CONTENTS - Central Public Works Department

SECTION 23
(ii) However, the Sub-Divisional Officers, instead of Divisional Officers, can sign the agreements
for works costing within their powers “for and on behalf of the President of India” after the
tenders have been accepted by the competent authority. In case the tendered amount of a
tender, which was initially within Sub-Divisional Officer’s power of acceptance, goes beyond
his power and is accepted by the Executive Engineer, the contract will be signed by the Sub-
Divisional Officer after such acceptance by the Executive Engineer.
(2) Avoidance of delay
There should be no delay in executing the agreement as soon as a tender has been accepted by
the competent authority.
(3) Corrections in the tender papers
(i) The Divisional Officers/Sub-Divisional Officers should see that conditions not existing in the
approved tenders are not in any case allowed to be embodied in the agreements.
(ii) Before signing an agreement it must be ensured that no conditions are inserted which were
inadvertently omitted in the tender papers, though included in the NIT. Similarly, no errors,
which might have inadvertently crept in the NIT should be corrected.
(4) Recording of date of acceptance of tender in the agreement
The date of acceptance of tender as shown in the letters of acceptance of tender and award of
work issued to the contractor, which form part of the agreement, should be indicated in the space
at the bottom portion of Page 2 of agreement Form CPWD 7, 8 etc. as the case may be.
(5) Record of agreements
A record of the agreements drawn up should be kept in Form CPWD 42.
23.3 Supply of copies of contracts to contractors
(1) Two sets of contract documents should be prepared and signed by both the parties on each page.
One of the sets should be stamped “Original” and the other “Duplicate”. The duplicate copy should
be supplied to the contractor free of cost
(2) For any additional copies required by the contractor the following prices be charged for each copy:
(i) Works costing upto Rs. 1 lakh. Rs. 150/-
(ii) Works costing between Rs. 1 lakh and Rs. 50 lakhs. Rs. 500/-
(iii) Works costing more than Rs. 50 lakhs and upto Rs. 2 crores. Rs. 1000/-
(iv) Works costing above Rs. 2 crores. Rs. 1500/-
(3) The additional copies should not be marked as “Triplicate”, but should be certified as True copy.
23.4 Certification and safe custody of agreements
(1) Correctness of agreements
The agreements should be properly checked and compared in the office of the Executive Engineer/
Assistant Engineer with the Notice Inviting Tenders as approved by the competent authority. The
Divisional Accountant will be held personally responsible for any mistake that is found subsequently
after the agreement has been formally signed in respect of agreements signed by the Executive
Engineer. Also, he should ensure that before copies of the accepted agreements are forwarded to
the authorities concerned, they are complete in all respects.
(2) Custody of agreements
(i) The original contract documents should be kept in the personal custody of the Engineer-in-
Charge and should be given to the Divisional Accountant whenever required by him after
obtaining acknowledgement.
(3) Supply of certified copies of the agreement
(i) Certified copies of the agreements for which tenders are accepted by an authority higher than
the Divisional Officer should be furnished to that authority, by the Engineer-in-Charge. The
authority which accepted the tender, on receipt of the copy of agreement from the Divisional
Officer, will ensure that the agreement is in accordance with the accepted tender and if mistakes
are found, communicate the same to the Divisional Officer.
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