Registration of Contractor in I & FC Department
I & FC Deptt. issues tender documents to only those contractors, who are registered in the I&FC Deptt. or their registration with CPWD, PWD (NCT of Delhi), MES duly got verified by I&FC Deptt.
The contractors enlisted in various categories (classes) are entitled to submit their tenders, as per the financial limits of estimated cost shown below:
Class I - upto Rs. 20.00 Crore
Class II - upto Rs. 5.00 Crore
Class III - upto Rs. 150.00 lac
Class IV - upto Rs. 60.00 lac
Class V - upto Rs. 15.00 lac
I & FC Deptt., at present is registering/enlisting contractors only between class II to class V category, as per the procedure of Enlistment Rules given below:
These rules shall be called the “Rules of Enlistment of Contractors in I&FC Deptt. 2005” and shall come into force with effect from the 10th day of May, 2005.
Hereinwith these rules shall be referred to as “Enlistment Rules 2005” for the sake of brevity.
3. Repeal and Saving:
1. All rules regarding enlistment/revalidation of contractors in I&FC existing before coming into force of Enlistment Rules 2005 are repealed by Enlistment Rule 2005.
- 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 I&FC till the period of such enlistment, including revalidation/extension granted before coming into effect of the Enlistment Rules 2005, expires. However, in regard to all other matters and further revalidation of their enlistment/ revalidation, they shall be governed by the Enlistment Rules 2005.
- And also, notwithstanding such repeal, application’s as listed below shall be processed on the basis of Enlistment Rule 2001 and amendments issued from time to time and provisionally enlisted/revalidated if found fit subject to the conditions that contractor so enlisted/revalidated will have to satisfy the criteria as provided in Enlistment Rules 2005 with in 18 month from the date of effect of Enlistment Rules 2005 in respect of Bankers Certificate, T&P and engineering establishment and within 36 months from the date of effect of enlistment Rules 2005, failing which their provisional enlistment/revalidation will be treated as cancelled:-
(i) Application for Enlistment received with all required documents on or
Before 10.05.05 but not finalized before issue of Enlistment Rules 2005.
(ii) Application for Revalidation received with on or before effect of Enlistment Rules 2005 but not finalized.
(iii) Application for Revalidation of Enlistment received after the date of effect of Enlistment Rules 2005 and up to 36 month from the date of issue of Enlistment Rules 205 will have to satisfy the criteria as mentioned above within balance time available out of schedule indicated above.
Any Indian Individual, Sole Proprietorship Firm, Partnership Firm, Public Limited Company or a Private Limited company is entitled to get enlistment as a contractor in I&F.C. 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. However, cases where disciplinary action was taken against the contractor for a specified period and such penalty period is already over, his case for enlistment/revalidation can be considered.
4.1.1. If two or more individuals form a partnership firm, and if any of the partners is having required work experience to become eligible for enlistment in any category in which enlistment is sought, their case shall be considered for enlistment of the partnership firm subject to fulfillment of other laid down criteria.
4.2. No Engineer or any other official employed in Engineering or Administrative duties in the Engineering Department of the Government of India/State Govt. is allowed to work in the I&FC 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 Govt. of India/State Govt. 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 Govt. of India/State Govt. as aforesaid, the name of the contractor shall be removed from the list of enlisted contractors.
4.3. A contractor is permitted to have enlistment in more than one category and under more than one enlistment authority but not in more than one class of the same category in I&FC.
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 partner/director in any other enlisted firm/company in I&FC Deptt.
4.6. A contractor will not be enlisted if it was enlisted in any category or class earlier but had remained inactive in I&FC during its previous enlistment period.
The enlistment of a contractor in I&F.C. 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 (Download Annexure-I) to the enlistment authority, complete with all documents as per Download Annexure-II.
6.2. In complete applications and applications not accompanied with necessary documents are liable to be rejected.
6.3. All verification, submission of reports etc are to be pursued by the applicant, any delay on account of delay in verification submission of reports etc will not entitle applicant for any type of enlistment.
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 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.
6.6. The enlisting authority reserves right to limit number of contractor to be enlisted in an class or category on All State/ Location basis or any other manner decided by the department.
6.7. Enlistment of contractors in the department be closed at any point of time. While closing the enlistment, the department may have a reserved list of eligible contractors from the pending applications. Out of this contractors may be enlisted depending on requirement in a particular area or for the NCT as a whole.
7. Period of enlistment:
The enlistment shall be valid for a period of four years. The enlistment can, however, be revalidated in accordance with rules in this regard. Each revalidation shall be for a period of three years from the date of expiry of the previous enlistment/revalidation. The enlistment shall be open 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.
8. Categories & Classes:
The enlistment shall be done in the categories and classes mentioned in Table-I.
9. Jurisdiction and Tendering Limit:
The jurisdiction in which contractors enlisted in various categories and classes shall be permitted to tender and the tendering limit up to which they shall be eligible to tender are as given in Table-I.
The contractor shall be governed by the provisions existing at a particular point of time irrespective of when he was enlisted.10.
10. Authorities for Enlistment:
Enlistment in different categories and classes shall be done by Chief Engineer (I&FC) Govt. of Delhi.
11. Eligibility Criteria:
The contractors shall have to satisfy the minimum eligibility criteria specified in Table-I., before they can be considered for enlistment. All contractors are expected to keep abreast with enlistment/revalidation rules modified from time to time.
11.1. The criteria for experience, in case of enlistment, shall be the completion of requisite number of works, as the case may be prescribed nature and magnitude executed on independent contract basis or as a builder, during the fast five years. The works should have been executed in the same name and style in which the enlistment is sought or all the eligible work(s) should have been secured in the name of any one of the partner. Enlistment of an individual in corresponding category may also be done based on his Technical Qualification in lieu of experience of completion of works in last 5 years but other eligibility criteria remaining the same.
11.2. The financial soundness shall be judged on the basis of the Banker's certificate or the working capital certificate, as the case may be, issued by the Bankers of the contractor on the format prescribed in Download 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 enlistment/revalidation shall be as applicable on date of enlistment/revalidation. Applicant may be intimated when his application and verification is complete. The application may be decided within 90 days of such completion.
12. Enlistment Fee:
The contractor shall have to pay a non-refundable enlistment fee by crossed Demand draft drawn in favour of the “authority authorized by enlisting authority". For various categories and classes of enlistment, the fee is prescribed in Table-I. This fee is to be submitted along with application form to the enlisting authority in favour of D.D.O. I&FC Deptt. Govt. of Delhi.
13. Income Tax Clearance:
14. Change in Constitution of Firm:
The contractor/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 Download Annexure-VI. Any change in status of the contractor as an 'Individual' or in constitution of the firm or change in the name of firm without prior approval of the enlistment authority will render the contractor/firm liable to be removed from the approved list of contractors.
14.1. 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.
14.2. If new partners are taken in the firm, each new partner shall have to satisfy the eligibility conditions mentioned in Rule 4.0.
14.3. 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. Original partners means constituents at the time of Enlistment and those who have remained as constituent for more than 5 years.
15. 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 document i.e. ITCC, Bankers Certificate, Electrical license 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 along with acknowledgement of noting down of such change in address from the bank, Income tax, Sales Tax authorities etc. Failure to do so may result in removal of his name from the approved list of contractors.
16. Near Relatives Working in I&FC:
Contractors whose near relatives are Divisional Accountant or Engineering Officers between the grades of Superintending Engineer and Junior Engineer (both inclusive) in the Irrigation & Flood Control Department will not be allowed to tender for works if the circle 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.
17. Review of Approved List of Contractors:
The contractor shall be required to secure works of appropriate magnitude in I.&F.C. 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.
18. 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 some work(s) (see Para 24.0 also) of appropriate magnitude in I&FC Deptt (NCTD). During the period of enlistment or last revalidation period of enlistment as the case may be, shall be considered for revalidation. Appropriate magnitude shall mean the minimum amount mentioned in the column 5 of Table-1 against relevant class/category. The Revalidation shall be done for the period as detailed below:-
Category A: - Enlistment of such contractors who satisfy the following criterion shall be considered for revalidation for a period of five years.
- Securing two works of appropriate magnitude during last enlistment/revalidation period and at least one of them has been completed 100% and the second completed more than 50%. In case of lesser progress of second work, the department will select one Non CPWD work out of the list furnished by the applicant for inspection and consideration of revalidation.
- Securing and completion of one work of value three times the appropriate magnitude (for class V (Civil) contractor it shall be 1.5 times).
Category B: - Enlistment of contractors, who secured only one work of appropriate magnitude during last enlistment/revalidation period and that even not completed, shall be extended for a period of two years. Revalidation for the balance period of three years shall be granted, only when the contractor satisfies the criterion laid down in Category A above.
19. Annual Confidential Reports of Contractors (ACRC):
1. The Contractor will be required to complete the form of annual Confidential report(ACRC), in duplicate as per Annexure VII, on completion of work or every year in respect of works being executed/executed by them under a I&FC division and submit one copy of the same to the concerned Executive, Engineer/Assistant Engineer by 15th January. Second copy of the Annexure(s) bearing acknowledgement of Executive Engineer/Assistant Engineer along with list of, works as per Annexure III be submitted to enlisting authority by 31st January. This ACRC will be for the works done by them for the period 1st January to 31st December of the previous year or part thereof. Depending upon criteria fixed by the enlisting authority in respect of ACRC, contractors will be considered for revalidation. The enlisting authority reserves full right for fixing criteria for evaluation of ACRC.
2. The list of all works, pertaining to I&FC and non I&FC, secured in hand and completed during above mentioned period be furnished as per Annexure III. In case, the contractor hides any information, his revalidation will be liable to be cancelled.
20. Performance Report:
i. The Contractor should fill up the details of each work, of appropriate magnitude, secured by him during the last revalidation/enlistment period, in the proforma as given in Annexure VII.
ii. 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.
iii. The contractor should fill up the details in the Performa as given in Annexure VII, in duplicate. For each work, separate Performa should be filled. One copy of all the Performa should be submitted to the reporting officer and the acknowledgement obtained on the second copy of the Performa. This 2nd copy should then be submitted to the enlistment authority along with the application.
iv. The reporting officer shall write the report and forward to the Enlistment Authority through his reviewing officer (Reporting/Reviewing officers and the time frame for writing report are detailed in Annexure-VII).
21. Revalidation Procedure:
The revalidation shall be done on the basis of review of performance of the contractor during the period of enlistment/revalidation. This shall be based on evaluation of performance reports as given in Annexure X or as decided by the enlisting authority.
22. Contractor’s Obligations:
The Contractor should fulfill 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 summarized below:-
i. Prior approval shall be obtained from the enlisting authority before changing the constitution of the firm/company.
ii. Intimation of change of address should be given in advance or within one month along with acknowledgement from Banker, Income Tax and Sales Tax authorities.
iii. He should secure works of specified magnitude during the period of enlistment/ revalidation as provided in Para 18.0 above.
iv. He shall abide by these rules.
v. He should not indulge in unethical practices and maintain good conduct.
vi. He shall execute the works awarded to him strictly as per the terms and conditions of the contract and specifications.
23. 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 as per contract 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 indefinitely or for a period as decided by enlisting authority after issue of show cause notice. Decision of the enlisting authority shall be final and binding on the contractor. The following actions of the contractor shall, in general, make him liable to disciplinary actions:
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. is responsible for a conduct which may justify his demotion:- to a lower class. or
f. any of her reason which in view of enlisting authority is adequate for his demotion to a lower class. or
g. his staff misconducts or misbehaves with I&FC officials .or
h. buys tender forms but fails to submit his offer on maximum of two occasions per calendar year.
2. Suspension of Business:
The enlistment authority may suspend business with a contractor or for indefinite period or for a period as decided by enlisting authority, pending full enquiry into the allegations, if 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.
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.
m. has alredy been demoted for other reason(s) or
n. Ceases to fulfil eligibility criteria based on which enlistment/revalidation was done .Or
o. is considered not required to be in list of I & FC for any other reason considered fit enlistment auth.
24. Revision of the Rules:
C.E.I&F.C. may modify, add, delete and/or change any of the above rules and same shall be binding on all enlisted contractors. DOWNLOAD: Annexure-1 (PDF Format)
DOWNLOAD: Annexure-1 (Word zip Format)
Table - 1 Enlistment Rules 2005