CPWD Works Manual Provisions (Session(Session …training.bsnl.co.in/DIGITAL_LIBRARY_SOURCE/UPGRADATION...agreement rate of the original item will be adjusted for the difference in

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E4E4--E5 CIVIL E5 CIVIL

((TECHNICAL)TECHNICAL)

CPWD Works Manual ProvisionsCPWD Works Manual Provisions

(Session(Session--2) 2)

WELCOME• This is a presentation for the E4-E5 Civil Technical

Module for the Topic: CPWD Works Manual Provisions

(Session-2) .

• Eligibility: Those who have got the Up-gradation from

E4 to E5.

• This presentation is last updated on 21-4-2011.

• You can also visit the Digital library of BSNL to see this

topic.



AGENDA

Important CPWD Works Manual Provisions.

Provisions under various sub clauses.

Actions Thereof.

Receipt, Opening and Acceptance of Tenders

• Tenders should be opened in the presence of such

intending tenderers.

• Tenders should be entered in the Register Form

CPWD 41.

• A.O should be encouraged to be present at the time of

opening of tenders.

• Tenders received after due date and time of receipt

not to be considered at all. They should neither be

opened nor entered in the tender opening register


Receipt, Opening and Acceptance of Tenders

Officer opening the tenders should encircle all corrections,

cuttings, conditions, additions and over-writings and number

them and attest them in red ink

Processing of tenders:-

• Time Schedule for Scrutiny of Tenders

• SDE`s tenders - 7 days

• EE`s tenders -15 days

• SE`s tenders -7 (at EE), 15 (at SE) days

• CE`s tenders -7 (at EE), 5 (at SE), 20 (at CE) days

• PGM(BW) tenders -7 5* 15 15

(Period indicated above is in working days.)

•For internal circulation of BSNLonly

Negotiations

Procedure for conducting Negotiations:-

• Negotiations should not normally be conducted with the

tenderer, but in case where it becomes necessary to do

so, negotiations should be restricted only to the lowest

tenderer

• Communication of acceptance/rejection of tenders. After

the tender for the work has been accepted, the same

shall be communicated to the contractor.

• After submission of the performance security /guarantee

by the contractor in an acceptable form, an intimation to

commence the work shall be given.


Recall of Tender

Re-invitation of tenders:-

If the lowest tenderer backs out, there should be re

tendering in a transparent and fair manner. In such

a situation, the NIT approving authority may advise

call for limited or short notice tender if so justified in

the interest of work and take decision on the basis

of lowest tender.


Security Deposit

Security Deposit and Performance Guarantee :-

• Performance guarantee = Validity upto Stipulated Time

for completion+ 60 days (For Works ≥15.00 Lakh)

• Successful tenderer /contractor, shall deposit an amount

equal to 5% of the tendered & accepted value of work

(without limit) Deposit at Call Receipt/Banker’s

Cheque/DD/Pay Order of a Scheduled Bank. (In case

guarantee amount < Rs. 1,00,000/-)

• Government securities.

• Fixed Deposit Receipt (FDR) of a Scheduled Bank.For internal circulation of BSNLonly

Security Deposit

Security deposit :-

(1) The security deposit shall be collected by deductions from

the running bills of the contractors at A sum @ 5% of the

gross amount of the bill shall be deducted from each running

bill of the contractor, till the sum along with the sum already

deposited as earnest money amounts to security deposit @

5% of the tendered amount of the work

(2) Security deposit can be released against bank guarantee

issued by a schedule bank on its accumulation to a

minimum amount of Rs. 5 lakhs subject to the condition that

amount of any bank guarantee except last one, shall not be

less than Rs. 5 lakhs.


Security Deposit

For Works up to 15 Lakh:-

• The S.D. shall be deducted @10% of the gross amount of

the bill shall be deducted from each running bill of the

contractor, till the sum along with the sum already deposited

as earnest money amounts to security deposit @ 10% of

the tendered amount of the work

• FDR’s as Security Deposit

(1) Since Fixed Deposit Receipts (FDR’s) are not Government

securities, there is no objection to their being accepted even

if the period for the completion of the work is less than one

year.


Refund of PG & SD

It is further clarified that the Fixed Deposit Receipts

should be accepted as security even if it does not

cover the stipulated period/extended period, defect

liability period.

Refund of performance guarantee

• The performance guarantee shall be refunded to the

contractor soon after the completion of the work and

recording of the completion certificate as above.


Refund of PG & SD

Refund of security deposit

(1) In the case of works executed against agreements

in Forms BSNL-W 7 & 8 the refund of security

deposit to a contractor on the completion of works is

regulated by Clause 17 thereof. This clause

envisages the issue of a completion certificate in

terms of Clause 8 of the Contract. Such completion

certificate shall be issued by the authority in a

manner detailed under section 29.


Refund of PG & SD

(2) The period of Maintenance as prescribed in Clause

17 of the Contract will be counted from the date of

completion as recorded. The security deposit of the

contractor should be refunded by the Executive

Engineer after the prescribed maintenance period as

stipulated in the agreement or after the date in which

the final bill has been prepared and passed for

payment, which ever is later.


Refund of PG & SD

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 that the right to the due

accrues. In the case of security deposit paid along with

the individual contract, the right to the due would

accrue under Clause 17 after the Maintenance period,

or the date of payment of final bill, whichever is later.


Extra Items

Extra Substituted And Deviated Items Of Work :-

• Deviations 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.

• Market rates for quantities deviating beyond certain

limit as per provisions of clause 12.2 of Agmt., in

case of agreement items, substituted item,

agreement cum substituted items which exceed the

limit stipulated in schedule F.


Extra Items

• For excess quantities. Engineer-in-Charge shall

consider the analysis submitted by contractor and

determine the rates on basis of market rates. The

rates should be worked out by adopting the market

rates of material/labour, prevailing at the time of

occurance of excess, in the relevant item as adopted

in the justification

1) Deviations in quantities of individual item upto + 10%

of agreement quantities will not need any prior

approval of TS authority and sanction of deviations is

not required.


Extra Items

(2) Deviations beyond this limit of + 10% should not be

made at site without in principle approval of TS

authority. Once in principle approval is obtained, the

total deviations (including initial + 10%) shall be

sanctioned by officers as per delegation of powers

(3) The rates for deviated quantities beyond deviation

limits are to be based on market rates. The work

shall not be suspended on the plea of non-

settlement of rates.


Extra Items

Extra/Substituted Items :-

• Extra items of work are items that are completely new,

and are in addition to the items contained in the

contract. (2) Substituted items are items that are taken

up with partial modification or in lieu of items of work in

the contract.

Nomenclature of item:-

• The wordings of the extra/substituted items sanctioned

by the competent authorities should be properly

formulated so as to reflect the exact mode of

execution in the field.


Extra Items

Prior sanction of competent authority necessary.

(1) No extra/substituted item should be executed or

approved without the prior concurrence of its

necessity by the authority who accorded the

technical sanction.

(2) The item shall be operated as per powers for

sanctioning the substituted/extra items.


Extra Items

• Clause 12.2 provides that in case of contract items,

substituted items, contract-cum-substituted items,

which result in exceeding the limits specified in

Schedule ‘F’, the contractor shall within 15 days from

the receipt of order or occurance of excess can claim

revision of rates for the quantities exceeding the

deviation limit. Such claims should be submitted by

him duly supported by analysis.

• The Engineer-in-charge shall revise the rates based

on market rates within one month of receipt of such

claims.


Extra Items

• The rate of extra items and deviation items beyond

the permissible limit will be worked out at 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. The analysis of rates on market

rates should be on similar lines as adopted in the

justification of tender.


CTE Inspection Chief Technical Examiner’s Organization:-

• The Chief Technical Examiner’s Organization is the

technical wing of the Central Vigilance Commission.

• The Chief Technical Examiner’s Organization

conducts inspections of works of civil from the

vigilance angle on its own or on a complaint being

received by/referred to them. The inspections can

be carried out by them for works of any magnitude,

both in respect of original and repair works.


CTE Inspection

Inspection by CTE :-

(1) Intimation regarding the inspection/examination of

works by the CTE is sent by CTE to the Executive

Engineer concerned with a copy to the Superintending

Engineer well in advance. In order to enable the

inspection to be carried out properly, various

documents relevant to the work are generally asked for

by the CTE to be kept ready at site. This list is not

exhaustive/comprehensive. Any other record

considered relevant for inspection can be called for by

them.


CTE Inspection

• The inspection reports are sent by the CTE to the

Executive Engineer concerned, to which the Executive

Engineer shall reply within the period mentioned in the

letter

• Normally the recoveries of overpayments pointed out by

the CTE should be made within a period of 3 months

from the date of issue of memorandum by the CTE. In

no case, action to recover the overpaid amount should

be kept pending, or be kept in abeyance on account of

the case being before the Arbitrator.


CTE Inspection

List of documents considered essential for inspections by

CTE and which may be called for examination of a work :-

(1) (a) Press Cuttings, including extended dates, if any

(i) For pre-qualification of architects/consultants.

(ii) For pre-qualifications of contractors. (iii) Call of tenders.

(b) Register of sale of tenders, (c) Register of opening of tender.

(2) File giving reference to financial sanction and approval of

competent administrative authority Preliminary estimate.

(3) Copy of detailed estimate and its technical sanction by

competent technical authority.

(4) Approved N.I.T. (Notice Inviting Tenders) in original.


CTE Inspection

(5) Rejected tenders and comparative statements for :

(a)Selection of architects/consultants.

(b)Short-listing or pre qualification of tenders.

(c) Other tenders.

(6) Justification statement and corresponding notings in support

of tenders/offers accepted.

(7) Details of negotiations, if any, made before acceptance of

tenders.

(8) Original contracts with consultant/contractor. (9) Guarantee

Bonds etc. towards security for work, machinery/mobilization.

advance etc. including extension of validity.


CTE Inspection

(10) Insurance policies for work, materials, equipment, men etc.

including extension of validity.

(11) Guarantees for water tightness, termite proofing etc.

(12) Standard specifications.

(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.


CTE Inspection

(17) Statement showing details of Test 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/Texts 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.


CTE Inspection

(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.



Documents

CPWD Works Manual Provisions (Session(Session …training.bsnl.co.in/DIGITAL_LIBRARY_SOURCE/UPGRADATION...agreement rate of the original item will be adjusted for the difference in