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Acts of God | Force Majeure Caluse | 0.9 |
what is the order of precedence in the case of ambiguity between drawings and technical specifications? | In a tender/contract, in case of any difference, contradiction, discrepancy, with regard to conditions of tender/contract, specifications, drawings, bill of quantities etc. | 0.9 |
Compensation for fatalities | report serious accidents to any of them however and wherever occurring on the works to the Engineer or the Engineers Representative | 1 |
read along with the Standard General Conditions of Contract | additions or suppression by Special Conditions of Contract and/or Special Specifications, if any, annexed to the Tender Form | 0.9 |
Stones/rocks/bounders | Excavated Material | 1 |
Punishment for exaggerated measurement | measurement or has claimed any false measurement for the works which have not been executed; amounting to variation of 5% or more of claimed gross bill amount | 0.9 |
What is the deadline to submit the proposed project schedule? | the awarded Contractor must submit a detailed program of work. | 0.8 |
Earnest Money Deposit | 2% of the estimated cost of the work | 0.9 |
Excepted matter clauses | Clauses 7(j), 8, 18, 22(5), 39, 43(2), 45(i)(a), 55, 55-A(5), 57, 57A,61(1), 61(2) and 62(1) of Standard General Conditions of Contract or in any Clause (stated as excepted matter) | 0.9 |
Prequalification | Not calling all the applied tenderers | 0.8 |
Delay due to third party contractor | delayed by any act or neglect of Railway's employees or by other Contractor employed by the Railway under Sub-Clause (4) of Clause 20 of these Conditions or in executing the work not forming part of the contract | 0.8 |
What is the impact of breaching the contract conditions on subcontracting? | These Regulations for Tenders and Contracts shall be read in conjunction with the Standard General Conditions of Contract which are referred to herein and shall be subject to modifications additions or suppression by Special Conditions of Contract and/or Special Specifications, if any, annexed to the Tender Forms. | 0 |
Is there a way to claim consequential losses? | All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation | 1 |
Should any modifications in the contract document be in verbal form? | The Contractor shall prepare and furnish to the Engineer once in every quarter commencing from the month following the month of issue of Letter of Acceptance | 0 |
Does the contract document contain any order of prescedence? | The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details | 0.1 |
Does the contract contain an Indemnification clause? | The Contractor shall indemnify and save harmless the Railway from and against all actions, suit, proceedings, losses, costs, damages, charges, claims and demands of every nature and description brought or recovered against the Railways | 1 |
Extra time work | Over time work | 1 |
additional documents that have to be read along with the Standard General Conditions of Contract | read in conjunction with the Standard General Conditions of Contract | 1 |
Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract. | This clause specifies the Contractor remains liable for fulfilling the contract terms even with subcontractors. | 1 |
Responsibility for the storage facilities | The Contractor shall at his own expense provide himself with sheds, storehouses and yards in such situations and in such numbers as in the opinion of the Engineer is requisite for carrying on the works and the Contractor | 1 |
Liquidated Damages | Extension of time | 0.9 |
Delay due to Railways | The Contractor shall, when he is not personally present on the site of the works place, keep a responsible agent at the works during working hours who shall on receiving | 0.1 |
Delay due to contractor | If the Contractor fails to complete the works within the time as specified in the contract | 0.9 |
Compensation for accidents | Contractor shall be responsible for the safety of all employees directly or through petty Contractors or sub-contractor | 0.9 |
Completion of contractual obligations | Unfulfilled obligations | 0.8 |
Does the contract document contain a third-party liability relationship provision? | work, no variation limit shall apply and the work shall be carried out by the Contractor | 0.1 |
Delay due to Railways | such failure or delay shall in no way affect or vitiate the contract or alter the character thereof or entitle the Contractor to damages or compensation | 1 |
It shall be valid during the entire currency of the contract including the period of extension, if any and the maintenance period after the work is completed. | the Contractor by the Railway, the erection, maintenance and removal of all temporary works and buildings, all watching, lighting, bailing, pumping and draining | 0.1 |
What determines the completion of performance of the contract? | Approval only by Maintenance Certificate | 0.9 |
Does the contract document contain a third-party liability relationship provision? | The Contractor shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of the Railway | 1 |
Variation limit | Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each individual item of the contract would be upto 25% | 0.9 |
Breaching the contract on subcontracting terms | No certificate other than Maintenance Certificate, if applicable, referred to in Clause 50 of the Conditions shall be deemed to constitute approval of any work or other matter in respect of which it is issued | 0.1 |
stones, rocks or other substances or materials which may be obtained from any excavation. | This clause specifically mentions stones and rocks as potential excavated materials for construction. | 1 |
Time for submitting the proposed project schedule | shall as soon as possible but not later than 30 days | 0.9 |
Excepted matters | All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion | 0.9 |
Who is responsible for maintaining storage facilities during work? | Engineer may object to shall not be brought upon or used in the works, but shall be forthwith removed from the sheds, storehouses or yards by the Contractor | 0.9 |
Impact of breaching the terms in subcontracting side. | Contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein in any manner whatsoever without the special permission in writing of the Chief Engineer | 1 |
What determines the completion of performance of the contract? | the period of maintenance specified in the tender arising in the opinion of the Engineer from materials or workmanship | 0.6 |
Proposed Project schedule | Bar chart, PERT, CPM | 1 |
Converting consequential losses into Direct loss | The Contractor shall indemnify and save harmless the Railway from and against all actions, suit, proceedings, losses, costs, damages, charges, claims and demands of every nature and description brought or recovered against the Railways | 0.9 |
Indemnification clause | All Drawings and Specifications and copies thereof furnished by the Railway to the Contractor are deemed to be the property of the Railway. They shall not be used on other works and with the exception of the signed contract set, shall be returned by the Contractor to the Railway on completion of the work or termination of the Contract. | 0.75 |
What determines the completion of performance of the contract? | no certificate other than a Maintenance Certificate shall be considered approval of any work or related matter for which it's issued. | 0.9 |
Legal binding ensured | contract required to be modified after the contract documents have been signed, the modifications shall be made in writing and signed by the Railway and the Contractor and no work shall proceed under such modifications until this has been done. | 0.9 |
Indemnification clause | Risk and Responsibility | 0.9 |
Determination of completion of performance | a Maintenance Certificate shall be deemed to constitute approval of any work | 0.9 |
Price variation in compensation period | The price adjustment as worked out above, i.e. either increase or decrease shall be applicable upto the stipulated date of completion of work including the extended period of completion where such extension has been granted under Clause 17-A | 1 |
Delay due to railways | Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 1 |
Compensation for variation in Quantity | As soon as in the opinion of the Engineer, the work has been completed and has satisfactorily passed any final test or tests that may be prescribed | 0.1 |
Latent errors | Engineer's representative shall, at his own cost rectify such errors, to the satisfaction of the Engineer's representative | 1 |
How many days for the railways to reply to Notice of dispute | the Contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration. | 1 |
What is the deadline to submit the proposed project schedule? | Any item of work carried out by the Contractor on the instructions of the Engineer which is not included in the accepted Schedules of Rates shall be executed at the rates set forth in the Schedule of Rates of Railway. | 0.2 |
Special Conditions of contracts should be referred in conjunction with the general conditions of the contract | Special Conditions of contracts should be referred alongside with the general conditions of the contract | 1 |
Latent errors | at his own cost rectduring the progress of the works any error appear or arise in any part of the workify such errors, to the satisfaction of the Engineer's representative. | 1 |
Variation in quantity of earthwork | As soon as in the opinion of the Engineer, the work has been completed and has satisfactorily passed any final test | 0 |
What is the deadline to submit the proposed project schedule? | The Contractor who has been awarded the work shall as soon as possible but not later than 30 days after the date of receipt of the acceptance letter in respect of contracts with initial completion period of two years or less or not later than 90 days for other contracts have to submit the detailed programme of work indicating the time schedule of various items of works in the form of Bar Chart/PERT/CPM. | 1 |
Fee for prequalified contractors | charged from such approved contractors to cover the cost of sending notices to them and clerkage for tenders etc. Notices shall be sent to them on registered e-mail address and registered postal address | 0.9 |
Termination notice | Fail to adhere to the provisions of Clause 16 of Tender Form (Second Sheet) of Annexure I of Part I Regulations for Tenders and Contract, or provision | 0.9 |
Prequalification of tenderers | Contractor Credentials | 0.9 |
Submission of planning schedules like Bar chart, CPM, PERT | What is the deadline to submit the proposed project schedule? | 0.9 |
Third party liability relationship | Coordination of works | 0.9 |
Completion of contract performance | The Competent Authority to issue above Maintenance Certificate shall normally be the authority who is competent to sign the contract. | 0.8 |
the amounts to be paid therefor shall be calculated in accordance with the accepted Schedule of Rates. | What is the deadline to submit the proposed project schedule? | 0.1 |
documents to be read along with Standard General Conditions of Contract | be read in conjunction with the Standard General Conditions of Contract which are referred to herein and shall be subject to modifications | 1 |
The Railway shall remain liable for the fulfillment of any obligation incurred under the provision of the contract prior | Third party liability relationship is present in this contract. | 0.1 |
Reply by Contractor | If the Contractor(s) does/do not prefer his/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his/their claim | 0.9 |
Delay due to contractor | Extension of Time with Liquidated Damages (LD) for delay due to Contractor | 0.9 |
Will any monetary compensation be provided in case of delay by the Railways | the Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 1 |
These Regulations for Tenders and Contracts shall be read in conjunction with the Standard General Conditions of Contract which are referred to herein and shall be subject to modifications additions or suppression by Special Conditions of Contract and/or Special Specifications, if any, annexed to the Tender Forms. | The clause may be referred to as Interpretation clause | 0.9 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | with the permission of the Engineer, use the same for the purpose of the works either free of cost or pay the cost of the same at such rates as may be determined by the Engineer. | 1 |
Determination of completion of performance | No certificate other than Maintenance Certificate, if applicable, referred to in Clause 50 of the Conditions shall be deemed to constitute approval | 0.8 |
Latent errors | every endeavour has been made to avoid any error which can materially affect the basis of tender and successful tenderer shall take upon himself and provide for the risk of any error | 0.4 |
Penalty for Performance Guarantee | a penal interest of 12% per annum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 22nd day after the date of issue of LOA. Further, if the 60th day happens to be a declared holiday in the concerned office of the Railway, submission of PG can be accepted on the next working day. | 0.9 |
Proposed Project schedule | The Contractor shall endeavor to fulfill this program. | 1 |
Submission of planning schedules like Bar chart, CPM, PERT | Nothing stated herein shall preclude the Contractor in achieving earlier completion of item or whole of the works than indicated in the programme. | 0.7 |
Impact of subcontractor breach | breach of this condition shall entitle the Railway to rescind the contract under Clause 62 of these Conditions and also render the Contractor liable for payment to the Railway | 0.9 |
Who is responsible for maintaining storage facilities during work? | The Contractor shall at his own expense provide himself with sheds, storehouses and yards in such situations and in such numbers | 0.9 |
Is there a table for price variation | Adjustment for variation in prices of material, labour, fuel, explosives, detonators, steel, concreting, ferrous, non-ferrous, insulators, zinc and cement shall be determined in the manner prescribed. | 0.8 |
Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract. | Obligations of the contractor | 0.7 |
Target date for submititng the project schedule | The Contractor awarded the work shall submit, as soon as possible but no later than the designated timeframe | 0.8 |
Contractor should immeadiately inform the ineffectiveness of subcontractors to the engineer. | This explains the impact of breaching terms in subcontracting part. | 0.9 |
Liquidated Damages | Is time is of essence in the contract? | 0.9 |
all the substances, materials, buildings and produce shall be the property of the Railway provided that the Contractor may, | Excavated material | 0.8 |
Delay due to Railways | hand over the Contractor possession of the lands necessary for the execution of the works or to give the necessary notice to commence the works or to provide the necessary drawings or instructions or any other delay caused by the Railway | 1 |
These Regulations for Tenders and Contracts shall be read in conjunction with the Standard General Conditions of Contract which are referred to herein and shall be subject to modifications additions or suppression by Special Conditions of Contract and/or Special Specifications, if any, annexed to the Tender Forms. | The clause says about the documents to be referred in the contract | 1 |
What percentage of security deposit should be submitted? | In case of open tenders having value more than Rs 20 crore and original period of completion 12 months or more, when there is no reduction in original scope of work by more than 10%, | 0.1 |
Indices of price variation | As soon as in the opinion of the Engineer, the work has been completed and has satisfactorily passed any final test or tests that may be prescribed, the Engineer shall issue a certificate of completion | 0.1 |
Infringement of contractual obligations. | Breaching the contractual terms | 0.9 |
What does a tenderer need to do before submitting a bid for the project? | the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, | 0.9 |
Does the contract document contain a third-party liability relationship provision? | to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Contractor | 0.9 |
penalty for a partnership firm changing members after submitting a tender | Any change in the constitution of Partnership firm after opening of tender shall be with the consent of all partners and with the signatures of all partners as that in the Partnership Deed. Failure to observe this requirement shall render the offer invalid and full EMD shall be forfeited. | 0.9 |
Security Deposit should be submitted as assurance to the client. | The Security Deposit shall be 5% of the contract value | 0.9 |
No free railway passes shall be issued by the Railway to the Contractor or any of his employee/worker. | Can excavated materails be used for construction if found technically satisfactory? | 0 |
Coordination of works with other contractors | The Contractor shall afford other Contractors reasonable opportunity for the storage of their materials | 0.9 |
Variation limit | Variation in quantities of individual items beyond 150% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender. | 0.9 |
Extension for Delay due to Railways | delay by the Railway to hand over the Contractor possession of the lands necessary | 0.9 |
Limit for variation | Quantities operated in excess of 100% but upto 200% of the agreement quantity of the concerned minor value item | 0.8 |
Indemnification clause | hold harmless | 0.9 |
Limits of Liquidated damages | As decided by Engineer, between 0.01% to 0.10% of contract value for each week or part of the week | 0.9 |
take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings, charging to Contractor, as aforesaid | Third party liability relationship is present in this contract. | 0.9 |
Impact of breach of terms by subcontracting. | The contractor shall commence the works within 15 days after the receipt by him of an order in wirting to this effect from the Engineer and shall proceed with the same with due expection and without delay. | 0.2 |