How To "Write" the model tender provisions

 Contract Conditions

How To "Write" the Model Tender provisions ?

      Note:- This Article is written by Shri. N.V.Merani sir, m just digitizing it.

        Have you wondered about the exact purpose and the purpose of the repeated phrase "etc.complete" and "as directed by the Engineer-In-Charge" in our contract documents? the first half denotes the bankruptcy of the writer who had exhausted himself on the details of the requirements of a particular specification/item and cannot think of anything of relevance to add except "etc.complete" the second half (as directed) on the other hand Can denote a number of things e.g. either the Engineer-In-Charge is undecided/ignorant to say right now what he wants and leaves the space leaves this difficult task for his successor to decide in due course or if he is not lucky enough to be transferred till then, reserves his right to say it as wisdom after the event or if you want to be uncharitable to him, he wants is this vogue and totally flexible tool to twist to his selfish advantage and when the opportunity arises, be that as it may the basic requirement of mode of specifications is an abundant sprinkling of "etc. complete" and "as a directed by Engineer-In-Charge" phrases into the text wherever needed as well as where not needed. A specification without this phrase is incomplete.

        what are the other explicit and implicit requirements of tender documents? Here is the checklist [or is it a chook (mistake 😈) list] for a quick test to judge the quality of your N.I.T. documents and the 'specific' of your specifications.

CHOOK LIST for drafting fair(y) Specifications

A.General

Sr. No.	Description	Remarks
1	Does the Phrase "etc. complete" and " as directed by Engineer-In-Charge" occur at least a dozen time in each section ?	Yes/No
2	Is the liability and the responsibility for consequences as a result for mistakes, inaccuracies, contradictions, unsafe provisions, impractical specifications, wrong sitting, unsound design etc. left squarely at contractors door?	Yes/No
3	Is it provided that the contractor shall at his own cost, comply with all rules, regulations, laws, bye-laws, requirements of any public body, state government, Central Government, past, present and future and whose names may be known unknown or unheard of?	Yes/No
4	Is a clear indication given to the contractor about the esteem in which he is held by Engineer-In-Charge by providing usual clauses, such as double locking arrangements on materials issued to him even after he is paying the cost, no work being permissible in absence of Engineer-In-Charge representatives, full payments for items never to be allowed in running bills, mistakes in quoting always to be interpreted to contractor's disadvantage etc. ?	Yes/No

B.Definitions

Sr. No.	Description	Remarks
5	Does the definition of "Engineer-In-Charge" include officer above or below him, his office staff, his agents, family members, friends, "Chamchas" politicians of ruling as well as opposition parties, man-on-the-street in timely or remotely connected, visitors on the job and that any suggestions/directions verbal or in writing by any of them shall be faithfully implemented by contractors as if it were from the "Engineer-In-Charge" without any demur or extra cost?	Yes/No
6	Is the definition of "Contractor" inclusive of his partners, employees, family members, ancestors, descendants, heirs, executors, drivers, servants and that each of these bind himself to the conditions in the tender documents and to obey "Engineer-In-Charge's" directions?	Yes/No
7	Is it provided that the 'direction' of "Engineer-In-Charge" includes his instructions, desire, wish, fancy, whim, dream, brain-wave and that he has the sole right to go back upon or change his mind or cancel his 'direction' earlier given whether verbal or in writing without any notice or reason or claim?	Yes/No

C.Site Conditions and Data

Sr. No.	Description	Remarks
8	It is stipulated that the contractor has quoted on the clear understanding that notwithstanding the inadequacy of tender notice period, he has fully investigated the site condition and has satisfied himself about the topography, Terrain, Geography, Geology, history, Ecology, soil and subsoil condition, archaeology, weather, climate, rainfall, Tides, floods, seismic zones, dimensions, levels, labour conditions, nature of all existing and proposed works, underground services like cables, pipes, sewers and all other things that can be easily listed once the actual execution is completed either affecting or not affecting the work to be done and particularly all such things as the "Engineer-In-Charge" has had no time, will or capacity to investigate, Discover or foresee before inviting the tender?	Yes/No
9	Further to (8) above, is it it simultaneously provided that the "Engineer-In-Charge" owns no responsibility for correctness, adequacy or clarify of the data given in N.I.T. which is merely for information (without commitment) and that the contractor shall be Deemed to have independently re-verified and re-calculated on his own all data, quantities, dimensions, figures, plans shown in NIT documents and has provided for all eventualities real or imaginary, labour, material, plant, equipment, machinery and resources for entire completion of the work whether or not any such items appear in plants or specifications.	Yes/No

D.Specifications

Sr. No.	Description	Remarks
10	Do the specifications for materials provide for the best that can be imagine irrespective of availability in local or national market and that despite the ideal provisions in the specifications acceptable material will be what the "Engineer-In-Charge" declares acceptable which itself is liable to vary from person?	Yes/No
11	Is it provided that notwithstanding the detailed specifications and provisions of N.I.T. the engineer in charge at all time insist on the contractor to comply with provisions of any handbook code of practice guideline and Manual published in the country or abroad or in draft stage ?	Yes/No
12	Is it stated that the whole and every part of the work is to be carried out by the contractor to the entire satisfaction of "Engineer-In-Charge" and his directions if at all he has so chooses to give and in case of any doubt, dispute or difference, the "Engineer-In-Charge" will be sole judge and arbitrator of all actions including his own and his decision shall be final and binding on the contractor?	Yes/No
13	Is it provided that material/work once accepted by "Engineer-In-Charge" can be rejected by himself or his boss or his boss's boss and so on, any time after acceptance and Payment payment and the contractor shall make any change or adjustment in the work to suit their wishes in the ascending order or precedence?	Yes/No

E.Payments

Sr. No.	Description	Remarks
14	Is it specified that for any work completed economically and at low quote by contractor, he shall be paid at reduced rate while any excess cost involved in completing an item shall not be paid to him ?	Yes/No
15	Is it provided that the "Engineer-In-Charge" in his unchallengeable discretion can with hold part or full payment for any item during progress of work for any reason however flimsy or for no reason at all ?	Yes/No
16	Is it stipulated that the final payment will be made to contractor only after everybody other than and including those covered under the definition of "Engineer-In-Charge" in (5) above, but except the contractor is satisfied and that if the contractor is interested in getting his bill settled, he should blindly sign the bill on the dotted line without protest, demur, Murmur for opening his eyes ?	Yes/No
17	Is it implied, without explicitly saying so that the "Engineer-In-Charge" has no right to make payments, whenever in company of contractor or his representative for tea, refreshment, food, entertainment, transport, Charity shows, subscriptions, contributions and other incidental items suggested by the contractor for the "Engineer-In-Charge" definition as per (5) above?	Yes/No
18	Is it laid down that in case of delay in completion of work, the contractor shall be liable to pay compensation but at the same time he shall not be entitled to either any bonus for any early completion or any claim for delays caused by "Engineer-In-Charge" in giving his decision, detailed design/working drawings, supply of Scheduled materials, handling over unencumbered site, releasing payments etc.	Yes/No
19	Are the slips containing the following standard declarations to be signed by the contractor was attached to NIT documents?	Yes/No

Point 19 talks about Document certifying that,

1. I clearly understand that the word "Engineer-In-Charge" occurring in this documents is also intended to connote and carry the force of 'Emperor-In-Command'.
2. I hereby forgot my rights of self respect and convenience and undertake to make myself available at site whenever "Engineer-In-Charge" or his lowest of the low employee chooses to visit site, be it early morning or late evening and be it a holiday or a holy day.
3. I clearly understand that whenever anything is to be discussed between me and "Engineer-In-Charge" for his lowest of the low employee, invariably I shall have to go to their office/abode at their convenience and never the other way around.
4. I declare that the rates quoted in this tender are inclusive of all taxes, levies, tolls, fees etc. leviable presently or as may become leviable in future any increase in out of materials, labour and machinery and I shall not be entitled to claim anything extra on this amount.
5. I understand clearly that while quoting, I have no right to change any conditions or provisions in these documents, however unreasonable/irrational/unfair/illegal it might be.

 

                                                                             signature of contractor 

Note by Merani Sir:- If you think that reply to any of the above points in any tender documents can be in the negative, it shows that you have not had enough experience as "Engineer-In-Charge" or contractor (as the case may be).