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What happens if the delay is caused by the Railways
Extension for Delay due to Railways: In the event of any failure or delay by the Railway to 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 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 therefor, but in any such case, the Railway may grant such extension or extensions of the completion date as may be considered reasonable.
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 Extension of Time with Liquidated Damages (LD) for delay due to Contractor.
Speaks about Delay damages.
0.9
What is mentioned regarding the 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.
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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.
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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.
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Commencement of works
The Contractor shall commence the works within 15 days after the receipt by him
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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
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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.
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Liquidated Damages
Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the Contractor or his partner or agent or servant or anyone on his behalf
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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
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.
Impact of breach of terms by subcontracting.
0
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
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What determines the completion of performance of the contract?
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.
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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
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
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.
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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
Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract.
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, rock or other substances or materials
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Earnest Money Deposit
2% of the estimated cost of the work
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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.
Third party liability relationship is present in this contract.
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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
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Is there a way to claim consequential losses?
Coordination of the works clause is present in the contract
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Does the contract contain a Force Majeure clause?
If at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics/pandemics, strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of the happening of any such event is given by either party to the other within 30 days
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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,
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Duration for submitting the project schedule
or not later than 90 days for other contracts have to submit the detailed programme of work
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i. Letter of Award ii. Schedule of Items, Rates & Quantities iii. Special Conditions of Contract iv. Technical Specifications as given in tender documents v. Drawings vi. Indian Railways Standard General Conditions of Contract updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents. vii. CPWD Specifications 2019 Vol I & II updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents, if applicable in the contract. viii. Indian Railways Unified Standard Specification (IRUSS-2019) updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents, if applicable in the contract. ix. Indian Railways Unified Standard Specifications (Works and Material) 2010 updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents, if applicable in the contract. x. IR Specifications/Guidelines updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents. xi. Relevant B.I.S. Codes updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents.
Order of precedence
1
The additional documents to be read alongside with the General conditions of the contract are Regulations for tenders and Contracts and special conditions of contract.
What is the impact of breaching the contract conditions on subcontracting?
0
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.
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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
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 Special Conditions of Contract can modify the Standard General Conditions.
This clause mentions Special Conditions, which might be additional documents relevant to the contract.
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Bonus clause
Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work.
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
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 What is the impact of breaching the contract conditions on subcontracting?
Subcontracting will in no way relieve the Contractor to execute the work as per terms of the contract.
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What is the deadline for the contractor to give consent on unfinished works?
before issuing letter of acceptance to another agency for such work, the Contractor shall be informed of the rates at which the work will be got executed and the Contractor should give his consent to do so and certify that he would have no future claim on this account
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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
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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
How much money shold be sumbitted as performance bank guarantee?
The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value
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Is time is of essence in the contract?
and the works must be completed not later than the dates
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When shall the Performance Guarantee be invoked?
I/We do not commence the work within fifteen days after receipt of orders to that effect.
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Incentive to complete the work early
Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work
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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.
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What if subcontractor claims against the Railway?
The Contractor shall indemnify railway against any claim of subcontractor.
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Responsibility for the storage facilities
Sheds, Storehouses and Yards
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How is the word "drawing" defined in this contract?
“Drawings” shall mean the maps, drawings, plans and tracings, or prints thereof annexed to the Tender Forms.
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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 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.
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Return of earnest money
It shall be understood that the tender documents have been issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable
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Delay caused by the Contractor
Liquidated Damages
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Location of arbitration
The place of arbitration would be within the geographical limits of the Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway
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Documents that should be read together
Standard General Conditions of Contract, Special condititons and Tender forms
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Change in new tax
in case the contractor’s 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
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Payment/recovery for increase/decrease in GST on works contract or imposition/removal of any tax/cess on Works Contract as per Clause 37
Bid Validity
1
Prequalification of tenderers
Contractor Credentials
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Delay due to railways
Extension for Delay due to Railways
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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
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Excepted matter clauses
Railways decisions final and binding
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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
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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
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What are the prequalification criteria?
capacity to undertake and carry out works satisfactorily
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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
Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract.
Obligations of the contractor
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Valuables found during works
No alterations in or additions to or omissions or abandonment of any part of the works shall be deemed authorised, except under instructions from the Engineer.
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Aribitration
Dispute resolution
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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.
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Epidemic
Acts of God
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Latent errors
during the progress of the works any error appear
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The Contractor is responsible for the quality of work delivered.
This clause emphasizes the Contractor's responsibility, which applies to subcontracted work.
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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
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What is the deadline to submit the proposed project schedule?
the necessity arises for the execution of such items of works that the accepted Schedule of Rates does not include rate or rates for the extra work involved.
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Liquidated Damages
Extension of time
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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.
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Breaching of terms in subcontracted part.
Contravention of contractual terms in the subcontracting part.
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tenderer's rates should be sufficient to complete the work
Submission of tenders
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requirements for submitting a bid for the project
the tenderer must visit the work site for inspection.
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Excepted matters
Matter not arbitrable
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Order of Precedence
Contradicton, Discrepance, Ambiguity
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shall indemnify and hold harmless
Indemnification clause
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What is the deadline to submit the proposed project schedule?
for execution of the work within stipulated date of completion.
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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.
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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
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Project schedules like Bar chart, CPM, PERT
The quantities for items the unit of which in the accepted Schedule of Rates is 100 or 1000 shall be calculated to the nearest whole number
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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.
The additional documents to be referred are attached as annex to the tender forms.
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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
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The Railway shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent
Third party liability relationship is present in this contract.
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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
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Are audio notes accepatble in the contract?
All notices, communications, reference and complaints made by the Railway or the Engineer or the Engineer's Representative or the Contractor inter-se concerning the works shall be in writing or e-mail on registered e mail IDs and no notice, communication, reference or complaint not in writing or through e-mail, shall be recognized.
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 The responsibility of successful completion of work by subcontrator shall lie with contractor.
This clause defines the Contractor's responsibility for subcontractor performance.
1
The Contactor shall be debarred from disputing the correctness of the items covered by No Claim Certificate or demanding a clearance to arbitration in respect thereof.
Third party liability relationship is present in this contract.
0
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
No claim of Contractor whatsoever on this account shall be entertained by the Railway and this shall be deemed as ‘excepted matter’
Impact of breaching terms from subcontracting side.
0.9
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
 Contractor is liable until maintenance certficate is issued
Completion of contractual perfrmance
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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
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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
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What happens if there is an ambiguity I meaning or context of use
If any ambiguity arises as to the meaning and intent of any portion of the Specifications and Drawings or as to execution or quality of any work or material, or as to the measurements of the works the decision of the Engineer thereon shall be final subject to the appeal
1
Who is responsible for errors found during execution part?
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
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
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
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
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Type of contract
Bill of quantities
1
What determines the completion of performance of the contract?
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
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