Contract Management - Tender Procedures
Contract Management - Tender Procedures
AND
TENDER PROCEDURES
BY
P.CHANDRASEKHAR REDDY
ASST DIRECTOR(Vigilance)
WATER RESOURCES DEPT.
1
CONTRACT
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TYPES OF CONTRACTS
The payment will be made, for the work done, as3 per the item
wise rates quoted by the contractor.,
LUMP SUM ( L. S) CONTRACT
Payment is made for the work done, based on the estimated rates,
plus or minus tender’s premium.
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E. P. C (Engineering Procurement Constructions
Contract)
The contractor will furnish the designs and drawings of all the
components to be executed for approval of the department.
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The contractor will furnish the details estimates showing
components wise cost., for the total amount quoted.
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B. O. T (Build Operate Transfer) Contract
The bidder has to construct the project at his cost & operate it for
the specified period and then transfer the project to Government.
During the operation period, the bidder can collect the cess /tax
from the beneficiaries of the project, at the rates fixed /accepted by
the Govt.,
The work will be awarded to the bidder who offers lowest cess
/taxes chargeable on the user.
Technical Sanction:
1. After receipt of administrative approval and expenditure sanction, a detailed
estimate is further sanctioned by a competent technical authority of the
engineering department empowered by the Government, which ensures that
the proposals are structurally sound and the estimate is accurately calculated
based on adequate data.
2. Such sanction is known as Technical Sanction and should be taken before
inviting tenders to execute the work.
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GO Ms No: 94 Dt: 1-7-2003
SANCTION OF ESTIMATES
Administrative Approval
• From Competent Authority
Technical Sanction:
Powers of TS:
E.Es upto : Rs.10 lakhs.
S.Es upto : Rs.50 lakhs
C.Es upto : value of the administrative approval.
9
Modified vide GO Ms No: 41 WR(Reforms Dept) Dt: 24-5-18
Delegation of Powers
Nature of Cadre as Revised Delegation
Powers per G.O.Ms.No.1007, of
TR&B (C1) Powers
Departments,
dated 05-11-1976
CE Upto No Change
Administrative
approval.
Technical
sanction to
SE Up to Rs. 50.00 Lakhs. Up to Rs. 200.00
detailed
Lakhs.
estimate of
works
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RECEIPT OF TENDERS:
VALIDITY OF TENDERS:
Bids shall be valid for a period 3 months from last date of
receipt of tenders.
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ECV : Estimated Contract Value
TCV : Tendered Contract Value
Total-B : Rs.
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QUALIFICATION CRITERIA
TO BE PRESCRIBED IN
TENDER DOCUMENT
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CONTRACTOR REGISTRATION
CATEGORIES CLASS
CIVIL Special class
Public Health Class-I
Engineering
Furniture Class-II
Electrical Class-III
Transport Class-IV
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As per G.O. Ms. No: 94, I&CAD ((PW)–COD) Dt:01.07.2003
iv)Electrical
-- --
Upto -- --
v) Transport -- Above
Rs.50,000/-
Rs.2
Lakhs &
upto any
amount
Committee of Ces’
of other
Class II Rs.3,000/- departments & Rs. 20.00 Lakhs
member of
COT,nominated by
Commissioner,
COT
Comprising the
Class IV Rs.1,000/- SEs available in Rs. 5.00 Lakhs
the district & a
representative of
COT
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Other Documents needed to be
uploaded by the tenderer
PAN card copy & latest Income Tax Returns.
VAT Registration and Clearance Certificate.
Fee payable to APTS.
Statements I to VII & Self Declaration.
Litigation history.
Proposed Methodology and Program of Construction
Liquid Assets / Credit Facilities / Solvency Certificate.
CA certificate along with P&L statements.
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Documents needed to be uploaded…..
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QUALIFICATION CRITERIA
To quality for award of the Contract, each bidder in its name
should have, during the last five years (specified financial years
i.e. they should be immediately preceding the financial year in
which tenders are invited).
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Qualification Criteria:
SIMILAR WORKS CRITERIA:
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Calculation of minimum similar
works value
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Example :
ECV : 403.35 Lakhs
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Calculation of minimum
Physical Quantities value
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QUANTITIES
Example:
LIQUID ASSETS:
Liquid assets/credit facilities of not less than Rs. Lakhs (credit
lines/letter of credit/solvency certificates from Banks etc.
shall be equivalent of the estimated cash flow for three
months in peak construction period)
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BID CAPACITY:
Where
A= Maximum value of civil engineering works executed in any one year
during the last five years (updated ….. * price level) taking into account
the completed as well as works in progress.
N= Number of years prescribed for completion of the works for which
tenders are invited
B= Value of existing commitments and ongoing works to be completed
during the period of completion of works for which tenders are invited.
@ = at …. * Price level. Financial turnover and cost of completed works of
previous years shall be given weightage of 10% per year to bring them to
……., price level *
* The financial year in which bids are invited.
Experience relating to the works executed in State/Central Government
departments or State/Central Government undertakings shall only be
considered.
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CHECKLIST TO ACCOMPANY THE TENDER
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FIRMS INELIGIBLE TO TENDER
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TIME ALLOWED:
The time allowed from the date of publication of tender notices
to the date of receipt of tenders is 14 days for the first call and 7
days for the second call.
VALIDITY OF TENDERS:
Tenders shall be valid for a period of 3 months. Before expiry
of validity, the authority competent to call for tender shall seek
for further extension of validity from the Contractors and in
case the validity is not extended his tender will not be
considered and the E.M.D. shall be returned.
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TENDER PREMIUM:
(i) Ceiling of Tender Premium: For all works the ceiling of tender
premium shall be 10% . As per the guidelines, even after two
calls if the tender premium quoted is more than 5%, the matter
should be refer to the Government and the Government may
order for a fresh call or may constitute a committee to avoid the
work on nomination to a reputed contractor from the list to be
maintained by the Department on the basis of performance of
contractors.
(Amendment issued vide GO Ms No : 133 Dt: 20-11-2014)
(i) Discount Tenders: (Percentage less than estimated cost) :
Tenders upto 25% less than the estimate may be accepted but
for tenders which are less by more than 25% of the estimate, a
bank guarantee or demand draft for the difference between the
tendered amount and 75% of the estimate value should be taken
so that the tenderer leaves the works midway and the
department is forced to call for tenders for the work once again,
the bank guarantee or demand draft shall be used to finance the
re-tendered work. 39
SUB-CONTRACTS:
If the prime contractor desires to sub-let a part of the work he
should submit the same at the time of filing tenders itself or during
execution, giving the name of the proposed Sub-Contractor, along
with details of his qualification and experience. The Tender
Accepting Authority should verify the experience of the Sub-
Contractor and if the Sub-Contractor satisfies the qualification
criteria in proportion to the value of work proposed to be sub-let, he
may permit the same. The total value of works to be awarded on
sub-letting shall not exceed 50% of contract value. The extent of
subletting shall be added to the experience of the sub- contractor
and to that extent deducted from that of the main contractor.
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INSURANCE
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PRICE ADJUSTMENT:
Price adjustment shall be granted where administered
prices are enforced and that too for works estimated at
more than Rs. 2.00 Crores and having completion period of
more than 18 months. This should be applicable within the
original contract period or extended period owing to
departmental delays. This will not apply to cases attributed
to contractors fault.
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MOBILISATION ADVANCE:
The contractor shall have the facility of obtaining mobilization
advance up to 10 % of contract value on works costing more than
Rs. 1 crore (Now 2 Cr) against Bank Guarantee which will attract
suitable rate of interest. The advance and interest shall be
recovered from the contractor’s bills in appropriate instalments
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Tender
ProcedureS
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Sanctions / Approvals
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Publication of NIT / Tender
Notice
NIT / Tender Notice published in ‘e’ market place @
www.eprocurement.gov.in by the authorities who finalize NIT / Tender
Document or any officer authorised .
Time allowed for tendering (from date of hosting to last date of receipt
of tenders)
1st call – 14 days
2nd call – 7 days for 1st call responsive tenders.
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While Publishing the following
should be incorporated in NIT
Name of the work including scope of the work.
Estimate Contract value put to tender
Period of Completion
Form of contract / class of contractor eligible
E.M.D. to be paid in the shape of Demand Draft in favour of ---------
------------------------ / Bank Guarantee in favour of Superintending
Engineer ---------------------------
Date and time for down load of Tender Schedules in Online
Last date and time for submission of Tenders
Date and time of opening of tenders
a) Technical Bids
b) Price Bids
Officer inviting bid
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Sample NIT Template
1 Name of the work ---------------------------------------------- [Considering
the Scope of work]
LUMPSUM
4 Form of contract / class of contractor 1) G.O.Ms.No: 94, I&CAD (PW-COD) Dept, Dated:
eligible 01-07-2003. -----( Specify required Class &
Category)
2) GO Ms No.130 I & CAD (PW: Reforms) Dept Dt
22-05-2007.
------------------------
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Submission of bids on
E-procurement Platform
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Documents needed to be
uploaded
Copy of Contractor Registration Certificate under appropriate class
with Government of AP.
PAN card copy & latest Income Tax Returns.
VAT Registration and Clearance Certificate.
Fee payable to APTS.
Statements I to VII & Self Declaration.
Litigation history.
Proposed Methodology and Program of Construction
Liquid Assets / Credit Facilities / Solvency Certificate.
CA certificate along with P&L statements.
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Documents needed to be uploaded
Details of Civil Engineering Works completed in the Block Period (
Block Period is last 10 Years in case of Irrigation department
Tenders)
Details of Similar works completed within block period.
Details of required Physical Quantities of works completed within
block period.
Details of On Hand works (Statement IVA) & tenders submitted
(Statement IVB).
Availability of Key & Critical equipment & quality control
equipment.
Litigation History
Availability of Key personnel.
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Technical Bid & Price bid
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Technical Evaluation
Evaluation based on following eligibility criteria as per NIT
/ Tender Document
Valid Contractor Registration certificate – Mandatory
Registration of Firm / Company, Partnership Deed /
Articles of Association.
EMD – Mandatory
Transaction Fee –
Statements I to VII
Self Declaration
Proposed Methodology
Litigation history
Copy of Pan Card & latest IT Returns 55
VAT/GST Registration Certificate
VAT Clearance Certificate
Liquid Assets / Credit Facilities / Solvency Certificate
– Mandatory
Key Personnel required –
Availability of Key & Critical Equipment –
Machinery certificate issued by Executive
Engineer
(or)
Declaration on Rs.100/- Non-Judicial stamp paper
with proof of owing or lease agreement.
Availability of Quality Control Equipment
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Similar work experience certificate completed within
block period as Prime Contractor
Certificate in support of minimum physical quantities
within block period in any one financial year
Certificate in support of existing commitments
Annual Turnover certificate by CA along with P&L
Statement
Bid Capacity criteria
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STATEMENT – V
Availability of Critical Equipment & Key personnel
A) Availability of Equipment:
The tenderer should furnish all the information required below, regarding the availability
proposals of the equipment.
Availability proposals
S No Name of equipment Agt. / condition. Remarks
Owned Leased To be procured
-1- -2- -3- -4- -5- -6- -7-
A) Availability of Equipment:
The tenderer should furnish all the information required below, regarding the availability
proposals of the equipment.
Availability proposals
S No Name of equipment Agt. / condition. Remarks
Owned Leased To be procured
-1- -2- -3- -4- -5- -6- -7-
Department
and Remarks showing
Other Party[ies] Case of dispute Amount involved
concerned present status.
Officer.
-1- -2- -3- -4- -5-
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Example:
A tenderer had satisfactorily completed three works
as a Prime Contractor within the block period i.e., say
2013-14 to 2017-18( Current Price level 2018-19) as
mentioned below:
Value of work executed Ref. certificates.
Name 13-14 14-15 15-16 16-17 17-18
Period
and Agt.
Agt. of
S. No Descrip Value
No. comple
tion of in Cr
tion
work.
Details of satisfactory completion of similar works in the Name of the Tenderer as Prime
Contractor in any one year during last five [5] financial years.
Description of work
Remarks explaining
Stipulated period of
Balance work to be
of Agt. Concluding
Value of Contract.
Actual date of
completion
completion
Authority.
S. No
done
Year
far
-1- -2- -3- -4- -5- -6- -7- -8- -9- -10- -11- -12- -13-
Attach certificate issued by the EE concerned duly countersigned by the SE for the above
works.
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•For example:
Quantities prescribed are:
CC [including RCC and PCC …750 Cum
Earth work [excavation and embankment] …12500 Cum
Lining [Manual / paver] 2800 Sqmts
BM / DBM. 500 Cum.
EXAMPLE:
Executed :
2013-14 : Rs.110 Lakhs.
2014-15 : ------.
2015-16 : Rs.100 Lakhs.
2016-17 : Rs.120 Lakhs.
2017-18 : Rs.140 Lakhs.
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The above values if up-dated then we may identify the
maximum value of Civil Engineering works executed. The
updation @ 10% per year to the price level of 2018-19.
Updated values:
2013-14 : Rs.110 x 1.50 = Rs.165 Lakhs.
2014-15 : ----------
2015-16 : Rs.100 x 1.30 = Rs.130 Lakhs.
2016-17 : Rs.120 x 1.20 = Rs.144 Lakhs.
2017-18 : Rs.140 x 1.10 = Rs.154 Lakhs.
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STATEMENT – I
Maximum value of Civil Engineering works executed in any one year during the last [5]
financial years by the Tenderer.
S. No. Financial Year Value in Rs.
1. 1994-1995
2. 1995-1996
3. 1996-1997
4. 1997-1998
5. 1998-1999
Attach certificate from the EE countersigned by SE or form Chartered Accountant along with
Annual Balance sheet.
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Bid Capacity of M/s ABCD Constructions
A Value Rs.350.2
=Rs. 2200 L (2016-17) ECV 8lakhs
(Updated
to 2018- Rs.292.9
.=Rs 2640 L 19) TCV 8lakhs
N 12
Value=
12 M or 1
.= Year
B Value
STATEMENT IVA
Balance
value of term
factor value
Agt Agt work factor
S.no. NW Agt value year/Dt Period done
7-5-16/ 1.2 1 1006.98
1 XXX 8434.97 2016-17 36 M 839.15 <12 M
2017-18/
10-12- 1.1 1 700.205
2017
2 YYY 776.78 18M 636.55 <12 M
2017-18 2600*1.1
1.1 12/26
3 ZZZ 2849 /4-3-2018 36M 2600 1199.99 >12M *12/26
B Value 3772.745
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CASE STUDY
Name of work: XYZ
ECV : Rs. 1200.00 lakhs
TCV : Rs. 1300.00 Lakhs
Actual value : Rs.1405 Lakhs
Similar work criteria : Rs.225.00 lakhs(in any one year in B P)
Commencement of work : 14-11-2009
2009-10 Rs.480 Lakhs
considered 14-11-2009
2010-11 Rs.200 Lakhs
2011-12 Rs.450 Lakhs
2012-13 Rs.240 Lakhs
2013-14 Rs.35 Lakhs
WHAT TO DO ??
CASE STUDY
Conditions:
NOT CORRECT
CASE STUDY
Tender called without Technical Sanction.
EMD Change
Dept. Failure
CASE STUDY
Order
Special conditions
PR in R & B
Existing works ---- not shown
R & B in PR
Available in
COT
Do’s & Don'ts (while evaluation )
Do’s Don’ts
Invite tenders only after obtaining Never invite Tenders without
proper Administrative Sanction. proper Administrative sanction.
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Do’s & Don'ts while evaluation
Do’s Don’ts
After meeting all the above requirements the bidder enters into
agreement i.e. LOA or Work order is issued by the Agreement
concluding authority.
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Typical Tender Evaluation Template
Sl.N Details As furnished by the bidder
o
1 Class of Registration specified All the criteria to be checked as
As per Tender document/NIT: per the documents uploaded by
the bidder
Eligibility criteria:
G.O.MS No 178,I&CAD dated 27-9-1997 Special Class
G.O.MS No 132,T,R&B dated 11-8-1998 Special Class Ensure that correct class of
G.O.MS 8, T, R&B dated 8-1-2003 I Class category Registration is
G.O.MS No 94, I&CAD dated 1-7-2003 I Class. [Mandatory] specified as per the work in
question.
Partnership deed :
2 Attested copies of documents relating to the Registration of
the firm, Registration as Civil Contractor, Partnership deed, Ensure that details in
Articles of Association. Partnership deed and in
Registration proceedings are one
EMD payable as specified in NIT: and the same.
3 1) Online Tender details:-
Bid security : Rs. /-
DD in favour of : APAO ---------
/ BG in favour of: Superintending Engineer ---------------- It is often observed that payee
details are not correctly
2) As per Tender Document mentioned.
89
Typical Tender Evaluation Template
Sl. Details As furnished by the bidder
No
4 Transaction fee: Online Tender details:
Transaction Fee Payable to ‘APTS’ payable at Hyderabad (As per
G.O. Ms No 4,
Dt 17.02.2005 IT&C Dept) : Rs. /- [Mandatory]
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Typical Tender Evaluation Template
Sl.N Details As furnished by the bidder
o
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Typical Tender Evaluation Template
Sl.N Details As furnished by the bidder
o
12 Availability of Key Personnel required with experience in
construction of similar civil, Engineering works:
Graduate Engineer – 1 No.
Diploma Holders with adequate experience – 1 No.
[as per clause ------ of T.D) . for opening of Price bid].
Eligibility Criteria:
Graduate / Diploma Engineer (Civil/Mechanical) – 1 No. with
minimum 3 years experience.
Graduate Engineer (Civil / Mechanical) – 1 No. with minimum 5
years experience. [Mandatory]
93
Typical Tender Evaluation Template
Sl.No Details As furnished by the bidder
16 Physical quantities: Executed in any one year, the a. Ensure that only
following minimum physical quantities during the quantities with 10% or
last five financial years ending with <31/03/2013> more weightage are
i.e. from ------- to. (as per clause ------ of T.D) . for specified.
opening of Price bid). b. Ensure that all major /
important quantities are
covered.
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AGREEMENT
The bid document signed and filed by the lowest bidder will become
the agreement signed by both the parties.
The departmental Q.C officials ensure that Q.C tests are being
conducted by the contractor, third party Q.C agency as per
agreement terms and conditions.
99
EXTENSION OF TIME
Extension of time is granted for any delays on the part of
the department.
100
ARBITRATION
Settlement of a dispute between parties to a contract by a neutral third party (the arbitrator) without resorting to
court action. Arbitration is usually voluntary but sometimes it is required by law. If both sides agree to be bound by
the arbitrator's decision it becomes a binding arbitration.
101
PRICE ADJUSTMENT
106
SUBLETTING OF CONTRACT:
111
Seigniorage charges
113
No Contractor shall employ any person who is under the age of
14 years
tape.
114
LIQUIDATES DAMAGES
115
OVER HEADS
116
Setting up of laboratories for quality control,, filed and
laboratory testing for control of quality of various items of
work and documentation of test results as per requirement of
the specifications.
Minor T&P excluding vibrators for concrete work and survey
instruments and setting outworks, including verification of line,
dimensions, taking trial pits and before holes, where required.
Watch and Ward
Arrangement for traffic and traffic management during
contruction.
Provision towards safeguarding environment.
Sundries, Financing expenditure of the contractor work
insurance/compensation.
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Termination of contract
in between Agt period
• Clause 61 of PS to APDSS
•Clause 60(C) of PS to APDSS
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THANK YOU
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