CONTENTS - Central Public Works Department

210 SECTION 33
33.11.3 Procedure for sanction of items
(1) On receipt of the items duly supported by analysis of rate from the contractor as intimated by him
under clause 12.2 of the contract, the Engineer-in-charge should consider whether the rates
demanded therein are reasonable. If he is of the opinion that they are reasonable, he may agree to
the rates after consulting the competent authority. If on the other hand he is of the opinion that the
rates demanded are not reasonable and he does not agree to them, but agrees to the admissibility
of these items, he should determine the rates on the basis of the market rates within one month.
As far as possible, the market rate analysis should be based on coefficients given in the Delhi
Analysis of Rates.
(2) Clause 12.2 provides that in case of contract items, substituted items, contract-cum-substituted items,
which result in exceeding the limits specified in Schedule ‘F’, the contractor shall within 15 days from
the receipt of order or occurance of excess can claim revision of rates for the quantities exceeding the
deviation limit. Such claims should be submitted by him duly supported by analysis. The Engineer-incharge
shall revise the rates based on market rates within one month of receipt of such claims.
(3) The contractor on no account shall suspend the work on the plea of non-settlement of rates of
items.
(4) For operation of this clause, the following points may be necessary:
(i) There should be written order for deviation.
(ii) The contractor is to apply for revision of rates supported by analysis within 15 days after
receipt of such communication.
(iii) The rates for deviated quantities beyond deviation limits are to be based on market rates.
(iv) The work shall not be suspended on the plea of non-settlement of rates.
(v) The rates shall be revised only for the quantities beyond the deviation limits, and only if all the
limits specified in Schedule ‘F’ are exceeded. It should be noted that the whole operation of
clause 12 for deviation is for works which appear necessary in the execution of work specified
in scope of work.
33.12 Clause 16 of Forms no. CPWD 7 & 8
(1) This is an important clause that casts an obligation on the contractor and the departmental staff to
ensure execution of quality work.
(2) Under this clause the contractor may be required to make good the defects in work at his own
expenses, or re-execute the work if it is not in accordance with the specifications, designs, etc.
(3) The clause authorizes the Engineer-in-charge to offer lower rates to the contractor for work done
that is not conforming to specifications, if the work so done is otherwise acceptable to the
Department.
(4) This clause empowers the Engineer-in-charge to ask the contractor to rectify or re-do the defective
work, and in the event of his failing to do so within the period to be specified by the Engineer-incharge
in his demand, the contractor shall be liable to pay compensation at the rate specified in
clause 2 while his failure to do so continues, and in case of any such failure the Engineer-in-charge
may rectify, remove or re-execute the work at the risk and expenses of the contractor. Notice to the
contractor of the intention to recover compensation is not necessary under this clause.
(5) The Superintending Engineer has not been given any power to reduce or waive compensation
levied by the Executive Engineer under this clause.