2.5 ENDORSEMENT OF COPIES OF DOCUMENTS TO THE CLIENT
2.5.1 The Agreement between RITES and the Client will indicate what items
will require prior approval of the Client, what items will require post
facto approval of the Client and what items can be decided by RITES
and the Client just kept advised.
12
(vii) Deviations and Rates as approved by RITES for Extra items,
Substituted items and Deviation in Quantity of BOQ items
(ix) Running Account Bills and Final Bill with supporting documents
13
SECTION 3
14
3.3 ORGANISATION AT SBU OFFICE
The SBU Head who may be of the grade of GGM, GM or CPM will be
dealing with a number of projects at any one time. He will also be
assisted by officers and staff in both technical and financial matters.
SBU Head will allocate projects among his senior technical officers
with the approval of the Divisional Head. Such officers will work as
Co-ordinating Officers for the Project or Project Coordinators. Each
such technical officer who may be GGM/GM, Addl.GM, Jt.GM, Sr.
Dy.GM, Dy.GM or Manager may be required to deal with one or more
projects and it will be his responsibility to take care of all activities
related to the Project for which the SBU office is responsible as
indicated in subsequent Para 3.6. The nominated Project
Coordinator will also keep the SBU Head advised fully on the Project
and initiate action for referring through SBU Head to the higher
authorities in the Head Quarters, proposals which require sanction of
higher authorities at Head Quarters level. In case, the Engineer-in-
Charge of the project is junior in rank to the SBU Head, the Project
Coordinator will route all papers through the Engineer-in-Charge.
The table below gives the desirable level of organization for projects
of different values. The SBU Head can modify them suitably
depending upon the nature and complexity of the project and the
availability of engineering personnel under him:
15
Project Size Project Controlling Site Engineer
(Rupees in Coordinator Site
Crore) Engineer
16
c) Check if the Contractor has submitted the following documents
and if so, xerox copies of the same should be retained in the
Site Office and the originals sent to SBU Office. The list given
below is based on CPWD General and Special Conditions of
Contract and may require modification depending on the
provisions contained in GCC & SCC of other type of contracts
such as that of World Bank, Indian Railways etc as will be
required to be followed for that work.
17
i) Site Laboratory fully equipped and manned by adequate
numbers of technically qualified staff.
ii) Availability of qualified and experienced technical personnel
at site.
e) Check the quality of construction materials arranged by the
Contractor by arranging tests where required and see if the
Manufacturers’ Test Certificates have been furnished, where the
Contract provides for the same.
18
iii) Acceptance of substandard work and reduced rates for the
same.
iv) Contractor’s claims.
h) Issue of notices to the Contractor on progress of work, quality of
work, number and competence of technical personnel deployed,
functioning of Site Laboratory etc.
a) Check on the defects if any pointed out by the Client during the
maintenance period and give notice to the Contractor for
rectification of the defects.
19
b) Arrange for issuance of “Maintenance Certificate” to the
Contractor on expiry of Maintenance Period after checking that
all defects have been rectified. Arrange refund of the balance
Security Deposit as per provisions in the Contract.
20
iii) Preparation of input estimates and obtaining approval of
the same from competent authority after vetting by
finance.
d) Where the Controlling Site Engineer points out errors in the BOQ
in the Contract Agreement when compared with “Good for
Constructions Drawings” as indicated in para 3.5.1 (b), to
scrutinize and take corrective action in consultation with the
Client to advise the Contractor suitably.
21
items of large value, where there is only one Site Engineer at
the project site.
22
c) Submit to the Client the Final Statement of Accounts as
provided for in the Agreement between RITES and the Client.
i) Completion Certificate
ii) Sets of Completion Plans and Operating & Maintenance
Manual as provided for in the Contract
iii) Charge Paper-Handing over by the Controlling Site
Engineer to the representative of the Client, the completed
works.
3.6.4 POST CONSTRUCTION STAGE
23
SECTION 4
A) P. Way Material
i. The rates of rails from SAIL which can be obtained from
their Delhi or Zonal / State Offices.
ii. The rates of sleepers shall be based on rates to be
obtained from PSC sleeper manufacturing company or
companies supplying sleepers to the Railways in the area
where work is to be executed or else based on recently
accepted rates in the area, if available. Rates should be for
supply of sleepers to parties other than Indian Railways.
iii. The rates of Points& Crossings and PSC sleepers for the
same shall be based on rates circulated by Railway duly
enhanced by the % by which the rates of rails/sleepers as
24
obtained vide (i) & (ii) above are over and above Railway
circulated rates.
B) Execution of work
The rates for execution of PW works should be based on rates
circulated by Railways.
C) General:
In addition to above, provision shall be made for–
i) CGST, SGST as applicable.
ii) Freight including handling charges.
iii) General charges including charges for Bank Guarantees
and Insurance etc. as required.
iv) T & P charges.
v) Contractor’s profit and overheads
vi) Workers Welfare Cess Act 1996 etc.
Road Works:- Length of road, no. of lanes etc worked out and
the rate per unit area, length or other such method adopted for
ready and rough calculation, so as to give an approximate idea
of the cost involved in the proposal.
25
4.1.2 The Preliminary estimate should invariably provide for the probable
escalation in the prices based on trend of increase in price of
materials and labour for the period between estimate preparation and
start of work as also during the period of construction. In case these
provisions are not accepted/approved by client, its implication should
be conveyed to them in writing.
4.1.3 The estimate should include RITES’ fee which should include fees of
sub-consultants, for project management.
4.1.4 Following steps need to be taken before preparation of the estimates:
Freeze the requirement of project and specifications of work with the
Client.
Prepare concept plan based on the requirement and obtain approval
of the Client.
Where required, conduct sub-soil investigations and tests to
determine subsoil strata and the safe bearing capacity of soil for
design of foundations.
4.1.5 While forwarding the Preliminary Estimate to the Client for according
Administrative Approval and Expenditure Sanction, an indication shall
be given in the history sheet that the cost projected in the Preliminary
Estimate is liable to revision due to probable escalation in cost of
construction apart from reasons such as change in scope, design and
specifications etc, which may be desired by the Client at a later date.
26
Estimate should be obtained from the competent authority as per
schedule of powers of RITES.
In case of a Composite Estimate, the concerned disciplines like
Civil/Electrical/Signal/Mechanical etc, shall obtain Technical Sanction
for their respective portion from the SBU Head and then forward the
same to the competent Authority for consolidation and sanction.
4.2.3 In case of exigencies of work/requirement of the Client, Detailed
Estimate for a part project may be prepared and Technical Sanction
obtained for the same. Reasons for the same, however, should
invariably be kept on record endorsing copy to Competent Authority to
accord approval for Packaging of tenders as per SOP
4.2.4 In case the Estimated Cost including the element of RITES fees, Price
Escalation during the course of execution of works and unforeseen
items, exceeds the amount for which Administrative Approval and
Expenditure Sanction has been obtained inclusive of the allowable
%age excess as per contract agreement with the Client, the Client
should be advised of the revised increased Cost for fresh
Administrative Approval and Expenditure Sanction.
4.2.5 When RITES undertakes a project where Detailed Estimate/ DPR has
already been approved by the Client, no separate Technical Sanction
to the estimate is required from the competent authority of RITES.
However during the scrutiny of such estimates, if deficiencies are
noticed which have cost implications, the same should be brought to
the notice of the Client after it is seen by the competent authority of
RITES. The Project Coordinator will be responsible for such scrutiny
of estimate and for taking necessary follow up action with the Client.
27
Supporting documents when rates are based on prevailing market
rates in the project area.
iv. Rates:- Particulars and basis as to how the rates have been
arrived at giving references to the Standard Schedule of Rates
and Non-Scheduled Rates and also to the details
accompanying the estimate, where necessary, with any special
explanation connected therewith.
vi. Method:- The method proposed for carrying out the work -
whether by lump sum contract, item rate or percentage rate
contract or any combination of these.
28
vii. Establishment:- Details of any provision made in the estimate
for work-charged establishment, when necessary.
29
The estimates for these items should be prepared as per
procedure explained in para 4.4. Alternatively, the estimated
cost can be worked out on the basis of the trend of rates of
such items in tenders accepted in the recent past duly updated
for factors likely to affect the cost. Average rate of two or three
(preferably three) accepted tenders may be considered.
4.4.1 For Non Schedule items, the cost has to be determined for each item
based on Market Rate Analysis which will include the cost of the
materials and labour to the contractor at site of work plus a certain
percentage of such cost to cover all overheads and profit. This
percentage representing the element of overheads and profits has
been fixed at different levels by different organizations like CPWD,
MES, NHAI, State PWDs etc. For the purpose of uniformity in RITES,
the following procedure may be adopted to work out the Market Rates
for any non-Scheduled item based on a breakup into the elements of
Materials, Labour, Hire / Running charges of Plant & Machinery,
Sundries and Overheads & Profit.
a) (i) Materials (other than Track Works):- The quantity of
materials of different types including permissible wastage
may be determined. CPWD has made out Rate Analysis
for various DSR items. They can be taken for guidance if
the Non Scheduled item is an item similar to a DSR item. In
case there is no similar DSR item, the quantity of materials
will have to be assessed from publications such as Nabhi’s
Compilation of Analysis of Rates or similar publications,
technical literature of manufacturers of specialized
products, experience in execution of similar works in the
30
past etc. The cost of materials should include the element
of transport to site.
Market rate for materials should be ascertained by getting
at least 3 quotations in writing from suppliers preferably for
delivery and stacking at site. The least rate out of the
quotations, obtained for the lowest accepted/acceptable
make/specification should be adopted and based on the
rates for supply at site and the quantity including
permissible wastage, the cost of the materials to be
arranged by the contractor at site of work can be
determined.
In case of difficulty in getting written quotations due to
reluctance of the suppliers, the rates should be collected
and recorded with name and address of the suppliers by the
concerned officer. Where the rate quoted by the supplier is
for supply at the Dealers’ godown, the element of cost of
transport to site and stacking should be added and this can
be based on DSR rates for similar items increased by the
Cost Index notified by CPWD.
If the Contract is to provide for supply of any materials at a
fixed cost to the Contractor, the cost of materials should be
based on the issue rate at site of work.
31
If the contract provides for supply of Track materials to the
Contractor, at fixed rate, the cost of Track materials should
take into account such issue rate at site of works. If
materials are to be supplied elsewhere, the cost of transport
and stacking at site of work should be added suitably.
ii. Rate should be for casual Labour and should include the
elements of compensation towards weekly rest and
other facilities, if any, such as housing, medical
attention, Insurance etc.
The daily rate to be considered shall be the least of the
rates obtained from 3 or more different sources. It should
be checked if there are any Statutory Minimum Daily Wages
declared by the Central or State Government for that
category of Labour. If there is any such rate, the Daily rate
32
to be adopted for Market Rate Analysis should not be less
than the highest of the Statutory Minimum Daily Wages laid
down by different Bodies. Based on the Daily rates as
determined for different Categories of Labour and the
requirements in terms of Mandays per Unit of work, the
Labour element can be worked out.
a) On Track Materials
33
b) On other than Track Material arranged by the contractor
- @ 15% of the cost of such material.
c) On Labour
34
4.4.2 The Non Scheduled item rate as worked out above, should be
compared with the prevalent Contract rate for same item in the same
area, under other ongoing or recently executed contracts, if such
information is available. This will facilitate a cross check of the
reasonableness of rate as worked out. It should however be ensured
that the Contract rate ascertained is itself a reasonable one
determined on basis of open tender and is not an abnormally high or
low rated item. All records in support of the analysis for Non
Scheduled item rate should be maintained and these will include
quotations for different materials and different categories of labour,
Statutory Orders of Central / State Government on Minimum Wages
for Labour and’ notifications on GST on Works Contract.
4.4.3 For small-value items having total value of less than 1% of the cost of
non-schedule items, where the time and effort involved in preparing
detailed market rate analysis may not be commensurate with the
accuracy to be achieved, the estimated cost can be worked out from
rates of such items in accepted tenders. If, even that is not possible
for a few items due to absence of such items in recently accepted
tenders, the rates may be taken on the basis of fair judgement by the
engineer.
4.4.4 Market rate analysis for Non- Schedule items shall be carried out
based on prevailing market rates of Materials, Labour, Hire / Running
charges of Plant & Machinery without GST. The Construction workers
Welfare Cess can be added at the end of the each item rate if
applicable in that State in which work site falls and GST on works
contract shall be added at the end of the estimate for taking the
approval of the same from client/Competent Authority of RITES.
However, while working out the cost put to tender, the GST on works
Contract shall not be included in the cost since there is a provision in
Standard Tender Document of RITES to pay GST on works Contract
separately to contractor. While working out the cost put to tender, it
should be ensured that GST is not included at any stage ie on input
materials, Labour, Hire / Running charges of Plant & Machinery and
also on Works Contract.
35
by taking least value of at least 3 quotations obtained for such items.
While obtaining quotations, the nomenclature of the item and required
technical specifications should be given in detailed along with rough
sketch or drawing if required to enable the vendor giving quotation to
understand the item and to quote the rate accordingly.
4.5.1 The Detailed Estimate will first be made out to reflect the following
elements :
c) Since CPWD published DSR 2018 taking into the effect of GST
on Works contracts, market rate analysis for Schedule items
shall be carried out based on prevailing market rates of
Materials, Labour, Hire / Running charges of Plant & Machinery
without GST. For preparing the market rate analysis for
Schedule items, provisions of Para 4.9.2 (a) shall be followed
by deriving the rates based on prevailing market rates of
Materials, Labour, Hire / Running charges of Plant & Machinery
without GST. Market rate analysis for Non- Schedule items shall
be carried out based on prevailing market rates of Materials,
Labour, Hire / Running charges of Plant & Machinery without
GST. The Construction workers Welfare Cess can be added at
the end of the each item rate if applicable in that State in which
work site falls and GST on works contract shall be added at the
36
end of the estimate for taking the approval of the same from
client/Competent Authority of RITES. However, while working
out the cost put to tender, the GST on works Contract shall not
be included in the cost since there is a provision in Standard
Tender Document of RITES to pay GST on works Contract
separately to contractor. While working out the cost put to
tender, it should be ensured that GST is not included at any
stage ie on input materials, Labour, Hire / Running charges of
Plant & Machinery and also on Works Contract.
The element of Building and other Construction Workers’ cess
as applicable to the State / Union Territory will not be applicable
in the case of supply contracts.
d) Building and other construction workers Welfare Cess at 1% of
cost of items (a) and (b) above. This rate may vary from State
to State and may be modified accordingly.
37
4.6 TECHNICAL CHECK OF DETAILED ESTIMATES
38
be got sanctioned by the Competent Authority of RITES for overall
cost after acceptance by the Client.
a) DSR Items
i) Items constituting about 90% of the estimated cost of the
work should be considered for preparation of market rate
analysis. Items to be considered should be selected which
have higher estimated cost. One should start with items
39
having the highest estimated amount and next lower in the
decreasing order and so on, till about 90 % of estimated
amount is reached. For each such DSR item, the Market
Rate Analysis should be done strictly adopting the
procedure laid down in CPWD’s Standard Analysis of Rates
without adding GST on works Contract in that item rate. The
Market Rate Cost of each identified DSR item for the
Estimated Quantity of that item should be worked out. The
total Market Rate Cost of all the identified DSR items should
be compared with the total estimated cost of the same
identified items considering the Base DSR 2018 rates
without GST on Works Contract and justified percentage
computed. This justified percentage which may be different
to Cost Index advised by CPWD for the period when
Estimate has been made out should be applied on the base
DSR 2018 Rates for the remaining DSR items contributing
to balance about 10% of the cost of DSR items put to
tender. The rates so derived for balance about 10% items
should not contain GST on works Contract.
ii) Thus the Market Rate Cost of DSR items can be worked out
as under:-
· Identified DSR Items totally costing about 90% of cost of
DSR items put to Tender:-
- Total amount for all such items based on Market Rate
worked out for each individual item as described
above multiplied by Quantity of that item.
40
b) Non-DSR Items or Non-schedule Items.
4.9.3 For estimates based on other than CPWD practice, the following
procedure shall be adopted for making out Market Rate Analysis.
(a) Schedule Items: In case “Standard Analysis of Rates” is
available for each SOR item with breakup of quantities of
materials of different types and labour of different categories,
procedure similar to what has been indicated in Para 4.9.2 (a)
may be adopted. If however such “Standard Analysis of Rates”
is not available as in the case of Indian Railways, such Market
Rate Analysis of Schedule of Rate items need not be made out.
The reasonableness of rates received will have to be assessed
only by comparing the percentage above SOR of all items put
together with the Percentage above SOR as accepted for similar
works in the same or adjacent area for recently concluded
contracts.
(b) Non Schedule Items: Provisions in Para 4.9.2 (b) will be equally
applicable in this case also.
4.9.4 In both cases of Market Rate Analysis of Cost of Work under Paras
4.9.2 and 4.9.3, the element of GST on Works Contracts (i.e, on the
total amount of the estimate) may be got confirmed from Internal
Finance Unit concerned.
41
SECTION 4 A
4.1A Considering the fact that there are no standard / published Schedule
of Rates or Analysis of Rates for preparing estimates for Survey,
Geotech Investigations, Planning, Consultancy or Design
assignments etc. the estimates for such services may be prepared
on the basis of past experience of cost of hiring such services. This
can be done by adopting one of the following two methods.
The impact of the above factors and any other factor which
may be relevant, should be assessed and quantified as
accurately as possible and then considered in preparation of
the estimate.
42
transportation of staff and equipment to site and adding
overheads and profits @ 15% on the cost elements. The quantity
of manhours / months and the salary of engineers/designers etc.
can be assessed on the basis of experience.
43
SECTION 5
44
- Communication of the proposal
- A communication of the acceptance of the proposal.
5.1.5 The communication of acceptance of the proposal completes the
Agreement. An offer may lapse for want of acceptance or be revoked
before acceptance. Acceptance produces something which cannot be
recalled or undone. A contract springs up as soon as the offer is
accepted and imposes an obligation upon the person making the
offer. It has been opined by the Ministry of Law that before
communication of acceptance of an offer, the tenderer would be within
his right to withdraw, alter and modify his tender unless there is a
specific promise to keep the offer open for a specific period backed by
a valid consideration.
5.1.6 Amendments to accepted Contracts:-
The conditions and clauses of contract cannot be varied except
through a written Supplementary Agreement with mutual consent of
parties to the contract. This can be done in exceptional cases by the
competent authority as per SOP Item No.7.3 in overall interest of the
project, provided that;
5.2.1 RITES Standard Tender & Contract Document Dec 2016 ( Physical &
Hard copy Tenders) and April 2018 (E-Tendering), alongwith its
amendments are generally based on CPWD practices and has been
issued separately and/or revised version to be issued shall be under
three parts namely, Part I ‘Technical Bid’, Part II ‘Financial Bid’ and
Part III ‘General Conditions of Contract.’
45
(A) Part I–Technical Bid
This consists of following sections
Section 1) Notice Inviting Tender and Instructions to
Tenderers.
Section 4) Schedules A to F
Section 6) Drawings
(B) Part II–Financial Bid
The revised standard formats for Percentage and Item Rate
Tenders have been issued separately. These should be
followed as applicable.
46
different sections. In all cases of modifications the sanction of the
Authority Competent to approve deviations from Standard Tender
Documents (SOP Item 2.2) should be obtained.
47
on Client’s requirements or Site specific needs, they can be
included under “Additional Special Conditions”.
i) Standard Specifications:
48
For Railway Track and Bridge works, for the present, the
details contained in “RITES Specifications for Railway
Track and Bridge works (September 2010)” may be used
with any modification as required for items of works
covered by the Book. Soft copy of these Specifications is
available with Track and Survey wing of Rail Infrastructure
Division at Gurgaon. For items not covered by the Book,
extracts of relevant RDSO or Indian Railway Specifications
or Specifications made out by the Zonal Railways may be
relied upon to draft the “Special Specifications”.
(b) While the Tender Document will cover all identified Schedule
and non-schedule items, during the course of execution of
works, some extra or substituted items may be required to be
operated. For such items, the same principles outlined in Para
(a) above will apply depending on the scope of the item
concerned.
5.2.7 Drawings
49
SECTION 6
i) Single Tender
ii) Limited Tender
iii) Open Tender
6.2 SINGLE TENDER
(i) The system of Single Tender should be resorted to only in
exceptional circumstances. Powers of RITES’ officers for calling of
Single Tenders are laid down in SOP. Powers for Nomination of
Tender Committee and acceptance of its recommendations in the
case of Single Tender are laid down in SOP. In addition to getting
the approval of the Client, calling and acceptance of Single Tender
will be governed by the guidelines laid down in Annexure D of SOP
and a copy is at Annexure 6.2. Tight target and urgency cannot
be accepted as a reason for calling Single Tender.
(ii) All such cases of Single Tender shall be posted on the web site
ex-post-facto.
50
Agreement between RITES and the Client), have been laid down in
SOP. The Powers for nomination of Tender Committee and
acceptance of its recommendations have also been given in
SOP. Decision for calling Limited Tenders in place of Open
Tenders, which should normally be resorted to, should be taken
keeping in view the following:
a) Work is required to be done in urgency and in short period and
/ or
b) The job is of a special nature which could be executed only by
a few special type of Consultants / Contractors who are well
versed with the job.
c) Justification for hiring of consultant should be available on file.
51
i) In the event of insufficient response to the Limited Tender from
the Contractors borne on the Approved list or
ii) When the minimum of 6 Contractors with requisite experience
in similar type of work are not available for placement in the
Approved list or
iii) When ring formation is suspected.
6.3.3 Limited Tenders for Survey / Design / Investigation / Planning /
Consultancy Jobs.
a) In cases where a SBU requires such services frequently and
Limited Tenders are resorted to for above jobs, a panel of
contractors/sub-consultants should be formed by each SBU.
Panel can be kept valid for three financial years at a time. This
will require an open advertisement in the papers specifying the
general requirement of technical capability and past experience.
For such work, stress may be given to quantum of similar jobs
done over financial capability while calling for Expression of
Interest for enlistment in the panel of Contractors/Sub-
consultants. The advertisement shall be uploaded on the RITES
Website also. The Contractors/Sub-consultants will be advised to
give details of their experience in the specialized field for a period
of at least 5 years with supporting documents and also proof of
their satisfactory financial status. There is no objection if
empanelment of contractors/consultants is done for more than
one category for awarding contracts in different financial limits
provided intention for enlisting in various categories is spelt out in
press notice along with applicable PQ Criterion. The applications
should be called for, atleast three months before the starting date
of Panel life of three years so that the Panel can be finalized well
in time after scrutiny and verification of the documents. The
selected Contractors/Sub-consultants should be advised of their
being placed in the panel and the period of validity of the panel.
b) The Panel of contractors/sub consultants my be reviewed
periodically by the SBU Head for weeding out of such enlisted
contractors/sub-consultants who have not remained active in
RITES or have not performed well. Fresh applications received
from time to time for enlistment, may also be considered
periodically, say after interval of 6 months for inclusion of new
names in the Panel, subject to the fulfillment of PQ Criteria by the
applicants. The empanelment of such contractors/sub-
52
consultants shall be valid only for residual validity period of the
panel.
c) For Limited Tenders for above types of jobs/works in Difficult
Areas (Northeast States, J & K, Andaman & Nicobar Islands) for
which, if in the opinion of SBU Head, adequate response from
empanelled consultants/contractors is not likely, the panel may
be supplemented by ascertaining information/enquiries regarding
suitable contractors/consultants as per procedure described in
para 6.3.2 (b).
6.3.4 Small value design/drafting/consultancy jobs, specialized studies,
proof checking, Lab testing etc.
These should generally be executed as per SOP Item No. 4 /
11.4.2 / 11.4.2 (a).
6.4 CONTENTS OF TENDER DOCUMENTS
6.4.1 In case of works for which tenders are to be invited, except in cases
where the Client insists upon adoption of a particular format such as
that of CPWD, Railways, World Bank, MES etc, RITES Standard
Tender Document which has been issued separately should be
adopted. Changes in the standard documents are permitted only to
the extent indicated in Para 5.2.4. Any deviations required to General
Conditions of Contract should be included in the Special Conditions of
Contract. In all cases of modifications of the Standard Tender
Documents, specific approval of the Competent Authority (SOP Item
2.2) should be taken before issue of NIT. While putting up the Tender
Document for approval of the Competent Authority, the Project
Coordinator should list out all deviations proposed in RITES Standard
Tender Document and reasons for the same. If, as per contract
between RITES and the Client, the tender document is to be
approved by the Client, no separate approval of Tender Document is
required from the competent authority of RITES. The approval of
RITES competent authority will, however, be necessary if the pre-
qualification criteria is different from RITES standard tender and
contract document for works.
While approving the tender documents, following must be particularly
ensured:
53
iii) The Schedule of Quantities (BOQ) is based on the detailed
estimate duly sanctioned by the competent authority.
iv) The BOQ does not have any item with ‘0’ quantity.
v) Set of drawings referred to in the BOQ is available.
vi) Technical specifications of all items of work, specially Non
schedule items have been included.
vii) The Completion Period should be decided keeping in view the
complexity of the nature of work involved and keeping in mind
the requirements of the Client. For multistoried buildings, the
following guidelines laid down by CPWD may be kept in mind
and may be modified based on site constraints. Basement may
be taken as one storey.
a) Upto 4 storeys – 8 to 12 months
b) Beyond 4 and upto 6 storeys – 12 to 16 months
c) Beyond 6 storeys - 16 to 21 months
viii) Clause 36 of Clauses of Contract in GCC stipulates that details
of Technical staff to be employed in the works should be
indicated in Schedule F. The norms being followed by CPWD
in this matter are given in Annexure 6.3 for guidelines and the
same may be adoptedor modified depending on the complexity
of the work by Tender approving authority.. Rates for recovery
for Non-deployment of Engineers to be indicated in Schedule F
are also given in Annexure 6.3
6.4.2 The Project Coordinator should personally ensure that there is no
deviation between the Tender Document to be issued to the Tenderer
and the Document approved by the Competent Authority. The Project
Coordinator either himself or by an authorized representative (not
below the rank of AM) should date and initial all corrections,
particularly in the Schedule of Quantities, Schedule of Materials to be
issued and Specifications and generally in other essential parts of
contract documents, and also date and initial on all pages of the
tender documents irrespective of the fact whether they contain or do
not contain any corrections or overwritings etc. This is to ensure that
any tenderer does not intentionally replace any page of the Tender
Document by his own page.
54
i) Availability of site, funds and approval of plans from local
bodies.
ii) Confirmation that materials to be issued to the contractor would
be available.
iii) Availability of structural drawings for the foundations and
arrangement for issue of drawings well in advance of actual
requirement at site as per the program of construction.
iv) Layout plan for all services.
6.4.4 When the Tender Document has been made out by the Client for
issue by RITES, it will be the responsibility of the Project Coordinator
to check the same and bring out the deficiencies, if any, to the
attention of the Client and effect modification to the document as
required.
6.4.5 The following should be kept in mind while making out the Tender
Documents.
a) In the Schedule of Quantities (Price Bid) use of symbols such as
% is prohibited. For example Per hundred Sq.metre must be
written and not % sq.metre. The units should thus be more
specific.
b) In the case of Lumpsum Tenders where Detailed Drawings and
Specifications are to be supplied to the Tenderers, it should be
ensured that the Drawings and Specifications are approved by
the Competent Authority. The Cost of the various items forming
part of the work should be correctly assessed with reference to
the relevant Schedule of Rates and in the case of Non Schedule
items, on the basis of rates supported by detailed analysis
thereof.
6.5.1 Generally, splitting of works for the purpose of inviting tenders should
not be resorted to. However, due to administrative convenience
client’s requirement and expediency, works may be split up with the
approval of competent authority as per SOP and tenders may be
invited separately for the split portions as per powers delegated.
6.5.2 Accord of Technical Sanction and call of tenders for component parts
of the project, the amount of which appears as a distinct sub-head in
the sanctioned estimate, will not amount to splitting the work and can
55
be dealt with by the respective authorities as per powers delegated
even if the overall amount of the project may be beyond the
competence of any such individual authority.
6.6.1 (i) For ‘Open Tenders’ of works costing over Rs.50 Lac wide publicity
should be given to the Notice Inviting Tenders. Tenders must be
invited in the most open and public manner possible by advertisement
in the press both in English and Hindi as also in the local language
dailies, if the local language is different from Hindi. The number of
newspapers in which advertisement should be published would
depend upon the cost of work as per details given below:
b) For works costing more than Rs.5 Crore but less than Rs.25
Crore
56
c) For works costing more than Rs.50 Lac but less than Rs.5
Crore
one daily
In all cases, the NIT should be posted on the Notice Board of the
office issuing the tender. A copy of the NIT should also be sent by the
SBU concerned to the controlling GGM/ED of the Project Office. The
newspapers to be selected should be such that they are popular and
will attract the attention of the contractors operating in the region
where the work is to be carried out.
6.6.2 Action to post the NIT on RITES website will be taken by the IT
division at Gurgaon. Website address must be given in the
advertisement/NIT published in the newspapers.
57
6.6.3 In the case of open tender, complete set of tender documents
including drawings should be posted on the website of RITES in
downloadable form. In case of Limited Tenders involving
Works/Supplies costing over Rs. 10 lakhs, only NIT need be posted
on the website and firms informed individually by Registered post
also. Tenders/applications made on such downloaded document shall
be considered valid for participating in the tender process. In case of
tenders submitted by the tenderers after downloading from the
website, the tenderers shall furnish the cost of documents by separate
demand draft or in any other form as stipulated in the Tender
Document in favour of RITES Limited along with bid document. In
case the cost of documents is not furnished the tender should be
summarily rejected.
Even though the bidder has been permitted to submit his bid in the
documents downloaded from the website, the contract agreement on
award of work should be signed only on the manual copy as issued
originally by the concerned RITES Office.
Suitable provision has accordingly been made in the RITES Tender
And Contract Document 2016 (Physical & Hard copy tenders) and
2018 (E-Tendering)
6.6.4 The advertisement inserted in the Press should be brief but clear in
meaning. The following should be kept in mind.
i) Combined tender notice may be issued for a number of works
to be awarded around the same time by the same SBU.
ii) The Press Notice should indicate the name of work, Estimated
Cost, Earnest Money, Completion Period, cost of the tender
document, RITES Office / website where tender document will
be available, last date for submission of tender, and any other
salient details of interest to the tenderers.
iii) The name of the Tender Inviting Authority should not be
included and only the designation indicated.
Draft specimen of Press Notice for a tender is given at
Annexure 6.4 for guidance.
In case any amendment / corrigendum is required to be issued
to the NIT, there is no need to issue a press notification on the
amendment / corrigendum. But it should be ensured that all
such amendments / corrigenda to NIT as well as the Tender
Document are uploaded in RITES website.
58
6.6.5 The following guidelines are to be followed by the Tender Inviting
Authorities regarding publicity of tenders:-
a) A watch should be kept on publication of advertisement in the
selected newspapers. Newspaper cuttings in each case should
be collected and kept on record as a proof of publicity actually
achieved. Full details of the dates on which advertisements
have actually appeared in the newspapers should be indicated
while sending tender cases to higher officers.
b) It should be ensured that in cases where the tender
document/NIT is to be posted on the website as indicated in
para 6.6.3 above, the actual posting on the website has been
done prior to publication of NIT in the newspapers. A certificate
to the effect that the tender document/NIT as the case may be,
has been posted on the website and the date on which posted,
should be indicated while forwarding tender cases to higher
officers.
6.6.6 In the case of Open Tenders where pre-qualification of the tenderers
has been resorted to, it will be adequate if the NIT is sent by
Registered Post / Acknowledgement due or issued in person after
taking clear acknowledgement, to only the pre-qualified tenderers.
59
Corrigenda if any. There is no bar to hold more than one Pre Bid
conference in complex types of works.
60
applicants qualifying for a particular work cannot be adopted for
another work.
6.10 TIME LIMIT FOR PUBLICITY OF TENDERS
The following time limits between the date of uploading of tenders on
website, and the date of opening of the tenders are laid down but this
period may be varied at the discretion of the officer competent to
accept the tenders in terms of SOP. In order to ensure keen
competition, the time schedule given below shall be adhered to as the
minimum. Any reduction in time period shall be only in rare cases if
approved by the Competent Authority under SOP for recorded
reasons.
10 days in the case of works costing up to Rs two crores.
2 weeks in the case of works costing more than Rs. two crores and up
to Rs. ten crores.
It has to be ensured that the Tender Documents are ready well before
the date of Call of Tender date from which the Tender Papers will be
available for issue to the tenderers/ date of uploading of Tender
Document in RITES website.
61
SECTION 7
Any tender form which is issued either for sale or for office use should
be issued under the signature of the Tender Inviting Authority in terms
of SOP or his authorized assistant (not below the rank of AM). In
order to give contractors sufficient time to study tender documents
62
and work out reasonable rates, the tender papers shall be sold as per
following time schedule :–
7.4.1 The following will be the scale of charges for the sale of tender forms
to contractors unless they are exempted from payment of such cost
as a matter of Government Policy :-
63
tender documents to them. In cases where tender documents are
transmitted by post, these should be dispatched by Registered A.D.
Post or by equivalent means to ensure availability of proof of actual
dispatch of Tender Documents.
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SECTION 8
All the tenders shall be received in the office indicated in the NIT
where Tender Box shall be kept. The Box shall be locked and sealed
so that documents dropped in the Box cannot be tampered with. If
the Tender Documents to be deposited are bulky and cannot be put in
the Tender Box, the NIT should specifically indicate the name and
designation of the official /s who will receive the Tender Documents in
person. The nominated official when receiving the Tender Document
should check if it is in sealed condition and give acknowledgement of
receipt to the Tenderers with date and time of receipt. He should sign
on the top of the envelope with the time and date of receipt. Similarly
in case any tender offers are received by post, the official nominated
for receiving the same should send by post the acknowledgement
after checking if the seal of envelope is intact, indicating the date and
time of receipt. He will also record on the envelope the time and date
of receipt and affix his signature thereon. If the envelop can be
accommodated in the Tender Box, he shall drop it in the box. If the
envelope is bulky, he shall keep it in safe custody.
At the time and date indicated in NIT as closing time for receipt of
Tenders, the opening in the Tender Box for dropping of tender will be
sealed with paper bearing the signature of the authorized official along
with date and time.
65
8.2 DELAYED AND LATE TENDERS
66
the seal put on the opening in Tender Box and the seal on the lock for
the door of the Tender Box are intact. If not, the fact must be
immediately brought to the personal notice of the Project Coordinator
for his instructions.
8.3.4 Tenders shall be taken out from the Tender Box and opened at the
time stipulated thereof in the presence of such of the tenderers who
have submitted tenders or their representative who are present.
Tenderers should also be encouraged to be present at the time of
opening of the tenders. The names of the tenderers and / or their
representatives who are present at the time of opening shall be
recorded by the Opening Officers in the register meant for this
purpose and it shall be signed by both of them. While opening the
tenders, no opportunity should be given to any tenderer to repudiate,
amend or explain any rate or condition quoted in the tender.
8.3.5 In the case of Single Packet System where the Technical Bid and the
Financial Bid are to be opened at the same time, the officers opening
the tender should first open Envelope 1 marked (i) `Earnest Money’ (ii)
`Cost of Tender Document’ (if applicable), or `Documents
Substantiating Exemption from Payment of Earnest Money and Cost of
Tender Documents’ and if the Earnest Money in terms of the Form,
Amount and Period of Validity is in order, and where the tender has
been made out in the form downloaded from RITES website, the cost
of Tender Document has been furnished for correct amount and in one
of the stipulated forms (unless exempted from making such payments
as substantiated with documents), then only should they proceed to
open the Technical Bid and Financial Bid Envelopes. In case the
Earnest Money is not found in order, and where applicable, the Cost of
Tender Document has not been furnished correctly (unless exempted
from making such payments), the Technical Bid and Financial Bid
should be returned to the tenderer on the spot if he is present there;
otherwise later by Registered Post Acknowledgement Due. An entry
shall be made in the Tender Opening Register to this effect. The
Technical Bids and Financial Bids of those tenderers whose Earnest
Money Deposit is found acceptable, and where applicable the cost of
Tender Documents has been furnished correctly (unless exempted
from making such payments), will then be opened. The rates and
amounts quoted and conditions stipulated by the tenderers, if any, will
67
be read out.In case Tender Opening Committee has any doubt
regarding the authenticity or acceptability of the instruments of Earnest
Money and Cost of Tender Documents furnished by a bidder, they
should open the further packets of such bidder, putting on record the
reasons for such doubt and leave the matter for deliberation by Tender
Committee and final decision of the accepting authority.
8.3.6 In case of Two Packet System, Technical Bids shall be opened first
following the procedure indicated in Para 8.3.5 and after Technical Bid
evaluation is completed, which may take some days, Financial Bid in
respect of only those Tenderers whose technical Bids are found
acceptable shall be opened on a date to be fixed and advised to the
Tenderers concerned. In rare cases where deposition of Earnest
Money along with the tender was not insisted upon due to expected
long time in evaluation of Technical Bids, the Financial Bids should be
opened only after getting the Earnest Money unless the tenderer is
exempted from payment of Earnest Money as a matter of Government
Policy. Whenever the Financial Bids are opened, the rates and
amounts quoted as well as the conditions if any, stipulated by the
Tenderers will be read out.
8.3.7 In the Two Packet System where only Technical Bid is to be opened
first, the Tender Opening Officers will also sign each and every
unopened Financial Bid envelope and seal them in another outer
envelope. The signatures with date of the Tenderers or their
representatives present at the time of opening of Technical Bid shall
also be taken on the outer envelope which should be kept in safe
custody by the Project Coordinator.
8.3.8 In both Single Packet System and Two Packet System, whenever the
Technical Bids and Financial Bids are opened, the following
procedure shall be adopted :–
Both the Tender Opening Officers shall sign with date on all the
following pages:–
Technical Bid
i) Tender and Contract Form signed by the tenderer.
ii) Qualification Information filled in and signed by the tenderer.
iii) Where Integrity Pact is applicable as per NIT, the Integrity Pact
duly signed and witnessed by the tenderer.
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Financial Bid
Schedule of Quantities (BOQ) filled in and signed by the tenderer.
8.3.9 If by any chance there are any pages where any modification has
been done by any tenderer by way of corrections, over writing,
omissions, additions or conditions, such pages should also be signed
with date by both the Opening Officers. While going through the
pages of the Tender Document issued by RITES, the Tender Opening
Officers should also check if each page bears the signature of an
official of the office of Tender Inviting Authority.
8.3.10 Officers opening the tenders shall date and initial all corrections,
overwritings, omissions, additions and conditions in both Technical
and Financial Bids, specially in RITES Tender and Contract Form,
Qualification Information and Schedule of Quantities as indicated in
Para 8.3.8 and in the other pages referred to in Para 8.3.9 above.
Use of correction fluid in tender documents should not be allowed. In
case use of correction fluid is noticed, such tender will be liable for
rejection.
8.3.11 The officers concerned should mark all corrections, over writings,
omissions, additions and conditions and attest them in red ink. In
case there area number of corrections, over writings, omissions,
additions and conditions in any page, each such correction, over
writing, omission, addition and condition should be allotted an
independent number and this numbering should be in serial order.
Thus if there are three corrections in one page, they should be
numbered serially as Correction No.1, No.2 and No.3. Similarly,
Overwriting No.1, No.2, No.3 etc.
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put and at bottom of page “Nil” should be written against correction
etc.
8.3.14 In case where the contractor has quoted rates in rupees and no paisa
is mentioned the word “only” should invariably be added after the
words rupees and the corrections should be initialed and dated with
suitable remarks at the end.
8.3.15 Where the contractors have omitted to quote the rates in figures or in
words, the officers opening the tender should record the omissions on
each such page of the Schedule.
8.3.16 The contractors are required to quote rates in words including paise to
avoid chances of tampering in rates and if the contractor fails to do so,
the Tender Opening Officers should write the rates in words at the
time of opening of tenders under dated initials in addition to recording
the omission on the part of tenderer.
8.3.17 The Tender Opening Officers shall scrutinize the tenders to ascertain
whether any of these contain any conditions/stipulations by the
tenderer. If there is any covering letter attached to the tender, the
letter shall be initialed and dated by both the Opening Officers.
8.3.18 In case any tenderer has failed to total the amount of his tender, the
fact should be stated by the Tender Opening Officers in the Schedule
of Quantities and in the Tender Opening Register. If the rate for any
item in Schedule of Quantities is missing, the Opening Officer shall
insert a remark to that effect in the relevant place in Schedule of
Quantities and this fact should also be stated in Tender Opening
Register. The remarks shall be initialed and dated by the Tender
Opening Officers.
8.3.19 In the case of Percentage and Lump Sum Tenders, the Percentages
and Total Amount quoted should be read out to the tenderers as far
as possible. In the case of Item Rate Tenders the Rates and the total
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amounts worked out by different tenderers may be read out, if
requested by the tenderers present.
8.3.20 The Tender Opening Officers will be fully responsible for ensuring
that they sign the tender documents at all the places wherever
required as per these instructions before handing over the tender
documents to the designated officer of the Tender Cell. They will be
fully responsible for any consequences arising out of their failure to
sign the tender documents at the places required as per these
instructions.
8.3.21 At the time of opening of tenders, the Tender Opening Officers shall
initial and date in ink on every envelope and also at the following
places in every tender in addition to the places indicated in paras
above.
a) On the right hand top corner of the first page of the tender
document.
b) General Summary filled in by the tenderer.
c) Writing in different ink, and different hand-writing when
compared with the general writing.
Extensions and totals need not be checked by Opening Officers.
8.3.22 Each of the Tenders received shall be given a serial number. If (say)
6 Tenders are received, they should be numbered as 1/6, 2/6 etc.
8.3.23 The serial number of the tenders shown on the envelope shall be
shown along side the initials of the Tender Opening Officers on the
first page of the tender documents, covering letter and also on the
envelope(s) containing the Financial Bid.
8.3.24 If a blank tender has been received, the words ‘Blank Tender’ shall be
written on the envelop containing tender and the fact shall be noted in
the Tender Opening Register against the name of the tenderer
concerned. Similarly, if no tender is received the words “No tender”
shall be written against the name of the person / firm concerned to
whom a tender was issued. Similarly “Late Tender” or “Delayed
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Tender” should be written against the name of the concerned
Tenderer.
8.3.25 For the purpose of arriving at the number of tenders to be filled in the
Tender Opening Register, a blank tender shall be reckoned as a
tender received.
8.3.26 The Tender Opening Officers must fill up all information in Tender
Opening Register in the format given at Annexure 8.6.
8.3.27 The Tender Opening officers have to fill and complete the Proforma of
Tender Opening Register properly and the same has to be got signed
by all the tenderers / their representatives present and has also to be
signed by the Tender Opening Officers before handing over to the
Project Coordinator or his representative.
8.3.28 If for any exceptional reason a tender box is not opened at the
appointed time for opening of tenders, the fact shall be brought out in
Tender Opening Register giving reasons there for by the tender
Opening Officers. If for any exceptional reason there is time to clear
the box but not enough time to open the tenders, the fact with reasons
shall be brought out properly in the Tender Opening Register. The
key shall also be handed over to the concerned Project Coordinator
along with the unopened Packets of Tender Documents for safe
custody and for opening of the Packets on a subsequent date after
due advice to the Tenderers.
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compliance of the above instructions observed by him while taking
over the tender documents.
8.4 EVALUATION OF TENDERS
Following steps shall be required in evaluation of tenders:-
1. Preparation of Briefing Note on Technical Bids by Tender
Briefing Committee and its scrutiny by Project Co-ordinator as
per procedure explained in para 8.5.
2. Evaluation of Technical Bids as per procedure explained in
para 8.6.
3. Verification of authenticity of credentials relating to Work
Experience and any other documents as per tender provisions
submitted by the bidders whose Technical Bids are otherwise
found acceptable. This is a parallel activity to be done
simultaneously with the steps to be taken as per Sl. Nos. 4, 5 &
6 of this para. The project Coordinator concerned, however,
should ensure that before submission of recommendations by
the Tender Committee on financial bid to the Tender Accepting
Authority, verification of authenticity of Credentials/documents
of 'L-1' bidder is completed. The project Coordinator may make
use of fax/email or depute an officer not below the rank of a
Manager for verification of the credentials discreetly and
expeditiously so that tenders are decided within their validity.
4. Opening of Financial Bids as per procedure explained in para
8.7.
5. Preparation of Briefing Note on Financial Bids by Tender
Briefing Committee and its scrutiny by the Project Co-ordinator
as per procedure explained in para 8.8.
6. Evaluation of Financial Bids as per procedure explained in para
8.9.
7. No Post-tender modification by any tenderer shall be taken into
consideration. As regards suo-moto rebate / discount offered
by any tenderer after opening of tenders, provision in Para
8.9.1 and 8.10.9 will be applicable.
8. In case any of the self attested documents turns out to be
misleading or false, the EMD of the concerned tenderer will be
forfeited and Business dealings banned after following the
procedure laid down in Annexure VIII of Section I of RITES
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Standard Tender & Contract document. Such tender will not be
treated as a valid tender for the purpose of determining the
lowest tenderer.
8.5 PREPARATION AND SCRUTINY OF BRIEFING NOTE ON
TECHNICAL BID (APPLICABLE FOR BOTH SINGLE PACKET
AND TWO PACKET SYSTEMS)
8.5.1 A Briefing Committee consisting of two members - one from the
concerned SBU (An officer not below the rank of regular Engineer,
preferably AM) and one from Finance (not below the rank of regular
Junior Manager) shall be nominated by the concerned SBU Head or
his representative (not below the level of Project Coordinator) in
consultation with Finance. The committee will take over the tender
opening register and tenders received and go through the same. The
Briefing Committee will prepare briefing note as detailed below and
record the following certificate:
“We have personally gone through the Tender offers and we certify
that the Briefing Note and the Comparative Statement correctly reflect
the contents of the Tender Offers”.
The date up to which the Tenders are valid should be clearly marked
on the forwarding Note to the Tender Committee so as to keep a
watch on finalization of the tender within the validity date of tender.
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vi) Reference to approval of Tender Documents including NIT by
Competent Authority of RITES (Ref. SOP) or Tender
Document furnished by the Client and adopted after check by
RITES.
vii) Date NIT published in the News papers (when applicable)
viii) Date NIT / uploaded in RITES website.
ix) Date Tender Document uploaded in RITES website (where
applicable)
x) No. of tender papers sold
xi) No. of tenders, with breakup of those in hard copy supplied by
RITES and those submitted in the form downloaded from
website, received and Earnest Money Deposit envelopes and
Envelopes with Cost of Tender Document (where applicable)
opened.
xii) No. of tenders whose Earnest Money Deposit and / or cost of
Tender Document (where tender has been submitted in form
downloaded) not found in order with the names and addresses
of Tenderers ______
xiii) No. of tenders whose Earnest Money Deposit and Cost of
Tender Document where Tender has been submitted in form
downloaded from RITES website found in order and addresses
of tenderers and Tender No. allotted ______
xiv) No. of Delayed / Late Tenders received to be returned,
unopened, with names and addresses of Tenderers _____
xv) RTGS details of bidders.
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Salient details of offer by each tenderer (Those whose EMD and
Cost of Tender Document of Bids submitted in form downloaded
from RITES website are prima facie in order)
i) Name of tenderer
ii) Number allotted to the tenderer
iii) Technical Bid
a) Earnest Money Deposit
– Form in which furnished
– Amount of Earnest Money
– Validity Period
– Whether Earnest Money Deposit acceptable as per Contract
Conditions
b) i) Authority to Sign - Whether the person who has signed the
Documents has the necessary Authority to Sign
ii) Integrity Pact : Whether the Integrity Pact annexed to
Section I – NIT and Instructions to Tenderers, has been
signed by authorized representative of Bidder and duly
witnessed.
c) Qualification Information
(Supporting Data / Calculations to be annexed)
8.5.3 The Briefing Note should be scrutinized for its completeness by the
Project Coordinator before putting up the same to the nominated
Tender Committee (in cases where he is not the Tender Committee
Member). While forwarding Briefing Note to the Tender Committee, the
Project Coordinator shall also enclose statement of market rates of all
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major items and peculiar situations/circumstances, if any, relating to
the working conditions in the area where the work is to be executed,
so as to facilitate preparation of Market Rate Cost/Justified Amount, by
the Tender Committee, if required.
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the Technical Bids of such Tenderers. Similar action should be
taken with regard to Cost of Tender Document when the tender has
been submitted in a form downloaded from RITES website.
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Enterprise of Central / State Government the Tender Committee may
take action as indicated below, duly furnishing all relevant details to
the Tender Accepting Authority.
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Money and the unopened Financial Bid (in the case of a Two Packet
System).
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The date upto which the tenders are valid should be clearly marked
on the forwarding note to the Tender Committee.
8.8.2 The Briefing Note, besides details mentioned earlier, shall include the
following details:–
a) Discrepancies noticed in rates/amount quoted on BOQ Items:–
Item Rate Tender
l BOQ item numbers where rates in figures and words as well
as the amount for the item are given by the tenderer but the
unit rates in figures and words don’t agree with each other.
l BOQ item numbers where unit rates in figures and words
have been given but the amount for that item not given.
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c) Total Tender Amount
(To be made out from the details available in the Comparative
Statement)
In Percentage rate tender the comparative chart will show for each
Schedule the percentages above / below on RITES Estimated Cost as
quoted by the tenderer L1.
8.8.5 The Briefing Note should be scrutinized for its completeness by the
Project Coordinator before putting up the same to the nominated
Tender Committee in cases where he is not the Tender Committee
member.
8.8.6 While forwarding Briefing Note to the Tender Committee, the Project
Co-ordinator shall draw the attention of the Tender Committee to the
statement of market rates of all major items and peculiar
situations/circumstances, if any, relating to the working conditions in
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the area where the work is to be executed, the details of which were
forwarded to the Tender Committee in terms of para 8.5.3
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8.9.2.2 Reasonability of the rates of Tender received is to be seen and
commented upon by the Tender Committee. While analyzing tenders,
rates of tenders of similar nature of works accepted within about last 6
months may be ascertained without GST on works Contract. Similar
works shall mean works similar in nature, quantum, specification and
located in the near vicinity. If required, cost based on market rate
analysis may be prepared on the basis of market rates of all major
items and peculiar situations / circumstances, if any, relating to the
working conditions in the area where the work is to be executed, as
furnished by the Project Coordinator in terms of Para 8.8.6 above.
The cost assessed as justified based on value of similar works or on
market rate analysis as the case may be, should be compared with L1
offer and following action may be taken. On methodology for making
out Market rate analysis / justified rate analysis Para 4.9 may be
referred to.
ii) When L-1 offer exceeds the justified cost / market rate
analysis cost by between the aforesaid figures and 12%, L1
offer may be recommended for acceptance in cases of
urgency / emergency and for recorded reasons. In such
cases, detailed recommendations will be required to be given
to the Tender Accepting Authority analyzing the implications of
accepting L-1 offer with or without negotiation as against re-
tendering.
iii-a) When L-1 offer exceeds the justified cost / market rate
analysis cost by more than 12%, it should not normally be
recommended for acceptance.
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justified cost/market rate analysis cost, the tender should be
dealt with in accordance with (ii) above. If, however, even
after negotiations, the negotiated offer exceeds the justified
cost/market rate analysis cost by more than 12%, the
recommendation to the Tender Accepting Authority should be
for the Client to be advised on all the facts and the Client’s
decision taken on whether re-tendering should be done or due
to urgency / emergency requirements or for any other reasons,
the negotiated bid of L 1 may be accepted as such.
iii-b) When L-1 offer exceeds the justified cost / market rate
analysis cost by more than 12%, it should not normally be
recommended for acceptance. In such cases,
recommendation to the Tender Accepting Authority should be
for conducting negotiations. If, after negotiations, the
negotiated offer comes within 112% of the justified cost/market
rate analysis cost, the tender should be dealt with in
accordance with (ii) above. If, however, even after
negotiations, the negotiated offer exceeds the justified
cost/market rate analysis cost by more than 12% in the cases
where the Client is Indian Railways having awarded the work
to RITES on turnkey basis, the Tender Committee may
apprise to the Tender Accepting Authority all the facts and
recommendations be made for consideration and approval for
acceptance or re-tendering . However, after approval of the
Accepting Authority and before LOA is issued to the
Agency/Contractor, the Engineer-in-Charge need to inform
Ministry of Railways that after finalization of tender, work is
being awarded at Rs. _____ (Contract Price to be mentioned
here), which is higher than the approved estimates. Further,
Engineer-in-Charge shall ensure that in the LOA to be issued
to the Agency/Contractor, it should be mentioned that before
commencement of work or making any commitment for the
project, the contractor will seek confirmation from RITES to
commence the work. Agency request for commencement
should be approved by the Accepting Authority after Finance
vetting.
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iv) In case of all greenfield projects which are located at a
distance of more than 100 kms away by road from a town/city
with a municipality, corporation, cantonment board or notified
town area committee, etc., the figures of justified percentages
specified in paras 8.9.2.1 and 8.9.2.2 may be further relaxed
by upto three percentage points.
v) In case, on re-inviting open tenders for the 2nd or 3rd time, the
L1 offer continues to remain higher than 12% (15% in case of
greenfield projects described in para iv above) of the cost of
similar works accepted in recent past or the cost based on
market rates, then detailed reasons for the same should be
examined and all factors analysed, if required by discussions
with bidders. Persistent high rates even during 2nd or 3rd call
for open tenders may be a pointer to (a) comparison being
made with a dissimilar work (b) market rates being incorrect
due to non-consideration of transportation cost from source to
site (c) site conditions being difficult due to (i) inaccessibility (ii)
non-availability of water & power (iii) water-logging (iv) no
space for labour camp (v) encroachments on/near site (vi) law
and order problems etc. A report covering the above aspects
and suggesting remedial steps should be put up to the
accepting authority for apprising the client.
vi) When L1 offer is less than 85% of the Estimated Cost put to
tender, the Bid should be treated as undervalued. The Tender
Committee in its recommendation to the Tender Accepting
Authority may state that in view of Clause 1 of GCC, the bidder
may be asked to furnish Additional Performance Guarantee to
the extent the total quoted cost is lower than 85% of Estimated
Cost put to tender.
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submit its recommendations to the tender accepting authority. The
benefits under Public Procurement Policy for Micro and Small
Enterprises (MSEs) Order, 2012 are applicable to only Supply and
Service Contracts
8.9.2.4 All the members of the Tender Committee should furnish a certificate
in the tender evaluation report that the tenderer recommended by
them is not in RITES’ Negative List of Contractors and in case the
tenderer is a Joint Venture, the certificate should state that the JV or
any individual member of JV is not in the Negative List of Contractors.
Further, they should certify that none of them has any personal
interest in any of the tenderers who have participated. In addition, the
Tender Committee should furnish a certificate that none of the bidders
has claimed to be covered under the Public Procurement Policy for
Micro and Small Enterprises (MSEs) Order, 2012 in case no bidder
claims to be covered by the said order.The benefits under Public
Procurement Policy for Micro and Small Enterprises (MSEs) Order,
2012 are applicable to only Supply and Service Contracts
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8.9.2A Total amount quoted by valid L-1 tenderer should be compared with
the estimated cost put to tender. The estimated cost should be
prepared on the basis of the trend of tenders for similar works
accepted in the recent past duly updated for factors likely to affect the
cost. In such cases a variation of +/- 25% between the estimated cost
and the L-1 offer will be considered normal and the tender can be
considered for acceptance. Otherwise, the following action should be
taken:
i) When L-1 offer exceeds the estimated cost by more than 25% and up
to 40%, a rate analysis should be called from the L-1 tenderer. On
examination of the rate analysis, if the tender committee feels that the
rates given by the L-1 tenderer are justified, tender may be
recommended for acceptance. If the L-1 offer is higher by more than
40% as compared to the estimated cost, tenders should be
discharged and re-invited with the revised estimated cost.
ii) When L-1 offer is lower by more than 25% as compared to estimated
cost, the bid should be treated as unbalanced. The workability of the
rates should be assessed and commented upon by the Tender
Committee in its recommendations to the Tender Accepting Authority.
For this purpose, the Tender Committee may advise L-1 bidder to
produce detailed rate analysis for any or all items of Bill of Quantities
to demonstrate the inherent consistency of those rates with the
estimated cost. If on evaluation, rate analysis is not found to be
satisfactory, the bidder should be asked to furnish Additional
Performance Guarantee to the extent the total quoted price is lower
than 75% of estimated cost.
8.9.3A The Convener of the Tender Committee must ensure before
submission of recommendations to the Tender Accepting Authority
that verification of documents/credentials of L-1 bidder is completed
and suitable mention is made thereof in the recommendations of the
Tender Committee.
8.9.4A All the members of the Tender Committee should furnish a certificate
in the tender evaluation report that the tenderer recommended by
them is not in RITES negative list of contractors and in case the
tenderer is a JV, the certificate should state that the JV or any
individual member of JV is not in the negative list of contractors.
Further they should certify that none of them has any personal interest
in any of the tenderers who have participated.
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8.10 TENDER COMMITTEE’S RECOMMENDATIONS AND ACTION BY
THE TENDER ACCEPTING AUTHORITY
8.10.1 Where Accepting Authority is Client, recommendation of Tender
Committee may be put up direct to the Client.
8.10.2 The Market Rate Cost/Justification Statement to be prepared by
Tender Committee should be as per accepted norms, current and
realistic. Reasonability of the rates of tenders received is to be seen
and commented upon by the Tender Committee. Market rate analysis
is to be used as one of the means among other things for making
recommendation by Tender Committee and is not binding.
8.10.3 The recommendations of the Tender Committee should be carefully
considered and decision taken on acceptance or otherwise of the
same. In case any clarifications are required from the Tender
Committee the same shall be sought without delay.
8.10.4 In case, after receipt of tenders, it becomes necessary to forward the
tenders to a higher authority for acceptance due to the tender offer of
L-1 going beyond the power of original Tender Accepting Authority on
account of higher quoted rates, while forwarding tenders to the higher
authority, details like (a) validity period of the tender, (b) time already
taken for scrutiny and (c) balance period available should be
prominently indicated to ensure that there is no delay in processing of
tenders and decisions are taken well in time.
8.10.5 In case of tender where validity period has already expired, decision
to accept the same should be taken only after validity period is got
extended.
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8.10.8 The Tender Accepting Authority, should normally accept the offer of
L1, the tenderer who has satisfied the Qualification Criteria, (including
verification of authenticity of its certificates/credentials) whose tender
is unconditional and is in order in all respects and whose quoted
amount is considered reasonable. If the quoted amount is considered
unreasonably high, the Client should be consulted on whether, in view
of urgency, the tender can still be accepted or retendering done.
There are occasions when in response to call for open tenders, only
single tender is received. The Powers of Acceptance by RITES
officials to be applied will be under item of Schedule of Powers for
Open Tenders. In case of single tender received against a Limited
Tender, fresh tenders should be invited unless the work is very
urgent. Where the single response is proposed to be accepted, the
authority to accept the recommendation of the Tender Committee will
be as for a Single Tender prescribed in relevant item of SOP. In such
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cases, detailed reasoning for classifying the work as ‘Very Urgent’
should be recorded by the Tender Committee and the Tender
Accepting Authority in terms of SOP should specifically confirm its
acceptance of such a recommendation due to urgency of work.
8.14.1 The tender for works shall remain open for acceptance for a period of
90 days, or as stipulated in the Tender Document from the last date
of submission of tenders, unless it is got extended with the consent of
Tenderers.
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Registered Post Acknowledgement Due or Courier or Fax. It is
important to preserve the proof of sending the LOA and its delivery to
the tenderer. The LOA should, inter-alia, contain instructions to the
tenderer to furnish Performance Guarantee and Additional
Performance Guarantee (if applicable) within the period indicated in
Schedule F and the form indicated in Clause 1 of GCC. A copy of
the LOA (Letter of Acceptance) should also be endorsed to RITES
officials concerned and the following other officers:
8.14.3 The Tenderers whose tenders are rejected should also be sent written
intimation about the rejection.
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to Finance section concerned, it should be clearly mentioned that they
are based on approval of the tender by the Competent Authority of
RITES.
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8.16 REINVITATION OF TENDERS
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SECTION 9
EARNEST MONEY
9.4.1 (i) The Earnest Money of the tenderer whose Technical Bid is found
not acceptable, will be returned as soon as scrutiny of Technical
Bids has been completed.
(ii) After evaluation of the Financial Bids, the Earnest Money of
unsuccessful tenderers whose Technical Bids were found in
order will be returned within 28 days of the end of the Tender
Validity Period.
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(iii) The Earnest Money of the successful tenderer will be taken as
part of the Security Deposit as stipulated in Clause 1A of
Contract.
9.5.1 If any tenderer (a) withdraws his tender before expiry of the validity
period or issue of Letter of Acceptance whichever is earlier or (b)
makes any modifications in terms and conditions of the tender which
are not acceptable to RITES or (c) in case any information/document
which may result in the tenderer’s disqualification is concealed by the
Tenderer or any statement/information/document furnished by the
Tenderer or issued by a Bank/Agency/third party and submitted by the
tenderer, is subsequently found to be false or fraudulent or repudiated
by the said Bank/Agency/Third Party, then RITES shall, without
prejudice to any other right or remedy, be at liberty to forfeit entire
Earnest Money absolutely.
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be incorrect or false and to forfeit whole of the Earnest Money if the
quotationer, whose quotation is accepted, fails to commence the work
/ supply specified in the NIQ (along with changes in scope, if any) in
prescribed time or abandons the work / supply before its completion”.
9.5.5 In composite contract for dismantling of existing structure and
construction of new structures, the Contractor shall be required to
deposit caution money equivalent to 50% of the credit likely to be
obtained from dismantled materials before the site is handed over to
the Contractor. This Caution money shall be refunded after the cost
of dismantled material is finally recovered and the site is cleared by
the Contractor.
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SECTION 10
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good the deficiency to be valid for the same period as mentioned in
Para 10.2.
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time to time when contract period is extended under provisions of
clause 2 and 5.
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i) Formalities to be completed by RITES Officers
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10.8.2 Repayment / Retransfer of Security Deposit
Without the special orders of competent authority, no Security Deposit
/ Performance Guarantee should be repaid or re transferred to the
depositor, or otherwise disposed off, except in accordance with the
terms of the agreement.
Note : The depositor’s acknowledgement should be obtained in all
cases of security returned. When an interest bearing security is
returned or re-transferred, the acknowledgement should set forth the
full particulars of the security.
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authority. The recovery of overpaid amounts should be effected as
early as possible and the recovery should not be held in abeyance
during the pendency of arbitration proceeding.
10.8.5 Time Limit on Claims for Refund of Security Deposit
The claim for refund of security deposit is governed by the Limitation
Act. The period of limitation is 3 years commencing from the date the
right to due accrues. In the case of Security Deposit paid along with
the individual contract, the right to due would accrue under Clause 17
after the expiry of maintenance period or payment of final bill
whichever is later.
10.9 REFUND OF SECURITY DEPOSIT - GUARANTEE ON SPECIALISED
ITEMS OF WORK
The specialised items of work such as anti-termite treatment,
waterproofing work, providing kiln seasoned and chemically treated
wooden shutters etc., shall be entrusted to specialised firms or
registered contractors and the Contractors should be asked to give a
specific guarantee that they shall be responsible for removal of any
defect cropping up in such works within the guarantee period. The
typical form of the guarantee to be executed by the contractors is
given vide Annexures 10.1 and 10.2. The Security Deposit should
not be refunded till the Guarantee is executed by the Contractor for
Specialised Works. The SBU office shall, maintain a register in which
all such specialised works carried out in the SBU jurisdiction shall be
entered and which shall be reviewed by the SBU Head.
Date of completion:
Specifications in brief:
Rate paid:
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History of all defects with date when noticed during the guarantee
period, till handing over the completed works to the client along with
the Guarantee.
The history will help as a ready reference about the efficiency and the
quality of the work done by the firm.
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SECTION 11
11.1.1 Chairman and Managing Director (CMD) / RITES has full powers to
accept tenders and is authorised to frame rules relating to the calling
for, acceptance of the tenders and the general procedures connected
with the contracts. There are, however, certain general principles and
guidelines laid down for acceptance of tenders which are required to
be observed by subordinate authorities empowered to enter into
contract as per Schedule of Powers issued from time to time.
11.1.3 Terms of contract must be precise and definite and there must be no
room for ambiguity or misconstruction therein. In RITES, Standard
Contract Forms have been made out to avoid this contingency. The
alternative conditions, if any, given in the standard forms which are
not applicable to a particular contract should be invariably scored out.
In case where Standard Forms of Contracts are not convenient to be
used, legal and financial advice should be taken in drafting the
contracts before they are finally entered into. The Standard Contract
Forms are generally based on CPWD Forms and are to be used in all
cases of Works Contracts which are entered into by RITES as Agent
for and on behalf of Client or under Power of Attorney executed by the
Client in favour of RITES. The only exceptions will be where the
Client specifically requests for adoption of any other type of Contract
Forms such as those of Indian Railways, World Bank, MES etc.
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consequence of such relaxation. Due care of the interest of the Client
should be taken before agreeing to any relaxation in agreement or
contract. Save in exceptional circumstances, no work of any kind
should be commenced without prior execution of contract documents.
Even in cases where a formal written agreement is not made, no
order for supplies etc. should be placed without at least a written
agreement as to the price and other terms of agreement.
11.1.5 The terms of the contract once entered into should not be materially
varied without the previous consent of the authority competent to
accept tender / offer for the contract as so varied in terms of SOP. No
such variation involving payment to contractors by way of
compensation or otherwise outside the strict terms of the contract or
in excess of the contract rates, shall be authorised without the prior
approval of the Client as provided for in the Agreement between
RITES and the Client. A variation of the terms of contract which has
been approved by the Authority Competent to accept the tender shall
be made by writing “executed for and on behalf of RITES” by an
Officer who is authorised to execute the original contract under SOP.
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11.3 RECORDING OF DATE OF ACCEPTANCE OF TENDER IN THE
AGREEMENT
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The Accounts Section will be held responsible for any mistake which
is found subsequently after the agreement has been formally signed
by the Engineer in Charge. Also, the Engineer-in-charge should
ensure that before copies of the accepted agreements are forwarded
to the authorities concerned, they are complete in all respects.
11.5.3 No payment for the work done should be made to the Contractor till
the Contract Agreement has been signed by the Contractor and the
Performance Guarantee has been received.
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SECTION 12
12.1 CLAUSE 2
12.1.1 This Clause refers to recovery of compensation from the contractor for
delays and defaults on his part. This clause can be divided mainly into
three parts viz.
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Accepting Authority who may uphold the recovery at the original rates
or at reduced rates or completely waive off the same depending upon
the merits of each case. In such cases the decision of the Tender
accepting Authority communicated through the Engineer-in-charge
shall be final and out of purview of the Arbitration Clause.
12.1.5 The Engineer in Charge should identify delay in the execution of the
work at the appropriate stage and issue letter through registered /
speed post, courrier or fax to the contractor under clause 2 of the
contract indicating non-fulfillment of the progress of the work on
proportionate time lapse basis mentioned in clause 5 of the contract.
12.1.6 The Engineer in Charge should also give a notice through registered /
speed post, courier or fax to the contractor, so as to reach him before
expiry of the contract period, of his intention to recover the amount of
compensation. The notice should clearly mention the date on which
the stipulated time is going to expire and that the contractor should
complete the work on time otherwise he shall make himself liable to
recovery of compensation under clause 2 of the contract. The above
communication should be conveyed to the Contractor through Site
Order Book also.
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12.1.7 In case of tender accepted by an officer of higher status who has the
powers of granting extension of time, (Refer SOP) the Engineer in
Charge should, from time to time, apprise him of the facts about slow
progress of the work or its likely non completion on time. The decision
on levy of compensation and recovery of compensation should be
effected after internal decision on extension of time has been
obtained, by Engineer-in-Charge from such authority.
12.1.9 For Proforrma for intimating compensation under Clause 2, Para 13.9
of Section 13 may be referred to.
12.2 CLAUSE 3
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clause 3 of the Contract have been made out. Copies of these
model forms are at Annexures 12.1 to 12.5. As mentioned in
Para 12.2.1, action under Clause 2 can be taken in addition to
the above action under Clause 3. Para 13.9 may be referred to
in this connection.
ii) While making use of these forms, the following points should be
kept in view :
a) Model forms at Annexures 12.1 to 12.4 may be issued by
the Site Engineer only after taking approval of the
Engineer-in-Charge
b) Alternatives wherever not applicable should be deleted
and suitable additions made wherever considered
necessary.
c) While determining the contract under any of the sub
clauses (i) to (xi) of clause 3 for causes other than the
causes as mentioned in the standard form for “Show
Cause Notice”, suitable modifications may be made,
where necessary according to the requirements of the
case.
d) Final notice under clause 3 of the contract may, thereafter
be drafted and got approved by the Competent Authority
that accepted the tender. This acceptance is with
reference to financial limit as mentioned under the relevant
Item of SOP.
12.3 CLAUSE 5
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default in commencing execution of work within the stipulated date,
RITES shall, without prejudice to any other right or remedy available
in law, be at liberty to forfeit the Earnest Money and Performance
Guarantee absolutely. As soon as possible after the Contract is
concluded, the contractor shall submit a Time and Progress Chart for
each milestone and get it approved from the Engineer-in-Charge. The
Chart shall be prepared in direct relation to the time stated in the
contract documents for completion of the items of work.
12.3.2 The contractor shall, in all cases in which time allowed for any work
exceeds one month, (save for special jobs for which a separate
programme has been agreed upon) complete the work as per
milestones given in Schedule ‘F’. If however, he cannot complete the
work against any of the milestone (s) due to having been unavoidably
hindered in execution thereof, or on any other ground he can apply for
rescheduling of the milestones (s) and extension of time. The detailed
procedure of granting extension of time under this clause has been
dealt under Section 13 “Extension of Time”. Extension of Time is also
justified to the contractor for additional work for which quantum is
required to be worked out as provided in clause 12 of the contract.
The Engineer in Charge shall give a fair and reasonable extension of
time and reschedule the milestones for completion of the work.
Rescheduling the milestones will include changing the number of
milestones also. The opinion of the Engineer in Charge as to whether
the grounds shown for extension of time are or are not reasonable is
final. His opinion as to quantum of period of extension granted by him
is not however final and is arbitral.
12.3.3 The period during which the contract remains valid is a matter of
agreement and if the period originally set for the completion of the
work comes to an end, nothing short of agreement of the parties can
extend the subsistence and validity of the contract. When the period
fixed for the completion of the contract is about to expire, the question
of extension of the contract may be considered at the instance of the
contractor or RITES or of both. The extension, in order to be binding,
will have to be by agreement of both parties - express or implied. It
therefore, follows that if the extension of time is granted by the
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Engineer in Charge suo-moto and such extension of time is accepted
by the contractor either expressly or implied by his action, before and
subsequent to the date of completion, the extension of time granted
by Engineer in Charge is valid. It is, therefore, necessary that the
Engineer in Charge grants extension of time even when the contractor
does not apply for extension of time in order to keep the contract
alive. If the contractor refuses to act upon the extension granted by
the Engineer in Charge it will attract the provisions of clauses 2 and 3
of the contract.
12.3.5 Though there may be delays and lapses on the part of RITES, at the
same time there are also delays and lapses on the part of the
contractor. For such delays during the stipulated or extended period of
completion, the contractor is responsible and these are also to be
taken into account by the Engineer in Charge while recommending or
granting extension. To safeguard RITES interest, these lapses on the
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part of the contractor should invariably be clearly mentioned by the
Engineer in Charge while granting / recommending extension of time.
In granting extension of time a balanced view should be taken of the
delays on the part of the contractor, vis-à-vis delays of RITES. The
mention of the delays on the part of the contractor along with that of
RITES would ultimately help RITES in properly defending its position
against the claims of the Contractor for damages.
12.4 CLAUSE 7
The circumstances under which intermediate payments can be made
to the contractor have been explained in this Clause. The Engineer in
Charge should fix a date by which contractor should submit the bill
each month or any other period as decided by him. 75% of the bill
amount may be paid within 3/5 working days (depending upon
whether the work is in SBU HQ or outside) as indicated in the Clause,
after submission of the bill by the contractor to the Engineer in Charge
through the Site Engineer with all required details. Balance amount of
bill may be paid within 15 working days of presentation of bills. The
payment to the contractor shall be made normally only on submission
of the bill by him. While every effort should be made to make the
payment within the time laid down, the Contractor will not be entitled
to any interest due to delays in payment as laid down in this Clause.
In cases where the Contractor fails to submit the Bills, the Engineer-
in-charge can make out the Bill and make payment.
On the receipt of written request from the Contractor, and on the basis
of a certificate from the Engineer, interim advance payment without
detailed measurements for work done may be made @ 75% of the
assessed value. The advance payment so allowed shall be adjusted
in the subsequent running bill by taking detailed measurements there
of. If at any stage, it is found that the amount of interim advance
payment claimed by the contractor was excessive, this facility of
interim advance payment should be withdrawn.
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paid without prejudice to the right of the Employer to take action for
delays in completion of the work, under the terms of the Contract.
12.5 CLAUSE 8
12.5.2 The date of completion of work is the date on which it is finished and
not the date on which the final measurements are recorded by the
Engineer in Charge or his subordinates. It will therefore, be necessary
to note the date of its actual completion both in the bill of the
contractor as well as in the Measurement Book in which the last
measurements are recorded.
12.5.3 If the contractor fails to remove the scaffolding, surplus material and
rubbish etc. and does not clean up the dirt from the wood work, doors,
windows, walls, floors and other parts of the building etc, they should
be got removed at the cost of the contractor as laid down in this
clause. The completion certificate should not be given till the site is
cleared of all malba, rubbish etc.
12.5.4 The clause further states that, the certificate of completion shall not be
issued until the work is measured by the Engineer in Charge. The
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intention behind the provision is that all the measurements for works
shall be recorded in time. The measurements for works are the most
vital details, which get measured and accepted by both the parties.
Only by delaying the taking of measurements, by the Engineer in
Charge cannot of course delay the date of completion, since shelter
under this provision cannot be resorted to for the lapse by the party
taking advantage of it. If the contractor delays / avoids finalizing of
measurements, application of this provision will be reasonable.
12.5.5 The following will be clear from a careful study of provisions under
Clause 8,
(ii) The next step is for taking the Final Measurements duly recording
the actual Date of Completion in the Measurement Book.
(iv) The next step is that of preparation of Final Bill based on Final
Measurements in which the Actual Date of Completion of works
is recorded.
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incorporated in the works excluding the materials covered under
Clause 10CA of CPWD and / or wages of labour increased or
decreased over prices / Wages prevailing at the time of the last
stipulated date of receipt of tenders including extensions, if any.
Under this clause the Price Variation was applicable for the work
during the contract period including the justified period extended
under the provisions of clause 5 of the contract without any action
under clause 2. The increase should not be attributable to any delay
in the execution of the contract within the control of the contractor.
12.6.2 Clause 10CA of CPWD provided for varying the amount of Contract
due to increase or decrease in prices of various materials pertaining
to the work. This clause was applicable for allowing adjustment in
cost of work due to variation in prices of certain materials specified in
Schedule F constituting substantial part of the works.
12.7.2 Clause 10 CC may be made applicable only for contracts where the
Estimated Cost put to Tender is more than Rs.100 Lakhs, unless
otherwise desired by the Client. Whether Clause 10CC is applicable
or not should be indicated in Schedule F.
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12.7.3 The components of cement, steel, material, labour and POL as
percent of total value of work for every work will have to be pre-
determined and incorporated in the contract under Schedule 'E' as
given below.
XC Cement
XS Steel
XM Materials
Y Labour
Z POL
Total of percentages of XC, XS, XM, Y and Z will be 100. If there is
any difficulty in working out the percentages of different components,
the following may be adopted.
12.7.4 In respect of carriage works and for other development works such as
leveling etc. as well as sspecialized types of works, the Tender
Document approving authority may decide on the details of
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components to be considered and the percentages applicable for
each. In all cases, the components and the percentages as appearing
in the Contract will be applicable for working out the amount payable
to / recoverable from the Contractor towards Price Variation,
irrespective of the variation in components or percentages as
observed during the actual execution of work.
12.7.6 The Engineer in Charge will sanction the compensation for escalation
or deduction on account of de-escalation and the amount thus
sanctioned will be included in the next running account bill or final bill
as the case may be. The cost of work for which escalation/ de-
escalation is applicable / deductible shall be worked out as indicated
in Clause 10CC.
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date of completion or as prevailing for the period under consideration,
whichever is lower. Monthly Wholesale Price Index for Grey Cement,
Steel (Rebars), All Commodities and High Speed Diesel as published
by Economic Advisor, Ministry of Commerce and Industry,
Government of India as well as higher amount of Minimum Daily
Wages of unskilled adult male mazdoor specified by the Government
of India or Local Administration for the periods as stipulated, should
be ascertained by Engineer-in-Charge with relevant copies of official
documents kept on record. Where final indices/Minimum Daily Wages
are not available at the time of preparation of bill for Price Escalation,
provisional indices etc. may be used initially and the adjustments in
amount payable carried out through subsequent bills when the final
indices etc. are available.”
12.7.8 According to the Clause the cost of “Extra Items, Substituted Items
and Deviated Quantities paid as per Clause 12 based on prevailing
market rates” will be deducted from the amount of total work done
while working out the escalation amount. Therefore, the amount of
only those Extra/Substituted Items and of Deviated Quantities which
are based on market rates, are to be excluded while working out the
cost of work on which escalation is payable. The principle involved is-
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which is payable @97% of contract rate. However, no escalation will
be payable on the deviated quantities paid at market rates.
12.8 CLAUSE 12
12.8.1 Under this clause the Engineer in Charge has powers to make any
alterations in, omission from, addition to or substitution for the original
specifications, drawings, designs and instructions.
12.8.2 The Engineer in Charge is empowered under this clause to give the
necessary instructions to the contractor and the contractor is bound to
carry out the work in accordance with such instructions but the
following three conditions should be satisfied in the issue of such
instructions.
12.8.3 As regards the extra time for completion of the work due to deviations
in agreement items and altered, additional or substituted items, the
Engineer in Charge should determine the proportion that the algebraic
sum of deviated, altered, additional or substituted work bears to the
original contract work and certify for such portion. For substituted
items, the additional cost of modified component only is to be taken.
In all cases, payment towards Clause 10CC should not be
considered. He should extend the time for the completion of the work
according to such proportion plus 25% thereof. The proportion so
based on Market rate analysis determined by the Engineer in Charge
is final and the contractor cannot raise a dispute as to such proportion
and demand arbitration. However, if the contractor feels that the
period of extension given is, having regard to the proportion so
determined miscalculated, it is open to him to request arbitration
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under the relevant clause about the propriety or otherwise of such
period of extension.
12.8.4 Sometimes while sanctioning rates the Engineer in Charge gives the
impression to the Contractor that although he had recommended
higher rates, the higher level competent Authority had reduced them.
It should clearly be borne in mind that under the terms of the contract
it is the Engineer in charge who is the competent authority for
according such sanction and it should be so worded as to convey
clearly to the other party that the rates have been sanctioned by him
and not by or at the instance of the higher authority. Sometimes the
Engineer in Charge endorses copies of communication addressed by
him to the competent authority for sanctioning rates for certain items,
to the contractor concerned. This practice is irregular and is likely to
cause legal complications. All communications in connection with
fixation of rates etc. should be marked “Confidential” and copies
thereof should not be endorsed to the contractors or any other private
party. In reply to the communications of the contractors asking for
early settlement of rates, where rates are required to be examined
and sanctioned by higher authorities and the sanction is awaited, the
contractor should not be informed that sanction of the competent
authority is awaited. They should only be informed that the matter is
under consideration and is receiving attention.
When the contractor insists for a copy of the rate analysis, on which
his signatures are being taken, the same can be given without any
signature/endorsement of RITES official.
12.8.5 In the case of deviation in quantity of BOQ items beyond the Deviation
Limit, Clause 12.2 C of contract lays down that the rate payable for
such excess quantity upto the additional limit specified therein, will be
97% of BOQ rate for the respective item. For quantity in excess of
such specified limit, the contractor is required to claim revision of his
rate supported with proper analysis. On receipt of analysis of rates
from the contractor, the Engineer in Charge should arrange to get the
same checked and vetted and obtain approval of the Competant
Authority. There can be cases where the BOQ rate being high, the
Contractor may not be interested in approaching Engineer-in-Charge
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for revision of rate for the excess quantity. In such cases, the
Engineer-in-Charge can take suo-moto action to fix up revised rate.
As far as possible, the market rate analysis should be based on
coefficients given in the Standard Analysis of Rates of CPWD/Indian
Railways/Ministry of Transport etc. as applicable. The market rate
analysis is required to be done by the Controlling Site Engineer and
checked by Project Coordinator. Where there is likely to be some
difficulty in a single individual making out the analysis, SBU Head may
consider setting up a two member committee, one from Engineering
branch and another from Accounts. In cases where the Contractor
does not furnish his analysis of rates, payment should be effected at
the rate arrived at by Market rate analysis subject to a maximum of
97% of BOQ rate. Till the rates are fixed with the approval of the
Competent Authority, the Contractor may be paid at adhoc rate of
75% of BOQ rate. All out efforts should however be made to obtain
the approval of Competent Authority for the Revised rate at the
earliest.
12.8.7 For operation of this clause, the following points are to be kept in
mind.
i) There should be written order for Deviations in excess of the limit for
which rates have been fixed in the contract.
iii) The rates for deviated quantities beyond limits for which rates have
been stipulated in the contract, are to be based on market rate
iv) The work shall not be suspended on the plea of non settlement of
rate.
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v) It should be noted that the whole operation of Clause 12 is for
deviation in works which appear necessary in the execution of work
specified in the scope of work and not for carrying out major
modifications in Scope of Work, which should be taken care of by
either placing a Repeat Order as per provisions of para 17.8 or by
fresh tender.
12.9 CLAUSE 14
This Clause on “Carrying out Part work at risk and cost of Contractor”
had been deleted in RITES GCC 2008 Edition, having been merged
with Clause 3 which deals with the subject “When Contract can be
determined”.
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In case of Termination of Contract under item (i) above, the
procedure to be adopted has been stipulated in Clause 3 of
Contract. The Contractor is to be issued a Show Cause
Notice as per Proforma at Annexure 12.1, 12.2, 12.3 or 12.4
as applicable and a Notice of Termination as per Proforma at
Annexure 12.5.
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Clause 13 is to be applied where the Employer decides to
foreclose the full or part balance of the work since it is not
required to be carried out. Since there is no fault of the
contractor, the contractor is monetarily compensated though to
a limited extent only, to take care of his loss.
12.10 CLAUSE 16
12.10.1 Under this clause the Contractor may be required to make good the
defects in work at his own expenses or re-execute the work if it is not
in accordance with the specifications, designs etc. and the clause
authorizes the Engineer in Charge to offer lower rates to the
contractor for work done below specification, if the work so done
does not compromise structural stability and safety and is otherwise
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acceptable to RITES. Instructions on payment for substandard work
may be seen in Section 14 of this Document.
12.10.2 This clause empowers the Engineer in Charge to ask the Contractor
to rectify the defective work including during Defect Liability Period
and in the event of his failing to do so within the period to be
specified by the Engineer in charge in his demand, the contractor
shall be liable to pay compensation at the rate specified in clause 2,
while his failure to do so continues and in case of any such failure
the Engineer in Charge may rectify, remove or re-execute the work
at the risk and expenses of the contractor. Notice to contractor, of
the intention to recover compensation, is not necessary under this
clause.
12.10A CLAUSE 21
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12.11 CLAUSE 36
12.11.1 In order to effectively operate the provisions under Clause 36, the
Engineer in Charge should ensure that the Contractor is called upon,
immediately after issue of Letter of Acceptance, to intimate the details
i.e. name, qualifications, and address of the Principal Technical
Representative/Project Manager and Deputy Technical representative
or Deputy Project Manager required to be employed by him as per
terms of the contract and to ensure that properly qualified engineer/s
employed by the contractor is / are actually available at site to note
down the instructions conveyed by the representative of the Engineer
in charge in the Site Order Book or otherwise. The Contractor’s
Engineer should also be invariably present at the site of work for
supervision at all times when any construction activity is in progress.
The contractor’s Engineer should also be associated with the
measurement of important items of work. In addition, the contractor’s
Engineer shall be present at the site of the work whenever desired by
the Engineer in Charge. In this respect advance intimation shall be
given by RITES verbally or in writing. Suitable directions should be
issued to the Site Engineers to verify this during their inspection of
work and measurements recorded by the Site Engineer. It is also
essential that the certificate that a qualified engineer satisfactorily
employed by the contractor as per the provisions of clause 36 has
looked after the work during its execution is recorded by the Site
Engineer along with each running bill. Inspecting Engineers should
also verify the fact of employment during their visit of work.
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construction company can be treated at par with Graduate
Engineers for purpose of such deployment subject to the
condition that such diploma holders should not exceed 50% of
requirement of Graduate Engineers.
iii) Engineers deployed as per stipulation in the contract shall look
after only the work under contract and no other work and shall
be available fully during execution of the work
12.11.3 Requirement of technical staff for a work shall be decided and
stipulated in Schedule ‘F’ as per guidelines given at
Annexure 6.3. However, requirement of technical staff and their
experience can be varied depending upon the nature of work and in
case of composite works by Tender Approving Authority.
12.12 CLAUSE 42
12.12.1 Clause 42 (ii) and (iii) of Contract lays down that recovery at a
specified rate (higher than the normal issue rates) is to be made from
the Contractors for use of cement and steel in excess over the
quantity arrived at by theoretical calculations when the materials are
supplied by RITES. Such situations may arise in cases where the
Employer arranges bulk supply of materials and directs that the
Tender Document should provide for supply of specific materials to be
contractor free of cost or at fixed rates. The intention behind the
clause is that the Contractor shall get issued only the required
quantity of materials and if any such material remained unused at the
time of completion or determination of the contract, it has to be
returned to the Engineer-in-Charge. The clause specifically provides
that the cost of material not so returned shall be recoverable at the
rates as specified. The rates so specified form the reasonable
compensation for the breach of the provisions therein. Thus this
particular clause is not in the nature of penalty but provides for a
reasonable compensation. The aggrieved party for the breach of the
contract can receive reasonable compensation, not exceeding the
amount so named. The recovery rate specifically mentioned in the
particular clause for such breach is not the black market rate of
cement or steel but a contract between the parties provided as
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reasonable compensation for breach of the contract relating to the
excess issue of cement and steel, not returned by the contractor.
12.12.3 In a judgment, the Delhi High Court has upheld that recovery at
double the issue rate (existing in GCC at that time) for the quantity of
materials issued in excess over the quantity calculated on theoretical
basis under Clause 42 (ii) of the Contract is justified.
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12.12A CLAUSE 45A
12.13 Clause 47
12.13.2 The minimum insurance cover for physical property, injury or death
may be kept as Rs. 10 lakh per occurrence (or as provided in the
Contract) with the number of occurrences limited to four. After each
occurrence contractor will pay additional premium necessary to
make insurance valid for four occurrences always.
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12.14 PROFORMA FOR NOTICES TO CONTRACTOR UNDER VARIOUS
CLAUSES OF CONTRACT AND FOR COMPLETION
CERTIFICATES
Annexures 12.1 to 12.10 as detailed below give the Proforma of
Notices to be issued to the Contractor under various Clauses of
Contract. In these Proformae Engineer in Charge represents the
official of RITES who has signed the Works Contract with the
Contractor and Site Engineer is “The Engineer” as defined in clause 2
(vi) of Section -7 (Conditions of Contract) in RITES Standard Tender
Document which implies that Controlling Site Engineer who is in
charge of the work at site on behalf of Engineer in Charge.
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SECTION 13
13.1.2 The time allowed for carrying out the work as entered in the contract
shall be strictly observed by the contractor. In the LOA, reference is
given to the time limit as reckoned from 15 days or as mentioned in
Schedule F after the issue of LOA or first day of the handing over of
the site whichever is later. LOA shall not be issued unless part of site
adequate to execute the work in the first few months is available, with
the assurance that the balance site will be made available
progressively to enable completion of the work within the Scheduled
time.
13.1.3 The work shall, throughout the stipulated period of the contract, be
proceeded with all due diligence (time being deemed to be the
essence of the contract) on the part of the contractor.
13.1.4 To ensure good progress of the work during the execution, contractor
shall be bound, in all cases, in which the time allowed for any work
exceeds one month (save for special job), to complete the works as
per the milestones given in Schedule F under Clause 5 of contract or
as per the rescheduled milestones. However, for special jobs if a time
schedule has been submitted by the Contractor and the same has
been accepted by the Engineer in Charge the contractor shall comply
with such time schedule. This should be incorporated by an
amendment to the Milestones, if required.
13.1.5 The Tender Approving Authority shall approve the time schedule to be
stipulated for milestones in Schedule ‘F’ in the tender document. The
Engineer in Charge shall as far as possible review the progress of
work each month with all the concerned disciplines including the
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contractor. The factors affecting the progress shall be identified and
discussed and remedial measures taken, wherever required. Detailed
minutes of these meetings shall be issued. For larger projects, in
addition to the monthly review, the Engineer in Charge shall, in a
similar manner, specifically review in detail the progress of the work
just before the stages of 1/4th, ½, 3/4th and also about a fortnight
before completion of the stipulated contract period. Whenever
physical milestones have been specified in the tender document, the
detailed review may be carried out on the dates specified for such
milestones. While processing the extension of time for genuine
hindrances, Engineer in Charge should re-schedule the milestones for
the work appropriately, if required for the approval of the Competent
Authority for grant of EOT as per SOP.
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13.4 GRANT OF EXTENSION OF TIME WITHOUT APPLICATION
13.4.1 Based on Hindrance Register where adequate and proper grounds
exist, the Engineer in Charge can grant extension of time even in the
absence of application from the contractor under Clause 5.
13.5.2 Whenever any hindrance comes to the notice of the Site Engineer, he
should at once make a note of such hindrance in the register kept at
site and make a report to the Engineer-in-Charge within a week. The
entry of date of removal of hindrance should be made on the same
day as the cause of hindrance is removed. The Project
Coordinator/Engineer-in-Charge shall review the Hindrance Register
during every visit to the site. During such visits, the Project
Coordinator should workout the over-lapping period, net period of
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hindrance and weight age of each hindrance and the items of work
affected due to the hindrance. Alternatively, he may delegate such
authority to the Controlling Site Engineer. In such cases, the Project
Coordinator must review the Hindrance Register during each visit.
13.5.3 The Engineer in Charge shall decide the question of extension of time
within 15 days of receipt of application of the Contractor for extension
of time if it is within his competence.
13.6.1 In cases where the sanction of the higher authority to the grant of
extension is necessary, the Engineer in Charge should forward the
application as soon as possible and if the orders of the Competent
Authority (Tender Accepting Authority) are not received before the
expiry of original completion date or the previously extended
completion date, the Engineer in Charge should extend the Contract
before the stipulated date expires so that the Contract remains in
force but while communicating the extension of time, he must inform
the Contractor through a letter in the format at Annexure 13.2 that
this is without prejudice to RITES right to levy compensation under
Clause 2 of the Contract. The Tender Accepting Authority should pass
his orders on the application within 15 days of receipt of the same
from the Engineer in Charge.
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13.6.2 In case the Competent Authority decides to grant the extension
without levy of Liquidated Damages, the Engineer in Charge will
communicate the same to the Contractor in the format at Annexure
13.3.
13.6.3 The decision in regard to levy of Liquidated Damages for delay in the
execution of works in terms of Clause 2 of the Contract should not be
recorded in the Measurement Book of the work concerned.
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only after approval of the competent authority and of client, in case
the contract with client requires so.
13.8.1 When a contract has been broken, and if a sum is named in the
contract as the amount to be paid in case of such breach or if the
contract contains any other stipulation by way of compensation, the
party complaining of the breach is entitled, whether or not actual
damage or loss is proved to have been caused thereby, to receive
from the party who has broken the contract reasonable amount not
exceeding the one so named or as the case may be, the
compensation stipulated for.
139
Proforma is to be used in cases where it is proposed to allow the work
to be completed by the Contractor without terminating it. The
Contractor’s explanation for the delay in execution of the work should
be considered by the Authority Competent to levy Liquidated
Damages as mentioned in Schedule F. The Competent Authority may
decide to grant Extension of Time without levy of Liquidated
Damages. Then the Contractor may be advised accordingly through
a letter generally in the Proforma at Annexure 13.3. If the Extension
of Time is proposed to be given with levy of Liquidated damages, the
Contractor may be advised accordingly in the Proforma at Annexure
13.5. Where it is decided to terminate the contract, action can be
taken under both Clauses 2 and 3. As regards action under Clause 3,
para 12.2 may be referred to. For action under Clause 2, the
Contractor is to be issued Show Cause Notice in the Proforma at
Annexure 13.6 and final advice on Levy of Compensation in the
Proforma at Annexure 13.5.
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SECTION 14
14.1.1 The contractors are required to execute all works satisfactorily and
according to the specifications. If certain items of work are below
specifications, the Contractor should be asked to redo them according
to the specifications. During the progress of the work,
defects/deficiencies in the items of works are to be noted in time and
recorded in site order book. It will be the duty of the Site Engineer and
inspecting officials to point out such defects in the work in time during
the progress of the work. These defects should also be brought to the
notice of Engineer in Charge immediately, so that he may take timely
action to issue notices to the contractor either to rectify the defects or
even get the work dismantled and redone if necessary as per Clauses
3 and 16 of the contract.
14.1.2 Every attempt should be made to issue such notices regarding the
defective items during the progress of the work. Where however this
is not found feasible, the same should be issued within the prescribed
maintenance period. Timely action alone can prevent occurrence of
defects which will be difficult or impossible to rectify later on.
14.1.3 If the Contractor does not rectify the defect, the work should be got
redone or rectified by employing other agencies at the Contractor’s
cost in terms of clause 16 of Contract.
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be got rectified and if necessary redone. Acceptance of sub standard
work at reduced rates should be done only under exceptional
circumstances as they reflect poorly on the professional competence
of the field staff and adversely affect the image of RITES. Total value
of items at agreement rate, for which the sub-standard work can be
accepted in a contract shall not exceed 5% of the contract value for
contracts upto Rs. 20 crores and 3% of the contract value for
contracts above Rs. 20 crores or Rs.1 Crore whichever is higher.
Before a sub-standard work is accepted by RITES, the Engineer in
Charge after getting prior approval of competent authority should write
a letter to the contractor for and on behalf of RITES regarding
acceptance of the same and the provisional rates pending the
decision of the competent authority (Item 9.1 of SOP) with regard to
final rates. In reply to this letter the contractor should send his
consent for acceptance of the terms specified by RITES. For this
purpose two forms as per Annexures 14.1 and 14.2 may be used.
The decision of the Competent Authority (Item 8.3 of SOP) regarding
the quantum of reduction as well as justification thereof in respect of
rates for sub standard work which may be decided will be final and
would not be open to arbitration under Clause 25 of the agreement.
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SECTION 15
i) Issue to Contractor:
143
ii) It should also be ensured that description of the materials to
be issued should be adequately specified in order to obviate
chances of any dispute. For example, if cement is specified for
issue, its grade and colour, i.e. whether it is grey cement or
white cement, should be stated and also whether it will be in
bags or otherwise.
144
specific items of work for which materials are intended to be
issued by the Employer with detailed description of materials.
145
7) Stipulation of materials that are not available
RITES should not make any provision in the tender for the supply
of materials by the Employer to the contractors if the materials are
not available for issue from the Employer stores, or where they
cannot be arranged in time for issue.
15.2.1 It should be ensured that the materials are not issued to contractors
arbitrarily and without keeping an eye on the actual requirement at
site. It is essential that issues to contractors should be regulated and
restricted to actual requirements depending on the progress of the
work.
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The cement godown and the register should be checked by the
inspecting officials during their visit.
c) For additional safeguard, the following instructions should be
followed:
i) For all major works using cement, the contractor shall distinctly
display on a board at the cement store indicating the opening
balance on a particular date, receipt during the day, issue
during the day and closing balance at the end of the day (The
entries for receipts and issues shall be updated immediately on
physical receipt and physical issue and also at the end of the
day).
ii) While issuing an indent for fresh cement / steel, the balance
material available at the site should be checked. The Site
Engineer must record on the body of the indent, the balance of
such material available at the time and date of issue of the
indent which should be taken into account for further issue to
the Contractor.
iii) The cement / steel and other materials received on any
particular day, shall not be used in the work or transferred to
any other work for 24 hours from the time of receipt at site, to
facilitate physical check and verification by the Site Engineer.
Cement already available in the store at site should be
consumed first, before issue from the new consignment.
Similarly new steel items should be stacked in countable shape
before these are used, to facilitate physical check. The principle
of first in and first out in issuing cement bags should be strictly
followed.
iv) The recovery from the contractor shall be regulated as per
Clause 42 of the
contract.
15.2.4 For making comparison of the actual consumption of steel with the
theoretical consumption, each diameter of steel bars should be
treated as an individual item and check on theoretical consumption
should be applied to each diameter.
147
consumption, this should be properly investigated. If such issue
diameter wise / section wise or in total is very much higher than the
consumption, it should be generally ensured that balance steel is
available at site in good condition and this should be certified by the
Site Engineer. Any serious discrepancies noticed should be reported
to the Engineer in charge.
15.2.6 Similar precautions should be taken in the case of all other materials
issued by RITES.
15.3.3 The official holding stock of such materials shall maintain a proper
accountal of the issue to the contractor and return by him.
15.3.4 Where bitumen is supplied at a fixed rate, issue rate plus 10%
recovery should be made for supply in excess of permissible variation
over theoretical consumption. Where less than theoretical requirement
of bitumen is used, recovery at issue rate plus cartage should be
made for quantity consumed less as compared to theoretical
requirement of bitumen.
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15.4 RETURN OF SURPLUS MATERIALS
15.4.1 Where any materials for the execution of the contract are procured
with the assistance of RITES/ Employer either by issue from the
Employer’s stocks or purchase made under orders or
recommendations issued by the Employer, the contractor is required
to use the said materials economically and solely for the purpose of
the contract and not dispose of them without the written permission of
RITES and return, if required by the Engineer in Charge, all surplus or
unserviceable materials that may be left with him after the completion
of the contract or at its termination for any reason whatsoever . In
such cases the Contractor shall be paid or credited with such price as
the Engineer in charge shall determine having due regard to the
condition of the materials. The price allowed to the contractor
however shall not exceed the amount charged to him excluding the
element of storage charges. The decision of the Engineer in charge
shall be final and conclusive. In the event of breach of the aforesaid
condition the contractor shall, in addition to throwing himself open to
action for contravention of the terms of the contract and / or for
criminal breach of trust, be liable to RITES for all moneys, advantages
or profits resulting or which in the usual course would have resulted to
him by reason of such breach.
15.4.2 The exact proportion in which the materials are to be used by the
Contractor for which he has tendered for finished items of works is
laid down in the Specifications / Schedule of Rates. Theoretical
quantities of the materials which should have been used by the
contractor on execution of the work should be calculated according to
the Specifications/ Schedule of Rates provided in the contract.
According to clause 42 of the contract, difference of theoretical
consumption and the total actual issues, not returned by the
contractor, is to be recovered at the prescribed rate after allowing
variation permitted therein. Similarly the cost of the materials less
used, based on the stipulated issue rates etc. is to be regulated
according to the provision of the said clause.
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The excess consumption of materials beyond permissible limit as
given in Clause 42 of the contract will be recovered at normal
stipulated rate + 10% unless any other rate has been stipulated in
Schedule F.
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beyond the control of the contractor, i.e. floods, earthquakes, etc such
issues should be treated as legitimate consumption on works and
should not be charged at rates higher than the issue rates. On the
question whether redoing of work of rectification of defects had, in a
particular case, been necessitated by natural calamities etc the
decision of the Engineer in Charge will be final.
151
SECTION 16
152
general subject to materials under these Brands being easily
available in the area of work. For major items like cement and
steel, atleast four and if possible more, major reputed brands of
equivalent prices may be specified. In the case of specialized
items like Steel / Aluminium Doors / Windows, they should be
got fabricated from reputed workshops.
vi) When the work is in progress, for the materials like cement and
steel, the contractor should continue to arrange to supply to the
Engineer-in-Charge the test certificates from the
manufacturers.
vii) The Site Engineer will ensure that the mandatory tests are
carried out as stipulated in subsequent para 16.2 for the
stipulated materials / products. These tests are to be carried
out in the field or laboratory as indicated against each item. The
cost of materials / products and the entire cost of testing will be
borne by the contractor.
viii) In addition to the mandatory tests, the Engineer-in-Charge may
require other non-mandatory tests to be carried out on the
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materials / products. In all such cases, the contractor shall
supply the samples free of cost. The cost of such tests,
wherever carried out, however shall be borne by the
contractors/ RITES in the manner described below, unless
otherwise specified in the Conditions of Contract.
a) By the Contractor, if the results show that the material /
product does not
conform to relevant BIS Codes or other Specifications as
laid down in the
Contract.
b) By RITES, if the results show that the material / product
conforms to relevant BIS Codes or other Specifications as
laid down in the Contract.
16.2.1 CPWD Specifications 2009 as amended upto date lay down the
details of Mandatory Tests on materials and finished products.
Mandatory Tests as laid down are given in the enclosed Annexures
16.1 to 16.9 with brief details below. Details have been given in the
Anneuxres on the clauses / annexures of CPWD Specifications to be
referred to for the tests.
154
Chapter No. of Subject Material Annexure
CPWD
Specifications
ii) CEMENT
iii) SAND
iv) STEEL
ii) GRANITE
155
11 FLOORING i) TERRAZO TILES 16.8
iii) BITUMEN
iv) EMBANKMENT
UNDER OMC
CONDITIONS
v) BITUMINOUS
MACADAM
viii) CEMENT
CONCRETE
PAVEMENT (UNDER
CONTROLLED
CONDITIONS)
156
on “Sampling and Strength of Designed Concrete Mix” from IS 456 of
2000 is at Annexure 16.10. Number of samples of Concrete to be
taken out for testing depending on quantity of Concrete of a particular
Grade produced in a batch, has been indicated in Clause 15.2.2 of IS
456-2000. As mentioned in Clause 15.3, three test specimens
(Cubes) shall be made for each sample for testing at 28 days. As
given in Clause 15.4, the test results of each sample shall be the
average of the strength of three specimens. The individual variation
should not be more than + or - 15 percent of the average. If more, the
test results of the sample are invalid. The Acceptance Criterion on
Compressive Strength has been indicated in Clause 16.1 of IS
456:2000. In terms of this, the concrete shall be deemed to comply
with the strength requirements when both the following conditions are
met.
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16.4 NOMINAL MIX CONCRETE - ACTION IN CASE OF FAILURE OF
CONCRETE IN MANDATORY CUBE TESTS
Action to be taken shall be as indicated in Clause 5.4.10 of Chapter 5
of CPWD Specifications (Copy at Annexure 16.11.)
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SECTION 17
17.1 DEVIATION
Deviation means deviation in quantities of items, i.e. where there is
increase or decrease in the quantities of items of work in the
agreement. In other words, the nomenclature of item of work remains
the same but the quantities vary over those provided in the
agreement. The powers of the officers to approve such deviations in
quantities of agreement items are given in RITES Schedule of Power
(SOP). These powers, to be exercised with Finance Concurrence, are
for quantities including the limits provided in the Contract for which
rates have been stipulated in the contract.
17.2.3 The fact that the deviations are shown in the approved plans through
modifications should not be construed as having the sanction of the
competent authority. Prior concurrence of the Competent Authority as
per SOP should be taken for making deviations from the approved
plans, on the basis of which estimates have been framed and tenders
called for.
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17.2.4 Pending approval of the Competent Authority for revised rate payment
for the work done in excess of the quantity upto which unit rates
have been specified in Clause 12.2 of GCC will be allowed by the Bill
paying authority only at 75% of the Contract (BOQ) rate for that item.
Efforts should be made to obtain the approval of competent authority
expeditiously for the revised rate applicable to such quantity so as to
regularize the payment to the Contractor.
17.3.2 Substituted items are items which are taken up in lieu of those already
provided in the contract. These are generally with partial modification
in items of work in the contract. If an agreement item is completely
changed, the new item taken up in lieu of it is an Extra item.
17.3.6 The payment of extra item and deviation item beyond the permissible
limit for which rates have been stipulated in the agreement will be
worked out based on market rates prevailing at the time of
commencement of execution of these items. For substituted items the
agreement rate of the original item will be adjusted for the difference
in market rates of original and substituted items. (Refer Clauses 12.2
and 12.3 of Clauses of Contract)
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17.4 FIXATION OF RATES FOR DEVIATED / EXTRA / SUBSTITUTED
ITEMS
Rates in all these cases are to be worked out at market rates by the
contractor along with proper analysis.
161
17.7 DEVIATIONS IN QUANTITIES OF BOQ ITEMS
17.7.1 Deviation Limits (D.L.) for all items will be indicated in Schedule ‘F’ of
Contract Agreement.
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ii. Repeat Orders may be placed on the same party, with
finance concurrence, on the same rates, terms and conditions
as stipulated in the original contract. No repeat orders are
permitted in case the original contract is entered into on the
basis of a single tender.
iii. The date of Repeat Order will not be more than three months
after the completion of the earlier order.
iv. The SBU Head should satisfy himself that there has been no
downward trend in prices and should record a certificate to
this effect.
vii. The award value of Repeat Order shall not exceed 50% of the
original contract or Rs. Five Crores, whichever is less, in case
of works/supplies contracts and 50% of the original contract
or Rs. Fifty Lacs, whichever is less, in case of services
contracts in each case.
163
SECTION 18
18.1.1 The Contract Labour (Regulation and Abolition) Act, 1970 applies to
every establishment in which 20 or more workers are employed or
were employed on any day of the preceding 12 months as contract
labour and to every contractor who employs or who employed on any
day of the preceding 12 months, 20 or more workmen. The Act also
provides for registration of establishment and Licensing of
Contractors. Accordingly, every Principal Employer is to make an
application to the Registering Officer for registration of the
164
establishment. Section 9 of the Act lays down that no Principal
Employer of an establishment, required to be registered under Section
7 but which has not been registered within the prescribed time limit,
shall employ contract labour after the date.
18.1.2 It has been clarified by the Ministry of Labour that the 20 contract
labourers can be through one or more contractors and it does not
matter that a single contractor may not be employing 20 or more
contract workers. It is sufficient that a total of 20 contract workers
(through contractors) are working in an establishment of Principal
Employer.
18.1.4 The fees to be paid for the grant of Certificate of registration shall be
as prescribed under the Act. RITES will have the responsibility to
ensure that the Contractors comply with the legal requirements
mentioned above.
18.2.2 The list of Acts and Omissions for which fines can be imposed on
workers by contractors is given in General Conditions of Contract
under Proforma of Registers forming part of RITES Contractors
Labour Regulations.
165
18.3.2 It should be the duty of the Labour Officer to make enquiries about
non-payment of wages for preventing claims of Contractor’s labour
falling in arrears. For this purpose, it is essential that Labour Officer
should make frequent site inspections as this is the only way of
contacting labour in the field and thus preventing wages falling in
arrears. Any case of accumulation of arrears should be specifically
brought to the notice of Engineer in Charge.
18.3.4 The contractor shall also abide by the provisions of the Child Labour
(Prohibition and Regulation) Act, 1986. No labour below the age
specified in the Act shall be employed on the work.
18.3.6 When a worker is made to work for more than 9 hours on any day or
for more than 48 hours in any week he shall be paid overtime for the
extra hours put in by him at double the ordinary rate.
166
with a view to see that the contractor is duly fulfilling the conditions of
the contract.
18.4.2 In case a Site Engineer finds it difficult to take action on the advice
tendered by the Labour Officer for any reasons, the matter should
immediately be reported to the Engineer in Charge through Project
Manager / Project Coordinator and directions obtained from him.
18.5.2 It shall be the duty of the Contractor to ensure the disbursement of the
wages in the presence of the Site Engineer or any other authorised
representative of the Engineer in Charge who will be required to be
present at the place and time of disbursement of wages by the
Contractor to workmen.
167
18.5.3 The Contractor shall obtain from the Site Engineer or any other
authorized representative of the Engineer in Charge, as the case may
be, a certificate under his signature at the end of the entry in the
prescribed “Register of Wages” or the “Wage -cum- Muster Roll” as
the case may be, in the following form:-
“Certified that the amount shown in column No. ________ has been
paid to the workman concerned in my presence on ___ at _____
18.6.2 The Site Engineer shall arrange payments to the labour concerned
within 45 days from the receipt of the report from the Labour Officer or
the Engineer in Charge as the case may be.
18.6.3 The Contractors working for RITES are required to pay to the labour
employed by them either directly or through sub-contractors, Fair
Wage as defined in RITES’ Contractor’s Labour Regulations.
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SECTION 19
19.1.2 The Contractor cannot have recourse to a court of law for the redress
of his grievances, unless he has exhausted the channel of arbitration
as envisaged in relevant arbitration clause. Even if the contractor
goes to court, the Engineer in Charge should take a plea that the
contractor being a signatory to the agreement containing arbitration
clause, any dispute arising out of or in any way connected with the
execution of work has first to be settled by reference to arbitration.
19.2.2 The application form in triplicate duly filled in shall be submitted by the
Contractor to the Appointing Authority specified in Schedule F through
the Engineer in Charge. All the three copies of the application form
shall be accompanied by a statement of claims in the matter indicated
in the application form.
169
19.2.3 The party invoking arbitration clause should give information enough
to justify existence of a dispute. For this purpose the party has to give
details about the demand having been made and its refusal by the
other party. It is held by Courts of law that a “dispute” implies an
assertion of right by one party and repudiation thereof by the other.
Existence of a dispute is a condition precedent to arbitration. If there
is no existence of dispute, there cannot be any right to demand
arbitration.
19.3.1 The following steps should be taken by the officer nominated by the
Engineer in Charge with a view to properly defend the Arbitration
cases:
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iii) Keep original agreements, plans, designs including the
calculations for these, if available, details of measurements and
analysis of rates attached to the technically sanctioned
estimates, all the MBs connected with the work, Hindrance
Register, Site Order Book, Cement Register, Reinforcement
Registers etc. in safe custody of the Site Engineer along with
originals listed in para (ii).
iv) The measurement books should be closed.
v) All the files connected with the work should be properly page-
numbered stitched and sealed and kept by the Site Engineer
along with the above record.
vi) If there are important situations or circumstances, the details of
which are not available on the file but only known to the
executive staff, their signed statements regarding the factual
information should be obtained and kept on record, as after a
lapse of time, they may not be available for personal
discussions or they may be unable to recall past events.
vii) The Site Engineer may call the executive staff in charge of the
work from their new stations for any information that he may
need to collect by personal discussions, but only under orders
from the Engineer in Charge concerned.
19.3.2 If the work has been completed, the final bill should be prepared as
early as possible, in any case before the submissions are made to the
arbitrator. The Engineer in Charge / Site Engineer should ensure that
the bills are finalized immediately, if not already done.
19.3.4 A detailed note on the facts of the case dealing with each and every
item of the claims and / or counter claims should be prepared by the
Site Engineer along with reference to various relevant documents
supporting RITES case or negating the Contractor’s claim.
171
19.4 PROCESSING OF CONTRACTOR’S APPLICATION
19.4.1 The Site Engineer shall send one copy of the application of contractor
to Engineer in Charge for forwarding to the Competent RITES official
(Ref. SOP) with the under noted information, without waiting for a
reference from the Engineer in Charge, within 7 days from the date of
receipt of Contractor’s application in his office. Engineer in Charge
should send his report to SBU Head / Divisional Head / Director
without delay.
19.5.2 The person thus appointed shall be the sole Arbitrator and his award
shall be final and binding on all parties to the contract, unless it is set
aside by the Court.
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19.5.4 In cases, where no agreement exists or where no clause exists in an
agreement for referring the matter of dispute to the arbitration by a
person to be appointed by Divisional Head / Director in terms of SOP
Item 9.2 the disputes should not be referred to arbitration by mutual
consent and no agreement should be drawn up for this purpose.
19.5.6 The draft letter for appointment of new arbitrator due to transfer or
vacation of office by the old arbitrator shall be as per Annexure 19.3.
19.6.1 When the Arbitrator enters into reference and writes to the parties to
the contract to file the statement of facts and counter statement of
facts before him, the Site Engineer should take prompt action to
prepare the defence duly supported by adequate documentary
evidence and witnesses and arrange for submission to the Project Co-
ordinator who shall finalise the defence statement with the approval of
the Engineer in Charge and send to the Arbitrator by the date
specified by him.
19.6.3 The Engineer in Charge should invariably follow the time limit set by
the Arbitrator. However, in cases where they foresee some
unavoidable delay in adhering to the time limit they should explain the
position to the Arbitrator and obtain extension of time before the
expiry of the stipulated date.
19.6.4 a) It should be noted that any plea / objection with reference to any
requirement under the arbitration agreement, jurisdiction or any
other aspect not taken before the arbitral tribunal cannot be taken
before the Court of Law and a party shall be deemed to have
waived its right to so object. In this regard, provisions under
173
Section 4 of the Arbitration and Conciliation Act, 1996 are
reproduced below.
19.6.5 In case of arbitration proceeding where RITES have signed the Works
Contract with the Contractor for and on behalf of the Employer
(Client), it should be made amply clear to the arbitrator in the arbitral
proceedings that RITES is only the custodian of deposit funds
provided by the Principal Employer / Client / owner for disbursement
of payment to Contractors from time to time and under no
circumstances RITES can and will be able to pay the arbitration
award, if any, to the Contractor / Claimant on their own.
174
19.6.6 There is need for special care in fighting the arbitration cases on
behalf of RITES since once the Arbitrator gives his award, it will be
very difficult to get it set aside in a Court of Law except in
circumstances listed in sub sections (2) and (3) of Section 34 of
Arbitration and Conciliation Act, 1996. These sub sections basically
refer to items which do not have a bearing on the merits of the case
under Arbitration. As far as the merits of the Arbitration Award are
concerned, following is the legal position contained in a judgement of
the Supreme Court.
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19.7.2 However, the mere fact that legal counsel has not been able to attend
before the arbitrator for a particular date of hearing should not
ordinarily call for adjournment of whole case. In such circumstances,
the arbitrator may be requested to deal with the claims involving
technical and non legal points. For hearing on legal issues, the
Arbitrator may be requested to adjourn the case to another date.
19.7.3 In all cases, where the value of the claims is Rs.Ten lacs or more and
where legal matters are involved, a lawyer may be engaged to defend
the cases with the help of the Engineer in Charge concerned before
the Arbitrator. In all cases, which are defended by the lawyer, the
Engineer in Charge should be in touch with him from the very early
stage and should ensure that the dates and timings for hearings are
fixed by the Arbitrators to suit the availability of the lawyer. The
Engineer in Charge concerned should make it a point to contact the
counsel and discuss the arbitration case with relevant documents. A
copy of the detailed note made out by the Engineer along with copies
of the documents referred to therein should also be forwarded to the
lawyer with a draft counter statement / counter claims. Engineer in
Charge concerned should decide whether a particular arbitration case
be defended by himself or by the Project Co-ordinator/ Engineer and
with or without the assistance of the lawyer.
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19.8 PRODUCTION OF OFFICIAL DOCUMENTS BEFORE COURT /
ARBITRATORS
177
allegations by the claimant. In case a party fails to appear at hearing
or fails to produce documentary evidence, the Arbitrator may continue
the proceedings ex-parte and make the award based on the evidence
before him.
19.10 MAKING OF AWARD
19.10.3 As per the provision in the arbitration clause, in all cases the arbitrator
shall have to give the reasons for the award, against each claim.
19.11.2 Since, for filing objections against an award, the period of limitation
prescribed under the Arbitration and Conciliation Act, 1996 is three
months from the date of receipt of award by the party, the decision
regarding acceptance of an arbitration award should be taken by the
competent authority on priority basis.
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copy of the agreement, a copy each of the statement and counter
statement of facts and claims, a copy of the award, financial
statement and his comments to the Competent Authority for his
decision.
19.11.8 The arbitration award means the total award including the interest
awarded by the arbitrator. The amount of such interest is to be
worked out upto the date specified in the award. Therefore, the
amount of the interest has to be taken into consideration while
deciding the authority competent to accept the award. However, in
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case no fixed date is specified in the award and the interest is to be
paid upto the date of actual payment of award amount to the
contractor, the likely date of such payment may be taken into
consideration. There may be a situation that after acceptance of the
award by the competent authority, the actual payment to the
contractor gets delayed beyond the anticipated date due to some
unavoidable circumstances and the amount of interest increases to
an extent that the total amount of award exceeds the power of
acceptance of the authority that accepted the award. In such cases,
the payment may be made to the contractor as early as possible and
the case may be submitted to the next higher authority, competent to
accept the increased amount of award, for ex-post facto approval.
19.11.9 In cases where the decision taken is to challenge the award, the
award amount should not be deposited in the Court unless otherwise
directed by the Court. This is in view of the fact that the liability to
pay further interest does not cease even if the award amount is
deposited in Court.
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19.13 SETTING ASIDE OF AWARD
19.13.1 The question of challenging the arbitral award in a court of law
should be considered very carefully. Under Section 34 of Arbitration
and Conciliation Act, 1996, there are very few grounds available to
challenge the arbitral award as follows:-
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ii) the arbitral award is in conflict with the public policy of
India.
19.13.2 Since almost all the awards are interest bearing, the question of
depositing the awarded amount in the court should invariably be
examined by the Competent Authority (Refer SOP) to save payment
of interest. Engineer-in-Charge should give specific
recommendations in this respect while recommending challenging of
awards in the case of interest bearing awards.
19.13.4 If the award is found to be in order from all aspects, it need not and
should not be challenged. Legal proprieties and prudence demand
that such matters should be examined by a competent lawyer, if the
Competent Authority feels that there is a strong case for challenging
the Award. This reference for legal advice should be taken with least
delay.
182
waived and absolutely barred from the liabilities under the contract in
respect of these claims. In spite of above specific provision in the
arbitration clause, the Competent Authority should not withhold
appointment of arbitrator on the ground that the request was
received after the expiry of the specific period mentioned in the
relevant arbitration clause of the agreement, but should appoint the
arbitrator clarifying in the letter of appointment of the arbitrator that
the reference is without prejudice to the defence that may be raised
by RITES regarding the tenability of the claim on all necessary and
available grounds including those of Limitation and the parties to the
agreement will be free to raise the question of limitation before the
Arbitrator. While examining the request for arbitration from a
contractor or supplier or any claim in a litigation case, the Engineer-
in-Charge should examine whether the claim of the contractor is time
barred, in accordance with the provisions of the Limitation Act 1963.
This point should be taken into consideration in preparing the
defence.
19.14.2 The question as to whether any dispute had become time barred will
itself be a dispute which can only be settled by arbitration. The stage
of reference is not concerned with the question whether the claim of
the party to the arbitration agreement is barred by the Law of
Limitation and that question falls within the purview of the arbitrator
to whom the dispute is referred. The reference of the disputes, even
though seemingly time barred, would therefore be made to the
arbitrator. The parties would be free to agitate the question of
Limitation before the arbitrator, who would no doubt consider this
point and give his award. However, it can be clarified in the letter of
appointment of the arbitrator that the reference is without prejudice
to the defence that may be raised by RITES regarding the tenability
of the claims on all necessary and available grounds including those
on limitation.
19.14.3 In the case of any appeal before the Division Bench, the appeal is to
be filed within thirty days of pronouncement of judgement by the
High Court. If for any reason, delay occurs, the Court has to be
approached for condo nation of delay in filing the appeal, and RITES
183
has to explain the day to day delay, to the satisfaction of the Court.
Every care should therefore, be taken in handling such arbitration /
court cases and it should be ensured that timely and prompt action is
taken within the period of limitation.
19.14.4 There can be cases where RITES may have to file Arbitration claims
against the Client and in rare cases against the Contractor. It has to
be ensured that in such cases, the Arbitration Clause is invoked
before the period of Limitation expires. The period of limitation
commences from the date the cause of action for the claim arises.
For this purpose, the date when cause of action has arisen is when
the amount has been claimed by RITES in writing from the other
Party. It may be mentioned that such a claim letter should be issued
by RITES within the period, if any, stipulated in the contract with the
other Party. Issue of formal letter to the other Party for appointment
of Arbitrator / filing a suit in the Court of Law where there is no
Arbitration clause in the Agreement with the other Party, should be
done by RITES within the period of Limitation. On works Contracts,
RITES not falling under the definition of a Government Department,
the Period of Limitation is three years. Thus, if the other Party,
receiving letter of claim from RITES goes on corresponding with
RITES without giving any specific acknowledgement by it’s
Competent Authority accepting its liability to pay the claimed
amount, RITES should invoke the Arbitration clause by asking for
the claims to be referred for Arbitration or file a suit, as is applicable
within three years from the date RITES sent the claim letter. In
case, the other Party’ has categorically acknowledged its liability in
writing, a fresh period of limitation will start from the date of such
acknowledgement by the other Party. It may be noted that for
Government Department, the period of Limitation is 30 years and
hence if the Client is a Government Department, it can invoke the
provisions of Arbitration clause / file a suit against RITES within a
limitation period of 30 years, whereas RITES will have a Limitation
Period of only 3 years to pursue its claim against the Government
Department. On the Period of Limitation, there can be different legal
views as to when it commences and when it ends and hence, where
necessary, RITES should take legal advice.
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19.15 COURT CASES
19.15.1 Before any action is taken in a court of law against some party for
amounts due to RITES, a reliable report of its financial standing
should be obtained and simultaneously the expenditure likely to be
incurred to recover this amount should be carefully estimated so that
unnecessary expenditure on litigation may be avoided, where there
is no reasonable chance of recovering the judgement debts from the
party concerned.
19.15.3 The SBU Heads should therefore, see that all such cases are
reported to the Executive Director concerned as soon as a suit
against RITES is threatened by any aggrieved party or RITES itself
intends to file a suit against a contractor or third party. The first
report from the SBU Heads about such cases should give a brief
description of the case and the steps which are being taken or have
been taken for the proper defence or prosecution of the suit.
Thereafter, fortnightly reports on each such case should be sent to
the Executive Director detailing the progress of the case and further
action taken or to be taken for its defence or its successful
prosecution.
185
revision petition to enable the Executive Director concerned to come
to a decision whether an appeal / revision petition should be filed or
not. The appeal / revision petition should be filed, if it is decided to
be filed, within the time limit laid down by Law.
19.17.2 The decretal award amount of the claim vide item (i) above should
be debited in all cases to the works concerned and the charges
referred to the client. As regards (ii) also the amount should be
borne by the Client on whose behalf the work is undertaken on the
ground that the action of RITES was as agent and taken in the
interests of the work.
186
a self-contained note giving all the facts of the case and detailed
comments on the claims.
187
19.19 DISPOSAL OF OLD RECORDS
Norms for disposal of old records are at ANNEXURE 19.5. If there
is any arbitration or court case, the relevant records should be
retained till the final disposal of arbitration case / court cases
including appeals at various levels subject to minimum period
stipulated in Annexure 19.5.
188
SECTION 20
20.1.1 Records to be maintained at site and the purpose of each have been
given below along with the proforma. The records may be maintained
in the form of a register or in a file form. The Engineer in Charge who
has signed the Works Contract Agreement will arrange to supply the
bound registers / loose - sheets as the case may be. The records
should be maintained properly by the Controlling Site Engineers and
preserved for a period of 3 years after financial closure of the project
or up to the time all disputes / arbitration cases of the work are finally
settled, whichever is later. In the case of bound registers, machine
numbering of pages should be done to avoid tampering with the
same. In the case of files formed of loose sheets proper folio
numbering should be done. The registers / files should be reviewed
periodically by the Engineer in Charge and other inspecting officers
who should record their remarks. In no case will the register be
issued by the same official who is to record details on the same on
day to day basis as a Primary Record.
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b) Remarks may also be made in the note book regarding the
qualifications of subordinates, artisans and others employed by
the Contractor on the works, the satisfactory or unsatisfactory
operation of the contractors and in fact anything relating to the
works in progress which should be brought to the notice of his
superior officers, either being of general professional interest or as
requiring immediate action or order.
c) The dates of all inspections with a list of the works, and a
memorandum of the items inspected with details on various points
considered worthy of remarks, should also be given and these
note books should be considered as official records, to be
produced whenever called for by superior officers. They should be
neatly and systematically kept and indexed.
190
environmental issues, accountal, maintenance of records,
mandatory tests etc. All the visiting senior officers shall issue
inspection notes, follow up action on which may be properly filed
by Project Manager in one file. The instructions to be complied by
the contractor shall be carried on to the Site Order
Book/communicated to the contractor for ensuring compliance as
dealt in para 20.2 above.
1 As considered As considered
Upto Rs.
necessary necessary
20 Crores
1 1 As considered
20 to 100
necessary
Crores
191
level These represent most probable defects. Depending on time
available, the inspection may cover additional items for which
'CHECK LIST OF SPECIFICATIONS FOR CIVIL ENGINEERING
WORKS' issued by RITES may be referred to. ED / Divisional
Heads during the site inspection may give emphasis on the
workmanship of the contractor for improving overall delivery /
aesthetics.
f) The inspecting official after his work inspection shall submit the
following details to SBU Head. In case of SBU Head and above
being inspecting official, the details shall be submitted to his
controlling official.
1. Name of work:
2. Awarded value of work:
3. Name of Inspecting Official:
4. Date/Period of Inspection:
5. Designation of Inspecting Official:
6. Roll of Inspecting Official: Project Coordinator/Engineer –In-
Charge
7. S.No. of present visit to this work: 1st/2nd/3rd
8. Whether Check Features as per Annexure 20.2 of RITES
Guidelines have been checked? (Yes/No)
9. Whether site lab has been set up with necessary
instruments/equipments/testing machines: (yes/No)
10. Whether the records to be maintained at site of work as per
section 20 of RITES Guidelines are being maintained
properly/updated properly: (Yes/No)
11. Whether Technical staff to be deployed by the contractor (as
per clause no.36 of contract) are available: (Yes/No)
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12. In case of any shortcoming in above aspects, action proposed/
advised:
13. Any major deficiency found which requires immediate attention:
(Yes/No). If yes, same may be explained.
14. Remarks
This is a basic record for dealing with the application of the Contractor
for Extension of Time. Whenever any hindrance comes to the notice
of the Site Engineer or the contractor, a note of such hindrances
should be recorded in the Hindrance Register which can be a bound
one with pages machine numbered. The register should be reviewed
by the Project Coordinator / Engineer-in-Charge whenever they come
for inspection. The following points should be kept in mind while
entering the particulars in the register.
193
vii) Engineer-in-Charge / Project Coordinator from Project Offices /
HQ should review the Hindrance Register during their
inspection.
Just as in the case of cement, the present day contracts provide for
steel supply to be arranged by the Contractor. Through the storage
and accountal of steel will be the responsibility of the Contractor, it will
be necessary to keep a close watch on the actual consumption vis a
vis the theoretical requirement determined based on “Good for
Construction” drawings.
194
structurally sound, such defective work can be accepted at a reduced
rate. The detailed procedure to be adopted has been explained in
Section 14. This record should be kept in a register form with the
pages machine numbered.
195
the Site Engineer if the validity period is to be got extended, will rest
with the Accounts Wing in the office of Engineer in Charge who has
executed the Contract Agreement, the Site Engineer should also
maintain a copy of the Bank Guarantee in site and see that the validity
is got extended as required. The record should be maintained in the
proforma laid down, in a register form.
v) Workmen’s Insurance.
ll these cases of insurance, the amount and initial period are laid
down in the Contract which also provides for getting the insurance
cover extended for further period under certain circumstances. While
it will be the responsibility of the office of Engineer in Charge to keep
custody of the original policies and take action to pursue the
Contractor for extension of validity, a copy of the Policies should be
retained in the Site Office and the Site Engineer should keep in touch
with the office of Engineer in Charge and see that the Policy validity is
got extended as required. The record should be maintained in the
proforma laid down, in a register form.
196
Construction Drawings”. It is hence necessary to maintain the details
in the format laid down in a register form.
A separate file can also be opened with details in similar format for
non mandatory tests. As mentioned in Para 16.1.2 (viii) of this book,
the Engineer in Charge can get non mandatory tests on materials and
products carried out at his discretion. The details to be maintained in
file form will include all tests whether carried out in the site laboratory
or outside laboratory.
197
5 Cement Register 20.5
6 Steel Reinforcement Register 20.6
7 Non Conforming Items Record 20.7
8 Quality Audit Record 20.8
9 Site Coordination Meetings Record 20.9
10 Guarantee Bonds Records 20.10
11 Insurance Policies Record 20.11
12 Drawings Record 20.12
13 Mandatory Tests and Non-Mandatory 20.13
Tests Record
14 Paints / Chemicals Register 20.14
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SECTION 21
MEASUREMENT BOOKS
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percentage check by the Accounts Section under the supervision
of the SBU Head.
a) name of supplier,
b) number and date of the agreement or order,
c) purpose of supply in one of the following forms applicable to the
case:-
- stock (for all supplies for stock purpose),
- “Purchases” for direct issue to (here enter full name of work as
given in the estimate),
- “Purchase” for (here enter full name of work as given in
estimate)_______
for issue to contractor _______________ on ________________
d) date of written order to commence supplies,
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e) date of actual completion of supplies, and
f) date of measurement.
21.1.6 For recording measurements and also for preparing abstract, the
agreement item no. both in words as well as in figure should be given
neatly, instead of writing the description of the item in full or in
abbreviated form which would not be necessary.
21.1.7 In case of extra / substituted item of work that is not covered in the
agreement, the full nomenclature shall be reproduced in full in the MB
and in the bill form.
21.1.8 The full nomenclature of all the items shall be adopted in preparing
abstract of final bill in the measurement book and also in the bill form
for final bill.
201
the certificate of a responsible officer (not below the rank of Assistant
Manager/ Engineer, if specially authorised) to the effect that not less
than the quantity of work recorded in MB has actually been done and
that the measurements are from plans or are approximately
estimated. The signature of the contractor or his authorized
representative should be obtained in the measurement book for each
set of measurements.
202
c) The above instructions will not apply in cases when the
Contractor is to submit completed measurements to RITES as
detailed in Para 21.6.
21.1.13 The pages of the MBs should be machine numbered. Blank pages,
if any, without machine numbering should be cancelled by a
diagonal line and dated and initialed by the Measurement Book
Issuing Officer. Entries should be recorded continuously and no
blank page left or torn out. Any page or space left blank inadvertently
should be cancelled by diagonal line, the cancellation being attested
and dated. This is to ensure that no entry is inserted later. In cases
where “part rate” is proposed for any items, brief reason for the
same should be recorded in the Measurement Book. In such cases
the quantities should be correctly indicated based on measurements
and payment made at less than BOQ rates.
203
Contractor in case of work carried out by contract, sign in token of
checking and should then place the measurement book and the bill
before the Controlling site Engineer, who, after comparing the two,
should sign the bill and the measurement book at the end of the
abstract. From the measurement book all quantities should be
clearly traceable into the documents on which payments are made.
When a bill is prepared for a work or supplies, every page containing
the detailed measurements must be invariably scored out by a
diagonal red ink line. When the payment is made, an endorsement
must be made in red ink, on the abstract of measurements, giving a
reference to the number and date of the voucher of payment.
204
i) On actual weight basis for bars upto 10mm dia and
ii) On standard sectional weight basis for bars above 10mm dia.
In the case of latter the measurements should indicate the total
number with length of bars in each bundle, total number of
bundles, standard weight per running meter, weight of each
bundle, total weight of all bundles etc. The entry should not be
a copy form the invoice issued by the firm. The issues will also
be made in the same manner in the two cases.
21.2.4 A collective record of all the checks carried out from time to time will
be prepared in each measurement book in the following tabular form:-
i. Date of check
ii. Page recording measurements subject to test check
iii. Item description and Number, Test Checked
iv. Value of measurements checked
v. Result of the check exercised
vi. Dated initials and designation of the checking officer.
205
21.2.5 The Format of Test Check statement to be filled and submitted with
each RA bill/Final Bill is given at Annexure 21.6
21.3.2 Before starting the earth work, the following steps should be taken:-
206
levels as per final execution of the work should be compared with the
proposed formation levels and work got rectified within permissible
tolerance.
21.3.5 Every fourth running bill and the final bill should be paid on the basis
of levels.
21.3.7 In case of large scale leveling works involving both cutting and filling,
an accurate site plan should be prepared before the work is
commenced. The portions requiring cutting and filling shall then be
divided into squares and corresponding squares into filling, which are
complementary to the squares in cutting given the same number. A
table may be written upon the plan showing leads involved between
the various complementary squares. This would form a lead chart for
the work to be done. Before the work of leveling is commenced, the
lead chart shall be checked by a responsible officer of RITES as
indicated in Annexure 21.2 in presence of the contractor or his
authorized representative and his signature shall be obtained on the
same. This should form an integral part of the contract and should be
duly signed by both the parties before commencement of the work.
The quantity payable for earthwork shall be lower of the quantity
derived from cutting or filling. The payment for lead shall be based on
lead chart prepared in the aforesaid manner.
21.3.8 In case of earth to be imported, the area from where the earth is to be
imported, should be carefully predetermined before the start of the
work and wherever feasible, average lead should be worked out and
stipulated in the tender. After this is determined, initial levels of this
area should be recorded along with the initial levels of the area to be
filled. The levels should be properly checked during the progress of
work and on completion, measurements of earth work should be
recorded in both places to determine correctly the earth excavated
and carted. Payment for the earth work shall be made on the basis of
207
the lesser of the quantity in filling or cutting. Distances between the
two places should be measured correctly which should also be test
checked.
208
has been done / proposed through the current Bill. The proforma in
which Abstract is to be made out is at Annexure21.5. This Abstract is
to be recorded in the M.B. on the format stipulated, in a manuscript
form.
(1) In works of estimated cost put to tender of Rs.15 lakh and above,
subject to approval of SBU Head, the conventional Measurement
Books may be replaced by a bound volume of computerized
measurements to be furnished by the contractor, duly machine
numbered for the pages, and with an MB number given by the SBU
Office. The pages of these Measurement Books shall be of A-4 size.
All these Measurement Books belonging to a SBU shall be serially
numbered, and a record of these Computerised Measurement Books
shall be maintained in a separate Register in Form at Annexure
21.1.
(2) The same format as in existing Measurement Books shall be used for
the Computerised Measurement Books. The measurements shall be
carried forward from the previous recorded measurements as per the
existing procedure.
209
Engineer-in-charge the corrected computerized measurements in
the form of a book, duly hard bound in red colour on the lines of
the conventional Measurement Books now in use, and with its
pages machine numbered.
210
the NIT / contract, for the purpose of reference and record in the
various offices of RITES.
211
SECTION 21 A
21.1A GENERAL
212
21.1.4A The Computerized Measurement Books (CMBs) and bills are to
be submitted by the contractor. Accordingly, the contractor
should be required to submit each bill with the following entries–
f) date of measurement.
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along with rates paid in previous bill, proposed in current bill and
corresponding amounts.
21.1.6A The contractor shall submit separate soft and hard copies of
Measurement Books containing details of measurements and a
separate soft and hard copy of abstract of measurements. For
recording measurements and also for preparing abstract, the
contractor shall be required to use black font with standard type
and size. Change of font type, size (font size 12) and colour shall
be seen as violation of billing procedure. The contractor shall be
required to certify that there are no hidden cells in the
computerized measurement books. The Site Engineer shall check
100% of measurements and abstract. In case, the
measurements/abstract submitted by the contractor needs
corrections, the same shall be carried out in ink by the site
engineer and the soft copy along with the corrected hard copy
returned to the contractor (after keeping a photocopy/scanned copy
of corrections carried out) with the direction to re-submit the soft
and hard copies of MBs after incorporating the corrections. This
process may have to be repeated till no more corrections are
required. Project Manager (Controlling Site Engineer) shall verify
the correctness of the contractor’s certificate regarding no hidden
cells. He will carry out test-checking of measurements and check
all calculations and correctness of all engineering formulae used in
calculating the quantities. Description of item with item number is to
be entered in full text while recording the abstract. However, while
recording the measurements, item number and description in
abbreviated form can be made. PC at HQ will ensure the checks in
CMBs as brought out above have been carried out by the
Controlling Site Engineer before sending it for finance vetting. The
Site Engineer shall be responsible for the explanatory notes /
calculations made under description/ particulars column. The site
Engineer shall also be responsible for the correctness of the
formulae applied for the purpose of calculation of the quantity for
area/volume wherever required. Finance shall ensure the
arithmetical checks for the area / volume / quantities calculated and
the correctness of the quantities carried over to the Abstract and
calculations of the Abstract.
21.1.7A In case of extra / substituted item of work that is not covered in the
agreement, the full nomenclature shall be reproduced in full in the
MB and in the bill form.
214
21.1.8A The full nomenclature of all the items shall be adopted in preparing
abstract of final bill in the measurement book and also in the bill
form for final bill.
215
action to get the objection withdrawn by getting the measurements
checked in presence of the contractor / his representative.
21.1.12A All pages of the measurement book shall have header giving the
name of work, contract package in abbreviated form and the footer
shall be numbered. Entries should be recorded continuously and
no blank page left or torn out. Any page or space left blank
inadvertently should be cancelled by diagonal line, the cancellation
being attested and dated. This is to ensure that no entry is inserted
later. In cases where “part rate” is proposed for any items, brief
reason and rationale for arriving at part rate should be recorded in
the Measurement Book. In such cases the quantities should be
correctly indicated for each part rate (in case of more than one rate
assigned for the same item) based on measurements,
21.1.13A In case the contractor records measurements even for works which
have been executed inconsistent with stipulated specifications, the
amount worked out for such works should be disallowed or kept
under hold with suitable remarks, giving details of defective work,
or for any other reason, for which the work carried out by the
contractor is not being allowed or the payment being kept under
hold till the inconsistency is rectified.
21.1.14A The contractor shall submit the Measurement Books containing all
measurements along with Abstract Measurement Book and the Bill.
The Site Engineer should then check the correctness of
engineering formulae applied and also the calculations of quantities
and their carrying overto the abstract and to the bill furnished by
the Contractor. Each quantity included in the abstract for payment
should have linkage to the MB containing measurements of
respective item of work. Quantities having wrong or missing linkage
shall not be allowed for payment in the bill. Bills having wrong or
missing linkage or ad-hoc entries of quantity in the abstract shall be
treated as non-compliant to laid down procedure and responsibility
for lapse shall be fixed for slackness in duty.The Site Engineer
should sign in token of checking and should then place the
measurement books, Abstract MB and the bill before the
Controlling Site Engineer (if posted), who, after thorough checking
of the same should sign the bill and the measurement book at the
end of the abstract and forward the MBs, Abstract MB and the Bill
to the Project Co-ordinator in the SBU. The Project Co-ordinator
shall check the bill from all contractual stipulations including the
216
contract with the client. After checking, the Project Co-ordinator
shall forward the bill to the Associated Finance of the SBU. The
Finance shall check from the measurement booksthat all quantities
should be clearly traceable to the documents on which payments
are made. When a bill is prepared for a work or supplies, every
page containing the detailed measurements must be invariably
scored out by the Associated Finance of the SBU in diagonal line
in red ink when payment is made, An endorsement must be made
in red ink, on the abstract of measurements by the Finance giving
reference of the number and date of the voucher of payment.
21.1.15A Soft copy of the bills shall be e-mailed by the Controlling Site
Engineer to the Project Co-ordinator in SBU office in advance for
checking. Hard copy of the bill including measurement Books,
Abstract MB and other documents should be sent only by
Registered Post or courier. In case of urgency, bills can be sent by
Special Messenger. Under no circumstances bills shall be sent
using contractor’s resources.
II. On standard sectional weight basis for bars above 10mm dia.
In the case of latter, the measurements should indicate the total
number with length of bars in each bundle, total number of
bundles, standard weight per running meter, weight of each
bundle, total weight of all bundles etc. The entry should not be
a copy from the invoice issued by the firm. If stipulated in the
contract, steel will be issued in the same manner in the two
cases.
217
21.2.2A The individual items test checked should be clearly shown in the
Measurement Book and the result recorded by the officer
concerned. The items thus checked should be attested by the
dated initials of the Checking Officer.
21.2.3A A test check statement should be included with each bill giving
details of total amount & quantity billed against each item and
percentage test checked giving reference to page nos of MB for
each item. The format of test check statement shall be included in
each measurement book by the contractor in the following tabular
form:-
i. Date of check
ii. Page recording measurements subject to test check
iii. Item description and Number, Test Checked
iv. Value of measurements checked
v. Result of the check exercised
vi. Dated initials and designation of the checking officer.
21.2.4A The Format of Test Check statement to be filled and submitted with
each RA bill/Final Bill is given at Annexure 21.6
21.3.2A Before starting the earth work, the following steps should be taken:-
218
iii) Circuit should be closed by taking final levels of the starting
point or any other point, the R.L. of which was previously
determined,
iv) Plans showing initial levels, locations of bench marks and
reduced levels should be prepared and signed by both the
parties and attached to the Level Book / MB. Work should be
done according to the specifications.
21.3.5A Every bill should normally be paid on the basis of levels. However,
with the approval of Engineer-in-Charge, alternate bills can be paid
on the basis of approximate quantities.
21.3.7A In case of large scale leveling works involving both cutting and
filling, an accurate site plan should be prepared before the work is
commenced. The portions requiring cutting and filling shall then be
divided into squares and corresponding squares into filling, which
219
are complementary to the squares in cutting given the same
number. A table may be written upon the plan showing leads
involved between the various complementary squares. This would
form a lead chart for the work to be done. Before the work of
leveling is commenced, the lead chart shall be checked by a
responsible officer of RITES as indicated in Annexure 21.2 in
presence of the contractor or his authorized representative and his
signature shall be obtained on the same. This should form an
integral part of the contract and should be duly signed by both the
parties before commencement of the work. The quantity payable
for earthwork shall be lower of the quantity derived from cutting or
filling. The payment for lead shall be based on lead chart prepared
in the aforesaid manner.
21.3.8A In case of earth to be imported, the area from where the earth is to
be imported, should be carefully predetermined before the start of
the work and wherever feasible, average lead should be worked
out and stipulated in the tender. After this is determined, initial
levels of this area should be recorded along with the initial levels
of the area to be filled. The levels should be properly checked
during the progress of work and on completion, measurements of
earth work should be recorded in both places to determine
correctly the earth excavated and carted. Payment for the earth
work shall be made on the basis of the lesser of the quantity in
filling or cutting. Distances between the two places should be
measured correctly which should also be test checked.
220
21.3.10A Similar procedure as in Para 21.3.8A should be followed while
recording measurements of disposal of earth.
21.4.1A For each bill scanned copy of certified bill after payment, may be
got e-mailed to the contractor by the Project Co-ordinator and the
bill should be archived by getting it scanning it including all its
relevant documents.
221
SECTION 22
PAYMENTS TO CONTRACTOR
22.1.2 Ordinarily, running payments shall be made monthly with billing not
less than the stipulated minimum amount as per terms of the
contract, unless specifically authorized otherwise by the Engineer in
charge in specific cases. The stipulations in Schedule ‘F’, if different
to the above provisions, will prevail. While fixing the minimum amount
for billing per month, it should normally not be less than half the
average monthly value of contract (i.e.) contract value divided by the
stipulated period in months. However, the minimum amount for billing
per month in Schedule-F at the time of preparation of tender, can be
decided by Tender Approving Authority as per the requirement of
work.
222
22.1.3 The Project Coordinator should maintain a register to keep a record of
the monthly running payments made to the contractors in respect of
contracts in the proforma prescribed in Annexure 22.1. As and when
a bill is submitted, the same shall be entered in this register. The
register should be reviewed by the SBU Head regularly to ensure that
payments are being made to the contractors in time. If any objection is
raised by the SBU Accounts Unit for payment of a particular item or
rate in any bill, the Engineer-in-Charge should make up his mind and
pass final orders then and there whether the item on which objection
has been raised should be allowed or not with or without modification
of the proposed rate and if it is not to be allowed then the item should
be deleted from the bill but in no circumstances the payment should
be delayed. The register should be posted at the time of making
monthly running payment to the contractor.
22.3.1 The following time schedule for payment of bills and issue of
completion certificates has been prescribed in various Clauses of
Contract.
223
Issue of completion certificates for Within 30 days of receipt of
works Contractor’s notice
(Clause 8). May be “Provisional” or
“Final”
Submission of final bill by the Within one month of the date of the
contractor final certificate of completion
furnished by the Engineer-in-Charge
or three months of the physical
completion of the work whichever is
earlier(Clause 9)
Payment of final bills for Works up 3 months of receipt of final bill from
to Rs. One Crore the
contractor in the office of Engineer-
in-Charge
(Clause 9)
Payment of final bills for works over 6 months of receipt of final bill from
Rs. One Crore the Contractor in the office of
Engineer-in-Charge. (Clause 9)
22.3.2 Though the above time lines are as per relevant clauses of contract,
for processing and release of the payment of final bills for works
having Tendered Value more than Rs. 1.00 crore, the following
timelines are to be adhered to by RITES staff in cases where RITES
supervises the work and releases the payments to contractors from
fund deposited by client:
224
22.4 INSPECTION OF WORK NEARING COMPLETION / AFTER
COMPLETION
22.4.1 Before the work is declared as completed in all respects and final
payment is released to the contractor in respect of the following
works, it has to be inspected by the Engineer-in-Charge as far as
possible. Failing this, the inspection will be done by the Project
Coordinator in SBU office.
22.4.4 In the case of works whose contract value is less than the above
mentioned values, the Controlling Site Engineer has to record similar
certificate.
225
22.5 COMPLETION CERTIFICATE
22.5.1 An attested copy of the completion certificate will be attached with the
office copy of the final bill of the contractor and remain on the record
of the SBU. Engineer-in-Charge shall not make final payment till this
certificate is recorded, and attached to the office copy. This certificate,
however, will in no way reduce the responsibility of the Engineer-in-
Charge and Accounts Officer of SBU office for due check of the work
and the bill as required by this Guide book.
226
wherever possible, present his bill duly receipted and
discharged through his Bankers.
Before signing the first and final bill/running account/or the final bill,
the SBU office should see that:
22.7.3 The tax deducted should be paid to the credit of the Central
Government within one week from the last day of the month in which
the deduction is made.
227
SECTION - 23
ADVANCES TO CONTRACTOR
23.1.2 The provisions in this clause should be carefully gone through and it
should be ensured that the conditions laid down are strictly complied
with while paying such advances. Special care will also have to be
exercised in recovery of the principal amount of advances as well as
the interests on Mobilization Advance and Plant & Machinery
Advance. To maintain proper accountal, the payment of advances
and recovery with interest should be effected through running bills.
Necessary provision has been made in the format for running account
bills to show the breakups of different types of advances to be paid to
the contractor and the amount to be recovered from the contractor
through the running bills for each type of advance. In the case of
Secured advance on Contractor’s materials, details have to be
appended to the running bills in the format specified. The recovery of
Secured ADVANCE ON materials is without interest and is linked to
the incorporation of the materials in works.
228
(b) The second installment of Mobilisation Advance should be
released only after getting satisfactory utilization certificate from
the contractor for the first installment.
(c) The power to make provision for Mobilisation Advance in a
tender document for any particular work shall rest with the NIT
Approving Authority. In case, it is proposed to provide for
mobilization advance more than 10% of the cost of the work,
prior approval of the concerned Director, with the concurrence
of finance, should be obtained before inviting the tenders. This
is in partial modification of SOP item 2.2 which had given
powers to EDs in some cases.
(d) The interest on advance shall be calculated from the date of
payment to the date of recovery, both days inclusive. In case it
is proposed to provide interest free Mobilization Advance, prior
approval of the concerned Director with the concurrence of
finance should be obtained before inviting the tenders. This is
also in partial modification of SOP item 2.2 which has given
powers to EDs in some cases.
(e) The Mobilization Advance shall be against BGs. of a
Scheduled Bank for 110% of the full amount of that installment.
Number of BGs shall not exceed three.
(f) The recovery should be commenced after 10% of work is
completed and billed. The entire amount together with interest
shall be recovered by the time 80% of the gross value of
contract is executed and billed.
(g) Recovery of Mobilisation Advance at an intermediate stage
should be effected, if necessary by encashment of part B.G., if
the appropriate prorata amount of advance is not available from
the work done by the Contractor.
23.2 CERTIFICATES TO ACCOMPANY BILLS
229
23.2.2 (a) Payment to contractor “Secured Advance on non-
perishable materials”:
i) The materials for which Secured Advance is being
proposed are non-perishable, non-fragile and non-
combustible.
ii) The quality of materials is as per stipulated specifications.
iii) The quantities of materials for which advance is being
proposed have actually been brought to site.
iv) The materials are adequately stored and protected against
damage by weather or other causes.
v) The materials have not been incorporated in the work.
230
the Installment amount of Advance and for the period as stipulated in
the Contract.
231
SECTION 24
232
a) First and Final bill form should be used for making payments
both to contractors for work and to suppliers, when a single
payment is made for a job or contract i.e. on its completion. A
single form may be used for making payments to several
payees, if they relate to the same work / section of work or to
the same head of account in the case of suppliers. RITES
Form referred to in Para “b” below may be adopted for First and
Final Bill also.
b) Running Account Bill / Final Bill RITES FORM - (Copy at
Annexure 24.1) This form is used for all running and final
payments to contractors and suppliers (other than those
relating to lump sum contracts) including cases where advance
payments are proposed to be made or are already outstanding
in respect of the same work against the contractor. In case
where advances are to be made or are already outstanding in
respect of the same work against the contractor, account of
such advances, should be attached to the bill as per relevant
Annexure in the Form of RITES.
<
233
24.5 DEVIATION STATEMENT
Deviation Statement in the Proforma at Annexure 24.2 should be
submitted with every running bill starting from the bill when gross
value of work done exceeds 50% of Contract Value and with final bill.
234
SECTION 25
25.1 INTRODUCTION
235
statement by which the construction procedures for important
activities of construction are stated, checked and approved. The
‘Method Statement‘ should have a description of the item with
elaborate procedures in steps to implement the same, the
specifications of the materials involved, their testing and acceptance
criteria, equipments to be used, precautions to be taken, mode of
measurements etc.
25.5 CHECKLISTS
236
covered/concealed and also ensure rectification of defects
noticed.
(2) Need also arises for carrying out specialised tests, physical,
chemical, ultrasonic, X-ray and various other types of tests
which cannot possibly be carried out in a site laboratory. Such
tests may be got carried out in approved laboratories in Govt.
Sector, Semi Govt sector or in private sector. In case of
laboratories in private sector, past record and reputation of the
laboratory must invariably be given due consideration before
approval by the Engineer-in-Charge.
237
SECTION 26
CHIEF TECHNICAL EXAMINER’S ORGANISATION AND
COMMON IRREGULARITIES OBSERVED
26.2 RETURNS
238
such matters pertaining to sanctions of estimates, NITs, acceptance
of tenders etc. dealt by higher officers may be referred by CTE for
reply directly by the higher officers. In respect of such paras, the
Engineer-in-Charge shall send his comments, if required by the higher
officers, to the concerned officer and not directly to CTE.
26.3.3 In order to expedite replies and settle the points and to ensure timely
action, it is essential that the time limit fixed by CTE is strictly
adhered to by the officers of RITES at all levels. For keeping a proper
watch on the disposal, the Engineer-in-Charge shall maintain a
register.
26.4.1 Normally the recoveries of over payments pointed out by the CTE
should be made within a period of three months from the date of issue
of memorandum by CTE. The overpayments arising out of the defects
pointed out by the CTE should be promptly assessed and if accepted
by the Engineer-in-Charge, the recoveries should be effected from the
money due to the contractor either from the same work from the
immediate running bill or from any other work or from the security
deposit. In no case, action to recover the overpaid amount should be
kept pending or kept in abeyance on account of the case being
before the arbitrator. Action in terms of the award can be taken after
the award is received and accepted by the competent authority.
Recoveries/adjustment of the amount in question should, in no case,
be effected by debiting the amount to RITES account. In order that the
recoveries of over payments pointed out by CTE are promptly
effected, a register of over payments pointed out by the CTE
Organisation and subsequent recoveries effected should be
maintained by the Engineer-in-Charge in the proforma given at
Annexure 26.2.
26.4.2 Although the inspection of CTE is a part of the activities relating to the
Works Contract with the Contractor, yet the CTE is not a party to the
contract. No reference should be made to CTE’s
inspections/examinations of works in any correspondence made with
the contractor. Notice for rectification of defects, recoveries to be
made etc. shall be issued by the Engineer-in-Charge, who is the party
to the contract, acting for and on behalf of RITES.
239
26.5 COMMON IRREGULARITIES POINTED OUT BY THE CTE
A compilation of common irregularities pointed out by CTE during
examination of projects handled by RITES and other similar
Government Organisations is at Annexure 26.3 for guidance.
240
SECTION 27
27.1 PREAMBLE
241
27.3 PROCEDURE ORDER ON OPENING, CUSTODY AND FINAL
DISPOSAL OF ESSENTIAL PROJECT DOCUMENTS
242
SECTION 28
PERFORMANCE OF CONTRACTORS
28.3 In the case of other contractors, the SBU Head should cause a notice
to be issued by the Engineer-in-Charge to the contractor in terms of
Clause 52.7 of GCC. In case no reply is received in response to the
notice within the notice period or the reply received is not satisfactory,
the SBU Head would send his recommendations giving full
justification for declaring the contractor as a ‘poor performer’, to the
Divisional Head
243
‘poor performer’ and placing his name on the ‘Negative List of
Contractors’.
28.6 The Divisional Head would send the names of such contractors to the
Contract Policy Cell which will maintain the ‘Negative List of
Contractors’ and arrange for uploading the same on RITES’ website
so that the ‘List’ is accessible only to RITES’ officials. In future, every
Tender Committee will be required to certify that the bidder(s)
recommended by them is/are not on RITES’ Negative List of
Contractors. In case of Joint Venture contractors in the Negative List,
the JV as well as individual members of JV shall not be considered for
future works in RITES till their names are taken off from the Negative
List.
28.7 The Negative List will be reviewed at the beginning of every financial
year and the Divisional Head may consult the SBU concerned before
removing the name of a contractor from the Negative List. However, a
contractor’s name will be automatically removed from the ‘Negative
List’ at the end of two years from the date the name is placed on the
list.
244
28.10 In order to ensure that there is no legal lacuna in the processing of
cases relating to Suspension/Banning of Business Dealings and in
communicating with the bidder / contractor in this regard, standard
proformae for the ‘Show-cause Notice’ and for conveying the
decision of the competent authority for Suspension/Banning of
Business Dealings have been prepared and these are given at
Annexures 28.1, 28.2 and 28.3 for guidance.
245
SECTION 29
E-TENDERING
29.1.5 It is mandatory for all bidders to have Class – III Digital Signature
Certificate (DSC) in the name of the person who will sign the bid from
any of licensed Certifying Agency (CA). Bidders can see the list of
licensed CAs from the link http://www.cca.gov.in. Subsequently,
bidders are required to get the same registered with ASP.
29.2.1 All the concerned officials of RITES Ltd. shall have to obtain Class –
III Digital Signature Certificate (DSC) by forwarding their applications
in the form available at URL
http://ritesltd.com/upload/misc/DSC_reg_form_4.4.pdf through their
SBU Head to IT Department, RITES.
29.2.2 The Digital Signature Certificate (DSC) shall be valid for a period of 2
(Two) years.
246
29.2.3 Each SBU Head shall act as System Administrator. He may nominate
an officer not below the rank of Assistant Manager (Regular) to act on
his behalf.
29.2.4 In case of transfer of nominated RITES official dealing with the tender
process, the System Administrator / SBU Head shall immediately
nominate another official. The new incumbent if not in possession of
digital signature, has to obtain the same as explained in para 1 above.
In case the new incumbent already has digital signature, then details
of his digital signatures like name & user ID need to be intimated to
System Administrator of concerned SBU or his authorized
representative for updating so as to enable him to use E-Tendering
system.
29.2.6 Change of password - After login to the e-Tendering portal the user
can change the password by clicking on “My Profile -> Change
Password”.
29.2.7 To retrieve the lost password - A mail to the e-mail ID of the System
Administrator of concerned SBU or his authorized representative shall
be sent mentioning name and user ID to retrieve the lost password.
247
29.3.2 Templates / Formats for various types of financial bids like percentage
rate tenders, item rate tenders and combination of both are available
on the CPP Portal of NIC and may be adopted.
29.3.3 For each work, the SBU Head shall nominate on the hard copy the
Tender Creator and Tender Reviewer (Project Coordinator). Tender
Approver will be the authority competent to approve tender document
as per SOP.
29.3.4 The tender preparing officer is Tender Creator online. The Tender
Creator shall prepare the tender on hard copy and submit the same to
Project Coordinator. The Project Coordinator shall obtain the approval
of Tender Document from the Competent Authority on hard copy.
During this process, the Project Coordinator shall get the
modifications / changes suggested by him or by higher officials or by
Tender Approving Authority, incorporated by Tender Creator in tender
document. The system authorizes only the Tender Creator to make
modifications in the tender created by him. After incorporating all
changes / modifications, the Tender Creator shall submit the tender to
Tender Publisher (i.e, tender document approver) online and if Tender
Publisher finds the tender document to be okay, Tender Publisher will
publish the same online. If Tender Publisher finds anything to be
modified, he cannot modify the same online. He has to send the
tender document back to Tender Creator. The Tender Creator will
modify the tender document accordingly and shall submit the same to
Tender Publisher. In cases where tender document approving
authority is above SBU Head rank, the approval for tender document
shall be taken on hard copy and SBU head shall act as tender
approver (i.e, Tender Publisher) online.
29.3.5 The list of documents to be scanned and uploaded by the intending
bidder shall be as per Clause 28.0 of Notice Inviting Tender. However
if any, clarification in documents/deficient documents are required
then the same can be sought from the bidder by Convenor of the
Tender Committee. In the cases, where Convenor of Tender
Committee is not associated with the work for which tenders are
invited, Project Coordinator shall assist Convenor of Tender
Committee to seek clarifications from the bidder. The
clarifications/deficient documents can be obtained from bidders online
only once. In case, the clarifications/deficient documents are to be
248
obtained more than once, the same shall be done through e-mail by
concerned officials. The clarifications/deficient documents shall not be
obtained by post/courier.
29.4 PUBLICITY
29.4.1 Time limit for publicity of bids shall be as per the provisions of Para
6.10 of these Guidelines.
RITES LTD
Notice Inviting e-Tenders
The ………… (Designation of the Officer), RITES Ltd. invites on behalf
of …………………. online item rate / percentage rate / combination of item
rate & percentage rate / lump sum bids on single / two packet system for the
following work(s):-
1. NIT No. ……………………Name of Work………………..Estimated Cost
Rs…………….Earnest Money………Period of completion…………….Last
time & date of submission of bid………….
The bid forms and other details can be obtained from the website
https://etenders.gov.in/eprocure/app
Addendum / Corrigendum, if any, shall be hosted online only
249
The press notice should not be published in the tabular form, which occupies
much more space than required and ultimately increases the cost of
advertisement.
29.5.1 All the documents such as NIT including Information and Instructions
for contractors, all the conditions of NIT, Schedule of Quantities,
Drawings and other documents shall be uploaded at one time.
29.5.3 Deleted.
29.5.4 Deleted.
29.5.8 The bid submission end date or Bid opening date should not fall on
Sunday
250
and Time. The Financial Bid can be changed / modified through
addenda/corrigenda by Tender Creator and Tender Publisher only up
to the start of the Bid submission time and date. The Financial bid
cannot be changed/modified once the Bid submission time and date
start. However, extension of the deadline for submission of tenders
may be given at any time before Bid opening date and time.
29.6.2 The Project Coordinator shall obtain the approval for any addenda /
corrigenda from competent authority on hard copy. The Tender
Creator shall make Addendum / Corrigendum part of tender and
forward it to Tender Publisher online for publishing.
29.7.1 Four officials shall be named for opening of the tender as Tender
Openers by the tender approver (Tender Publisher) at the time of
creation of tender. In case where tender approver (as per SOP) is
above SBU Head level, SBU Head shall name the four officials. Out
of those four officials, two shall be nominated (on or before the Bid
Opening Date) by the SBU Head / Project Coordinator as Tender
Openers for opening the tender using their Class-III DSC.
29.7.2 The Tender Openers shall be RITES’ Regular officers not below the
rank of Engineer
29.7.3 The bids opened are to be entered in the bid opening register. The bid
opening register should contain details like 1. Name of Work 2.
Tender Number. 3. Form of bid such as item rate bid, percentage rate
bid or lump-sum bid 4. Time & Date of Opening 5. Name of Bidder 6.
Name of representative of bidder attended 7.. Signature of
representative of bidder 8 Name & Designation of Opener. Dated
Signature of opener.
251
29.7.4 Bids withdrawn before opening not to be considered
If the bid is withdrawn before due date & time of opening, the same
should not be included in the Comparative Statement.
In Single Packet System, the Financial Bids are opened along with the
Technical Bids. In the case of a Two Packet System, after decision
on recommendations of Tender Committee on the Technical Bids,
Financial Bids in respect of only those Tenderers whose Technical
Bids are found to be acceptable or provisionally acceptable shall be
opened on a date to be fixed and advised in writing to the Tenderers
concerned. The Tenderers whose Bids have been provisionally
accepted should be clearly advised that their prequalification is only
provisional and will be subject to receipt of deficient
documents/confirmation of credentials from past Clients/Bank. This
may be done through e-mail to e-mail id given by bidder on CPP
portal while submitting tender.
It may be ensured that Tenderers whose technical bids have not been
found acceptable in the 2 pocket system are intimated to that effect
mentioning on which ground the bidder did not qualify before opening
of Financial Bids of Tenderers whose Technical Bids are found
acceptable. This may be done through e-mail to e-mail id given by
bidder on CPP portal while submitting tender.
252
Evaluation and Opening of Financial Bids” should be uploaded on
CPP Portal mentioning Name of work, Tender Number, Bidders who
are provisionally Qualified and whose financial bids will be opened,
bidders who did not qualify mentioning on which ground the bidder did
not qualify and Time & Date of Financial Bid Opening. The
Provisionally Qualified bidders may be asked to attend the opening
giving the address at which financials bids are scheduled to be
opened. Scanned copy of TC Minutes on Technical Bid Evaluation
should not be uploaded on CPP Portal.
If there are differences between the rates given by the bidder in words
and in figures or in amount worked out by him, the following
procedure shall be followed:
b. In the case of percentage rate bid also, the bid percentage quoted
in figures is to be taken as correct.
253
the corrections. In case of corrections in the comparative
statement, the same shall be attested by the authorized officer in
Finance Division.
d. For credit items (The items for which contractor has to pay to
Employer), the bidder should not put minus/Plus sign as prefix to
rate. They should be instructed to quote their rate without prefix
(Either Negative or Positive) in item rate tender. In Percentage
rate tender, the bidder shall be instructed to choose either Excess
or Less over rate given in the financial bid. All credit items should
be clubbed together and put in a separate sub-head at the end of
respective BOQ.
29.10.1 In E-Tendering the tenders are not being physically sold to the bidders,
however the cost of tenders shall be kept keeping in view the number
of documents to be downloaded. Hence following scale of charges
shall be applicable to the bidders:
254
Banker’s Cheque / Pay Order / Demand Draft issued by any
Scheduled Commercial Bank drawn in favour of RITES Ltd. and
payable at Gurgaon / Delhi /______
29.12 Request for unconditional extension of bid validity from bidders shall
be sought by Project Coordinator through e-mail
255
GUIDELINES
ON
CONSTRUCTION PROJECT
MANAGEMENT
ANNEXURES
GUIDELINES ON
CONSTRUCTION PROJECT MANAGEMENT
APRIL 2019
INDEX
LIST OF ANNEXURES
256
12.1 Proforma for Letter to be issued by Engineer in 319
Charge to the Contractor in cases of Failure by
Contractor under Clause 3 of Contract to Rectify /
Reconstruct / Replace any Defective Work
12.2 Proforma for Letter to be issued by the Engineer-in- 321
Charge to the Contractor in cases of Failure by
Contractor under Clause 3 of Contract to lift
Suspension of Work / To proceed with the work with
due Diligence
12.3 Proforma for Letter to be issued by the Engineer-in- 323
Charge to the Contractor in cases of Failure by
Contractor under Clause 3 of Contract to Accelerate
the Progress of Work for Completion by the Stipulated
Completion Date
12.4 Proforma for Letter to be issued by the Engineer-in- 324
Charge to the Contractor in cases of Failure by
Contractor under Clause 3 of Contract to carry out his
obligations under the Contract
12.5 Proforma for Letter to be issued by the Engineer-in- 326
Charge to the Contractor on Determination of Contract
under Clause 3 of Contract
12.6 Proforma for Letter to be issued by the Engineer-in- 329
Charge to the Contractor on Foreclosure of Contract
under Clause 13 of Contract
12.6A Proforma for letter to be issued by the Engineer-in- 331
charge to the Contractor if due to default of the
Contractor, part work / part incomplete work is
proposed to be taken out of his hands, under Clause
14 of Contract
12.6B Proforma for letter to be issued by the Engineer-in- 333
charge to the Contractor in case action is finally
proposed to be taken against the Contractor under
Clause 14 of Contract
12.7 Proforma for Letter from the Site Engineer on behalf of 336
Engineer-in-Charge to the Contractor for Rectification
of Defects during the Maintenance Period under
Clause 17 of Contract
12.8 Proforma for Provisional Certificate of Physical 337
Completion to be issued by the Engineer-in-Charge
12.9 Proforma for Final Completion Certificate to be issued 339
by the Engineer-in-Charge
257
12.10 Proforma for letter to the State Government Mining 341
Department
13.1 Form of Application by the Contractor for seeking 342
Extension of Time
13.2 Proforma for Grant of Extension of Time- (Advance 346
intimation Pending Decision on Levy of Liquidated
Damages)
13.3 Proforma for Grant of Extension of Time – Without 347
Levy of Liquidated Damages
13.4 Proforma for Show Cause Notice to the Contractor 348
regarding Compensation under Clause 2 In case
Termination of Contract is not Contemplated.
13.5 Proforma for intimating the Contractor regarding Levy 350
of Compensation under Clause 2. (Applicable to both
cases of Contract being allowed to be Continued or
Terminated).
13.6 Proforma for Show Cause Notice to the Contractor 352
regarding Compensation under Clause 2 (in case
Contract is determined under Clause 3)
14.1 Specimen of Letter by Engineer-in-Charge to 354
Contractor for Provisional Reduction in Rate for
Substandard work
14.2 Specimen of Letter of Acceptance by the Contractor of 355
Provisional Reduction of Rate for Substandard work
MANDATORY TESTS – CPWD SPECIFICATIONS
(Annexures 16.1 to 16.11)
16.1 Mortars 356
16.2 Cement Concrete Work 359
16.3 Reinforced Cement Concrete Work 361
16.4 Brick Work 365
16.5 Marble Work 366
16.6 Wood Work 367
16.7 Steel Work 368
16.8 Flooring 369
16.9 Road Work 370
16.10 Extracts from IS 456-2000 377
16.11 Extracts from Chapter 5 of CPWD Specifications on 387
RCC Work
19.1 Contractor’s Notice for Appointment of Arbitrator 394
19.2 Letter of Appointment of Arbitrator 395
19.3 Letter of Appointment of Alternate Arbitrator 396
258
19.4 Letter to Contractor on Acceptance of Arbitration 397
Award
19.5 Norms for Disposal of Old Records 398
FORMS FOR RECORD TO BE MAINTAINED
(Annexures 20.1 to 20.14)
20.1 Site Order Book 404
20.2 Inspection Record 405
20.3 Hindrance Register 409
20.4 Daily Progress Record 410
20.5 Cement Register 411
20.6 Steel Reinforcement Register 413
20.7 Non-Conforming Items Record 415
20.8 Quality Audit Record 416
20.9 Site Coordination Meetings Record 418
20.10 Guarantee Bonds Record 419
20.11 Insurance Policies Record 420
20.12 Drawings Record 421
20.13 Mandatory Tests and Non-Mandatory Tests Record – 422
Specimen Format for Cement
20.14 Paints / Chemical Register 423
21.1 Register of Measurement Books 424
21.2 Guidelines on Recording of Measurements and Test 425
Checking
21.3 Proforma for Write Off of Lost MB 427
21.4 Format for Measurement Book 429
21.5 Format for Abstract of Measurement to be recorded in 438
MB at the end of details of measurements recorded for
any Bill.
21.6 Format of Test Check Statement 440
22.1 Register of Payment of Bills to Contractors 442
24.1 Format for Running Account Bill and Final Bill 443
24.2 Deviation Statement 461
24.3 Guidelines on Check and Custody of Bank Guarantee 466
submitted by the Contractor
24.4 Documents to accompany Running Account Bills 469
24.5 Documents to accompany Final Bill 475
24.6 Checklist for check at SBU Office before passing of 478
Bill (Running Account Bill)
24.7 Checklist for check at SBU Office before passing of 482
Bill (Final Bill)
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26.1 List of Documents considered essential for Inspections 486
by CTE and which may be called for Examination of
Work
26.2 Register showing over Payment assessed / pointed 488
out by CTE Organisation and subsequent recoveries
effected
26.3 Common irregularities pointed out by CTE 489
27.1 Procedure Order on Opening, Custody and Final 499
Disposal of essential Project Document.
28.1 Proforma for letter by Engineer-in-Charge to the 515
contractor for issue of show cause notice under clause
8 of Guidelines on Banning of Business dealings
28.2 Proforma for letter by Engineer-in-Charge to the 516
contractor on Suspension of Business dealings
28.3 Proforma for letter by Engineer-in-Charge to the 517
contractor on Banning of Business dealings
*****
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ANNEXURE 2.1
(Refer Para 2.1)
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ARTICLE 1–DEFINITIONS
1.1 ‘APPROVAL’ shall mean and include the written consent, either
manuscript, type written or printed statement, under signature or seal,
as the case may be, given from time to time by the Client or their
authorized representative on documents, drawings or other particulars
in relation to this Agreement.
1.2 ‘COMMENCEMENT DATE OF CONTRACT’ with reference to Works
Contract for actual execution of works shall mean the date on which
the land for the work is handed over to the Consultant.
1.3 ‘COMPLETION PERIOD’ with reference to Works Contract shall
mean the period from the commencement date of contract to physical
completion of the project.
1.4 ‘CONTRACT’ shall mean this AGREEMENT including all exhibits
hereto and all documents herein specified and amendments which the
parties may hereafter agree in writing to be made to this Agreement.
1.5 ‘CONTRACTOR’ means any agency appointed by the Consultant on
behalf of the Client for carrying out construction of different types of
works involved in the Project.
1.6 ‘COORDINATING OFFICER’ shall mean the official nominated by the
Client to whom all the matters related to the Project shall be referred
to by the Consultant for views, decisions, help, approvals etc. as per
Scope of Services of the Contract and who shall provide and
communicate such views, decisions, help, approvals etc. to the
Consultant on behalf of the Client.
1.7 ‘DRAWINGS’ shall mean and include Engineering drawings, sketches
showing plans, sections and elevations related to the Project together
with modification and/ or revisions thereto.
1.8 ‘ENGINEER / ENGINEER IN CHARGE’ shall mean the person
nominated from time to time by the Consultant and shall include those
who are expressly authorized by the Consultant to act for and on
behalf of the Consultant for the provision of the services related to this
Agreement.
1.9 ‘MONTH’ shall mean calendar month.
1.10 ‘PHYSICAL COMPLETION’ with reference to Works Contract shall
mean readiness of the Works except in minor respects, which does
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not prevent occupation of the works for the purpose for which the
works have been designed.
1.11 ‘PROJECT or WORKS’ shall mean the Construction of ____________
(Brief description of the Project)
1.12 ‘PROJECT COMPLETION’ with reference to Works Contract shall
mean the readiness of all the works in all respects for use, after
attending to minor repairs / adjustments.
1.13 ‘SERVICES’ shall mean the responsibilities to be discharged by the
Consultant for fulfilling the obligations under this Agreement.
1.14 ‘SPECIFICATIONS’ shall mean and include schedules, detailed
descriptions, statement of technical data, performance characteristics,
standards as applicable and specified in the Works Contract.
1.15 ‘STANDARDS’–The goods and equipments, utilized for the Works in
the Project and the Works in the Project shall conform to the
standards mentioned in the Technical Specifications or such other
standards which ensure an equal or higher quality and when no
applicable standard is mentioned, to the authoritative standard
appropriate to the Goods / Equipments utilized in the Works in India
and such Standard shall be the latest issued by the concerned
Institution like Bureau of Indian Standards etc.
1.16 ‘SUB-CONSULTANT’ shall mean any agency engaged by the
Consultant for providing any of the services.
1.17 ‘TEST’ shall mean such process or processes to be carried out by the
Consultant as are prescribed in the Works Contract in order to
ascertain quality, workmanship, performance and efficiency of goods /
equipments or part thereof.
1.18 ‘VENDOR’ means any agency appointed by the Consultant on behalf
of the Client for supply of Goods / Equipments for the Project.
1.19 ‘WORDS’ in the singular include the plural and vice versa.
1.20 ‘WRITING’ includes matter either in whole or in part, in manuscript,
typewritten, lithographed, cyclostyled, photographed or printed form
under or over signature or seal as the case may be.
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ARTICLE 2–SCOPE OF WORK
The detailed scope of the work to be rendered by the Consultant is as
follows:-
2.1 Ascertain the Client’s requirements, carry out detailed survey of the
area and make out conceptual plans for various alternatives as
required by the Client, keeping in view the topographical features and
functional needs of the location, with respect to the buildings if any,
already existing at site, utilities etc. To make out Preliminary
Estimates for the various alternatives based on plinth area rate or
similar acceptable basis of rate. Freeze the Conceptual Plan as
finally decided by the Client and obtain Administrative approval and
Expenditure Sanction from the Client for the Estimated Cost of the
Works and Consultants’ fee with Goods &Service Tax (GST), payable
thereon in terms of Article 4 of this Agreement along with
10%permissible excess on both items to take care of possible
increase in Cost due to any factor at the stage of preparation of
Detailed Estimates based on Detailed Designs and Drawings.
2.2 Carry out detailed soil including Geo-technical investigation to
ascertain the safe bearing capacity for design of foundation.
2.3 Carry out architectural design of the buildings keeping in view the
need to harmonise with the landscape and other architectural features
of the buildings, if any, already existing in the area. (This para may be
modified as required)
2.4 Carry out Detailed Designs and Drawings for actual execution of the
Work and obtain the approval of the Client.
2.5 Prepare a Detailed Estimate with items based to the extent possible
on Standard Schedule of Rates such as that of CPWD duly escalated
by Cost Index to reflect the current day Cost and balance as Non
Scheduled items. The Estimate will cover Civil Engineering Works,
Electrical Engineering Works, other Engineering Works and Special
installation like lifts, generators and the other Equipments.
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which the Client has already accorded sanction for Expenditure under
Article 2.1 above, the Client will accord Revised Sanction for
Expenditure for the enhanced amount determined on the basis of
Detailed Estimate with additions as described above.
2.6 Prepare detailed specifications, tender schedule & tender documents
and call tenders for Civil, Electrical, other Engineering and Specialized
works. The Bill of Quantities shall be based on the Detailed Estimates
as approved by the Client. Where required by the Client,
Prequalification of Tenderers shall be done. Otherwise, two Packet
system shall be adopted with evaluation of Technical Bid including
Check of Satisfaction of Qualification Criteria done first and Financial
Bids of only those Tenderers whose Technical Bids are considered
acceptable opened. In all cases, Client’s approval for Tender
Documents shall be obtained by the Consultant.
2.7 Finalise the Tender adopting RITES’ procedure, after determining the
reasonable cost of works based on market rate analysis of major
items, duly associating a representative of the Client as a member of
the Tender Committee. Take the approval of the Client for
engagement of the selected Contractor and the Contract Documents
to be adopted. Take Revised Sanction for Expenditure from the Client
if the Contract Value along with RITES’ Fees including Service Tax,
all enhanced by 10%, exceeds the Sanction for Expenditures taken
under Article 2.5.
2.8 Execute the Agreement with the Contractor for and on behalf of the
Client as an Agent and Power of Attorney Holder.
2.9 Take single point responsibility for supervision in and execution of the
proposed Works by deployment of adequate technical and supporting
staff at various sites of works.
2.10 Liaise with Local Bodies and obtain their approvals for the Works and
for shifting/ relocating existing utilities as necessary. The Client will
provide all possible assistance in this regard. Any delay by the Local
Bodies in according their approval for the Works and for
shifting/relocation of existing utilities will not be to Consultants’
account.
2.11 Submit periodic Progress Reports in the format and periodicity as
stipulated by the Client.
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2.12 Assessing, planning and arranging to procure materials and
procure/hire construction equipments for Engineering Works, if
required as per the Works Contract Conditions.
2.13 Coordinating with main and sub-contractors and rendering technical
advice; Holding periodic Progress Meetings and sorting out problems
arising if any due to action or inaction of the Client and/ or the
Consultant.
2.14 Providing adequate supervising personnel in the field to coordinate,
control, supervise, inspect, liaise and report on the works at site;
2.15 Keeping a close watch on Deviations by way of Extra items,
Substituted items and Deviations in Quantities of Schedule items.
Fixation of Rates for items/quantities covered by Deviation orders
adopting RITES procedure. Client to be kept advised of the Deviation
orders and rates as fixed. In cases where the Client desires omission
or substitution of any BOQ item, check if this is likely to lead to
vitiation of Contract and if so draw the attention of the Client to the
same and take his specific approval for the omissions / substitutions.
Clients’ Revised Expenditure Sanction to be taken by the Consultant
whenever found necessary if the Cost of the work with its Deviation
and Price Escalation (if provided for in the Contract) and the
Consultant’s fee and Service Tax in terms of Article 4 of Agreement
exceed the amount for which Expenditure Sanction has been obtained
from the Client as provided for in Articles 2.5 and 2.7.
2.16 Ensuring that the construction is being carried out in accordance with
the approved working designs, drawings and specifications and as per
programme laid down in the Works Contract Agreement.
2.17 Ensure quality control of the Work including materials and
workmanship, certify measurement of work executed, and make
progressive payments based on physical realization / completion of
works, as per approved procedure and schedule of payments to
Contractors;
2.18 Sanction of Extension of Time to the Contractor for completion of
Works, with or without Liquidated Damages, subject to keeping the
Client advised of the same with full details including the effect on
completion Cost of works, if any.
2.19 Finalisation of accounts and closing Works Contracts and furnishing
the Accounts along with 4 copies of “As Built” drawings on
reproduceable papers to the Client.
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2.20 Settling the Claims / disputes, if any, made by the Works Contractors,
keeping the Client advised of the same. Where there is disagreement
between the Consultant and the Works Contractor, such disputes
shall be referred for Arbitration by an Arbitrator as provided for in the
Works Contract between the Consultant acting for on behalf of the
Client as Agent and Power of Attorney Holder and the Contractor. All
amounts payable to the Contractor on his claims decided by the
Consultant directly and agreed to by the Contractor will be charged to
the Cost of Works. In cases where the Contractor resorts to settling
his claims through an Arbitrator, the Client being the Principal
Employer will implead himself as a Party in the Arbitration
Proceedings along with the Consultant. The Consultant will however
fight the Arbitration case for and on behalf of the Client. All claims in
favour of the Contractor as per Arbitration Award and the legal
expenses involved in dealing with the arbitration proceedings, other
than those attributable to gross negligence of the Consultant, will be
chargeable to Cost of Works. Items where the Arbitrator gives award
in favour of the Contractor overruling the decisions taken by the
Consultant in items coming under the powers of the Consultant such
as fixation of rates for deviation items, Non scheduled items &
substituted items, grant of extension of time etc will not come under
the Category of “Gross negligence by the Consultant”.
As regards other items, where there is a dispute between the Client
and the Consultant as to whether the item of Award in favour of the
Contractor is to be classified as due to “Gross negligence of
Consultant” or not, they will be settled by mutual discussions between
the Consultant and the Client. If no agreement is reached by such
discussions, the issue will be settled through Arbitration under Article
19 of this Agreement. Pending decision by the Arbitrator,the amount
covered by such items of award will be tentatively charged to Cost of
Works. Same principles as above will also apply to decisions if any in
favour of the Contractor in a Court of Law.
2.21 Credit to the Cost of the Works all Liquidated and other damages
levied on the Works Contractors.
2.22 Complete administration and management of Contract with the Works
Contractor till expiry of the maintenance period and payment of final
dues to the Contractor.
2.23 Collect and deliver to the Client, Guarantee Bonds executed by the
Contractor for Specialised items of Works such as Waterproofing of
structures, Termite Proofing of Structures etc which involve
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maintenance period extending well beyond the normal maintenance
period of structures. Collect and deliver to the Client, Insurance
Policies, if any, of Works still current at the time of handing over of
works.
2.24 Attend to the inspection, if any, carried out by Government Agencies
such as Central Vigilance Commission, comply with their Statutory
requirement and effectively arrange for replying to their observations.
2.25 Assist the Client in obtaining the necessary clearance from the
Agencies / Departments / Local Bodies concerned for the occupation
of the Completed works.
2.26 Getting defects, if any, rectified by the contractor during the 'Defect
Liability Period'.
2.27 In all matters, to conform to the conditionalities of and documents
approved by the Funding Agency such as World Bank, as stipulated
by the Client.
ARTICLE 3–OBLIGATIONS OF THE CLIENT
3.1 The Client will furnish layout plan of the existing structures, if any,
and services, if any, in the area where new Works are proposed.
3.2 The Client will nominate a suitable Officer as the Coordinating Officer
who shall perform the duties as listed in Article 1.6.
3.3 The Client will hand over vacant possession of land / Site to the
Consultant. The Consultant may, if so required, take responsibility for
demolition / disposal of existing buildings / structures. Works Contract
shall not be awarded by the Consultant for and on behalf of the Client
till the site is available free of all encroachments and Local Bodies’
approval obtained for use of the site for the purpose for which it is
intended to be used by the Client.
3.4 The Client will make available to the Consultant adequate resources
and funds for proper execution of Works and timely payment to the
Contractors. The Client shall deposit with the Consultant 33 1/3% of
Estimated Cost of Works as per the sanctioned Detailed Estimate, as
first instalment. The Client shall release further instalments based on
the progress of work and financial projections as described in Article 9
(a). The initial deposit of 33 1/3% would be retained by the
Consultant for adjustment against the last portion of the estimated
expenditure. In case the Client fails to provide the funds as per
requirements of the Consultant, it may be necessary for the
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Consultant to suspend/abandon the Work. In such an eventuality, the
Client shall be solely responsible for all the consequences arising out
of such stoppage/ abandonment of the Work including Claims of the
Contractors for Compensation/damages etc. due to non payment of
dues of the Contractors.
3.5 The Client will assist the Consultant in obtaining from Local Bodies
approvals for the Works and shifting / relocating existing utilities as
necessary. Any delay by the local Body in according the approval
may adversely affect the completion period for which the Consultant
will not be responsible. The Client will, with the assistance of the
Consultant, obtain the necessary clearance from the
Agencies/Departments/Local Bodies concerned for the occupation of
the Completed Works.
3.6 The Client will communicate his decisions whenever referred to,
within 7 days of such a request from the Consultant.
3.7 The Client shall provide the necessary redeemable Power of Attorney
to the Consultant to discharge their obligations under this Contract on
behalf of the Client.
3.8 The Client shall pay the consultancy charges to the Consultant, in line
with the agreed payment schedule.
3.9 The Client shall not be responsible for any liability arising out of
Consultant’s contractual obligations with the Consultant’s architects,
personnel, Sub-Consultants, licensors, collaborators, vendors and
subordinates who are engaged by the Consultant and whose
remuneration / fees are paid by the Consultant from his Consultancy
fee.
3.10 The Client shall promptly take over the Works/Project facilities within
15 days from the date of certified completion in all aspects. If for any
reason, the Client is unable to comply with the above requirements
within the period mentioned above, the Consultant shall allow the
Client a further period of 15 days for the taking over of the Works. If
the Client fails to take over even within the extended period, the
Consultant shall become eligible to claim extra fees as may be
mutually agreed between the Parties.
ARTICLE 4–CONSULTANT’S REMUNERATION
a) Consultant’s remuneration would be at ____ per cent on the
total of the final Built up cost fully to be borne by the Client as
defined in Article 5 below. The fee payable will be initially
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calculated on the basis of the Cost of Work as per Detailed
Estimate as sanctioned. Later on it shall be adjusted on the
basis of Works Contract Cost. Finally the fee shall be adjusted
as per Percentage of “As Built Up Cost” as defined in ARTICLE
5.
b) The Consultant’s remuneration as determined in Para “a”
above will be valid for the period of Validity of this Agreement
as stipulated in Article 17, determined on the basis of the
Scheduled Completion date of the Works as per the Works
Contract initially executed. If the period for Completion of
Works gets extended due to any reason with or without
liquidated damages to the Works Contractors the Consultant
will be paid extra remuneration determined on the basis of
Remuneration calculated as in Para “a” above divided by the
period of this Agreement in days counting from the date of this
Agreement till the expiry of 60 days after the completion of
Maintenance Period as per the Works Contract initially
executed, multiplied by the number of days of extension
sanctioned for the execution of the Work.
c) In addition to the Fee mentioned in Para “a” and “b” above, the
Consultant will also be entitled to ‘Service Tax’ on the fees at
the rates as stipulated by the Government of India from time to
time. Presently the Service Tax is payable at ___ per cent.
d) If, after the date of execution of this Agreement, the Central
Government or the concerned State Government imposes any
fresh Tax or Charges on the Consultancy fee payable to the
Consultant, the same shall be reimbursable to the Consultant
by the Client.
e) The stages of payment of Consultancy fees and Service
Charges thereon will be as under:-
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vi) Balance prorata on the basis of 70%
Certification of Works executed
Total 100%
f) Once a month, in the first week, the Consultant shall submit the
Consultancy bill at the percentage rates as indicated above,
based on the value of works done in the previous month
towards the “Built Up Cost” as defined in Article 5 below. The
Client will deduct Tax as due and pay the net Consultancy fee
to the Consultant within 7 days from the date of receipt of the
bill. The Client will also issue Tax Deduction at Source
Certificate to the Consultant within the time stipulated in the
Income Tax Act.
ARTICLE 5–BUILT UP COST
“Built Up Cost” will consist of the expenditure incurred towards the
following, all to be borne by the Client.
i) Gross amount paid to the Contractor towards Construction of
the Works as per Works Contract agreement.
ii) Cost of any materials supplied free to the Contractor including
Cost of handling, transportation and storage incurred by the
Client/Consultant.
iii) Charges, if any, levied by Local Authorities for approval of
plans and services and for issue of “Completion”/“No-
objection” Certificate for occupation of the Works on
Completion.
iv) Charges, if any, levied by Local Authorities/Providers of
services such as Water Supply, Drainage, Sewerage etc. for
Shifting/relocation of Utilities as well as their
disconnection/connection.
v) Cost of Soil tests/Geotechnical investigations.
vi) Cost of litigation, if any, with a Third Party or individual
organization to remove legal barriers in the execution of works.
vii) Advertisement Charges for issuing Notice Inviting Tenders.
viii) Cost of testing of materials/workmanship for items for which the
Contractor is not required to pay in terms of the provisions in
the Works Contracts.
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ix) Any amount paid/payable to the Contractor towards his claims
as considered reasonable by the Consultant.
x) Any amount paid/payable to the Contractor towards his claims
not accepted by the Consultant but decided in favour of the
Contractor by an Arbitrator or Court of Law. The amount will
include the Cost involved in defending the stand of the
Client/Consultant in the Arbitration or Court proceedings. The
amount will however exclude the elements of Award of the
Arbitrator/Court of Law on items which are finally attributed to
Gross negligence of the Consultant.
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7.3 Tender Conditions shall provide that the Tenderer shall quote his
rates in accordance with tender conditions and keeping in view
statutory requirements relating to labour and taxes on materials.
7.4 The Consultant shall decide in consultation with the Client if
prequalification of Tenderers is required to be done in advance or Two
Packet System can be adopted with Technical Bids and Financial
Bids received simultaneously and the Financial Bids of only those
Tenderers whose Technical Bids inclusive of Qualification Criteria are
found acceptable, opened and evaluated.
7.5 The Tenders shall be evaluated by the Consultant through a Tender
Committee set up by the Consultant duly including a representative of
the Client in the Committee. Selection of the Contractor for award of
work based on the recommendations of the Tender Committee, will be
decided by the Competent Authority of the Client. The Tender
Committee proceedings along with the decision of the Tender
Accepting Authority of the Consultant shall be forwarded to the Client
and the Clients’ approval taken before execution of Contract
Agreement with the selected Contractor.
7.6 The Competent Authority of the Consultant shall enter into the
Contract Agreement with the selected Contractor as Agent and
Power of Attorney Holder for and on behalf of the Client as
“Employer”. The Arbitration Clause of the Works Contract Agreement
shall specifically provide that in the Arbitration Proceedings, both the
Client and the Consultant shall be representing the “Employer”.
7.7 All payments made by the Consultant to the Contractor and other
agencies within the scope of this Agreement shall be made as per the
approved Payment procedure of ___ (Funding Organisation)/Payment
procedure of the Consultant for similar works, as approved by the
Client with or without modifications as decided jointly by the Client and
the Consultant.
7.8 The Consultant shall be responsible for due compliance of all
procedural requirements of ____ (Funding Organization) as advised
by the Client.
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8.1 Payments to all personnel engaged by the Consultant including their
employees, architects, engineers, Sub-Consultants etc.
8.2 All travel, conveyance, living, boarding, lodging, salary and perks of
Consultant’s personnel engaged in the Project, insurance of all kinds
for Consultant’s personnel including accident benefits, postage,
communication and telephone charges, Internet charges, cost of
preparation and printing of all tender documents, electricity and water
consumption charges for the Consultants’ Office and all other
expenses of the Consultant for the purpose of implementation of the
project.
8.3 To meet their obligations under this Agreement, the Consultant shall
employ at site their own manpower so that on completion of the
project the Client shall have no responsibility for absorbing any of
them in its service.
8.4 Income Tax payable by the Consultant.
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Account, after all accounts are certified by Consultant’s
Accounts Department.
d) The Consultant shall ensure that the EMDs/amounts of
liquidated damages/penalties recovered from the successful
Suppliers/Contractors are deposited in the separate bank
account mentioned in Para “c” above. Any interest accruing
through short term Fixed Deposits from the Accounts will be
retained by the Consultant.
e) Monthly statement of accounts shall be furnished to the Client
by the Consultant by end of the following month duly certified
by the authorized Finance & Accounts representative of the
Consultant. Expenditure particulars of funds shall be submitted
to the Client in the format approved by ____ (Funding Agency)
for the Client to claim reimbursement / in the format laid down
by the Client.
f) Whenever the need arises for obtaining Revised Sanction of
Expenditure from the Client as explained in Articles 2.7 and
2.15, the Consultant shall take prompt action to approach the
Client with full justification.
g) After completion of work, the Consultant will prepare detailed
statement of accounts as per agreed formats covering various
works contract wise and the expenditure thereof duly certified
by the Consultant’s Authorized Finance & Accounts
representative with necessary supporting documents, including
copies of final bills and ‘As built’ drawings, duly certified by the
Consultant’s Engineers containing all the details of the work.
h) The amounts of Security Deposit and Bank Guarantees
received from the Contractors which remain to be refunded as
per the contract conditions, at the time of handing over the
works or earlier to the handing over, as the case may be, shall
be handed over to the Client with details of dates when they
become due for refund. Similarly, all amounts of liquidated
damages / penalties, forfeited EMDs/ Security Deposits shall be
transferred to the Accounts of the Client.
ARTICLE 10—LABOUR LAWS
10.1 The Consultant shall undertake to ensure compliance of all labour
laws which are applicable to their workmen and also obtain through
suitable provision in the Works Contracts commitments by the
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Contractors to whom any part of the Works Contracts envisaged
under this Agreement is entrusted, in respect of their workmen.
10.2 The Consultant shall be responsible for all statutory obligations and
any other laws in the above regard, in force from time to time,
regarding employment or conditions of service of their Sub-
Consultants and employees.
10.3 The Consultant shall ensure compliance by the Works Contractors of
all safety rules as required under various statutes in India, through
suitable provision in the Works Contracts.
10.4 The Consultant shall incorporate third party risk clause in all Works
Contracts awarded by the Consultant, so as to ensure that the Client
is held harmless and indemnified against any damage or injury to third
party on account of any act or omission to act by the employees or
representatives of the Contractors engaged for the execution of the
work.
10.5 Being the owner of the assets to be created, the Client shall be the
`Employer’ under Contract Labour (Regulation and Abolition) Act,
1970 and Building and Other Construction Workers Welfare Cess Act,
1996 and Rules made under these Acts. The Consultant shall provide
necessary assistance and guidance to the Client in complying with the
Employer’s obligations under These Acts/Rules.
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12.2 The Consultant shall complete all items of work indicated in Article 2.1
to 2.6 of this Agreement within ___ months from the date the Client
intimates, in writing, the availability of land free from encroachments
and Local Bodies approval for the use of the land for the purpose
proposed by the Client. However, in the case of works of specialized
nature, the time required for completion of items of work indicated in
articles 2.1 to 2.6 of this Agreement shall be decided after mutual
discussions.
12.3 The Consultant shall furnish to the Client a detailed time-schedule for
getting the Works executed, after finalization of the Detailed Estimate
based on Detailed Designs and Drawings.
12.4 The Consultant shall make all efforts to get the Works executed as
per the time schedule finalized in Consultation with the Client.
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14.2 In case the designs prepared by the Consultants are found to be
defective as per the standard engineering practices, involving redoing
of the work already executed.
i) a sum not exceeding 5% of the fees for that work will be levied
on Consultants as liquidated damages.
ii) the Consultants shall prepare schemes for rectification and
modification for redoing the work free of cost.
14.3 The total of all liquidated damages will not be more than 10% of
Consultancy fees.
14.4 In case this Agreement envisages execution of a number of Works
under different Works Contracts, the stipulations in Articles 14.1 to
14.3 above will apply to each such work.
ARTICLE 15–FORCE MAJEURE
15.1 Neither the Consultant nor the Client shall be considered as defaulting
in the Performance of their contractual obligations under this
Agreement, as long as such performance is prevented or delayed, for
reasons, beyond the reasonable Control of the party claiming the
existences of Force Majeure such as Acts of God, severe earthquake,
cyclone (except monsoon), floods, lightning, land slide, fire or
explosions, plague or epidemics, strikes/ lockouts (lasting more than
14 consecutive calendar days), sabotage, blockade, war, riots,
invasion, acts of foreign enemies, hostilities (whether war be declared
or not), civil war, rebellion, revolution, insurrection or military usurped
power or confiscation or trade embargoes or destruction or requisition
by order of any Government or any Public Authority. The party
claiming the existence of Force Majeure shall within ten days or within
shortest possible period without delay, as the case may be, notify the
other party about the occurrence of the Force Majeure event and
provide the other details of arising and ceasing of the impediment. At
the end of the impediment, the party claiming the existence of Force
Majeure shall provide necessary documental proof of cessation.
15.2 As soon as the cause of Force Majeure has got removed, the party
whose ability to perform its obligations has been affected shall notify
the other of such cessation and of the actual delay incurred in such
affected activity, adducing necessary evidence in support thereof.
From the date of occurrence of a case of Force Majeure, obligations
of the party affected shall be suspended during the continuance of
Force Majeure Conditions along with any inability so caused until the
cause itself and the inability so caused resulting there from have been
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removed and the agreed time of completion of the respective
obligations under this contract shall stand extended by a period equal
to the period of delay occasioned by such events.
15.3 Should one or both the parties be prevented from fulfilling the
contractual obligations by state of Force Majeure lasting continuously
for a period of six months, the parties shall consult each other
regarding the future implementation of the Project.
ARTICLE 16 –AMENDMENTS TO AGREEMENT
Any amendments or modifications to this AGREEMENT must be in
writing and shall be signed by both the parties.
(a) This agreement will be valid for a period of 90 days beyond the
date when all the following documents are made available by
the Consultant to the Client.
279
mentioned above, the Client shall be deemed to have waived
his right to ask for such clarifications and/copies of missing
documents.
(c) Where the request for clarifications and/or copies of missing
documents has been recevied within period of 30 days as
mentioned above and the Consultant fails to furnish his
response within the time limit of 30 days before expiry of
Validity of the Agreement as defined in Para (a) above, the
Validity of the Agreement shall be automatically extended for a
futher period of 30 days from the date when the request of the
Client is complied with by the Consultant.
ARTICLE 18–TERMINATION OF AGREEMENT
a) The Agreement herein may be terminated at any time by either
Party (Client / Consultant) by giving a written notice of two
months to the other party. With the termination of the
Agreement, the Works Contracts will be operated directly by
the Client. Even after the termination of the Agreement, the
Consultant shall be liable and be responsible for due
certification/approval of any Bills submitted by the Works
Contractors at any time, in respect of the Work executed before
the termination of the Agreement.
b) In case there is any change in the Constitution of the
Consultant, the details will be promptly communicated to the
Client. In case the Client is of the opinion that this will affect
the Performance of the Consultant under this Agreement, the
Client shall be entitled to terminate this Agreement after giving
due notice and entrust the work to some other Agency.
c) In case of the Termination under Para “a” or “b” the Consultant
shall not be entitled to fees or compensation except of the fees
payable to them for the work actually done. The amount of
fees so payable shall be decided by mutual discussions
between the Client and the Consultant.
d) In case of the Termination under Paras “a” or “b”, the Client
may make use of all or any drawings, estimates or other
documents prepared by the Consultant, after a reasonable
payment for the services of the Consultant for preparation of
the same.
280
ARTICLE 19–ARBITRATION
a) If the Client is a Government Department/Organization or
CPSE / State PSE then in the event of any dispute or difference
relating to the interpretation and application of the provisions of
this contract, such dispute or difference shall be taken up by
either party for resolution through AMRCD as mentioned in
Government of India, Ministry of Heavy Industries & Public
Enterprises, Department of Public Enterprises OM No.
4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018.
OR
281
against each dispute and claim referred to him along with
reasons for the award.
e) The fees payable to the Arbitrator shall be paid equally by both
the Parties.
f) The Venue of the Arbitration shall be such place as may be
fixed by the Arbitrator in his sole discretion.
g) The demand for Arbitration by either Party on the other Party in
respect of any claims should be made within the Time Limit for
Validity of the Agreement stipulated under Article 17 of this
Agreement. Any demand for Arbitration beyond this time limit
shall be treated as Time barred and the Party on whom the
claims are made shall be discharged and released of all
liabilities under this Agreement in respect of such Claims.
Where the Consultant signs the Agreement with the Contractor for
and on behalf of the Client as an Agent/Power of Attorney Holder and
the Contractor files any claims in Arbitration / Court whether against
the Client or against the Consultant, both the Client and the
Consultant will implead themselves as parties to the Arbitration/Court
proceedings. The Consultant will defend the Arbitration/ Court
proceedings in coordination with the Client. In case any amount is
awarded by the Arbitrator/Court in favour of the contractor and if it is
decided by the Client to challenge the said Award, 75% of the Award
amount including interest (Payout Amount), declared by the Arbitrator
/ Court as payable to the Contractor will be made available by the
Client to the Consultant within 15 days of making of award by the
Arbitrator/court to enable the Consultant to deposit the same (after
obtaining a Bank Guarantee of the like amount from the Contractor) in
the Arbitral Award Escrow Account to be opened by the Contractor in
accordance with NITI Aayog’s OM No. 14070/14/2016 – PPPAU
dated 05.09.2016. Depositing of the said amount in the Escrow
Account will be without prejudice to the rights of the Client and
Consultant and subject to final order of the court in the matter under
challenge. Consequence of any delay in providing funds as required
will be to the Client’s account. In case it is decided by the Client to
accept the Award, the Client will directly pay the Award amount
together with interest, if any, to the Contractor in terms of the Award
282
under advice to the Consultant. Award amount including interest and
cost of defending the case will form a part of Built up Cost as defined
in Article 5(x). The Consultant and the Client will, by mutual
discussions, decide on what items of claims, if any, are attributable to
gross negligence of the Consultant. If there is any disagreement on
this issue, the same will be referred to for Arbitration under Article 19.
ARTICLE 21–JURISDICTION
The Parties hereby agree that the Courts in the City of ______ alone
shall have the jurisdiction to entertain any application or other
proceedings in respect of anything arising under this Agreement and
any award or awards made by the Arbitrator hereunder shall be filed
in the concerned Courts in the aforesaid City only.
(Note: Article 21 is to be deleted in case Article 19 (a) is with provision
for Arbitration by an Arbitrator by an Arbitrator in the Department of
Public Enterprises).
IN WITNESS HEREOF, the parties have hereunder signed this
AGREEMENT the date first written.
Witnesses:
Witnesses
1. 1.
2. 2.
283
ANNEXURE 5.1
(Refer Para 5.1.6)
WHEREAS on the ____ day of ___ an Agreement was entered into by the
undersigned ___________________ (Designation) of RITES LIMITED acting
for and on behalf of as Agent/Power of Attorney Holder of ______
(hereinafter referred to as the “Employer”) and ____ (hereinafter referred to
as the “Contractor”) under which the said Contractor among other conditions
contracted to provide ____ (Name of work).
AND WHEREAS the said parties are now mutually desirous of amending the
said Agreement in certain respects.
It is therefore hereby agreed by and between the Parties thereto as follows:-
Firstly (First item of amendment)______
(say) Secondly (Second item of amendment ) _____
(say) Thirdly (Third item of amendment) _________
(say) Fourthly–That this Amendment shall be numbered as No. ____with
Page No. ___ of the Contract and that the total number of pages on the
INDEX of the Contract shall be amended to read as ____ in lieu of ____.
Finally–That all other Terms of the Contract shall hold good in all other
respects and be in full force and effect.
In witness thereof the said Parties have hereto set their respective hands as
shown below on ____ date.
Signature of Contractor Signature of Engineer in Charge
Date
Seal
Signature and address of Witness
Copy to (Tender Accepting Authority)
Copy to The Employer For information.
284
ANNEXURE 5.2
(Refer Para 5.3)
1) This form, as its name indicates, is used for work in which contractors are
required to quote a lump-sum amount for completing the works in
accordance with the given designs, drawings, specifications and
functional requirements as the case may be. Lump-sum tender can be
either:
i) For only executing the work as per design, drawing and specification
given by RITES / Employer or
ii) For executing the work including the element of doing design work and
preparation of structural drawings as well, which shall be in keeping with
the given functional, structural and architectural parameters, and subject
to approval by the competent authority before hand.
ii) The extra payment or recovery over and above the accepted rate
shall be called for only in the event of authorized deviations from the
drawings and specifications (as given and / or referred to in the tender
documents) in course of execution and not otherwise.
285
these details so that there is little scope of guess work on the part of
the contractor while tendering, and chances of dispute at a later stage
are minimized. Any clarification or doubt as may be raised by the
intending tenderer should be cleared before the receipt of tender.
ii) A condition should be stipulated in the tender documents that the work
shall be executed as per detailed design and architectural / structural
drawings to be prepared by the successful contractor conforming to
the given parameters and functional / design requirements as
mentioned in the tender documents, and submitted to the department
within specified time after the award of work. The contractor shall
accordingly get the designs / drawings approved by RITES / Client
before taking up execution of the work.
(b) During the proof checking of the structural design, there could be a
tendency on the part of the contractor not to agree to RITES
genuine contention for revising the structural design that may
increase the cost of structure to his disadvantage.
ii) Wherever the above problem (s) is / are anticipated, the tenders shall
be invited in a two –bid system,
286
iii) The technical bids shall be evaluated by a Committee chaired by the
tender accepting authority and comprising of officers at appropriate
level from the disciplines concerned with the work. The Committee
shall obtain clarifications from the tenderer (s) and / or call them for
discussions wherever required, and select a final scheme. The same
shall be made available or made known to all the participating
tenderers, preferably through a pre-bid conference, and invite revised
technical bids from them, if required.
iv) After examining the technical bids / revised technical bids, and
equalizing the same in respect of all the tenderers, the price bids shall
be opened. If the tenderers are asked to modify their structural
design and calculations as a result of this exercise, or if the validity
period of the price bids expire, they shall be given the chance of
offering revised price bids, and in that event, only the revised price
bids shall be opened.
5) The lump sum tender documents where Drawings and Designs are to be
supplied by RITES / Client (refer Para 2 above) shall contain –
287
payment in the course of execution of the work. Before
submitting their tenders, the tenderers shall, therefore, have to
satisfy themselves that the quantities given in the tender
documents for the various items and components of the work
are correct. Deficiencies noticed, if any, should be
immediately brought to the notice of the tender inviting
authority, who shall examine the same, and make necessary
corrections, if required, to the tender documents before receipt
of he tenders.
iii) The contractor shall execute the work as per the drawings and
specifications as given in the tender documents, and shall
have no claim for any payment on account of deviations and
variations in quantity of any items (s) or component (s) of the
work, unless they are authorized deviations from the
parameters, drawings and specifications contained in the
tender documents.
288
ANNEXURE 6.1
(Refer Para 6.1.1)
289
ANNEXURE 6.2
(Refer Para 6.2)
290
ANNEXURE 6.3
(Refer Para 6.4.1. viii)
291
200 to 500 i) Graduate 1 5 Principal
Engineer Technical
Representative
1 Nil Project
ii) Graduate Planning/Site/
Engineer Billing
1 5 Engineer
or
Diploma
Engineer
50 to 200 Graduate 1 5 Principal
Engineer Technical
Representative
Notes: 1. ‘Cost of work’, in Table above means cost of work put to tender plus
the market value of cost of materials, if any, to be supplied free to the
contractor.
2. Rate of recovery in case of non compliance of Clause 36 (iv) will
be at the following rates which may be stipulated in Schedule F of
Tender Document:
292
3. Nothing extra need to be added while preparing market rate justified
amount of the work if stipulation is made as per above recommended
scale of requirement of technical staff.
293
ANNEXURE 6.4
(Refer Para 6.6.4)
RITES LIMITED
(A Government of India Enterprise)
294
ANNEXURE 6.5
(Refer Para 6.8)
1) General
2) Categories of Works
ii) Normal Works - Costing above Rs.3 Crore and upto and
including Rs.100 Crores
295
6) Estimated cost of work
The minimum Annual Financial Turnover in any one of the last three
financial years should be fixed as under:
8) Work Experience
296
Or
Or
Or
297
Two similar works each of Minimum value of 25% of the Estimated
Cost of work.
The bidder should have positive net worth of atleast 15% of the
Estimated Cost of Work. This will be judged from the Audited Balance
Sheet of the last financial year ending on a date not prior to 18 months
from the due date for submission of the tender (or, if the due date is
extended, such extended date of submission.)
11) Profitability
The Bidder should be a Profit (Net) making firm and should have
made profit during any two of the past 3 Financial Years immediately
preceding the deadline for submission of bids. If the Audited Balance
Sheet for the immediately preceding year is not available in case of
tenders opened before 30th September, Audited Balance Sheets of
the three Financial Years immediately preceding the previous
Financial Year shall be considered.
298
COMPARATIVE STATEMENT
ITEM RATE TENDER
(i) TENDER NO: (ii) NAME OF WORK (iii) DATE OF OPENING OF TENDER
(iv) NO. OF TENDERS EVALUATED
Note: If there is any unconditional Rebate its financial implication should be determined and shown below suitably.
BOQ Item Brief Details of BOQ UNIT QUANTITY RATE AS GIVEN IN TENDERER No. TENDERER No.
No. item SANCTIONED
ESTIMATE Name: Name:
UNIT AMOUNT UNIT AMOUNT UNIT RATE UNIT RATE AMOUNT UNIT RATE
RATE (Rs. ) RATE QUOTED QUOTED QUOTED QUOTED QUOTED AS
(Rs. ) QUOTED (Rs. ) AS % OF (Rs. ) (Rs. ) % OF
(Rs. ) ESTIMATE UNIT ESTIMATE
RATE OF RATE OF
RITES RITES
299
Total --- --- --- --- ----' --- ---
Rating Tenderer based on Total --- ---- --- ---
Amount Quoted
Conditions (if any) Quoted --- ---- ---- ---
Note: In the case of item Rate Tenders, only rated quoted against each item shall be considered. Any Tender containing percentage below/above Schedule Rate
against the item shall be rejected. However, any unconditional rebate as a percentage of the total amount quoted is to be accepted. Discrepancies in rates
and amount will be dealt with as under.
(i) If for any item rate in figures and words and the amount have been given and the rates in figures and words don ’t agree with each other, the rate which
corresponds with the amount quoted by the Tenderer, shall unless otherwise proved, be taken as correct.
(ii) If the amount of an item is not worked out by the Tenderer or it does not correspond with the rates written either in figures or in words, then the rate quoted
by the Tenderer in words shall be taken as correct.
(iii) Where the rates quoted by the Tenderer for any item in figures and words tally but the amount for that item is not worked out correctly, the rate quoted by the
Tenderer, unless otherwise proved, should be taken as correct and the amount worked out accordingly.
(iv) In the event that no rate has been quoted for any item (s) leaving space both in figure (s) or word (s) and the amount blank, it will be presumed that the
Tenderer has included the cost of this / these items on other items and rate for such item (s) will be considered as zero.
(v) For any conditional rebate, its financial implication should not be taken into consideration for evaluation of bid price, but the same should be shown separately
ANNEXURE 8.1A
suitably.
ANNEXURE 8.1B
(Refer Para 8.8.3)
(i) (iii)
(ii) (iv)
300
ANNEXURE 8.2
(Refer Para 8.14.2)
Dear Sirs,
301
You are requested to contact _________ (complete designation and address of the
Project Coordinator) for carrying out the contract.
You are also requested to attend this office within Twenty Eight days from the date
of issue of this letter for execution of the formal agreement. It may be noted that
no payment shall be made for any work carried out by you till
the Agreement is executed and till such time the Performance Guarantee and
Additional Performance Guarantee (where applicable) has/have been submitted by
you.
This Letter of Acceptance is being sent to you in duplicate and you are requested to
return without delay one copy of the letter duly signed and stamped, as a token of
your acknowledgement.
Kindly note that this Letter of Acceptance shall constitute a binding Contract
between us pending execution of formal Agreement.
Your letters as well as this office letters referred to above shall form part of the
Contract.
Yours faithfully,
RITES LIMITED
Agent / Power of Attorney Holder
For and on behalf of______ (The Employer)
Copy to :
1. ___________ (The Employer) for information.
(To be included on the Original sent to the Contractor)
2. Project Coordinator (Complete designation and address)
3. Associated Finance (Not in original)
302
ANNEXURE 8.3
(Refer Para 8.14.4)
FORM OF AGREEMENT
(ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
Agreement No. ________ dated ________
THIS AGREEMENT is made on _________ day of _______ Two thousand
________ between RITES Ltd., a Government of India Enterprise and a
Company registered under Companies Act, 1956 having its registered office
at SCOPE Minar, Laxmi Nagar, Delhi-110012 and its Corporate Office at
RITES BHAWAN, Plot No.1, Sector 29, Gurgaon (Haryana) representing
through ___________ RITES LIMITED acting for and on behalf of and as an
Agent / Power of Attorney Holder of _____ , hereinafter called the Employer
(which expression shall, wherever the context so demands or requires,
include their successor in office and assigns) on one part and M/s. _______
hereinafter called the Contractor (which expression shall wherever the
context so demands or requires, include his/their successors and assigns) of
the other part.
WHEREAS the Employer is desirous that certain works should be executed
viz. (brief description of the work) ______ and has by Letter of Acceptance
dated ______ accepted a tender submitted by the Contrctor for the execution,
completion, remedying of any defects therein and maintenance of such works
at a total Contract Price of Rs. _______ (Rupees _________________ only)
Now THIS AGREEMENT WITNESSETH as follows:-
1. In this agreement words and expressions shall have the same
meaning as are respectively assigned to them in the Conditions of
Contract hereinafter referred to.
2. The following documents in cojunction with Addenda/ Corrigenda to
Tender Documents shall be deemed to form and be read and
construed as a part of this Agreement viz.
303
(f) Schedules A to F
(g) Technical specifications
(h) Drawings
(i) Amendments to Tender Documents (list enclosed)
(j) General Conditions of Contract (read with Correction Slip Nos.
1 to ___ ) comprising of:
(i) Conditions of Contract
(ii) Clauses of Contract
(iii) RITES Safety Code
(iv) RITES Model Rules for the protection of Health and
Sanitary arrangements for Workers
(v) RITES’ Contractor’s Labour Regulations
304
SIGNED, SEALED AND DELIVERED BY
_________________________ _____________________
In the capacity of ______ representing RITES LIMITED
In the capacity of Agent /
Power of Attorney Holder
1. 1.
2. 2.
305
ANNEXURE 8.4
(Refer Para 8.15)
306
ANNEXURE 8.5
(Refer Para 8.3.2 (iii) & Para 8.11.1)
New Delhi,
The 23rd March, 2012
ORDER
And whereas, the Public Procurement Policy shall apply to Micro and
Small Enterprises registered with District Industries Board or Coir Board or
National Small Industries Corporation or Directorate of Handicrafts and
Handloom or any other body specified by Ministry of Micro, Small and
Medium Enterprises;
And whereas, the Public Procurement Policy rests upon core principles of
competitiveness, adhering to sound procurement practices and execution of
orders for supply of goods or services in accordance with a system which is
fair, equitable, transparent, competitive and cost effective; and
307
2. Short title and commencement –
(1) This Order is titled as `Public Procurement Policy for Micro and
Small Enterprises (MSEs) Order, 2012.’
(2) It shall come into force with effect from Ist April, 2012.
(3) After a period of three years i.e. from Ist April, 2015, overall
procurement goal of minimum of 25 per cent shall be made
mandatory.
308
Scheduled Caste or Scheduled Tribe and women entrepreneurs
respectively, shall be met from other Micro and Small Enterprises.
(2) In case of more than one such Micro and Small Enterprise, the
supply shall be shared proportionately (to tendered quantity).
309
in Government procurements – For enhancing participation of
Scheduled Castes or Scheduled Tribes in Government procurement,
the Central Government Ministries, Departments and Public Sector
Undertakings shall take following steps, namely:-
(2) This Committee shall, inter alia, review list of 358 items reserved
for exclusive purchase from Micro and Small Enterprises on a
continuous basis, consider requests of the Central Ministries or
310
Departments or Public Sector Undertakings for exemption from
20 per cent target on a case to case basis and monitor
achievements under the Policy.
15. Monitoring of Goals – The monitoring of goals set under the Policy
shall be done, in so far as they relate to the Defence sector, by
Ministry of Defence itself in accordance with suitable procedures to
be established by them.
(AMARENDRA SINHA)
Additional Secretary and Development Commissioner
(MSME)
311
Annexure- 8.5 A
OFFICE MEMORANDUM
Sub: Amendment to the Rule 170 (i) of General Financial Rules (GFR),
2017.
(Vinayak T. Likhar)
312
Format of Tender Opening Register
Name of Work:
Estimated Cost Put to Tender:
Tender No:
Date & Time of Receipt of Tenders: On ………... / ………... / …………………… upto ………… : ……….. Hrs.
Date & Time of Opening of Tenders: On ………... / ………... / …………………… at ………… : ……….. Hrs.
313
Document (If Downloaded) Quoted by the Total Amount of Percentage Total Quoted Total Quoted Total Amount Unconditional Total Tenderer or his any of
Tenderer Schedule Items put to (Above/Below) Quoted Amount of Amount of All Items Quoted (in Rs.) Rebate, if any Amount after Representative Tender
Tender (in Rs.) against Schedule Items Schedule Items (in for which Item Rates (8 + 9) Rebate (in with Name of Opening
(Applicable in case of Quoted on have been quoted Rs.) Signatory & their Committee
Percentage Schedule percentage basis ( including Non- remarks if any / Observer
tenders only) in Rs.) Schedule Items (in
Rs.)
1 2 3 4 5 6 7 8 9 10 11 12 14 15
Annexure 8.6
(Ref Para 8.3.26)
DECLARATION BY TENDERERS OR THEIR REPRESENTATIVES
1 At the time of dropping our bid, we were satisfied that the tender box was locked and sealed.
2 Tender box was opened in our presence to our satisfaction at the Scheduled Time & Date.
3 All the bids were shown to us in sealed condition before opening.
4 Sealed envelops containing Price Bids of all responsive tenderers were placed in another envlop which was sealed in our presence.
5 *The Percentage quoted above/below Schedule Items in case of Percentage Rate Tender & Amount thereof was read out by the Tender Opening Committee.
6 *Quoted Rates & Amounts of all the items i/c Non Schedule items for which item rates were invited were read out by the Tender Opening Committee to our satisfaction.
7 Conditions, if any, quoted by tenderers were read out by Tender Opening Committee to our satisfaction.
8 * Unconditional Rebate & Amount after Rebate were read out by Tender Opening Committee to our satisfaction.
9 Relevant features of the tender were read out to our satisfaction.
1. Signature
Name of Tenderer: 2. Signature 3. Signature
Name of Representative: Name of Tenderer: Name of Tenderer:
314
Designation of Representative: Name of Representative: Name of Representative:
Designation of Representative: Designation of Representative:
315
satisfaction of the Employer at his cost and shall commence the work for
such rectification within seven days from the date of issue of the notice from
the Employer calling upon him to rectify the defects failing which the work
shall be got done by the Employer by some other contractor at the
Guarantor’s cost and risk. The decision of the Employer as to the cost,
payable by the Guarantor shall be final and binding.
That if Guarantor fails to execute the water proofing or commits breach
thereunder then the Guarantor will indemnify the Employer and his
successors against all loss, damage, cost expense or otherwise which may
be incurred by him by reason of any default on the part of the Guarantor in
performance and observance of this supplementary agreement. As to the
amount of loss and / or damage and / or cost incurred by the Employer the
decision of the Employer will be final and binding on the parties.
In witness whereof these present have been executed by the Guarantor
_______ and by ________ (Name and Designation of Officer of RITES Ltd. )
acting for and on behalf of the Employer as Agent / Power of Attorney Holder
on the day, month and year first above written.
SIGNED, SEALED and delivered by GUARANTOR in the presence of :-
1.
2.
SIGNED for and on behalf of RITES LTD. by ________ in the presence of:-
1.
2.
Copy to the Employer
316
ANNEXURE 10.2
(Refer Para 10.9)
317
for and on behalf of the Employer as Agent / Power of Attorney Holder on the
day, month and year first above written..
SIGNED, SEALED and delivered by the GUARANTOR in the presence of
___
1.
2.
SIGNED for and on behalf of RITES LTD. by —— in the presence of -
1.
2.
Copy to the Employer
318
ANNEXURE 12.1
(Refer Para 12.2.4)
319
for determination of the Contract on account of your default in the
discharge of your contractual obligation. In the event of such a
Determination of the Contract, in terms of Clause 3 (i) of the Contract,
the Earnest Money Deposit, Security Deposit already recovered and
Performance Guarantee shall be forfeited by the Employer and further
action will be taken as stipulated in Clause 3 of the contract, without
prejudice to the other rights or remedies available to the Employer
under the terms of the Contract or under law.
Yours faithfully,
Engineer-in-Charge
For and on behalf of RITES Ltd
Copy to:
Site Engineer
320
ANNEXURE 12.2
(Refer Para 12.2.4)
321
Deposit, Security Deposit already recovered and Performance
Guarantee shall be forfeited by the Employer and further action will be
taken as stipulated in Clause 3 of the contract, without prejudice to the
other rights or remedies available to the Employer under the terms of
the Contract or under law.
3. Please acknowledge receipt of this letter.
Yours faithfully,
Engineer-in-Charge
For and on behalf of RITES Ltd
Copy to: Site Engineer
322
ANNEXURE 12.3
(Refer Para 12.2.4)
PROFORMA FOR LETTER TO BE ISSUED BY THE ENGINEER-IN-
CHARGE TO THE CONTRACTOR IN CASES OF FAILURE BY
CONTRACTOR UNDER CLAUSE 3 OF CONTRACT TO ACCELERATE
THE PROGRESS OF WORK FOR COMPLETION BY THE STIPULATED
COMPLETION DATE
BY REGD. POST / ACK. DUE
(NOTICE UNDER CLAUSE 3 (iii) OF CONTRACT)
Office of _______ (Engineer in Charge)
Letter No. dated
To
(Contractor)
Address
Dear Sir,
Sub: CONTRACT AGREEMENT NO. ____ DATED ____ NAME OF WORK
_______
The date of completion of work under the above mentioned contract is ___ and I
notice that the progress of the work has been very slow and unless you proceed
with due diligence and accelerate the progress of the work, you are not likely to
complete the work by the stipulated completion date.
1. In the capacity of Engineer-in-charge hereby draw your attention to the fact that
time is of the essence of this contract and accordingly give you notice that if
you do not take necessary action to accelerate the progress of work, within 7
days of issue of this letter, I will be obliged to recommend to the Competent
Authority for determination of the Contract on account of your default in the
discharge of your contractual obligation. In the event of such a Determination
of the Contract, in terms of Clause 3 (iii) of the Contract, the Earnest Money
Deposit, Security Deposit already recovered and Performance Guarantee shall
be forfeited by the Employer and further action will be taken as stipulated in
Clause 3 of the contract, without prejudice to the other rights or remedies
available to the Employer under the terms of the Contract or under law.
2. Please acknowledge receipt of this letter.
Yours faithfully,
Engineer-in-Charge
For and on behalf of RITES Ltd
Copy to: Site Engineer
323
ANNEXURE 12.4
(Refer Para 12.2.4)
324
the contract, without prejudice to the other rights or remedies
available to the Employer under the terms of the Contract or under
law.
3. Please acknowledge receipt of this letter.
Yours faithfully,
Engineer-in-Charge
For and on behalf of RITES Ltd
Copy to: Site Engineer
325
ANNEXURE 12.5
(Refer Para 12.2.4)
326
• No reply has been received to the Show Cause Notice under
reference till date/Your reply vide your letter No._____ dated
_____ in response to the Show Cause Notice has been
considered carefully but not found to the satisfaction of the
Engineer-in-charge due to reasons mentioned below.
__________ (strike out whichever alternative is not applicable).
1. Therefore, the undersigned ____ (Designation) of RITES Limited
acting for and on behalf of as Agent / Power of Attorney Holder of
__________ (the Employer) in exercise of the powers vested in me in
terms of Clause 3 of Contract and without prejudice to any other right
or remedy which shall have accrued or shall accrue hereafter to the
Employer under the terms of the above said Contract, hereby
terminate your Contract on account of your default and the said
contract shall stand terminated with effect from ____ (date).
2. You are advised that with the termination of the Contract in your
favour, in terms of Clause 3 of Contract, your Earnest Money Deposit,
Security Deposit already recovered and Performance Guarantees
under the Contract shall stand forfeited and shall be absolutely at the
disposal of the Employer.
3. You are accordingly requested to report to office of ____ (Site
Engineer) in person or through an accredited representative at _____
on ______ where an inventory of complete / incomplete works will be
made and recorded jointly. In the event of your failure to keep up this
appointment, inventory will nevertheless be prepared not
withstanding your absence and the same shall be final and fully
binding on you.
4. Please also note that in terms of the provisions under Clause 3 of
Contract, the works remaining unexecuted by you and now taken out
of your hands, will be got executed by another Contractor and you will
not be allowed to participate in the tendering process for the balance
work.
5. It may also be noted that in terms of Clause 3 of Contract, with this
Termination of Contract you shall have no claim to compensation for
any loss sustained by you by reason of your having purchased or
procured any material or entered into any engagements or made any
advances on account or with a view to execution of the work or
performance of the contract. You shall be entitled to be paid only for
the work actually performed under the contract upto the date of
Termination of the Contract as certified by _____ (Engineer).
327
6. This is without prejudice to any other right or remedy which shall have
accrued or accrue hereafter to the Employer.
7. Please acknowledge receipt of this letter.
Yours faithfully,
Engineer-in-Charge
for and on behalf of
: RITES Ltd.
N.O.O.
Copy to:
328
ANNEXURE 12.6
(Refer Para 12.14)
329
Contract subject to the limit mentioned therein. You will be advised
the details of the documents and other information to be made
available by you, to facilitate completion of the above exercise.
4. Your attention is invited specially to the provisions in Clause 13 of the
Contract to the effect that you shall have no claim to any payment of
compensation or otherwise whatsoever, an account of any profit or
advantage which you might have derived from the execution of the
works listed at Annexure 1.
5. This Notice is without prejudice to any other right or remedy which
shall have accrued or may accrue to the Employer under the terms of
this Contract.
6. Kindly acknowledge receipt of this letter.
Encl: Annexure 1
Yours faithfully,
Engineer-in-Charge
N.O.O. for and on behalf of
Copy to : RITES Ltd.
i) Tender Accepting Authority for information.
ii) Site Engineer
Copy to the Employer for information.
330
ANNEXURE 12.6A
(Refer Para 12.9)
To
(Contractor)
Address
Dear Sir,
2) It is noticed that inspite of the fact that considerable time has elapsed
since the issue of such instructions, you have not taken any corrective action.
331
from your hands and get them carried out by any other Agency, thus leaving
you to carry out only rest of the work excluding those listed at Annexure. In
the event of such an action by the Competent Authority, in terms of Clause 14
of Contract, you will be liable for loss / damage likely to be suffered by the
Employer and hence will be required to pay to the Employer by way of
compensation a sum equivalent to 20% of the value of part work / part
incomplete work items as per details listed at Annexure with the cost
determined on the basis of your Contract rates. The amount to be paid by
you will however be subject to a maximum of 10% of the Tendered Value.
This is without prejudice to any other right or remedies available to the
Employer under the terms of the contract or under law.
Encl: Annexure
Engineer-in-Charge
For and on behalf of RITES Ltd
Copy to: Site Engineer
332
ANNEXURE – 12.6 B
(Refer Para 12.9)
To:
(Contractor)
Address
Dear Sir,
1) In spite of the Show Cases Notice issued to you through letter under
reference in connection with the work to be executed under the above
mentioned contract, you have failed to carry out your obligations
under the contract as listed in the Show Cases Notice.
333
withdraw from your hands the part work/part incomplete work items
listed at Annexure with effect from --------- on account of your default.
3) You are advised that in terms of the provisions under Clause 14 of the
contract, you are liable to pay to the Employer within 30 days from the
date of issue of this letter, an amount equivalent to 20% of the value
of part work/part incomplete work as detailed at Annexure enclosed.
The amount to be paid by you has been determined based on your
contract rates including Price Variation as applicable on the date of
issue of this letter. The amount to be paid by you will however be
subject to the limit of maximum of 10% of Tendered Value. If the
payment is not effected within the stipulated period of 30 days, action
will be taken to recover the amount as per procedure laid down in
Clause 14 of contract.
4) Please note that the part work/part incomplete work being taken out of
your hands, will be got executed by another Agency at the discretion
the Employer and you will not be allowed to participate in the
Terdering process for the same.
6) Please also note that you will have no claim to compensation for any
loss sustained by you by reason of having purchased or procured any
materials or entered into any engagement or made any advance on
any account with a view to execution of work or the performance of
the contract so far as they relate to the part work/part incomplete work
items now taken out of your hands.
334
Not in Original
Copy to:
Copy to:
335
ANNEXURE 12.7
(Refer Para 12.14)
(for Engineer-in-Charge)
Copy to (Engineer-in-Charge)
336
ANNEXURE 12.8
(Refer Para 12.14)
337
Encl: Annexures 1, 2 & 3
Not in Original
Copy to ____ (Tender Accepting Authority) with a statement indicating the position of
Extension of Contract Period / Deviation orders / Special rates yet to be finalized and
Claims from the Contractors on which decisions are yet to be conveyed. The officials
of RITES LTD. with whom the papers are pending are indicated against each item in
the statement enclosed.
Copy to the Employer for information.
338
ANNEXURE 12.9
(Refer Para 12.14)
Dear Sir,
339
Not in Original
Copy to ____ (Tender Accepting Authority) with a statement indicating the
position of Extension of Contract Period / Deviation orders / Special rates yet
to be finalized and Claims from the Contractors on which decisions are yet to
be conveyed. The officials of RITES LTD. with whom the papers are pending
are indicated against each item in the statement enclosed.
Copy to the Employer for information.
340
ANEXURE 12.10
(Refer Para 12.12A)
To,
_________________
, Mining Department,
Govt. of ________________
Dear Sir,
Sub: ROYALITY CHARGES CLEARANCE
CONTRACT AGREEMENT NO.______________________
BETWEEN RITES LTD. AND __________________CONTRACTOR
(Contractor)
341
ANNEXURE 13.1
(Refer Para 13.5.1)
342
d) Period for which it is likely to last
e) Period for which extension required for this particular hindrance
f) Overlapping period if any, with reference to item________
g) Net extension applied for
h) Remarks, if any.
Total period on account of hindrances mentioned above _____
Months ____ Days
12. Extension of time required for extra work
a) Details of extra work and the amount involved:-
b) Proportionate period of extension of time based on estimated
amount put to tender on account of extra work.
13. Total extension of time required for 11 & 12
343
APPLICATION FOR EXTENSION OF TIME
PART II
(To be filled in by the Site Engineer)
1. Date or receipt of application from _______
Contractor for the work of ________
2. Acknowledgement issued vide No._______ dated
3. Remarks of Site Engineer on the reasons given by the contractor as
to whether they are correct and what extension, if any, is
recommended by him. If he recommends the extension with
liquidated damages reasons for the same should be given.
Signature of
Site Engineer
Dated
(To be filled in by the nominated Project Coordinator).
1. Date of receipt in the Office
2. Project Co-ordinator’s remarks regarding hindrances mentioned by
the Contractor.
i) Serial No.
ii) Nature of hindrance
iii) Date of occurrence
iv) Period for which hindrance is likely to last
v) Extension of time applied for by the contractor
vi) Overlapping period, if any, giving reference to items which
overlap
vii) Net period for which extension is recommended
viii) Remarks as to why the hindrance occurred and justification for
extension recommended.
3. Project Co-ordinator’s Remarks on Request for Extension of time for
extra works.
4. Project Coordinator’s recommendations on whether extension can be
given with or without penalty. The present progress of the work
should be stated and whether the work is likely to be completed by the
date upto which extension has been applied for. If extension of time is
344
recommended with penalty what compensation is recommended to be
levied under Clause 2 of the agreement.
Signature of Engineer-in-Charge
Designation
345
ANNEXURE 13.2
(Refer Para 13.6.1)
To
Name_______
Address of the Contractor ______
Agreement No. & date
Subject:
Dear Sir(s),
Reference your letter No._______ dated _____ in connection with the grant
of extension of time for completion of the work ________
The date of completion for the above mentioned work is ________ as
stipulated in the agreement dated the ____. Last extension of time granted
was upto _______ vide this office Letter No._________________________
dated ________.
Extension of time for completion of the above mentioned work is now
granted upto ____ without prejudice to the right of RITES to recover
liquidated damages in accordance with the provision of Clause 2 of the said
agreement dated the ____. Decision by the Competent Authority on levy of
liquidated damages will be communicated to you in due course.
Provided that notwithstanding the extension hereby granted, time is and shall
still continue to be the essence of the said agreement.
Yours faithfully,
Engineer-in-Charge
For and on behalf of RITES LTD.
N.O.O
Copy to the Employer for information.
346
ANNEXURE 13.3
(Refer Para 13.6.2)
Engineer-in-Charge
For and on behalf of RITES LTD.
Copy to the Employer for information.
347
ANNEXURE 13.4
(Refer Para 13.9)
348
satisfaction of the Competent Authority, such actions will be taken against
you as are contemplated under Clause 2 thereunder of the said agreement
without further notice.
Yours faithfully,
(Engineer in charge)
For and on behalf of RITES Ltd.
Note: Strike out whichever is not applicable. Notice may be modified suitably
if it is intended to impose compensation for any item or group of items of work
for which a separate period of completion is originally given.
349
ANNEXURE 13.5
(Refer Para 13.9)
Name _________
Address of the Contractor _________
______________________________
350
claimed by the contractor and total delay on part of contractor to be indicated
in brief). After taking into consideration all the facts & circumstances, the
Competent Authority has come to the conclusion that you are solely
responsible for delay of ___ months ____ days.
In exercise of the powers conferred on him under Clause 2 of the agreement
the Competent Authority has decided and determined that you are liable to
pay Rs.____ as and by way of compensation as stipulated in Clause 2 of the
agreement. The said amount of compensation is hereby levied on you for the
period of ______ and at the rate of ______ as determined by the Competent
Authority on the tendered amount of the work shown in the agreement and
you are hereby called upon to pay the same to RITES Ltd. within _____ (here
mention the period) failing which the said amount shall be recovered from
your Security Deposit and / or Performance Guarantee lying with RITES Ltd.
adjusted or set – off against any sum payable to you under this or any other
contract with RITES Ltd.
Yours faithfully,
(Engineer in charge)
For and on behalf of RITES Ltd.
N.O.O
351
ANNEXURE 13.6
(Refer Para 13.9)
Extension of time for completion of the above mentioned work was granted
by the Engineer –in- charge vide his letter no. upto _____ under clause 5 of
the said agreement without prejudice to the right of RITES to recover
compensation in accordance with the provisions of Clause 2 of the said
agreement. (Delete this Para if work was determined before stipulated date
of completion)
The work entrusted to you under the agreement referred above could not be
completed within stipulated / extended (strike out whichever not applicable)
date of completion and the work has been finally determined under clause 3
vide letter dated _____. Under the provisions of clause 2 of the above said
agreement you have rendered yourself liable to pay compensation.
352
by the stipulated date of completion / extended date of completion (Strike out
as the case may be). Please note that in case no cause is shown by you
within the stipulated period or the cause shown is not to the satisfaction of
the Competent Authority, such actions will be taken against you as are
contemplated under Clause 2 of the said agreement without further notice.
Yours faithfully,
(Engineer in charge)
For and on behalf of RTIES Ltd.
353
ANNEXURE 14.1
(Refer Para 14.2.1)
354
ANNEXURE 14.2
(Refer Para 14.2.1)
To
_____________
_____________
Sub: Construction of ____________
Ref.: Your letter No. ____________
Sir,
I / We have carefully read the terms and conditions offered in your letter
dated ____ and they are acceptable to me / us.
Pending the decision of the Competent Authority of RITES of the final rates of
payment against the items of work specified in the statement attached to your
above letter, which rates will be final and binding. I / We agree to the same
being paid at the provisional rates indicated against each of the said item of
work for the above work as mentioned in your statement.
Yours faithfully,
Contractor (s)
355
Annexure 16.1
(Refer Para 16.2.1)
MORTARS
1 2 3 4 5 6 7
356
Cement 3.1.2 a) Physical requirement
(Part VI)
357
more
frequently
as decided
by
Engineer-
in-Charge.
Fly Ash 3.1.5 & Total chloride in percent by Lab IS 12423 10cum Every 10
3.1.5.1 mass, max. cum or
part
thereof or
more.
358
ANNEXURE 16.2
Cement Concrete work
LIST OF MANDATORY TESTS
1 2 3 4 5 6 7
359
f) Aggregate crushing Field/Lab IS 2386 10cum -do-
strength
360
ANNEXURE 16.3
Reinforced Cement Concrete work
LIST OF MANDATORY TESTS
1 2 3 4 5 6 7
361
connecte
d
columns
Fine 50 cum or
Aggre- part thereof
gates & also on
each
change of
source
Cement 50 MT or
on each
change of
source
362
in all location taken
together. R.C.C.
done in a day is less
than 50 cum test
may be carried out
as required by
Engineer-in-Charge
Fine 50 cum or
Aggre- part thereof
gates & also on
each
change of
source
Cement 50 MT or
on each
change of
source
i) Under i) Under
10mm 10m
dia, one m
363
sample dia,
for each one
25 samp
tonnes le for
or part each
thereof. 40
tonn
es or
part
there
of.
364
ANNEXURE 16.4
Brick Work
LIST OF MANDATORY TESTS
365
ANNEXURE 16.5
Marble work
366
ANNEXURE 16.6
Wood Work
LIST OF MANDATORY TESTS
1 2 3 4 5 6 7
367
ANNEXURE 16.7
Steel Work
1 2 3 4 5 6 7
(c)Flattening
Test
IS 2328
368
ANNEXURE 16.8
Flooring
LIST OF MANDATORY TESTS
1 2 3 4 5 6 7
Terrazzo 11.10.1 & 1.Transverse Laboratory IS: 1237 5000 Nos. One test of
Tiles 11.11.1 strength (No testing every 10,000
need be Nos. or part
2.Water done if thereof for each
absorption total type and size
number of from a single
3.Abrasion tiles of all manufacturer.
test types of all (One test to be
sizes from done even if the
all number of
manufactu Terrazo tiles of
rers used any type and
in a work size from a
is less single
than 5000 manufacturers is
Nos.) less than 5000
Nos. provided
the total number
of terrazo tiles
of all types and
sizes from all
manufacturers
used in a work
exceed 5000
Nos.
Pressed 11.4, 1.Dimensions Laboratory IS: 13630 3000 Nos. 3000 Nos. or
ceramic and surface part thereof.
tiles (for 11.5 & quality
floor & wall) 11.16 2.Physical
properties
3.Chemical
properties
369
ANNEXURE 16.9
Road Work
2.Abrasion IS:2386
Value or
Aggregate (Part V)
Impact
Value IS:5640
3.Flakiness IS:2386
Index
(Part I)
3
Embankment 16.3.1 1.Moisture Laboratory Field IS: 2720 Nil 250 m
under (O.M.C. content (Part II)
conditions)
IS: 2720
2. Density
(Part
370
3
XXVIII) Nil 250 m
3
8000 m
(Part V)
3
(e)Moisture Laboratory IS:2720 Nil 250 m
content
(Part II)
371
3.Flakiness Laboratory IS:2386 Nil -Do-
Index
(Part I)
372
3
2.Los Angles Laboratory IS:2386 Nil 100 m
Abrasion
Value/ (Part IV)
Aggregate
Impact
Value
373
subject to
a
minimum
of 2 sets
being
tested per
plant, per
day.
374
4.Deleterious -Do- IS: 2386 - Before
material approval of
(Part II) the quarry
and at every
subsequent
change in
the source
of supply.
Fine
Aggregate
375
5.Mix Field IS:2386 - One test
Aggregate per
(Part I)
15 cum of
concrete
30 cum of
concrete.
376
Annexure 16.10
(Refer Para 16.3)
Note : This Annexure 16.10 is given only for ready reference. In case of
any discrepancy, IS 456 : 2000 with up to date Amendments shall take
precedence over this Annexure 16.10.
Standard M25 25
Concrete
M30 30
M35 35
M40 40
M45 45
M50 50
M55 55
High M 60 60
Strength
Concrete M 65 65
M 70 70
377
M 75 75
M 80 80
Notes:
1. In the designation of concrete mix M refers to the mix and the number
to the specified compressive strength of 150 mm size cube at 28
days, expressed in N/sqmm.
2. For Concrete of compressive strength greater than M 55, design
parameters given in the standard may not be applicable and the
values may be obtained from specialist literatures and experimental
results.
378
Table 8 Assumed Standard Deviation
(Clause 9.2.4.2 and Table 11)
M 20 4.0
M 25
M 30 5.0
M 35
M 40
M 45
M 50
NOTE: The above values correspond to the site control having proper storage
of cement; weigh batching of all materials; controlled addition of
water, regular checking of all materials, aggregate gradings and
moisture content; and periodical checking of workability and strength.
Where there is deviation from the above, values given in the above
table shall be increased by 1N/sqmm.
379
Table 9 Proportions for Nominal Mix Concrete
(Clause 9.3 and 9.3.1)
M 15 330 32
M 20 250 30
NOTE: The proportion of the fine to coarse aggregates should be adjusted from
upper limit to lower limit progressively as the grading of fine aggregates
becomes finer and the maximum size of coarse aggregate becomes larger.
Graded coarse aggregate shall be used.
Example:
For an average grading of fine aggregate (that is, zone II of Table 4 IS 383),
the proprotions shall be 1: 1 1/2, 1:2 and 1:2 1 /2 for maximum size of
aggregates 10 mm, 20 mm and 40 mm respectively.
380
ANNEXURE 16.10 (Contd.)
1-5 1
6-15 2
16-30 3
31-50 4
51 and above 4 plus one additional sample for each
additional 50 cum. or part thereof.
381
NOTE- At least one sample shall be takenfrom each shift. Where
concrete is produced at continuous production unit, such as
ready mixed concrete plant, frequency of sampling may be
agreed upon mutually by suppliers and purchasers.
15.3 Test Specimen
Three test specimens shall be made for each sample for testing at 28
days. Additional samples may be required for various purposes such
as to determine the strength of concrete at 7 days or at the time of
striking the form work, or to determine the duration of curing, or to
check the testing error. Additional samples may also be required for
testing samples cured by accelerated methods as described in IS
9103. The specimen shall be tested as described in IS 516.
15.4 Test Results of Sample
The test results of the sample shall be the average of the strength of
three specimens. The individual variation should not be more than +
or – 15 per cent of the average. If more, the test results of the sample
are invalid.
16 ACCEPTANCE CRITERIA
16.1 Compressive Strength
The concrete shall be deemed to comply with the strength
requirements when both the following conditions are met:
a) The mean strength determined from any group of four consecutive
test results complies with the appropriate limits in col 2 of Table
11.
b) Any individual test result complies with the appropriate limits in col
3 of Table 11.
16.2 Flexural Strength
When both the following conditions are met, the concrete complies
with the specified flexural strength.
a) The mean strength determined from any group of four consecutive
test results exceeds the specified characteristic strength by at
least 0.3 N / sqmm.
b) The strength determined from any test result is not less than the
specified characteristic strength less 0.3 N/sqmm.
382
16.3 Quantity of Concrete represented by Strength Test Results
The quantity of concrete represented by a group of four consecutive
test results shall include the batches from which the first and last
samples were taken together with all intervening batches.
For the individual test results requirements given in col 2 of
Table 11 or in item (b) of 16.2 only the particular batch from which
the sample was taken shall be at risk.
Where the mean rate of sampling is not specified, the maximum
quantity of concrete that four consecutive test results represent shall
be limited to 60 cum.
16.4 If the concrete is deemed not to comply pursuant to 16.3, the
structural adequacy of the parts affected shall be investigated (see
17) and any consequential action as needed shall be taken.
16.5 Concrete of each grade shall be assessed separately.
16.6 Concrete is liable to be rejected if it is porous or honey- combed, its
placing has been interrupted without providing a proper construction
joint, the reinforcement has been displaced beyond the tolerances
specified, or construction tolerances have not been met. However, the
hardened concrete may be accepted after carrying out suitable
remedial measures to the satisfaction of the Engineer in Charge.
Table 11 Characteristic Compressive Strength Compliance Requirement
(Clauses 16.1 and 16.3)
Specified Grade Mean of the group of 4 Individual Test
Results in
Non-Overlapping N/ sqmm.
consecutive Test Results in
N/ sqmm.
(1) (2) (3)
M 15 > fck + 0.825 x established > fck -3
N/sqmm
standard deviation (rounded
off to nearest 0.5 N / sqmm)
or
fck + 3 N / sqmm. Whichever
is greater
383
M20 or above > fck + 0.825 x established > fck - 4
N/sqmm
standard deviation (rounded
off to nearest 0.5 N / sqmm)
or
fck + 4 N / sqmm. Whichever
is greater
________
NOTE :
1. In the absence of established value of standard deviation, the values
given in Table 8 may be assumed, and attempt should be made to
obtain results of 30 samples as early as possible to establish the value
of standard deviation.
2. fck stands for 15 in case of M15, 20 in case of M 20 etc.
384
e) There is a system to verify that the quality is satisfactory
in individual parts of the structure, especially the critical
ones.
17.2 Immediately after stripping the form work, all concrete shall be
carefully inspected and any defective work or small defects either
removed or made good before concrete has thoroughly hardened.
17.3 Testing
In case of doubt regarding the grade of concrete used, either due to
poor workmanship or based on results of cube strength tests,
compressive strength tests of concrete on the basis of 17.4 and/or
load test (see 17.6) may be carried out.
17.4 Core Test
17.4.1 The points from which cores are to be taken and the number
of cores required shall be at the discretion of the engineer in
charge and shall be representative of the whole of concrete
concerned. In no case, however, shall fewer than three cores
be tested.
17.4.2 Cores shall be prepared and tested as described in IS 516.
17.4.3 Concrete in the member represented by a core test shall be
considered acceptable if the average equivalent cube
strength of the cores is equal to atleast 85 per cent of the
cube strength of the grade of concrete specified for the
corresponding age and no individual core has a strength less
than 75 per cent.
17.5 In case the core test results do not satisfy the requirements of 17.4.3
or where such tests have not been done, load test (17.6) may be
resorted to.
17.6 Load Tests for Flexural Member
17.6.1 Load test should be carried out as soon as possible after
expiry of 28 days from the time of placing of concrete.
17.6.2 The structure should be subjected to a load equal to full dead
load of the structure plus 1.25 times the imposed load for a
period of 24 h and then the imposed load shall be removed.
385
NOTE - Dead load includes self weight of the structural members plus
weight of finishes and walls or partitions, if any, as considered
in the design.
17.6.3 The deflection due to imposed load only shall be recorded. If
within 24 h of removal of the imposed load, the structure does
not recover at least 75 per cent of the deflection under
superimposed load, the test may be repeated after a lapse of
72 h. If the recovery is less than 80 per cent, the structure
shall be deemed to be unacceptable.
17.6.3.1 If the maximum deflection in mm, shown during 24 h under
load is less than 40 l2/D where l is the effective span in m;
and D, the overall depth of the section in mm, it is not
necessary for the recovery to be measured and the recovery
provisions of 17.6.3 shall not apply.
17.7 Members Other Than Flexural Members
Members other than flexural members should be preferably
investigated by analysis.
17.8 Non-destructive Tests
Non-destructive tests are used to obtain estimation of the properties
of concrete in the structure. The methods adopted include ultrasonic
pulse velocity (see IS 13311 (Part I)) and rebound hammer (IS 13311
(Part 2)), probe penetration, pullout and maturity. Non-destructive
tests provide alternatives to core tests for estimating the strength of
concrete in a structure or can supplement the date obtained from a
limited number of cores. These methods are based on measuring a
concrete property that the bears some relationship to strength. The
accuracy of these methods, in part, is determined by the degree of
correlation between strength and the physical quality measured by the
non-destructive tests.
Any of these methods may be adopted, in which case the acceptance
criteria shall be agreed upon prior to testing.
386
ANNEXURE 16.11
(Refer Para 16.4)
5.4.10.2 Out of six sample cubes, three cubes shall be tested at 7 days and
remaining three cubes at 28 days.
387
of any individual cube shall neither be less than 70% nor
higher than 130% only for computation of strength.
388
(b) At least 18 standard cubes necessary for formation of one
specimen of specified mix, shall be cast by site staff well in
advance. From these 18 cubes any 3 cubes may be
selected at random to be tested for crushing strength of 7
days. The crushing strength obtained should satisfy the
specified strength for the mix as per specification or
agreement. If the strength is satisfactory then the
remaining cube will form the standard samples for
calibration of rebound hammer. In case of failure, the site
staff should totally reject the samples and remove them
also and then make another set of samples by fresh
mixing or alternatively, out of the remaining 15 cubes, 3
cubes will be tested on 28 days. If the 28 days’ tests are
found satisfactory then remaining 12 cubes will form the
standard sample for calibration at 28 days’ strength
otherwise all samples shall be rejected and whole
procedure repeated to form a fresh specimen. All the
results shall be recorded in a register.
(d) No work (for the concrete cast between 8th and 28th day)
shall be allowed to be paid unless 28 days’ cube strength
is obtained. For the concrete cast between 8th and 28th
day, the decision to make the payment may be taken by
the Engineer-in-Charge on the basis of existing criteria.
Concrete work will be rejected if 28 days’ strength falls
short as per acceptance criteria. No further work will be
allowed till the acceptable standard cubes are obtained.
389
authority according to technical sanction, fresh specimen
shall be prepared.
390
para B (a) above, that cube will be excluded and will not
be considered for standard specimen cubes for calibration.
It must be ensured that at least 8 cubes out of 12 that is
66.67% are within the permissible range of variation of
rebound number i.e. + 25% or otherwise whole procedure
shall have to be repeated and fresh specimen prepared.
391
used as per manufacturer’s guidelines at various
locations chosen at random. The number of
location/reading on each wall, beam or column etc.,
shall not be less than 12. All the readings should be
within the + 25% range of values prescribed in
calibration chart normally. However, reading indicating
good strength will be when it is at per with calibrated
value or between 100% & 125% and very good if more
than 125% any value between 100% & 75% of
calibrated value shall be considered satisfactory.
Values from 75% to 50% shall be considered for
payment at rates reduced on prorate basis. The
concrete indicating rebound number less than 50% of
calibrated value shall be rejected and not paid for.
(G) Precautions
392
conditions, moisture content, age of concrete & extent
of calibration of concrete etc., hence care shall be
taken to compare the cement, aggregate etc., and
tested under the similar surface conditions having more
or less same moisture content and aged. However
effect of age can be ignored for concrete between 3
days & 3 months old
393
ANNEXURE 19.1
(Refer Para 19.2.1)
Contractor’s Notice for Appointment of Arbitrator
To
Appointing Authority (SOP Item 9.2)
RITES.
Dear Sir,
In terms of clause 25 of the agreement, particulars of which are given below, I / We
hereby give notice to you to appoint an arbitrator for settlement of disputes
mentioned below:
1. Name of applicant
2. Whether applicant is Individual / Prop. Firm / Partnership Firm / Ltd. co.
3. Full address of the applicant
4. Name of the work and contract number in which arbitration sought
5. Name of the RITES Office which entered into contract
6. Contracted amount in the work
7. Date of contract
8. Date of start of work
9. Stipulated date of completion of work
10. Actual date of completion of work (if completed)
11. Total number of claims made
12. Total amount claimed
13. Date of intimation of final bill (if work is completed)
14. Date of payment of final bill (if work is completed)
15. Amount of final bill (if work is completed)
16. Date of request made to Engineer in charge for decision
17. Date of receipt of Engineer in charge’s decision
18. Date of appeal to Appellate Authority
19. Date of receipt of Appellate Authority’s decision
Specimen signature of the applicant
(only the person / authority who
signed the contract should sign)
I/ We certify that the information given above is true to the best of my / our
knowledge. I / We enclose following documents.
1. Statement of claims with amount claimed against each
claim.
2.
3.
4.
Yours faithfully,
(Signature)
Copy in duplicate to : 1. —— Engineer-in-Charge, RITES
394
ANNEXURE 19.2
(Refer Para 19.5.1)
LETTER OF APPOINTMENT OF ARBITRATOR
Dated the ______ 20___
Subject: In the matter of arbitration between ______ and RITES LIMITED,
regarding the
work ____ Agreement No. ___________ Date _______
Whereas _____ has / have written to me vide his / their letter no. ____ dated
_____ that certain disputes have arisen between the above noted parties in
respect of the above noted work. I ......................... ED/Dir, RITES by powers
conferred on me under Clause 25 of the said Agreement hereby appoint Shri
_____ as Sole Arbitrator to decide and make his award regarding the claims /
disputes by the Contractor as well as counter claims of RITES, if any, arising
out of the same contract subject to the admissibility of the claims and counter
claims under clause 25 of the aforesaid agreement.
The arbitrator shall give his award in respect of each claim and also give
reasons for the award in respect of each claim / dispute.
ED/ DIRECTOR
(As per SOP Item 9.2)
To
1. Shri
Arbitrator
2. M/s.________ (Contractor), with reference to his / their letter No. _____
dated ____
(NOT IN ORIGINAL)
Copy to:
1. Shri ____________, (Engineer in Charge) with reference to letter no.
_____ dated _____ Arrangements may please be made to defend the case
effectively. Legal assistance of the Counsel may be obtained where
necessary.
Engineer-in-charge should ensure that the bills of the contractors are finalized
immediately, if not already done.
ED/DIRECTOR
Copy to: ______ (Employer) for information.
395
ANNEXURE 19.3
(Refer Para 19.5.6)
396
ANNEXURE 19.4
(Refer Para 19.11.5)
To
___________
___________ (CONTRACTOR)
Sub: Award dated ____ made by Shri ____ Arbitrator in regard to the
disputes arising out of agreement No. _____ and referred to
arbitration in arbitration case No._____
Dear Sirs,
With reference to the award mentioned above, I am to say that RITES has
decided to accept the said award provided you accept the same as final and
binding. Please intimate latest by---------that you agree to accept payment of
the sum awarded in full and final settlement of all your claims forming the
subject matter of the reference to arbitration in the above case. Your
acceptance of the offer may be communicated on a Stamp Paper of Value ---
-------.
Yours faithfully,
Engineer-in-Charge
For & on behalf of RITES
N.O.O
Copy to ________ (Employer) for information.
397
ANNEXURE 19.5
(Refer Para 19.19)
NORMS FOR DISPOSAL OF OLD RECORDS
NOTE
1. Where the proposed “Period of preservation of Records” is indicated
as 10 years or less and relates to any Project awarded to RITES, the
records will have to be retained for a further period. If there is any
Arbitration or Court Case pending, till the proceedings are completed
in all respects.
2. Where the proposed “Period of preservation of Record” is indicated as
“Permanent”, the hard copies of CDs or both, as the case may be,
should be numbered serially for each category of records and for each
Financial year and duly indexed with brief details of contents so that
they can be retrieved easily when required in future.
3. Where “Permanent Records” by way of two hard copies to be retained
are indicated, one copy is to be retained in SBU Office and one copy
is to be sent to Central Library in RITES Head Quarters, Gurgaon.
4. In case of contracts between RITES and a Central/State Government
Department wherever the period of preservation of record has been
shown as less than 10 years the records should be maintained for a
period of 10 years after Financial closure of the Project or till the
proceedings on any Arbitration or Court case are completed in all
respects, whichever is later.
398
4. Business Development File Till - -
on Projects for which no offer beginning
made by RITES of next
Financial
Year
(B) DOCUMENTS TO BE MAINTAINED IN SBU OFFICE BY TECHNICAL
WING FOR EACH PROJECT FOR WHICH OFFER IS MADE
1. Business Development File
(a) If RITES offer not Till - -
accepted beginning
of next
Financial
Year
(b) If RITES offer is Three 1
accepted and has resulted in years after
execution of Agreement with Financial - 4
Client. closure of
the Project
2. Input Estimate relating to Three - 1
Agreement between RITES years after
and the Financial 4
Client/Correspondence & closure of
copy of the Estimate the Project
3. Consultancy Agreement Permanent Permanent 2
between RITES and the
Client – LOI as well as copy
of Agreement
4. Sub-Consultancy Agreement Permanent Permanent 2
between RITES and Sub
Consultant
5. Correspondence file on Three - 1
Estimates years after
4
Financial
closure of
the Project
6. Detailed Estimate for Works Three - 1
399
years after
Financial 4
closure of
the Project
7. Drawings – Correspondence Three - 1
File years after 4
Financial
closure of
the Project
8. Correspondence on Sub- Three - 1
consultancy Agreement years after
between RITES and the Financial 4
Subconsultant. closure of
the Project
9. Works Contract Agreement Three - 1
between RITES and the years after
Contractor Financial 2
closure of 4
the Project
10. Correspondence on Works Three - 1
Contract Agreement between years after
RITES and the Contractor / Financial 4
Site Office closure of
the Project
11. Consultancy Agreement – Three - 1
Correspondence with the years after
Client on Technical matters Financial 4
closure of
the Project
12. Correspondence with RITES Three - 1
Head Quarters on all matters years after
relating to the Project Financial 4
closure of
the Project
(C ) DOCUMENTS TO BE MAINTAINED IN SBU OFFICE BY ACCOUNTS
WING FOR EACH PROJECT FOR WHICH CONSULTANCY
AGREEMENT HAS BEEN SIGNED WITH THE CLIENT
400
1. Correspondence with the Three - 1
Client on Financial Matters years after
Financial 4
closure of
the Project
2. Correspondence with the Three - 1
Contractor on Financial years after
Matters Financial 4
closure of
the Project
3. Correspondence with the Three - 1
Subconsultant on Financial years after
4
Matters Financial
closure of
the Project
(D) DOCUMENTS TO BE MAINTAINED BY THE SITE OFFICE FOR THE
WORKS FOR WHICH WORKS CONTRACT HAS BEEN EXECUTED
1. Correspondence with SBU Three - 1
Office on all matters. years after
Financial 4
closure of
the Project
2. Correspondence with the Three - 1
Contractor on all matters years after
Financial 4
closure of
the Project
3. Correspondence with the Three - 1
Client on all matters years after
Financial 4
closure of
the Project
(E) MISCELLANEOUS RECORDS / DOCUMENTS
1. Reports / Drawings relating to
each Project
(i) Site Survey Reports-Field Three -- 1
401
Survey / Soil Investigation years after
Survey / Hydrographic Survey Financial 2
etc., closure of 4
the Project
(ii) Feasibility Study Report Permanent Permanent 2, 3
(two
copies)
(iii) Inception Report Permanent Permanent 2, 3
(two
copies)
(iv) Final Report / DPR Permanent Permanent 2, 3
(two
copies)
(v) As Built Completion Permanent Permanent 2
Drawings
2. Site Records – Progress Three - 1
Reports / Labour and years after
Machinery Reports / Level Financial 4
Books / Site Registers as per closure of
SITES Guidelines etc., the Project
3. Measurement Books and Ten years - 1
Detailed Design Calculation after
for Structures Financial
closure of
the Project
4. Statutory approvals from Three - 1
Local Bodies / Government years after
4
Departments etc. Financial
closure of
the Project
5. Land Possession / Taking Three - 1
over Certificate years after
Financial 4
closure of
the Project
6 Operation and Maintenance Permanent Permanent 2
Manuals
402
7. Arbitration / Court Till final - -
proceedings files settlement
of the
Arbitration/
Court
Proceeding
s
8. Bid Documents of Three - 1
unsuccessful tenderers years after
Financial 4
closure of
the Project
9. Photographs of site Permanent Permanent 2
construction activities
10. Certificates from the Client Permanent Permanent 2
403
ANNEXURE 20.1
(Refer Para 20.2)
Name of work:
Date of Commencement:
Scheduled Date of Completion:
404
ANNEXURE 20.2
(Refer Para 20.3)
405
ANNEXURE 20.2 Contd.
drawings
b) Cover to reinforcement
406
b) Finishing of edges and surface,
proper joinery work, process of
warping
b) Proper welding/grinding
c) Soundness of floor
c) Soundness of floor.
407
11. Finishing Plasters and wall a) Soundness of the finishing layers,
tilling etc., flashing
b) Surface evenness, outward slopes of
chajjas and inward slopes of top of
parapet, rounded junction with walls
c) Lines, levels in general.
12. Pipes work for Damage and a) Jointing, verticality, concentricity and
Sewerage water tightness
b) Gradient and slopes
c) Water seal and Gap between top of
trap and top of floor (Jali)
408
FORMAT FOR HINDRANCE REGISTER
SL. No. Nature of Item of Date of start Date of Period of Overlapping Net Weightage Net Signature Signature of Sign. of Remarks of
Hindrance works which of Hindrance removal of Hindrance period if any Hindrance of this effective of Site Contractor or Inspecting Engineer-in-
could not be Hindrance in days Hindrance days of Engineer his Officer Charge
executed on Hindrance represenative (Controlling
account of Officer)
this
Hindrance
409
1 2 3 4 5 6 7 8 9 10 11 12 13 14
(Refer Para 20.4)
ANNEXURE 20.3
ANNEXURE 20.4
(Refer Para 20.5)
FORMAT FOR DAILY PROGRESS RECORD
1. Date
2. Whether Conditions
a) Temperature Maximum ________ Minimum_______
b) Rainfall
c) General Weather (Tick relevant item)
(i) Sunny
(ii) Cloudy
(iii) Windy
3. Details of Plant & Equipment of Contractor available at site
4. Details of Supervisors / Labour of Contractor available at site
5. Details of Work done
410
FORMAT FOR CEMENT REGISTER
Type of Cement _______
PART “A”
411
Challan Reference of Bags) (No. of (No.of during the
No. received Bags) Bags) day
upto date Consumed
upto date
(Refer Para 20.6)
ANNEXURE 20.5
PART “B”
412
For Contractor For RITES LTD
Signature: : Signature
Date: Date:
Name: Name:
FORMAT FOR STEEL REINFORCEMENT REGISTER
PART “A”
413
Source / Test MT Cumulative Issued Returned Net Cumulative during the Contractor RITES
Challan No. Certificates received Quantity (MT) (MT) Consump- Quantity day
Reference (MT) tion (MT) (MT)
received Consumed
upto date upto date
(Refer Para 20.7)
ANNEXURE 20.6
PART “B”
Theoretical and Actual Consumption Statement
NOTE: Calculations on "Theoretical Quantity required" have to be kept in record
414
From To
Signature: : Signature
Date: Date:
Name: Name:
ANNEXURE 20.7
(Refer Para 20.8)
Signature: Signature:
Date: Date:
Name of Contractor Name:
415
ANNEXURE 20.8
(Refer Para 20.9)
416
2nd Reply to Audit Report
Reference of Reply
Rejoinder to reply
No. of paras dropped
Paras Outstanding
417
ANNEXURE 20.9
(Refer Para 20.10)
418
ANNEXURE 20.10
(Refer Para 20.11)
2 First Extension
3 Second Extension
etc.
419
ANNEXURE 20.11
(Refer Para 20.12)
2 First Extension
3 Second Extension
etc.
420
FORMAT FOR DRAWINGS RECORD
Sl.No. Details of Drawing Status of Drawing Receipt of Drawings Issue of Drawings Signature of Signature of
(Advance/Good Contractor's RITES LTD.
for Construction) representative Site Engineer
Drawing No. Title of Date of No. of Copies Issue Date No. of Copies
and its Drawing Receipt received issued to the
421
Revision Contractor
ANNEXURE 20.12
SPECIMEN FORMAT
DETAILS OF MANDATORY TESTS AND NON MANDATORY TESTS CARRIED OUT - SPECIMEN FORMAT FOR CEMENT
Sl. No. ITEM FREQUEN BILL NO. QUANTITY QUANTITY No. OF TESTS TESTS CARRIED OUT REMARKS
TESTED CY LAID USED IN USED IN TO BE DONE
DOWN WORKS WORKS AS PER
DONE UPTO DATE FREQUENCY
DURING FOR UPTO
BILL DATE QTY.
422
TESTED
(i) Fineness Every 50 RAB - 1
MT or Part RAB - 2
thereof RAB - 3
FINAL
(ii) Soundness --do -- RAB - 1
RAB - 2
RAB - 3
FINAL
(iii) Setting Time --do -- RAB - 1
(Initial & RAB - 2
Final) RAB - 3
FINAL
(iv) Compressive --do -- RAB - 1
Strength RAB - 2
RAB - 3
FINAL
(v) Consistency --do -- RAB - 1
of Standard RAB - 2
Cement RAB - 3
ANNEXURE 20.13
(Refer Para 20.14)
Paste FINAL
PROFORMA FOR PAINTS / CHEMICAL REGISTER
NAME OF PAINT / CHEMICAL
Particulars of Receipt & Issue
Date of Source of Batch No. Date of Date of Qty. Progressive Date of Qty. issue Items of Qty. Returned
Receipt Receipt with Manufacture expiry received Total of issue for work work for at the end of
details if any Quantity which day's work
received issued
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
423
Net Qty. Issued Progressive Total of Upto date Quantity in Contrator's Initial Engineer's Periodical Check
Quantity issued for stock Initial
works By ___ By ___
(12) (13) (14) (15) (16) (17) (18)
ANNEXURE 20.14
(Refer Para 20.15)
ANNEXURE 21.1
(Refer Para 21.1.2)
Serial No. Date Name & Date Name & Date Date Remarks
of the of Designation of Designation of of Return
Measurement Receipt of the person issue of the person Transfer of
Book to whom to whom Completed
issued transferred Book
424
ANNEXURE 21.2
(Refer Para 21.2, 21.2A,
21.3, 21.3.3A & 21.3.7A)
425
5. Test checking of measurements is to be carried out by an official
senior to the Site Engineer who has recorded the initial
measurements, either in the same Grade or in a higher grade. If the
Field Unit consists of only one Site Engineer, the “Project Coordinator”
in the SBU office will either himself do the test checking or nominate
in writing by name an official deputed to do the Test Checking. If the
Field Unit consists of more than one Site Engineer, the Controlling
Site Engineer will himself carryout the Test Checks. Alternatively he
can nominate in writing by name another Site Engineer to do the Test
Checking, subject to the Condition that the nominated Site Engineer is
senior in same grade or in a higher grade with respect to the Site
Engineer who has recorded the initial measurements.
6. The extent of Test Checking to be carried out will be as under:
a) Hidden Measurements
Atleast 20% of each item of works.
b) Earthwork
Initial Ground Level, Final Formation Level, Quantity and Lead
diagram for all types of Earthwork in Embankment and cutting.
Atleast 20% of items of work.
c) Soil / Rock Classification for Earthworks
Atleast 20% of items of work.
d) Ballast Supply
Atleast 50% of items of work.
e) Other Items
Atleast 10% of the Monetary Value of measurements of work
done.
f) Electrical / Mechanical Works -
Atleast 20% of items of work.
g) General
In all cases where a Contract Engineer or a Contract Technical
Assistant has been authorised to take initial measurements, the
extent of Test Checking will have to be enhanced by 50% for all
items mentioned at (a) to (f) above. For example the extent of
Test Checking will be 30% instead of 20% in case of item 6 (b)
i.e. Earthwork”.
426
ANNEXURE 21.3
(Refer Para 21.4)
427
15. Details of disciplinary action taken against the person (s) responsible
for the loss.
16. Details of remedial measures taken to avoid recurrence of such cases
17. Any other remarks
--------
Engineer-in-Charge
(If Subordinate to SBU Head)
Remarks if any, of SBU Head
--------
SBU Head
428
ANNEXURE 21.4
(Refer Para 21.5)
429
CERTIFIED that the Measurement Book contains 100 leaves.
Signature of Officer receiving the Measurement Book
430
CERTIFICATE BY ACCOUNTS OFFICER OF SBU OFFICE
Certified also that necessary entries have been carried out in Page (i) of MB.
________________OFFICE
431
MEASUREMENT BOOK
432
MEASUREMENT BOOK
DETAILS OF MEASUREMENTS RECORDED BY HOLDERS
____ ____
NAME OF SBU OFFICE NAME OF FIELD
OFFICE
M.B. No.______
433
REVIEW NOTES
By Superior Inspecting Officers of RITES
434
REVIEW NOTES
435
INDEX
(To be filled in as each set of measurements is recorded. If an entry for a
work or a contractor already exists, value of work done and pages for new
measurements only should be added thereto)
From To
436
Entries to be recorded in manuscript at the beginning of each set of
Measurements relating to each work
a) Name of work –
b) Situation / Location –
c) Agency by which work is executed –
d) Number and date of agreement or work order –
e) Date of measurement –
f) Reference to previous measurement –
g) Date of commencement of work –
h) Date of completion of work –
437
ANNEXURE – 21.5
(Refer Para 21.5)
(ii) If, for the same item, payment has been made/proposed at
different rates for various quantities such as Part rate/BOQ rate/0.98 BOQ
rate/0.96 BOQ rate/Special rate based on Market rate, the quantities involved
may be shown in Cols 4a & 5a with the corresponding rates in Col. 4b & 5b.
(i) For last Abstract of Measurements refer MB No. -------------- Page No. -
-----------
BOQ Brief Unit UPTO PREVIOUS BILL CURRENT BILL UPTO DATE
/ NS Description Total
Item of Item Quantity Rate Gross Quantity Rate Gross Quantity Rate Gross
No. Paid amount Paid amount Paid Amt.
(Rs. ) paid (Rs.) Paid Rs. Paid
(Rs.) (Rs.)
1 2 3 4a 4b 4c 5a 5b 5c 6a 6b 6c
438
RECORD OF MEASUREMENTS
No. L B D
1 2a 2b 2c 2d 3
439
ANNEXURE 21.6
(Refer Para 21.2.5 & 21.2.4A)
Name of work:
RA bill No/Final Bill:
Agreement No and Date:
Name of Contractor:
Name & Designation of Test Checking Officer:
Note : Please see next page for Column No. 11 to 19 of this Table.
440
Total Total Total Amt of Amt of Total Total% Ref. Type of Item
Qty Qty Test % of Test test Amt of Test Check page & (Hidden/Earth
execute Checked Test Check check up test till this bill MB No work/Soil/
Check in this to check on of Test Rock/Ballast
till this till this
(Col. bill previous till this monetary Check Supply/other
bill bill 13) (Col. bill bill terms Wrt Col items/
(Col.11) (Col.12) 14) (Col.15) (Col.16) (Col.17) 14 Electrical/
(Col.18) Mechanical
works)
(Col.19)
Name:
Designation
Date:
441
ANNEXURE 22.1
442
ANNEXURE 24.1
(Refer Para 24.2.1)
RITES FORM
FORMAT FOR RUNNING ACCOUNT BILL AND FINAL BILL
(Final Bill to be made in the same format but printed on Yellow Paper to
distinguish it from RA Bills)
Note for Contractors
(i) Form 1 A provides for BOQ and NS items for which payment is
claimed on basis of Detailed Measurements recorded in Measurement
Book.
(ii) Form 1 B provides for BOQ and NS items for which payment is
claimed on basis of Approximate Quantities recorded in MB without
Detailed Measurements
1. Name of SBU
2. Name of Project Office
3. Voucher No. & Date
4. Name of Contractor
5. Name of work
6. Serial No. of the Bill
7. No. and date of previous bill for this work
8. Agreement No. & Date
9. Date of written order to commence work
10 Scheduled Date for Completion including Extension (if any)
granted.
11. Date of Actual Completion of Work
443
FORM II CERTIFICATES AND SIGNATURE
2. The Lump Sum Quantities on which are based the entries in Cols. 1 to
6 of Form 1B were assessed by _______________________ on
____________________ and are recorded of Pages
________________ of the MB No. ____________________.
Certified that Quantities and not less than the Lump Sum Quantities
recorded in the MB for various items, have been actually executed at
site and the quantities recorded in MB have been assessed on
approximate basis and roughly computed.
444
FORM III – DETAILS OF GROSS PAYMENTS (Rs.)
445
FORM IV – DETAILS OF RECOVERIES (Rs.)
446
No.
** Details
enclosed at
Annexure
VI
6 Tax Deduction * ** (As * Details at
at source proposed) Annexure
towards VII of RAB
Income Tax No.
&Labour ** Details
Welfare Cess enclosed at
etc., Annexure
VII
7 Compensation * ** (As * Details at
and Dues (if proposed) Annexure
any) VIII of RAB
recoverable No.
from the **Details
Contractor enclosed at
Annexure
TOTAL VIII
447
Annexure 1A
fragile and Combustible Materials (Refer Clause 10B (i) of Contract _________________
3. Certificate in the format at Para 23.2.2 enclosed if any Advance is proposed to be paid through current RA Bill
Sl. No. Description of Unit 90% of QUANTITY BROUGHT TO SITE AMOUNT OF ADVNCE PAYABLE
Material Assessed
UNIT RATE
(Rs. )
Upto end Since Last Total upto Upto end of Since Last Total upto
of Last Bill Bill date Last Bill (Rs.) Bill date
(Rs.) (Rs.)
(1) (2) (3) (4a) (4b) (5a) (5b) (6a) (6b) (6c)
Total
448
Annexure 1B
NOTE: 1. Certificate in the format at Para 23.2.2 to be enclosed if any Recovery is proposed through current RA Bill.
Sl. No. Description of Unit 90% of QUANTITY USED IN WORK AMOUNT OF RECOVERY
Material Assessed
UNIT RATE
(Rs. )
Upto end Since Last Total upto Upto Since Last Total upto
of Last Bill Bill date e+H17nd of Bill date
Last Bill (Rs. (Rs.) (Rs. )
)
(1) (2) (3) (4a) (4b) (5a) (5b) (6a) (6b) (6c)
Total
449
MOBILISATION ADVANCE - RA BILL NO. _________________________
AMOUND OF DATE OF DATE OF TIME INTEREST @ TOTAL RECOVERY BALANCE ADDL. TOTAL REMARKS
ADVANCE YET LAST BILL CURRENT INTERVAL 10% P.A ON OUTSTANDI PROPOSED ADVANCE ADVANCE OUTSTANDING
TO BE BILL BETWEEN AMOUNT IN NG (COL. 1 - THROUGH OUTSTANDING PROPOSED TO BE
RECOVERED THE TWO COL.1 FOR COL.5) (Rs.) CURRENT (COL.6 - COL.7) THROUGH CARRIED
450
AND CARRIED BILLS PERIOD IN BILL (Rs. ) (Rs.) CURRENT FORWARD TO
FORWARD COL. 4 (Rs. ) BILL (Rs. ) NEXT BILL
FROM LAST BILL (COL. 8A -
(Rs. ) COL.9) (Rs. )
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Annexure II
PLANT AND MACHINERY ADVANCE - RA BILL NO.
AMOUND OF DATE OF DATE OF TIME INTEREST @ TOTAL RECOVERY BALANCE ADDL. TOTAL REMARKS
ADVANCE YET LAST BILL CURRENT INTERVAL 10% P.A ON OUTSTANDI PROPOSED ADVANCE ADVANCE OUTSTANDING
TO BE BILL BETWEEN AMOUNT IN NG (COL. 1+ THROUGH OUTSTANDING PROPOSED TO BE
451
RECOVERED THE TWO COL.1 FOR COL.5) CURRENT (COL.6 - COL.7) THROUGH CARRIED
AND CARRIED BILLS PERIOD IN (Rs. ) BILL (Rs. ) (Rs. ) CURRENT FORWARD TO
FORWARD COL. 4 (Rs. ) BILL (Rs. ) NEXT BILL
FROM LAST BILL (COL. 8 A -
(Rs. ) COL.9) (Rs. )
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Annexure III
DETAILS OF PLANT AND MACHINERY
Sl. No. DETAILS OF ITEM DISTINGLUIS NEW OR ASSESSED VALUE % OF AMOUNT OF REMARKS
HING OLD NEW/DEPRECIATED ASSESSED ADVANCE
NUMBER IF AS APPLICABLE VALUE FOR PROPOSED
EXISTING (Rs.) GRANT OF (COL. 5 x
452
ADVANCE COL.6)
(Rs.)
(1) (2) (3) (4) (5) (6) (7) (8)
Total
Annexure IV
(II) PAB will be made based on Provisional indices if Final indices are not available
for any of the months of any quarter. In subsequent PAB, necessary monetary
adjustment shall be carried out .
Amount payable for Quarter/ Adjustment proposed due to Final Net amount payable Amount paid through Price
period under consideration Indices being different to through current PAB Adjustment Bill
(Detailed Calculations enclosed) Provisional Indices in earlier PAB (Rs. ) (Col. 1 + or -
(Rs. ) (Detailed calculations enclosed) Col. 2b)
PAB No. Amount to be Upto Previous Total upto
adjusted (Rs. ) PAB date (Col. 3 +
( Rs ) Col. 4a)
(Rs. )
(1) (2a) (2b) (3) (4a) (4b)
453
RECOVERY TOWARDS COST OF MATERIALS STIPULATD FOR SUPPLY BY THE
Sl. No. Description of Unit Rate for QUANTITY SUPPLIED TO AMOUNT TO BE RECOVERED
Material Recovery per CONTRACTOR
Unit (Rs. )
Upto end of Since Last Total upto Upto end Since Last Total upto
Last Bill Bill date of Last Bill Bill (Rs. ) date (Rs.)
(Rs. )
454
(1) (2) (3) (4a) (4b) (5a) (5b) (6a) (6b) (6c)
TOTAL
Annexure V
RECOVERY OF SECURITY DEPOSIT
455
Last Bill (Rs. ) (Rs.) date (Rs. ) Last Bill Bill date
Total SD recovery to
be restricted to 5% of
Tender value. This will
include Earnest Money
taken as part of SD +
Recovery from Bills @
5% of Gross amount of
Bill
Annexure VI
RECOVERY TOWARDS INCOME TAX
456
Type of Tax/Cess covered GROSS AMOUNT OF BILL TAX / CESS TO BE REMARKS ON CALCULATIONS
BY TDS Upto Since Total Upto Since Total OF TDS
end of Last Bill upto end of Last Bill upto
Last Bill date Last Bill date
(3) Authority for recovery of Compensation / Dues from the Contractor _____________
457
Details of Compensation or GROSS AMOUNT OF BILL AMOUNT RECOVERED REMARKS ON CALCULATIONS
Dues Recoverable Upto Since Total Upto Since Total OF DUES RECOVERED
end of Last Bill upto end of Last Bill upto
Last Bill date Last Bill date
Disbursing Date:
Officer Signature:
Designation:
RECEIVED Rs.
458
PAID BY ME VIDE CHEQUE NO.____________________ DATED
________________
Official ) Date:
actually ) Signature:
making ) Designation:
the payment )
459
FORM VI REMARKS
Note: The Disbursing Officer and SBU Head can record Remarks if any on
Check of Measurements, State of Contractor’s Account etc.,
460
ANNEXURE 24.2
(Refer Para 24.5)
DEVIATION STATEMENT
NOTE:
RUNNING ACCOUNT BILLS
1. Col. 1 BOQ Item Nos. to be as in Contract Agreement. Substituted as
well as Extra items to be serially numbered in the order in
which they are proposed.
2. Col. 4 For BOQ Items BOQ Rate; For Substituted and Extra items,
Rates as recommended.
3. Col. 5 For definition of Foundation items, refer Clause 12.5 of
Clauses of Contract and Schedule F of Contract.
4. Col. 6d To be filled based on a reasonable assessment.
461
5. Col. 7a Amount to be worked out only for BOQ Items at BOQ rate
(Col. 6f x Col. 4).
6. Col. 7b For BOQ items, Amount may be worked out as under:
(i) Non Foundation items (No Deviation or Deviation to
any extent on lower side)
If Col. 6e shows quantities upto 125% of Col. 6f.
At BOQ Rate shown in Col. 4 x Quantity shown in Col. 6e
(ii) Non Foundation items (Deviation on higher side)
If Col. 6e shows more than 125% of BOQ Quantity shown
in Col 6f - At BOQ Rate in Col. 4 x 125% of BOQ
Quantity shown in Col. 6f + at 0.97 BOQ rate for Quantity
between 125% and 150% at recommended market rate
x Quantity of Col. 6e in excess of 150% of Quantity in
Col. 6f.
Note: If recommended rate has not been worked out,
till that time take at BOQ Rates for Deviated Quantity
in excess of 150% of BOQ Quantity.
(iii) Foundation Items
(a) (No Deviation or Deviation to any extent on lower
side):- At BOQ Rates shown in Col. 4 x quantity
shown in Col. 6e.
(b) (Deviation on higher side)
If Col. 6e shows more than 200% of BOQ Qnty shown in
Col. 6f - At BOQ rate in Col 4 × 200% of BOQ Qnty.
shown in Col. 6f + at 0.97 BOQ rate for Quantity between
200% and 240% at recommended Market Rate ×
Quantity of Col 6 e in excess of 240% of qnty. in Col. 6f.
Note: If recommended rate has not been worked out, till
that time take at BOQ Rate for the Deviated Quantity in
excess of 240% of BOQ Quantity.
(iv) Substituted and Extra items
For Substituted and Extra items, amount may be worked
out as under :
Recommended Rate in Col. 4x Entire Quantity in Col. 6e.
462
FINAL BILLS
1. Col. 1 BOQ Item No. to be as in Contract Agreement. Substituted
and Extra items to be serially numbered in the order they were
proposed.
2. Col. 4 For BOQ Items at BOQ Rates; For Substituted and Extra
items, Rates as approved by Competent Authority (Refer
relevant item of SOP)
3. Col. 6d This will be Nil.
4. Col. 6e Quantities will be as finally executed
5. Col. 7a Amount to be filled in for only BOQ items at BOQ Rate (Col. 6f
x Col. 4)
6. Col. 7b For BOQ Items, amount may be worked out as under:—
Non Foundation Items
Same as in items (i) and (ii) under “Running Account Bills”
except that “Recommended Market Rate” shall be replaced by
“Market Rate approved by Competent Authority under relevant
item of SOP” and “Anticipated Quantity at Completion Stage”
replaced by “Quantity as finally executed”.
Foundation Items
Same as in items (iii) (a) and (b)under “Running Account Bills”.
For Substituted and Extra items, Amount may be worked
out as
under:–
Market Rate approved by Competent Authority under relevant
item of SOP x Quantity actually executed in Col. 6e
463
EXPLANATORY STATEMENTS TO ACCOMPANY DEVIATION
STATEMENT
464
DEVIATION STATEMENT
NOTE (i) For Foundation BOQ items where quantity at completion stage is expected to exceed 240% of BOQ quantity or For Non Foundation BOQ items where Quantity at
completion stage is expected to exceed150% of BOQ quantity, Explanatory statements to be furnished in the Proforma enclosed.
If total amount as anticipated at completion (Col. 7b) is such that the approval of a higher competant authority and/or client is required to be taken as per SOP, immediate
(ii) action should be initiated for the same.
BOQ ITEM DESCRIPT UNIT UNIT RATE. FOUNDATION QUANTITIES AMOUNT (Rs.)
No./SUBSTITU ION OF BOQ (F) OR NON
465
TED ITEM ITEM IN RATE/MARKET FOUNDATION
NO../ EXTRA BRIEF RATE FOR (NF) - (FOR
ITEM No. SUBSTITUTED BOQ ITEMS
ITEM/FOR ONLY)
EXTRA ITEM
UPTO CURRE TOTAL ANTICIPATED FINAL AS PER FINAL AS PER AS EXCESS SAVINGS
LAST NT BILL UPTO FURTHER ANTICIPAT BOQ ANTICIPATED BOQ ANTICI (7b - 7a) (7a - 7b)
BILL DATE BEFORE ED UPTO QNTY. AS % FOR PATED
COMPLETION COMPLETI OF BOQ QNTY BOQ AT
ON (100 X 6e/6f)) ITEMS COMPL
ONLY ETION
1 2 3 4 5 6a 6b 6c 6d 6e 6f 6g 7a 7b 8a 8b
Total
ANNEXURE 24.3
(Refer Para 24.6)
1.0 GENERAL
1.1 The Contractor may submit Bank Guarantees for the following from
any Scheduled Bank except those Banks with whom business
dealings have been suspended/banned. Custody of Guarantee
Bonds will be the responsibility of Accounts Section of SBU Office.
i) Performance Guarantee (under Clause 1 of Contract)
ii) Guarantee towards Mobilization Advance (under Clause 10B
of Contract)
iii) Guarantee towards Free supply of Materials (under Clause 11
of Contract)
iv) Any other circumstance as provided for in the Contract.
1.2 Banks have already the practice of sending original of B.G to the
Beneficiary directly under Registered Post/Acknowledgement Due. In
all cases where the contractors are to furnish B.G in favour of RITES,
they should be advised to request the Bank to send the orginal B.G
directly to RITES under Registered Post/Acknowledgment Due.
466
3.0 CHECKS TO BE EXERCISED BY ACCOUNTS SECTION OF SBU
OFFICE ON RECEIPT OF BANK GUARANTEE FROM THE
CONTRACTOR
3.1 Is the Bank Guarantee on Non-judicial Stamp paper of appropriate
value purchased in the name of the Bank?
3.2 Is it in the approved format, for the amount required and valid for the
period specified in the Contract Agreement?
3.3 Is the Bank Guarantee a genuine one? On receipt of every Bank
Guarantee Bond, a reference should be made to the Regional Office
of the Bank to ascertain the bonafides of the Bond. A proper record
should be maintained of the confirmation from the Regional Office of
the Bank. It is to be noted that individual Bank Branches are usually
authorized to issue Guarantee Bonds upto a certain specified limit by
the Regional Offices of the Bank and also only certain officials of the
Branch are authorized to sign the Guarantee Bond on behalf of the
Bank. As an extra precautionary measure, a certified True copy of
Bank Guarantee should be sent to the Branch of Bank furnishing the
Bond and Regional Office of Bank for their record.
3.4 A Register should be maintained of the Bank Guarantee Bonds in
custody of each SBU Office. An index should be made out in the
Register indicating the following details.
i) Guarantee Bond No. and Date
ii) Name of the Bank Branch issuing the Bond
iii) Details of the Regional Office of Bank Controlling the Branch
iv) Purpose for which Guarantee Bond issued such as
Performance Guarantee, Mobilisation Advance Guarantee etc.
v) Name of Contractor
vi) Contract Agreement No. with the Contractor
vii) Name of work
viii) Amount of Bank Guarantee
ix) Validity of Bank Guarantee upto (Date)
x) Whether Genuineness of BG confirmed by the Regional
Office?
In the Register separate pages should be earmarked for each
month in which should be listed all BGs (No. and Date of
issue) whose validity expires during that month. A review of
the Register should be done regularly in the first working day
of the month to list out the BGs whose Validity will be expiring
467
in the fourth month counting from the month of review. Thus, if
the review is done on (say) first of January, all BGs whose
Validity will be expiring in April of that year should be listed. A
reference should be made to the Engineer in charge / Project
Coordinator concerned to get a confirmation on whether the
validity of BG is to be got extended and if so for what period. If
the reply is in the affirmative, prompt action should be taken to
advise the Contractor to arrange for extension of validity of
BG. If the Contractor does not extend the validity in spite of a
reminder, the BG should be encashed within the Validity
period under advice to the Contractor. Similarly, when the
Engineer in Charge recommends encashment of BG on
grounds of recovery of dues from the Contractor, BG should
be encashed within validity period under advice to the
Contractor.
3.5 When the purpose for which the Bank Guarantee has been furnished
by the Contractor has been fulfilled, the BG may be returned in
original to the Branch of the Bank which had issued it with an advice
to cancel the BG. A copy of the BG should however be retained in the
office of SBU for record along with a copy of advice sent to Bank for
cancellation of BG.
468
ANNEXURE 24.4
(Refer Para 24.7)
SPECIFIC DETAILS
469
3. MANDATORY TESTS ON MATERIALS (CLAUSE 10 A OF
CONTRACT)
470
7. HYPOTHECATION DEED ON PLANT & MACHINERY ADVANCE
(CLAUSE 10B OF CONTRACT)
i) Deed No. & Date:-
ii) Details of Plant & Machinery covered:-
iii) Amount of Advance sanctioned:-
471
13. AVAILABILITY OF TECHNICAL STAFF AT SITE
(CLAUSE No. 36 OF CONTRACT)
472
17. THIRD PARTY INSURANCE (CLAUSE 47.2 OF ADDITIONAL
CLAUSES OF CONTRACT)
i) Amount Covered by Insurance Policy:-
ii) Insurance Policy No. & Date:-
iii) Name of Insurance Co. & Branch issuing the Policy:-
iv) Policy Valid Upto (Date):-
473
23. DETAILS OF RECOVERY OF REMITTANCE OF EPF DUES OF
CONTRACTOR’S EMPLOYEES.
24. TEST CHECK STATEMENT AS PER ANNEXURE 21.6
OFFICIAL
SUBMITTING THE BILL
Signature
Name
Designation
Date
474
ANNEXURE 24.5
(Refer Para 24.7)
475
have been approved by the Competent Authority of RITES along with
Rates.
5. The Final Contract Value is within the Expenditure sanction limit of the
Client and within the Contract Value sanctioned by the Competent
Authority of RITES.
6. The work has been completed within the Stipulated Completion Date /
Extended Completion Date as approved by the Competent Authority
of RITES.
7. The MBs and Bill have been signed by the Authorized Signatory of the
Contractor.
8. The Contractor has submitted an unconditional No Claim Certificate.
Or
The Contractor has submitted list of Claims enclosed as Annexure A
along with the comments of the Site Engineer on each claim.
9. Test Check has been carried out as per Annexure 21.2 and Test Check
Statement as per Annexure 21.6 has been prepared.
Encl.: Annexure A
OFFICIAL SUBMITTING
THE BILL
Signature
Name
Designation
Date
476
B) DOCUMENTS TO BE ENCLOSED
1. DETAILS OF PERFORMANCE GUARANTEE (CLAUSE 1 OF
CONTRACT)
i) Guarantee Bond issued by Branch Name & Branch:-
ii) Guarantee Bond No. & Date:-
iii) Amount covered by Bond:-
iv) Bond Valid Upto (Date):-
Signature
Name
Designation
Date
477
ANNEXURE 24.6
(Refer Para 24.8)
Name of Contractor:-
Name of Work:-
Date of Measurement:-
478
4. Whether the following insurance Policies are Valid for
the desired amount and period?
479
(iii) Registration with SGST Department (Clause 37 of YES / NO
Contract)
8. Whether the Contractor has arranged for the following?
480
(iv) Whether the Engineer entering the Measurements YES / NO
in MB has certified that the works have been
carried out as per approved drawings and
specifications.
CHECKING OFFICIAL
Signature:
Name :
Designation:
Date:
481
ANNEXURE 24.7
(Refer Para 24.8)
482
7. (i) Whether Quantities of items executed as shown YES / NO
in Bill are as shown in the MB, the rates for the
items are as given in the Contract / approved by
Competent Authority of RITES in case of
Deviations and the arithmetical calculations are
correct?
483
12. Whether the Completion plans and Operation and YES / NO
Maintenance Manuals furnished by the Contractor
are in order.
484
ACTION PROPOSED WHEN CHECK REVEALS
CHECKING OFFICIAL
Signature:
Name :
Designation:
Date:
485
ANNEXURE 26.1
(Refer Para 26.3.1)
486
(13) Standard Schedule of Rates.
(14) Drawings (Architectural and Structural).
(15) All connected Measurement Books, level books, field books and lead
chart.
(16) All Running Account Bills with all connected statements/vouchers etc.
(17) Statement showing details of check of measurements by Superior
Officers-Copies of orders laying down such requirements.
(18) Materials at site accounts/dismantled materials record.
(19) Site order Books/other records/Log Books.
(20) Details of Extra/substituted items and of deviated quantities being
executed/considered for execution in the work along with Analysis of
Rates.
(21) Hindrance Register.
(22) Office correspondence files and inspection notes, if any, issued by
Inspecting Officers.
(23) Complaint records, if any.
(24) Any other documents relevant to the works.
487
ANNEXURE – 26.2
(Refer Para 26.4.1)
488
ANNEXURE 26.3
(Refer Para 26.5)
COMMON IRREGULARITIES POINTED OUT BY CTE
1.0. Administrative Approval and Expenditure Sanction
(i) A/A and E/S not available/taken
(ii) Major change in scope made during execution
(iii) No check on the estimate prepared by the consultant
2.0. Detailed estimate and technical sanction
(i) Detailed estimate not prepared
(ii) Backup calculations not kept properly
(iii) Nomenclature of item ambiguous.
(iv) No Standard Schedule of rates followed.
(v) No analysis for non-schedule items
(vi) No details and reference to drawings for check of quantities
adopted
(vii) Same component in more than one item
(viii) Rate only items without indicating Quantity (Nil Quantity items)
(ix) No check on consultant in providing costly items
(x) Technical sanction based on the earlier accepted rates and
not the Current rates
(xi) No check on estimates & design prepared by consultants
3.0 Appointment of Consultants
(i) No maximum limit fixed for payment of consultants fee
(ii) Paid for services not rendered.
(iii) No Publicity for appointment of Consultant.
(iv) Selection from old Panel
(v) Adhoc Rates.
(vi) Consultants given free hand in pre-qualification of contractors.
(vii) Consultants allowed receiving sale proceeds of tenders.
(viii) No control of payments on travelling expenses of consultants
for site visits.
489
(ix) No check on consultants’ planning, design and execution.
Contractors benefited in the process.
490
(ii) Contractor qualified without the Contractor satisfying all the
prescribed parameters
(iii) Certificates on Satisfactory completion of work executed for
private parties accepted without TDS certificate while
evaluating PQ Documents.
(iv) Accepting additional conditions during negotiations to give
undue benefit to contractor.
(v) Non-finalisation of tenders within validity period
(vi) Purchase preference not given to PSUs, when Government
Orders permit the same.
(vii) L1 ignored pointing out non-satisfactory performance or other
flimsy grounds.
(viii) Tender Conditions not taken into account to bring all the
tenders on par before acceptance.
(ix) Tender split up and awarded to all or some tenderers, by
dividing the work
(x) Single tender accepted without recorded reasons
(xi) Market rate justification not prepared to assess the
reasonability of quoted rates before acceptance
(xii) Tenders during second call accepted on higher rates
(xiii) Items deleted after opening price bid to make the favoured
contractor as the lowest tenderer (L1)
(xiv) Work awarded without proper verification of papers furnished
by the tenderer.
(xv) Tender documents and related documents kept in loose files
and not arranged properly; page numbers also not marked.
7.0 WORKS AGREEMENT
(i) Unwanted papers in the agreement
(ii) Important papers such as negotiation letter missing
(iii) Execution of agreement much after commencement of work
(iv) Agreement not signed by witnesses
(v) Performance guarantee obtained late
(vi) Insurance not taken as per conditions
(vii) Allowing validity of bank guarantee and insurance policies to
lapse.
(viii) Bank guarantee not verified through issuing bank
491
(ix) Labour licence not obtained by contractor
(x) Technical staff not employed by contractor
(xi) Labour report not sent periodically
(xii) Safety precautions and other facilities not provided by the
firms
(xiii) Schedule of quantity has rates only in figures and not in words.
(xiv) Stipulations regarding supply of water, electricity etc., not
complied with. Recovery not made in case of supply by
department
(xv) Conditions on Issue of materials/machinery not stipulated in
contract
(xvi) Extension of time granted by authority not competent to do so
(xvii) Stipulations regarding approval of materials/samples not
adhered to.
(xviii) Price escalation paid though not stipulated.
8.0 PAYMENT TO CONTRACTORS
(i) Excessive deviations allowed without approval of competent
authority
(ii) Items substituted to the advantage of the contractor
(iii) Inadmissible extra items paid.
(iv) Exorbitant rates fixed and paid for extra and substituted items.
Measurements not recorded in MBs.
(v) Test checks not carried out
(vi) Excessive part rates allowed.
(vii) Mobilisation advance recovered without interest for a long
time.
(viii) Part rates paid instead of secured advance
(ix) Secured advance paid for larger quantities than required.
(x) Secured advance paid for perishable materials without
comprehensive insurance cover
(xi) Secured advance paid without adequate testing of materials
(xii) Not effecting recoveries of secured advance on time
(xiii) Non recovery of Income Tax
(xiv) Erratic escalation payments by taking provisional indices.
492
(xv) Escalation paid beyond stipulated period without sanction of
Competent Authority.
(xvi) Undue payments made by over measurement of items.
(xvii) Non-recovery of cost of materials from bills even though
utilised in the items paid for.
(xviii) Excess quantities of materials issued to contractors not
returned.
(xix) Payment made by measurement under wrong item to the
benefit of the contractor.
(xx) All rebates of the contractor not availed while making payment.
(xxi) Short recovery of materials issued from bills
(xxii) Retention money released before due date
(xxiii) Recording fictitious date of completion of works not completed
(xxiv) Rebate not accounted for in extra/substituted items.
(xxv) CGST & SGST reimbursed without proof of payment.
9.0 SITE RECORDS:
(i) Registers not issued by Engineer in Charge with pages
numbered.
(ii) Hindrance register not maintained.
(iii) Site order book not maintained.
(iv) Compliance in site order book not recorded.
(v) Test certificates of cement & steel not available.
(vi) Many cuttings/over writings in the cement register
(vii) Test checks not done by senior officers.
(viii) On many test reports, acceptability limits and whether test
meets the requirements as per contract has not been
mentioned.
(ix) Cement & steel brought in small quantity at site without
testing.
(x) Mandatory tests not carried out.
(xi) Proper records for bitumen, paints, anti-termite and water
proofing chemicals etc., not maintained to check whether
theoretical requirement has been used.
(xii) Guarantees for water proofing treatment/Anti-termite treatment
not obtained.
(xiii) Materials got tested from unapproved private laboratoreis.
(xiv) Samples failed but action not taken.
493
(xv) Site lab not set up in spite of existence of agreement
provisions.
(xvi) Record of fineness modulus (Gradation) and silt content of
sand not maintained.
(xvii) Record of sieve analysis, hardness, deleterious content
flakiness etc., of coarse aggregate not maintained.
(xviii) Design of mix not done by the approved lab, and with every
change of source of material, make & grade of cement.
(xix) Record of design mix not maintained though specified.
(xx) Cube strength/rebound hammer test not done as per specified
frequency & record not maintained.
(xxi) Test of water not maintained and test not carried out as per
specified frequency.
(xxii) Water cement ratio/slump record not maintained or slump
provided higher than specified in design mix report.
(xxiii) Record of check of surface undulations in case of cement
concrete pavement/ bitumen pavement not maintained.
(xxiv) Record of test of sample of Dense Asphaltic Concrete, Semi
Dense Asphaltic Concrete & Bituminous macadam for bitumen
content, grading of aggregate & field density not maintained.
(xxv) Record of pumping of water not maintained.
(xxvi) Record of use of road roller not maintained.
(xxvii) Record of test of compaction of earth not maintained.
(xxviii) Record of testing of earth brought from outside not maintained.
(xxix) Record of testing of earth disposed off declaring as
unserviceable not maintained.
(xxx) Record of expiry date of anti-termite treatment, receipts and
consumption not maintained.
(xxxi) Record of serviceable material retrieved not maintained.
(xxxii) Record of disposal of rejected material by specifying truck no.
& date of disposal not maintained.
(xxxiii) Water table not recorded to check the measurement of work
executed under water.
(xxxiv) Record and proof of foul condition not maintained.
(xxxv) Testing of pile not done and record not maintained.
(xxxvi) Record of level of bottom/top of D.A.C., S.D.A.C & bituminous
macadam not maintained.
(xxxvii) Record of receipt & consumption of bitumen not maintained.
494
(xxxviii)Record of temp. of bitumen macadam, D.A.C & S.D.A.C not
maintained.
(xxxix) Record of core test or proctor density test of B.M., D.A.C and
S.D.A.C
not maintained.
(xl) Daily bitumen consumption register of hot mix plant not
maintained.
(xli) Verification of BG and test results taken through contractor;
when these were checked by investigating agency, found
forged.
(xlii) Hindrance on account of rain has been recorded, period of rain
fall is already included in stipulated period of completion.
10. QUALITY IN CONSTRUCTION
10.1 Earthwork
(i) Earth work calculations not done based on levels where
specified.
(ii) Hard rock/soft rock not stacked separately.
(iii) Voids not deducted.
(iv) Measurements not restricted as per drawing.
(v) Lead/lift chart of earth not used.
(vi) Proper quality of earth not used
(vii) Compaction of earth by road roller paid within building.
495
(xiv) Design mix not used though specified in contract.
10.3 Wood Work/Aluminium Work
(i) Spices of Wood other than specified used.
(ii) Cracks/dead knots apparent in wood.
(iii) Kiln seasoning not done where specified.
(iv) Less size of stile/rail.
(v) Coal tar/wood preservative not used for timber in contact with
masonry.
(vi) Size of hold fast found less.
(vii) Glass panes of less thickness provided.
(viii) Non ISI marked fittings used.
(ix) Glue not used in joints.
(x) Doors/Windows not fabricated in approved factory.
(xi) Local make flush doors used.
(xii) Less size & number of hinges.
(xiii) Aluminium sections of approved brand not used.
(xiv) Lighter aluminium sections than specified provided.
(xv) Proper sealing between frame and opening not done.
(xvi) PVC weather strip/EDPM lining not provided.
(xvii) Less thickness of anodizing/powder coating.
(xviii) Aluminium work specified in square meter, but drawing
showing sections to be used and their Unit weights not given.
10.4 Steel Work
(i) Non standard steel section used.
(ii) Single piece section not used.
(iii) Metal beading and glazing clips not provided.
(iv) Inferior quality hinges and fittings used.
(v) Steel hinges not fixed by cutting slot.
(vi) Brass striking plate not provided.
(vii) Windows not anchored at top and bottom.
(viii) Angle frames provided instead of T-iron frames.
10.5 Flooring
(i) Less width and thickness of glass strips.
(ii) Less thickness of flooring.
(iii) Less thickness of kota/marble stone/granite used.
496
(iv) Flooring sounding hollow.
(v) Larger panel size than specified.
(vi) Poor workmanship with reference to lines and levels.
10.6 Roofing
(i) Brick coba treatment having cracks, local undulations,
sounding hollow, less thickness, inadequate slopes.
(ii) Water proofing treatment done by non-specialised firm.
(iii) Guarantee Bond not obtained.
(iv) Gobar and straw not used in plaster over mud phuska.
(v) Less thickness of PVC sheet in khurra.
(vi) Non ISI rain water pipe.
10.7 Finishing
(i) Ceiling plaster thicker than specified.
(ii) Non smooth plastered surface.
(iii) Plaster not in line and level.
(iv) Cement mortar of less strength.
(v) Small size grit used in external grit plaster.
(vi) Less thickness of cement plaster/POP
(vii) Surface not properly prepared before painting.
(viii) Distemper/White wash coming to hand.
(ix) Brush marks noticed.
(x) Paint register not maintained.
10.8 Water Supply, Sanitary Installations and Drainage
(i) Non ISI SCE/GI pipes used.
(ii) Under weight SCI/GI pipes
(iii) Clamping of GI pipe not done at proper spacing
(iv) Under size MS holder bat clamp.
(v) Clamps not fixed in CC blocks.
(vi) Less lead used in joints.
(vii) Defective nahani traps.
(viii) Testing of water supply and sanitary system not done.
(ix) Commercial quality sanitary ware used.
(x) Under weight bib taps/pillar taps/stop cocks
(xi) Brackets of wash basin etc., not provided.
(xii) Under weight PVC water storage tanks provided.
497
(xiii) Under weight gully gratings and manhole.
(xiv) Inferior quality SW/RCC pipes used.
(xv) Water tightness of joints and slopes not checked.
498
Annexure 27.1
(Refer Para 27.3)
B.R
F.R
499
closed projects, whether emanating from the Project Office itself or
received from the Site Office. This official will also maintain a
Register with Project wise Index of all Documents received from the
Project Coordinators and from the Accounts Section.
7. Drawings – Correspondence
file
500
8. Correspondance between
RITES and the SUB
CONSULTANT
501
2.1 In addition to the essential Documents listed in Para 2.0, SBU Head can
open other files as required, following the same system on numbering of
files.
502
b) File Number: RITES/PO/Hd.Qtrs. of PO/POLICY/ ESTAB/VOL.
No.
ii) The Project Coordinator will also be responsible for making out
three copies of documents (Items 3, 4, 6 & 9) in Bound Book
form and arrange to supply one copy each to the Accounts
Section in SBU Office and to the Site office. He will also be
503
responsible to make out two copies of Input Estimate (Item 3)
and arrange to supply one copy to the Accounts Section in SBU
Office.
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B (2) INPUT ESTIMATE
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B (4) SUB CONSULTANCY AGREEMENT BETWEEN RITES AND THE
SUB-CONSULTANT
506
v) Technical Sanction of Detailed Estimates by
Competent Authority of RITES.
DETAILED ESTIMATE
v) Estimate Amount
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c) Contents: i) Notification (NIT)
v) Evaluation of Bids
508
B (10) CORRESPONDANCE BETWEEN RITES AND THE CONTRACTOR
/ SITE OFFICES
509
B (12) CORRESPONDENCE WITH RITES HEAD QUARTERS ON ALL
MATTERS.
NOTES
i) The Accounts Wing Officer nominated by SBU Head will be
responsible for opening of files (Items 1,2 & 3) including giving
File numbers. He will also be responsible for collecting from
the Project Coordinator, Bound copies of Consultancy
Agreement between RITES and the Client, Input Estimate,
Subconsultancy Agreements between RITES and the Sub
Consultants, Detailed Estimate for Works and Works Contract
Agreement between RITES and the Contractors.
ii) The Accounts Wings Officer nominated by SBU Head will keep
custody of all Documents referred to in Para (i) above till
finalisation of Accounts with the Works Contractors, Sub
Consultants and the Client or Finalisation of Arbitration / Court
case if any, whichever is later. The Accounts Wing Officer will
then hand over all the Documents to the official in charge of the
Central Registry duly indexed and under clear signature, after
marking in bold letters on top cover of each Document the
Expiry Date (Date upto which the document is to be preserved
as per the provisions in Annexure 19.5 of these Guidelines).
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C (1) CORRESPONDENCE WITH THE CLIENT ON FINANCIAL
MATTERS
511
NOTES
ii) The Controlling Site Engineer will keep custody of all the
Documents referred to in Para (i) above till expiry of the
maintenance period of Works Contract. The Controlling Site
Engineer will thereafter hand over all the Documents to the
Project Coordinator, duly indexed and under clear signature.
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D (3) CORRESPONDENCE WITH THE CLIENT ON ALL MATTERS
iii) The official in charge of the Central Registry, when taking over
custody of the Documents from the Project Coordinators /
Accounts Wing Officers, as the case may be, will check that the
top covers of the Documents have been marked in bold letters
with the Expiry date (Date upto which the Document is to be
preserved as per the provisions in Annexure 19.5 of these
Guidelines)
iv) Every year in the month of April, SBU Head will organize a
drive to have the documents under the custody of the official
incharge of the Central Registry scrutinised carefully. The
Time Expired Documents, as observed from the Top covers of
the Documents should be disposed off after keeping a list of
such documents with relevant details such as, File Number,
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File Name, Agreement no. & Date, Names of Parties to the
Agreement, Purpose of Agreement, Details of Site Record etc.
514
ANNEXURE 28.1
(Refer Para 28.10)
Letter No._____dated_____
To
(Contractor)
Address
Dear Sir,
2 You are hereby given an opportunity to explain your conduct. You may,
therefore, submit your written statement of defence showing cause as to why
business dealings with you should not be banned. Your reply in this regard
should be sent within 30 days of the date of this letter. If no reply is received
within 30 days, the competent authority may decide the matter ex-parte.
Yours faithfully,
Engineer-in-Charge
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Annexure 28.2
(Refer Para 28.10)
PROFORMA FOR LETTER BY ENGINEER-IN-CHARGE TO THE
CONTRACTOR ON SUSPENSION OF BUSINESS DEALINGS
BY REGD. POST. / SPEED POST
Office of (Engineer in Charge)
Letter No._____dated_____
To
(Contractor)
Address
Dear Sir,
Engineer-in-Charge
Not On Original
Copy to :Investigating Department/Unit for completing the investigation within six
months
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ANNEXURE 28.3
(Refer Para 28.10)
PROFORMA FOR LETTER BY ENGINEER-IN-CHARGE TO THE
CONTRACTOR ON BANNING OF BUSINESS DEALINGS
BY REGD. POST. / SPEED POST
Office of (Engineer in Charge)
Letter No._____dated_____
To
(Contractor)
Address
Dear Sir,
Sub: Name of work - .........................................................................................
2 The said period of 30 days has since elapsed but no reply has been received
from you.
Or
Your reply to the Show Cause Notice was received vide your letter No.
……….. dated ………
(Delete whichever is not applicable in para 2)
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