?

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G O VER N M EN T OF ODISHA
W O RK S DEPARTM ENT
*****

O FFICE M EM O RANDUM

File No.07556900012016- /W, dated, S ' \ D -«\>

Sub: Electronic Receipt, Accounting and Reporting of Cost of Tender Paper and
Earnest M oney D eposit on subm ission of bids.

1. The State G overnm ent have been working on form ulation of rules and procedures for
Electronic receipt, accounting and reporting of the receipt of Cost of Tender Paper

and Earnest M oney Deposit on subm ission of bids through the e-procurem ent portal

of G overnm ent of Odisha i.e. “https://tendersodisha.qov.in” for som e time past.

2. Electronic receipt of cost of tender paper has been successfully tested through SBI

paym ent gateway. Now it has been decided to introduce electronic receipt of Cost of

Tender P aper and Earnest Money Deposit on subm ission of bids through

paym ent gateway o f designated banks such as SBI/ICICI Bank/HDFC Bank for all

G overnm ent D epartm ents, State PSUs, Statutory C orporations, A utonom ous Bodies
and Local Bodies etc. in phases(AN N EXU R E-l). The process outline as well as
accounting and reporting structure are indicated below:

a) It will be carried out through a single banking transaction by the bidder for multiple
paym ents like C ost of Tender Paper and Earnest Money D eposit on subm ission of
bids

b) Various paym ent m odes like Internet banking/ NEFT/RTG S of Designated Banks and

their A ggregator Banks as well can be accessed by the intending bidders.

c) Reporting and accounting of the e-receipts will be made from a single source.

d) Credit of receipts into the G overnm ent accounts and to the designated Bank account of

the participating entities indicated in Para 2 above would be faster.

3. Only those bidders who successfully remit their Cost of Tender Paper and Earnest
Money D eposit on subm ission of bids would be eligible to participate in the

tender/bid process. The bidders with pending or failure paym ent status shall not be able

to subm it their bid. Tender inviting authority, State P rocurem ent Cell, NIC, the
designated Banks shall not be held responsible for such pendency or failure.
4. Banking arrangem ent:
a) Designated Banks (SBI/ICICI Bank/HDFC Bank) paym ent gateway are being integrated

with e-P rocurem ent portal of G overnm ent of Odisha (https://tendersodisha.gov.in)

b) The Designated Banks participating in Electronic receipt, accounting and reporting

of Cost of Tender Paper and Earnest Money D eposit on subm ission of bids will

nom inate a Focal Point Branch called e-FPB, who is authorized to collect and collate all

e-Receipts. Each such branch will act as the Receiving branch and Focal Point Branch

notwithstanding the fact that the bidder might have debited his account in any of the

bank's branches while m aking payment.

5. Procedures of bid subm ission using electronic paym ent of tender paper cost and

EMD by b id d e r :

a) The bidders have to log onto the O disha e-P rocurem ent portal

/ httpc7/tPnH»rSnrtisha.aov.in) using his/her digital signature certificate and then search

and then select the required active tender from the “Search Active T ender option. Now,

subm it button can be clicked against the selected tender so that it comes to the My

Tenders” section.

b) U p lo a d in g of P r e q u a lific a tio n /T e c h n ic a l/F in a n c ia l b id : The bidders have to upload

the required Prequalification /Technical/Financial bid, as m entioned in the bidding

docum ent and in line with W orks D epartm ent office m em orandum No.7885/W

dt.23.07.2013.

c) Electronic paym ent o f tender paper cost and EMD : Then the bidders have to select

and subm it the bank name as available in the paym ent options .
i. A bidder shall m ake electronic paym ent using his/her internet banking enabled

account with designated Banks or their aggregator banks.

ii. A bidder having account in other Banks can make paym ent using NEFT/RTGS

facility of designated Banks.

• O nline NEFT/RTG S paym ent using internet banking of the bank in which

the bidder holds his account, by adding the account num ber as mentioned

in the challan as an interbank beneficiary.

#
d) Bid subm ission: O nly after receipt of intimation at the e-P rocurem ent portal regarding

successful transaction by bidder the system will activate the ‘Freeze Bid S ubm ission’
button to conclude the bid subm ission process.

e) System generated acknow ledgem ent receipt for successful bid subm ission:

System will generate an acknow ledgem ent receipt fo r successful bid subm ission. The

bidder should m ake a note of ‘Bid ID’ generated in the acknow ledgem ent receipt for
tracking their bid status.

6. Settlem ent o f Cost of Tender Paper:

a) Cost of Tender P aper : In respect of G overnm ent receipts on account of Cost of

Tender Paper, the e-P rocurem ent portal shall generate a MIS for the State

Procurem ent Cell (SPC). The MIS will contain an abstract of the cost of tender paper

collected with reference to Bid Identification Number. The State Procurem ent Cell

shall generate Bank-wise challans under the head of A ccount for Cost of Tender Paper

and instruct the designated Banks to remit the money to the proper head of account of
State G overnm ent. In respect of the cost of tender paper received through the e-

procurem ent portal, the rem ittance to the Cyber Treasury account will be made to the

Head of A ccount 0075-M isc. General S e rvice s-80 0 -0 the r Receipts -0097-Misc.
Receipts-02237-C ost of Tender Paper.
b) For the tim e being, the State Procurem ent Cell (SPC) will use over the counter payment
facility of the O disha Treasury portal. Thereafter, rem ittance through NEFT & RTGS will

be facilitated through the Odisha Treasury portal.

c) Similarly, in case of State PSUs, Statutory Corporations, A utonom ous Bodies and Local
Bodies etc. Cost of Tender Paper, the e-P rocurem ent portal shall generate a MIS for

the State P rocurem ent Cell (SPC). The MIS will contain an abstract of the cost of tender
paper collected with reference to Bid Identification Number. The cost of tender papers

will be credited to the registered Bank account of the concerned State PSUs, Statutory

Corporations, A utonom ous Bodies and Local Bodies etc

d) Bank will refund (in case the Tender Inviting A uthority (TIA) issues such instructions) the

tender fee and EMD to the bidder, in case the tender is cancelled before opening of Bid

as per direction received from TIA through e-procurem ent system.

e) Back-end Transaction Matrix of Electronic receipt of Cost of Tender Paper and Earnest

Money Deposit on subm ission of bids is enclosed in the Annexure-1.

- 3-
7. S ettlem ent of Earnest Money Deposit on subm ission of bids:
a) The Bank will rem it the Earnest Money Deposit on subm ission/cancellation of bids

to respective bidders accounts as per direction received from TIA through e-

procurem ent system.

8. Forfeiture of EMD :
Forfeiture of Earnest Money Deposit on subm ission of bid of defaulting bidder is

occasioned for various reasons.

a) In case the E arnest Money Deposit on subm ission of bid is forfeited, the e-

Procurem ent portal will direct the Bank to transfer the EMD value from the Pooling

A ccount of SPC to the registered account of the tender inviting authority.

b) The Tender inviting authorities of the G overnm ent Departm ents will deposit the

forfeited E arnest Money Deposit on subm ission of bid, in the State G overnm ent

Treasury under the appropriate head (8782-Cash R em ittances and Adjustm ents

between the officers rendering accounts to the sam e A ccounts O fficer-102-

p'W .R em ittances-1683-R em ittances-91028-R em ittances into Treasury) after taking

the am ount as a revenue receipt in their Cash Book under the head 0075-Misc.
General S ervices-00-101-U nclaim ed D eposits-0097-M isc. Receipts-02080-M isc.

Deposits and subm it the detail account to D.A.G., Puri as a deposit of the Division.

c) By clicking subm it button, system will initiate the forfeiture of EMD. System will not allow
the evaluator to edit the initiation after clicking the subm it button. Forfeiture option can

be carried out in phased m anner like one bidder at a time.

9. Role of the Banks:

a) Make necessary provision / custom izations at their end to enable the provision for online

paym ents I refunds as per this document.

b) Provide necessary real-tim e m essage to bidders regarding successful or unsuccessful

transactions during online paym ent processes and redirect them to e-P rocurem ent

website with necessary transaction reference details enabling them to subm it their bids.
c) The bank shall ensure transfer of funds from the pooling account to the G overnm ent

H ead/current account of PSU s/U LBs within the next bank w orking day as per the

directions generated from e-P rocurem ent portal.

d) Bank should provide tim ely reports and reference details to NIC enabling them to carry

out their role as stated below.

e) Refund of am ount to bidders as per the XML file provided by e-P rocurem ent system on

the next bank working day from the date of generation of the XM L file and also provide a

confirm ation to NIC on the same.

10. Role of State Procurem ent Cell:

a) Com m unicate requirem ents of G overnm ent departm ents/ State PSUs/ Autonom ous
Bodies/ ULBs online paym ent requirem ents to National Inform atics Centre / the
authorised Banks for m apping/ custom ization.

b) In every w orking day, the State Procurem ent Cell shall generate MIS from the e-
Procurem ent portal to ascertain the tender paper cost received in the e-Tendering

process separately bank-wise for the G overnm ent D epartm ent and the PSUs/ULBs.

The SPC shall generate bank-wise separate online challans from the Odisha
Treasury portal and make the rem ittance through over the counter facility or

NEFT/RTG S (as and when this functionality is available in Treasury portal) and issue
instruction to the bank for rem ittance of the receipt to the State G overnm ent account.

c) The State P rocurem ent Cell shall be responsible for providing challan details and
MIS in respect of the rem ittance towards tender paper cost to the Tender inviting

authorities fo r their record.

d) State P rocurem ent Cell shall m onitor the progress of e-Tendering by different

G overnm ent Departm ents / State PSU s/ Autonom ous Bodies / ULBs through MIS.
State P rocurem ent Cell shall m onitor and send m onthly progress reports to the
Governm ent.

e) The e-P rocurem ent system will generate a consolidated refund & settlem ent XML file

as an end of the day activity.

f) e-procurem ent system will provide a web service for Paym ent G ateway (PG) provider

to pull the encrypted refund and settlem ent details in XML file against a day.
g) Similarly, P aym ent G ateway (PG) provider will provide a web service to pull the

. refund and settlem ent status against a day.

h) e-procurem ent system will update the status accordingly for reconciliation report.

11. Role of National Inform atics Centre :

a) Custom ize e-P rocurem ent softw are’ and web-pages of G overnm ent of Odisha
(https://tendersodisha.qov.in) to enable the provision for electronic payment.

b) The NIC, O disha will m odify / rectify the errors in electronic data relating to the Chart

of Account.
c) NIC will provide an interface to organisations to download the electronic receipt data.

d) Enable autom atic generation of daily XM L files from e-P rocurem ent system and
ensure delivery of the sam e to the authorised Banks for enabling autom atic

refund/settlem ent of funds.

5
e) NIC shall enable the e-P rocurem ent portal to generate MIS as required fo r the State

Procurem ent Cell in order to make rem ittance of the tender paper cost to the State
G overnm ent account using the O disha Treasury Portal.
12. Role of Cyber Treasury :

a) The cost of the tender paper deposited by the SPC using the O disha Treasury Portal

which will be accounted for by the Cyber Treasury and it shall subm it the accounts to
A.G. (O) as per the established process.

b) The Cyber Treasury will provide MIS as required to the SPC for the purpose of

accounting and reconciliation of the electronic rem ittances made to the State
G overnm ent account.
13. Redressal of Public grievances :

a) The State Procurem ent Cell, Odisha, National Inform atics Centre, O disha and the e-
FPB will have an effective procedure for dealing with, public com plaint for e-Receipt
related matters. In case, any m istake is detected by any of the stakeholders in reporting

of receipt of tender paper cost and EMD, either suom oto or on being brought to its

notice, the State P rocurem ent Cell, Odisha, National Inform atics Centre, Odisha unit,

Cyber Treasury and the bank will prom ptly take steps for rectification. The e-Focal Point
Branch of the participating Banks, National Inform atics Centre, Odisha and the State
Procurem ent Cell, O disha will notify the contact num ber and address of the Help Desk

for resolution of any dispute regarding e-Receipt.

14. Applicability and m odification of existing rules / orders:

The m odalities prescribed in this O ffice M em orandum for downloading of tender paper,
subm ission and rejection of bid, acceptance of Bids as well as refund and forfeiture of

earnest deposit will be applicable for electronic subm ission of bids through e-

procurem ent portal. Existing provisions regulating cost of Tender Paper and Earnest
Money Deposit in O PW D Code and O G FR would stand m odified to the extent

prescribed in this O ffice Mem orandum .

15. These arrangem ents would be made effective after signing o f MoU between the

designated Banks and the State Procurem ent Cell, firm ing up of Banking arrangem ents

and technical integration between designated Bank and e-P rocurem ent Portal.

1. This shall take effect from the date of issue of this Office Memorandum.
2. Accordingly, relevant existing codal / contractual provision exist vide Office Memorandum
No.6785AAI dt.09.05.2017 of W orks Department stands modified to the above extent.
3. This has been concurred in by the Finance Department vide their UOR No.-39-WF-l
dt.09.11.2017.

- 6-
Memo No. S' /W, dated, 3 - f
Copy forw arded to P. S. to H on’ble Chief Minister, O disha for inform ation and
necessary action.

FA - cum - Addl. S ecretary to Governm ent

Memo No. V’Y lX J 's rJ o A/V, dated, ^ ~ \ „ \ ^

Copy forw arded to OSD to Chief Secretary, O disha / Sr. P S. to Developm ent
C om m issioner-cum -Additional C hief Secretary, O disha / Sr. P.S. to Additional Chief
Secretary, Finance for inform ation and necessary action.

FA - cum - Addl. Secretary/to G overnm ent

Memo No. Y~Y^ A/V, dated, S - l l r i;v -

Copy forw arded to All Departm ents / Managing Director, OB & CC Ltd.,

B h u b a n e s w a r / M anaging Director, OCC Ltd., Bhubaneswar for inform ation and necessary

action.

FA - cum - Addl. Secretary

Idl. S ecret to'G
io ^ oovernm
v e r r ent

M em o No. Y "> l\N , dated, ST- ) r I ")—

Copy forw arded to EIC (Civil), Odisha, Bhubaneswar / All C hief Engineers, O disha /

All Superintending E ngineers / All Executive Engineers (under W orks Departm ent) for

information and wide circulation among subordinate offices.

FA - cum - Addl.
jl. S ecretary to G ovem
overnm
m ent

Memo No. /W, dated, S • M X. •) >

Copy forw arded to the Principal A ccountant General (A&E), Odisha, Bhubaneswar /
Principal A ccountant General, Odisha, Puri Branch, Puri for inform ation and necessary

action.

FA - cum - Addl. S ecretary to G overnm ent

0
Memo No. AA/, dated, s - I •W
Copy forw arded to the Director, Treasuries & Inspection, Odisha, Bhubaneswar for

information and necessary action.

FA - cum - Addl. Secretary to'G overnm ent

- 7-
 ANNEXURE-I

Back-end Transaction M atrix of Electronic receipt and rem ittance of C ost of Tender

Paper and Earnest M oney D eposit on subm ission of bids

C ost of Tender Paper E arnest Money Deposit on

subm ission of bids

G overnm ent I. The p aym ent tow ards the cost of I. In case of tenders of G overnm ent

Departm ents Tender Paper, in case of Departm ents, am ount towards Earnest

G overnm ent Departm ents, shall be Money D eposit on subm ission of bids

collected in separate pooling shall be collected in a pooling account

accounts opened in Focal Point opened for this purpose at Focal Point

Branch called e-FPB of respective Branch called e-FPB of respective

designated banks [as stated in Para designated banks at Bhubaneswar,

2] at Bhubanesw ar on T+1 day. and the banks will remit the am ount to
respective bidder’s a c c o u n t w ith in tw o

w orking days on receipt of instruction

from TIA through refund and settlem ent

of e-procurem ent system.

II. W ith reference to the Notice Inviting II. In case of forfeiture of Earnest

T ender/ Bid Identification Number, M oney D eposit on subm ission of

the am ount so realised is to be bids, the e-P rocurem ent portal will

rem itted to G overnm ent Account direct the Bank to transfer the EMD

under the Head of A ccount 0075- value from the Pooling Account of

Misc. General S ervice s-80 0 -0 the r SPC to the registered account of the

R eceipts -0097-M isc. Receipts- tender inviting authority within two

02237-C ost of Tender Paper working days of receipt of instruction

through O disha Treasury Portal from TIA.

after opening of the bid.

State PSUs, I. In case of State PSUs, Statutory I. A m ount tow ards EMD on subm ission

C orporations, Autonom ous Bodies of bids shall be collected in a

Statutory
Corporations, and Local Bodies etc. the amount ■ separate pooling account of Focal

Autonom ous tow ards Cost of Tender Paper on Point Branch called e-FPB of

Bodies and subm ission of bids shall be collected respective designated banks at

Local Bodies in. separate pooling accounts B hubanesw ar and the banks will remit

opened in Focal Point Branch called the am ount to respective bidder’s

 e-FPB of respective designated account on receipt of instruction from
banks at B hubanesw ar on T+1 day. TIA through refund and settlem ent of

e-procurem ent system within two

working days from receipt of such
instruction.
II. The Paper cost will be transferred II. In case of forfeiture of Earnest Money
to the respective current accounts Deposit on subm ission of bids, the e-
of concerned State PSUs, Statutory P rocurem ent portal will direct the
Corporations, Autonom ous Bodies Bank to transfer the EMD value from
and Local Bodies etc. after opening the Pooling A ccount of SPC to the
of bid. registered account of the tender
inviting authority within two working

days of receipt of instruction from TIA.

- 9-
 r
Government of Odisha
WorksDepartment

Office Memorandum
File No.-075569000162015 - I o\9t A//, dated, 31 , t . r1l

Sub: - Amendment to Codal/ Contractual provisions.

After careful consideration Government have been pleased to make following
amendments to the provisions contained in OPWD Code, Volume-l & ll as per Annexure-|, ll,
lll, lv & v.

1. This shall take effect from the date of issue of this Office Memorandum.
i
. 2. Accordingly, relevant existing codal / contractual provision stands modified with effect
from the date of issue of this Office Memorandum.
3. This has been concurred in by the Finance Department vide their U.O.R. No.166-ACSF
dt.28.07.2015.

,,"-"#1)1oou"'.n'"n,
Memo No. 'l D\\E- dated, bl ' t' r(-
^ru,
Copy foruArded to P. S. to Hon'ble Chief Minister, Odisha for information and
necessary action.

FA - cum- ooo,.ffi d"w,ffirent

MemoNo. \ol\i AlV,dated,]l'f,'1(
Copy forwarded to OSD to Chief Secretary, Odisha / P.S. to Development

Commissioner-cum-Additional Chief Secretary, Odisha for information and necessary action'

ob!,J4-.
FA - cum- nddt. secreH[*,6H,v5rnment
Memo No. \o rlD dated, B\' B 'r(
AlV,

Copy forwarded to All Departments / Managing Director, OB & CC Ltd''

Bhubaneswar / Managing Director, OCC Ltd., Bhubaneswar for information and
necessary

action.
W
FA - cum- nddl s'ecret"V/&d#lflt"nt
(P.r.o.)
 -2-

MemoNo. \O\S\ A/V,dated, l\'t't{

Engineers / All
Copy forwarded to All Chief Engineers, Odisha / All Superintending
circulation among
Executive Engineers (under Works Department) for information and wide
subordinate offices.

FA-cum- oaffil6ke,lfi-"*
Memo No. 1 o\SZ lVV, dated, 31 ' t' tgJ
I
copy forwarded to the Accountant General (A&E), Odisha, Bhubaneswar
necessary action'
Accountant General, odisha, Puri Branch, Purifor information and

"N"-lEislzntf
FA - cum- Addl. Secretary t6 Gbvernment

Memo No. 1o \S) Mt, dated' a \ ' €- ' ts

copy forwarded to the Luminous lnfoways Pvt. Ltd., N-6 / 373, Jaydev Vihar'
and necessary action'
Bhubaneswar email: support @ lipl.in for information
Government'
They are requested to display it in the web-site of state

WtletY
FA - cum- Addl. Secretdry to Government

Memo No. \ o\s\ dated' 3\ 't ' \ g'

^/V, & Publication, odisha, Cuttack
Copy forwarded to the Director, Printing, Stationary
for information and necessary action'
in the next issue of odisha Gazette'
He is requested to publish this amendment

FA - cum- ooo [H#H^,

MemoNo. lotd AN,dated,B\'<'l(
copy forwarded to A/C-l Section / AJC-ll section
/ Road section / Plan section /
Section / FC & AA Section t PPP Cell
/ EAP Cell'
Building Section / Budget section / N.Hs.
action'
Works Department for information and necessary

%"m;
FA - cum- Addl' Secretary I
 -3-
Annexure-l

para-3.5.9 contained in Appendix-XXXlll to the OPWD Code,

- [Subject to the provision
prescribed in
Volume-lll, tenders should invariably be invited publicly in the manner
given out on contracts
Appendix-lX to the code and in Paragraph -3.5.10 below for all works
works or items of
and estimated to cost above Rs.5.00 lakh except in cases where additional
have originally been
work have to be undertaken as part of a scheme work for which tenders
invited pubticly and which are required to be executed white the work
originally undertaken is

in progress or for other exceptional reasons'

Annexurell

lakh may be given out with or

Note (l) - Contract for works estimated to cost up to Rs'5'00
officers to the best
without invitation of open tenders at the discretion of the Divisional
advantage of Government. All other provisions remain unaltered'

Annexure-lll

costing more than Rs.5.00 lakh. In

Rule- | - Tenders shall ordinarily be invited for all works
be suitably reduced'
case of urgency the prescribed period of notice may

Annexure-lV

costing more than Rs'10' 000'00 but up to

Rule-9 (b) - The notice inviting tenders for works
A copy of NIT should be sent to
Rs.5.00 lakh should be circulated among the local offices'
pwD within the District & concerned sEs office'
contractors,Association (s), ail Divisions of

Annexure'V
Code' Volume-ll
Amendment to Rule'9 (Cl gf Appendix-lX of OPWD
lakh' the e-Tender route be adopted'
Rule-9 (C) - For all tenders costing more than Rs'5'00
Tenders for works costing more than Rs.5.00 lakh
and up to Rs'10'00 lakh shall be
provisions remain unaltered'
published in two localoriya News Papers. All other

,{
 Government of Odisha +
Works Department
******

Office Memorandum
Fire No.-075569000162015_ \ o12q M,dated, \.q.\g
Sub: - Amendment to Codal/ Contractual provisions.
After careful consideration Government have been pleased to add the following para
to the existing clause-36 of Appendix-lX of opwD code, Volume_ll.

"lf the rate quoted by the sc and ST category contractors comes to14.gg% (decimals
up to two numbers will be taken for alt practical purposes)
less than the estimated cost after
availing 1oo/o price preference as per Para-2 of works
Department Resolutio n No.2774g
dt'1|'10'1977, then the tender shall be finalised.sy
the tender accepting authority through a
transparent lottery system along with other category'of
contractors whose rates are 14.g9o/o
less than the estimated cost',.

,i
1. This shall take effect from the date
of issue of this office Memorandum.
2' This has been concurred in by the Finance Department
vide their U.O.R. No.130-WF-l
dt.03.06.2015.

^-$'$(2us
EIC - cuifi- Secretary to Government

Memo No. \ Da|( M,dated, \ , q. ' lg'

Copy fonruarded to p. S. to Hon'ble Chief Minister, Odisha for information and
ne@ssary action.

FA - cum- noor.G-cf.[,v?Co (nt:A

Memo No. \ ot>'J- /W, dated, \ . a\. lJ-
copy fonrarded to osD to chief secretary,
commissioner-cum-Additional chief secretary,
odisha /
p.s. to Deveropment
odisha for information and necessary action.

n\r?,n-l"r_, a
FA - cum- Addt. secretary to C{rZ{Ae#
(P.r.o.)
 aJ
-z-
Memo No. t oil? AlV, dated, \ .
copy forwarded to All Departments for information and necessary action.

+-L^t+,--,,-
FA - cum- Addt. Secr & f .nt
MemoNo. \ o>)-g M,dated, \ r n, )5i
"t"rd(?
copy forwarded to Elc (civil), odisha t All chief Engineers, odisha I All
superintending Engineers I
All Executive Engineers (under works Department) for
information and wide circulation among subordinate
offices. .r- 19 t)

Memo No. \ o)a3

FA - cum-
^ddt.
6L#m,{A*#"
ArV,dated, \.q.. \g]
Copy forwarded to the Chairman-cum-Managing Director,
OB & CC Ltd.,
Bhubaneswar / Managing Director, occ
-t Ltd., Bhubaneswar for information and necessary
action.

FA - cum-
Memo No. \ D a3 r Afy',dated, ^ddt'W;U"f/*^:X
q.-
copy fonryarded to the Accountant General (A&E),
\, )K
odisha, Bhubaneswar I
Accountant General, odisha, Puri Branch,
Puri for information and necessary action.

FA - cum- Addl. Se-cretary to

Memo No. \ D )_t 1
M,dated, \. A, \g
copy forwarded to the Luminous Infoways pvt.
Bhubaneswar email: support
Ltd., N-6 /
373, Jaydev Vihar,
@ lipl.in for information and necessary action.
They are requested to dispray it in
the web-site of state Government.

%_J*r^,
MemoNo. \D)31
FA - cum- Addf . Secre r"rv {f,Vrhffn
Aly',dated,
Copy forwarded to the Director Printing,
\. e.lg
Stationary & publication, Odisha, Cuttack
for information and necessary action.
He is requested to publish this amendment
in the next issue of odisha Gazette.

Memo No. \o )93 A

FA-cum-
^fu{l"k"lt*,
copv rorwarded to A/c{ sectio" i^ljllt;""\,- ft""J5"".ion / pran section / Buirdins
/ N.Hs section / Fc & AA section I pppceil
::::.:j::::t_:ection / EAp ceil, works Department
for information and necessary action.

FA - cum- ooo,. Wrff. nforT-

 Government of Odrsha
Works D_epartment

Office Memorandum

File No O7556e0oo12o13- | Q )fl rw, aateo, De /12/2-a/ v

Sub Amendment to Para-3.5.5 (v) of OPWD Code, Vol.-|.

After careful consideration Government have been pleased to make amendment to

Para-3.5.5 (v) of OPWD Code, Vol.-l with following modification.

"Additional Performance Security shall be obtained from the bidder when

the bid amount is less than estimated cost put to tender. ln such an event, only
the successful bidder who has quoted less bid price/rates than the estimated
cost put to tender shall have to furnish the exact amount of differential cost i.e.
estimated cost put to tender minus the quoted amount as Additional
Performance Security (APS) in shape of Demand Draft/Term Deposit Receipt
pledged in favour of the Divisional Officer within seven days, otheMise the bid
shall be cancelled and the security deposit shall be forfeited. Further,
proceeding for blacklisting shall be initiated against bidde/'.

1. This amendment shall take effect from 24" July, 2017 .

2. The Works Department Office Memorandum No.5288M dt-04.05.2016 (Annexure-l-A)

stands modified accordingly pursuant to the judgment daled, 24.07.2O17 of the Hon'ble
High Court of Orissa.
3. This has been concurred in by the Law Department and Finance Department vide their
U.O R No 1668/L dt.19 08.2017 & U.O.R. No.56-WF-l dt.24.O8.2O17 respectively.

oV
Erc - cum- Secretary to Government

Memo No lqg OZ AlV, dated, 031 /6 +

Copy forwarded to P S. to Hon'ble Chief MiniEter, Odisha for information and
necessary action.
*)^rL--4J t,lr.Dt?
FA - cum- Addl. Secretary'Io Govefnment
MemoNo /V)Ot A/v,dated, OafellV
Copy forwarded to OSD to Chief Secretary, Odisha / P.S. to Development
Commissioner-cum-Additional Chief Secretary, Odisha / P.S. to Prlncipal Secretary, Finance
Deptt. for information and necessary action
'ecretary
FA - cum- Addl nt
(Cont.-2)
 -2

MemoNo lqSD> rvv,dated, 0S/e/t+

Copy forwarded to the Principal Accountant General (A&E), Odisha, Bhubaneswar /
Principal Accountant General (E & S R Audit), Odisha, Puri Branch, Puri for information and
necessary action
FA - cum- Ad l. Secret tf'tolvol)
to'Goveinment
Memo No lt4 3 os /W, dated, 03ltolrV
Copy forwarded to All Departments / Managing Director, OB & CC Ltd.,
Bhubaneswar / Managing Director, OCC Ltd., Bhubaneswar for information and necessary
action.
Wr,__tr-lrat)
FA - cum- Addl. Secretan/lo Gbvernment
Memo No I L1
3D Ll dated, 0S lta/t2
nlv,
Copy foMarded to EIC (Civil), Odisha / All Chief Engineers, Odisha / All
Superintending Englneers / All Executive Engineers (All under Works Department) for
information and wide circulation among subordinate offices.

Plnpl)
FA - cum- Addl. Secreta Government
Memo No lLt 30{ ArV, dated, e3 lrc/ t
Copy forwarded to the Director, Printing, Stationary & Publication, Odisha, Cuttack
for information and necessary actron.
He is requested to publish this amendment in the next issue of Odisha Gazette.

FA - cum- Addl
lwD
ecretary t Go vernmen
Memo No 1 14 soL Ar'r/,dated, D) ftO /v
Copy forwarded to A,/C-l Section / A,/C-ll Section / Road Section / Plan Section /
Burlding Section / Budget Section / N.Hs. Section / FC & AA Section / PPP Cell / EAP Cell /
OSWAS Control Room, Works Department for information and necessary action.

rc/To)
FA - cum- Addl. S ecretary to o vdrnment
 Government of Odisha
Works D€p*artment

OFFICE MEMORANDUM

File No.07556900'14201 8- Dqel /VV, dated, LV-ar-wt{

Sub:- lnsertion of Provision of Contractor Data Base Management System (CDMS) in
Appendix-lx (A)of the Odisha Public Works Department Code, Volume-ll .

After careful consideration Government have been pleased to insert the provision of
contractor Database l\ilanagement system (cDlvS) in oPWD code to bring all contractors
into one Dalabase for smooth functioning of e-Procurement system.
The provision shall be newly inserted as Para-12.4 below para-.l2 in Appendix-lx(A)
of OPWD Code Volume-ll as follows:-
"Registration in the Conlraclors Data Base Management System(CDMS) available at
www.cdmsodisha.qov. in by all Contractors is mandatory.'
1. This shall take effect from the dale of issue of this Office Memorandum

2. This has been concurred in by the Finance Depa(ment vide their U.O.R. No.96g-pSF
Dt.16.05.2018.

u4xY6"t*
EIC - cum_ Secretary to Government
e,
Memo No. 2q3b /w, dated, L\-or. -idt
Copy forwarded to P. S. to Hon'ble fiilinister, Works, Odisha for information and
necessary action
c!t, q-1 (
FA - cum- Addl. Secretary to Government

Memo No l}l)6 nlv, dated, 2)-or -)-ot{

Copy forwarded to OSD to Chief Secretary, Odisha / Sr. P.S. to Development
Commissioner-cum-Additional Chief Secrelary, Odisha / Sr. P.S. to Principal Secretary,
Finance Deptt. for information and necessary action

FA - cum- Addl s tolCo'X.Irl nt

""r"t"f
Memo No \Lqll dated, 2) -Or -)tt(
^/il,
Copy forwarded to the Principal Accountant General (A&E), Odisha, Bhubaneswar /
Principal Accountant General (E & S R Audit), Odisha, Puri Branch, Puri for information and
necessary action
)L<.tt
FA - cum- Addl. Secr ry to Government

(Contd... .P-2)

o\L
 2-

Memo No. l)97/ /yv, dared, L\-0{ -g-c\d

copy forwarded to A[ Departments / Managing Director, oB & cc Ltd., Bhubaneswar
/ IVlanaging Director, OCC Ltd., Bhubaneswar for information and necessary action.

FA - cum- Addl. S
2 r.t.l Q
retary to Government
Memo No. lrq\ /yv, dared, LZ*O{ -r-o\(
Copy forwarded to EtC (Civit), Odisha / A Chief Engineers, Odisha / A
superinlending Engineers / AI Executrve Engineers (A[ under works Department) for
information and wide circulation among subordinate offices.

1-r. cr'l€
FA - cum- Addl. Sec a ry tdcovernment
Memo No \29\40 A/v, dated, LZ 4f- -La\Y
copy forwarded to oSWAS contror Room with a request to uproad it in the web-site
of Works Department
)a.<
FA - cum- Addl. Secrelary to Government
I e,

Memo No \ 9-qq \ rw, dated, L}-Of -y1{

copy forwarded to the Drrector, printing, stationary & pubrication, odisha, cuttack by
e-mail (deoutvdirectorpp@redifmail.com) for publlcation of this Office Memorandum
in the
next issue of odisha Gazette and suppry 20 (Twenty) copies to this Department
for officiar
use

FA - cum- Addl. Se
)-r. Q'lr
ry to Governrilent
lrilemo No \L1Y> lw, dated, L\-!f -Ud
copy forwarded to fuc-r Section / fuc-ll Section / Road section / pran section /
Building section / Budget section / N.Hs. section / FC & AA Section i ppp
cefl / EAp cell,
Works Department for information and necessary action.

FA - cum- Addl. Secreta

L4.<.1 c
o Government
 iline GOVERNMENT OF ODISHA
woRKS
*D*EPARTMENT

l'j'r'
t-t:i OFFICE MEMORANDUM
lt
File No. -07 24201s- l5g q? NV, dt lol -//-/1

Sub:- Codal / contractual provisions regarding Price Adjustment in

works contract.

Codal / contractual
provisions regarding Price Adjustment in works contract
was under active consideration of Government. After careful consideration,
Government have been pleased to make the codal/ contractual provisions
regarding
Price Adjustment clause due to increase or decrease in rate
and price of labour,
materials, fuels & lubricants and plant & machineries spare component to be
incorporated in DTCN / condition of contract as per Annexure-,,A,,.
1- This Office Memorandum shall be a part of the relevant clauses of DTCN
and Agreement and shall take effect from the date of issue.
2- This has been concurred in by Finance Department vide their File No.
FIN-wF1-Mlsc'0031-2019 (oswAs) dt.23.1 0_2019 and Law Department
vide their UOR No.221B/Ldt.29.1 0.201 9.

Commissioner - cum- Secre

N" /59\g A/V, dated, l1 -// -/1

Copy with copy of enclosure forwarded to Principal Secretary to Hon'ble
Chief
Minister, odisha for information and necessary action.

qY-dr
u r I \t q.r\.r 1.
FA - cum- Addl. Secretary to Government

MemoNo lfyqq A//, dated, lq - / / -l q

Copy with copy of enclosure fonvarded to P. S. to Hon'ble Minister,
Works,
Odisha / P. S. to Hon,ble Minister. Finance, Odisha for information
and necessary
action.
QA'n*n lq l1' \(
FA - cum- nJol su"r"irry'to Government

(7-70)
\_' ,/
 -il,
Memo No t5 K 5A 0","0. ltl ')t - 11
Copy with copy of enClosure forwarded to OSD to Chiei Secretary. Ccjisha /
Sr, P.S to Development Commissioner-cum-Addilional Chief Secretary, Odislra / Sr
P S, to Principal Secretary, Finance Department for information and necessary
action 4-f \q-ti.r r
FA - cum- Addi. Secretary to Governmenl

MemoNo. lrqil /W. da{ed, lol - il -/cl

Copy with copy of enclosure forwarded to tte Prirrcipal Accountant General

{1nae1, Odisha, Bhubaneswar/ Principal & S RAudit),

lOOi.f,". Puri Branch, Puri for information an
('lt 13'
FA - cum- Addl- Secretary toGovernment

Merno No. 1 ,g t 3- /w,dated, l1-/l-11

Copy with oopy of errclosure forwarded.to All Oepartments / Matadrg
{ Director,OB &@ Ltd.. Bhubaneswar / Managing
|/ Chief Architect, Odisha, Bhubaneswar for informa
I

FA - cum- Addl Secretary to Govemnent

MemoNo. lrg53 nnl,dated, 14 -/t-lq _rjtl5

,d to €lC (Civil), Odisha / All Chief
|
, All Executive Engineers (under
I
t tion among subordinate offrces.

</k"*ac ltr.t'1 .
FA - cum- Addl. Secrdtary to GoVernment

MemoNo. ISrE Ll lw,dated, -11 lq-ll

Copy wittr copy of endosure forwarded to OSWAS Control Room with a
request to upload it in the web-site of

t'l1 1. 1.
I
Government

Memo No. /5f 5'9 nn/,dated. l7:ll')1

copy with copy of enclQsure forwarded to the Director, Printing, stationary &

FA - cum- Addl Secretary to Government

Memo No. I 5K56 ^/v,

dated, 14 - /J -/1
copy with copy of enclosure foruvarded to A/c-l sect'ion / Alc-ll section /
Road Section / Plan Section /Building Section / Eudget Section / N-Hs. Section / fQ
& AA Section / EAP Cell / Legal Cell, Works Department for in{orrnation and
necessary action --VY"f , a.
lq ll. k

FA - cum- Addl. Secretary to Government

q
 ANNEXURE-A

31.1 : Contract price shall be adjusted for increase or decrease in rates and
price of labour, materials, fuels and lubricants in accordance with the following
principles and procedures and as per formula given in following Paras.
(a) The price adjustment shall apply for the work done from the start date given in the
contract data up to end of the initial intended completion date or extensions granted
by the Engineer and shall not apply to the work carried out beyond the stipulated time
for reasons attributable to the contractor.
(b) The price adjustment shall be determined during each month from the formula
given in following Paras
(c) Following expressions and meanings are assigned to the work done during each
month:

R= Total value of work done during the month. lt would include the amount
of secured advance granted, if any, during the month, less the amount
of secured advance recovered, if any during the month. lt will exclude
value for works executed for extra items under variations.
31.2 . To the extent that full compensation for any rise or fall in costs to
the contractor is not covered by the provisions of this or other
clauses in the contract, the unit rates and prices included in the
contract shall be deemed to . include amounts to cover the
contingency of such other rise or fall in costs
The formula (e) for adjustment of prices are:

31(a) (i): Adiustment of Other Materials Component

Price adjustment for increase or decrease in cost of local
materials other than cement, steel, bitumen pipe and POL
procured by the contractor shall be paid in accordance with the
following formula:
Vr,,r= 0.85 x Pm/100 x Rx (M1- Mo)/Mo
Vnr = Increase or decrease in the cost of work during the month under
consideration due to changes in rates for local materials other
than cement, steel, bitumen and POL.
Mo= The all India wholesale price index(all commodities) on 28 days
preceding the date of opening of Bids, as published by the
Ministry of Commerce and Industry ,Government of India, New
Delhi.
Mr= The all India wholesale price index (all commodities) for the
month under consideration as published by the Ministry of
Commerce and lndustry , Government of India, New Delhi.
P, = Percentage of local material component (other than cement,
steel, bitumen and POL) of the work.

/ q.rt. q
a
I
31(a)(ii): Adiustment for Cement Gomponent

Price adjustment for increase or decrease in the cost of cement

procured by the contractor shall be paid in accordance with the
following formula:
V"= 0.85x Pcl100x Rx (C1-Co)/Co
V" = Increase or decrease in the cost of work during the month under
consideration due to changes in the rates for cement
Co= The all India wholesale price index for Ordinary Portland
Cement (OPC) on 28 days preceding the date of opening of
Bids as published by the Ministry of commerce and Industry ,
Government of lndia, New Delhi.
Cr= The all lndia wholesale price index for Ordinary Portland
cement (oPC) for the month under consideration as published
by the Ministry of Commerce and Industry, Government of
lndia. New Delhi.
P" = Percentage of Cement Component of the work

31(aXiii): Adiustment for Steel Component

(iii) Price adjustment for increase or decrease in the cost of steel

procured by the contractor shall be paid in accordance with the
following formula:
V,= 0.85 x P"/'100x Rx (Sr-So)/So

V, = lncrease or decrease in the cost of work during the month under

consideration due to changes in the rates for steel
So= The all India wholesale price index for steel (Mild Steel long
products) on 28 days preceding the date of opening of Bids as
published by the Ministry of Commerce and Industry
': Government of India, New Delhi.
Sr= The all lndia wholesale price index for steel (Mild Steel long
products) for the month under consideration as published by the
Ministry of commerce and lndustry, Government of India, New
Delhi.
P" = Percentage of steel component of the work

Note: For the apptication of this clause, index of (Mile Steel long products)
has been chosen to represent steel group.

Qi-"Y
(L'\\"\ \4 r
31(a)(iv): Adiustment of Bitumen Component

Price adjustment for increase or decrease in the cost of bitumen

shall be paid in accordance with the following formula:
Vo= 0.85x Pb/100x Rx(B1- Bo)/Bo
Vu = Increase or decrease in the cost of work during the month under
consideration due to changes in the rate for bitumen'
Bo= The official retail price of bulK bitumen atthe IOC / BPCL depot at
nearest center on the day 28 days prior to date of opening of Bids.
Br = The official retail price of bulk bitumen at IOC / BPCL depot at
nearest center for the 15th day of the month under consideration.

Pu = Percentage of bitumen component of the work

31(aXv): Adiustment towards differential cost of Pipes'

Price adjustment for increase or decrease in the cost of pipe shall

be paid in accordance with the following formula:
Vpi= 0.85x Pp/100x Rx(Pn- Pio)/Pio
Vpi = Differential cost of pipe i.e. amount of increase or decrease in
rupees to be Paid or recovered during the month under
consideration.
Ppi= Percentage of pipe component of the worK
Pir = All India Whole sale price index of pipe for the period under
published by the Ministry of Commerce and
consideration as
', Industry , Government of India, New Delhi.

Pio= All India Whole sale price index of pipe on 28 days preceding the
date of opening of Bids as published by the Ministry of commerce
and Industry , Government of lndia, New Delhi.

e-{Y^n
1t'r r. r1

I
31(b): Adiustment of Labour Component

Price adjustment for increase or decrease in the cost due to

labour shall be paid in accordance with the following formula:
Vr_= 0.85x P/100 x Rx (11- Lo)/Lo
V1 = Increase or decrease in the cost of work during the month under
consideration due to changes in rates for local labour.
Ls= The minimum wages for unskilled labour as Notified by
Government of Odisha as prevailed on the last stipulated date
of receipt of tender including extension, if any.

Lr = The minimum wages for unskilled labour as Notified by

Government of Odisha as prevailed on the last date of the
Month previous to the one under consideration.
Pr= Percentage of labour component of the work.

31(c): Adiustment of POL(fuel and lubricant) Component

(v) Price adjustment for increase or decrease in cost POL(fuel and

lubricant) shall be paid in accordance with the following formula:
V= 0.85 x P/100 x.R x (F1- Fo)/Fo
V= lncrease or decrease in the cost of work during the rnonth under
consideration due to chanqes in the rates for fuel and
lubricants.
Fo = The official retail price of High Speed Diesel (HSD) at the
existing consumer pumps of IOC I BPCLI HPCL at nearest
center on the day 28 days prior to the date of opening of Bids.
.Fr= The official retail price of HSD at the existing consumer pumps
of IOC / BPCL/ HPCL at nearest center for the 15th dav of the
month under consideration.
Pt = Percentage of fuel and lubricants component of the work

Nole: For the application of this clause, the price of High Speed Diesel
oil has been chosen to represent fuel and lubricants group.

e76'"^q q
\
^,
$'t

F
31(d): Adiustment for Plant and Machinerv Spares Component

(vi) Price adjustment for increase or decrease in the cost of plant

and machinery spares procured by the Contractor shall be paid
in accordance with the following formula.
Vp- 0.85x Pp/100x R x (P1- Po)/Po
Vp- Increase or decrease in the cost of work during the month
under consideration due to changes in the rates for plant and
machinery spares
P6 - The all India wholesale price index for manufacture of
machinery for mining, quarrying and construction on 28 days
preceding the date of opening of Bids as published by the
Ministry of Commerce and Industry , Government of India, New
Delhi.
Pr - The all India wholesale price index for manufacture of
machinery for mining, quarrying and construction for the month
under consideration as publlshed by the Ministry of Commerce
and lndustry , Government of India, New Delhi.
Pp- Percentage of plant and machinery spares component of the
work
Nofe . For the application of this clause, index of manufacturing of machinery for
mining, quarrying and construction has been chosen to represent the Plant
and machinery Spares group.

Regarding wholesale price Index (WPl) for appropriate commodity for

payment of price adjustment, due to change of base year of WPI from 1993-
94 to 2004-05 & 2011-12, it is observed that, the commodity 'Bars and Rod',
'Cement', 'Heavy machinery and parls'included in the list of WPI 1993-94
series are not mentioned as such in the WPI 2004-05 & 2011-12 series.
Therefore, the following items in the WPI 2004-05 & 2011-12 series shall be
considered corresponding to items in WPI '1993-94 series:

st. Item in WPI 1993-94 Item in WPI 2004-05 ltem in WPI2011-12

No. series series series
1 Cement Grey Cement Ordinary Port land
cement
2. Bars & rods Rebars Mild steel long
nrndr rntc

Heavy Machinery & Construction Machi nerv Manufacture of

parls machinery for mining,
quarrying &
construction.

'r
 31(e): APPLICATION OF ESCALATION GLAUSE:

The contractor shall for the purpose of availing reimbursemenurefund

and wages, keep such books
of differential cost of steel, bitumen, cement, pipe, PoL
of account and other documents as are necessary to show that the
amount of
of the same by a
increase claimed or reduction available and shall allow inspection
shall at the request of the
duly authorized representative of Government and further,
Engineer-in-Charge, furnish documents to be verified in
such a manner as the
kept' The contractor
Engineer-in-charge may require any document and information
'15 days of his becoming aware of any alteration in
shall within a reasonable time of
the price of such material, wages of labour and /or price of
P'o L' give notice thereof
pursuant to this condition
to the Engineer-in-Charge stating that the same is given
along with information relating to there to which he may
be in a position to supply'

Percentaqe Table

Category of works % Component (cost wise)

Sl No.
Labour I POL Steel (P')+ Cement
1Pr) I (P') (P.)+ Bitumen (Po)
+Pipes {Ppi) + Plant &
MachinerY SPare
&ComPonent(Po) +
Other Materials*
q 90
1 Road Works
bsP Bridge works 6 5 90
a. =
;-
rn
sL -:<.
6 an
6
P 9r Ei Building worKs
6 90
2 Structural work 5
cS
ov
P
6 on
E_e
o):
=
+
E
Eafth, Canal &
Embankment work
E Yt 8 6 6 90
P.H. Work Structural work

6 q Pipe- 70%
Pipeline Work
"Machrnery + Other
material -2Colo
6 6 HlPe- /U7o
Sewer Line *Machinery + Other
material -20%
the consumPtion of
cement, steel, Bitumen, pipe and Plant & Machinery
spare component in the
in shape of "Schedule
concerned works and shall be provided in the bid document
herewith)'
of Adjustment Data" as an "Appendix to Bid". (enclosed

{
 Appendix to Bid
Schedule of Adjustment Data

[For all works, adjustment factor for Labour and POL shall be considered @ 5%
each. Steel, Cement, Pipes, other Materials and Machinery shall contribute to 90%
of Price Adjustment and shall be calculated for each work separately during
preparation of estimate, shall be approved by the authorlty during technical sanction
as a "Schedule of Adiustment Data" and shall form oart of the Bid Documentl

' Cl. No- i lndex Source of index : Base a

Base iWeighta
; 31of : descripti : value" . Date* . ge of
. F2lP1 on i i ltem**
: Contrac :

: tsSl. t

,No. i
i: :-
.

iAtt inOia Wnole

,lcommodities) " sale price index (all i
""'".Y:':":"Y"^
j : c)rhor as published by the i

i 31 (a)(i) . V)'"iT"f , i Economi.c .Advisor to the Govt of

| , -"" i India, Ministry of Commerce and: i

ilrCqq.Itv, _
31 (a)(ii) :Cement Whole sale price index for Cement i

(Ordinary Portland Cement) as i

published by the office the Economic,

Advisor to the Govt. of lndia, Ministry:

:31 : - -"-'-
a -| - -' - -- -- \ ,

; (aXiii) : jSteel-Long
isteel-Long Products) as published by I i

i
I

i :the office of the Economic Advisor to i

iI i!
i
:!i..
ithe Govt. of lndia,
lndia. Ministry
Mini of i ;

i
i- - -- -
i
--- i---- -.--.
lCommerce and Industrv. ! i i

: 31
-...-.......-...t.-- -
Bitumen
----
iOfficial retail price of bulk bitumen at :
d.gp,ot ',
r ,

I (ex!y) : ry,G-991- j t]1q lgaleg_t Loc/ HPC*L

Pipes
:

: 31 (a)(v) r iWhole sale price index for the type of : :

Pipe
l under consideration, as
rpublished by the office the Economic
:Advisor to the Govt. of India, Ministry
: : iof Commerce and Industrv. i i
- 3i (b)-_iL5ooui- ilinimum- Wase -notiiido oy thei - I
,

i su
:i ; I Labour and Employee's State:
j

;
'
i r--., 1- ,- r
,

: i i Insurance Department of Government; ;i :

i iof Odisha, lndia

:'"'"
: i l

:- - i -- - :
i --'
i 31 (c) i POL iOfficial retail price of HSD at nearest: : |
---i------------- -
5%
i i i IOCL/ HPCL/ BPCL Consumer pump i , i

i Ii - idepot.
ide-Pql i. ...: :
i-.....
i et 101 i Plant and iWhole sale price index for i : i

Machinery Manufacture of Machinery for Mining,

Quarrying and Construction as
published by the office the Economic
Advisor to the Govt. of India, Ministry
of Commerce and lndustry.
Total | 100%
" Values to be filled up at the time of drawl of contract
"*Values to be filled up in the bid document.

ll rr t4
e\
 GOVERNMENT OF ODISHA
WORKS DEPARTMENT
* *-* * *
oFFrcE MEJVIOBANpUM
No.0755690005202 1 \r , BhUbaneswar, Dated. the ,-\-fuL )

Subject:-Additional Performance Security in case of Abnormally Low Bids (ALBs).

Additional Performance Security (APS) is being obtained from the Successful Bidder
when the Bid amount is less than estimated cost put to tender to the extent of exact amount of
differential cost i.e. estimated cost put to tender minus the quoted amount in shape of Term
Deposit Receipt pledged in favour of Divisional Officer/Bank Guarantee in favour of the
Divisional Officer from any Nationalized /Scheduled Bank in lndia counter guaranteed by its
local branch at Bhubaneswar within seven days of issue of Letter of Acceptance (LoA) by the
Divisional Officer (by e-lVail) to the successful bidder otheruuise the bid of the successful bidder
shall be cancelled and the Earnest Money Deposit/ Bid Security shall be forfeited. Further,
proceeding for Blacklisting shall be initiated against the bidder as per amendment to para 3.5.5
(v) of OPWD Code, Volume-l vide Works Department Office [Vlemorandum No. 144SgM dated
20.09.2018.
2. l-he State Government is in receipt of many representations that on account of
slowdown in economy due to the pandemic COVID-19, there is acute financial crunch among
many contractors, which in turn is affecting timely execution of the contracts. lt has also been
represented that this may affect the ability of the contractors to bid in tenders and hence reduce
competition. Requests are being received for reduction in quantum of Additional performance
Security in the Government Contracts.
3. ln view of the above, the State Government is pleased to fix the following rate of
Additional Performance Security;

Sl No Range of Difference between the Additional Performance Security to be

estimated cost put to tender and Bid deposited by the successful bidder
amount

i Below 5% No Additional Performance Security

ii From 5% and above and below 10% 50% of (Difference between estimated
cost put to tender and Bid Amount)

ilt From 10o/o and above 150% of (Difference between estimated

cost put to tender and Bid Amount)

4. This shall take effect from the date of issue of this Office l/lemorandum.
5. The codal provision exists in Works Department Office lMemorandum No.144SglW dated
20.09.2018 stands modified to the above extent with effect from the date of issue of this Office
[/lemorandum.

Byo of Governor,

(Dr rishan Kumar) ,/4

Comm issioner-cum-Secretary to Govern meht
 -2-

lVlemo No
\f60 , Dated 5- -9!,Zl
secretary
copy forwarded to Private secretary to Hon',ble chief Minister, crdisha/Private
of Hon'ble Chief Minister'
to Hon'ble Minister, Works, Steel & ttlines, Odisha for kind information
Odisha&Hon'blefVlinister,Works,steel&Mines,Odisha Ll71
FA-cum-Additional S:r to

[\4emo No
qf6t A/U., Dated ,-\-%oLt
Copy forwarded to OSDChief Secretary, Odisha/Sr' Private Secretary to
to
Development commissioner-cum-Additional chief secretary, odisha/
lir. Private secretary to
principal secretary, Finance Department for kind information of chief secretary/Development
Finatrce Department'
Commissioner-cum-Additional Chief Secretary/Principal Secretary,
,t>u1L
--14\tzz1
FA-cum-Additional ti ecretJfito Gdv6rrirhent'

Memo No
qf6 L Al/., Dated , -14 I

copy forwarded to the Principal Accountant Gent:ral (A&E), odisha'

puri Branch, Puri for information
Bhubaneswar/principar Accountant Generar (E&RSA), odisha,
and necessary action. =3>-777L -6al tz>t
FA-cum-Add itiona I r!)ecretary to G 5vbrA /nent

Memo No \f64 , Dated f '\ - Lo Zl

Director' OB&CC Ltd''
Copy forwarded to All Departments of Government/ tManaginSl
Director' OSPH&WC'
Bhubaneswar/tVlanaging Director, OCC Ltd. Bhubaneswar/Managinr;
Bhubaneswar for information and necessary action )t7
FA-cum-Additional liecretarY to nt

[Vlemo No \ra , Dated 5 -\-fugt

Water Resources,
Copy foruuarded to EIC (Civil), odisha/ElC (Buildings), odish:r/ElC,
control of
odisha/Elc (Rural works), odisha/All chief Engineers, under the 'l\dministrative
arrd H&uD Department/All
works Department, R.D. Department, water Resources Depafiment
Executive ingineers (under works
superintending Engineers (under works Department)/All
offices'
Department) for information and wide circulation among subordinate
<14,- n
l,
Memo No \n-6 r /W., Dated
FA- cu m -Ad

f -u-3-oJt
d it io n a
" "' "r^kl;r[,ilK',t
CopyforwardedtoosWASControlRoomwitharequesttouploadintheweb-siteof
works Department. {'*--*-..,1j;+I:rrt
FA-cum-Additionar Secretary to Govetnfnbrtt
q f66
Memo No A/V , Dated
Cuttack by e-
Copy forwarded to the Director, Printing, Stationary & Publication, Odisha,
in the next
mail (deputvdirectorpp@redifmail.com) for publication of this Officr: Vlemorandum
official use'
issue of odisha Gazette and supply 20 (Twenty) copies to this Departrnent for
<''477L
FA-cum-AdditionaI Secretary to Gov-erdnidnt -1ql>)1
 GOVERNMENT OF ODISHA
FINANCE DEPARTMENT
****
No 8913 IF Dated_1_g_.O_3_,_2_0_2._'_
FIN-COD-MISC-0007-2019

OFFICE MEMORANDUM
Subject: Bid Security I Earnest Money Deposit (EMD)

To safeguard against a bidder's withdrawing or altering its bid

during the bid validity period, Bid Security (also known as Earnest Money
Deposit) is obtained from bidders except those who are exempted from
paying Bid Security as per para-21 of FDOM No 4939/F Dated
13.02.2012. Besides, the State Government have exempted Micro and
Small Enterprises (MSEs) as defined in Odisha MSME Development Policy,
2016 and Start-ups as defined under Odisha Start-ups Policy, 2016 from
payment of Bid Security while participating in tenders vide FDOM No
27928/F Dated 16.10.2020.

2. The State Government is in receipt of many representations that on

account of slowdown in economy due to the pandemic, there is acute
financial crunch among vendors, which in turn is affecting timely
execution of the contracts. It has also been represented that this may
affect the ability of vendors to bid in tenders and hence reduce
competition. Besides, Government of India have made provision in Rule-
171 of General Financial Rule, 2017 asking the bidders for executing a
"Bid Security Declaration" in lieu of Bid Security with stipulation that if
they withdraw or modify their bids during period of validity etc., they will
be suspended for the time specified in the tender documents.

3. Considering the difficulties faced by the vendors and to facilitate

competition in wake of slowdown of the economy due to Covid-19
pandemic, it is hereby decided that no provisions regarding Bid
Security should be kept in the Bid Documents and only provision

llPage
 for "Bid Security Declaration" should be kept. Further, wherever,
there are compelling circumstances to ask for Bid Security, the same
should be done only with the approval of the next higher authority to the
authority competent to finalize the tender.

4. These instructions shall be applicable for all kinds of procurements

. viz Goods, Consultancy, Non-consultation and Works.

5. These instructions shall be deemed to be a part of Odisha General

Financial Rules.

6. Works Department shall make suitable amendment in the relevant

provisions of OPWD Code.

7. The above instructions will be applicable for all the tenders

issued till 31.12.2021.

By Order of Governor,

~X~~\
~\~~\
(Ashok Kumar Meena)
Principal Secretary to Government

21Page
Memo No 2;_4_1.....!-4~__ --1/F Dated __ '_15_,_c)_3_,_2_0_2_' __

Copy forwarded to the Principal Secretary to Hon'ble Governor /

Private Secretary to Hon'ble Chief Minister / P.S to Hon'ble Minister,
Finance & Excise for ki n d information of Hon'ble Governor / Hon'ble Chief
Minister / Hon'ble Minister, Finance & Excise,

M emo N o g;~..qs IF
---J Dated __ .L<6-=------, --=.()_3_,_2_6--'--.2-,-1 __

Copy forwarded to OSD to Chief Secretary for kin d information of

Chief Secretary.

Deputy Secretary to Gover

MemoNo ~_~_~~0 ~/F Dated ' _~_._C_S_._Q_O_~_\ _

Copy forwarded to all Departments / Secretary OLA / Accountant

General (A&E), Odisha, Bhubaneswar / Accountant General (G&SSA),
Odisha, Bhubaneswar / Accountant, General (E&RSA), Odisha,
Bhubaneswar / Deputy Accountant General (Works), Odisha, Puri /
Advocate General, Odisha, Cuttack / All Financial Advisors / All Assistant
Financial Advisors / Director, Gopabandhu Academy of Administration,
Bhubaneswar / Principal, short Hand and Type Writing Institute,
Bhubaneswar / all Treasury Officers / All Special Treasury Officers / All
Sub-Treasury Officers for information and necessary action,

Deputy Secretary ~ovj;1;~f\b~

Memo NO ~/1t11 --1/F Dated ' ~_._O_3_._2_0_2----,--1__

Copy forwarded to all Heads of Department/ All Revenue Divisional

Commissioners / All Collectors for information and necessary action,

~ ~
Deputy Secretary to Govern

3 Page
MemoNo __9_~_~
~ ~/F Dated !_8'"_._O_g_. 2_6_2-_1_

Copy forwarded to P.S. to Principal Secretary / P.S. to all Special

Secretaries / P.S. to all Additional Secretaries of Finance Department for
kind information of Principal Secretary / Special Secretaries / Additional
Secretaries.

MemoNo __4_~~
~_~ ~/F Dated I2s"_. 0_3_.2_0_2-._1 _

Copy forwarded to Commissioner of CT & GST, Odisha, Cuttack /

Director, Madhusudan Das Regional Academy of Financial Management,
Chandrasekharpur, Bhubaneswar / Director, Small Savings, Odisha /
Director of Treasuries and Inspection, Odisha, Bhubaneswar / Director,
Local Fund Audit, Odisha, Bhubaneswar / Controller of Accounts, Odisha,
Bhubaneswar / Chairman, Sales Tax Tribunal, Odisha, Bhubaneswar for
information and necessary action. 't\ ---'
<"t\" \ .s ~ ~ 'LA
Deputy Secretary to Governm nt . 1

Memo No %=1 <so --'/F Dated \_<K_·_c)_3_. 2_0_2-.:...1__

Copy forwarded to all Officers / all Branches of Finance Department

for information and necessary action.

Memo No <69 ~ I --'I F Dated -'-'2;"_.

0_3_,_2_0_2--,-1 _

Copy forwarded to the Head, Portal Group, Lok Seva Bhawan,

Bhubaneswar, Odisha for information and necessary action. It is
requested to hoist this Office Memorandum in the website of Finance
Department (www.odisha.gov.in/finance).

Deputy Secretary to Govern

4 Page