Construc)on
Management-Project
Implementa)on
Tendering
:-The
points
to
be
kept
in
view
in
issue,
receipt
&
acceptance
of
tender
documents
are
enumerated
below:-
No)ces
invi)ng
Applica)ons
for
issue
of
Tenders-
Published
in
News
papers
&
Indian
Trade
Journal.
In
addi)on,
published
in
respec)ve
web
sites
!on
other
than
of
tender
(
normally
Selec)on
of
Contractors
for
issue
through
tender
selec)on
CommiIee).
Rejec)on
of
Applica)on
for
issue
of
tender
is
done
by
the
accep)ng
ocer.
Issue
of
Tender
documents
on
payment(mostly)
Period
of
submission
of
Tenders
etc
is
specied
in
tender
document
Construc)on
Management-Project
Implementa)on
(Contd)
Tenders
accompanied
with
Earnest
Money
is
to
be
submiIed
by
the
contractors
on
or
before
specied
date
&
)me
given
in
tender
Documents.
Tender
scru)ny
&
acceptance
of
tenders
Re-tender
of
Tender
(
If
required)
Dispatch
of
Acceptance
leIer
2
Legal
Requirements,
Types
of
Contracts
Deni)on
of
Contract
:-
Every
set
of
promises
forming
considera)on
for
each
other
is
an
agreement
An
agreement
which
is
enforceable
by
law
is
a
Contract
An
agreement
if
made
with
free
consent
of
par)es
competent
to
contract
,
for
a
lawful
considera)on
&
with
a
lawful
object
is
a
contract.
Legal
Requirements:-
Par)es
-
Existence
of
two
or
more
par)es.
Par)es
to
be
competent
Considera)on-
Promise
or
set
of
promises
made
Other
Requirements-
like
must
not
be
in
restraint
of
legal
proceedings,
uncertain
meaning
of
contract
Act
etc.
3
Legal
Requirements,
Types
of
Contracts
(Contd)
Contract
Voidable
at
Incep)on--
When
Consent
caused
by-
Fraud
Coercion
Mis-representa)on
Undue
Inuences
Contract
Voidable
by
subsequent
default
When
Oer
of
performance
not
accepted
One
party
prevents
performance
of
reciprocal
promise
When
A
party
fails
to
perform
at
the
)me
xed
4
Types
of
Contracts
Lumpsum
Contracts:-
Based
on
Bills
of
Quan))es
(BQ)
Based
on
pre-pricing
Based
on
Drawings
&
Specica)ons
Sale
of
Buildings
for
demoli)on,
removal
&
clearance
of
site
Piece
work
for
specic
job
Contracts
for
Specialist
consultancy
services
5
Types
of
Contracts(Contd)
Mseasurement
Contracts
Item
rate
Contracts
Term
Contract
for
ar!cers
Work(TC)
Percentage
rate
Contract
Rate
contract
for
supply
of
stores,
materials
&
furniture
Contract
for
handling
&
conveyance
of
stores
Piece-work
Contract
Agreement
for
appointment
of
auc!oneers
for
disposal
of
surplus
buildings
6
Prepara)on
of
Tender
Documents- Important
Provisions
Devia)on
limit
Schedule
of
Minimum
fair
wages
Schedule
of
Supplementary
Rates
Appoin)ng
authority
for
appoin)ng
Arbitrators
Instruc)ons
to
Tenderers
Correct
pre-pricing
(
Contracts
based
on
Pre- priced
Schedule)
Contd
7
Prepara)on
of
Tender
Documents- Important
Provisions
(Contd)
Correct
Quan))es
(in
Item
rate
Contracts)
Issue
of
Stores,
T
&
P
on
hire
to
Contractors
Hire
of
Transport
Materials
obtained
from
Demoli)on
of
Buildings.
schedule
of
supplementary
rates
General
Condi)ons
of
Contract(IAFW-2249)
Special
condi)ons(including
yard
s)cks
)
Par)cular
Specica)on
List
of
Drawings
applicable
8
Categories
Of
Persons
&
Bodies
who
are
par)es
to
Contract
Individuals
Partnerships-An
associa)on
of
two
or
more
individuals
formed
for
doing
Business
Limited
Companies-Associa)ons
of
individuals
registered
under
Companies
Act
Corpora)ons
other
than
Limited
Companies-
Associa)ons
of
individuals
incorporated
under
statutes
such
as
Trade
Union
Act,
Co-opera)ve
socie)es
Act
&
Socie)es
Registra)on
Act
9
Earnest
Money
Deposit
(EMD)
EMD
is
also
known
as
Bid
Security.
To
safeguard
against
a
bidders
withdrawing/altering
its
bid
during
the
bid
validity
period
in
the
case
of
adver)sed
or
limited
tender
Enquiry
,
EMD
is
obtained
from
the
bidders
,
except
those
who
are
registered
w
ith
Department
concern.
An
amount
of
EMD
is
normally
2
to
5%
of
es)mated
cost.
EMD
is
accepted
as
D/D,
Fixed
deposit,
Bankers
cheque
or
Bank
Guarantee.
Valid
for
a
period
of
45days
beyond
nal
tender
validity
period.
10
Performance
Security
To
ensure
due
performance
of
the
contract
,
Performance
Security
is
obtained
from
successful
Bidder,
awarded
the
contract.
An
amount
is
5
to
10%
of
value
of
contract.
Normally
remain
valid
for
a
period
of
60
days
,
beyond
date
of
comple)on
of
over
all
contractual
obliga)on.
The
security
is
forfeited
&
credited
,
in
the
event
of
Breach
of
contract.
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