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At what base, the variation of prices shall be considered? | The Base Month for Price Variation Clause shall be taken as month 28 days prior to opening of tender including extensions | 1 |
Achievement of contractual obligations | the period of maintenance of such part shall commence from the date of completion | 0.4 |
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 |
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 |
What is the cap for unfinished works for which the contractor can offload with minimal consequences | in case the contractors failure is limited to only some of the works costing not more than 2% of the original contract value, | 1 |
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 |
Liquidated Damages | LD | 1 |
The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act | Does the contract contain a 'third party liability relations' clause? | 0.1 |
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 |
Omissions and Descrepancies | notify the authority inviting tenders. | 0.9 |
Who all should be present at the time of signing of the document? | The contract document shall be signed in triplicate by the Railway and the Contractor. | 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 | 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 clause says about the documents to be referred in the contract | 1 |
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 |
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 |
Natural causes | Force Majeure | 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 |
Bonus for early completion of work | The period of less than 30 days shall be ignored while working out bonus | 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 |
the Contractor upto the date of completion and on the accepted schedule of rates | Deadline for submission of project schedules | 0.1 |
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 |
Is there a provision for extension of time in case of delays on Railway side? | Delay due to railways | 1 |
Variation in quantity of earthwork | the variation limit of 25% shall apply to the gross quantity of earthwork | 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 |
What is the impact of breaching the contract conditions on subcontracting? | The Contractor shall indemnify railway against any claim of subcontractor. | 0.9 |
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 |
No claim certificate | Final Supplementary Agreement | 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 |
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 | 1 |
Does the contract document contain a 'third-party liability relationship' provision? | In case the Railway shall be called upon to make good any costs, loss or damages, or to pay any compensation | 0.9 |
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 which may be obtained from any excavation made for the purpose | 1 |
Can the railways connect other contractors with the main contractor? | Separate Contracts in Connection with Works | 1 |
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 |
Does the contract document contain a indemnification clause provision? | The partners of the firm to which the Letter of Acceptance (LOA) is issued, shall be jointly and severally liable to the Railway for execution of the contract | 0.1 |
Bid Validity | a duly authorized representative shall appear and execute the contract agreement within seven days of notice | 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 |
Determination of completion of performance | which it is issued or shall be taken as an admission of the due performance of the contract or any part thereof. | 1 |
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. | 1 |
Variation limit | Quantities operated in excess of 125% but upto 140% of the agreement quantity | 0.9 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | 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 | 0.9 |
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 |
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 |
The Earnest Money deposited by the Contractor with his tender will
be retained by the Railways as part of security for the due and faithful fulfillment of the
contract by the Contractor. | The Earnest Money deposited by the Contractor with his tender will be retained by the Railways as part of security for the due and faithful fulfillment of the contract by the Contractor. | 1 |
Acknowledgement by the contractor | Non submission of above certificate by the bidder shall result in summarily rejection of his/their bid. | 0.9 |
Indemnification clause | hold harmless | 0.9 |
Delay due to contractor | Extension of Time with Liquidated Damages (LD) for delay due to Contractor | 0.9 |
Variation in price | Materials supplied free of cost by Railway to the Contractors and any extra NS item(s) included in subsequent variation falling outside the purview of the Schedule of Items | 0.9 |
Limits of Liquidated damages | Up to Twenty percent of original period of completion including period of extension of DOC granted | 0.9 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | use the same for the purpose of the works either free of cost or pay the cost | 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 project timeline is well defined in this clause. | 0 |
Extension for Delay due to Railways | The Contractor shall comply with the provisions of the Payment of Wages Act | 0.1 |
Limit for variation | Quantities operated in excess of 100% but upto 200% of the agreement quantity of the concerned minor value item | 0.8 |
Excepted matters | Matters Finally Determined by the Railway | 1 |
Special conditions of contract specifies modifications, additions and suppression in a contract. | Special specifications of contract specifies modifications, additions and suppression in a contract. | 1 |
What is the deadline to submit the proposed project schedule? | 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 | 1 |
Under what conditions can the Engineer can execute works at the risk and cost of the Contractor? | the Contractor before the execution of such items of work and the Contractors
shall be bound to notify the Engineer at least seven days before the necessity arises forthe execution of such items of works that the accepted Schedule of Rates | 1 |
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 deadline to submit the proposed project schedule? | 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 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 |
Amount for security deposit | The Security Deposit shall be 6% of the contract value. | 1 |
The Contractor shall be responsible for the correct setting out of all works in relation to original points | Latent errors | 0.9 |
In case of disputes, where should the arbitartion take place? | Place of Arbitration: The place of arbitration would be within the geographical limits of the Division of the Railway | 1 |
Third party liability relationship | coordinate the work of various agencies engaged at site to ensure minimum disruption of work carried out by different agencies | 0.9 |
Extension of time | Railway may, if satisfied that the works can be completed by the Contractor within reasonable short time thereafter, allow the Contractor for further extension of time (Proforma at Annexure-VII) as the Engineer may decide | 1 |
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 |
Authority of only the engineer is valid | The Contractor shall keep one copy of Drawings and Specifications at the site, in good order | 0.2 |
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 |
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 |
What is the penalty for extension of time | 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. | 0.9 |
Ownership of drawings | deemed to be the property of the railways | 1 |
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 |
What determines the completion of performance of the contract? | No certificate other than Maintenance Certificate, if applicable, referred to in Clause 50 of the Conditions shall be deemed to constitute approval | 1 |
What does the document say about GST ? | Tenderers will examine the various provisions of The Central Goods and Services Tax Act, 2017(CGST)/ Integrated Goods and Services Tax Act, 2017(IGST)/ Union Territory Goods and Services Tax Act, 2017(UTGST)/ | 1 |
Time is essence of contract | 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 |
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 |
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 |
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 |
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 |
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 |
Completion of contractual obligations | Unfulfilled obligations | 0.8 |
What is the penalty for extension of time | Liquidated Damages | 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 should be given more priority than drawings | 0.4 |
Force Majeure | Act of God | 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 |
Termination notice | Determination of Contract owing to Default of Contractor | 0.8 |
Bid Capacity | Available Bid Capacity = [A x N x 2] B | 1 |
Termination notice | Where any official appointed in this behalf by the Ministry of Labour is of the opinion that any person employed in connection with the execution of any work under this contract in the age group 15 to 19 years | 0 |
What are the items not covered under the Price Adjustment/Variation clause? | In case of foundation work, no variation limit shall apply and the work shall be carried out by the Contractor on agreed rates irrespective of any variation. | 1 |
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 |
How is the word "Employer" defined in this contract? | Railway shall mean the President of the Republic of India or the administrative officers
of the Railway or Successor Railway authorized to deal with any matter, which these presents
are concerned on his behalf | 1 |
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 |
What are the items not covered under the Price Adjustment/Variation clause? | 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 |
Should any modifications in the contract document necessarily be in writing? | 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 | 0.9 |
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 |
aspects of the site and locality should a tenderer inspect | Care in Submission of Tenders | 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 |
Latent errors | Any such verification or lack of such verification, by the Railway shall not relieve the bidder of its | 0.3 |
Indemnification clause | The Contractor shall indemnify and save harmless the Railway from and against all actions | 0.9 |
Does the contract document contain a third-party liability relationship provision? | in case the contractors failure is limited to only some of the works costing not more than 2% of the original contract value | 0.1 |
provided that the Contractor may, 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. | This clause allows using suitable excavated materials for construction at no additional cost. | 1 |