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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.
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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
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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.)
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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