Q1) Explain Analysis of rates knowing cost of material, labour, equipment, overheads, profit, taxes etc.?

A1)

Rate analysis: -

Quantity of materials and cost: -

Labour cost: -

Cost of equipment, tools, plants: -

Overhead charge: -

a) General overhead. 

b) Job overhead. 

This are explained as below:

a) General overhead: -

b)  Job overhead: -

Establishment charge: -

 Contractor profit: -

Taxes: 

The contractor shall count on and pay all taxes and contributions which includes, however now no longer restricted to, State, Federal, and Municipal which might be payable via way of means of distinctive feature of the furnishing and transport of the objects specified.  Materials and offerings furnished via way of means of the College aren't concern to income tax and can be waived for the widely wide-spread contractor.

Q2) Explain specifications – Preparation of detailed and general specifications?

A2)

Specifications:

Purpose of specifications:

Types of specification:

a)  Brief specifications. 

b) Detailed specification. 

1) General specification. 

2) Technical specification. 

3) Standard specification. 

There are explain as follows: -

a)  Brief specification: 

b)  Detailed specification: -

1)  General specification: -

2)  Technical specification: -

3) Standard specification: -

Q3) What is legal aspects of contracts?

A3)

The 4 critical elements of a legitimate settlement are: “unfastened consent” of events that are “equipped to contract” (assume adult/ sound mind) for a “lawful consideration” with a “lawful object”.

Consent is stated to be “unfastened” whilst it isn't prompted because of coercion, undue influence, fraud, misrepresentation or a mistake.

Agreement For a contract to exist mutual know-how and assent as Lo l e phrases of the settlement are essential. The wording of the agreement ought to be such that the intended interning is specific and clear. Generally speaking, signatures of each event on the document indicates a settlement. However, be neat sure circumstances, contract may be unfilled v11icn there's enough proof to reveal that there has been no actual settlement.

Lawful Subject Matter

An agreement may become unlawful or unenforceable if t& difficulty rely contained in it is in opposition to (a) the rules of common regulation, (b) country laws, and (c) set up public coverage. Contracts involving (a) crime, (b) fraud, (c) collusion, (d) speculation, or (e) gangling are examples of illegal difficulty rely. Subject rely in opposition to public coverage is imperceptible 'and tough Lo outline besides h~ conditions wherein it conflicts with the pastimes and welfare society it ld the obstruction of justice.

Contracts that restrain opposition or collusion in bidding to create a monopoly are contracts in opposition to public coverage. If someone enters into an unlawful agreement knowingly, it isn't a foundation for searching for relief in case of loss or damage. Contractile events are assumed to be conscious of all prison implications earlier than signing the contract.

Valid Consideration

Legally speaking, attention item’s an act of one party in return for an act or promise of the other. 'The requirements of the regulation of contracts are happy if the attention is actual, legitimate and valuable. The feature of the regulation is to guarantee that the attention on slick the contract turned into primarily based totally and now no longer to judge its equity or adequacy. 171c curls will now no longer try to make a good buy for both of the events, instead, they will try and determinant from the proof what lie good buy sincerely turned into. Competent Parties Laws related to the competency of m y contracting events range from kingdom to kingdom. Any one appearing in good religion may input right into a binding settlement provided he isn't always a minor, insane o r in a drunken kingdom. A settlement lilied with a minor isn't always enforceable towards the Minor however is enforceable against the opposite party. After a milliner attains 21 years of age, he may verify a settlement invade formerly and make it binding. If a minor obtains possession~ of products it hard an illegal settlement, he can't maintain the goods. A settlement with an inset individual or made while in a drunken kingdom is legal (in a few states) if made in excellent faith and if the individual knew what he become doing.

Matter of competency to settlement is essential to engineers forming corporations. A business enterprise is someone formulated via way of means of regulation, and it has handiest such powers because the regulation confers upon it* and the sorts of settlement which a business enterprise may input into is limited. Thus, i1 barrage settlement might also additionally encompass the development of a bridge on its camels however may have no proper to settlement for the development of a pleasure resort to draw tourists.

The mauler in which a business enterprise might also additionally contract is precisely prescribed via way of means of statutes or its bye-laws, and failure to look at those might also additionally void a settlement.

If due to incompetency, a settlement with a non-public corporation fails, the opposite party might also additionally be capon a position to get better something for his offerings if the business enterprise has made use of them, however it is time eating and expensive. But in a void settlement with a public business enterprise, there isn't any t any possibility of healing even in a regulation suit.

Competency to settlement is import cult to engineers in reference to govt. Companies. Contracts with Municipal, State and Central Government companies need to be invaded in the authority of the contracting officials of the one’s companies.

Q4) Explain Laws related to contracts, Land acquisition, Labour safety and welfare?

A4)

1. Laws related to contracts

The Indian Contract Act, 1872 prescribes the regulation referring to contracts in India and is the important thing act regulating Indian agreement regulation. The Act is primarily based totally at the standards of English Common Law. It is relevant to all of the states of India.

It determines the occasions wherein guarantees made through the events to an agreement will be legally binding. Under Section 2(h), the Indian Contract Act defines an agreement as a settlement that's enforceable through regulation.

The Act as enacted at the start had 266 Sections, General Principles of Law of Contract – Sections 01 to 75 Contract referring to Sale of Goods – Sections seventy-six to 123 Special Contracts- Indemnity, Guarantee, Bailment & Pledge and Agency – Sections 124 to 238 Contracts referring to Partnership – Sections 239 to 266 At gift the Indian Contract Act can be divided into parts:

Part 1: offers with the General Principles of Law of Contract Sections 1 to 75

Part 2: offers with Special styles of Contracts such as Contract of Indemnity and Guarantee Contract of Bailment and Pledge Contract of Agency.

1. Offer 2(a): When one character indicates to some other his willingness to do or to abstain from doing anything, a good way to acquiring the assent of that different to such act or abstinence, he's stated to make an idea.

2. Acceptance 2(b): When the character to whom the idea is made, indicates his assent there to, the idea is stated to be standard.

3. Promise 2(b): A Proposal whilst standard will become a promise. In easy words, whilst a proposal is standard it will become promise.

4. Promise and promise 2(c): When the idea is standard, the character making the idea is known as promise and the character accepting the idea is known as promise.

5. Consideration 2(d): When on the preference of the promise, the promise or some other character has carried out or abstained from doing or does or abstains from doing or guarantees to do or to abstain from doing something such act or abstinence or promise is known as an attention for the promise. Price paid through one birthday birth day celebration for the promise of the alternative technical phrase which means QUID-PRO-QUO i.e., something in return.

6. Agreement 2(e): Every promise and each set of guarantees forming the attention for every different. In short, a g r e e m e n t = p r o m i s e + c o n s i d e r a t i o n. Settlement= promise +attention.} settlement = promise +attention.}

7. Contract 2(h): A settlement enforceable through Law is a settlement. Therefore, there have to be a settlement and it must be enforceable through regulation.

8. Reciprocal Promises 2(f): Promises which shape the attention or a part of the attention for every different are known as 'reciprocal guarantees'.

9. Void settlement 2(g): A settlement now no longer enforceable through regulation is void.

10. Voidable settlement 2(i): A settlement is a voidable settlement if it's far enforceable through Law at the choice of 1 or extra of the events there to (i.e., the aggrieved celebration), and it isn't always enforceable through Law at the choice of the alternative or others.

11. Void settlement 2(j): A settlement will become void whilst it ceases to be enforceable through regulation.

Rules:

Acceptance needs to be absolute and unqualified. If the events aren't concurred on all subjects regarding the provide and reputation, there's no legitimate agreement. For example, "A" says to "B" "I provide to promote my vehicle for Rs.50,000/-. "B" replies "I will buy it for Rs.45,000/-".

This isn't always reputation and consequently its quantities to a counter provide. It needs to be Communicated to the offer. To finish an agreement among events, the reputation have to be communicated in a few prescribed forms. A mere intellectual willpower at a part of offer to just accept a proposal does now no longer quantity to legitimate reputation.

Acceptance has to be within side the mode prescribed. If the reputation isn't always in step with the mode prescribed or a few typical and affordable mode (in which no mode is prescribed) the offer or can also additionally intimate to the offer inside an affordable time that reputation isn't always in step with the mode prescribed and can insist that provide be standard within side the prescribed mode only. If he does now no longer tell the offer, he's deemed to have standard they provide.

For example, "A" makes a proposal to "B" says to "B" that "in case you take delivery of the provide, respond with the aid of using voice. "B" sends respond with the aid of using post.

It might be a legitimate reputation, unless "A" informs "B" that the reputation isn't always in step with the prescribed mode. Acceptance has to accept inside an affordable time earlier than the provide lapses. If any time restriction is precise, the reputation has to accept in the time, if no time restriction is precise it has to accept inside an affordable time. It can't precede a proposal. If the reputation precedes a proposal, it isn't always a legitimate reputation and does now no longer bring about agreement. For example, in an organization stock had been allocated to someone who had now no longer carried out for them. Subsequently, whilst he carried out for stocks, he turned into un aware about the preceding allotment. The allotment of proportion preceding to the utility isn't always legitimate.

Acceptance with the aid of using the manner of conduct. Mere silence isn't any reputation.

An Act to amend the regulation for the purchase of land for public functions and for Companies whereas it's far expedient to amend the regulation for the purchase of land wanted for public.

Functions and for Companies and for figuring out the quantity of repayment to be made on

Land acquisition is the method of purchasing a chunk of land. The motivation in the back of land acquisition may be varied; possibly as an opportunity funding to shares, because the start line for a self-construct project, to expand at a later date, and so on. As with different styles of acquisition, the caveat emptor rule applies which makes it incumbent at the purchaser to adopt thorough studies to become aware of any capacity dangers or problems.

The value of a plot of land relies upon on elements along with; the preference of the seller to sell, location, size, form, accessibility, proximity to infrastructure and shipping links, the overall nation of the belongings market, whether or not it has or is probable to acquire making plans permission and so on. The term 'present use fee' refers to what land is really well worth in its modern form, whereas 'desire fee' refers to what it's miles really well worth primarily based totally on the expectancy of having permission for improvement. Generally, land that has making plans permission for improvement has a better fee than land that does not.

Land acquisition strategies include: Through a consent-primarily based totally obligation: A gift, agreement of a trust, agreement, and so on. Resulting or positive trust: Acknowledges the contribution (monetary or otherwise) that a man or woman has made to the land and/or belongings on it.

Assurance: A declare of proprietary stopped is a manner for humans to accumulate rights in land if dealings with a landowner have fallen brief of an agreement. Adverse ownership: A declare of a proper in land if it's been inhabited lengthy enough.

If someone has been in ownership of land for 12 years, they'll be capable of accumulate prison name to it. Compulsory purchase: Making it to be had for public works along with constructing infrastructure, utilities or housing developments.

2.     Labour safety and welfare.  

Such fashionable subjects as occupational fitness and twist of fate prevention rules and offerings; unique rules for dangerous occupations along with mining, construction, and dock work; and provisions regarding such fitness and protection dangers as poisons, risky machinery, dust, noise, vibration, and radiation represent the fitness, protection, and welfare class of labour law.

The efforts of prepared protection moves and the development of occupational remedy have produced complete occupational fitness and twist of fate-prevention offerings and rules now not restricted to three specifically acute dangers however masking the overall variety of risks bobbing up from cutting-edge business processes. Major trends encompass multiplied challenge with the extensive use of chemical substances and growing provision for welfare centers associated with employment, consisting of feeding, rest, recreation, and shipping centers.

Acute, every now and then notably controversial, problems, specially within side the value and performance of administrative business enterprise of social protection packages and of hospital therapy, continue to be nearly everywhere. But many nations have made development in making better requirements of hospital therapy to be had as a prison proper and in changing the assure of primary earnings as a safety in opposition to need into provision for powerful earnings protection within side the occasion of unemployment or lack of the own circle of relative’s breadwinner.

The concept remains developing. The fashion is to develop it to the factor at which it consists of all of the various dangers of life, consisting of injuries of any kind, with the concept of facilitating monetary increase with the aid of using decreasing the human value of structural change. The sample varies broadly in special countries, in part as a mirrored image of various relationships among social protection and personal life, retirement, and fitness insurance, and in part due to variations in monetary and social conditions

Q5) Explain different types of contracts, their relative advantages and disadvantages?

A5)

Contract there are three types

1.  Item rate contract:

It is also called as unit-price contract or schedule contract.

For item rate contracts, it is important that contractors are required to assign rates for individual item of works on the basis of schedule of quantities.

This schedule indicates full nomenclature of the items as per sanctioned amounts estimates, estimated quantities and unit therein.

The final total of the amount tendered for the work is also drawn up by them.

This type of contract is generally followed by railway department.

2.  Lump sum contract:

A lump sum contract is the traditional means of procuring construction, and still the most common form of construction contract. Under a lump sum contract a single lump sum price for all the works is agreed before works begin.

The departmental schedule rates for various items of work are also provided which regulates the payment of contractor in respect of items of work involved for any additions and alternation not covered by original work.

3. Cost pulse percentage rate contract:

In tendering for work on "cost plus" basis the contractor is paid the actual cost of work, plus an agreed percentage in addition, to allow for profit.

This type of contract is generally used when conditions are such that labour rates and materials rates are liable to vary.

In adopting this system of tendering no "Bill of quantities" of "schedule of rates" has to be framed but the owner or the department should carefully define the actual cost and record exactly what is exactly permissible in the cost of work.

Q6) What is elements of tender preparation?

A6)

The various terms and conditions of contract which are able to be formulated while inviting tender for civil engineering work are:

(a) The Notice Inviting Tender (N.I.T.) is standard approved from of a department.

(b) Tender form with standard conditions of contract.

(c) Schedule of quantities of works to be done and materials, tools and

Plants to be   supplied by the department if any.

(d) Special terms and conditions.

(e) Complete specification of the work, to be executed.

(1) Special specification and additional condition of contract.

(g) One set of approved drawing where necessary.

(h) All the above documents are signed by contractor page by page, necessary entries are made and a forwarding letter on letter head of contractor with bank draft are put in closed cover.

All the above documents are signed by contactor page by page, necessary entries are made and a forwarding letter on letter head of contractor with bank draft are put in closed cover. The cover is then sealed and dropped in the tender box within the time limit for tender. The name of the work and the name of the contractor are superscripted on the cover. Before inviting any tender, the detailed estimate of the work which shows the quantities of all works to be done, their rates and total amount along with the specifications to be adopted is to be prepared and sanctioned.

Q7) What is process of tendering?

A7)

Q8) What is pre-qualification of contracts?

A8)

Advantage:

Disadvantage:

1) No. Open competition: - It’s only for qualified contractor have to apply for work. 

2) Complicated application from: - Any ordinary contractor may not be able to fill the complicated application form correctly. 

3) Malpractice in classification: -There is every possibility of malpractice at a time of pre-qualified of contractor. 

Q9) Explain Evaluation of tenders, contract negotiation and award of work?

A9)

Following to the invitation to tender, bidders submit their responses to the tendering authorities. Tender response may include all the important documents of how the contractor services will fulfill the desired requirements of the owner. Once all the tender responses are received, evaluation process begins, to identify the preferred contractor for the contract award.

The evaluation team now sits for the careful assessment of the bid proposals. The evaluation team is the team of experts that involves; technical experts, financial experts, purchasing experts and if required legal and commercial experts. To start with, they thoroughly go through the proposal making sure the bid is compliant and all the important documents are properly attached.

As the bid proposals are important commercial documents that are highly organized, they have a uniform pattern. The evaluation process also has a defined pattern and all the bid proposals are evaluated in the same set pattern.

A formal evaluation process may consist of the following criteria

Criteria for a formal evaluation process

These criteria are then given weight age according to their importance, and each tender response is given score ranging from 0 to 10. 0 represents the lowest score whereas IC represent the highest possible score.

1. Financial Evaluation

The financial expert of the evaluation team will weigh the benefit of your tender proposal against the entire cost of the tender. Your financial statement will provide proof or assurance of the financial soundness of your organization. The assesses may consider the wider benefits of doing business with you and the benchmark for excellence.

2. Technical Evaluation

Technical assessment represents the response of the bidder towards the technical aspects of the contracts.

The technical evaluation scrutinizes the capability of the contractor, availability of key resources, product feasibility, innovations and added value.

On technical background, your bid response should demonstrate how your product can meet the client's requirement on basis of above parameters,

3. Capability Evaluation

This evaluation criteria will evaluate your client's experience, system management and procedures, resources, claimed manpower, geographical coverage etc. this will help buyer to gauge the supplier's working process, his strengths and weaknesses against the proposed tender requirement.

4. Service Evaluation

The evaluation team will conduct a detailed assessment of the contractor services ranging from his experience, resource structure to service delivery model.

These evaluation criteria will give a fair idea to the buyer regarding how the mobilization of contractor services will meet the buyer's requirement.

5. Contract Award

After evaluating all the received proposals, the team will give its recommendation on each of the received bid proposals and will announce the winner.

Both successful and the unsuccessful bidders are notified with the results.

The unsuccessful tenders will receive a feedback from the contracting authority as to why they could not make up to the contract award.

The winner and the contracting authority then set up a meeting to discuss the pre-start-up activity and other negotiations to start with the work.

Once you submit your tender response against the invitation to tender, the contracting authority will evaluate your proposal on above mentioned criteria i.e., financial, technical, capability and services.

All the contracting authority produce a scorecard for all the tender proposals after evaluation this might help you understand where you stand in the evaluation process.

In cases where you lose the contract, you should always request the authority to provide you with constructive feedback.

Constructive feedbacks help you fill your gap areas and improvise on your bidding strategies.

Q10) Explain monitoring of contract extra items?

A10)

Item of work are not included in accepting tender are to sanction by and paid for executive engineer. 

The amount of each extra item should be within amount up to Rate, 10,000/-

The total cost of all extra item within the amount up to executive’s engineer is empowering to accept tender. 

The rate extra item, which fairly comparative with similar item already includes in accepting tender be decided by executive engineer after the convince the contractor. 

The work extra item should carry by contractor after receiving formal written orders from engineer in charge of work. 

The rate of extra item is subject to careful scrutiny by division accounts before they sanction and paid by competent authority.