Para 6.5.3 - Mobilization Advance | KartavyaDesk
Original Rule Text
iii) Provision of mobilization advance should essentially be need-based. Suitable delegation of authority may be done in the Organisation to take decision for grant of the mobilisation advance, whether interest free or interest bearing. iv) Though the Commission does not encourage interest free mobilization advance, but, if the Management feels it necessity in specific cases then it should be clearly stipulated in the tender document and its recovery should be time based not linked with progress of work. This would ensure that even if the contractor is not executing the work or executing it at a slow pace, recovery of advance could commence and scope for misuse of such advance could be reduced. v) Part ‘Bank Guarantees’ (BGs) against the mobilization advance should be taken in as many numbers as the proposed recovery instalments and should be equivalent to the amount of each instalment. This would ensure that at any point of time even if the contractor’s money on account of work done is not available with the organization, recovery of such advance could be ensured by encashing the BG for the work supposed to be completed within a particular period of time. vi) There should be a clear stipulation of interest to be charged on delayed recoveries either due to the late submission of bill by the contractor or any other reason besides the reason giving rise to the encashment of BG, as stated above. vii) The amount of mobilization advance, interest to be charged, if any; its recovery schedule and any other relevant detail should be explicitly stipulated in the tendered document upfront. viii) Relevant format for BG should be provided in the tender document, which should be enforced strictly and authenticity of such BGs should also be invariably verified from the issuing bank, confidentially and independently by the organization. ix) In case of ‘Machinery and Equipment advance’, insurance and hypothecation to the employer should be ensured. x) Utilization certificate from the contractor for the mob advance should be obtained. Preferably, mob adv should be given in instalments and subsequent instalments should be released after getting satisfactory utilization certificate from the contractor for the earlier instalment.
What This Means
Para 6.5.3 of the Works Manual deals with the rules surrounding mobilization advances given to contractors for project work. A mobilization advance is essentially an upfront payment to help the contractor get started – to mobilize resources like manpower, equipment, and materials. The rule emphasizes that these advances should be need-based, meaning they should only be given when truly necessary for the project's success. It also stresses the importance of clear terms and conditions in the tender document regarding interest, recovery schedules, and the use of bank guarantees. Even if the organization doesn't prefer interest-free advances, the tender document should clearly state if such an advance is being provided.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Mobilization advances should be need-based and approved with proper delegation of authority.
- •If interest-free advances are given, the tender document must clearly state this, and recovery should be time-based, not progress-based.
- •Bank Guarantees (BGs) should be taken in multiple installments matching the recovery schedule.
- •Interest should be charged on delayed recoveries (except when BG is encashed).
- •Utilization certificates are required for mobilization advances, and subsequent installments should be released only after satisfactory verification of the previous installment's usage.
Practical Example
The Public Works Department (PWD) is undertaking the construction of a new bridge. They decide to offer a mobilization advance to the contractor, M/s Bridge Builders Pvt. Ltd., to help them set up their site and bring in necessary equipment. The tender document clearly states that an interest-bearing mobilization advance of ₹50 lakhs will be provided, recoverable in 10 equal monthly installments. M/s Bridge Builders provides 10 separate Bank Guarantees of ₹5 lakhs each, one for each installment. If, after three months, M/s Bridge Builders fails to meet the agreed-upon milestones, the PWD can encash the corresponding Bank Guarantees to recover the advance, even if the work isn't progressing as planned. Furthermore, if M/s Bridge Builders delays submitting their bills, leading to delayed recovery, interest will be charged on the outstanding amount.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What is a mobilization advance, and why is it given?▼
Can we give interest-free mobilization advances?▼
Why are Bank Guarantees (BGs) required for mobilization advances?▼
What happens if the contractor delays submitting bills, causing delays in recovery?▼
How do we ensure the mobilization advance is used for its intended purpose?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Para 6.5.3 of the Works Manual, what is the primary basis for providing a mobilization advance to a contractor?
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