Professional Documents
Culture Documents
2017
YEAR: 2021
AR 17-93
PROFESSIONAL PRACTICE AND
ETHICS
SEMSETER IX
TENDER
• Definition ------------------------------------------------------------------------------------- 02
• Types of Tenders ---------------------------------------------------------------------------- 02
• Open and closed tenders -------------------------------------------------------------------- 04
• Conditions of tender ------------------------------------------------------------------------ 05
• Tender Notice -------------------------------------------------------------------------------- 05
• Tender documents --------------------------------------------------------------------------- 06
• Concept of EMD ---------------------------------------------------------------------------- 08
• Submission of tender ----------------------------------------------------------------------- 09
• Tender scrutiny ------------------------------------------------------------------------------ 11
• Tender analysis ------------------------------------------------------------------------------ 11
• Recommendations --------------------------------------------------------------------------- 11
• Work order ----------------------------------------------------------------------------------- 12
• E-tendering (advantages, procedure, conditions)---------------------------------------- 13
CONTRACT
• Definition ------------------------------------------------------------------------------------- 21
• Contract agreement - its necessity -------------------------------------------------------- 22
• Contents (Articles of Agreement, Terms and Conditions, Bills of Quantities and
specifications, Appendix) ------------------------------------------------------------------ 34
• Certification of Contractors Bills at various stages ------------------------------------- 39
▪ New trends in project formulation and different types of execution (BOT, DBOT,
BOLT, BOO, etc.),Execution of projects &The process (Expression of interest,
Request for Proposal, Mode of Evaluation of Bids, Award of work) ---------------- 40
• CONDITIONS OF TENDER
1. Rebate on prompt payment of
(a) Running bills
(b) Final bills and
(c) Settlement of rates for variation items
2. Validity of tenders
3. Secured advance on perishable items
4. Secured advance up to 90% in lieu of 75%
5. Steel to be measured and paid as per actual weight
6. Water and construction power to be made available
7. Composite work to be awarded and not in parts
8. Stipulated materials to be supplied in time or permitted to procure from market with
prior approval and cost difference to be reimbursed
• TENDER NOTICE
NIT (notice inviting tenders) should be clear, brief, and should contain the following salient
points. Besides the brief press notice, a detailed NIT is appended to contract documents.
1. Brief description of the work on perusal of items and contractor will decide whether
to tender for this work or not by considering type of work, value of work, time given
for completion, location, present work load on hand.
2. Estimated cost put to tender
3. Period completion of work
4. Earnest money deposit
5. Cost of tender documents
6. Eligibility criteria for tendering
7. Production of documents for obtaining blank tender documents
8. Last date for issue of blank tender forms
9. Place and period of issues of tender documents
10. Last date for receipt of tenders and places of submission
11. Date, time, and place of opening of tenders
12. Validity of tenders ….. days
The tender is treated as an offer to do the work for a certain amount of money (firm price), or
a certain amount of profit (cost reimbursement or cost plus). The tender, which is submitted
by the competing firms, is generally based on a bill of quantities, a bill of approximate
quantities or other specifications which enable the tenders to attain higher levels of accuracy,
the statement of work.
For specialised works and major works, owners convene a pre-bid conference at about half of
the bidding time given to tenderers. It is held to confirm both parties understanding of what is
required and what is offered. Bidders are expected to visit the site and study tender
documents prior to attending this conference. Bidders are given an opportunity to seek
clarification on scope, stipulation, constrains, time frame for completion and further
assistance required from owner, etc. All important provisions made in the tender documents
are explained to tenderers. If any change is considered necessary as a result of pre-bid
conference, it is made exclusively through issuance of corrigenda which becomes a part of
the tender document. The minutes of the pre-bid conference is circulated to all bidders who
have responded to tender invitation. The conference helps in the projection of realistic bids
by the tenderers. Since clarifications are given to bidders prior to submission of bids, bid
evaluation would be easy for the owner’s team. For best results, owner and his consultant
should be fully prepared and empowered to answer the questions raised by the bidders.
Bid rates
Before finalizing bid rates, contractor is required to visit the site, study tender documents and
to do market survey for assessing prevailing rates of required materials. In practice, factors
such as owner’s promptness in making payments and giving decisions will have a reflection
on bid rates. All bidders will work out bid rates considering market rates of materials, labour
and hire charges, contractor’s profits and overheads. Provisions are made for contingencies to
cover unforeseen items and slight increase in scope of work, etc.
BID RATE
OVERHEADS
CONTIGENCIES
Contractor’s Profit
It reflects rate of return on his investment. It is affected when work is delayed, claims are
disallowed and when escalation is more than that reimbursed by the owners. If overhead
increase, profit is reduced.it is generally a practice in private sector to provide for contractor’s
profit @ 25% of estimated cost put to tender. Out of this 25%, 10% is said to be contractor’s
profit and about 10% accounts for profit earmarked for sub-contractors and vendors. Thus it
leaves only 5% for overheads, which provision may be realistic for large value works. If the
scope of work is reduced such provision for overheads is not realistic since some fixed costs
may not be amenable for proportionate reduction.
Bidders may provide around 25% in their bid estimate while submitting their bids. However,
it depends on several other factors, viz. extent of competition, their work load on hand, etc.
Overheads
Overheads are defined as all administrative or executive costs incident to the management,
supervision or conduct of the capital outlay on project and are distinguished from operating
costs. These are general charges which cannot be charged upon as belonging exclusively to
any particular item or part of the work. Provision for overheads varies from one work to
another, as it is dependent on several factors. For major works lesser percentage provision
may be feasible. It is not realistic to specify any uniform percentage for overheads, they
include:
Provision of 5% for overheads may be realistic only for large value works. However, it would
be much more for smaller works.
• TENDER SCRUTINY
Increased Efficiency
• Shorten the procurement cycle when processes are automated with tender analysis,
allowing users to allocate resources and time for other critical issues.
• Automate the entire tendering lifecycle for procurement of goods and services starting
from creation of a purchase requisition through to the award of contract with strict
control.
• Streamline last minute tender changes.
• Faster response to questions and points of clarification during tender period.
• Remote office operation is made possible as all authorized parties can access Tender
Tailor via a secured channel. Cross border tendering process can be achieved.
• Better communications between departments, as the alerting system would remind
users about critical issues and tasks that have been completed by different teams,
minimizing human errors, as well as to route documents to appropriate parties or
alerts individuals of actions in the system.
• Single point of access for both vendors and purchasers to do business efficiently in a
convenient and user-friendly manner.
• Better access to procurement spending information and analytical reports
Reduced Cost
Improved Quality
1. Users can visualize the status on each tendering process by the comprehensive
progress tracking function, reducing time for keeping track of status.
2. Streamlined workflow is realized with faster tender and document submission; hence
improved information distribution is achieved.
3. Better integrity of goods, services, works and vendor information as a provision of
quality management of centralized repository facilitates instant access to both current
and historical tender information
4. Detailed purchase history for efficient negotiation with vendors
5. Real time updating, eliminate obsolete information
6. Improved audit trail increasing integrity and transparency of the tendering process
7. Improved quality of tender specification and supplier response
8. Provision of quality management information
9. Database of goods, services, works and contractors gets build up
10. Gives critical lead over the competitors
CONTRACT
• DEFINITION
The word contract is derived from the Latin word contractor meaning drawing together.
There are many definitions for the word ‘contract’. Some of them are given as follows:;
1. An agreement enforceable by law is a contract of the Indian Contract Act, 1872.
2. When two or more persons have a common intention communicated to each other to
create some obligation between them, there is said to be an agreement. An agreement
which is enforceable by law is a contract. (CPWD)
3. An agreement between two or more parties which is intended to be enforceable at law
and is constituted by acceptance by one party of an offer made by the other party to
do or abstain from doing the act. (Halsbury)
• CONTRACT AGREEMENT - ITS NECESSITY
Objective
The primary objective of contract management is completion of work entrusted to the
construction agency with least complications (ideally without any complication) within
specified time, within specified (approved cost) and conforming to specified quality without
loss of harmony among key participants.
A contract agreement is a really important document that will define your scope of work and
that will bind the owner to your services, including the payment terms. It is really important
to understand the scope of work specified in the contract agreement, complete the work as
scheduled, invoice per instructed to do so and finally it will be the tool used so to get paid.
COST + PERCENTAGE (%) OF TOTAL COST WITH OR WITHOUT A CEILING COST + FIXED FEE COST + INCENTIVE FEE
E. BOOT contract
With the liberalization and opening up of the economy, private sector is encouraged
to execute public works, own them, operate for a specific period and transfer the
same to public authority. The entrepreneur will recover his investment during the
period he owns and before the transfer of asset. This type of contract is adopted for
highway projects, airports, convention centres, IT parks, power plants and bridges.
Government avoids funding and allows a private person or a group to invest, build
and transfer the facility after recovering their investment. The government acts as a
facilitator in terms of legal issues, acquisition of land and enforcement of issues. This
type is desirable where the government itself is unable to raise huge resources to take
up such big projects. Further the government can also join with private companies or
consortia in the form of separate holding company specifically constituted for the
purpose. Build—own—operate—and transfer contracts adopted for infrastructure
projects (highways bridges, airports, water supply and sewerage projects) private
sector involves in these projects. Entrepreneur invests and maintains these structures
and collect toll for specific period based on approved tariff. Government acts as a
facilitator and provides and approvals. On expiry of contract period the facility is
transferred to government. Deletion and alterations would be necessary and it is to be
built into tender document. This is to facilitate release of interim payments.
DFBOOT Contract: It is similar to BOOT Contract except the entrepreneur will
also be responsible for the designing and financing of the project. Government's
responsibilities remain same as in BOOT contract described above.
Selection of consultants is based on the following criteria:
• Quality Based Selection (QBS): Adopted for highly specialized assignments
such as urban master plan and finance, etc., reforms. * Best Expert Advice
(feasibility and structural engineering in major projects such dams, etc.
Assignments which can substantially carried out in different ways
(management advice and sector in policy study).
• Selection under Fixed Budget (FBS): For simple and precisely defined
assignments.
• Selection on Basis of Least Cost (LCS): Adopted for Standard or routine
nature assignments (audits, design of non-complex engineering works)
• Selection Based on Consultant's qualifications (CQS): For small assignments
where evaluation of competitive proposal is not justified.
Consultants are paid on job basis, lump sum basis, on call basis, or on retainer ship
basis, depending on situation and considering several factors. This is a concession
contract. The project is based on the granting of a concession by the principal, usually a
Government to an entrepreneur (known as the concessionaire) who is responsible for
design, financing, construction, operating and maintaining the facility over a period of
F. Labour contract
In this the owner supplies all the materials and the contractor provides only, the
labour component, i.e. not just labour but also all plant and machinery required for
construction work. He is responsible for execution of the work. As contractor is not
responsible for materials; he may misuse and waste materials. This is a popular type
of contract as both materials and workmanship will be of high standard. Payments
are restricted to labour charges only. In case of extras too only labour charges need to
be paid. Problems relating to escalation, cost variation relating to materials will not
affect work progress. This contract at the tender stage can be based on cubic foot
construction for the entire construction project (excludes drainage, plumbing and
electric, AC works). It is suitable for all types of buildings, extension work
alterations and repair of works. Advantages include cost saving aspect, reduction in
disputes, effective supervision in use of materials and workmanship and use of
quality materials. The contractor is responsible for execution of work; Payments are
restricted to labour charges only. This contract at the tender stage can be based on
square meter/cubic meter of construction for the entire work. It is suitable for all
types of buildings, extension work, alterations and repair of works. Advantages
include cost saving aspect, reduction in disputes, effective supervision in use of
materials and good workmanship and use of quality materials.
G. Demolition contract
This involves demolition of existing building/ buildings completely and removal of
the debris safely away from the site. The contractor takes away all the materials that
are salvaged from building and pays for the same to the owner. For this contract, the
highest bidder is awarded the work. A specified depositing (EMD) needs to be made
by contractor which he will forfeit in case of non-completion of work for any reason,
e.g. non-carting away of materials from site completely. The owner can use the
deposit, for such purposes. The whole tendered amount needs to be collected from the
contractor before the commencement of work. Owner should not accept any part payment
as there is a chance of contractor abandoning the work in between. The contractor has
to take out insurance for accidents, compensation (to workers). Further permission to cut
the road for water, electricity supply drainage connections, etc., is to be obtained by
the contractor.
The contract should specify whether the demolition work is totally up to the ground of
the whole building or only a part. In such a case, part demolition should not affect the
structural strength of the rest of the building. Further, the contractor should make good
any damages to the existing part of the building if required. Also, the items the owner
wants to retain post demolition are to be clearly mentioned in tender and later in
contract, otherwise the same have to be purchased from contractor. A tenderer before
submitting the bid should inspect the building to assess the salvage value of items of
For this contract the highest bidder is awarded the work. Contractor shall deposit EMD
which will be forfeited in case of non-completion of entire work for any reasons (namely, non-
carting away of dismantled materials from site completely. The whole tendered amount
shall be collected from the contractor before commencement of the work. It is advisable
for contractor to take an insurance policy for accidents, damages, etc.
H. Other works
Works of nature: Piece work or days’ work cannot be strictly classified as contracts as
they do not involve security deposit or penalty; as they do not involve large sums of
money.
Piece work contracts are common with agencies, like CPWD/PWD or public sector
units. This involves splitting up of a large work of similar nature, e.g. canal work or
metro rail construction, etc., into smaller sections as packages and contracts are
awarded based on tenders (public) if the amount is substantial (to be decided by the
agencies like PWD for execution). In case of small works the concerned Chief
Engineer may be empowered to take decision (as per the agencies guidelines). This type of
execution works out well where large scale work of similar/repetitive work is present
and which needs to be completed fast, e.g. road work in large township projects or
services like electrical work or sanitary/water supply lines. Rates and items are fixed
and are paid after execution of work.
Piece work or days’ work cannot be strictly classified as contracts. They do not
involve security deposit or penalty as they do not involve large sums of money.
I. Day work
It is not a contract at all. But this method of execution is good for works of small
nature which cannot be measured or valued, e.g. decorative work, craftwork/artwork,
etc. Payment for the same includes cost of material and hire charges of machinery, labour
charges and contractor's profit. It does not involve tendering, security or earnest money
deposit, etc. It is the architect or engineer who has to decide and select the
individual or agency and commission the work. The clerk of works or (site engineer)
has to supervise the work and report to the architect or engineer. Wages paid to labourers
should conform to government guidelines. Any trade discounts allowed are to go to
the owner. If the main contractor has supplied materials, like cement or sand, the same are
to be deducted from the contractor's payment who is doing the day's work.
Day work's commencement and completion statement are to be certified by
the architect/engineer. Day work items are to be preferably avoided in design as
This method of execution is good for small works, which cannot be measured or valued
(e.g. decorative work, craftwork, artwork, etc.). Payment for the same shall be decided on
the basis of site observation along with reasonable profit.
J. Consultancy contract
Selection of consultants is based on the following criteria:
• Quality based Selection (QBS): Adopted for highly specialized assignments
such as urban master plan and finance, etc. reforms.
• Best Expert Advice: Feasibility and structural engineering in major projects
such as dams, etc.
• Assignments which can substantially carried out in different ways (management
advice and sector in policy study).
• Selection under Fixed Budget (FBS): For simple and precisely defined
assignments.
• Selection on Basis of Least Cost (LCS): Adopted for standard or routine
nature assignments (audits, design of non-complex engineering works).
• Selection Based on Consultant's qualification (CQS): For small assignments
where evaluation of competitive proposal is not justified.
Consultants are paid on-job basis, lump sum basis, on-call basis, or on-retainer ship
basis depending on situation and considering several factors.
SELECTION OF CONTRACTORS
It is recognized that the most important part of contract management is the selection of
contractor(s). Critical factors, such as quality, speed, economy and harmony are all dependent
on selection of a suitable contractor. Selection should also satisfy the principle of equity and
fair play. Contractor is selected by the owner through any one of the following processes after
conducting negotiations if required.
• Public tenders
• Pre-qualification
• Post-qualification
• Limited tenders
• Single Tender
• Nomination
Public Tenders
For government works, invariably public tenders are invited from registered contractors of
appropriate class. A stipulation is made in the tender notice regarding work experience,
Pre-qualification of Contractors
For major works, specialized works, and for works of multi-disciplinary involvement,
contractors are pre-qualified to ensure that competition is only among bidders who are
capable of executing the work. The basic requirement of pre-qualification is not the
selection of the best contractor, but to eliminate incompetent and insincere contractors. Pre-
qualification notice is published in newspapers with relevant details, such as name of work,
location, estimated cost, period allowed for completion, eligibility criteria of contractors,
etc. Contractors are pre-qualified on the basis of financial solvency, work experience,
quality of works executed, organization and plant and machinery possessed. It is a normal
practice to constitute a committee, to evaluate their suitability. The works are inspected for
quality and their present workload is also taken into account. Suitable weightages are
assigned for each of the criteria and the assessment is made accordingly. Suitable number of
contractors (not too small or too large) is pre-qualified. Thereafter, the tender notices are
sent to such pre-qualified contractors only. There will not be a press notice thereafter. Only
pre-qualified contractors are allowed to tender for the work. Further selection of contractors is
based on the processes after conducting negotiations.
Post Qualification
In this method, three cover systems are followed. Earnest Money Deposit receipt, Technical
bid and financial bid are submitted in separate covers. If the tenderer does not submit Earnest
Money Deposit in prescribed form acceptable to the client, there is no need to open other two
covers containing technical and financial bid. The technical bid containing all particulars
required to evaluate contractor's suitability except price is opened first and contractors are
post-qualified. Price bids of only such post-qualified contractors are opened and evaluated at a
later date or on the same day. Price bids of other contractors (not qualified) may be returned
or retained with the owner without opening. If two cover systems are followed, the first cover
contains Earnest Money Deposit receipt in approved form along with technical bid
particulars. The procedure for opening of price bid is same as above. EMD in approved form
is a pre-requisite for evaluation of technical bid.
Limited Tenders
In this method, tender notice is sent to some selected contractors of repute, and no press
notice is issued. The lowest tenderer may be called for negotiations. The number of
contractors in the select list is generally, not too small to avoid formation of a cartel. This
method is adopted in private sector in some cases as an alternative to other methods. For
government works, this method is restricted to emergency works only and the decision is
taken at the higher level of hierarchy.
In response to Notice Inviting Tenders (NIT), only one tender is received. Even after
liberalizing tender conditions, there is no response to secure additional tender. In such a
situation, single tender with approval of higher level of hierarchy is accepted. It is also
adopted for small value works or for works from manufacturer (specified brand) where choice
is not available in the market.
Nomination
Note:
❖ The host government: Normally, the government is the initiator of the infrastructure
project and decides if the BOT model is appropriate to meet its needs. In addition, the
political and economic circumstances are main factors for this decision. The
government provides normally support for the project in some form. (provision of the
land/ changed laws)
❖ The concessionaire: The project sponsors who act as concessionaire create a special
purpose entity which is capitalised through their financial contributions.
❖ Lending banks: Most BOT projects are funded to a big extent by commercial debt.
The bank will be expected to finance the project on "non-recourse" basis meaning that
it has recourse to the special purpose entity and all its assets for the repayment of the
debt.
❖ Other lenders: The special purpose entity might have other lenders such as national or
regional development banks.
❖ Parties to the project contracts: Because the special purpose entity has only limited
workforce, it will subcontract a third party to perform its obligations under the
concession agreement. Additionally, it has to assure that it has adequate supply
contracts in place for the supply of raw materials and other resources necessary for the
project.
A BOT Project (build operate transfer project) is typically used to develop a discrete asset
rather than a whole network and is generally entirely new or Greenfield in nature (although
refurbishment may be involved). In a BOT Project the project company or operator generally
obtains its revenues through a fee charged to the utility/ government rather than tariffs
charged to consumers. A number of projects are called concessions, such as toll road projects,
which are new build and have a number of similarities to BOTs.
In general, a project is financially viable for the private entity if the revenues generated by the
project cover its cost and provide sufficient return on investment. On the other hand, the
viability of the project for the host government depends on its efficiency in comparison with
the economics of financing the project with public funds. Even if the host government could
borrow money on better conditions than a private company could, other factors could offset
this particular advantage. For example, the expertise and efficiency that the private entity is
expected to bring as well as the risk transfer. Therefore, the private entity bears a substantial
part of the risk. These are some types of the most common risks involved:
BOOT (build–own–operate–transfer)
A BOOT structure differs from BOT in that the private entity owns the works. During the
concession period the private company owns and operates the facility with the prime goal to
recover the costs of investment and maintenance while trying to achieve higher margin on
SOURCE: PROFESSIONAL PRACTICE, K.G.KRISHNAMURTHY &
S.V.RAVINDRA Page 41
project. The specific characteristics of BOOT make it suitable for infrastructure projects like
highways, roads mass transit, railway transport and power generation and as such they have
political importance for the social welfare but are not attractive for other types of private
investments. BOOT & BOT are methods which find very extensive application in countries
which desire ownership transfer and operations including. Some advantages of BOOT
projects are:
BOO (build–own–operate)
In a BOO project ownership of the project remains usually with the project company for
example a mobile phone network. Therefore, the private company gets the benefits of any
residual value of the project. This framework is used when the physical life of the project
coincides with the concession period. A BOO scheme involves large amounts of finance and
long payback period. Some examples of BOO projects come from the water treatment plants.
This facilities run by private companies process raw water, provided by the public sector
entity, into filtered water, which is after returned to the public sector utility to deliver to the
customers.
BLT (build–lease–transfer)
Under BLT a private entity builds a complete project and leases it to the government. On this
way the control over the project is transferred from the project owner to a lessee. In other
words, the ownership remains by the shareholders but operation purposes are leased. After
the expiry of the leasing the ownership of the asset and the operational responsibility are
transferred to the government at a previously agreed price. For foreign investors taking into
account the country risk BLT provides good conditions because the project company
maintains the property rights while avoiding operational risk.
DBFO (design–build–finance–operate)
DBOT (design–build–operate–transfer)
This funding option is common when the client has no knowledge of what the project entails.
Hence theycontract the project to company to design, build, operate and then transfer.
Example of such project is refinery construction
DCMF (design–construct–manage–finance)
Some examples for the DCMF model are the prisons or the public hospitals. A private entity
is built to design, construct, manage, and finance a facility, based on the specifications of the
government. Project cash flows result from the government's payment for the rent of the
facility. In the case of the hospitals, the government has the ownership over the facility and
has the price and quality control. The same financial model could be applied on other projects
such as prisons. Therefore, this model could be interpreted as a mean to avoid new
indebtedness of public finance.
Note: Assignment