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What determines the completion of performance of the contract? | a certificate of completion duly indicating the date of completion in respect of the work and the period of maintenance of the work shall commence | 0.7 |
Contractor claiming for arbitration | Conditions, 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 |
Responsible for Subcontracted works | 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 | 0.9 |
undertake all steps as may be possible to mitigate or neutralize the liability that has arisen | Third party liability relationship is present in this contract. | 0.7 |
Change in new tax | in case the contractors failure is limited to only some of the works costing not more than 2% of the original contract value, and the Contractor request the engineer that such works | 0.1 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | Excavated materials | 0.9 |
Force Majeure | Act of God | 1 |
Railways' say on deciding the contractors | authority for the acceptance of the tender will rest with the Railway. | 0.9 |
Project schedules like Bar chart, CPM, PERT | The cost has to paid according to the Schedule of Rates proposed by the Railways | 0.1 |
materials during excavation shall be used for construction | use the same for the purpose of the works either free of cost or pay the cost | 0.9 |
Incentive to complete the work early | Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work | 1 |
third-party liability relations | unliquidated damages | 0.9 |
Impact of breach of terms by subcontracting. | No free railway passes shall be issued by the Railway to the Contractor or any of his employee/worker. | 0.1 |
Breaching the terms by means of subcontracting works. | The project schedule should be submitted within 7 days. | 0 |
Quantity variation | 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 |
Extension of Time with Liquidated Damages (LD) for 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 |
Excavated materials | the sand, stone, clay ballast, earth, trees, rock | 0.9 |
Arbitration law | Arbitration and Conciliation (Amendment) Act 2015, if they agree for such waiver in writing, after dispute having arisen between them, in the format | 0.9 |
Can consequential losses be claimed according this contract? | All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation | 1 |
Bid Validity | Rates accepted by Railway Administration shall hold good till completion of work and no additional individual claim shall be admissible | 1 |
Liquidated damages | 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 | 0.8 |
Limit for variation | date and time of test checks shall be communicated to the Contractor who shall be present at the site and shall witness the test checks | 0 |
Contractor may become liable or may be put to under any provision of law for the purpose of or in connection with the execution of the contract and all such other incidental charges or contingencies as may have been specially provided for in the Specifications. | Does the contract contain a 'third party liability relations' clause? | 0.1 |
Terminatio due to lack of supplies | The Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion | 1 |
What are the additional documents that have to be read along with the Standard General Conditions of Contract? | Limited Tenders shall mean tenders invited from all or some contractors on the approved or select list of contractors with the Railway | 0.1 |
What is the LD for incorrect measurement? | On any next occasion of noticing any exaggerated/false measurement, railway shall recover liquidated damages equal to 15% of claimed gross bill value. | 1 |
Acknowledgement in Joint Venture | 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. | 0.9 |
The Contractor is responsible for the quality of work delivered. | This clause emphasizes the Contractor's responsibility, which applies to subcontracted work. | 0.7 |
What determines the completion of performance of the contract? | unless the Contractor has made a claim in writing in respect thereof before the issue of the Maintenance Certificate under this clause. | 0.8 |
When shall the Performance Guarantee be invoked? | I/We do not execute the contract documents within seven days after receipt of notice issued by the Railway that such documents are ready | 0.9 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | Excavated Material: 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 | 1 |
Does the contract document contain a 'third-party liability relationship' provision? | the amount of any costs or charges including costs and charges in connection with legal proceedings | 0.9 |
Amount for security deposit | The Security Deposit shall be 2.5% of the contract value. | 1 |
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 at the time of delivery of the possession thereof but all the substances, | 0.9 |
Special Conditions can change the Standard General Conditions. | Special specifications needs to be referred as an additional document alongside the General Conditions of the contract | 0.8 |
What if subcontractor claims against the Railway? | The Contractor shall indemnify railway against any claim of subcontractor. | 1 |
Can the railways connect other contractors with the main contractor? | The Railway shall have the right to let other contracts in connection with the works. | 1 |
How much money shold be sumbitted as performance bank guarantee? | A deposit of Cash;
(ii) Irrevocable Bank Guarantee;
(iii) Government Securities including State Loan Bonds at 5% below the market value;
(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms
of Performance Guarantee could be either of the State Bank of India or of any of the
Nationalized Banks;
(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;
(vi) Deposit in the Post Office Saving Bank;
(vii) Deposit in the National Savings Certificates;
(viii) Twelve years National Defence Certificates;
(ix) Ten years Defence Deposits;
(x) National Defence Bonds and
(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is
less. Also, FDR in favour of FA&CAO (free from any encumbrance) may be
accepted. | 0.9 |
What are the additional documents that have to be read along with the 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 |
When should the contractor start working on the project? | threatened by or dispute with adjoining or to neighbouring owners or public authority arising otherwise through the Contractor's own default etc | 0 |
aspects of the site and locality should a tenderer inspect | Care in Submission of Tenders | 0.8 |
indemnify the Authority against any such liability and compensate the Authority to that extent | Third party liability relationship is present in this contract. | 0.8 |
Deadline for submitting project schedule. | As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. | 0.1 |
What happens when there is breaching of any terms from the subcontracting side? | In case Engineer is of the view that subcontractors performance is not satisfactory, he may instruct the Contractor to remove the subcontractor from the work and Contractor has to comply with the above instructions with due promptness. | 0.9 |
How many days for the railways to reply to Notice of dispute | any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question | 1 |
The technical specifications have higher priority than the drawings in case of any discrepancy or ambiguity between them. | Breaching the contractual terms | 0.1 |
Change in new tax | Works Contract is imposed by Statute after the date of opening of tender but within the original date of completion/date of completion | 0.9 |
What is the impact of breaching the contract conditions on subcontracting? | The responsibility of successful completion of work by subcontractor shall lie with Contractor. | 0.9 |
The excavated material shall be used for construction if found technically suitable. | Breach of contracting terms by subcontractor will no longer relieve contractor from their responsibility. | 0 |
The partners shall also be liable jointly and severally for the loss, damages caused to the Railway during the course of execution of the contract or due to non-execution of the contract or part thereof. | Does the contract contain a 'third party liability relations' clause? | 0.2 |
Storage of materials | The Contractor shall at his own expense provide himself with sheds, storehouses and yards in such situations and in such numbers | 0.9 |
What happens in case of delays neither due to Railway nor contractor | Contractor shall immediately give notice thereof in writing to the Engineer within 15 days of such happening, but shall nevertheless make constantly his best endeavours to bring down or make good the delay | 0.9 |
Bid Capacity | For tenders costing more than Rs 20 crore wherein eligibility criteria includes bid capacity also, the tenderer will be qualified only if its available bid capacity is equal to or more than the total bid value of the present tender. The available bid capacity shall be calculated. | 1 |
Variation limit | limit for varying quantities for minor value items shall be 100% | 0.9 |
Deadline for submitting project schedule. | This program should indicate the time schedule for various work items in the form of a Bar Chart/PERT/CPM. | 0.9 |
Order of Precedence is the order with which preference should be given to the documents. | in case of any difference, contradiction, discrepancy, with regard to conditions of tender/contract, | 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 |
What happens if the delay is caused by the Railways | the Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 1 |
Will the railways provide the residence for the contractor organization? | No quarters shall normally be provided by the Railway for the accommodation of the Contractor or any of his staff employed on the work. | 1 |
Bonus for early completion of work | The period of less than 30 days shall be ignored while working out bonus | 0.9 |
Is time is of essence in the contract? | and the works must be completed not later than the dates | 0.9 |
Patent 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 | 0.9 |
How late can the contractor delay the start of works? | The Contractor shall at all times during the progress and continuance of the works and also for the period of maintenance specified in the Tender Form | 0.1 |
Limits of Liquidated damages | Up to Twenty percent of original period of completion including period of extension of DOC granted | 0.9 |
Delay caused by the Railways | then 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 therefor, but in any such case, the Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 1 |
What is the impact of breaching the contract conditions on subcontracting? | The Contractor shall indemnify railway against any claim of subcontractor. | 0.9 |
Ambiguity in contracts | Doubts | 0.9 |
Place of Arbitration: The place of arbitration would be within the geographical limits of the Division of the Railway | Location for dispute resolution | 1 |
Performance Guarantee already submitted for the contract shall be encashed in addition to forfeiture of Security Deposit available with railway. | Speaks about rescission of contract. | 0.9 |
Authority of only the engineer is valid | Any instructions or approval given by the Engineer's representative to Contractor in connection with the works shall bind the Contractor as though it had been given by the Engineer | 1 |
Interpretation of Standard General Conditions of contract | What are the additional documents that have to be read along with the Standard General Conditions of Contract? | 0.9 |
Breach of any condition of contract relieves contractor's responsibility from that part. | Subcontracting will in no way relieve the Contractor to execute the work as per terms of the contract. | 0.9 |
Extension for Delay due to Railways | delay caused by the Railway due to any other cause whatsoever, then 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 |
Liquidated Damages | various items of works in the form of Bar Chart/PERT/CPM. | 0 |
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., forming part of the tender/contract, the following shall be the order of precedence: | 1 |
Is the Price Variation applicable to all? | Price Variation Clause (PVC) shall be applicable only in those contracts where tender conditions specifically permit it. | 1 |
Delay caused by the Railways | the Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 0.9 |
Termination determination | The Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion | 0.8 |
How many days are given for submission of 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 |
Does the contract document contain a third-party liability relationship provision? | the Railway shall not be held liable for any loss or damage to such of the Contractor's property as may be on the site and due to such removal | 0.2 |
Reward for early completion | The maximum bonus shall be limited to 3% of original contract value. | 0.9 |
Special Conditions of Contract must be referred to while executing the contract | Contractor should finish the works according to Special conditions of Contract. | 0.6 |
Completion of performance of projects. | that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the Contractor | 0.9 |
How much money shold be sumbitted as performance bank 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 |
What is the deadline to submit the proposed project schedule? | The Contractor shall at his own expense provide with sheds, storehouses and yards in such situations and in such numbers | 0 |
Price Variation clause | Railway free or at fixed rate, such payments shall be excluded from the gross value of the work for the purpose of payment/recovery of price variation. | 0.9 |
breaching the contract conditions on subcontracting | All gold, silver, oil, other minerals of any description, all precious stones, coins, treasures relics antiquities and other similar things | 0.1 |
Variation limit | Quantities operated upto and including 100% of the agreement quantity of the concerned minor value item, shall be paid at the rate awarded for that item in that particular tender | 0.8 |
Liquidated Damages | when he is not personally present on the site of the works place, keep a responsible agent at the works during working hours | 0 |
Such checking shall not absolve the Contractor of his own responsibility of maintaining accuracy in the work. | Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | 0.2 |
Does the contract document contain a indemnification clause provision? | The contractor will indemnify, defend, save and hold harmless the Authority and its officers, servants, agents, Government INstrumentalities and Government owned and/or controlled entities/enterprises, against any and all suits, proceedings, actions, demands and third party claims for any loss, damage, cost and expense of whatever kind and nature, whether arising out of any breach by the contractor of any its obligations inder this agrreement, including any errors or deficiencies in the design documents, or tort or on any other ground whatsoever, except to the extent that any such suits, proceedings, actions, demands and claims have arisen due to any negligent act or omission, or breach or default of this agreement on the part of the authority Indemnified persons. | 1 |
Reply to Arbitraction 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 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | Excavated materials | 1 |
What happens if the contractor could not complete the 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 |
What is the impact of breaching the contract conditions on subcontracting? | 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 |
Penalty for Performance Guarantee | In these Standard General Conditions of Contract, the following | 0 |
it is also aware of terms of the other Project contracts and other agreements the Authority has negotiated and entered into for performance of its obligations under the Agreement | Does the contract contain a 'third party liability relations' clause? | 0.9 |
Patent errors | successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim | 0.9 |
Railways' say on deciding the contractors | The Railway reserves the right of not to invite tenders for any of Railway work or works or to invite open or limited tenders | 0.9 |
The Contractor shall be responsible for the correct setting out of all works in relation to original points | Latent errors | 0.9 |