Jharkhand Gazette, No. 540, 02 November 2020

Cabinet Secretariat and Vigilance Department

(Vigilance)

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NOTIFICATION

21 OCTOBER, 2020

03/नि0वि0/त0प0को0(स्था0)-02/2020 1076 .. In exercise of the power conferred by Article 162 of the Constitution of India the Governor of Jharkhand is pleased to make the following "Jharkhand Schedule of Rate framing Standard Operating Procedure, 2020".

Jharkhand Schedule of Rates framing Standard Operating Procedure, 2020

1. Short Title and Commencement–

(a) These rules may be called the "Jharkhand Schedule of Rates framing Standard Operating Procedure, 2020"

(b) It shall come into effect from the date of its notification in the official gazette.

2. Definitions: In these rules unless the context otherwise requires:

a. "Branch" of Public Works Department means any of the Works Department in the state of Jharkhand i.e. Road Construction Department, Building Construction Department, Rural Development Department, Rural Works Department, Drinking Water and Sanitation Department, Water Resources Department, and Energy Department.

b. "CPHEEO" means Central Public Health Environmental Engineering Organisation.

c. "CPWD" means Central Public Works Department.

d. "Government" means Government of Jharkhand as defined in the Rules of Executive Business.

e. "Public Work Department" means Road Construction Department, Building Construction Department, Rural Development Department, Drinking Water and Sanitation Department, Water Resources Department and Energy Department. f. "PWD Code" means Jharkhand Public Works Department Code, 2012 as amended from time to time.

g. "SoR" means schedule of rates.

h. "SoR Cell" means schedule of rates cell in any Branch of Public Works Department with sole purpose of providing input for preparation of SoR.

i. "Standard Operating Procedure" means Jharkhand Schedule of Rates framing Standard Operating Procedure, 2020.

j. "State Level SoR Committee" means state level committee constituted under rule 103 of PWD Code for schedule of rates.

k. "TEC" means Technical Examiner Cell under Department of Cabinet Secretariat & Vigilance.

l. In case of ambiguity on the terminology used in this Standard Operating Procedure refer CPWD manual.

3. Purpose: The Purpose of framing this Standard Operating Procedure is to bring uniformity in preparation of the SoR for Public Works Department of Government.

4. Objectives of the SoP:

(a) To incorporate uniform specification for similar nature of items in the SoR of Public Works Department and works related to autonomous organization under the Government.

(b) To standardize common items in SoR based on needs and requirement specific to Public Works Department and works related to autonomous organization under the Government.

(c) To prescribe procedure to be adopted in the preparation of rate analysis for all the items in SoR including but not limited to adoption of standard data book of Government of India, adoption of standardized depreciation-based methodology for estimation of hiring and running charges of machinery and fuel cost indexing.

(d) To standardize process of inclusion of new items in SoR in light of continued technological upgradation and field requirements, including vetting and validation process for new technologies.

5. "State Level SoR Committee" The State Level SoR Committee shall supervise & monitor the process being followed by the Public Works Department during preparation of SoR and finally approve the schedule of rates. The Committee shall be notified as per rule 103 of PWD code. Presently this Committee has been notified vide letter no 1079(S) dated- 22.04.2020 of Road Construction Department.

State Level SoR Committee may invite officials from Department of Mines & Geology and Department of Industries, Government of Jharkhand to consult on aspects related to their respective departments.

6. Dedicated SoR Cell:

(a) Dedicated SoR Cell in TEC and Public Works Department: TEC and all Branches of Public Works Department shall create dedicated SoR Cell in their respective department. Dedicated SoR Cell in each Public Works Department and TEC shall consist of the following Officers:

(i) Superintending Engineer: 1

(ii) Executive Engineer: 2

(iii) Assistant Engineer: 4

The officers posted/ deputed in the dedicated SoR Cell of each Public Works Department and TEC shall be assigned exclusively for the purpose of preparation of SoR only.

(b) Dedicated SoR Cell in Public Works Department shall supervise and monitor the process of preparing SoR of its Division and Circle and finally send recommendation to the SoR Cell of TEC.

7. Following steps shall be followed for preparation of SoR

(a) Fixation of rates for the below mentioned categories

(i) Material

(ii) Hire Charge of Plant & Machineries

(iii) Labour Rate

(b) Finalization of Data Book for :

(i) Common items of works

(ii) Department specific items of works

(ii) Overhead charges & contractor's profit

(d) Handle Non-Scheduled Items / New Items

8. Fixation of Material Rates :Total number of materials for items of works in SoR Cell of Public Works Department shall be approved by State Level SoR Committee under one Head "MATERIALS" with unique identity number say M1, M2,M3……….Mn.

(a) Rates of materials except for Bitumen, Cement, Steel, Ductile Iron (DI)/Cast Iron (CI)/High-density Polyethylene (HDPE)/ Medium-density Polyethylene (MDPE) / Mild Steel (MS) pipes and any other item identified by the State Level SoR Committee shall be finalized in the following manner:-

(i) Executive Engineer of the Works Division nominated by the Superintending Engineer of the Circle of each Branch of Public Works Department shall invite quotation through e-tender for rate of each material. The notice inviting e-tender shall be published through newspaper publication (at least one local and one national). The details of the bid shall also be displayed for information on the departmental website.

A standard e-tender document with proper specifications of the materials & Notice Inviting Tender (NIT) shall be circulated by the SoR Cell of Public Works Department for this purpose.

(ii) Market survey shall be conducted by the same Works Division as mentioned in clause (i).

(iii) Rates procured through quotation and market survey shall be submitted to the concerned Superintending Engineer of work Circle by way of comparative statement. The reasonable rate shall be arrived at after considering the e-tender quotation and market survey and same shall be forwarded to the SoR cell of their respective Branch of Public Works Departments with recommendations.

(iv) The SoR Cell in every Branch of the Public Works Department shall prepare a comparative sheet of the rates recommended by Superintending Engineers and after due diligence it may accept, modify or reject the recommendations made by Superintending Engineer. The SoR Cell of each Branch of Public Works Department shall send its recommendations to the dedicated SoR Cell of TEC for approval.

(v) All above said procured rates shall be placed by the dedicated SoR Cell of TEC before the State Level SoR Committee. The State Level SoR Committee, while finalizing the rates, shall ensure that adequate efforts have been made by each Branch of the Public Works Departments and their field offices in collecting ground level data, including quarry visits, inquires with major bidder, documentation of inputs etc.

(vi) State Level SoR committee may accept, modify or reject the recommendation of the SoR Cell of the Public Works Department.

Note: Wherever there is difficulty in arriving at a reasonable rate through e-tender, rates specified by CPWD may be considered.

(b) Rates of Bitumen, Cement, Steel, DI /CI /HDPE /MDPE/MS pipes and other such materials identified by State Level SoR Committee shall be finalized in the following manner:

(i) Quotations shall be procured from primary manufacturers/ authorized dealer by the dedicated SoR Cell of every Branch of Public Works Departments through e-tenders only. For this purpose, e-tenders shall be floated after fixing the specification of each material and after obtaining approval on e-tender document by the State Level SoR Committee. Special conditions for these materials are given in para 14 of Standard Operating Procedure.

(ii) SoR Cell of every Branch of Public Works Department after due diligence shall forward the proposal with their recommendations to SoR Cell of TEC for its approval.

(iii) Lowest quoted rate (L1) will be considered by the State Level SoR Committee.

9. Fixation of hire charges of Plant and Machineries : Total number of Plant & Machineries for items of works in SoR of every Branch of Public Works department shall be listed by the State Level SoR Committee under one Head

"Plant & Machineries" with unique identity number (say PM1, PM2, PM3…PMn) Procedure for fixing Hire Charges of Plant &Machineries:

(a) Market survey shall be conducted by dedicated SoR Cell in every Branch of Public Works Department.

(b) Quotations regarding cost of hiring of Plant and Machineries shall be arrived at by getting rates from Owners/Lessee of the Plant & Machineries through e-tender process only. The e-tenders shall be prepared by the dedicated SoR Cell of each Branch of Public Works Department and shall be approved by the State Level SoR Committee.

This committee shall get the rates scrutinized by the dedicated SoR Cell of TEC and then finalize the hire charge of Plant & Machineries. State Level SoR Committee shall ensure that there are no discrepancies across SoR of any Branch of Public Works Department. State Level SoR Committee, while finalizing the hiring charges of Plant & Machineries, will keep in view the hire charges of Plant & Machineries in neighbouring state for rationalization of the rates.

Note: Wherever there is difficulty in arriving at a reasonable rate through e-tender, rates specified by CPWD may be considered.

10. Labour rates as notified from time to time by the Department of Labour and Employment, Government of Jharkhand shall be used.

11. Finalizing Data Book for following common items of works and department specific item of works :

(a) Once the rates of materials, hire charges of Plant and Machineries and Labour rates are finalized, the dedicated SoR Cell in each Branch of Public Works Department shall6 analyse finished rate of each item of works based on finalized data book of common items of Works & Data Book for department specific item of works and submit draft SoR to the dedicated SoR Cell in TEC. The draft SoR of every Branch of Public Works Department so submitted shall be examined by dedicated SoR Cell in TEC for harmonization of rates.

(b) The finished rates of common items of works in Part A and department specific item of works in Part B thus arrived at shall be placed before the State Level SoR Committee for approval. Finally, approved Part A & Part B shall be published by State Level SoR committee.

12. The make and specifications of various materials shall be guided by the relevant Indian Standard (IS) codes and make and specifications issued by Central Public Works Department (CPWD)/ concerned department of Government of India from time to time.

13. Special Conditions for Bitumen, Cement, Steel, Ductile Iron(DI)/Cast Iron(CI)/Mild Steel(MS)/High- density Polyethylene(HDPE)/Medium-density Polyethylene(MDPE):

(a) The contractor shall procure Bitumen from any of the public sector company such as IOCL, BPCL and HPCL.

(b) The contractor shall procure 43 grade ordinary Portland Cement conforming to relevant Indian Standard (IS) 8112/Portland Pozzolana Cement conforming to IS:1489 (Part-I)/Sulphate Resisting Portland Cement(SRC) conforming to IS:12330 – 1988/Portland Slag Cement conforming to IS: 455 as required in the work, from reputed manufacturers of cement such as ACC, Ultratech, Lafarge, Ambuja, Jaypee Cement, Century Cement & J.K.Cement. The Branch of Public Works Department may approve any other manufacturer subject to fulfilment of relevant Indian Standard (IS) Codes and after meeting the specification specified by CPWD from time to time.

(c) The contractor shall procure TMT bars of Fe415/ Fe415D/ Fe500/ Fe500D/ Fe550/ Fe550D grade (the grade procured is to be specified) from primary steel producers such as SAIL, Tata Steel Ltd., RINL, Jindal Steel & Power Ltd. And Electrosteel Steels Limited (Vedanta). The Branch of Public Works Department may approve any other manufacturer who are using iron ore as the basic raw material/ input and having crude steel capacity of 2.0 Million tonnes per annum and above and subject to fulfilment of specifications specified by CPWD from time to time.

(d) For TMT bars procured from Primary Producers specifications shall meet the provisions of Indian Standard (IS) 1786:2008 pertaining to Fe 415/Fe 415 D/ Fe 500/ Fe 500D/ Fe550/Fe550 D.

(e) The Branch of Public Works Department may approve Ductile Iron (DI) pipes from reputed manufacturers subject to fulfilment of relevant Indian Standard (IS) Codes (IS 8329/2000) and after meeting the specification specified by CPWD/CPHEEO from time to time.

(f) The Branch of Public Works Department may approve Cast Iron (CI pipes) from reputed manufacturers subject to fulfilment of relevant Indian Standard (IS) Codes (IS 1536) and after meeting the specification specified by CPWD/CPHEEO from time to time.

(g) The Branch of Public Works Department may approve MS pipes manufacturer subject to fulfilment of relevant Indian Standard (IS) Codes (IS 3589 -2001) and after meeting the specification specified by CPWD/ CPHEEO from time to time.

(h) The Branch of Public Works Department may approve High-density Polyethylene (HDPE) and Medium-density Polyethylene (MDPE) pipes manufacturer subject to fulfilment of relevant Indian Standard (IS) Codes (IS 14333 and IS 10910 for HDPE and ISO 4427 for MDPE) and after meeting the specification specified by CPWD/ CPHEEO from time to time.

(i) The Public Works Department in cases where it has to approve manufacturers for materials such as cement/TMT bars/DI/CI /HDPE/MDPE/MS pipes other than the above mentioned manufacturers may do so after getting recommendation of premier institutions such as Indian Institute of Technology(IIT)/National Accreditation of Board for Testing and Calibration Laboratories(NABL) and State Level SoR Committee, provided that the manufacturers which are not approved by CPWD shall also not be approved by any Branch of Public Works Department.

14. The Rate of water charges shall not exceed the rate decided by CPWD from time to time.

Currently it is 1% of the total estimated cost.

15. Overhead Charges & Contractor's Profit: The total Overhead Charges and Contractor's Profit of all items of works shall not exceed 15% of the total cost.

State Level SoR Committee may fix the Overhead Charges and Contractor's Profit separately but both combined should not be more than 15% of fixed charges.

16.

(a) Non - Scheduled Items /New Items: The SoR Cell of each Branch of Public Works Department shall continuously strive to fix the rates of new items or items which are not included in the SoR including new & emerging technologies.

(b) For the immediate use of the rates of non-scheduled item(s) the below steps shall be followed:

Step 1: The rate of such item shall be adopted from the Central Public Works Department SoR.

Step 2: In case the rate of the item is not available in the Central Public Works Department SoR, then the concerned authority shall invite quotation through e-tenders only.

Step 3: The lowest rate received through quotations shall be used for the specific work.

Step 4: Rates of the Non-Scheduled items, so obtained from quotations shall be shared with the dedicated SoR Cell of the Public Works Department and with the TEC.

Step 5: On receiving an update on the non-scheduled item rate, the TEC and SoR Cell of the Public Works Department shall follow the methodology to fix the rates and include it in the SoR. The TEC and SoR Cell shall not wait for the annual exercise to fix the rates of such item(s).

17. Timeline for each activity mentioned above:

a) Notification / Circulars should be issued by TEC to dedicated SoR Cell of Public Works Department to initiate the process of preparation of SoR by the end of September.

b) Listing of Materials, Plant & Machineries and finalizing Data Books for common items & department specific items of works by State Level SoR Committee Shall be done by the end of December.

c) Procurement of rates by dedicated SoR Cell of each Branch of Public Works Department & finalization of rates by the State Level SoR Committee shall be done by the end of February.

d) An analysis of finished rate of item of works by dedicated SoR Cell in TEC and SoR Cell of each Branch of Public Works Department and finalization by the State Level SoR Committee in TEC shall be done by the end of March.

e) Publication shall be preferably done in the month of April.

f) Above exercise shall be done every year.

18. Issues / queries if any during preparation of SoR shall be addressed by the State Level SoR Committee.

19. State Government or Department of Cabinet Secretariat and Vigilance may issue clarification/ direction on the subject from time to time and its clarification/ direction shall be final.

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