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Right of Railway to Deal with Tenders | 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 | 1 |
Earnest Money Deposit | The tenderer shall be required to deposit earnest money with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender | 0.9 |
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. | Rocks/stones/bounders shall be utilized for construction | 0.8 |
Joint Venture | JV | 1 |
What are the prequalification criteria? | previous experience of works similar to that to be contracted for | 0.8 |
Is there a way to claim consequential losses? | Indemnification clause | 0.9 |
Cap for Liquidated damages | that the total amount of liquidated damages under this condition shall not exceed 5% of the contract value or of the total value of the item or groups of items of work for which a separate distinct completion period is specified in the contract. | 1 |
Programme of work | What is the deadline to submit the proposed project schedule? | 0.8 |
How can the performance guarantee be submitted? | The contract documents shall be signed in triplicate by the Railway and the Contractor. The contract documents are complementary and what is called for by anyone shall be as binding as if called for by all, the intention of the documents is to include all labour and materials, equipments | 0.1 |
The Contractor shall be bound to hand over the works executed under the contract to the Railway complete in all respects to the satisfaction of the Engineer. | Third party liability relationship is present in this contract. | 0.2 |
The Contractor shall be responsible for displaying the details of works | Coordination of the works clause is present in the contract | 0.1 |
Acknowledgement by the contractor | Non submission of above certificate by the bidder shall result in summarily rejection of his/their bid. | 0.9 |
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 | Can the excavated material be directly used in 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. | Special conditions of contract specifies modifications, additions and suppression in a contract. | 0.8 |
Can the contractor carry on works during night time? | The Contractor shall not carry out any work between sun-set and sun-rise without the previous permission of the Engineer. However, if the Engineer is satisfied that the work is not likely to be completed in time except by resorting to night work, he may order the same without confirming any right on the Contractor for claiming any extra payment for the same. | 1 |
What is the penalty for extension of time | Liquidated Damages | 0.9 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | obtained from any excavation made for the purpose of the works or any building or produced upon the site | 0.9 |
What happens in case of delays neither due to Railway nor contractor | Extension for Delay not due to Railway or Contractor | 0.9 |
Delay Damages | Up to Twenty percent of original period of completion including period of extension of DOC granted | 1 |
Delay due to contractor | 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 | 1 |
Delay not caused neither by the contractor nor the railways | Contractor not having received in due time necessary instructions from the Railway for which he shall have specially applied in writing to the Engineer or his authorized representative then upon happening of any such event causing delay | 1 |
The Schedule of Items of tender shall fall outside the purview of Price Variation Clause. | What is the deadline to submit the proposed project schedule? | 0.1 |
Order of Precedence is the order with which preference should be given to the documents. | Order of Priority is the order with which preference should be given to the documents. | 1 |
Completion of contractual obligations | it shall not be interpreted as an admission of the contract's due performance, in whole or in part. | 0.1 |
Will the railways provide the residence for the contractor organization? | Notwithstanding the issue of the Maintenance Certificate the Contractor | 0 |
What is the deadline to submit the proposed project schedule? | The project's progress will be monitored against this program, and liquidated damages will be calculated accordingly. | 0.8 |
When shall the Performance Guarantee be invoked? | I/We do not submit the Performance Guarantee within the time specified in the Tender document | 0.9 |
Can the earenest money be paid through online? | The Earnest Money shall be deposited in cash through e-payment gateway or as mentioned in tender documents. | 0.9 |
What does the document say about GST ? | The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details required under CGST/IGST/UTGST/SGST | 0.9 |
The contract specifies procedures for resolving disputes. | This clause might be relevant if a dispute arises due to subcontractor performance. | 0.7 |
Bonus clause | Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work. | 1 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | Impact of breach of terms by subcontracting. | 0 |
Delay Damages | The time for the execution of the work or part of the works specified in the contract documents shall be deemed to be the essence of the contract and the works must be
completed not later than the date(s) as specified in the contract | 1 |
Penalty clause | Liquidated Damages | 0.9 |
Does the contract document contain a indemnification clause provision? | In case the tenderer fails to observe/comply with this stipulation within 60 days of issue of LOA, contract is liable to be terminated. | 0 |
Special Conditions of contract should be read along with Standard General Conditions of Contract. | Special Specifications of contract should be read along with Standard General Conditions | 1 |
What is the impact of 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 | 0.9 |
contracvention of terms and conditions by the subcontracted part | Main contractor is still liable. | 0.8 |
Should all the applied tenderers be called for? | authority for the acceptance of the tender will rest with the Railway. | 0.9 |
Should the lowest tender be selected always? | the tenderer will give full information as to the date of retirement of such Engineer or
gazetted officer from the said service | 0.1 |
Variation limit | In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable | 1 |
Stones obtained during excavation shall be used for construction. | use the same for the purpose of the works either free of cost or pay the cost of the same | 1 |
Delay caused by the Contractor | Extension of Time with Liquidated Damages (LD) for delay due to Contractor | 1 |
Variation in quantity of earthwork | It is an agreed term of contract that the Railway reserves to itself the right to carry out a post-payment audit | 0.1 |
Does the contract document contain a third-party liability relationship provision? | Tenders containing erasures and / or alterations of tender documents are liable to be rejected. | 0 |
Will there be any bonus if the work is completed in advance? | The period of less than 30 days shall be ignored while working out bonus.
The maximum bonus shall be limited to 3% of original contract value. The completion date shall be reckoned as the date of issuance of completion certificate by engineer. | 0.9 |
Will there be any bonus if the work is completed in advance? | In case of open tenders having value more than Rs 20 crore and original period of completion 12 months or more | 0.9 |
Stones/rocks/bounders | Excavated materials | 1 |
What is the deadline to submit the proposed project schedule? | for execution of the work within stipulated date of completion. | 0.9 |
Contractor may serve a written notice on the Engineer requiring permission within 15 days | Third party liability relationship is present in this contract. | 0.3 |
Limits of Liquidated damages | enlargements, extensions, diminution, reduction, alterations or additions referred to in Sub-Clause (2) of this Clause shall in no degree | 0 |
the full Earnest Money Deposit (EMD) shall be liable to be forfeited. | Does the contract contain a 'third party liability relations' clause? | 0.3 |
The Engineer may instruct the Contractor to remove the subcontractor from the work. | This clause outlines a potential consequence (subcontractor removal) for breaching subcontracting conditions. | 1 |
Termination notice | Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules thereunder and relevant para of General Conditions of Contract | 0.1 |
Indices of price variation | Any adjustment needed to be done based on the finally published indices shall be made as and when they become available. | 0.9 |
Duration for Defence Statement | The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal, unless otherwise extension has been granted by Tribunal. | 1 |
Working setup should be done by the contractor | The Contractor shall be responsible for the correct setting out of all works in relation to original points, lines and levels of reference at his cost. The Contractor shall execute the work true to alignment, grade, levels and dimensions as shown in the drawing | 1 |
Compensation for variation in Quantity | shall not be entitled to any claim or any compensation whatsoever upto the limit of 25% variation in quantity of individual item of works. | 1 |
What are the additional documents that have to be read along with the Standard General Conditions of Contract? | 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 | 1 |
What determines the completion of performance of the contract? | The Competent Authority to issue above Maintenance Certificate shall normally be the authority who is competent to sign the contract. | 0.8 |
What are the additional documents that have to be read along with the Standard General Conditions of Contract? | 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. | 0.9 |
Copyright infringement | 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. | 1 |
What does the document say about GST ? | his knowledge from actual personal investigation | 0.1 |
Compensation for fatalities | Reporiting of fatalities | 1 |
the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. | Coordination of the works clause is present in the contract | 0.9 |
The Railway shall not be liable to the Contractor for any matter arising out of or in connection with the contract for execution of the works unless the Contractor has made a claim in | Does the contract contain a 'third party liability relations' clause? | 0.4 |
The Contractor may, with the permission of the Engineer, use the same for the purpose of the works. | This clause allows the Contractor to use excavated materials for construction with Engineer's approval. | 1 |
How late can the contractor delay the start of works? | 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 |
Administrative Charges for Offloaded Work | At the final stage of completion and commissioning of work, in case the contractors failure is limited to only some of the works costing not more than 2% of the original contract value, | 0.9 |
Contractor shall intimate the actual date of discontinuation of subcontract to Engineer. | This clause details an action (informing Engineer) required by the Contractor if a breach occurs. | 1 |
What is the impact of breaching the contract conditions on subcontracting? | Order of precedence gives the referral order in increasing importance order. | 0.1 |
Material handling | The Contractor shall be responsible for displaying the details of works i.e. name of work, approximate cost, expected date of completion | 0.1 |
Variation limit | Quantities operated in excess of 125% but upto 140% of the agreement quantity | 0.9 |
What is the compensation if a labour dies on site? | Contractor shall be responsible for the safety of all employees directly or through petty Contractors or sub-contractor employed by him | 0.9 |
Does the contract document contain a third-party liability relationship provision? | the lives, persons or property of others from whatsoever cause in connection with the works until they are taken over by the Railway, although all reasonable and proper precautions may have been taken by the Contractor. | 0.9 |
Responsibility for the storage facilities | Sheds, Storehouses and Yards | 0.9 |
Can the engineer make correction to the payment certificates | The Engineer may by any certificate make any correction or modification in any previous certificate which shall have been issued by him and that the Engineer may withhold any certificate, if the works or any part thereof are not being carried out to his satisfaction | 0.9 |
Should all the applied tenderers be called for? | 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 | 1 |
Does the contract document contain a third-party liability relationship provision? | sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise, and the incurring of any such expenses shall not be called in question by the Contractor. | 0.9 |
What happens to the 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 | 1 |
Hold harmless 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 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 |
When do the Railway is considered to enter into the contract? | The Contract Agreement shall be enteredinto by Railway only after submission of valid Performance Guarantee by the Contractor. | 1 |
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 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 |
The engineer may instruct the Contractor to remove the subcontractor from the work and Contractor has to comply with the above instructions with due promptness. | Impact of breaching terms from subcontracting side. | 0.9 |
What happens if the subcontractor claims? | The Contractor shall indemnify railway against any claim of subcontractor. | 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 after the date of receipt of the acceptance letter in respect of contracts | 1 |
Delay caused by the Contractor | Liquidated Damages | 1 |
What determines the completion of performance of the contract? | No certificate, other than a Maintenance Certificate if applicable and referred to in Clause 50 of the Conditions, shall be considered approval of any work or related matter. Similarly, it shall not be interpreted as an admission of the contract's due performance, in whole or in part. | 0.9 |
Excepted matter clauses | Railways decisions final and binding | 0.9 |
Royalty claims shall be invoked. | Any material found during excavation should be reported to the engineer. | 0.5 |
First step in Dispute resolution | Conciliator call | 1 |
Is night shift apllicable? | The Contractor shall not carry out any work between sun-set and sun-rise without the previous permission of the Engineer. However, if the Engineer is satisfied that the work is not likely to be completed in time except by resorting to night work, he may order the same without confirming any right on the Contractor for claiming any extra payment for the same. | 1 |
Deadline for submitting 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 | 0.9 |
Bonus for early completion of work | The maximum bonus shall be limited to 3% of original contract value. | 1 |
If the Contractor shall be dissatisfied by reason of any decision of the Engineer's representative, he shall be entitled to refer the matter to the Engineer who shall there upon confirm or vary | Authority of only the engineer is valid | 1 |
Latent errors | Any such verification or lack of such verification, by the Railway shall not relieve the bidder of its | 0.3 |
Delay due to railways | Extension for Delay due to Railways | 0.9 |
The Contractor is responsible for the excavated materials used in construction. | Can the excavated material be directly used in construction. | 0.9 |
Material storage during execution of work | the Contractor shall keep at each such sheds, storehouses and yards a sufficient quantity of materials and plant in stock as not to delay the carrying out of the works with due expedition | 1 |
What is the compensation if a labour dies on site? | Third party liability relation | 0.8 |