CPWD CON CIRCULARS

DGW/CON/1-TO-190

DGW/CON /1 DGW/CON /2 DGW/CON /3 DGW/CON /4 DGW/CON /5
DGW/CON /6 DGW/CON /7 DGW/CON /8 DGW/CON /9 DGW/CON /10
 * DGW/CON /11 DGW/CON /12 DGW/CON /13 DGW/CON /14 DGW/CON /15
DGW/CON /16 DGW/CON /17 DGW/CON /18 DGW/CON /19 DGW/CON /20
DGW/CON /21 DGW/CON /22 DGW/CON /23   * DGW/CON /24 DGW/CON /25
DGW/CON /26 DGW/CON /27 DGW/CON /28 DGW/CON /29 DGW/CON /30
DGW/CON /31 DGW/CON /32 DGW/CON /33 DGW/CON /34 DGW/CON /35
DGW/CON /36 DGW/CON /37 DGW/CON /38 DGW/CON /39 DGW/CON /40
DGW/CON /41 DGW/CON /42 DGW/CON /43 DGW/CON /44 DGW/CON /45
DGW/CON /46 DGW/CON /47 DGW/CON /48 DGW/CON /49 DGW/CON /50
DGW/CON /51 DGW/CON /52 DGW/CON /53 DGW/CON /54 DGW/CON /55
DGW/CON /56 DGW/CON /57 DGW/CON /58 DGW/CON /59 DGW/CON /60
DGW/CON /61 DGW/CON /62 DGW/CON /63 DGW/CON /64 DGW/CON /65
DGW/CON /66 DGW/CON /67 DGW/CON /68 DGW/CON /69 DGW/CON /70
DGW/CON /71 DGW/CON /72 DGW/CON /73 DGW/CON /74 DGW/CON /75
DGW/CON /76 DGW/CON /77 DGW/CON /78 DGW/CON /79 DGW/CON /80
DGW/CON /81 DGW/CON /82 DGW/CON /83 DGW/CON /84 DGW/CON /85
  * DGW/CON /86 DGW/CON /87 DGW/CON /88 DGW/CON /89 DGW/CON /90
DGW/CON /91 DGW/CON /92 DGW/CON /93 DGW/CON /94 DGW/CON /95
DGW/CON /96 DGW/CON /97 DGW/CON /98 DGW/CON /99 DGW/CON /100
DGW/CON /101 DGW/CON /102 DGW/CON /103 DGW/CON /104 DGW/CON /105
DGW/CON /106 DGW/CON /107 DGW/CON /108 DGW/CON /109 DGW/CON /110
DGW/CON /111 DGW/CON /112 DGW/CON /113 DGW/CON /114 DGW/CON /115
DGW/CON /116 DGW/CON /117 DGW/CON /118 DGW/CON /119 DGW/CON /120
DGW/CON /121 DGW/CON /122 DGW/CON /123 DGW/CON /124 DGW/CON /125
DGW/CON /126 DGW/CON /127 DGW/CON /128 DGW/CON /129 DGW/CON /130
DGW/CON /131 DGW/CON /132 DGW/CON /133 DGW/CON /134 DGW/CON /135
DGW/CON /136 DGW/CON /137 DGW/CON /138  DGW/CON /139 DGW/CON /140
DGW/CON /141 DGW/CON /142 DGW/CON /143 DGW/CON /144 DGW/CON /145
DGW/CON /146 DGW/CON /147 DGW/CON /148 DGW/CON /149 DGW/CON /150
DGW/CON /151 DGW/CON /152 DGW/CON /153 DGW/CON /154 DGW/CON /155
DGW/CON /156 DGW/CON /157 DGW/CON /158 DGW/CON /159 DGW/CON /160
DGW/CON /161 DGW/CON /162 DGW/CON /163 DGW/CON /164 DGW/CON /165
DGW/CON /166 DGW/CON /167 DGW/CON /168 DGW/CON /169 DGW/CON /170
DGW/CON/171 DGW/CON/172 DGW/CON/173 DGW/CON /174 DGW/CON /175
DGW/CON /176 DGW/CON /177 DGW/CON /178 DGW/CON /179 DGW/CON /180
DGW/CON /181 DGW/CON /182 DGW/CON /183 DGW/CON /184 DGW/CON /185
DGW/CON /186 DGW/CON /187 DGW/CON /188 DGW/CON /189 DGW/CON /190

DGW/CON/191-TO-200

DGW/CON /191 DGW/CON /192 DGW/CON /193 DGW/CON /194  DGW/CON /195
DGW/CON /196 DGW/CON /197 DGW/CON /198 DGW/CON /199 DGW/CON /200

DGW/CON/201-TO-241

DGW/CON /201 DGW/CON /202 DGW/CON /203 DGW/CON /204 DGW/CON/205
DGW/CON /206 DGW/CON/207 DGW/CON /208 DGW/CON /209 DGW/CON /210
DGW/CON /211 DGW/CON /212 DGW/CON /213 DGW/CON /214 DGW/CON /215
DGW/CON /216 DGW/CON /217 DGW/CON /218 DGW/CON /219 DGW/CON /220
DGW/CON /221 DGW/CON /222 DGW/CON /223 DGW/CON /224 DGW/CON /225
DGW/CON /226 DGW/CON /227 DGW/CON /228 DGW/CON /229 DGW/CON /230
DGW/CON /231-234 DGW/CON /235 DGW/CON /236 DGW/CON /237(Withdrawn & Replaced with 237A) DGW/CON /237A
DGW/CON /238 DGW/CON /239 DGW/CON /240 DGW/CON /241

 

Note :-  *  These circulars have not yet been issued.

 

 

 

 

No.DGW/CON /191

 

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/

 

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No.DGW/CON/192

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

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No.DGW/CON/193

NIRMAN BHAVAN,NEW DELHI                                           DATED  29.6.2004_

 

Sub:     Modification in Notice Inviting Tenders (CPWD-6) and in the General Conditions of Contract 2003 about depositing Earnest Money  along with  application for tender.
                        The matter of taking Earnest Money from the contractors alongwith the tender itself (instead of present system of depositing the same at the time of submission of tender)  was discussed in the Senior Officers conference held on 31.5.2004.  It was decided that  the stage for taking Earnest Money be altered  and it should be stipulated to be taken alongwith the application for tender. However, if the intending tenderers want to see the tender document before giving application (and Earnest Money), a few sets of tender should be made available in the division and register should be maintained with a designated official to obtain signatures of the intending tenderers as a proof of their having seen the schedule etc. Accordingly provision  of  Form  CPWD-6 and CPWD-7/8  regarding depositing the Earnest Money are   partially modified as under :- 

 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

 

 

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No.DGW/CON/194

 

NIRMAN BHAVAN,NEW DELHI                                  DATED  07/07/200_______  

  Subject:  Rules for Enlistment of Contractors in CPWD, 2001 – Reduction in period of Enlistment/Revalidation

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)

 

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No.DGW/CON /195

 

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

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No.DGW/CON /196

 

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                                                         

--------------------------------------------------------------------------------------------                                                      

No.DGW/CON/197

 

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

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No.DGW/CON/198

 

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

 

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No.DGW/CON /199

 

ISSUED BY AUTHORITY OF DIRECTOR GENERAL OF WORKS

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-Charge’s 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-Charge’s 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-Charge’s 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,                        
Vs:      Variation in cost of steel reinforcement bars i.e. increase or

   or     decrease in the amount in rupees to be paid or recovered.  

Ps :       Base price of steel reinforcement bars, as issued under authority of

             DG(W), CPWD at the time of  the last stipulated date of receipt of

             tender including extension, if any. 

Qs :      Quantity of steel paid either by way of secure advance or used in

            work since previous bill. (whichever is earlier) 

SIo :     All India Wholesale Price Index for steel (bars & rods) for the

             period under consideration as published by Economic Advisor to

            Govt. of India,  Ministry of Industrial and Commerce as valid on

             the last stipulated date of receipt of tender including extensions, if

             any. 

SI:       All India Wholesale Price Index for Steel (bars & rods) for the

           period under consideration as  published by Economic Advisor to

          Govt. of India, Ministry of Industry & Commerce.

Provided always that provision of the proceeding clause 10C shall not be applicable in respect of cement and/or steel reinforcement bars.

 

                                                                                                                                                                                                                ………………………………………………………………………………………………………

 

 

 

No.DGW/CON /200

 

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

………………………………………………………………………

No.DGW/CON/201 

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

……………………………………………………………………………..

No.DGW/CON/202

 

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

 

……………………………………………………………………………….

 

 

No.DGW/CON /203 

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

 

………………………………………………………………………………………………………….

 

 

 

No.DGW/CON/204

 

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-Charge’s 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-Charge’s 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)

 

……………………………………………………………………………………………………………….

 

No.DGW/CON/205 

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

 

                                                                                                                                                       

 

 

No.DGW/CON/206

 

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  

--------------------------------------------------------------------------------------------------------------------------------                            

 

 

 

No.DGW/CON/207

 

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