OFFICE MEMORANDUM No.DGW/MAN/221 ISSUED BY AUTHORITY OF DIRECTOR GENERAL OF WORKS NIRMAN BHAVAN, NEW DELHI DATED: 24.06.

2010

Sub : Modification in Appendix 19, 20, 30, 31, 33, Para 24 of Appendix 34 and in Para 53.7 of Section 53 of CPWD Works Manual 2007. During the brain storming session held at various Zonal Headquarters, there had been suggestions from many officers to modify the appendix 19, 20, 30, 31, 33, and Para 24 of Appendix 34 as there had been certain ambiguities in these Proforma w.r.t provisions of GCC. Therefore there is an urgent need to modify these Proforma in the line of GCC provisions. In addition to this, the advice of CVC conveyed vide Vigilance letter No. 13/18/M/151/PWDIII/2008-VSI dated 20.4.2010 to indicate the name of work of minor component in composite tender have also been included in Press Notice as per Appendix 19 & 20. Para 53.7 of Section 53 has been modified in reference to 4th meeting held on 2.12.2009 under the Chairmanship of DG (W), minutes issued vide letter No. 5/3/2009-S&D/336 dated 4.12.2009. In view of the above the following addition/modifications are being made in CPWD Works Manual 2007. Appendix 19 Specimen of Press Notice to be issued for work(s)/ composite work(s) have been modified and split in two parts as Appendix 19A & 19B. Appendix 19A - Specimen of Press Notice to be issued for publication in news papers. (Appended as Annexure - 1) Appendix 19B - Specimen Press Notice forming part of NIT and to be posted on website respectively. (Appended as Annexure - 2) Appendix 20 The Press Notice part for Invitation of Bid on two/three envelope system as per Appendix 20 have been modified. (appended as Annexure 3) It shall now be used to grant extension of time without compensation under clause 2 of the agreement under Para 28.9 of Section 28 The new Proforma for extension of time under clause 5 has been added. (Appended as Annexure 4) Proforma for intimating the contractor regarding compensation under clause 2 have been modified. (Appended as Annexure 5) Two new Proforma for show cause notice to be issued to the contractor regarding compensation under clause 2 have been added as Appendix 31A & 31B i) When work either is in progress or has been completed. (Appended as Annexure 6). ii) In case of contract is determined under clause 3. (Appended as Annexure 7).

Appendix 30

Appendix 30A

Appendix 31

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(Annexure under Section 32 with reference to Para 32.1.1 for draft specimen notice to show cause under clause 2 is deleted) Appendix 33 Notice on final action under clause 3 of the agreement have been modified. (Appended as Annexure 8)

Para 53.7 of Section 53 Quality Assurance and Technical Audit Wing, have been modified as under:Para No. Existing Provision 53.7 Modified Provision

Responsibilities of the construction staff Responsibilities of the construction staff, Executive Engineer and Superintending and Engineer-in-charge Engineer The broad responsibilities of the field staff The broad responsibilities of the field staff and the Engineer-in-charge will be as and the Engineer-in-charge & SE will be under: as under: (i) To ensure that materials duly approved by the competent authority are used in the work. (i) To ensure that materials duly approved by the competent authority are used in the work. Samples of various materials in repetitive type, important or big works within power of SE and above shall be approved by superintending Engineer concerned and for works up to the power of EE, the samples shall be approved by the Executive Engineer. Wherever necessary the Executive Engineer/SE shall approve the sources for respective materials. Samples of materials should be approved by the Executive Engineer/SE and signed by him and the contractor and preserved till the end of the project. Samples of various materials, fittings to be used shall be approved well in advance and displayed at sites of works with make and name of the manufacturer/supplier. As early as possible after award of work full-scale sample should be prepared for repetitive items. Such samples should be approved by the Executive Engineer/SE with regard to their specifications, execution, performance and aesthetics.

(ii) Wherever necessary the Executive Engineer shall approve the sources for respective materials. (iii) Samples of materials should be approved by the Executive Engineer and signed by him and the contractor and preserved till the end of the project. (iv) Samples of various materials, fittings to be used shall be approved well in advance and displayed at sites of works with make and name of the manufacturer/supplier. (v) As early as possible after award of work full-scale sample should be prepared for repetitive items. Such samples should be approved by the Executive Engineer with regard to their specifications, execution, performance and aesthetics.

(ii)

(iii)

(iv)

(v)

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Para 24 of Appendix 34 - Rules for Enlistment of Contractors in CPWD, 2005 has been modified as under: Appendi Definition of building work Items of Definition of Building and Civil Work: x 34 pre fabricated huts, false ceiling, (a) Building Work: Building work Para 24 compound walls, storm water drains, means complete work including all sewer lines, water supply lines, Road civil items such as RCC work/ brick Gully chamber and supply of SFRC covers or stone work/ wood work/ steel or if executed exclusively under separate aluminum work/ plaster work/ contract and not as part of main building flooring work/ water supply and contract shall be excluded from the sanitary installation / drainage work/ definition of building work. Further, water proofing work etc. following work(s) shall be considered for Exclusions : Items of pre enlistment / revalidation:fabricated huts, false ceiling, Enlistment in Civil, Electrical, Furniture & compound wall, storm water drain, Horticulture Categories:sewer lines, water supply lines, a) Class I, II Original works only Road side gully chamber and b) Class III, IV, V Original works supply & fixing of SFRC covers if including works of additions/ executed exclusively under alterations / renovations / up separate contract and not as part of gradations but not maintenance main building contract and work of works. industrial sheds shall be excluded from definition of building work. Revalidation in Civil, Electrical, Furniture & (b) Civil work: Any Civil work which Horticulture Categories:also includes works of additions/ a) Class I, II Original works as well alterations / renovations/ upas the works of additions/ gradations / and maintenance. alterations / renovations / up Exclusions: Maintenance work gradations but not maintenance does not include works of sweeping, works. care taking, watch & ward and the b) Class III, IV, V Original works, like. the works of additions/ alterations / renovations / up gradations as well as maintenance works (excluding Para 24.1 - Work experience for works of sweeping, cleaning, Enlistment and Revalidation Work Work scavenging, care taking, watch & Experience Experience ward and the like). for Enlistment for This shall be applicable to all cases for Revalidation which applications for enlistment / revalidation were received on or after 1.11.2006. This will also apply to all cases Civil I,II Building Work Building of enlistment/revalidation under Rules & and Civil Work Work or Civil 2001 and being processed under Para 3.3 III excluding Work of Enlistment Rules 2005. Maintenance excluding work ( as per Maintenance the provisions work of MAN/215 dt.10.5.10) IV Building Work Building &V or Civil Work Work or Civil Work Category Class

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I,II & III

IV

Internal or External Electrification work excluding Maintenance work (as the case may be) Internal or External Electrification work excluding Maintenance work (as the case may be)

I & Horticulture II Work excluding Maintenance work III Horticulture Work excluding Maintenance work

Internal or External Electrification work excluding Maintenance work Internal or External Electrification work including Maintenance work related with Internal/ External Electrification Horticulture Work excluding Maintenance work Any Horticulture Work including Maintenance work

Application received before issue of OM/MAN/196 dated 29.09.2009 shall be decided on the basis of provisions of Enlistment Rules as applicable before 29.09.2009.

Internal& External Electrical Installation Horticulture

Superintending Engineer (C&M) Issued from file no.CSQ/CM/M/16 (1)/2009 Copy to: 1. 2. All ADGs, CPWD, E-in-C, PWD, Delhi Govt. All CEs, CPWD, PWD Delhi Govt. They are requested to endorse a copy of this to all SEs & EEs with further directions that they should bring this change to the notice of all the concerned. Executive Engineer (II)

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Annexure - 1

APPENDIX - 19 A (Reference Para 16.1(6))

SPECIFMEN OF PRESS NOTICE TO BE ISSUED FOR PUBLICATION IN NEWS PAPERS

NOTICE INVITING TENDERS The Executive Engineer ............................. Division, CPWD .......................... invites on behalf of President of India sealed item rate/percentage rate / Lump Sum tenders on two / three envelope system for following work(s):1. NIT NO. ..............................Name of Work*............................, Estimated Cost** Rs. ............................ Earnest money............................, & time of completion ............................. 2. NIT NO. .............................. Name of Work*............................, Estimated Cost** Rs. ............................ Earnest money............................, & time of completion ............................. The tender forms and other details can be obtained from the O/o EE on payment of Rs. ......... The last date of receipt of application to purchase tender form will be ............................. up to .......... PM. Other detail/information can be seen on website ...................................

* Name of work should include details of minor components in case of composite tenders. ** Estimated cost of minor component should also be indicated. Note: (i) (ii) Notice Inviting Tender as published in newspapers shall form part of NIT/ Tender document sold to the contractors Combined advertisement to be issued for all the tenders by clubbing all the press notices issued on a particular day.

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Annexure - 2

APPENDIX - 19 B (Reference Para 16.1(6))

SPECIMEN PRESS NOTICE FORMING PART OF NIT AND TO BE POSTED ON WEBSITE The Executive Engineer ............................. Division, CPWD .......................... on behalf of President of India invites sealed Item rate/percentage rate tenders from approved and eligible contractors of CPWD and those of appropriate list of M.E.S., BSNL, Railway and .. State P.W.D. (B&R) or State Govt.s Department dealing with building and roads, if there is no State PWD (B&R), for the following work(s) (strike out as the case may be)
Earnest Money Time of Completion Time & date of submission & opening of tender Estimated cost put to tender S. No. NIT No. Name of work & Location Last date & time of

receipt of application

Sale of tender documents

The tender forms and other details can be obtained from the office of the EE on payment of Rs.......... *Conditions for Non-CPWD contractors only, if tenders are also open to non-CPWD contractors (For works estimated to cost up to Rs. 15 Crore) Tenders will be issued to eligible contractors provided they produce definite proof from the appropriate authority, which shall be to the satisfaction of the competent authority, of having satisfactorily completed similar works of magnitude specified below:-

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Estimated cost of minor component should also be indicated

3 Name of work should include details of minor components in case of composite tenders

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Three similar works each of value not less than Rs. ............... or two similar work each of value not less than Rs. ............... or one similar work of value not less than Rs. ............... in last 7 years ending last day of the month previous to the one in which the tenders are invited. *Conditions applicable to CPWD contractors only, if tenders are also open to non-CPWD contractors (For works estimated to cost up to Rs. 15 Crore) For works costing above Rs. 3 Crore but up to Rs. 15 Crore, when tenders are open to non-CPWD contractors also, then class II contractors of CPWD shall also be eligible if they satisfy the eligibility criteria specified for Non-CPWD Contractors. Earnest Money should be deposited along with the tender documents in separate envelop marked as Earnest Money in cash (up to Rs. 10,000/-) or 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 ................................... A part of earnest money is acceptable in the form of bank guarantee also. In such case, 50% of earnest money or Rs. 20 lakh, whichever is less, will have to be deposited in shape prescribed above, and balance in shape of Bank Guarantee. Both sealed envelopes(EMD and Tender document) marked as Earnest Money and Tender shall be submitted together in another sealed envelope superscripted with name of work and due date of opening. The envelope marked tender shall be opened whose Earnest Money, placed in the other envelope marked as Earnest Money is found to be in order.

Note:

Other conditions for composite tenders and any special condition as applicable may also be added and Press Notice may be modified suitably by NIT approving authority.

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Annexure 3

Appendix 20
Press Notice (Forming part of NIT/Tender document and to be posted on website) Central Public Works Department Invitation for Bid 1. The Executive Engineer ................................... on behalf of the President of India invites the bids from firms/contractors of repute in two/three envelope system for the following work: S. No. NIT No. Name of work Details of Minor components also to be indicted in case of composite tenders Estimated cost Details of estimated cost of minor components to be indicated in case of composite tenders Period completion of

2. Contractors who fulfil the following requirements shall be eligible to apply. Joint ventures are not accepted. (a) Should have satisfactorily completed the works as mentioned below during the last Seven years ending last day of the month...............:(i) Three similar works each costing not less than Rs. ......................., or two similar works each costing not less than Rs. .................... one similar work costing not less than Rs.................. and (ii) One work of any nature (either part of (i) above or a separate one) costing not less than Rs...............with some Central/State Government Department/Central Autonomous Body/ Central Public Sector Undertaking. Similar work shall mean works of .................................... The value of executed works shall be brought to current costing level by enhancing the actual value of work at simple rate of 7% per annum; calculated from the date of completion to last date of receipt of applications for tenders. (b) Should have had average annual financial turnover of Rs. ................................ on construction works during the last three years ending 31st March................................ (c) Should not have incurred any loss in more than two years during the last five years ending 31st March ................................ (d) Should have a solvency of Rs................................................ (Solvency not required if applicant is a class I(Civil) registered contractor of CPWD and estimated cost is up to Rs. 25 Crore)*

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3. Bid documents consisting of plans, specifications, the schedule of quantities of the various types of work to be done and the set of terms and conditions of contract to be complied with the contractor whose bid may be accepted and other necessary documents can be seen in the office of the............................between hours of 11.00 AM and 4.00 PM from..........................to ....................... every day except on Sunday and Public Holidays. Bid documents, excluding standard form will be issued from his office, during the hours specified above, on payment Rs........................ as cost of bid document. 4. Applicant has to deposit Earnest Money of Rs..................... in the form of Receipt/Treasury Challan/Deposit at call receipt of a schedule bank/fixed deposit receipt of a schedule bank/demand draft of a scheduled bank issued in favour of ............................ along with tender document. A part of Earnest money is acceptable in the form of Bank Guarantee also. In such case, 50% of earnest money or Rs. 20 lakh whichever is less will have to be deposited in shape prescribed above and balance in shape of Bank Guarantee. 5** Application supported by prescribed annexure and the financial bid shall be placed in separate sealed envelopes each marked " Eligibility Documents" and "Financial bid" respectively. Both the envelopes shall be submitted together in another sealed envelope. The bids will be received up to 3.00 PM on ..................................... The envelopes Marked "Eligibility Documents" shall be opened by the Executive Engineer or his authorized representative in his office on the same day at 3.30 PM. The time and date of opening of financial bid shall be communicated at a later date. (i) Pre Bid conference shall be held in the chamber of .............................. at ........................ on............ to clear the doubt of intending tenderers, if any. (ii) The department reserves the right to reject any prospective application without assigning any reason and to restrict the list of qualified contractors to any number deemed suitable by it, if too many bids are received satisfying the laid down criterion.

* To be struck off for works with estimated cost more than Rs. 25 Crore. ** Para 5 above be modified suitably for three envelope system. (Any other condition as decided by NIT approving authority may be added)

Executive Engineer ...............................

Note: Press notice inviting tenders shall be published in newspapers as per Appendix 19A.

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Annexure 4

APPENDIX 30A (Reference Para 28.8) PROFORMA FOR EXTENSION OF TIME UNDER CLAUSE 5

To (Name& Address of the contractor) . .

Sub : Extension of contract under clause 5 Agreement No:Name of Work:Stipulated / Extended date of completion:(Strike out whichever not applicable) Dear Sir (s), Reference your letter no. .. dated . submitting revised completion programme in connection with the grant of extension of time for completion of the above said work. After considering your request carefully, under the provision of clause 5 the date of completion for the above mentioned work as stipulated in the above said agreement is extended up to without prejudice to the right of the Government to recover compensation in accordance with the provision of Clause 2 and other clauses of the said agreement. Provided that notwithstanding the extension hereby granted, time is and shall still continue to be the essence of the said agreement.

Yours faithfully

Engineer-in-Charge For and on behalf of the President of India

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Annexure - 5

APPENDIX 31 (Reference Para 28.12) PROFORMA FOR INTIMATING THE CONTRACTOR REGARDING LEVY OF COMPENSATION UNDER CLAUSE 2

To (Name& Address of the contractor) . .

Subject: Intimation regarding levy of compensation under clause 2 Dear Sir (s), The date of completion for the above mentioned work was .. as stipulated in the agreement number ..for the work of Extension of time for completion of the above mentioned work was extended by the Engineerin-Charge vide his letter no. up to . under clause 5 of the said agreement without prejudice to the right of the Government to recover compensation in accordance with the provisions of Clause 2 of the said agreement. The work has finally been completed/determined (strike out whichever not applicable) on . You were issued show cause vide this office letter no.. to explain why compensation not be imposed upon you under the provisions of clause 2 of said agreement for delayed completion of the work. Your reply vide letter no. received in response to show cause has been considered carefully. (Reasons for not agreeing with hindrances as claimed by the contractor and total delay on part of contractor to be indicated in brief). After taking into consideration all the facts & circumstances I have come to the conclusion that you are solely responsible for delay of ...... months ...... days. In exercise of the powers conferred on me under Clause 2 of the agreement, I .. the Superintending Engineer decide and determine that you are liable to pay Rs as and by way of compensation as stipulated in Clause 2 of the agreement. The said amount of compensation is hereby levied on you for the period of and at the rate of . as determined by me on the tendered amount of the work shown in the agreement and you are hereby called upon to pay the same to the Government within .(here mention the period) failing which the said amount shall be adjusted or set-off against any sum payable to you under this or any other contract with the Government. Yours faithfully, (................................) Superintending Engineer

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Annexure - 6

Appendix 31A (Reference Para 32.1.1)

PROFORMA FOR SHOW CAUSE TO THE CONTRACTOR REGARDING COMPENSATION UNDER CLAUSE 2 To (Name& Address of the contractor) . .

Sub:

Show Cause for delayed completion/likely to be delayed completion of work ........................ under Agreement No . ..

Dear Sir (s), The date of completion for the above mentioned work was/is .. as stipulated in the agreement number for the work ...... Extensions of time for completion of the above mentioned work was extended by the Engineer-in-Charge vide his letter no. ............ up to . under clause 5 of the said agreement without prejudice to the right of the Government to recover compensation in accordance with the provisions of Clause 2 of the said agreement. The work entrusted to you under the agreement referred above could not/unlikely to be completed within stipulated/extended date of completion due to your wrongful delay or suspension of work or slow progress of work or because of reasons within your control. The work has finally been completed on /cannot be completed within stipulated/extended date of completion. Therefore, under the provisions of clause 2 of the above said agreement you have rendered yourself liable to pay compensation. Therefore, I, in exercise of the powers conferred on me by the aforesaid agreement, for and on behalf of the President of India, hereby give you show cause within . to my satisfaction that why compensation should not be imposed upon you under the provisions of clause 2 of said agreement for delayed/likely to be delayed completion of the work. Please note that in case no cause is shown by you within the stipulated period or the cause shown is not to my satisfaction, I shall take such actions against you as are contemplated under Clause 2 there under of the said agreement without further notice. Yours faithfully, (........................................) Superintending Engineer Note: Strike out whichever is not applicable. Notice may be modified suitably intending to impose compensation when tendered value of the item or group of items of work for which a separate period of completion is originally given.

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Annexure 7

Appendix 31B (Reference Para 32.1.1)

PROFORMA FOR SHOW CAUSE TO THE CONTRACTOR REGARDING COMPENSATION UNDER CLAUSE 2 (IN CASE OF CONTRACT IS DETERMINED UNDER CLAUSE3) To (Name& Address of the contractor) . .

Sub:

Show Cause against agreement No ................ for the work ................

Dear Sir (s), The date of completion for the above mentioned work was .. as stipulated in the agreement number for the work of Extension of time for completion of the above mentioned work was extended by the Engineerin-Charge vide his letter no. up to . under clause 5 of the said agreement without prejudice to the right of the Government to recover compensation in accordance with the provisions of Clause 2 of the said agreement. (Delete this Para if work was determined before stipulated date of completion) The work entrusted to you under the agreement referred above could not be completed within stipulated/extended (strike out whichever not applicable) date of completion and the work has been finally determined under clause 3 vide letter dated . Under the provisions of clause 2 of the above said agreement you have rendered yourself liable to pay compensation. Therefore, I, in exercise of the powers conferred on me by the aforesaid agreement, for and on behalf of the President of India, hereby give you notice to show cause within . to my satisfaction that why compensation should not be imposed upon you under the provisions of clause 2 of said agreement for your failure to complete the work by the stipulated date of completion/extended date of completion (strike out as the case may be). Please note that in case no cause is shown by you within the stipulated period or the cause shown is not to my satisfaction, I shall take such actions against you as are contemplated under Clause 2 of the said agreement without further notice.

Yours faithfully,

(........................................) Superintending Engineer

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Annexure - 8

APPENDIX 33
(Reference-Para 32.3.2)

NOTICE ON FINAL ACTION UNDER CLAUSE 3 OF THE AGREEMENT

To

(Name & Address of the contractor) . .

Sub: Name of work .. Agreement No. .

Dear Sir(s), Whereas under Clause 3 of the aforesaid agreement the Engineer-in-Charge shall have powers to take action under clause 3 in the event of delay or suspension in the execution of the aforesaid work by the contractor so that in the opinion of the Engineer-in-Charge (which shall be final and binding) the contractor will be unable to secure completion of the work by the stipulated/have already failed to complete the work by the extended* date of completion, whereas you have delayed/suspended the execution of the aforesaid work and as per the opinion of the undersigned, the Engineer-in-Charge (which is final and binding), you will be unable to secure completion of the work by the stipulated/have already failed to complete the work by the extended* date of completion and, and whereas you were served with show cause in this regard under this office no. . dated but no reply has been given by you so far / your reply vide letter no. received in response to show cause has been considered carefully but not found to the satisfaction of the Engineer-inCharge (Strike out whichever is not applicable, the arguments/facts claimed by the contractor be indicated in brief) or reply not received by the date. Therefore under powers delegated to me under sub-clause 3(a) & 3(b), I the Engineer-in-Charge for the aforesaid work under the aforesaid agreement, for and on behalf of the President of India, hereby (i) Determine the contract as aforesaid upon which determination your earnest money deposit, security deposit already recovered and Performance Guarantee stand absolutely forfeited to the Government and shall be absolutely at the disposal of Government, and (ii) Take out such part of the work out of your hand, as remains unexecuted, for giving it to another contractor to complete the work, and you shall have no claim to compensation for any loss sustained by you by reasons of your having purchased or procured any materials or entered into any engagements or made any advances on account of or with a view to the execution of the work or the performance of the contract. You are also hereby served with notice to the effect that the work executed by you will be measured up on for which you are asked to attend for joint measurement failing which the work will be measured by the department unilaterally in your absence and result of measurement will be final and will be binding on you. (iii) You shall not be allowed to participate in the tendering process for the balance work. This is without prejudice to Governments right to take action under any other clauses or sub-clauses of the agreement and to realize Government dues and losses and damages whatsoever under such clauses or subclauses. Yours faithfully,

Engineer-in-charge Executive Engineer .. Division For and on behalf of the President of India *Score out which is not applicable. Note: While determining the contract under any of the sub-clause (i) to (xi) of clause 3 for causes other than the causes as mentioned above (viz. wrongful delay or suspension of work or slow progress) suitable modifications may be made.

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