| CON CIRCULARS |
Note :- * These circulars have not yet been issued.
NIRMAN BHAVAN,NEW
DELHI
DATED_12/5/04_______________
Subject: Modification in Contract
Conditions - Procurement of steel by contractors under existing contracts.
Attention is drawn to O.M. No. DGW/CON/187 dt. 20/02/2004. It has been decided that the amended conditions for procurement of steel as provided in O.M. dated 20/02/2004 shall also be applicable to the existing contracts subject to certification of non availability of steel reinforcement bars from main producers by the Superintending Engineer in charge.
This
is as per powers delegated to DG(W), CPWD, vide O.M. No. DGW/MAN/75 dated 27.9.01, to
modify contract conditions where financial implication is upto 25% of the contract amount.
Sd/- 11/5/04
Superintending Engineer (C&M)
Issued
from File No. CSQ/CM/Procurement of store/03/
--------------------------------------------------------------------------------------------
NIRMAN
BHAVAN,NEW DELHI
DATED_11.6.2004___
Subject:
Modification to Clause 19.
Attention is drawn on Clause 19 of General Conditions of Contract for CPWD Works. The clause is partially modified as below:-
Existing Clause 19 |
Modified Clause |
The contractor shall obtain a valid license under the Contract Labour (R&A)
Act 1970 and the Contract Labour (Regulation and Abolition) Central rules 1971, before the
commencement of the work, and continue to have a valid license until the completion of the
work. The contractor shall also abide by the
provisions of the Child Labour (Prohibition and Regulation ) Act, 1986. Any failure to fulfill this requirement shall attract the penal provisions of
this contract arising out of the resultant non-execution of the work. |
The contractor shall obtain a valid license under the Contract Labour (R&A)
Act 1970 and the Contract Labour (Regulation and Abolition) Central rules 1971, before the
commencement of the work, and continue to have a valid license until the completion of the
work. The contractor shall also abide by the
provisions of the Child Labour (Prohibition and Regulation ) Act, 1986. The contractor shall also comply with the
provisions of the building and other Construction Workers (Regulation of employment &
Conditions of Service) Act, 1996 and the building and other Construction Workers Welfare
Cess Act, 1996. Any failure to fulfill these requirements shall attract the penal provisions of
this contract arising out of the resultant non-execution of the work. |
Sd/-3.6.04
Superintending Engineer (C&M)
Issued
from file No. CSQ/CM/C/37(8)/2004
------------------------------------------------------------------------------------------------------------
NIRMAN
BHAVAN,NEW DELHI
DATED 29.6.2004_
Form,
Para, Page |
Existing Provision |
Modified Provision |
|
||
CPWD-6,Para 5, second part, page 4 |
Tender documents consisting of plans,
specifications, the schedule of quantities of the various classes of work to be done and
the set of terms and conditions of contract to be complied with by the contractor whose
tender may be accepted and other necessary documents can be seen in the office of the
... Between hours of 11.00 A.M. & 04.00
P.M. everyday except on Sundays and Public Holidays.
Tender documents, excluding standard form, will be issued from his office during
the hours specified above on payment of Rs
in cash. |
Tender documents consisting of plans,
specifications, the schedule of quantities of the various classes of work to be done and
the set of terms and conditions of contract to be complied with by the contractor whose
tender may be accepted and other necessary documents can be seen in the office of the
... Between hours of 11.00 A.M. & 04.00 P.M. everyday
except on Sundays and Public Holidays. Tender
documents, excluding standard form, will be issued from his office during the hours
specified above on payment of the following :- i)
Rs.
in cash as cost of tender and ii)
Earnest
Money of Rs
. In
cash/Receipt Treasury Challan/Deposit at Call receipt of a scheduled bank/fixed deposit
receipt of a scheduled bank/ demand draft of a
scheduled bank issued in favour of
.. |
|
||
CPWD 6, Para 8.1 page 4 modified by O.M. No. DGW/ CON/179 |
The
tender shall be accompanied by Earnest money
of Rs.
in cash/Receipt Treasury Challan/Deposit at Call receipt
of a scheduled bank/fixed deposit receipt of a scheduled bank/ demand draft of a scheduled bank issued in favour of
.. |
Deleted |
|
||
CPWD 6,Para 8.2,Page 4 |
The tender and the earnest money shall
be placed in separate sealed envelopes each marked Tender and Earnest
Money respectively. In cases where
earnest money in cash is acceptable, the same shall be deposited with the Cashier of the
Division and the receipt placed in the envelope meant for earnest money. Both the envelopes shall be submitted together in
another sealed envelope. The envelope marked
Tender of only those tenderers shall be opened, whose earnest money placed in
the other envelope is found to be in order. |
Deleted |
|
||
CPWD 7/8, Para 4, Page 6 modified by O.M.
No. DGW/ CON/188 |
A sum of Rs.
.. is hereby forwarded in cash/receipt treasury
challan/deposit at call receipt of scheduled bank as earnest money. If I/we fail to furnish the prescribed performance
guarantee
.. |
A sum of Rs.
.. has been
deposited in cash/receipt treasury challan/deposit at call receipt of scheduled bank/fixed deposit receipt of scheduled bank/demand draft
of a scheduled bank as earnest money. If I/we fail to furnish the prescribed performance
guarantee
.. |
|
||
Accordingly, Appendix 17, Para 18.2.2, 18.2.3, 18.3.2,
18.3.3 and
other related provisions of CPWD Works Manual 2003, stand amended.
Sd/-
28.6.04
Superintending Engineer(C&M)
Issued from
file No. CSQ/CM/C/30(4)/2004
------------------------------------------------------------------------------------------------------------
NIRMAN
BHAVAN,NEW DELHI
DATED 07/07/200_______
Rules for
Enlistment of Contractors in CPWD, 2001 as per Rule 7 and Rule 21(i) provide for
enlistment and revalidation period of 5 years. The
matter has been considered and it has been decided that the enlistment/revalidation period
be reduced from 5 years to 4 years. Rule 7
and Rule 21(i) and other related provisions of Rules for Enlistment of Contractors in
CPWD, 2001 accordingly stand modified.
While modified
provision for Rule 7 are clear from above, modification in Rule 21 and its Sub Rule has
been elaborated in Annexure to this Order.
Validity of all
enlistments/revalidations which are for a date beyond four years of issue of this order will be
restricted to a date four years from the date
of issue of this order as per relevant Clause of the enlistment/revalidation orders that
all enlisted contractors shall be bound by the enlistment rules of the department as
amended from time to time. All the enlisted
contractors are advised to apply for revalidation of their enlistment accordingly.
In case of
contractors already enlisted/revalidated prior to this order, modified Rule 21(iii) will
be applicable to those contractors who were enlisted within last one year of issue of this
order whereas existing Rule 21(iii) will be applicable to those enlisted contractors whose
enlistment was done one year prior to the date of issue of this order.
Sd/-7.7.04
Superintending
Engineer(C&M)
Issued from file
No. CSQ/CM/C/18(4)/2004
DGW/CON/194
Revalidation Procedure
Existing Provision
|
Modified Provision |
21.0
Revalidation Procedure
The revalidation shall be done
on the basis of review of the performance of the contractor pertaining to the period of
enlistment/revalidation,. Cases shall be
categorised and action taken as below: |
No change |
(i) Category
A
Enlistment of such contractors, who secure work(s) of appropriate magnitude
during the period of enlistment/revalidation shall be considered for revalidation for a
period of five years subject to evaluation of
their performance. |
(i) Category
A
Enlistment of such contractors, who secure work(s) of appropriate magnitude
during the period of enlistment/revalidation shall be considered for revalidation for a
period of four years subject to evaluation of
their performance. |
(ii) Category B
Enlistment of contractors, who secured work(s) of appropriate magnitude
recently, in the final year of their enlistment, because of which the performance cannot
be properly judged, shall be extended for one year for watching the performance and then
revalidated for four years, if found satisfactory. |
(ii) Category B
Enlistment of contractors, who secured work(s) of appropriate magnitude
recently, in the final year of their enlistment, because of which the performance cannot
be properly judged, shall be extended for one year for watching the performance and then
revalidated for three years, if found
satisfactory. |
(iii) Category C A
contractor who could not secure any work during the enlistment period but submitted three
or more tenders (out of which at least 2 tenders should be during the first four years
of enlistment/revalidation) for works of appropriate magnitude shall be eligible for
extension of enlistment for one year, provided he was among the three lowest tenderers in
at least one work, so as to enable him to try to secure at least one work. After one year,
he shall be regulated in the following manner |
(iii) Category
C
A contractor who could not secure any work during the enlistment period but
submitted three or more tenders (out of which at least 2 tenders should be during the
first three years of enlistment/revalidation)
for works of appropriate magnitude shall be eligible for extension of enlistment for one
year, provided he was among the three lowest tenderers in at least one work, so as to
enable him to try to secure at least one work. After one year, he shall be regulated in
the following manner : |
(a) he has not been able to secure any work of appropriate magnitude during the
extended one year, his enlistment shall stand cancelled and he shall be entitled to apply
for fresh enlistment only after one year of expiry of his extended enlistment. |
No Change |
b) If he has secured at least one work of appropriate
magnitude during the extended one year, he shall be granted extension of one more year so
as to watch his performance. After this one year, when his performance report is
available, the same shall be evaluated and if found satisfactory, the enlistment shall be
revalidated for three year. |
b)
If he has secured at least one work of appropriate magnitude during the extended
one year, he shall be granted extension of one more year so as to watch his performance.
After this one year, when his performance report is available, the same shall be evaluated
and if found satisfactory, the enlistment shall be revalidated for two year. |
Other
Provision will remain unchanged
Sd/- 7/7/4
Superintending Engineer(C&M)
------------------------------------------------------------------------------------------------------------
NIRMAN BHAVAN,NEW
DELHI
DATED_18/8/04_______________
Subject: Performance Guarantee Time period for
submission.
Time allowed for submission of Performance Guarantee as provided in DGW/CON/174
dated 6.2.2003 is 15 days which can be
extended for further 7 days on request of contractor if the reason for delay stated by
contractor is to the satisfaction of Engineer-in-Charge.
The performance guarantee is acceptable in some of the forms like Cash, DD etc..
The period allowed for submission of Performance Guarantee appears too large for small works and urgent works. Considering the above and that a number of options are provided in respect of forms of acceptable guarantees, it has been decided that time allowed for submission of Performance Guarantee may be varied by NIT approving authority ranging from 4 days to 15 days and extensions, if required, from 3 days to 7 days. Accordingly date of start may also be varied, reckoning it after 7 to 22 days from the date of issue of letter of acceptance.
Sd/- 5/8/04
Superintending Engineer (C&M)
Issued from File No. CSQ/CM/C/37(02)/2004
--------------------------------------------------------------------------------------------
NIRMAN BHAVAN,NEW
DELHI
DATED_23/8/04_______________
Subject:
Revision of criteria for financial soundness (solvency limit) in
respect of Class I (Civil) category of contractors in CPWD.
Tendering limit in respect of Class I contractors has been raised from Rs.5 crore
to Rs. 10 crore vide O.M. No. DGW/CON/189 dated 22.4.2004 .
In continuation to O.M. dated 22.4.2004 and in partial modification of O.M. No.
DGW/CON/153 dated 26.3.2001 the criteria for financial soundness as laid down in Table I
of O.M. dated 26.3.2001 which is solvency certificate of Rs. 2 crore, is raised to Rs. 4
crore.
This order will be applicable to all the cases of enlistment/revalidation of Class
I, Civil category pending with CPWD as well as all new applications. All such applicants are advised to submit fresh
solvency certificate of Rs. 4 crore as per format prescribed in Enlistment Rule, 2001.
This
is pending modification of the Enlistment Rules,2001
Sd/- 20/8/4
Superintending
Engineer(C&M)
Issued from
file No. CSQ/CM/C/18(4)/2004
--------------------------------------------------------------------------------------------
NIRMAN BHAVAN,NEW DELHI
DATED_23/08/2004_________
Sub :
Concession to unemployed Engineers and
their societies in respect of award of works in CPWD.
In
continuation to this Directorate O.M. No. DGW/CON/177 dt. 26.3.2003 the concessions
admissible to unemployed Engineers and their societies have been extended upto 28.2.2006
by the Ministry of Urban Development & Poverty Alleviation in concurrence with its
Finance Division vide U.O. letter No. W/4/2001/VIP/M/DGW/Vol. II dt. 14.7.2004.
Sd/- 20/8/04
Superintending Engineer (C&M)
Issued from
file No. CSQ/SE/CM/Unemployed Engineers/2004
--------------------------------------------------------------------------------------------
NIRMAN BHAVAN,NEW DELHI
DATED 25/8/2004__________
Sub : Amendment
to Clause 10 CC of General Conditions of Contract for CPWD Works
In partial modification of DGW/CON/174 dt. 6.2.2003, clause 10CC of the General
Conditions of Contract for CPWD works is amended as under :-
Clause |
Page |
Para |
Existing |
Amended Version |
10CC |
28 |
IV(C) |
Adjustment for component of materials |
Adjustment for civil component (except cement and steel)/electrical component of
construction materials |
|
28 |
IV(C) |
MI : All India Wholesale Price Index for construction material for the period under
consideration as published by the Economic Advisor to Govt. of India, Ministry of Industry
& Commerce. |
MI : All India Wholesale Price
Index for civil component/ electrical component *
of construction
material as worked out on the basis of All India
Wholesale Price Index for Individual Commodities/Group Items for the period under
consideration as published by the Economic Advisor to Govt. of India, Ministry of Industry
& Commerce and applying weightages to the .Individual Commodities/Group Items. |
|
29 |
IV(C) |
MIo : All India Wholesale Price Index for Construction material valid on the last
stipulated date of receipt of tender including extension, if any as published by the
Economic Advisor to Govt. of India, Ministry of Industry & Commerce. |
MIo : All India Wholesale Price Index for civil component/ electrical component * of
Construction material as worked out on the basis
of All India Wholesale Price Index for Individual Commodities/Group Items valid on the
last stipulated date of receipt of tender including extension, if any, as published by the
Economic Advisor to Govt. of India, Ministry of Industry & Commerce and
applying weightages to the .Individual
Commodities/Group Items. |
|
28 |
IV(B) |
SI: All India Wholesale
Price Index for steel (bar & rods) for the period under consideration as published by Ministry of Industrial Development, Govt. of India,
New Delhi. |
SI: All
India Wholesale Price Index for steel (bar & rods) for the period under consideration
as published by Economic Advisor to the Govt. of
India, Ministry of Industry & Commerce. However,
the Price Index shall be limited to (a)
for the month when the last consignment of steel reinforcement for the work is
procured or (b)
for the month in which half of the
stipulated contract period is over which ever of these two is earlier. |
* appropriate component be kept by NIT
approving authority.
Sd/- 20/8/4
Superintending Engineer (C&M)
Issued from File No. CSQ/CM/C/37(6)/2004
------------------------------------------------------------------------------------------------------------
NIRMAN BHAVAN,NEW
DELHI
DATED_2/9/04_______________
Subject: Payment due to
change in prices of cement and/or steel reinforcement bars in CPWD contracts where Clause
10CC is not applicable.
Escalation under Clause 10CC of General
Conditions of Contract (GCC) is not payable for a work for which stipulated period of
completion is 18 months or less. This was
discussed in the meeting of Technical Board on 23.6.04 and it was decided that escalation
in such cases be made payable in respect of reinforcement steel bars and/or cement only. Accordingly, a new Clause 10CA as per Annexure to
this office memorandum, is introduced which will be applicable for cement and/or steel
reinforcement bars only where as Clause 10C (amended vide DGW/CON/174) will be applicable
for other components.
Further Clause 10CC of GCC (in continuation to partial amendment issued vide
DGW/CON/174) is partially amended as follows:-
Existing
|
Modified |
||
Payment due to increase/ decrease in prices/ Wages after receipt of tender for works (Time period more than 18 months) |
If the prices of materials (not being materials supplied or services rendered at
fixed prices by the Department in accordance with Clauses 10 & 34 thereof) and/or
wages of labour required for execution of the work increase, the contractor shall be
compensated for such increase as per provisions detailed below and the amount of the
contract shall accordingly be varied, subject to the condition that such compensation for
escalation in prices shall be available only for the work done during the stipulated
period of the contract. No escalation shall be paid for work executed in extended contract
period even if extension of time is granted without any action under Clause 2 and also no
such compensation shall be payable for a work for which the stipulated period of
completion is 18 months or less. Such compensation
. . viii)In the event
. mutandis apply, provided that: a) No such adjustment for the decrease in the price of materials and/or wages of
labour aforementioned would be made in case of contracts in which the stipulated period of
completion of the work is eighteen months or less. . . . ix) Provided always that the provision of the preceding Clause 10C shall not be
applicable for contracts where provisions of this clause are applicable but in cases where
provisions of this clause are not applicable, the provisions of Clause 10C will become
applicable. |
Payment due to
increase/ decrease in
prices/ Wages after
receipt of tender for works |
If the prices of materials (not being materials supplied or services rendered at
fixed prices by the Department in accordance with Clauses 10 & 34 thereof) and/or
wages of labour required for execution of the work increase, the contractor shall be
compensated for such increase as per provisions detailed below and the amount of the
contract shall accordingly be varied, subject to the condition that such compensation for
escalation in prices shall be available only for the work done during the stipulated
period of the contract. No escalation shall be paid for work executed in extended contract
period even if extension of time is granted without any action under Clause 2 and also no
such compensation shall be payable for a work for which the stipulated period of
completion is as specified in Schedule F.
Such compensation
.. . . . viii)In the event
. mutandis apply, provided that: a) No such adjustment for the decrease in the price of materials and/or wages of
labour aforementioned would be made in case of contracts in which the stipulated period of
completion of the work is as specified in Schedule
F.
.
.
. ix) Provided always that the provision of the preceding Clause 10C and 10CA shall not be applicable for contracts
where provisions of this clause are applicable but in cases where provisions of this
clause are not applicable, the provisions of Clause 10C and 10CA will become applicable. |
Following items are added in Schedule
F in respect of applicability of Clause 10CC.
This be inserted in Schedule F between Clause 7 and Clause 11
as following:-
Existing |
Modified |
||
Clause 7 - Gross work to
.. interim payment. |
------ |
Clause 7 - Gross work
to
... interim payment. |
------ |
No provision |
|
Clause 10CC
Clause 10CC to be applicable in contracts with stipulated period of completion
exceeding the period shown in the next column. |
18 months |
Clause 11 Specifications to be followed for execution of work. |
------ |
Clause 11 Specifications to be
followed for execution of work. |
-------- |
Sd/- 2/9/4
Superintending Engineer (C&M)
Issued from file No. CSQ/CM/37(6)/2004
DGW/CON/ 199
dt 2/9/04
Payment due to increase/ decrease in prices of cement and steel reinforcement bars after receipt of tender |
CLAUSE 10CA
If after submission of the tender, the
price of cement and/or steel reinforcement bars incorporated in the works (not being a
material supplied from the Engineer-in-Charges stores in accordance with Clause 10
thereof ) increase and such increase in the price prevailing at the time of the last
stipulated date for receipt of tenders including extension, if any for the work, then the
amount of the contract shall accordingly be varied and provided further that any such
increase shall not be payable if such increase has become operative after the stipulated
date of completion of work in question.
If after submission of the tender, the prices of cement and/or steel reinforcement bars incorporated in the works (not being a material stipulated from the Engineer-in-Charges stores in accordance with the Clause 10 thereof ) is decreased, Government shall in respect of these materials incorporated in the works (not being materials supplied from the Engineer-in-Charges stores in accordance with Clause 10 thereof) be entitled to deduct from the dues of the contractor such amount as shall be equivalent to the difference between the prices of cement and/or steel reinforcement bars as prevailed at the time of last stipulated date for receipt of tenders including extensions if any for the work and the prices of these materials on the coming into force of such base price of cement and/or steel reinforcement bars issued under authority of Director General (Works) CPWD. The increase/decrease in prices shall be determined by the All India Wholesale Price Indices for Cement and Steel (bars and rods) as published by Economic Adviser to Government of India, Ministry of Commerce and Industry and base price for cement and/or steel reinforcement bars as issued under authority of Director General (Works), CPWD as valid on the last stipulated date of receipt of tender, including extension if any and for the period under consideration. The amount of the contract shall accordingly be varied for cement and/or steel reinforcement bars and will be worked out as per the formula given below: a)Adjustment for component of cement Vc = Pc x Qc x CI CIo CIo Where, Vc: Variation in cement cost i.e. increase or decrease in the amount in rupees to be paid or recovered.
Pc : Base price of cement as issued under authority of DG(W), CPWD valid at the time of the last stipulated date of receipt of tender including
extensions, if any. Qc: Quantity of
cement used in the works since previous
bill. CIo : All India whole sale price index for cement as Published by the Economic Advisor to Government of India, Ministry of Industry and Commerce as valid on the last stipulated date of receipt of
tenders including extensions, if any. CI : All India whole sale price Index for cement for period under consideration as published by Economic advisor to Government of India, Ministry of Industry and Commerce. (b) Adjustment for component of Steel. Vs
= Ps x Qs x SI SIo SIo Where,
|
Provided always that provision of the proceeding clause 10C shall not be applicable in respect of cement and/or steel reinforcement bars.
ISSUED
BY AUTHORITY OF DIRECTOR GENERAL OF WORKS
NIRMAN BHAVAN,NEW
DELHI
DATED_3/9/04_______________
Sub : Incentive for early completion in CPWD Contracts.
Attention is invited on Clause 2A of
General Conditions of Contract (GCC) circulated
vide O.M. No. DGW/CON/174 dt. 6.2.2003. The O.M. dt. 6.2.2003 does not indicate estimated
cost of work for which this clause, related to incentive for early completion, can be stipulated.
It has been decided that clause 2A of GCC,
circulated vide O.M. DGW/CON/174 dt. 6.2.2003, be provided in NITs where estimated cost
put to tender is more than Rs. 1.0 crore. The
technical sanctioning authority, nevertheless, may provide this clause in other NITs also
at his discretion where estimated cost
put to tender is less than Rs. 1.0 crore but its stipulation is in interest of work.
Accordingly, following be added below Clause 2A of GCC
Provided always that provision of the Clause 2A shall be applicable only
when so provided in Schedule F |
In addition, following be added below Clause 2 in Schedule F.
Clause 2A Whether Clause 2A shall
be applicable
Yes/No |
The technical sanctioning/NIT approving authority however giving their decision
in Clause 2A - Schedule F above, need to consider the advantages arising out of early completion of the contract vis-ΰ-vis
overall completion of the project and the bonus payable and take appropriate decision of
incorporating bonus clause.
Sd/-3/9/04
Superintending Engineer (C&M)
Issued from file No. CSQ/CM/C/37(03)/2004
NIRMAN
BHAVAN,NEW DELHI
DATED_8.9.04_________
Sub :
Performance Guarantee Time period for submission.
Attention is drawn on Clause 1 related
with provision of Performance Guarantee notified vide O.M. No. DGW/CON/174 dt. 6.2.2003
and its amendment issued vide O.M. No. DGW/CON/188 dt. 25.2.2004. These O.M. provides for 15 days (further extendable by 7 days) for submission of
Performance Guarantee. Vide O.M. No. DGW/CON/195 dt. 16.8.2004, variation
in period of submission of Performance Guarantee has been permitted. Accordingly following changes in General
conditions of Contract and schedule F be made :-
A)
Modification in General Conditions of Contract.
Clause |
Para/Line |
Existing Provision |
Modified Provision |
1 |
i) Line 7 on page 1 of DGW/CON/ 174 and line 19 page 2 of DGW/ CON/188 |
within 15 days of
issue of letter of acceptance |
. within period
specified in schedule F from the date of issue of letter of acceptance
|
|
Line 8 of page 1 of DGW/CON/ 174 |
. This period can
be further extended by Engineer in Charge upto a maximum period of 7 days on written
request of the
. |
. This period can
be further extended by Engineer in Charge upto a maximum period as specified in Schedule F on written request of the
. |
B)
Addition in Schedule F :-
Following be added above Clause
2 in schedule F
Clause 1 |
|
i) Time allowed for submission of
Performance Guarantee from the date of issue of letter of acceptance, in days |
---------------------------Days |
ii) Maximum allowable extension beyond the period as provided in i) above, in
days |
---------------------------Days |
Sd/-
6.9.04
Superintending
Engineer (C&M)
Issued from file No. CSQ/CM/C/37(2)/2004
..
NIRMAN BHAVAN,NEW DELHI
DATED10.9.04__________
Sub
:
Conditions for cement in CPWD contracts where cement is to be procured by
contractor.
Attention is drawn on condition for cement provided in DGW/CON/117 dt. 4.2.98. The condition is partially modified as under: -
Existing |
Modified |
Contractor shall procure 33 grade
(conforming to IS 269) or 43 grade (conforming to IS: 8112) ordinary Portland cement, as required in the work, from reputed
manufacturer of cement, having a production capacity of one million tonnes per annum or more, such as ACC, L&T, J.P.
Rewa, Vikram, Shri Cement, Birla Jute and Cement Corporation of India etc. as approved by Ministry of Industry, Govt. of
India and holding licence to use ISI certification mark for their product whose name shall be got approved from
Engineer-in-Charge. Supply of cement
. |
The contractor shall procure 33 grade (conforming to IS 269) or 43 grade
(conforming to IS 8112) ordinary Portland cement as required
in the work, from reputed manufacturers of cement, having a production capacity of one
million tonnes or more, such as ACC, L&T, J.P. Rewa, Vikram, Shri Cement, Birla Jute
and cement corporation of India etc. i.e. agencies
approved by Ministry of Industry, Govt. of India and holding license to use ISI
certification mark for their product. The
tenderers may also submit a list of names of cement manufacturers which they propose to
use in the work. The tender accepting
authority reserves right to accept or reject name(s) of cement manufacture(s) which the
tenderer proposes to use in the work. No
change in the tendered rates will be accepted if the tender accepting authority does not
accept the list of cement manufacturers, given by the tenderer, fully or partially. Supply of cement
|
Chief Engineers of Zones are to change
the brand in the condition for Cement depending upon availability in local market, if
needed. Instructions in this respect can be
issued by them at regular intervals.
The name of cement manufacturers should
be finalized after taking into consideration the suggestions of contractors during a pre
bid meeting.
For smaller value works, where pre bid meeting is not
necessary, the NIT approving authority shall have to specify the approved names.
Similar conditions for cement of other
types like slag cement etc. may be incorporated wherever required by the NIT approving
authority by providing for relavant BIS
Codes, suitable brands of cement and
technical circulars issued by the department.
Sd/-8.9.04
Superintending
Engineer (C&M)
Issued
from file No. CSQ/CM/29(4)/2004
.
NIRMAN BHAVAN,NEW
DELHI
DATED_30/9/04_______________
Subject: Mode of deposit of earnest money.
Attention is drawn on Para 19.3 of Works Manual 2003 wherein different acceptable forms of earnest money have been indicated. It has been decided that the earnest money may be accepted in the form of bank guarantee also as per provision given below.
In continuation to DGW/CON/193 dated 29.6.04, following modification in form CPWD 6
is made.
Form, Para, page |
Existing provision (as per DGW/CON/193 |
Modified provision |
CPWD 6, Para 5, IInd part, page 4 |
ii) Earnest money of Rs
.in
..cash/Receipt treasury
challan/deposit at call receipt of schedule bank/fixed deposit receipt of scheduled
bank/Demand Draft of the scheduled bank issued in favour of
|
ii) Earnest money of Rs
..in cash (upto Rs.10,000/-)/Receipt Treasury
challan/deposit at call receipt of scheduled bank/fixed deposit receipt of scheduled
bank/Demand Draft of scheduled bank issued in favour of
. When amount of earnest money is more than Rs5 lakh,
part of earnest money is acceptable in the form of bank guarantee also. In such case,
minimum 50% of earnest money (but not less Rs5 lakh) or Rs 25 lakh, whichever is less,
will have to be deposited in shape prescribed above. For balance amount of earnest money,
bank guarantee will also be acceptable. |
Accordingly, corresponding provisions of Works Manual 2003 also stand
modified.
Sd dtd 28/9/04
Superintending Engineer (C&M)
Issued from file No. CSQ/CM/C/37(1)/2004
.
NIRMAN
BHAVAN,NEW DELHI
DATED_
2/11/04_________________
Subject:
Payment due to change in prices in CPWD contracts.
Attention
is drawn on O.M. # DGW/CON/199 dated 2.9.04. The
O.M. is partially amended as following:
As per DGW/CON/199 |
Amended provision |
No escalation shall be paid for work executed in extended contract period even if extension of time is granted without any action under Clause 2 and also no such compensation shall be payable for a work for which the stipulated period of completion is as specified in Schedule F. Such compensation .. . . viii)In the event . mutandis apply, provided that: a) No such adjustment for the decrease in the price of materials and/or wages of labour aforementioned would be made in case of contracts in which the stipulated period of completion of the work is as specified in Schedule F. . --------------------------------------------------------------------------- Annexture To OM#DGW/CON/ 199 dt 2/9/04 . CLAUSE 10CA
If after submission of the tender, the price of cement and/or steel reinforcement bars incorporated in the works (not being a material supplied from the Engineer-in-Charges stores in accordance with Clause 10 thereof ) increase and such increase in the price prevailing at the time of the last stipulated date for receipt of tenders including extension, if any for the work, then the amount of the contract shall accordingly be varied and provided further that any such increase shall not be payable if such increase has become operative after the stipulated date of completion of work in question. .. |
No escalation shall be paid for work executed in extended contract period even if extension of time is granted without any action under Clause 2 and also no such compensation shall be payable for a work for which the stipulated period of completion is equal to or less than the time as specified in Schedule F. Such compensation .. . . viii)In the event . mutandis apply, provided that: a)No such adjustment for the decrease in the price of materials and/or wages of labour aforementioned would be made in case of contracts in which the stipulated period of completion of the work is equal to or less than the time as specified in Schedule F. . . . ---------------------------------------------------------------- CLAUSE 10CA
If after submission of the tender, the
price of cement and/or steel reinforcement bars incorporated in the works (not being a
material supplied from the Engineer-in-Charges stores in accordance with Clause 10
thereof) increase(s) beyond the price(s) prevailing at the time of the last stipulated
date for receipt of tenders(including
extension, if any )for the work then the
amount of the contract shall accordingly be varied and provided further that any such
increase shall not be payable if such increase has become operative after the stipulated
date of completion of work in question.
|
Sd/- 28.10.4
Issued from file No. CSQ/CM/37(6)/2004
Copy forwarded as per mailing list attached Superintending Engineer (C&M)
.
NIRMAN
BHAVAN,NEW DELHI
DATED____19/11/04__________
Subject: Amendment to Clause 10CC of
General Conditions of contract for CPWD Works
- Agreements drawn on the basis of DGW/CON/174.
Attention is invited to DGW/CON/174 dated 6.2.03 and DGW/CON/198 dated 25.8.04.
As per DGW/CON/174, in respect of adjustment for component of materials, All India Wholesale price Index for construction materials forms basis for payment of escalation. Since All India Wholesale Price Index for construction materials is not issued by the Economic Advisor, related provisions were modified vide DGW/CON/198 by substituting All India Wholesale Price Index for construction materials with All India Wholesale Price Index for Civil component/Electrical component of construction materials related indices for which ,as per DGW/CON/198, are to be worked out on the basis of All India Wholesale Price Index for individual commodities/group items by applying weightages to the individual commodities/group items.
Agreements, however, have been drawn with provision for All India Wholesale Price Index for construction materials issued by the Economic Advisor to the Govt. of India, Ministry of Commerce & Industry, on the basis of DGW/CON/174 after issue of this memorandum. As the related indices are not issued by the Economic Advisor to the Govt. of India, Ministry of Commerce & Industry, the same could not be issued by this Directorate also.
In order to make such agreements operative, in terms of powers delegated to DG (W), CPWD, as per DGW/MAN/75 dated 27.9.01, to modify contract conditions, DG (W), CPWD is pleased to decide that such contracts which have been drawn on the basis of DGW/CON/174 dated 6.2.03 in respect of adjustment for component of materials under Clause 10CC, be modified as per amended version issued vide O.M. NO. DGW/CON/198 dated 25.8.04.
Sd/ 18/11/04
Superintending Engineer (C&M)
Issued from file No.CSQ/CM/C/37(6)/2004
NIRMAN
BHAVAN,NEW DELHI
DATED_
1 /12 /04_________________
Subject: Supply
of electrical fittings and fans along with other items as part of work
Contract.
While reviewing Rules of Enlistment of contractors in CPWD 2001, in respect of Class I Electrical category, the Review Committee comprising all electrical Chief Engineers of Delhi and other members of the Committee, in its meeting held on 25.10.2004 under chairmanship of ADG (TD), recommended that in tenders for electrical works beyond Rs.15 lakh, the supply of electrical fittings and fans along with other items shall be part of the tender. This was approved by DG (W) CPWD.
Accepting above recommendation, DG (W) CPWD is pleased to decide that in electrical
works costing beyond Rs.15 lakh, the supply of all electrical fittings, cables/conduits
and fans etc. along with other items shall be part of the tender and no departmental
supply need be stipulated.
Sd/ 30/11/04
Superintending Engineer (C&M)
Superintending
Engineer (C&M)
Issued from file No.CSQ/CM/C/30(18)/2004
& file No. CSQ/CM/C/18(4)/2004
Copy forwarded as per mailing list attached
--------------------------------------------------------------------------------------------------------------------------------
NIRMAN BHAVAN,NEW DELHI
DATED_ 8 /12 /04_
Subject: Amendment
to GCC 2003 - Purchase preference for products & services of
Central Public Sector Enterprises applicable upto 31.3.2005.
Copy of O.M. No. DPE/13(12)/2003-Fin dt. 26.10.2004 of Government of India, Ministry of Heavy Industries and Public Enterprises, Department of Public Enterprises is enclosed for information and guidance in so far as it relates to the contracts awarded in CPWD.
In consonance with the Government instructions in the above O.M., in case of all
tenders/quotations to be received in CPWD after issue of this O.M. and upto 31.3.2005 for
purchases and services for Rs. Five crore and above, the following clause may be
incorporated in the NITs/Agreements.
Amendment to condition No. 10 of Form
CPWD 6
The competent authority on behalf of the President of India does not bind
itself to accept the lowest or any other tender and reserves to itself the authority to
reject any or all the tenders received without the assignment of any reason. All tenders in which any of the prescribed
condition is not fulfilled or any condition including that of conditional rebate is put
forth by the tenderer shall be summarily rejected.
The competent authority also reserves its right to allow to the Central Government
Public Sector Enterprises, Joint venture with CPSE holding 51% equity or more, a purchase
preference with reference to the lowest valid price bid, where the quoted price is within
10% of such lowest price in a tender, other things being equal, in case of
tenders/quotations whose date of receipt is upto 31.3.2005, subject to the estimated cost
being of Rs. Five crore and above.
The Public Enterprises who avail benefit of the purchase preference would be
subjected to adequate penalties for cost over runs etc.
For tenders for estimated cost more than Rs.5 crore, which have been invited prior
to issue of this O.M. but have not been decided otherwise till date, the contents of this
O.M. shall also be applicable.
This supercedes O.M. Nos. DGW/CON/121 dt. 18.5.98, DGW/CON/130dt 18/5/99 and
amendment to condition No10 of CPWD-6 issued vide O.M.No DGW/CON/146 dt. 13.11.2000,
DGW/CON/161 dt. 23.10.2001 and DGW/CON/167 dated 12.8.2002
Encl: O.M.
No. DPE/13(12)/2003-Fin. Dt. 26.10.2004
Sd/ dt 6/12/04
Superintending
Engineer (C&M)
Issued from
file No. CSQ/SE(C&M)/32/5/99