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0% found this document useful (0 votes)
1K views140 pagesAmendment To Manual On Contracts 2007 (Reprint 2012)
Uploaded by
Atul KumarCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
/ 140
=SMMenuall af /E8
ust'a’
ADG (OF & DRDO)
AMI NT TO MA
Dte of Contract Management
Engineer-in-Chief's Branch/E8
Integrated HQ of MOD (Army)
Kashmir House, Rajaji Marg
DHQ PO, New Delhi- 110 011
1. Please carry out amendmentsas under:-
ment Location
Page 4, Para 1.2
(1) Existing Note below (d) (viii) shall be
numbered as Note 1.
(2) Add Note 2 after Note 1 as under:-
Contractors enlisted in category (a) (i
can be considered for issue of tenders
Pertaining to PEB where tenders stipulate
approved manufacturers and /or having
MOU with them for supply by contractor.
2. This shall be applicable with immediate effect
3. Decision on above lines has been already given in few cases by this office.
4. No hard copy of them is being sent as letter is being put on MES website in
“General Information” tab.
Copy to: .
1 DGMAP
2. List 'B’ encl. DGNP (V) & DGNP (MB)
3. CCE (NEP)
4. CCE (COD)
5. CCE 1/2/3
Internal
Automation Cell/E-in-C's Branch:
(Prakash Makhijani)
lease upload this letter on “General
Thformation” tab of MES website immediately
as fio-hard copy is-beina sent to List 'A’/List 'B’.
) .
Dare hanes m Wow] se [Mach ly le a
NAY K — engineer" =
of MOD (ANN!
yntegratet
Kashmir House, RAI), Marg
HO PO, New DENN 110 044
é scqntractor/re0is@t0"
scontractor throu and receipt under \
Section T ~ DEPO ‘advances-Pat w- |
‘ \ “suspense “SU De \
re \ ne Public tof india” feguard |
\ Govt from 3 jgtion of |
\ Gov ests/realizatiON” \
\ lor: ES channel immediately tO avoid \
\ 0) Hee ‘ accumulation printerest.”
\ | Read ves channel after payment is mad
—_—— 4 SO
2, _ This shall Be applicable with mamediate effect
> No hard COPY of this is being gent as letter 'S eing put om mes website ~General
Taformation” t2>-
fas
Arash wakniian)
or (Contracts)
Copy toe for E-in?C
1, OGMAP
2, -List*B" tinct. panp (v) & OGNP «ney
3, CCE (NEP),
J 4, eee (COD)
5, cce 12/3
joterna! pm :
‘automation celyerin-c's Branch: please upload this letter on “Genera?
tnformation” tab 9 ES website immediate
as no hard copy ig being sent to List AList 8 — ‘ON MES WEB SITE
Tele 23015930 Dte of Contract Management
Military Engineer Services
Engineer-in-Chief's Branch
Integrated HQ of MOD (Army)
Kashmir House, Rajaji Marg
‘New Delhi-110 011
66546/Manual/: sb JE8 \\ Jan 2015
List ‘A’
ADG (OF & DRDO) .
Secunderabad
AMENDMENT TO MANUAL ON CONTRACTS, 2007 (REPRINT 2012)
4. Please carry out amendments as under.-
‘Amendment | Location ‘Amendment |
No | | —
| 3, [Page 25, Para|For “enlisting “authorities” “
7 \4.21,tine 4
| Read “registering authorities”
Page 12, Note | Anew Note (iv) be added as under.- |
4,
1 7
(iv) Enlisting authority shall cross-verify genuineness
cof () & (K) from issuing branch of Bank by referring in
writing to them alongwith copy of above submitted by
Contractor alongwith his application and getting written |
| | | reply thereof from Bankers * |
ve
{Page 52, Para 3.24 | At the end, add following:- |
A |
| | "NHEA shall issue/convey approval or otherwise as
| | the case may be from E2 (Pig) channel in consultation
| | with his E8 section." |
|
Page 87, para (h), |For “Prior approval of E-in-C will be obtained by
lines 586 Chief Engineers in each case”
vo
Read *CE shall decide to include or otherwise the
provision of mobilization advance on caseto. |
‘case basis to encourage competition and
santdpation andinciuve the same inNIT. |
E'in-C's Branch & CE CommandiADGOF &
DRDO) (as applicable) shall be kept informed.
‘The provision shall not be included in a routine
| manner.” = ; (b)
|
|
Page 17, para
| shall be forwarded:-
At the end add following:
certificate duly signed by CE Command as follows
“I have scrutinized the documents of upgradation!
application in respect of (name of contractor)
and am satisfied that the said firm meets ail eligibility | =
criteria and has. performed adequate number of works
in the MES with good quality and adherence to the
| time schedule". j
2. This shall be applicable with immediate effect.
3. No hard copy of this is being sent as letter is being put up on MES website in
"General Information’ tab.
Copy to:-
Automation Cell, E-in-C’s Br.
BKY
For Zngineer-in-Chiet
Please upload this letter on “General Information"
tab-of MES web site immediately as no hard copy
is being sent EEE
Awavslment Ne. 09 ie
ON MES WEBSITE
Tele: 23015930 Dte of Contract Management
Military Engineer Services
Engineer-in-Chief’s Branch
Integrated HQ of MOD (Army)
Kashmir House, Rajajl Marg
New Delhi, ~ 110 011
66546/Manual/ t4 92/E8 \-Mer 2015
st ‘A’
ADG/OF&DRDO) S"Bad
NTT
4. Reference this Branch letter 66546/Manval/406/E8 dated 14 Jan 2015.
2. In ‘Location’ column of Serial 7 of para 1, for “para 1-12 (b)" read
“para 1.13 (b)".
3. No hard copy of this Is being sent as letter is being put up on MES
website in “General Information” tab.
aE
(Prakash Makhijani)
Dir (Contracts) a
For E-in-C .
Copy to:-
Automation Cell E-in-C’s Branch: Please upload the letter on * General
information” tab of MES web site
immediately as no hare copy is being
sent. __Tele: 2309154 Dte of Contract Management
Military Engineer Services
Engineer-in-Chief’s Branch
Integrated HQ of MOD(Army)
Kashmir House, Rajaji Marg
New Delhi - 110 011
66546/Manual/ 1) 44 /E8 - 21 June 2015
List ‘A’ &°B’
‘ADG (OF & DRDO) S’ Bad
EMI jr ENTRAL Gi DEP"
AN 1D L TT
VT PI RPI iD PUBLIC ENTERPR!
AND ANOTHER
1, The procedure for dealing with_settlement of disputes between one
central govt deptt and another and one central govt deptt and a central govt
public enterprises and public enterprises and another is mentioned in
Appendix 30.5 of the Manual on Contracts 2007 (Reprint 2012).
2. _ The committee on Disputes stands woundup with with effect from 17
Feb 2011 i.e. date of order of Ho’ble Supreme Court in civil Appeal No. 1883
of 2011 (arising out of SLP (c) No. 2583 of 2009) in the case of Electronics
Corporation of India Ltd. Vs UOI & others A copy of GOI Cabinet
Secretariate, Sardar Patel Bhawan letter No. A12034/01/2011/Adv dated 01
Sep 2011 is enclosed herewith.
3. __Acordingly Para XIII of Appendix 30.5 of the Manual on Contract 2007
(Reprint 2012) stands deleted. This will be treated as amendment No.G)
to the Manual on Contracts 2007 (Reprint 2012). 7
Encl : As above (Bhavesh Gupta)
Dir (Contracts)
for E-in-C
Copy to:-
Automation : Please upload this letter on MES website
Cell under “General Information” tab
‘as no hard copy of this letter is being
circulated. Dte of Contract Management
Military Engineer Services
Engineer-in-Chief's Branch
Integrated HQ of MOD (Army)
Kashmir House, Rajaji Marg
New Delhi ~ 119 011
23019154
BM L- |
i
66546/Manual/ 47]| /E8 ol ui 2015
List "A"
ADG (OF & DRDO) a
Secunderabad r
NDM ANN SONTRACT
1. Please carry out amendment as under +
Amendment | LOCATION AMENDMENT | ~
SL.NO. | “ - Sy
| Page 204
te Courts”
Arbitrator alongwith arbitration
proceeding”.
i [For: “Appointing Authority”
| (iypara 30.6 * Line 4 |Read: “Accepting Officer”
@» (i) Heading pare 30.6 For: “Disposal of Awards not fled in |
| Read + “Disposal of original awards by |
! |
|
2. This shall be applicable with immediate effect.
3. No hard copy of this letter is being sent as letter is being put as MES website
in “General Information” tab.
(Bhavesh Gupta)
Dir (Contracts)
for Engineer-in-Chief .
2. List °B’ incl. DGNP (V) & DGNP (MB)
3. CCE (NP) 4.CCE (COD) —S. CCE 1/2/3
internal
‘automation Cell/E-in-C’s Branch . Please upload this letter on “General
Information” tab of MES website immediately. f |
ele : 23015930
eA
Dte of Contract Management
Military Engineer Services
Engineer-in-Chief’s Branch
Integrated HQ of MOD(Army)
Kashmir House, Rajaji Marg
New Delhi - 110 011
66546/Manual/ $44 /Es 249 Sep 2016
All Commands CEs, ADG(OF & DRDO)
All Zonal CEs, CCEs
All CSWE, GEs, GE(I)s, AGE(I)s
AMENDMENTS TO MES MANUAL ON CONTRACTS 2007 (REPRINT 2012)
1. Please carry out the following amendments :-
(a) Refer this Dte letter No 66546/Manual/ 466/E8 dated 21 June
2015 :-
The amendment issued vide this letter stated as
“amendment No 3” is renumbered as “amendment No 8”
(b) Refer this Dte letter No 66546/Manual/ 422/E8 dated 12 Nov
2015 ,Para2 :-
The amendment issued vide this letter shall be
numbered as “amendment No 9”
(c) Refer this Dte letter No 66546/Manual/471/E8 dated 02 July
2015 :-
The amendment issued vide this letter Stated as
“amendment No 4” is renumbered as “amendment No 10”
(d) Amendment No.11
Refer Para 12.6 on Srl page 52(H). (CHAPTER ON E-
TENDERING) :-
Delete the existing contents of the para in toto are insert
in lieu as under:
"12.6 (A) - Action to be taken, when ont
Single Eligible Bid qualifies in ‘T’ Bi
ation
in Single je Two Cover Sysi
at
Contd/..2.. (2)
In such case, the Accepting Officer will decide to
Proceed for opening of second cover or to retender,
If he decides to. proceed for opening of second cover
(Finance Bid) of the qualified bidder,,and after
opening of second cover, if the bid is considered
reasonable, Accepting officer can accept'the tender
after obtaining approval of NHEA in terms of Para
46(f) of DWP-2007. Considering the transparent
tendering process, whereby anyone from any part of
the Nation can participate, there is no requirement to
have minimum seven bids in first cover.
12.6 (B) - Acti when only o
Single Bid is received in first Cover (‘T’ Bid)
Single Stage Two Cover System In such cases,
the Accepting Officer will extend the bid submission
end date by 2-3 weeks (extension to be done before
bid opening date and time) with an effort to have
More bidders, If after:this, the number of bidders
Participated remain only one, then the Accepting
Officer will decide whether to retender or proceed to
open the First Cover ‘T’ Bid. If he proceeds to open
the first Cover ‘T’ bid and the single bid qualifies, he
can proceed for opening of second cover. After
opening of second cover, if the bid is considered
reasonable, Accepting Officer can accept the tender
after obtaining approval of NHEA in terms of Para
46(f) of DWP-2007. Considering the transparent
tendering process, whereby anyone from any part of
Nation can participate, there is no requirement to
have minimum seven bids in first cover.”
2. This shall be applicable with immediate effect.
(Bhagirathi Pani)
Director (Contracts)
for Engineer-in-Chief
oy
6b
Copy to :- File No, 66546/P-36/E8
NEVE: \Polcy\E-tendering\Letter\Page-223 & 224 we _ Tele: 011-23015930 Dte of Contract Management
Military Engineer Services
Engineer-in-Chief's Branch
Integrated HQ of MOD (Army)
Kashmir House, Rajaji Marg
New Delhi -— 110 011
No. 66546/Manual/ 4 YE8 gh Apr 2017
All CEs Command
ADG (OF & DRDO)
CEs Zone, CCEs,
CWEs, GE (I)s, GEs & AGE (I)s
AMENDMENT TO MANUAL ON CONTRACTS 2007 (REPRINT-2012)
ts Please carry out the following amendments :-
Amendment No.12 :
Reference para 3.5.5.2 (b) (i) on SI page No. 40 lines 4&5 :-
Delete the sentence “However tenders for work costing more than twice the
tendering limit of such contractor will not be issued without prior approval
of next higher authority”.
2. This shall be applicable with immediate, effect.
3. This has the approval of DGW.
Re...
(Bhagirathi Pani)
Director (Contracts)
for Engineer-in-Chief
Copy to : - File No.66546/P-36/E8 >
Tele: 23019220 Die of Contract Management
Engineer-in-Chief's Branch
Integrated HQ of MOD (Army)
Kashmir House, Rajaji Marg
New Delhi-110 011
66546/Manual’ C53 /E8 os Jun 2017
CEs Command, ADG (OF & DRDO),
CEs Zone, CCEs,
CWEs, GE(I)s, GEs, AGE(I)s
MES MANUAL ON CONTRACTS ~ 2007 (REPRINT 2012)
CHAPTER ON E-TENDERING
1 Reference this HQ letter No 66546/P-36/107/E8 dt 24 Apr 2017.
2. Representations have been received from lower formations raising doubts and also
intimating the difficulties faced in ensuring 7 (seven) bidders to qualify in 'T’ bid evaluatiof’,
3. [thas been mentioned in the letter at ref that the “target” (not 'minimum’) shall be to qualify
7 (seven) bidders. Intention is to ensure that all applications received till bid submission end date
shall be given due consideration as per the eligibility criteria given in the NIT and instructions given
in para 3.5.5.2 of Manual on Contracts 2007 (Reprint 2012).
4. To remove any doubts, it is again clarified that the intention of the policy instructions is as
under :-
(@) Accepting Officer is required to postpone the bid submission end date if the number
of bids submitted is less than seven (Ref Para 11.2 on page 52 (G) of the E-tendering
Chapter of Manual on Contracts) to enable more bidders to participate. After this
postponement, if the number of bidders participated remains less than the target of seven,
then the Accepting Officer will decide whether to further postpone or proceed to open ‘T’
Bid.
(b) If number of bidders of eligible class who qualify in the ‘T’ bid evaluation is less than
seven, then the applications of one class/two class below shall not be summarily rejected
but these below eligible class bidders shall be considered & evaluated as per provisions
given in para 3.5.5.2 of Manual on Contracts, 2007 (Reprint-2012)..
(©) _Allother provisions of Para 3.5.5.2 of MES Manual on Contracts 2007 (Reprint 2012)
shall be strictly applicable.
(Bhagirathi Pani)
Dir (Contracts)
for Engineer-in-Chief ~ Die of Contract Management
Tele 25018220 Engineer-in-Chief's Branch
a” Integrated HQ of MOD (Army)
Kashmir House, Rajaji Marg
New Delhi-110 011
66546/Manual) 9 /E8 ev dun 2017
List ‘A’ &'B"
ADG (OF & DRDO)
Secunderabad
PIN-900453
CIO 56 APO
AMENDMENT TO MANUAL ON CONTRACTS — 2007 (REPRINT 2012)
REIMBURSEMENT/REFUND ON VARIATION IN PRICES : ELECTRIC LIFT.
1 Reference Annexure XII on serial page No 305 of Manual on Contracts, 2007 (Reprint
2012).
2. Cases of overpayment in contracts involving electrical
misinterpretation of escalation formula have come to the notice of this HQ.
lifts on account of
3. Definition of P" and ‘Po' as given in Manual on Contracts are as follows:-
* P = Amount payable as adjusted in accordance with the above price variation formula
Po= Amount of contract as accepted”
The amount ‘P’ worked out based on the formula is not to be added to Po (amount of lift work
as accepted) to arrive at the total amount payable to the contractor. The addition of P to Po
while calculating the amount payable on account of reimbursementrefund of variation in prices
has resulted in over payment.
4. In order to avoid recurrence of such cases, following amendment to Manual on
Contracts, 2007 (Reprint 2012) is hereby carried out.
For “P = Amount payable as adjusted in accordance with the above price variation formula."
Read ‘ P = Total amount payable, i.e. amount of contract as accepted including variation in
prices in accordance with the above price variation formula.” *
5. This has the approval of DGW.
6. This letter may please be circulated to lower formation under your AOR.
Al
(5=——~
(Reji Ashok)
Dir (Contracts)
for Engineer-in-Chief
Copy to:-
Internal
Nodal Officer 4 for uploading on MES website.
ax re 3 Dte of Contract Management
Pet: 0-23019220 Military Engineer Servioes
Engineer-in-Chief’s Branch
THQ of MoD (Army)
Kashmir House, Rajaji Marg.
New Delhi-1 10011
No.66546/P-40/ ©7 /E8 9. Aug2017
List ‘A’ & ‘BY
ADG (OF&DRDO)
AMENDMENT TO MANUAL ON CONTRACTS, 2007 (REPRINT 2012)
DISPUTE RESOLUTION BOARD (DRB)
1. Due to rising number of Arbitration Cases which ultimately lead to litigations in courts
resulting in wastage of time and money ADR methods such as Conciliation and Dispute
Resolution Board etc, were felt necessary before resorting to Arbitration. Accordingly
provision of Conciliation was included in Special Conditions vide Annexure XX of Appendix
8.1 of Manual on Contracts, 2007 (Reprint 2012). The provision of Dispute Resolution Board
(DRB) was inserted in Condition 71 of [AFW-2249 through Amdt No 40 in 2015. It has now
been made mandatory that for contracts upto Rs 10 Cr the disputes shall first be referred for
conciliation and for contracts valuing more than Rs 10 Cr to the DRB.
2. The said Condition 71 of [AFW-2249 (as per Amdt No 40 of 2015), specifies that
procedure for the constitution/appointment of DRB/Conciliator shall be as laid down in the
Contract Agreement. While standard clause for conciliation was already approved and included
in Manual on Contracts 2007 (Reprint 2012) at Annexure XX of Appendix 8.1, the standard
clause for DRB has now been formulated based on inputs received from various CEs Comd
and approval of MoD obtained and the same is enclosed herewith as Appendix “A” to this letter.
3. The standard DRB clause shall be inserted as Annexure XXI of Appendix 8. .on serial
page No 313 of Manual on Contracts and treated as Amdt No 13
4. It shall be ensured by CEs Command that where Jt DG (Contracts) is Chairman the
Cols/Directors, nominated as members shall be other than those of Contract Section. A
panel/list of such officers at Command level, who have proficiency and experience in dealing
with arbitration cases, should be prepared and they should be nominated as members to DRB
as per their orders in the list serially and their nomination should be assigned in a cyclic manner
so that load is equally distributed. The panel should be regularly revised keeping in view the
moving in / out of Col/Director level officers in the Command.
5. For ongoing contracts where amended Condition 71 of [AFW-2249 is applicable with
provn for DRB but where constitution/procedure for DRB has not been included in the
contracts, this standard DRB clause may be included through an amendment to contract.
6. The payment becoming due to contractor on account of the findings of DRB which
have become final, i.e., those which have not been objected by either party within 30 days of
such decisions, shall be paid out of funds available for the project only. ‘
Cont.
a ‘ 7. This letter may please be circulated to formations under your A.O.R.
et
(Reji Ashok)
Dir (Contracts)
for Engineer-in-Chief
8. This has the approval of DGW
Enel: (as above)
Copy to :-
QMG’s Branch/DG LWE
IHQ of MoD (Navy)/Dte of Works
THQ of MoD (Air Force)/Dte of AF Works
HQ IDS/Works Dte
HQ SFC
Coast Guard HO
DGQA/Works Dte
QMG's Branch/ADGTE
HQ CME Pune
Faculty of Construction Management, CME Pune
DG MAP
Internal
ub Dtes of Works Dte
Nodal Officer
Please upload this letter on MES’ website. Appx ‘A’ to E-in-C Br letter
No 66546/P-40/07/F822Aug 17
ANNEXURE XXI OF APPX 8.1 OF MANUAL ON CONTRACTS
DRB CLAUSE “
Dispute Resolution Board (DRB) (Condition 71 of LAFW 2249 General Conditions of
Contracts Refers) (Applicable for all contracts of value more than Rs.10 Crores
1 During execution of the works or after completion or _afier
determination/cancellation/termination of the contract all disputes between the parties to
contract arising out of the contract (except those for which decision of Accepting Officer or
any other officer (CWE and/or GE) is expressed to be final and’ binding), including any
disagreement by either party with any action, inaction, opinion, instruction, certificate or
valuation by the Accepting Officer or his nominee, the matter in dispute shall, in the first place
be referred to the Dispute Resolution Board (DRB). In case of disagreement with the decision
of such DRB, any party may invoke arbitration clause.
2 The Constitution of the DRB shall be a three member body as under:~
(i) Chairman: Joint DG (Contracts) of the concerned Command Chief
Engineer. Where Jt DG (C) is not posted in the Comd, any other
Chief Engineer/Brig level Offr posted in CE Comd shall be
nominated by Comd CE at his sole discretion.
(i) Member 1
Col/Director rank officers of Comd CE or of any other Zonal CE
to be nominated by Comd CE
(iii) Member 2
3. The name of chairman and members shall be notified by the Accepting officer within
one month of the date of acceptance of contract
4. Once the DRB is constituted the members and Chairman shall disclose in writing their
neutrality and impartiality about any personal interest in the work.
5. The dispute shall be referred to the chairman of the DRB by the concemed party after
giving notice to the other party for invoking of this clause.
6. The DRB shall decide the dispute in accordance with the terms of the contract, principle
of natural justice, equity and fair play.
7. The DRB may fix oral hearing at a place, date and time as decided by the Chairman.
8 The requisite administrative support to the DRB shall be provided by the Accepting
Officer.
9. All the contract documents pertaining to the case shall be provided by the Accepting
Officer for reference by the DRB
10. DRB shall give its decision on the disputes within three months of notice from any party
invoking the DRB clause. This period can be extended by one month with the consent of the
parties,
Cont..2/ Appx ‘A’ Contd
Qu
ANNEXURE XXI OF APPX 8.1 OF MANUAL ON CONTRACTS
DRB CLAUSE
11. All the decisions given by the DRB shall be by majority and such decisions shall be
communicated in writing by Chairman to the parties.
12, Ifthe decision of the DRB is not to the satisfaction of either party or if the DRB fails to
give decision within the laid down time either party shall indicate his reservations on the
decision to Accepting Officer within 30 days of such decision and to refer that dispute for
arbitration within the provisions of Condition 70 of IAFW 2249 General Conditions of
Contract.
13. Itshall be mandatory for the party invoking arbitration on any particular dispute to have
first exhausted the remedy provided under the DRB clause for that particular dispute.
14, The mandate of the DRB shall terminate on completion of one year from the date of
completion/determination/cancellation/termination of the contract.
15. If any member or Chairman of the DRB is unable to function due to any reason
whatsoever, or he resigns his appointment, Chief Engineer Command as'the case may be. shall
fill the vacaney so caused within 15 days of happening of such vacancy.
16. Any dispute referred to the DRB and having been decided by the DRB and not objected
to by either party within 30 days shall attain finality and shall not be referable to arbitration
17. Accepting officer shall ensure implementation of the decisions of the DRB which attain
finality, i.e. except those which are objected by him or by contractor within 30 days as per Para
12 above.
18. Findings and decision of DRB shall be admissible as evidence, to the extent permissible
as per law, in the subsequent Arbitration and/or litigation.
19. DRB Chairman/members shall not, in any case, be liable to be called as witness or to
produce any evidence in any Arbitration or departmental proceedings of any kind...
20. During execution of work the disputes may be referred to the DRB ag’ per the
requirement of each party after having exhausted the decision making process provided in the
contracts. In case of completion of work or after determination/cancellation/termination of the
contract all the disputes including payment/nonpayment/delay in final bill shall be
simultaneously referred tothe ~=DRB~ within six. months._— of
completion/determination/cancellation/termination of the contract.
21. The department case before the DRB shall be presented by Accepting Officer himself
and/or Dir (Contract) of CE Zone assisted by CWE and his DCWE (Contract), GE and his AGE
(Contracts) and any other officer and legal counsel nominated by Accepting Officer. The
contractor may present his case by himself and/or by his nominated reps & authorized
legal/technical counsel. x
———- x — - (4
L Freie: 23018930 Dte of Contract Management ~
\ Engineer-in-Chief's Branch/E8
Integrated HO of MoD (Army)
Kashmir House, Rajaji Marg
DHQ PO, New Delhi-110011
66546/ Manual/ 644 /E8 Br Aug 2017
All CEs Command
ADG (OF & DRDO)
CEs Zone, CCEs
CWEs, GE(I)s, GEs & AGE(I)s
AMENDMENT TO MES MANUAL ON CONTRACTS 2007
REPRINT 2012}
4,
Please carry out following amendments:-
Amendment. Location | ‘Amendment
SINo.
co Para 1.1(c) on Sri Page No | Delete the existing Para 1.1 (c) in toto and
03 of MES Manual on
Contracts 2007 (Reprint
2012)
insert amended Para 1.1(c) as under:~
“4.4(c) The criteria for fresh enlistment shall
be as per separate notifications issued from
time to time by E-in-C’s Branch.”
5 Para 1.22 on Sri Page No
25 of MES Manual on
Contracts 2007 (Reprint
i 2012)
Delete the existing Para 1.22 in toto and insert |
amended Para 1.22 as under:- |
“4,22 Up-gradation, change in
constitution, addition/ alteration in
categories of enlistment and disciplinary |
action against contractors
The Up-gradation, change in
constitution, addition/ alteration”in categories
of enlistment and disciplinary action on the |
contractor shall be approved only by the
parent Command.: The Command where
contractor is enjoying facility of parallel
enlistment shall not have any power to alter |
the particulars of the contractor than those |
approved! amended by parent Command, In
case where due to reorganization, original |
folder of the contractor has been transferred
to new Command, the Command taking over
the folder shall be considered as parent
Command,
However addition’ alteration in
categories of enlistment and disciplinary
action in case of 'E” class contractor shall be |
approved by CWE being the registering
authority."
“he {Amendment
.
SINo.
fs ig
|v
7 Location
Para 18.5.5.1 on.Srl Page |
No. 135 of MES Manual on
Contracts 2007 (Reprint
| 2012)
“Amendment |
Delete the existing Para 18.5.5.1 in toto and |
insert amended Para 18.5.5.1 as under:~
"48.5.5.1 Instructions in paras 18.5.2 and |
18.5.3 above do not apply after the work has |
been completed. In accordance. with |
Condition 65 IAFW-2249, the contractor has |
to forward a certified final account on |AFW- |
2267 as soon as possible after the completion
of work to the satisfaction of the Engineer-in- |
Charge. However where payment is due to |
the contractor on completion of work after
retaining amount as stipulated in Condition 64
of IAFW-2249 and the contractor processes
payment of RAR before the final bill is
processed to AO of GE office, the amount in |
excess of the retention amount shall be paid
to the contractor after effecting recoveries if
any.”
{Para 13.1, Si Page No.
52H Chapter. on E-
TENDERING IN MES
‘Add the following para 13.1A after existing
para 13.1 as under:
"43.1A In case a bidder disqualified in the |
technical bid being below class gets upgraded
to the qualifying class before financial bid
‘opening time, his financial bid shall be opened
by amending the technical evaluation |
summary. On the other hand if a bidder has |
been qualified in technical evaluation but gets
downgraded before financial bid opening, the
financial bid of the bidder shall not be opened
and he will be intimated of the decision so as |
to effable him to represent to NHEA as per |
existing provisions."
Chapter on E-TENDERING
IN MES
(a) Lines 3 & 4, S18 (C),
‘Annexure 3A-IV (For works
costing less than Rs. 15
Crores)
(b) Lines 3 & 4, Srl 8 (C)(b),
Annexure 3A-IV (For works
costing more than Rs. 15
Crores but less than Rs. 50
Crores)
(0) Lines 3 & 4, Sri 8 (C)(c),
Annexure 3A-IV (For works
costing more than Rs. 50
Crores)
For: “except sons / daughters of proprietor!
parner/ Director”
Rea: “except sons / daughters / spouse of
proprietor! partner! Director” | Amendment
* SI.No.
Location
Amendment
ix”
pill 9
Para 6, Annexure 3A- \/I of
Chapter on E-TENDERING
IN MES.
The heading of the Para shall be amended as
under:-
For: “REVOKATION/ REVISION OF OFFER
UPWARD/ OFFERING VOLUNTARY
REDUCTION, AFTER OPENING OF
FINANCIAL BIDS BY LOWEST BIDDER"
Read: “‘REVOCATION/ REVISION OF |
OFFER UPWARD/ OFFERING VOLUNTARY }
REDUCTION, AFTER CLOSING OF BID
SUBMISSION DATE & TIME”
Copy to: - File No, 66546/ P-36/ E8
_ Rebag is egtn
File rw 86546] P. 26/e>
CHoe7en
aan
(Bhagirathi Pani)
Director (Contracts)
For Engineer-in-Chief
oc
ON F-Topnerive, | << © - Tele: 011-23019154 Dte of Contract Management
Military Engineer Services
Engineer-in-Chief’s Branch
Integrated HQ of MOD (Army)
— Kashmir House, Rajaji Marg
New Delhi - 110 011
No. 66546/MANUAL/ 69¢/E8 (¢ oe 2097
list A&B
‘DG (OF & DRDO)
AMENDMENTS AL INTRACTS 2007 (REPR! 12.
1, _ It has been observed that clarifications are being asked on certain provisions of manual
on contracts by individual formations. In addition certain policy letters have also been issued by
this HQ in the past.
2, _ In order to incorporate various policy letters/clarification issued by this HQ and certain
new issues, following amendments to manual on contracts (Reprint 2012) are hereby issued.
‘Amendm | Location Amendment
ent No. _
vy 20 | cri for fresh
enlistment/uparadation
Note No. 3 under para 1.4 (c) The existing para shall be deletéd-& replaced
A, with following in liew:- .
wy my Note-3 : For enlistment in category (b),
y (Electrical Engineering Works) (i) to (iii), one
of the engineers employed by contractor
should be degree / diploma holder in
electrical engineering with —_requisite
experience and contractor should also
employ persons having valid electrical license
from competent authority on their
permanent establishment (two persons for
class ‘SS’ & one person for class S to E). For
this he will submit requisite affidavits and
attested copies of license.
21 Suspension, downgrading,
A removal etc. of contractors
Para 1.16 (b) (iii) The existing para shall be deleted and
replaced with the following in lieu:~
32 1.16 (b) (iii) : Suspension for reasons other
wy woe than technical lapses referred to above, such |
as suspected malpractices or sugfiected |
disloyalty to the state, shall be'done only —_—|
with the prior approval of authority |
mentioned in para 1.16 (h) & 1.16 (j)
hereinafter.
22 | Para 1.16 (<) (i) This para shall be deleted intoto & insert |
v blank in lieu.
Qs |
Boy PE |
Sue | Lettie. 23 Implementation of
v ‘Award/Filing objection on
obtaii
advice of LA (Def).
Para 30.2.1 (a) line 3
pet
For “Rs. 1,00,000.00”
Read "Rs 2,00,000.00"
24 | Para 30.2.4 (b) line 3
| w pe Yah
For "Rs 1,00,000.00” & *Rs 5,00,000.00”
Read"Rs 2,00,000.00" &"Rs 10,00,000.00"
25 | Para 30.2.1 (©) line 3
Dare \de
For “Rs 5,00,000.00” |
Read "Rs 10,00,000.00”
26 Para 30.2.7.2 (K)
The existing para shall be deleted and |
replaced with the following in lieu:~
30.2.7.2 (k): CE Zone shall form his opinion
in consultation with Dir (Contract)/SSW and
reflect the same in statement of case
alongwith grounds on which it is proposed to
implement or contest the award. Thereafter
complete case/documents shalll be forwarded
to CE Command for opinion of Jt. DG
(Contracts). In order to avdid any delay, CE
shall detail his Dir (Contracts)/SSW/Jt. Dir
(Contracts) to discuss the matter with Jt. DG |
(Contracts) of CE Command.
For “Rs 5.00 Lakhs”
Read “Rs 10.00 Lakhs”
v
wa 48
ws
wi Para 30.2.7.7/(i) & (il)
Reg. goo
28 Para 30.2.12
\~
ne Yo, U3
Insert a new para 30.2.13 as under:-
30.2.13 : The instructions contained in above
mentioned paras shall also be applicable in
respect of awards in favour of department.
3. This has the approval of E-in-C.
Copy to:-
ADGTE Sect(QMG's Branch
Internal :-
Z
(1) E2 (Works)
(2) £2 (Design)
(3), E4(U)
(4) E2w (PPC)
(Mahesh Chander)
Director (Contracts)
for Engineer-in-Chiet
x NOdal en icer : Please upload the letter on mes website. ‘Tek: 011-23019154 Engineer-in-Chief's Branch (951)
E t Military Engineer Services
=F Dte of Contract Management/E8
Kashmir House, Rajaji Marg
New Delhi - 110 011
No. 66546/MANUAL/7S] /E8 oy Feb 2018
ListA &B
ADG (OF & DRDO)
AMENDMENTS TO MANUAL ON CONTRACTS 2007 (REPRINT 2012
i. Please carry out amendments as under:-
| Amendm Location Amendment
|_ent No, _ _
29 issue of tender to|For “However to infuse better competition
I applicant Accepting Officer may issue tender to applicant
| Contractors of one | Contractors who are one class below. the eligible
class below _ the | class also who have previously completed
| eligible class. similar work satisfactorily and are meeting the
| Page 40, Para 3.5.5.2 criteria of upgradation.”
| (b) (ii), lines 2 to
Read “However to infuse better competition
| Accepting Officer may issue tender to applicant
Contractors who are one class below the eligible |
class also who have Previously completed |
similar work satisfactorily and are meeting the
“ criteria of upgradation in respect of Past
| : experience of completed works (Work
experience and/ or Average annual turnover as
applicable) and Financial soundness (Solvency/
| financially soundness and Working capital),”
|
2. This has the approval of DGW.
“ky
(Bhagirathi Pani)
Director (Contracts)
for Erigineer-in-Chief
Internal Distribution:-
£2 (Works), £2 (Design), E4 (U), E2W (PPC) Tele: 011-23015619
No. 66546/MANUAL/§ >-F/E8
List A & BY
ADG (OF & DRDO)
Engineer-in-Chief’s Branch
Military Engineer Services
Dte of Contract Management
Kashmir House, Rajaji Marg
New Delhi - 110 011
| 6 May 2018
AMENDMENT TO MANUAL ON CONTRACTS 2007 (REPRINT 2012)
1. Please carryout following amendments: -
Amendment | Location ‘Amendment .
[No ee :
30. Para 3.5.5 2(a) to 3.5.5 | Delete the contents under the
2(c) on Sr Page No. 40 of | existing Paras 3.5.5 2(a) to
MES Manual on Contracts | 3.5.5 2(c)’ and insert as
2007 (reprint 2012)
under:-
Para 3.5.5 2(a):- Efforts shall |
be made to stimulate healthy
competition by ensuring that
maximum number of tenderers
take part in the tendering
| process. Application in respect
of tenderers one class or two
classes (in case of remote and
difficult area) below the eligible |
| class shall also be considered |
(subject to fulfilment of other
| eligibility criteria given in the
NIT) when the number of
applicants of eligible - class
qualifying for tender ‘are less |
|than 7(Seven). Even after |
considering one class below or
two classes below applicants, if
the number of applicants who
qualify for a particular tender
are less than 7(Seven), the
accepting officer shall take a
decision as to whether to go for
retender or go ahead with the |
opening of Cover 2.
3.5.5.2(b) : “In case number of
tenderers of eligible class
fulfilling the other eligibility
criteria given in NIT are 7
(Seven) or more, application of
&- tencerers oF wn th
eligible ciass snaii_ generally
not be considered. However to
induce better competition,
application of only those one
class below the eligible class
| tenderers shall be considered
| who have previously
completed = similar_~— works
satisfactorily and are meeting
the criteria of upgradation in
respect of past experience of
completed — works — (work
| experience and/ or average
| annual turnover as applicable)
and financial soundness
(solvency / financial soundness
and working capital) provided
the value of work is less than
twice the tendering limit of
such tenderers. In the NIT
tenderer shall be asked to)
upload these documents ‘in
Cover 1.
3.5.5.2(c) : In case even after
considering one class below
and retendering, the required |
competition is not there for a
| particular work, the accepting |
officer may take decision to
issue the tender to tenderers
who are two classes below |
after seeking the permission
from next higher engineer
authority i.e. CE Zone in case
of GE’s,GE(I) &CWE's tender &
CE Command in case of CE
Zone tenders. In case of
delegated works, the term next
higher engineer authority shall
be with reference to authority
delegating the work. However
in case of remote & difficult
area tenders to two class below
the eligible class shall be
| considered as brought out in
para 3.5.5.2(a) above. The list
of remote and difficult areas
shall be finalised by CE|
command”.
a a1.
Bz):
33.
Para 3.5.5 2(d) on Sr
Page Nos. 40 and 41 of
MES Manual on Contracts
2007 (reprint 2012)
Para 9.3 of Chapter on
| e-tendering for MES
Annexure 3A-IV (Appx A
to NIT) included in
chapter on etendering
circulated vide this HQ
letter no. 66546/P-
36/91/E8 dated 19 Jul
2016 for work costing less
than 15 crore.
Delete the contents of existing |
Para 3.5.5 2(d) and insert as
under:-
Issue of tender to unenlisted
contractor shall be considered
provided the contractor meets |
the criteria given in NIT and is
eligible for enlistment in class
required for the work being |
tendered. All. documents
required for enlistment as per
checklist shall be obtained
from contractor and kept in
record for future reference”.
|
Add in the last :- (In case of re-
tendering) time _ period
between the tender publishing
date and bid submission end
date shall be as under:-
| (i) Item rate tender : 7 days
(ii) Lumpsum tender: 14 days
Existing contents are hereby
| cancelled and shall be replaced
with revise page enciosed:-
Herewith as Annexure 3A-IV
(R). Rewiret MIT AY _
Aerts Costin, pete Than
(Slr, CAL Fotlor|
2.
3.
Any clarification/amendment issued in the past in respect of contract
manual paras, as mentioned above shall be deemed to be amended to the
extent as above.
Please acknowledge.
Encls : As above
he
(Mahesh Chander)
Director (Contracts)
for Engineer-in-Chief
Nodal officer : Please upload the letter on MES website ANNEXURE 3 A -IV (R}
APPENDIX ‘A’ TO NOTICE INVITING TENDER(NIT:
(For Works costing less than Rs. 15 Crores
1._| Name of work. s
f
2. _| Estimated Cost f Rs (At Par Market) _
3.__| Period of completion days
4. | Cost of tender documents | Rs. in the shape of DD/Bankers cheque
| from any schedule Bank in favour of |
and payable at
| CCE/GE/GE(I)/AGE(I)
5. | Website/portal address | www.edefproc.gov.in and www.mes.ov. in |
6. | Type of contract | The tender shall be based on drawing and |
specifications (IAFW-2159) and GCC (IAFW-
2249) with Schedule ‘A’ (list of items of work) to
be priced by tenderer. The Tenderers are
required to quote their lump sum amounts for pre
| priced parts of Schedule ‘A’ and quote rates
| against items of other parts of Schedule ‘A’.
(For other types of tenders, suitable modification
shall be made.
7._| Information & Details:
| (a) Bid submission start
date Refer critical dates
| (b) Bid submission end
| date
| (c) Date of bid opening
8._| Eligibility Criteria - _
(A) For MES enlisted All contractors enlisted with MES in Class
contractors ‘ ‘and above and category subject
to the remarks wrt performance in respect of Wks |
in hand reflected in Workload return (WLR) |
circulated by competent engineer authority. Refer |
| Note - below
(B) For contractors not (a) The firms not enlisted with MES shall meet
enlisted with MES | the enlistment criteria of * ‘class MES
contractors & category i.e. with regard
to having satisfactorily completed requisite value
works, Annual turnover, Solvency,, working |
capital, immovable property/fixed assets, T&P,
Engineering establishment, no recovery
outstanding in any Govt Department, Police
verification/Passport etc. As per enlistment
criteria given in Para 1.4 and 1.5 of Section 1
Part of I of MES Manual on
Contacts -2007 (Reprint 2012) as available in all
MES Formations.
(b) These firms shalll also submit copy of Police
verification from police authority of the area
where the registered office of the firm is
located/notarised copy of valid passport of
| proprietor/each partner/each Director.
(c) Firm should not carry adverse remarks in WLR
or any other similar report of any authority. |
|
e | (C) For All Contractors Contractor will not be allowed to execute the
work by subletting or through power of attorney
holder on his behalf to a third party/another firm
| except sons/daughters/spouse of
| proprietor/partner/Director and firm's own
| employees, Director, Project Manager. This shall
| be subject to certain conditions which will be
| prescribed in the NOT forming part of the tender
____| documents. - _
9. | Tender issuing and |
| Accepting Officer _ _ - es
10. | Executing agency | GE. 7PM, - __
11. | Earnest Money Rs. in favour of
I | CCEVGE/GEC)/AGE(T) 2
NOTES:
(2) Contractor one class below (two class below in case of remote and difficult
area) may also bid for this tender. Their application shall be considered subject to
fulfilment of other eligibility criteria given in NIT when number of applicants of
eligible class qualifying for the tender are less than 7(seven).
(b) _In case number of eligible class contractors satisfying the eligibility criteria
give in N1T are 7 or more than 7, application of one class below the eligible class,
shall not be considered except those who have previously completed similar works
satisfactorily and are meeting the criteria of upgradation in respect of past
experience and /or average annual turnover as applicable and financial soundness
(solvency/financial soundness and working capital) provided the value of work is less
than twice the tendering limit of such contractors. Contractors one class below the
eligible class may upload necessary documents wrt works experience and financial
soundness in cover 1 of tender (T bid).
(c) (i) Applications/bids not accompanied by scanned copies of requisite
DD/Bankers Cheque towards cost of tender and earnest money (as applicable) shall
Not be considered for validation of ‘T’ bid and their finance bids will not be opened.
(ii) Contractors should ensure that their original DDs and earnest money
(as applicable) are received within___* days of bid submission efd date.
(* The number of days to be mentioned shall be as decided by the Accepting
Officers, but it shall not be less than 5 days).
(iii) In case of applications/bids from enlisted contractors of MES,
where scanned copies of req te DD/Bankers Cheque towards cost of tender has
been uploaded but physical copies are not received by the stipulated date, their
finance bids will be opened. However non-submission of physical copies of cost of
tender shall be considered as wilful negligence of the bidder with ulterior motives
and such bidder shall be banned from bidding for a period of six months
commencing from the date of opening of finance bid (cover 2).
(iv) In case of applications/bids from un enlisted contractors, where
Scanned copes of requisite DD/Bankers Cheque towards cost of tender has been
uploaded but physical copies are not received by the stipulated date, finance bids
will not be opened. Name of such contractors along with complete address shall be
Circulated for not opening of their bids for a period of six months commencing from
the date of opening of finance bid (cover 2). é (v) In case of applications/bids (enlisted contractor as well as unenlisted
contractor) where scanned copes of requisite Earnest money (as applicable) were
uploaded but the same are not received in physical form within stipulated time, such
bids shall not qualify for opening of finance bid (cover 2).
(d) Contractors may note that they shall not be loaded beyond their tendering
limit as under:-
(aa) In’case contractors of eligible class are selected for issues of tender : 4 to 5
times the tendering limit .
(bb) In case of one class (two class in case of remote and difficult area as the case
may be) contractors are selected for issue of tender : 6 to 7 times
(cc) In case of unenlisted contractors: 2 times the upper tendering limit of class
for which contractor meets the criteria for enlistment.
(e) In case any deficiency is noticed , in the documents required to be
uploaded by the tenderers as per NIT, after opening of cover 1 (T bid) and during
technical evaluation, a communication in the form of e-mail/whatsapp/sms/speed
post etc. shall be sent to the contractor to rectify the deficiency within a period of 7
days from date of communication failing which financial bid (cover-2) shall not be
opened and contractor shall not have any claim on the same.
(f). Contractors enlisted with MES will upload following documents for checking
eligibility :-
(i) Application for bi
(ii) Enlistment letter
(iil) Scanned copy of DD of cost of tender
in Firm's letter head .
(3). Contractors not enlisted with MES will be required to upload necessary
documents to prove their eligibility for enlistment in-eligible class & category of
work, including Affidavit for no recovery outstanding. List of documents required for
enlistment in MES has been given in para 1.5 of section 1 of Part I MES Manual on
Contractors 2007 (reprint 2012). Following documents shall also be uploaded
amongst others:
(i) Details of three highest valued similar nature of works executed during
last five years, financial year-wise in tabular form giving name of work, Accepting
Officer's details, viz, Address, Telephone, Fax No, E-mail ID etc, date of acceptance
of tender and actual date of completion. This shall be duly signed by proprietor/all
partners/ authrorised Director of Pvt/Public Ltd, as applicable. It should indicate
whether extension was granted or compensation was levied. Attested copy of
acceptance letter and completion certificate shall be enclosed of each work. In case
performance report has been given by the client same shalll also be submitted duly
attested. \
(ii) Solvency certificate and working Capital Certificate issued by scheduled
bank. i
(iii) Annual turnover certificate for last 2 years issued by Chartered
Accountant along with relevant pages of audited balance sheets in support thereof.
(iv) Affidavits for possession of movable & immovable properties by
proprietor/partner owning the immovable property along with Valuation Certificate
from Regd Valuer in support of movable & immovable properties. In case of Limited
‘Company, the immovable property is required to be in the name of the company.
Qa (v) In addition, the un-enlisted contractors shall also furnish affidavit on
non-Judicial stamp paper in the form of hard copy declaring their turnover for last 2
(Two) years.
(vi) Scanned copy of DD of cost of tender and earnest money.
(h) In case of rejection of technical/prequalification bid, contractor may appeal to
next higher Engineer authority i.e on emai against rejection, whose
decision shall be final and binding. However contractor/bidder shall not be entitled
to any compensation whatsoever for rejection of technical/prequalification bid.
&
Signature of contractor
For Accepting
Officer
File No. Dated.
(______)
Address of Accepting Officer . Tele: 011-23015619 Engineer-in-Chief’s Branch
, Military Engineer Services
Dte of Contract Mahagement
Kashmir House. Rajaji Marg
New Delhi - 110 011
No. 66546/MANUAL/ | 2.2E8 } Y sun 2018
List ‘A & BY
ADG (OF & DRDO)
MENDMENT TO. AL CONTRACTS 2007 (REP! 2012
1. Reference this office letter No.66546/Manual/827/E8 dated 16 May
2018.
2. Further to above, please carry out the following amendments :~
Amendment No. Location _____ [Amendment
34, Annexure 3A-IV (Appx | Existing contents are |
Ato NIT) in chapter on | hereby cancelled and
e-tendering circulated atte manne a |
wee Mae | ree ir |
dated 19 Jul 2016 for
work costing more |
than Rs.15 crores but |
less than Rs.50 crores
and for work costing
more than Rs.50
crores.
4. Please acknowledge.
L
Encls : As above (Mahesh Chander)».
Director (Contracts)
for Engineer-in-Chief
Nodal officer : Please upload the letter on MES website ANNEXURE 3 A -IV (R’
PPENDIX ‘A’ TO NOT! INVITING TENDER(NIT
For Works costing more than Rs. 15 Crores but less than 50 Crores
Estimated Cost Rs (At Par Market)
Period of completion _days —_
Cost of tender documents RS. in the shape of DD/Bankers cheque
from any schedule Bank in favour of
| CCE/GE/GE(I)/AGE(1) and payable at
a ee
Website/portal address www.edefproc.gov.in and www.mes.gov.in |
Type of contract The tender shall be based on drawing and
specifications (IAFW-2159) and GCC (IAFW- |
| 2249) with Schedule ‘A’ (list of items of work) to |
| be priced by tenderer. The Tenderers are
| required to quote their lump sum amounts for pre
‘ Priced parts of Schedule ‘A’ and quote rates
against items of other parts of Schedule ‘A’.
(For other types of tenders, suitable modification
_ shall be made.)
7 Information & Details: “
(a) Bid submission start »
date Refer critical dates |
(b) Bid submission end |
date
(c) Date and Time of
opening of bid
8. Eligibility Criteria — -
(A) For MES enlisted All contractors enlisted with MES in Class *SS"
contractors and category subject to the remarks wrt
performance in respect of Wks in hand reflected
in Workload return (WLR) circulated by
competent engineer authority and should meet
the residual capacity requirement as in para
_ 8(C)(a) below,
(B) For contractors not The firms not enlisted with MES shall satisfy the
enlisted with MES following criteria :~
(a) Residual capacity requirement as in Para
8(C)(a) below
(b) They should meet the enlistment griteria of
“SS' class MES contractors & category
i.e. with regard to having satisfactorily completed
requisite value works, Annual turnover, Solvency, |
working capital, immovable property/fixed assets,
‘T&P, Engineering establishment, no recovery
| outstanding in any Govt Department, Police
| verification/Passport etc. Enlistment criteria may
be seen in Para 1.4 and 1.5 Section 1 of Part ofl
of MES Manual on Contacts -2007 (Reprint 2012)
as available in all MES Formations. These firms
shall also submit copy of Police verification from
police authority of the area where the registered
office of the firm is located/notarised copy of
_!| ___valid passport of proprietor/each partner/each Jf
f/ ~~ [Directo
(c) Firm should not carry adverse remarks in WLR
or any other similar report of any other authority.
| (2) Applicants’ residual capacity as worked out by
| following formula should be more than estimated
cost of work :
Residual capacity = (2 x Ax N) -B
Where;
| A = Maximum turnover in last § financial years
| | N = Period of completion of contracted
| (Tendered) work (in years calculated till 2
| decimal places)
B = Value of balance work in all Govt, & Private
| works.
(b) Contractor will not be allowed to execute the
work by subletting or through power of attorney
holder on his behalf to a third party/another firm
except sons/daughters/spouse of
Proprietor/partner/Director and firm's own
| | employees, Director, Project Manager. This shall
| be subject to certain conditions which will be
| (C) For All Contractors
| Prescribed in the NOT forming part of the tender
_ documents
9. | Tender issuing and
Accepting Officer i _ ‘ a |
10, | Executing agenc; CE PM. 1
11. | Earnest Money Rs, in favour of
L CCE/GE/GE(1)/AGE(I) -
NOTES:
(a) Contractor one class below the eligible class (two class below in case of
remote and difficult area) may also bid for this tender. Their application shall be
considered subject to fulfilment of other eligibility criteria given in NIT when number
of applicants of eligible class qualifying for the tender are less than 7(seven).
(b) _In case number of eligible class contractors satisfying the eligibility criteria
give in NIT are 7 or more than 7, application of one class below the eligible class
shall not be considered except those who have previously completed similar works
satisfactorily and are meeting the criteria of upgradation in respect of past
experience and /or average annual turnover as applicable and financial soundness
(solvency/financial soundness and working capital) provided the value of work is less
than twice the tendering limit of such contractors. Contractors one class below the
eligible class may upload necessary documents wrt works experience and financial
soundness in cover 1 of tender (T bid). :
() Contractors enlisted with MES will upload following documents
(scanned copies in PDF format) for checking eligibility.
(i) Application for the tender on tenderer’s letter head. In this, the
contractor should explain with calculation details supported with documentary
evidence as to how he is qualifying for this tender in terms of conditions given in
Para 8 (C) (a) above. Tenderer/bidder to note that if they do not submit their
calculation details and/or supporting documents corgactly, Deptt will make
calculation. If the firm does not qualify as a result of Deptt calculation, then bidder
only will be responsible for the same. This is notwithstanding the fact that Deptt. will check the details and calculations also in respect of contractors who have given the
calculations.
(ii) Enlistment letter
(iii) DD towards cost of tender
(iv) Working details of residual capacity which shall include :
(aa) Copy of turn over certificate from CA for last 5 (five) years cy),
notarised copy of relevant pages of balance sheet of those FY’s showing the turn over
(gross receipts)
(ab) List of works in hand for contracts with Government departments and
private works, completed value thereof and residual work to be completed during
Completion period of subject work in a self-explanatory tabular form. This shall be
Submitted duly signed by proprietor/all partners/authorised Director of Pvt/Public
Ltd. as applicable.
fac) Affidavit on non-judicial stamp paer of Rs.100/- (minimum) in the
form of hard copy declaring their turnover for last 5 (five) years and value of
rerracts in hand in Government department & private and details of works
completed and residual work to be completed.
‘Herd copy of above mentioned documents will be submitted within... days of bid
“abmission end date. (* The number of days to be mentioned shall be as decided by
the Accepting Officers, but it shall not be less than 5 days).
(a) contractors not enlisted with MES will upload following documents
(scanned copy in PDF format) for checking eligibility:-
(i) Application for the tender : In this, the contractor should explain with
calculation details supported with documentary evidence as to how he is qualifying
for this tender in terms of conditions given in Para 8 (C) (a) above. Tenderer/bidder
to note that if they do not submit their calculation details and/or supporting
documents correctly, Deptt will make calculation. If the firm does not qualify as 2
result of Deptt calculation, then bidder only will be responsible for the same. This is
notwithstanding the fact that Deptt. will check the details and calculations also in
respect of contractors who have given the calculations.
i) Necessary documents to prove their eligibility for enlistment 1A eligible class &
category of work, including Affidavit for no recovery outstanding. List of documents
required for enlistment in MES has been given in para 1.4 & 1.5 of section 1 of Part I
MES Manual on Contractors 2007 (reprint 2012). The work experienc® shall include
details of similar nature of work executed during last five years financial year-wise in
Tabular form giving name of work, Accepting Officer's details, viz, Address,
Telephone, Fax No, E-mail ID etc, date of acceptance of tender and actual date of
completion. This shall be duly signed by proprietor/all partners/ authrorised Director
of Pvt/Public Ltd, as applicable. Tt should indicate whether extension was granted or
Compensation was levied. Attested copy of ‘acceptance letter and completion
Certificate shall be enclosed of each work. In
