CASE STUDY NO. 1

In the variation statement received for Civil Engg works, it was noted that for some items like ceramic tiles and structural steel wide variations take place. A scrutiny of the Standard Schedule of Rates 1990 of Central Railway revealed that for the following items the basic rate provided in the schedule itself is on the higher side.

(i) SOR ITEMS 07413(a to d)- (Printed self design tiles)
BASIC RATE- Rs.468.40/sq.metre
VALUE IF 100% OR ABOVE SOR IS APPLIED - Rs.936.80/sq.metre

(ii)SOR ITEMS 12101 & 12102 (Structural Steel)
BASIC RATE- Rs.13647/MT & Rs.27294/ MT
VALUE IF 100% OR ABOVE SOR IS APPLIED - Rs.13603.80/MT & Rs.27207.60/MT

If the contractor quotes a flat percentage rate for a Civil Engg work involving the above items alongwith other SOR items, he gets unintended benefit in the event of an excess variation taking place in these items as the basic rate in the SOR itself is very high. This also leaves a scope to give undesirable benefit to the contractors.

On one of the Divisions the Divisional Accounts Office raised the issue of segregating the Steel items for the first time in October 1999 which was unfortunately ignored by the executives.

The matter was again raised in May 2001 in which the executives concerned were asked to bifurcate the estimates and tender schedules by providing all SOR items(except Tiles/Steel) in one part of the schedule/estimate and the SOR items of Tiles/Steel (referred to above) in two other separate parts. This issue was bitterly resisted against by the executives under the shelter of Railway Boards letter No.87/W1/CT/65 of 13/01/1998 as per which Board desired that, 'the practice of calling item wise rates to be quoted by the tenderer should be avoided as far as possible.' After much persuasion the executives were made to agree to this office's contention about providing the tender schedule in three parts.

This has yielded handsome results in terms of saving. While the SOR rates now being quoted are still in the range of 90% to 140% above the Schedule rates, the percentage being quoted for the items of Ceramic Tiles in some of the recent tenders are as under :-

(i) SOR ITEMS 07413(a to d)- (Printed self design tiles)
BASIC RATE- Rs.468.40/sq.metre
RATES RECEIVED - 10% & 18% above in Oct. 2001 and 32% above in Dec. 2001 The savings per square meter comes to Rs.421.56 which is 45% lower than the rates received earlier.

Similarly for Structural Steel items also the rates have come down as under :-
(ii)SOR ITEMS 12101 & 12102 (Structural Steel)
BASIC RATE- Rs.13647/MT & Rs.27294/ MT
RATES RECEIVED - 76% above (Nov-2001) & 49% above (Oct-2001)
The savings per tonne is Rs.3264/- which is 12% lower than the rates accepted earlier.
In fact now reduced rates in all tenders opened before are also being insisted upon. the bifurcation of the schedule was implemented for all variation proposals in which these items have varied in excess of 25%. It can be concluded with a fair degree of optimism that there will fewer cases of excess variation in these two items at the work execution stage since the rates of these items are no longer unduly beneficial.

Conclusions
(a) These instructions can be implemented on other Divisions also and there may be many more such items in the existing SOR whose basic rate when escalated at prevailing percentages (above) is much higher than the market rates. There is therefore a pressing need for immediate revision of the existing SOR which is now more than ten years old.
(b) It is no doubt desirable to have a single percentage rate for all schedule items since it avoids vitiation, but for implementing these instructions, the basic rates should be realistic and based on a rigorous, reliable and joint market survey of Executive and Accounts.
(c) There is an urgent need to fix a basic rate for NS items also which are frequently used and amalgamate them as SOR items.
The bifurcation of the tender Schedule has already led to substantial savings which in monetary terms is more than Rs 5 Lakhs till date and this would be a recurring gain to railways in all future tenders.

CASE STUDY NO. 2 - In a scrutiny of a brief note on one of the Divisions of Central Railway the following serious irregularities came to light.

1)The briefing note was for the work of nightlighting arrangement of 550 units of generating sets for execution of Civil Engg track works in night block. The tender was floated by charging the work to an estimate sanctioned for 720 units.
Since meticulous records of tenders floated against a particular estimate are being maintained by associate finance, it was discovered that two tenders against the same estimate for a quantity of 400 units each ( i.e.net excess of 80 units over the estimated quantity) have already been floated in the past. In all the 3 cases the photocopy of the same sanctioned estimate was placed in the Tender File. The third tender was therefore floated in an irregular manner as the estimated quantity had already been exceeded in the first two tenders itself.

2)The rate/unit in the two tenders floated earlier was for Rs.1250/unit whereas the lowest offer in the third tender was Rs.1350/unit. On detecting this irregularity the third tender was got cancelled at the behest of advice issued by Sr.DAO's office.

3)In view of this serious irregularity having come to light, all cases of night lighting in the Sub-Division of the Engineer concerned were reviewed. The review revealed that a proposal for change of location was being processed simultaneously from the second tender of Rs.1250/unit to another section where one more work @ Rs.750/unit was already in progress. This also revealed that the estimated quantity in the second tender was exceeded inspite of the fact that there was no requirement for the excess quantity in the section concerned as otherwise the need for change of location to exhaust the tendered quantity would not have arisen.

Sr.DAO's office therefore did not agree for the change in location as a lower rate of Rs.750/unit was already available in the section to which change of location was proposed. It was further stated by us that if at all the work has to be executed at the changed location, it has to be at Rs.750/unit. The executive concerned had no choice but to accept our contention. On a parallel front, enquiries were also made from the Operating Dept for the exact number of night blocks allowed by them during the said period on the said sub division. Based on the facts provided by the section controller, the Executive was further asked to reduce the quantity of the total units to be executed at the changed location which was promptly agreed to by them. Thus a saving of more than Rs.9 Lakhs was effected due to :-

a)the cancellation of the third tender of 550 units @ Rs.1350/unit.
b)ensuring that the rate for the change of location was @ Rs.750/unit instead of the contracted rate of Rs.1250/unit and
c)reduction in the quantity executed in the changed location.
This case has enabled the division to reinforce the following safeguards :
i)To avoid multiple invitation of tenders being charged to the same estimate, copy of the original vetted/sanctioned estimate is being insisted upon with every brief note and an endorsement about the total quantity tendered for is made on the body of the same duly signed by the Section Officer.
ii)Creation of a comprehensive and exhaustive computerised database of accepted rates has enabled prompt availability of LOWEST Last Accepted Rates(LAR) in the Accounts Office for any particular work/item which is then highlighted in the accounts check sheet of the brief note thereby helping the Tender Committee in deciding about negotiation/counter offer on the rates quoted by the lowest tenderer. This is very vital and has led to substantial savings since more often than not it is seen that the rates section of the executive dept. have not furnished the lowest LAR in the briefing note but instead LARs which are slightly lower/higher than the rate quoted by L1 are indicated so as to make the L1's rate appear reasonable.
Similar case has also been detected in another section where variations have been proposed in contracts for Provision of signage boards at higher rates when contracts at lower rates are already available in the same section. The variation case has not been resubmitted.
This experience is being shared for the benefit of other accounting units..

CASE STUDY NO. 3 - Tender for supply, installation, testing and commissioning of digital electronic exchanges at 3 different locations.

Central Railway invited open tender for the above work with an approximate cost of Rs.2.5crores with a stipulation that in order to qualify for this work tenderers quoting for this tender should have completed atleast one similar work costing not less than 1/4th of the value of the total cost of this tender during the last three years.

In response seven offers were received. The lowest offer L 1 from M/s. A being less than Rs.2 crores ( Rs.1.86crs.), the tender committee meeting was held at JA grade level in which the committee observed that L1 is not suitable since the firm have not executed similar type of work having 1/4th value in the past three years, which is a precondition. The next offer being more than Rs.2 crores the papers were put up to SAG level tender committee for deliberations. After perusing the documents, Finance Member of SAG level committee observed as under.

The latest specification of RDSO came into force hardly one year back, whereas Tender condition is that the tenderers should have completed similar work of 1/4th value in the past three years. JAG committee has seen the latest specification and observed that L1 does not have sufficient experience of similar type of work having not done 1/4th value work as per the latest specification. However, it is observed that L1 already had done similar type of work i.e. commissioning of exchanges, some of them costing more than a crore of rupees ( with old specification). He argued that 'similar' work is not same work.
Finance Member also pointed out that the turnover of L1 as per the ITCC submitted in the last three years is about Rs. 1750 crores per annum. It was therefore felt that a firm having such a big turnover will definitely have sufficient capacity for executing a work of Rs.1.85crores.
After due deliberations convenor of SAG level committee and other member were convinced by the finance member's argument. Tender committee at SAG level finally decided to go in for the offer by L1 which was subsequently accepted by the competent authority and agreement is also executed accordingly
The difference between L1 & L2 in this case was Rs.38 lacs.(Approx.)
As a precautionary measure to guard against failure of L1, the tender committee also recommended that since this new type of exchange is not so far installed in this zonal railway L1 would be asked to submit bank guarantee of about 45% of the value of work, amounting to Rs.85 lacs for the cost of imported equipment, which would be valid for six months after the Warranty period.

CONCLUSIONS FROM THIS CASE


-The date of specification must be seenn before asking for previous experience
-ALL TC MEMBERS MUST STUDY ALL THE OFFEERS AS WELL AS THE TENDER SPECIFICATIONS.
-Higher level TC must see whether the llower level TC has rejected the lowest correctly or not



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