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RHD Operational Procedure Zonal Operation Wing
 
Zonal Operations
 
OP/ZF/2.1 - Procurement of Contractors for GoB funded Works
 
Purpose and Scope :

This procedure covers the procurement of contractors by Field Divisions for GoB funded maintenance and development works. Specific RHD procedures relating to each stage in the procurement of contractors are contained in the Management Manuals for other Wings within RHD and are listed at the rear of, and within, this Procedure. This includes pre-construction actions needed to be taken by the "Engineer" prior to the commencement of the works on site.
 
Definitions :

Pre-qualification - the method of short listing of eligible contractors on the basis of their ability to undertake particular construction works in relation to set criteria for those works required by RHD.

Verification - Physical and other checks to determine whether or not information provided by a contractor is correct

New Contracting Procedure (NCP) - comprises Volumes 1-4 of the approved Standard Tender Documents (Sept.2001 incorporating approved updates/amendments)

Approved updates/amendments - comprises all changes, variations, or other amendments to the NCP that have been formally authorised by the Chief Engineer, RHD, for inclusion in all NCP contracts.

Changes - comprises any modifications, additions or other amendments to the NCP documents required for a particular project, all of which will require approval from CE-RHD.

RHD Committee on Purchase (RHDCOP) - a standing committee in RHD to advise the CE, RHD in matters of disposal of RHD contracts prior to the stage of award of contract. The committee is approved by the MoC.

Tender Opening Statement (TOS) - a record of the opening of tenders to be prepared generally by the Engineer and submitted to the concerned ACE on the same day as the opening of tenders. A standard format is attached to this Operating Procedure.

Tender Evaluation Committee (TEC) - a committee comprising a minimum of five members and headed by the Engineer (the authorised officer representing the Employer to administer the contract as per terms and conditions of the contract).

Tender Evaluation Report (TER) - an evaluation report on the tenders opened at the Tender Opening to be prepared by the Engineer and countersigned by the Superintending Officer.

"Engineer" - means the person appointed to act as the Engineer and named as such in the Contract Data.

"Works Contract" - means any form of maintenance or development contract where a contractor is to be appointed to undertake the works.
 
Responsibility :

Employer's Authorized Representative (EAR) - is the person who will be designated as the Engineer in the Tender Documents who will generally be the Executive Engineer of the Division if the works to be carried out are less than Tk3.0 crore, or the Superintending Engineer if the works are greater than Tk 3.0 crore.

The EAR will be responsible for the pre-qualification of contractors, the calling for tenders, the opening and evaluation of tenders, and the supervision and administration of the contract for the works.

Superintending Officer (SO) - will be the Additional Chief Engineer/Zone where the works are above Tk 3.0 crore or the Superintending Engineer/Circle where the works are below Tk3.0 crore.

The Superintending Officer will be responsible for ensuring that the EAR complies with all RHD procedures and regulations in the procurement of contractors.
 
Method :

4.1 GENERAL

The RHD procedures to be adopted in the procurement of contractors are outlined in the Operational Procedures for Procurement Circle contained in RHD Management Plan Volume 3 - Planning & Maintenance Wing Management Manual. These procedures are intended as a guideline and can be amended at any time by CE-RHD or as a result of new Government Regulations regarding the procurement of contractors. Accordingly the EAR for a proposed contract should ensure that they are in possession of the latest RHD Operational Procedures concerning procurement prior to commencement of any procurement process.

The following paragraphs briefly describe the key stages in the procurement process and the key issues that the EAR should comply with.

4.2 WORKS APPROVAL AND BUDGET ALLOCATIONS

The EAR for a proposed works contract should not commence the procurement process for contractors until the proposed works are included in an approved Revenue or Development programme with a corresponding approved budget, and the Annual Works Programme for the Zone (ref: OP/ZF/1.4).

Should land acquisition be required for the works, in view of the possible lengthy process to achieve this the procurement of contractors should not commence until an approved budget for the land acquisition has been obtained, and even then only after consultation with the District Commissioner with respect to the lead time for acquisition to take place (ref: OP/ZF/1.3).

Under no circumstances may a works contract be awarded to a contractor where land acquisition is involved and acquisition has not been completed without the formal approval of CE-RHD.

4.3 PRE-QUALIFICATION OF CONTRACTORS

The preferred method of tendering for GoB funded works is by open tendering from contractors who have the necessary capability, experience and resources to undertake the works. The particular requirements for individual contracts must be included in the tender documents for the contract, and the information provided by contractors to meet those requirements should be verified by the EAR for the contract as part of the tender evaluation.

It is mandatory that tenderers for RHD contracts be registered under the RHD/LGED Joint Registration Scheme for the scale of works involved. This does not necessarily mean that they are qualified to undertake particular contracts of a specialized nature.

However, since contractors have been known to provide false information in order to meet the qualification requirements, and since verification by the EAR can be time consuming, pre-qualification of contractors prior to advertising for tenders is appropriate for contracts involving works of a specialized nature.

In due course RHD may maintain a list of pre-qualified contractors for particular types of work that can be invited to tender for such works and the Zones/Divisions should consult RHD Procurement Circle to determine whether or not such a list exists prior to undertaking pre-qualification for a particular contract.

Where pre-qualification is to be undertaken by a Zone/Division this should be carried out in accordance with Operational Procedure OP/PC/2.1.

4.4 TENDER INVITATION NOTICE

A standard format for an RHD Tender Invitation Notice is contained in Volume 1 of the approved RHD Standard Tender Documents and this standard format should be used by the Zones/Divisions.

Invitations to tender should be advertised in at least one Bengali-language newspaper and in one English-language newspaper, both with wide circulation in the country, and on the RHD website. For open tendering contractors should be allowed 28 days to prepare their tenders before the closing date for tenders. For restricted tendering (where only pre-qualified contractors can tender) contractors should be allowed 21 days to prepare their tenders.

Both RHD Procurement Circle and RHD MIS & Estates Circle are responsible for maintaining the RHD Tender Notice Database. This is described in Operational Procedure OP/PC/2.5, which should be reviewed by the Zone/Division that proposes to float a tender prior to advertising. In any event the Executive Engineer/Contract Evaluation Division - Procurement Circle must be sent a copy of a proposed Tender Notice well in advance of it being sent for publication in the newspapers to check that it conforms to current RHD contract procedures.

4.5 PREPARATION OF TENDER DOCUMENTS

The manner in which tender documents are to be prepared for GoB funded projects is contained in RHD Procurement Circle Operational Procedure OP/PC/2.2.

Specifically, no changes or amendments to the RHD Standard Tender Documents are permitted unless these have been approved following the "Procedure for Amendments to the Tender Documents" contained in those standard documents.

4.6 EVALUATION OF TENDERS AND AWARD OF CONTRACT

The manner in which tender documents are to be opened and evaluated is contained in RHD Procurement Circle Operational Procedure OP/PC/2.3.

Tenders are to be evaluated by a Tender Evaluation Committee and following their recommendation for the award of the contract and certification of this by the Superintending Officer for the contract, the decision regarding the actual award will be made by the ACE-Zone, CE-RHD or Ministry of Communications depending on the contract value.

4.7 PROCUREMENT DOCUMENTATION

All procurement documentation for every contract let by RHD must be filed and stored for a number of years, and should be readily available for a post procurement review by independent consultants when required.

The requirements for this are covered by RHD Procurement Circle Operational Procedure OP/PC/3.1.

4.8 PRE-CONSTRUCTION ACTIONS

This procedure takes the form of a checklist of the main actions to be undertaken, or considered, by the Engineer for a proposed RHD maintenance or development works contract prior to the works starting on site. A number of the actions will not be applicable to some forms of contract (e.g. routine or minor periodic maintenance), but as a matter of good practice it is recommended that the Engineer at least consider all of the actions for every contract before deciding that particular actions are not applicable.

4.8.1 Actions Prior to the Award of Contract (Letter of Acceptance)

Confirm any required land acquisition procedures (including temporary way-leaves) have been completed and that the works site will be available at the commencement of the works.

Confirm that any pre-construction works by others (e.g. utility diversions, cross-drainage structures, etc.) have been completed.

Check that work to be undertaken by others during the course of the contract (e.g laying of new utility services) are programmed by them to coincide with the contract.

Undertake a review of the contract documents to ensure familiarity with them, and prepare a checklist that supervision staff should follow for the main types of work activities.

Check that the required RHD supervision staff for the contract will be available and that they have had the appropriate training/experience for their respective duties.

4.8.2 Actions Prior to Signing of the Contract Agreement

Request copies of all insurance policies, securities, bonds and guarantees from the Contractor under the terms of the Contract and confirm their compliance with the Contract.

If the Engineer's Representative and supporting supervision staff for the Contract are to be consultants appointed for the purpose, notify the Contractor of this fact and the Engineer's powers that are to be delegated to the consultants.

4.8.3 Actions following the Signing of the Contract Agreement

Request works programme for contractor and corresponding deployment of plant, equipment and machinery for the duration of the contract (to be submitted within the period stated in the Contract).

Request details of senior site management from the contractor including contact details (telephone, fax, e-mail) for them and the contractor's Head Office.

Request details from the contractor for proposed haulage routes, traffic management arrangements and environmental controls.

Confirm the required facilities for the Engineer, including site laboratory and equipment, that are to be provided by the contractor prior to commencement of the works.

Arrange a pre-construction site meeting with the contractor to agree changes to the above required by the Engineer.

4.8.4 Actions following mobilization of the contractor and prior to the start of the works

Confirm that facilities for the Engineer have been provided in accordance with the requirements of the contract.

Confirm that traffic diversions, warning signs, lighting, safety measures and other traffic management measures/ facilities are in place or on site ready for use.
 
References :

OP/PC/2.1 - Pre-qualification of Contractors for GoB Funded Projects

OP/PC/2.2 - Preparation of Tender Documents for GoB Funded Projects

OP/PC/2.3 - Evaluation of Tenders

OP/PC/2.5 - Maintenance of Tender Notice Database

OP/PC/3.1 - Maintenance of Procurement Documentation

RHD Standard Tender Documents (The "New Contract Procedures"), Volume 1 to 4.
 
Procedure Flowchart :

The procedure flowchart for this procedure is detailed below -
 


 


 

 

For duties associated with each grade of personnel see

 

Updated on : 1/12/2003

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