Para 133 — WORKS_MANUAL

3.1.1 Directly by the Ministry/ Department A Ministry or Department at its discretion may directly execute repair works estimated to cost up to Rupees thirty lakh after following due procedure ‘laid down for Execution of Works’ (Rule 139, 159 and 160 of GFR 2017).

3.1.2 Public Works Organisations A Ministry or Department may, at its discretion, assign repair works estimated to cost above Rupees thirty lakh and original works of any value to any Public Works Organisation (PWO) such as Central Public Works Department (CPWD), State Public Works Department, others Central Government organisations authorised to carry out civil or electrical works such as Military Engineering Service (MES), Border Roads Organisation (BRO), etc. or Ministry/ Department’s construction wings of Ministries of Railways, Defence, Environment & Forests, Information & Broadcasting and Departments of Posts, and Space etc.

3.1.3 Public Works PSU/ Organisations As an alternative a Ministry or Department may assign repair works estimated to cost above Rupees thirty lakh and original works of any value to:

3.1.4 Procedure for Assigning Work to PWO or PSU/ Organisations i) For the assignment of work under provisions of para 3.1.3 above to PSUs, the Ministry/ Department shall ensure competition among all such eligible PSUs/ organisations. This competition shall be essentially on the lump sum service charges to be claimed for execution of work. The award of work to a PSU should be taken as Project Management Consultancy (PMC) and the concerned PSU shall be treated as consultancy firm. Relevant methods (QCBS, LCS etc) for procurement of consultancy will be applicable. For better understanding of selection methodology of consultant(s), Rule 192 to Rule 194 of GFR 2017 and Manual for Procurement of Consultancy and Other Services, 2017 may be referred.

Rule 133 of the GFR, 2017, permits Ministries/ Departments at its discretion to assign execution of their original and repair works as follows:- i) Directly by the Ministry/ Department ii) Public Works Organisations (PWO) iii) Public Sector Undertaking (PSU)/ Organisations setup to execute Works

i) any Public Sector Undertaking set up by the Central or State Government to carry out civil or electrical works or ii) to any other Central/ State Government organisation/ PSU which may be notified by the Ministry of Urban Development (MoUD) for such purpose after evaluating their financial strength and technical competence.

ii) In exceptional cases, for assignment of work on nomination basis under provisions of para 3.1.3 above to PSU, the conditions contained in para 3.5.7 below would apply. The work under these circumstances shall also be assigned only on the basis of lump sum basis.

iii) 18For original works and repair works entrusted under the provisions of Para 3.1.2 and 3.1.3 above, the administrative approval and expenditure sanction shall be accorded and funds allotted by the concerned authority in accordance with the Para 1.12

(ii) above. The Public Works Organisation or the Public Sector Undertaking or any organisation allotted work shall then execute the work entrusted to it in accordance with the rules and procedures prescribed in that organisation.

iv) A Memorandum of Understanding (MoU) may be drawn with the Public Works Organisation or the Public Sector Undertaking for proper execution of work. The MoU should spell out the obligations on the part of Public Works Organization or PSU regarding execution of works as per proper specifications and for maintaining proper quality and speed of execution of works. Different stages at which funds shall be released to the Public Works Organization should also be clearly spelt out. Such MoU would normally be for a specific standalone work, but could also be for a Project consisting of a collection of related works. In case of MoU with Public work Organisations (PWOs) it could also be as a long-term framework MoU. A Sample MOU delineating complete procedure of assignment of work to PWO/ PSUs and its monitoring is shown in Annexure 8. Procuring entity may change the MOU format suiting to their requirement, and If felt necessary may also get the MOU document vetted from the Ministry of Law/ or its own legal cell.

v) For execution of any work, under the provisions of Para 3.1.2 and 3.1.3 above, the Ministry/ Department shall constitute a “Works Committee”, whether on ad hoc or standing basis; comprising of representatives of administrative wing and Finance wing and an officer possessing technical skills and experience of framing estimates and execution of works. If need be, members may be co-opted from User Department; CPWD/ Public Works Organization/ PSUs or any technically sound Government agency such as a relevant NIT/ IIT or a relevant National Research Institute etc. The Works Committee shall ensure observance of due process in the planning and execution of works, check the reasonability of the estimates and other technical details and monitor the execution of the works.