Enlistment Rules For Contractors

RULES OF ENLISTMENT OF CONTRACTORS IN PWD

RULES OF ENLISTMENT OF CONTRACTORS IN PWD 2007
1.0 Title
These rules shall be called the “Rules of Enlistment of Contractors in PWD, 2007” and shall come into force with effect from the date of notification in Tripura Gadget.
2.0 Short Title
Hereinafter these rules shall be referred to as “ Enlistment Rules 2007” for the sake of brevity.
3.0 Repeal and Saving
All rules regarding enlistment/revalidation of contractors in PWD, Tripura existing before coming into force of Enlistment Rules 2007 are repealed. Notwithstanding such repeal, the contractors already enlisted on the basis of rules hitherto in force shall continue to enjoy the status of enlisted contractors of PWD till the period of three years from the date of notification in Tripura Gadget. However, in regard to all other matters and further revalidation of their enlistment / revalidation, they shall be governed by the Enlistment Rules 2007. Applications received for enlistment upto the date of notification in Tripura gadget shall be processed on the basis of existing rules.
4.0 Applicability
Any unemployed Indian Individual, Sole Proprietorship Firm, Partnership Firm, Public Limited Company or a Private Limited Company is entitled to get enlistment as a contractor in PWD under these Rules provided the eligibility criteria and other conditions are satisfied. The enlisted contractors have to abide by all the rules made herein and as amended from time to time during the currency of their enlistment.
4.1
No individual, or a firm having such individual as one of the partners, who is a dismissed government servant; or removed from the approved list of contractors; or demoted to lower class; or having business banned/ suspended by any government department in the past; or convicted by a court of law shall be entitled for enlistment.
4.2
No Engineer or any other official employed in Engineering or Administrative duties in the Engineering Department of the Government of Tripura is allowed to work in the PWD either as contractor or as employee of a contractor for a period of two years after his retirement from Government service unless he has obtained prior permission of Government of Tripura to do so. Even after enlistment, if either the contractor or any of his employees is found to be a person who had not obtained the prior permission of Government of Tripura as aforesaid, the name of the contractor shall be removed from the list of enlisted contractors.
4.3
A contractor is not permitted to have enlistment in more than one class in PWD.
4.4
A contractor is not permitted to have enlistment in more than one name.
4.5
A partner of a firm or a director of a company enlisted as a contractor, cannot be a partner/director in any other enlisted firm/company
5. Scope
The enlistment of a contractor in PWD shall only entitle him to be considered for issue of tender papers subject to the conditions laid down in each individual Notice Inviting Tenders. It shall not confer any right on him either to be necessarily issued the tender papers or for award of work.
6. Enlistment Procedure
6.1
The contractor shall have to submit the application in a prescribed form (Annexure-I) to the enlistment authority, complete with all documents as per Annexure-II.
6.2
Incomplete applications and applications not accompanied with necessary documents are liable to be rejected without assigning any reason.
6.3
Subject to the eligibility criteria and other conditions laid down in the Enlistment Rules 2007, if the decision regarding enlistment is not conveyed within six months of date of receipt of application, for any reason not attributable to the contractor, a provisional enlistment for one year may be granted to the contractor. Such provisional enlistment may be cancelled without any notice if the contractor is found unfit for enlistment in the Department.
6.4
The enlistment authority shall have the right to independently verify the details furnished by the contractor and to get works done by the contractor inspected and/or to get such other reports as may be considered necessary.
6.5
If the enlistment authority finds the contractor suitable for enlistment, it shall issue the enlistment order duly signed in blue ink and, otherwise, send a letter of rejection of the application to the contractor. The decision of the enlistment authority shall be final and binding on the contractor/ applicant.
6.6
Notwithstanding above procedure, if the applicant for Class-V does not have the required experience, he shall be enlisted provisionally for one year during which he shall have to secure work of required magnitude to become eligible for regularisation of the enlistment. On satisfactory completion of the work his enlistment may be regularised for five years from the date of initial provisional enlistment depending upon his performance of the works done. In case the contractor is not able to secure any work in PWD during the year, his enlistment shall be automatically cancelled
7. Period of enlistment
The enlistment shall be valid for a period of 5 (five) years from the date of issue. The enlistment can, however, be revalidated in accordance with rules in this regard. Each revalidation shall be for a period of five years from the date of expiry of the previous enlistment / revalidation. The enlistment shall however remain opened to review by the enlistment authority and liable to termination, suspension or any other such action at any time if considered necessary by the enlistment authority, after issue of show cause notice returnable by 15 days time.
8.0 Classes
The enlistment shall be done in classes mentioned in Table-1.
9.0 Jurisdiction and Tendering Limits
The jurisdiction in which contractors enlisted in various classes shall be permitted to tender and the tendering limit upto which they shall be eligible to tender shall be as given in Table-1. The contractor shall be governed by the provisions existing at a particular point of time irrespective of when he was enlisted.
10.0 Authorities for Enlistment
Enlistment in different classes shall be done by different authorities. These are identified in Table in Table-1.
11.0 Eligibility Criteria
The contractors shall have to satisfy the minimum eligibility criteria specified in Table-1, before they can be considered for enlistment.
11.1
The criterion for experience shall be the completion of three or two works, as the case may be, of prescribed nature and magnitude executed on contract basis, during the last five years without levy of compensation . The works should have been executed in the same name & style in which the enlistment/ upgradation is sought.
11.2
The financial soundness shall be judged on the basis of the solvency certificate or the working capital certificate, as the case may be, issued by the Bankers of the contractor on the format prescribed in Annexure-V. Such certificate shall be issued by a scheduled bank and shall be submitted, in original, in a bank sealed cover, addressed to the enlistment authority.
11.3
The criteria for the experience and financial soundness existing on the date of receipt of application by the enlistment authority shall be the governing criteria for that applicant. Table-1 indicates the criteria as at present.
12.0 Enlistment Fee
The contractor shall have to pay a non-refundable enlistment fee by crossed Demand Draft drawn in favour of the Chief Engineer, PWD, Tripura. For various classes of enlistment, the fee is prescribed in Table-1. This fees is to be submitted along-with application form to the enlisting authority. In case of rejection, the DD will be forfeited by the government.
13.0 Change in Constitution of Firm
The contractor/ agency /firm shall not modify the existing partnership or enter into any fresh partnership without the prior approval of the enlistment authority. Such proposal, if any, shall be submitted in advance giving full details of the intended partnership/sole proprietorship along with the draft partnership deed/affidavit and documents as per Annexure-VI. Any change in status of the contractor as an ‘Individual’ or in constitution of the firm without prior approval of the enlistment authority will render the contractor/firm liable to be removed from the approved list of contractors.
13.1
If a firm is converted in two or more firms by any action of its partners, the new firm(s) or any separated partner(s) in his(their) individual/joint capacity shall have to apply for the enlistment afresh on the basis of work experience gained as a separate entity. Enlistment of original firm will stand cancelled on the day of issue new enlistment in favour of new firm/ individuals
13.2
If new partners are taken in the firm, each new partner shall have to satisfy the eligibility conditions mentioned in Rule 4.0.
13.3 If the number of original partners of a firm reduces to less than half due to any reason including death of partner(s), the enlistment of the firm shall be withdrawn.
14.0 Change in Address
(a) While applying for enlistment, the contractor should mention address of his Registered office as well as Head Office, if different. All documents i.e. PTCC, Solvency Certificate etc. should bear one of the above addresses, otherwise the same shall not be accepted.
(b) The contractor shall intimate the change, if any, in any of the above addresses, in advance or maximum within one month of such change. Failure to do so may result in removal of his name from the approved list of contractors.
15.0
Near Relatives Working in PWD Contractors whose near relatives are Divisional Accountant or Engineering Officers between the grades of Executive Engineer and Junior Engineer (both inclusive) in the Public Works Department will not be allowed to tender for works if the division responsible for award and execution of contract is the one where the near relative is working. For this purpose a near relative shall mean wife, husband, parents, grand parents, children, grand children, brothers, sisters, uncles, aunts, cousins and their corresponding in-laws.
16.0 Review of Approved List of Contractors
The contractor shall be required to secure works of appropriate magnitude in PWD during the revalidation/enlistment period. Contractors shall be liable to be weeded out for non-observance of enlistment rules. For this purpose the enlistment authority shall have the power to periodically review the approved list of contractors.
17.0 Revalidation of Enlistment
The validity of initial enlistment of the contractor shall be as given in para 7.0. It shall, however, be revalidated on merits if desired by the contractor. Only the contractor who has secured at least one work of appropriate magnitude in PWD, Agriculture department, Rural Development deptt. CPWD, MES, Railways, TTAADC and other state/ central govt. organisations during the period of enlistment or last revalidation period of enlistment as the case may be, shall be considered for revalidation.
17.1 Application for Revalidation
17.1.1
The contractor shall apply for revalidation of his enlistment in the prescribed form (Annexure-VIII) along-with all documents as per Annexure-IX, so as to reach the enlistment authority at least 6 months before the date of expiry of his enlistment. In cases, where enlistment/revalidation is expiring between First January and 30th June, applications received after 31st December (of the previous year) but before expiry of enlistment, can be accepted with late fee only. Similarly, in cases, where enlistment/revalidation is expiring between First July and 31st December, applications received after 30th June but before expiry of enlistment, can be accepted with late fee only.
17.1.2
In cases where the application is received after date of expiry of enlistment/revalidation, but within three months of expiry, the application can be accepted with double the late fee. Applications received, thereafter, shall not be accepted and contractor should apply for fresh enlistment, as per rules.
17.1.3
Late fee shall be Rs.1000/- for class I and Rs. 500/- for other classes. This is payable in the form of Demand Draft in favour of the authority, as authorised by enlisting authority.
17.1.4
On receipt of application for revalidation, complete in all respect and with all necessary documents, provisional extension upto 30th June or 31st December may be issued depending upon whether the enlistment is expiring in the first half year or second half year respectively.
18.0 Performance Reports
18.1
The Contractor should fill the details of each of the work, of appropriate magnitude, secured by him during the last revalidation/enlistment period, in the proforma as given in Annexure-VII.
18.2
The list should include all works secured by him during the above-mentioned period. In case, the contractor hides any information, his revalidation will be liable to be cancelled.
18.3
The contractor should fill up the details in the proforma as given in Annexure-VII, in duplicate. For each work, separate proforma should be filled. One copy of all the proformas should be given to the concerned Executive Engineer of the division, in which the work was executed and the acknowledgement obtained on the second copy of the proforma. This 2nd copy should then be submitted to the enlisting authority alongwith the application for revalidation.
18.4
The Executive Engineer should fill up the proforma and submit to the Enlisting Authority through his SE, within two weeks of receipt of proforma.
19.0
Revalidation Procedure The revalidation shall be done on the basis of review of the performance of the contractor pertaining to the period of enlistment/revalidation,. Cases shall be categorised and action taken as below:
(i) Category ‘A’
Enlistment of such contractors, who secure work(s) of appropriate magnitude during the period of enlistment/revalidation shall be considered for revalidation for a period of five years subject to evaluation of their performance.
(ii) Category ‘B’
Enlistment of contractors, who secured work(s) of appropriate magnitude recently, in the final year of their enlistment, because of which the performance cannot be properly judged, shall be extended for one year for watching the performance and then revalidated for four years, if found satisfactory.
(iii) Category ‘C’
A contractor who could not secure any work during the enlistment period but submitted three or more tenders (out of which at least 2 tenders should be during the first four years of enlistment/revalidation) for works of appropriate magnitude shall be eligible for extension of enlistment for one year, provided he was among the three lowest tenderers in at least one work, so as to enable him to try to secure at least one work. After one year, he shall be regulated in the following manner :
a) If he has not been able to secure any work of appropriate magnitude during the extended one year, his enlistment shall stand cancelled and he shall be entitled to apply for fresh enlistment only after one year of expiry of his extended enlistment.
b) If he has secured at least one work of appropriate magnitude during the extended one year, he shall be granted extension of one more year so as to watch his performance. After this one year, when his performance report is available, the same shall be evaluated and if found satisfactory, the enlistment shall be revalidated for three years.
For the purpose of (iii) above, the contractor should submit certificate in original from the concerned Executive Engineer in the proforma as given in Annexure- X.
20.0 Contractor’s Obligations
The Contractor should fulfil all his obligations under these rules in time and manner as specified, failing which he shall be liable for the action as mentioned therein. Some of the obligations are summarised below:
a) Prior approval shall be obtained from the enlisting authority before changing the constitution of the firm/company.
b) Intimation of change of address should be given in advance or within one month.
c) He should secure at least one work of specified magnitude during the period of enlistment/revalidation.
d) He shall abide by these rules.
e) He should not indulge in unethical practices.
f) He shall execute the works awarded to him strictly as per the terms and conditions of the contract and specifications.
21.0 Disciplinary Actions
The contractor shall have to abide by all the rules of enlistment and also by the terms and conditions of the contract and the Notice Inviting Tenders. He shall have to execute the works satisfactorily, on time and with good quality. The enlisting authority shall have the right to demote a contractor to a lower class, suspend business with him for any period, debar him or remove his name from the approved list of contractors after issue of show cause notice. Decision of the department shall be final and binding on the contractor. The following actions of the contractor shall, in general, make him liable to disciplinary actions:
21.1
Demotion to a lower class
The contractor shall be liable to demotion to a lower class, by the enlisting authority, if he:
a. fails to execute a contract or executes it unsatisfactorily or is proved to be responsible for constructional defects; or
b. no longer has adequate equipment, technical personnel or financial resources; or
c. is litigious by nature; or
d. violates any important condition of contract; or
e. quotes absurd rates and makes too many corrections in the tenders.
f. Misuses his enlistment/registration and tacitly allows others to quote rates/ executes works in his name,
g. Impersonates manipulations even remotely in the process of tenders
h. is responsible for a conduct which may justify his demotion to a lower class.
21.2
Suspension of business
The enlistment authority may suspend business with a contractor for indefinite period where, pending full enquiry into the allegations, the enlistment authority is prima facie of the view that the contractor is guilty of an offence in relation to business dealings which, when established would result in his removal/banning business and it is not considered desirable to entrust new works or continue business with the contractor.
The enlistment authority may debar the contractor in competing the tender of the balance work of the earlier work, which was awarded to him and subsequently closed/ rescinded by the department due to fault on the side of the contractor.
21.3
Removal from the approved list
The name of the contractor may be removed from the approved list of contractors, by the enlisting authority, if he:
a. has, on more than one occasion, failed to execute a contract or has executed it unsatisfactorily; or
b. is proved to be responsible for constructional defects in two or more works; or
c. persistently violates any important conditions of the contract; or
d. fails to abide by the conditions of enlistment; or
e. is found to have given false particulars at the time of enlistment; or
f. has indulged in any type of forgery or falsification of records; or
g. changes constitution of the firm or Individual without prior approval of the enlistment authority; or
h. changes permanent address / business address without intimation to the enlistment authority; or
i. is declared or is in the process of being declared bankrupt, insolvent, wound up, dissolved or partitioned; or
j. persistently violates the labour regulations and rules, or
k. is involved in complaints of serious nature received from other departments which prima facie appear to be true.
l. Default in settlement of tax dues like income tax, Contract tax, sales tax, octroi, duties etc.
22.0 Revision of the Rules
CE, PWD, (R&B), Tripura may modify, add, delete and/or change any of the above rules and same shall be binding on all enlisted contractors.

 

Downloads

1. Application for enlistment as contractor(Annexure1-2-3)
2. Client's certificate regarding performance of contractor(Annexure 4)
3. Form of solvancy certificate from a scheduled bank(Annexure 5)
4. For change of Constitution list of documents/information required to be submitted Proforma for giving certificate for tenders submitted by the contractor(Annexure 6-10)
5. Contractors performance report for works completed for revalidation of enlistment
6. Application for revalidation of enlistment(Annexure 8-9)

 

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