Propuesta de mejoras para el proceso de capacitación de la fuerza de ventas

dispensing with lenders as follows subject to the provisions of Para !76(e) APPW 'D' Code.

Para 1541 Works 69

1. Such items of work that are found necessary after letting out a contract and cannot be taken up for execution independently without interfering with The original work let out and have necessity to be executed along with the original contract shall be considered as 'Supplemental items of work contingent of the original contract'.

2. Supplemental items of work contingent on the main contract have to be necessarily carried out through Ihe original contractor as 'authorised extra' by entertaining No a supplemental agreement(s). The power for executing original contracts according to delegation of powers ia farce regarding of who has executed the main contract in a given case, subject to however, to the condition that if the net effect of supplemental agreements to be entered into is to enhance the total value of work under the main and supplemental agreement to such an extent at sanction to revised estimate is required to a higher authority than sanction of the revised estimate from the higher authority shall be obtained before entering into supplemental agreement(s).

3. Such items of works that are found necessary after letting out a work and be executed independently without affecting or interfering with the execution of the work let out. shall be considered as 'Additional items to work not contingent on the original contracts'. Such additional items of work may be lei out after call of tenders. However, if at tender call is considered undesirable and it is considered necessary to entrust the item of work on nomination to the original contractor involving the provision in Note (1) above it may be done so, provided the total value of such additional items does not exceed upto which the officers can entrust works without calling for tenders as per the delegation of powers in force. If the value of the items exceeds the limit, approval of the next higher authority shall be obtained. They can be executed only after separate estimate or a revised estimate or a workslip containing the additional items is sanctioned/approved by the competent authority. Entmslment of such items shall be at rate not exceeding the estimate rate,]

[Subs. by G-O.Ms.No. 169, TR, R&B(C!) Dept., Dt. 25-5-1981]

Now 7 :—(a) In the case of river conservancy works, reach-wise major estimates can be split up into the various working estimates, for different items of work. such as supply of stones, conveyance of stone by Punts along the River Channels or Canals and other miscellaneous works of pitching or packing stone or Earth work etc., where all these items of work cannot be successfully and speedily executed by one single contracting agency in time.

(b) In the case of collection of stone which has to be made at short notice, the agencies for supply of stone and its conveyance can be fixed in advance by calling for open tenders for rate contract quotations annually for the period from July to end of June each year on the analogy of the rate contracts awarded by Director-General of Supplies and Disposals, for supply of stone'mate rails and Tools and Plant articles.

(c) [For the other miscellaneous items of works and those involving labour and earth work etc,, reach-wise lenders may be called for. These tenders are to be compared with the basic rates and decided. The basic rates are arrived at by taking the average of the accepted tenders of the past three years].

[Subs. by G.O.Ms-No. 1169, P.W. (Code), Dt. 12-11-1973]

During the above mentioned period no plea by the tenderer for any sort of modifications of the tender based upon or arising out of any alleged misunderstanding or misconception of mistake or for any reason should be entertained-

[G.O.Ms.No, 2215, Public Works (V) Dept., Dt. 21-10-1964]

70 A.P. PUBLIC WORKS DEPARTMENT CODE

Instruction

(Memo.No. IOl/Y/70-1, Dl 201970)

Order:—The Accountant General, Andhra Pradesh suggested to Government that in the case of works let oul on nomination basis, an amount equal to 2'/; or 5 per can of the value of contract works has to be recovered from the contractors before the agreements in piece work or lumpsum forms respectively, are signed by competent authorities, as the provisions of parts 154 and 155 of the A.P.P.W.D. Code do not provide for the same. He desired that necessary clarification be made and the relevant rules in the P.W.D. Code be amplified.

2, In consultation with Chief Engineer (General) and Accountant General, Andhra Pradesh, the Government of Andhra Pradesh directs that:

(i) The Earnest Money Deposit should be collected in respect of nomination' contract as in the case ofK-2 contracts but, where this is not done. Le,, where 2'/;% is nor collected in advance, deductions must be made from each bill at 5%, and \

(ii) These orders do not apply to job works for Rs. 500 and less and for works' entrusted to special agencies of execution of like Bharat Sevak Samaj Labour Contract Cooperative Societies etc.

Instruction

(C.E.I's. dr. Meno-No.Rc.F]<2)/?7279/68. Dt. 24-7-1970) '

Order ;—Certain instances have come to the notice of the Government wherein officers of Public Works Department have awarded works on nomination by splitting up works when there was no response or poor response to tender calls for the entire work without again calling for tenders for the split up work.

The attention of The Chief Engineer is invited to the instructions issued in Government Memo.No. 553-N2/2, P.W.D., daied 17-3-1966 and Government Memo.No, 94-Y/ 66-4, P.W.D. dated 16-1-1967. The Departmental Officers were authorised to split up large works in such a manner that they are capable of independent execution without interference with the progress and actual execution of the other places into which the work might have been split up. The intention is that the small contractors with limited resources may also have the opportunity to compete with the bigger contractors and reduce monopolistic tendencies. In spite of instructions in Para 2 of the Government Memo No.

94/Y/66-4, P.W.D., dated 16-1-1967, the Departmental Officers shall continue to invite tenders for large works though they can be conveniently split up into parts as envisaged in the above instructions. After noticing that there is poor response or no response from the tenders, the officers split up the work and entrust them on nomination. This practice deprives the benefit of lower rates to the Government, had tenders been called for again after splitting up the works.

After careful consideration, the Government direct that the instruction issued in Government Memo. No. 94-Y-66-4, PWD, Dt. 16-1-1967 should be followed scrupulously. If, for any reason, it is not possible or convenient to slip up large works before calling for tenders and tenders are called for the entire work and there was no

Para 154] Works . 71

lenders calls and if it is considered that further calls will be fruitless, the Departiriental officer may allot the split up works on nomination to various contractors selected by him within the estimate rates as per Notes 1 and 4 of Para 154 ofA.P-W. 'D* Code, or execute such works deparlmenlally or through petty job works, supplying materials departmental ly.

The Chief Engineers under the administrative control of public Works Department and Public Works Department (Project Wing) are requested to ensure that the above instructions are scrupulously followed by all the officers concerned.

Instruction

(Memo.No. 759/Jrr. IV/2/75 8, Irrigation & Power Deps., Dt. 10-7-1975)

Order:—In the Chief Engineer, Major Irrigation & General's Circular Memo. First read above, the officers of the Department were instructed not to accept any tenders containing a rate more than about 15% above the sanctioned estimate rate for any individual item of work. The Superintending Engineers ofDowleshwaramandAnantapurcireieshave requested that the margin of 15% specified for each item in the Chief Engineer, Major Irrigation &

General, Circular Memo may be raised to 25% as the tendered rates for individual items of work are likely to exceed the sanctioned estimate rate by more than 15% due to several indefinite factors. The Chief Engineer, Roads & Buildings had also suggested a variation of 25% instead of 15 per cent stating that some times the schedule ofrales may not be realistic and further proposed that this 25 per cent variation from the estimate rate must apply both for excess rate as well as low rate quoted by the tenderer.

The Board of Chief Engineers have considered the above proposals of !he Superintending Engineer, Dowlaishwaram and Anantapur circle and the Chief Engineer, R & Q, in Iheir meeting held on 4-12-69 at Hyderabad and decided as follows :

1. To accept any tender containing a variation in rates of (plus) or (minus) 25%

of the sanctioned estimate rate for any individual items of Work-2, In respect of items of any lender where the variation in rates exceeds (plus)

Or (minus) 25% the specific approval of the next higher authority should be obtained, The Chief Engineer. Major Irrigation and General accordingly direct that the Officers of the P.W.D, Irrigation branch shall implement ihe above decisions of the Board of Chief Engineers with immediate effect in lieu of the instructions is issued in Chief Engineer. Major Irrigation General's Circular Memo,No.Rc,Fl(2)/77279/68, dated 3-10-1968.

Deviation from the above instructions will be viewed seriously and the officer accepting the tender will personally be responsible for any monetary loss to Government.

Instruction

(Memo.No. 1348/Y/68 4, Dt. 24-IS-1970)

Order:—The Chief Engineer, Major Irrigation and General is informed that no approval of Government is required for lenders which are within the competency of Chief Engineer even if individual rates are over + 25%. It is for the Chief Engineer to examine the tenders in all aspects as per the rates in force, and accept the tender. Acceptance of tenders with individual rates over 25% is the responsibility of the Chief Engineer, and he should record reasons in the comparative statements, in case such tenders are accepted by him.

72 A.P. PUBLIC WORKS DEPARTMENT CODE

Instruction

During scrutiny of tenders and revised estimates various irregularities committed by Departmental officers in acceptance of tenders, and preparation of estimates have come to the notice of Government, It is observed that the irregularities committed were mainly due to non-observance of the codal rules and instructions issued by the Government from time to time. The various irregularities noticed could be avoided if the departmental officers observed the codal rules scrupulously.

The various types of irregularities noticed and remedial measures to be adopted to avoid a recurrence of such irregularities are detailed below for the guidance of the Departmental Officers,

L ACCEPTANCE OF TENDERS - MAJOR IRREGULARITIES - REMEDIAL