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Formats  › Tendering & Contracts  › Deviation Sheet —
Form · FMT-TND-012

Deviation Sheet — Commercial

6 fields across 3 sections. Submit with financial bid — commercial T&Cs deviations may load price.
6 Fields
3 Sections
Per tender
Tender Cell, Finance

Format Preview

S.No.Field / CheckpointReferenceStatus
A. COMMERCIAL DEVIATIONS
A1Payment terms deviation
Acceptance: Documented
NIT terms vs offered
OK
NC
NA
A2Price adjustment / escalation deviation
Acceptance: Per CPWD / MoRTH formula
PA formula
OK
NC
NA
A3Defects Liability Period deviation
Acceptance: Bidder DLP ≥ NIT
NIT DLP typically 12-24 months
OK
NC
NA
A4Performance security / retention deviation
Acceptance: Per NIT or higher
5-10% PBG, 5% retention typical
OK
NC
NA
B. PRICE IMPACT
B1Quantified cost impact of each commercial deviation
Acceptance: Loaded on bid value to derive evaluated price
Engineering estimate
OK
NC
NA
C. ACCEPTANCE
C1Accept / Reject + reasoning
Acceptance: Final evaluated price computed
Tender committee
OK
NC
NA
A. COMMERCIAL DEVIATIONS
A1Payment terms deviation
NIT terms vs offered
Documented
OKNCNA
A2Price adjustment / escalation deviation
PA formula
Per CPWD / MoRTH formula
OKNCNA
A3Defects Liability Period deviation
NIT DLP typically 12-24 months
Bidder DLP ≥ NIT
OKNCNA
A4Performance security / retention deviation
5-10% PBG, 5% retention typical
Per NIT or higher
OKNCNA
B. PRICE IMPACT
B1Quantified cost impact of each commercial deviation
Engineering estimate
Loaded on bid value to derive evaluated price
OKNCNA
C. ACCEPTANCE
C1Accept / Reject + reasoning
Tender committee
Final evaluated price computed
OKNCNA
Approval / Sign-Off
APPROVED
HOLD — REVISIONS REQUIRED
REJECTED
Overall Verdict
Name / Sign / Date
Prepared By — Name / Sign
Name / Sign / Date
Reviewed By — Name / Sign
Name / Sign / Date
Approved By — Name / Sign
Name / Sign / Date
Date & Time
Name / Sign / Date
Remarks
Name / Sign / Date

Engineer's Notes — Deviation Sheet — Commercial

Why the Commercial Deviation Sheet matters

During tendering, contractors evaluate the client's terms + conditions + commercial provisions (payment terms, BG requirements, retention, LD, escalation, etc.). Where the contractor cannot or will not accept a clause as-tendered, they propose a commercial deviation — an alternative formulation acceptable to them.

The Commercial Deviation Sheet is the structured format for documenting these proposed changes. Each row: clause reference, original text, proposed deviation, justification, contractor's preferred terms. The client reviews + accepts / rejects / negotiates each line.

Without a deviation sheet, contractors bid with unspoken reservations; conflicts emerge mid-execution as 'we always meant something different'. The sheet brings these into the open before contract signing — saving substantial dispute cost later.

Common commercial deviation areas

1. Payment terms — advance, retention %, payment cycle (monthly vs quarterly), pay when paid, LC vs cash 2. Bank Guarantees — type (conditional vs unconditional), amount, validity, return conditions 3. Liquidated Damages — daily LD rate, cap, types of delay covered, force majeure exclusions 4. Price escalation — formula reference (e.g., RBI WPI, project-specific), trigger conditions, sharing ratio 5. Insurance — coverage amounts, who bears insured / uninsured risks 6. Force Majeure — events covered, notification requirements, time relief 7. Dispute Resolution — arbitration vs court, seat of arbitration, language, applicable law 8. Termination — convenience termination compensation, fault termination procedures 9. Intellectual Property — design ownership, drawings copyright 10. Indemnity + Limitation — limits of contractor's liability for damages 11. Assignment + Subcontracting — client's consent requirements 12. Taxation — GST treatment, withholding tax, EOI / WCT for cross-border

Common deviation-sheet failures

1. No deviation sheet submitted — contractor accepts all terms in tender response without flagging issues; surprises during execution → arbitration.

2. Deviation buried in narrative — proposed change mentioned in cover letter but not in structured format. Client misses it; later disputes 'never agreed'.

3. No commercial impact assessed — proposed deviation accepted by client but contractor hasn't priced the impact on their side; later cost claim.

4. Justification weak — deviation proposed without rationale; client rejects without considering merit.

5. Multi-cycle negotiation — deviation negotiated 3-4 cycles back + forth; final agreement unclear without crystallized text.

6. Conflicts with technical deviations — commercial change implies technical change but technical deviation sheet not updated.

7. Authority concerns — proposed deviation accepted by client's procurement team but later rejected at board level → contract un-signable.

8. No comparison to industry standard — deviation looks one-sided; benchmarking against FIDIC / NHAI standard practice often clarifies what's reasonable.

Cross-references

Companion formats: - Deviation Sheet — Technical (FMT-TND-011) — technical specification deviations - Letter of Award (FMT-TND-014) — contract award; deviations become part of contract - Performance BG Submission (FMT-TND-015) — BG-related deviations - Financial Bid (FMT-TND-004) — pricing - Contract Amendment Log (PMC-BIL-LOG-004) — for post-signature amendments

Process governance: - FIDIC General Conditions — Red / Yellow / Silver Book (international contract standards) - NHAI / MoRTH / CPWD standard contracts (Indian government) - Indian Contract Act 1872 — legal basis for negotiation + alteration - GFR (General Financial Rules) 2017 — for government procurement