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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. | This clause describes the obligations of various parties. | 0.1 |
Errors during execution | If, at any time, during the progress of the works any error appear or arise in any part of the work, the Contractor, on being required so to do by the Engineer's representative shall, at his own cost rectify such errors, to the satisfaction of the Engineer's representative. | 1 |
Delays due to contractor | Liquidated Damages | 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 project timeline is well defined in this clause. | 0 |
Bid Validity | a duly authorized representative shall appear and execute the contract agreement within seven days of notice | 0.9 |
arbitration timeline | 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. | 0.9 |
Delay due to contractor | Liquidated damages | 0.9 |
Accomplishment of contractual terms | Maintenance Certificate shall be given by the Engineer upon the expiration of the period of maintenance | 0.9 |
Latent errors | during the progress of the works any error appear or arise in any part of the work, the Contractor, on being required so to do by the Engineer's representative shall, at his own cost rectify such errors, to the satisfaction of the Engineer's representative. | 1 |
What are the additional documents that have to be read along with the Standard General Conditions of Contract? | The Railway shall have the right to let other contracts in connection with the works. The Contractor shall afford other Contractors reasonable opportunity for the storage of their materials and the execution of their works and shall properly connect and coordinate his work with theirs. If any part of the Contractors work depends upon proper execution or result upon the work of another Contractor(s), the Contractor shall inspect and promptly report to the Engineer any defects in such works that render it unsuitable for such proper execution and results. The Contractor's failure so-to inspect and report shall constitute an acceptance of the other Contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other Contractor's work after the execution of his work. | 0 |
What is the impact of breaching the contract conditions on subcontracting? | entitle the Railway to rescind the contract under Clause 62 of these Conditions and also render the Contractor liable for payment to the Railway in respect of any loss or damage arising or ensuing from such cancellation | 1 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | The Railway may agree to allow the Contractor use of the ballast or material trains under such conditions as shall be specially prescribed | 0.1 |
What is the role of the Engineer in the completion of works? | Conditions of Contract for the completion of works to the entire satisfaction of the Engineer. | 0.9 |
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 or the lives, persons or property of others from whatsoever cause in connection with the works until they are taken over by the Railway, | Third party liability relationship is present in this contract. | 0.9 |
the period of maintenance specified in the tender arising in the opinion of the Engineer from materials or workmanship | Maintenance certificate issuance | 0.6 |
he shall be liable to pay liquidated damages at the rates, as prescribed in the tender documents. | Third party liability relationship is present in this contract. | 0.6 |
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 |
When should the contractor start working on the project? | The Contractor shall commence the works within 15 days after the receipt by him of an order in writing to this effect from the Engineer and shall proceed with the same with due expedition and without delay | 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. | This clause talks about Interpretation | 1 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | The Contractor shall not sell or otherwise dispose of or remove except for the purpose of this contract, the sand, stone, clay ballast, earth, trees, rock or other substances or materials | 0.9 |
Latent errors | Should a tenderer find discrepancies in or omissions from the drawings or any of the Tender Forms or should he be in doubt as to their meaning | 0.5 |
Is the accomodation provided by the railways free | In exceptional cases where accommodation is provided to the Contractor at the Railway's discretion, recoveries shall be made at such rates | 1 |
Earnest Money Deposit | EMD | 1 |
Aribitration | Dispute resolution | 1 |
Delay on cause of Railways | rates as determined and agreed upon as lastly hereuntofore-mentioned | 0 |
Confirmation of successful tenderer | Earnest Money | 0.8 |
Does the contract document contain a indemnification clause provision? | also render the Contractor liable for payment to the Railway in respect of any loss or damage arising or ensuing from such cancellation | 0.2 |
If an objection raised by the Contractor is found by the Engineer to be incorrect the Contractor shall be liable to pay the actual expenses incurred in measurements. | Does the contract contain a 'third party liability relations' clause? | 0.1 |
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. | 0.9 |
Does the contract document contain a third-party liability relationship provision? | A copy of certificate stating that they are not liable to be disqualified and all their statements/documents | 0 |
Diverting Traffic | Contractor shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage | 1 |
Errors during execution | Latent errors | 1 |
Should any modifications in the contract document be in verbal form? | Any verbal or written arrangement abandoning, modifying, extending, reducing or supplementing the contract or any of the terms thereof shall be deemed conditional and shall not be binding on the Railway | 1 |
Liquidated damages | Up to Twenty percent of original period of completion including period of extension of DOC granted | 1 |
Earthwork quantity variation | In case of earthwork, the variation limit of 25% shall apply to the gross quantity of earthwork and variation in the quantities of individual classifications of soil shall not be subject to this limit. | 1 |
Criteria on which Price variation is calculated | The Base Month for Price Variation Clause shall be taken as month 28 days prior to opening of tender including extension | 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 | 0.1 |
Is there a way to claim consequential losses? | The Railway shall have the right to let other contracts in connection with the works. The Contractor shall afford other Contractors reasonable opportunity for the storage of their materials and the execution of their works and shall properly connect and coordinate his work with theirs. If any part of the Contractors work depends upon proper execution or result upon the work of another Contractor(s), the Contractor shall inspect and promptly report to the Engineer any defects in such works that render it unsuitable for such proper execution and results. The Contractor's failure so-to inspect and report shall constitute an acceptance of the other Contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other Contractor's work after the execution of his work. | 0.9 |
Latent errors | during the progress of the works any error appear | 1 |
Is there any indemnification clause present in the contract? | 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 by reason of any act or omission of the Contractor, his agents or employees, in the execution of the works or in his guarding of the same. All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the actual loss or damage sustained, and whether or not any damage shall have been sustained. | 1 |
What is the deadline for submitting Performance Guarantee | The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty one) days from the date of issue of Letter of Acceptance (LOA). | 1 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | The Contractor shall not sell or otherwise dispose of or remove except for the purpose of this contract, the sand, stone, clay ballast, earth, trees, rock or other substances or materials | 0.9 |
Natural causes | Force Majeure | 0.8 |
Is the order of priority defined? | Breach of contracting terms by subcontractor will no longer relieve contractor from their responsibility. | 0.1 |
What law governs the contract? | The contract shall be governed by the law for the time being in force in the Republic of India. | 1 |
Does the contract document contain a third-party liability relationship provision? | make good at his own expense all loss or damage whether to the works themselves or to any other property of the Railway or the lives, persons or property of others from whatsoever cause in connection with the work | 1 |
What is the deadline to submit the proposed project schedule? | 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 |
Delay due to Unprecedented situations | Force Majeure Caluse | 0.9 |
What is the deadline to submit the proposed project schedule? | 30 days from the submission | 0.8 |
In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, then same shall be executed at following rates | Third party liability relationship is present in this contract. | 0.1 |
The failed Contractor shall be debarred from participating in re-tender for that work. | Can the excavated material be directly used in construction. | 0 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | The Contractor shall not sell or otherwise dispose of or remove except for the purpose of this contract, the sand, stone, clay ballast, earth, trees | 0.9 |
Ownership of drawings | deemed to be the property of the railways | 1 |
Identifiable errors | Patent errors | 1 |
What happens when there is breaching of any terms from the subcontracting side? | The permitted subcontracting of work by the Contractor shall not establish any contractual relationship between the sub-contractor and the Railway and shall not relieve the Contractor of any responsibility under the Contract. | 0.9 |
Contractor claiming for arbitration | The Contractor shall obtain a valid license under the aforesaid Act as modified from time to time before the commencement of the work | 0.2 |
What is the impact of breaching the contract conditions on subcontracting? | The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value | 0.1 |
breaching the contract conditions on subcontracting | provided always that execution of the details of the work by petty Contractor under the direct and personal supervision of the Contractor or his agent shall not be deemed to be sub-letting under this clause | 0.8 |
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 documents to be read together are Regulations for Tenders and Contracts, General Conditions of Contract and Special Conditions of Contract if any. | 0.9 |
Deadline for submitting project schedule. | Breaching the contract terms in subcontracting side will no longer relieve contractor. | 0 |
Patent errors | Omissions and Descrepancies | 0.8 |
The programme of work amended as necessary by discussions with the Engineer | Project schedules like Bar chart, CPM, PERT | 0.8 |
What is the base for calculating Liquidated damages? | The progress of work will be watched accordingly and the liquidated damages will be with reference to the overall completion date | 1 |
Delay due to railways | 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 | 0.9 |
What is the deadline for submitting Performance Guarantee | Extension of time for submission of PG beyond 21 (Twenty one) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. | 0.8 |
Pandemic situation | failing which within the time specified in the Engineer's requisition, the work may be done by the Railway and the cost thereof recovered from the Contractor. | 0.9 |
Accident casualty at site | responsible for the safety of all employees directly or through petty Contractors | 0.9 |
Material storage during execution of work | Sheds, Storehouses and Yards | 1 |
What determines the completion of performance of the contract? | the period of maintenance of such part shall commence from the date of completion | 0.7 |
Members of the entity to which the contract is awarded, shall be jointly and severally liable to the Railway for execution of the project in accordance with General and Special Conditions of Contract. | Does the contract contain a 'third party liability relations' clause? | 0.1 |
Arbitration final claim | 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 | 1 |
Contractor shall be liable to pay the actual expenses incurred in measurements. | Does the contract contain a 'third party liability relations' clause? | 0.4 |
What law governs the contract? | Value of existing commitments and balance amount of ongoing works | 0 |
Excepted matter clauses | provision has been made in 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) of the Special Conditions of the Contract, shall be deemed as excepted matters (matters not arbitrable) and decisions of the Railway authority | 1 |
Termination notice | Submits copy of fake documents / certificates in support of credentials, submitted by the tenderer | 0.9 |
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 | 0.8 |
Diverting Traffic | Provision of Access to Premises | 0.9 |
with the permission of the Engineer, use the same for the purpose of the works either free of cost or pay the cost | excavated matters can be used for construction | 0.9 |
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 additional documents to be referred are attached as annex to the tender forms. | 0.9 |
Amount for security deposit | The Security Deposit shall be 6% of the contract value. | 1 |
What is the deadline to submit the proposed project schedule? | Chart/PERT/CPM. He shall also submit the details of organisation (in terms of labour and supervisors), plant and machinery that he intends to utilize (from time to time) for execution of the work within stipulated date of completion. | 0.9 |
What does a tenderer need to do before submitting a bid for the project? | Care in Submission of Tenders | 0.8 |
What are the prequalification criteria? | his position as an independent contractor specifying engineering organization available with details of partners / staff / engineers employed with qualifications and experience | 0.8 |
Prequalification done by railways | The Railway reserves the right of not to invite tenders for any of Railway work or works or to invite open or limited tenders and when tenders are called to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action | 0.9 |
Under what circumstances can a member of the Joint Venture assign their rights and liabilities in the contract? | No member of the Joint Venture shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other members and that of the Railway in respect of the said tender/contract. | 1 |
Adjustment for Changes in Legislation | if rates of existing GST or cess on GST for Works Contract is increased or any new tax /cess on Works Contract | 1 |
Is there any indemnification clause present in the contract? | the Security Deposit already with railways under the contract shall be forfeited. | 0 |
Prebid meeting | Omissions and Descrepancies | 0.8 |
Return of earnest money | If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as part security for the due and faithful fulfillment of the contract in terms | 0.9 |
Duration for Defence Statement | The above extension of the completion date will also be subject to the further condition
that no increase in rates on any account will be payable to you | 0.1 |
Liquidated Damages | On such extension the Railway will be entitled without prejudice to any other right and remedy available on that behalf, to recover from the Contractor as agreed damages and not by way of penalty for each week or part of the week, a sum calculated at the following rates of the contract value of the works. | 1 |
Specifications and Drawings and the amounts to be paid therefor shall be calculated in accordance with the accepted Schedule of Rates. | Coordination of the works clause is present in the contract | 0 |
Change in new tax | Rates of items of works | 0.8 |
Variation in quantity of earthwork | the variation limit of 25% shall apply to the gross quantity of earthwork | 0.9 |
Termination notice | Determination of Contract owing to Default of Contractor | 0.8 |
Authority of only the engineer is valid | Engineer's representative shall not interfere | 1 |
Patent errors | shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof. | 0.9 |
What is the deadline to submit the proposed project schedule? | All temporary works necessary for the proper execution of the works shall be provided and maintained by the Contractor | 0 |
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 | Third party liability relationship is present in this contract. | 0.9 |
Project schedules like Bar chart, CPM, PERT | the Schedule to the Indian Medical Council Act | 0 |