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SECTION 13
CHAPTER III
CONTRACTS
SECTION 13
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SECTION 13
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SECTION 13
as a result of those quotations, usually for one year. The piecework contract form provides for
payment of stipulated rates only when it refers to such quantity of time and also stipulates that
the Engineer-in-charge may put an end to the agreement at his option at any time.
13.2.6 CPWD Form 11 - Work order
This form may normally be used for works costing Rs.10 lakhs and below. It is not much different
from Form 10, but any work awarded on Form 11 may be stopped by the Engineer-in-charge at any time,
and the contractor is also entitled to stop the work at any time.
13.2.7 CPWD Form 11A - Work order
This form may be used for small works costing less than Rs.10 lakhs where it is not considered
necessary to use regular Forms 7, 8 or 12, and at the same time it is desired to bind the contractor in
respect of the quantity of the work and the time in which it is to be completed.
13.2.8 CPWD Form 12 - Lump sum contract
(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,
specification 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 the
Department, 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.
(2) Drawing and design by the Department
(i)
In cases where work is to be executed as per design and drawing of the department, all the
detailed working drawings, both architectural and structural must be prepared before hand,
and should form part of the tender documents, which should also contain complete and
detailed specifications of the work. The tender documents must set out complete scope of
the work. Only the drawings and the detailed specifications as contained and/or referred to
in the tender documents shall form the basis of execution and payment.
(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.
(3) Drawing and design by the contractor - after the award of work
(i)
In cases where the detailed architectural and structural drawings are to be provided by the
contractor, all the architectural and structural data/parameters necessary to work out the
cost of the work, details of the functional requirement and complete/detailed specification
thereof, including preliminary drawings, if any, must be finalised before call of tenders, and
the tender documents must contain all 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 design/drawings approved
by the department before taking up execution of the work.
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(iii)
(4)
13.2.9
(1)
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In case any modification for any reason is ordered in course of execution, suitable adjustment
for extra payment or recovery shall be effected only if such modification results in change
in the scope of work as given in the tender documents, or any change from the specified
parameters.
Drawing and design by the contractor - before the award of work
(i)
Where the contractor is required to give the design and structural drawings, the contract
can suffer from the following infirmities:
(a) The contractor may under design the structure in order to reduce the cost and win
the contract, or,
(b) During the proof checking of the structural design, there could be a tendency on the
part of the contractor not to agree to the department's 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,
(a) The technical bid, containing the architectural plans, structural design calculations,
structural drawings, service plans, the detailed measurement sheets, and other
technical parameters as may be required, etc.
(b) The price bid.
(iii) The technical bids shall be evaluated by a Committee chaired by the tender accepting
authority (not higher than the Chief Engineer), and comprising the Senior Architect/Architect,
Superintending Engineer (P)/Executive Engineer (P). The Committee shall co-opt
appropriate officers from other 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 equalising 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.
(v) The NIT approving authority shall consider paying to all the participating tenderers a
reasonable and specified amount for furnishing all the above details along with their tenders,
if it is felt that the specified requirements so warrant. In that event, the same should be
suitably incorporated in CPWD Form 6 as well as in the advertisements through website/
press.
The lump sum tender documents shall contain:
(i)
the detailed architectural and structural drawings,
(ii) detailed specifications for the various items and components of the work,
(iii) the schedule of quantities for the various items and components of the work,
(iv) the inclusions in and exclusions from the scope of the contract, if required, for better clarity,
and,
(v) the various stages of work, and the percentage of the contract value for each stage for
release of intermediate and final payments.
160 Years of Engineering Excellence
(2)
(3)
(4)
(5)
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The schedule of quantities referred to above is only limited for the purpose of assessing the
quantum of work involved by the tenderers. It is not meant for subsequent measurement and
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 the
tenders.
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 item(s) or component(s) of the work, unless they are authorised
deviations from the parameters, drawings and specifications contained in the tender documents.
The rates of deviated items shall be determined on the lines of clause 12.2 of Conditions of
Contract for percentage/item rate contracts.
The Junior Engineer and Assistant Engineer shall satisfy themselves that the work has been
done in each stage in conformity to the drawings and specifications contained in the tender
documents, and certify the same before recommending to the Divisional Office for the release of
the stage payment. The Executive Engineer shall conduct test checks to the prescribed levels
as under para 7.10.2.
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