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LECTURE PPTs 10 SEPT 15

STEPS IN FORMATION OF CONTRACT


BASIC INFORMATION-TENDER NOTICE?
BASIC INFORMATION REQUIRED TO BE PUBLISHED:
NAME OF INVITING AUTHORITY.
NATURE OF WORK AND LOCATION.
ANY PRE Q REQUIREMENT
FORM OF SUBMISSION & FROM WHOM THESE CAN BE OBTAINED.
ESTIMATED COST OF WORK
MODE OF SUBMITTING TENDERS.
DATE, PLACE AND TIME BY WHICH SEALED BID TO BE SUBMITTED.
DATE, TIME AND PLACE OF OPENING OF BIDS.
TIME PERIOD/DURATION.
WHAT ADDITIONAL INFORMATION?
OWNERS RIGHT TO REJECT OR ACCEPT ANY TENDER WITHOUT..? ANY
REASON.
EARNEST MONEY: 1. PURPOSE. CHARACTER/FORM. 3. AMOUNT. 4.
REFUND OF DEPOSIT?
SECURITY DEPOSIT/PERFORMANCE BANK GUARANTEE.
INFORMATION:GEO TECHNICAL STRATA, DRAWINGS, PLANS, DESIGNS
INFORMATION ABOUT PERMISSION TO IMPORT EQUIPMENT AND
CUSTOM/EXCISE DUTY EXEMPTION, IF ANY.
PERMISSION FOR FOREIGN CONTRACTORS, IN CASE OF
INTERNATIONAL COMPETITIVE BIDDING.
LIKELY AWARD DATE OF CONTRACT: PERIOD OF VALIDITY OF BID.
PRE BID CONFERENCE. WHOM TO CONTACT FOR CLARIFICATIONS.
PRE BID CONFERENCE?
PURPOSE? WHERE? WHEN?
PRE BID QUERIES? WHO ALL SHOULD ATTEND?
SPECIAL FEATURES, PECULIAR CONDITIONS,
SPECIFICATIONS.
TENDERERS SHOULD UNDERSTAND CLEARLY-WORKS,
NATURE, SCOPE, INTENDED PURPOSE ETC.
QUERIES AND REPLIES RCORDED AND SENT TO ALL.
SPECIMEN TENDER NOTICE?
AFTER UNDERGOING MBA COURSE FROM RICS SBE, YOU GOT
PLACEMENT IN A LARGE UNDERTAKING YOUR BOSS WANTS YOU TO
DRAFT A TENDER NOTICE FOR A FORTHCOMING WORK INVOLVING
CONSTRUCTION OF A 300 METRE RCC BRIDGE OVER YAMUNA RIVER
AT KALINDI KUNJ TO EASE FLOW OF TRAFFIC BETWEEN NOIDA AND
DELHI.
PREPARE A NOTICE INVITING TENDERS FROM CONTRACTORS HAVING
REQUISITE EXPERIENCE. THE WORK IS TO BE EXECUTED AS A DESIGN
& BUILD PROJECT.
MAKE SUITABLE ASSUMPTIONS.
SPECIMEN INSTRUCTIONS TO TENDERERS
AFTER UNDERGOING MBA COURSE FROM RICS SBE, YOU GOT
PLACEMENT IN A LARGE UNDERTAKING. YOUR BOSS WANTS YOU TO
DRAFT INSTRUCTIONS TO TENDERERS FOR A FORTHCOMING WORK
INVOLVING CONSTRUCTION OF A 300 METRE RCC BRIDGE OVER
YAMUNA RIVER AT KALINDI KUNJ TO EASE FLOW OF TRAFFIC
BETWEEN NOIDA AND DELHI.
PREPARE A INSTRUCTIONS TO TENDERS FROM CONTRACTORS
HAVING REQUISITE EXPERIENCE. THE WORK IS TO BE EXECUTED AS A
DESIGN & BUILD PROJECT.
MAKE SUITABLE ASSUMPTIONS.
PREPARATION OF TENDER DOCUMENTS
AND PROCESS OF TENDERING
TENDER DOCUMENTS?
1. NOTICE INVITING TENDERS (Vol 1)
2. INSTRUCTIONS TO TENDERERS AND FORMS/BONDS (Vol 1)
3. GENERAL CONDITIONS OF CONTRACT (Vol 1)
4. SPECIAL CONDITIONS OR CONDITIONS OF PARTICULAR APPLICATION
(Vol 1)
5. PAYMENT SCHEDULE & BILLS OF QUANTITIES (Vol 2)
6. TECHNICAL SPECIFICATIONS (Vol 3)
7. DRAWINGS (Vol 4)
8. GEO TECHNICAL DATA (Vol 5)
9. EMPLOYERS REQUIREMENTS (Vol 6)
10. DESIGNS BASIS REPORT/DATA (VoL 7)
GENERAL CONDITIONS OF CONTRACT (GCC)?
STANDARD FORMS DEVELOPED BY EMPLOYERS CPWD, DMRC, NHAI,
MES, IOCL) AND OTHER INTERNATIONAL FORUM LIKE FIDIC, NEC,
WHICH SPELL OUT CONDITIONS FOR:
GENERAL OBLIGATIONS & PERFORMANCE OF CONTRACT
CONTRACT DOCUMENTS
DUTIES AND AUTHORITY OF ENGINEER AND ENGR REPRESENTATIVE
ASSIGNING AND SUBLETTING
COMMENCEMENT AND DELAYS
ALTERATIONS AND VARIATIONS
PROCEDURE FOR CLAIMS
VALUATION AND PAYMENT
GENERAL CONDITIONS OF CONTRACT (GCC)?
LABOUR REGULATIONS
SETTLEMENT OF DISPUTES, ARBITRATION AND LAWS
NOTICES
DEFAULT OF EMPLOYER
CHANGES IN COST AND LEGISLATION
SUSPENSION AND TERMINATION
DEFECT LIABILITY
SAFETY CODES
SPECIAL CONDITIONS OF CONTRACT?
CERTAIN CHANGES/ADDITION/DELETIONS TO GCC MADE, SPECIFIC TO
THE PROJECT:
MATERIALS PROVIDED BY THE OWNER.
MOBILISATION AND EQUIPMENT ADVANCE.
BANK GUARANTEES FOR ABOVE.
SECURED ADVANCE FOR MATERIAL BROUGHT TO SITE.
WHAT CONSTITUTES START DATE OF CONSTRUCTION.
REQUIREMENT OF VARIOUS REPORTS RELATED TO PROGRESS.
MANUALS FOR SAFETY AND QUALITY.
BILLS OF QUANTITIES (?)
BOQ SHOWS THE QUANTITIES PROPOSED TO BE EQECUTED IN EACH
ITEM OF WORK (EXAMPLE):
EARTHWORK EXCAVATION
EARTHWORK FILLING
EXCAVATION IN HARD ROCK
EXCAVATION IN ROCK
ANTI TERMITE TREATMENT
WATERPROOFING
CONCRETING, STEEL REINFORCEMENT (VARIOUS TYPES/LEVELS)
VARIOUS ITEMS OF WORKS
BRICKWORK, PLASTERING
JOINERY
METAL WORK
FLOORING
ROOF TREATMENT, INSULATION
FINISHING/PAINTING
SEWAGE, DRAINAGE, SANITARY WORK
MEP SERVICES: WATER SUPPLY, ELECTRICAL, FIRE FIGHTING, HVAC
ETC..
INTERNAL ROADS, LANDSCAPING, ARBORICULTURE ETC.
TECHNICAL SPECIFICATIONS?
PERFORMANCE SPECIFICATIONS-28 DAYS STRENGTH OF CONCRETE
DESIGN SPECIFICATIONS-PROCESS AND DESIGN ARE SPECIFIED-
DESIGNER RESPONSIBLE FOR PERFORMANCE OF THE PRODUCT
DESIGNED BY HIM
OPEN SPECIFICATIONS-ANY PRODUCT MEETING THE REQUIREMENT
CLOSED SPECIFICATIONS-PRODUCT OF CERTAIN TYPE ONLY
EQUAL SPECIFICATION-SUBSTITUTION ACCEPTABLE
PROPRIETY SPECIFICATION. ONLY ONE PRODUCT SPECIFIED.
SUBSTITUTION NOT ACCEPTABLE.
STEP ONE: PLANNING AND RESEARCH
GOVT WORLDS LARGEST CONSUMER-BUT COMPLETELY
DIFFERENT MARKET THAN COMMERCIAL SPACE. LARGE
CORPORATES ALSO FOLLOW SIMILAR PROCESSES.

HOW THE PROCESS WORKS?


RESEARCH-MOST CRITICAL. GETTING INTO CENTRAL
CONTRACTOR REGISTRATION DATA BASE
STEP TWO-RESPONSE TO NIT

(A) IS IT APPROPRIATE FOR YOUR COMPANY TO PURSUE?


(B) IS THERE A LONG DURATION/SHORT?
(C) WHAT IS SIZE & TYPE OF PROJECT?
(D) ORGANISE SITE VISIT-WHAT IS SITE SPECIFIC
INFORMATION?
(E) WHAT GEO TECHNICAL DATA IS AVAILABLE. ADDITIONAL
INFORMATION/VALIDATION NEEDED?
(E) WHAT IS DEGREE OF DIFFICULTY? IF ALL OKAY:-
HOW TO SUBMIT YOUR BID?
STEPS THREE: BID SUBMISSION
BID SUBMISSION BASED ON RESEARCH ABOUT
CLIENTS HISTORY. LOOKING FOR PAST
PERFORMANCE AND PREVIOUS GOVT
EXPERIENCE, STABILITY?
GOVT WANTS TO BE SURE YOU WILL DELIVER
AND NOT JUST SAVE MONEY. IF JOB NOT DONE-
COST MORE IN LONG RUN.
ENVELOPES
SINGLE ENVELOPE BIDDINGME ENVELOPE-TECHNICAL AND
PRICE BID IS IN SAME ENVELOPE. CONTRACT AWARDED TO
MOST FINANCIALLY COMPETITIVE COMPLIANT BID
TWO ENVELOPE BIDDING-TWO SEPARATELY SEALED AND
MARKED ENVELOPES- ONE CONTAINING TECHNICAL BID
AND EARNEST MONEY DEPOSIT. SECOND CONTAINIG
FINANCIAL BID. BOTH KEPT IN THIRD ENVELOPE AND
SEALED. OPENING?
THREE/MULTIPLE ENVELOPE BIDDING-DIFFERENCE?
STEP FOUR-POST SUBMISSION

BID IN SEALED ENVELPOES. ORAL SUBMISSION


MAY BE REQUIRED ALSO-BID SUBMISSION NOT
ENOUGH.
ORAL SUBMISSION MAY BE NEEDED-IF
NARROWED DOWN TO TWO OR THREE-MORE
COMMON WITH REQUEST FOR PROPOSALS
(RFP)
NEXT STEPS: POST AWARD
STEP FIVE: GOVT/AGENCY MAY CONTINUE TO ASK MORE
INFORMATION BEFORE FNALLY AWARDING. REGULAR
COMMUNICATION WITH AWARDING AGENCY DEADLINES,
PROGRAMMES AND OTHER SUBMISSIONS TO BE IRONED
OUT.
STEP SIX-AWARD -SET UP KICK OFF MEETINGS
STEP SEVEN-SIGNING OF CONTRACT AGREEMENT
TYPICAL DETAILS OF A COMMERCIAL CONTRACT
PARTIES TO THE CONTRACT
RECITALS-BACKGROUND..WHEREAS
DEFINITIONS
MAIN BODY OF CONTRACT-OERATIVE PART:
WARRANTIES-TITLE/COPY RIGHT, FITNESS FOR PURPOSE.
CONDITIONS-SPECIAL
MISCELLANEOUS CLAUSES (BOILER PLATE) STANDARD
FORCE MAJEURE
SEVERABILITY-EACH CLAUSE TO BE READ INDEPENDENTLY OF EACH OTHER IN
THE EVENT ONE OR MORE UNENFORCEABLE
ENTIRE AGREEMENT CLAUSE-ANY PRIOR DISCUSSIONS DO NOT FORM PART
ETC
SIGNATURE SECTION
SCHEDULES-IN MORE DETAILS-PRICE LIST ETC.
INSURANCE
CONSTRUCTION INSURANCES ARE REQUIRED ON EVERY
SINGLE CONSTRUCTION PROJECT. CONSTRUCTION
INSURANCES CAN PROVIDE COVERAGE FOR:
MATERIAL & EQUIPMENT RISKS
NATURAL DISASTERS
EMPLOYEES AND WORKERS/LABOUR
EVEN THE OWN BUSINESS.
TYPES OF INSURANCE & BONDS/GUARANTEES
CONTRACTORS ALL RISK (CAR) POLICY.
WORKMEN COMPENSATION INSURANCE
GROUP INSURANCE FOR STAFF
WORKERS HEALTH INSURANCE
SITE AND CAMP ESTABLISHMENT INSURANCE
CASH IN TRANSIT INSURANCE
MATERIAL AND EQUIPMENT AT SITE INSURANCE
MATERIALS & EQUIPMENT IN TRANSIT INSURANCE
BID SECURITY BOND
PERFORMANCE BONDS
PROFESSIONAL INDEMNITY BOND
EXPORT CREDIT GUARANTEE
SECURED ADVANCE AGAINST MATERIALS BOND
ADVANCE AGAINST PLANT & EQUIPMENT
INSURANCE
CONTRACTORS ALL RISK POLICY (CAR) .?

CONTRACTORS' ALL-RISK INSURANCE (SOMETIMES


REFERRED TO AS 'CONTRACT WORKS INSURANCE')-A POLICY
TO COVER ALL RISKS NORMALLY ASSOCIATED WITH A
CONSTRUCTION PROJECT.
ISSUED COMMONLY UNDER THE JOINT NAMES OF
A CONTRACTOR AND A PRINCIPAL CLIENT.
CAR POLICY
COVER IS USUALLY PROVIDED FOR THE CONSTRUCTION
PERIOD BUT IT CAN BE EXTENDED TO INCLUDED THE DEFECTS
LIABILITY PERIOD TOO. COVERS:
THE COST OF UNFORESEEN LOSS OR DAMAGE TO BUILDING
WORKS.
MACHINERY MOVEMENT.
PUBLIC LIABILITY.
TOOLS, PLANT OWNED BY THE POLICY HOLDER.
PLANT HIRED IN.
BUSINESS INTERRUPTION.
EQUIPMENT ERECTION.
CONSTRUCTION LIABILITY INSURANCE.
WHY IT IS IMPORTANT?
WHILE WORKING ON CONSTRUCTION PROJECTS, WORKERS CAN
ACCIDENTALLY DAMAGE A PROPERTY MISHANDLING MATERIALS AND
TOOLS, OR WHILE RE-MODELLING PROCESS IS UNDER WAY.
WHAT IT ACHIEVES?
1. WILL PROTECT CONTRACTORS, HOME BUILDERS AND OTHERS
(INCL SUB CONTRACTORS) AGAINST INJURIES, ACCIDENTS OR
PROPERTY DAMAGE SUFFER ON THE JOB.
2. HAVING GOOD CONSTRUCTION LIABILITY INSURANCE PROTECTS
BUILDERS FROM LAWSUITS OR WHEN THEY SUFFER LOSS FROM
UNEXPECTED CONDITIONS.

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