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Termination determination | The Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion | 0.8 |
Contractor being financially stable | Available Bid Capacity = [A x N x 2] B | 1 |
No claim certificate | Agreement: After the work is completed or otherwise concluded by the parties with mutual consent, and taken over by the Railway as per terms and conditions of the contract agreement, and there is unequivocal no claim on either side under the Contract other than as mentioned in item 4 of Annexure XIV, the parties shall execute the Final Supplementary Agreement as per Annexure XIV. | 0.9 |
Amount for security deposit | The Security Deposit shall be 2.5% of the contract value. | 1 |
Under what conditions can the Engineer can execute works at the risk and cost of the Contractor? | Contractor fails to attend the
meeting after being notified to do so or in the event of no settlement being arrived at, the
Railway shall be entitled to execute the extra works by other means | 1 |
Project schedules like Bar chart, CPM, PERT | The cost has to paid according to the Schedule of Rates proposed by the Railways | 0.1 |
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 |
Termination notice | notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid of the entire satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice | 0.9 |
Patent errors | he should at once notify the authority inviting tenders | 0.9 |
Proposed project schedule | Bar Chart/PERT/CPM | 1 |
Above Forty percent of original period of completion including period of extension of DOC granted | Limits of Liquidated damages | 0.9 |
stones, rocks or other substances or materials which may be obtained from any excavation. | This clause specifically mentions stones and rocks as potential excavated materials for construction. | 1 |
What is the impact of breaching the contract conditions on subcontracting? | The 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, save as provided below. | 1 |
Third party insurance | The insuring Party shall insure against each Partys liability for any loss, damage, death or bodily injury which may occur to any physical property | 0.9 |
Delay Damages | Up to Twenty percent of original period of completion including period of extension of DOC granted | 1 |
Does the contract document contain any order of prescedence? | In a tender/contract, in case of any difference, contradiction, discrepancy, with regard to conditions of tender/contract, specifications, drawings, bill of quantities etc. | 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 |
What are the items not covered under the Price Adjustment/Variation clause? | in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate). | 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 |
What is the deadline to submit the proposed project schedule? | Commencement of works | 0.9 |
What is the deadline to submit the proposed project schedule? | Accepted Programme of work | 0.9 |
Will the railways provide the residence for the contractor organization? | In exceptional cases where accommodation is provided to the Contractor at the Railway's discretion, recoveries shall be made at such rates | 1 |
Security Deposit recovered from the running bills of a Contractor can be returned to him. | Breaching terms by subcontracting side. | 0.4 |
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 |
charges shall be debited to the Contractor's account in the hands of the Railway | Third party liability relationship is present in this contract. | 0.7 |
Stones/rocks/bounders | the sand, stone, clay ballast, earth, trees, rock | 0.9 |
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 |
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 |
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. | There is no need to read Special Conditions in this contract. | 0 |
Contractor result in the breach by the Authority of any or all of the other Project contracts and such breach imposes any liability on the Authority | Third party liability relationship is present in this contract. | 0.9 |
breaching the contract conditions on subcontracting | shall not assign or sublet the contract or any part thereof or allow any person | 0.9 |
Stones obtained during excavation shall be used for construction. | obtained from any excavation made for the purpose of the works or any building or produced upon the site at the time | 0.9 |
No free railway passes shall be issued by the Railway to the Contractor or any of his employee/worker. | Can excavated materails be used for construction if found technically satisfactory? | 0 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | All gold, silver, oil, other minerals of any description, all precious stones, coins, treasures relics antiquities and other similar things which shall be found in or upon the site shall be the property of the Railway | 0.8 |
Project schedule | This program of work, amended as necessary through discussions with the Engineer, shall be treated as the agreed-upon program for the contract, and the Contractor shall strive to fulfill it. | 0.8 |
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 |
Coordination of works clause | coordinate the work of various agencies engaged at site to ensure minimum disruption of work carried out by different agencies | 0.8 |
No forwarding orders shall be issued by the Railway for the conveyance of Contractor's materials. | Breach of contracting terms by subcontractor will no longer relieve contractor from their responsibility. | 0.1 |
Fulfilment of contractual obligations | Period of Maintenance shall mean the specified period of maintenance from the date of completion of the works, as certified by the Engineer. | 0.7 |
What happens if the subcontractor claims? | The Contractor shall indemnify railway against any claim of subcontractor. | 0.9 |
Stones obtained during excavation shall be used for construction. | purpose of works either free of cost or pay thecost of the same. | 0.8 |
for items the unit of which in the accepted Schedule of Rates is single | What is the deadline to submit the proposed project schedule? | 0.1 |
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 |
Does the contract contain an Indemnification clause? | 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 |
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 |
Acts of God | 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 | 1 |
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 |
What are the prequalification criteria? | his knowledge from actual personal investigation | 0.8 |
Earnest Money Deposit | Value of the Work Earnest Money Deposit (EMD) | 0.8 |
Patent errors | Any such verification or lack of such verification, by the Railway shall not relieve the bidder of its obligations or liabilities hereunder nor will it affect any rights of the Railway thereunder. | 0.9 |
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 |
Penalty for Performance Guarantee | a penal interest of 12% per annum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 22nd day after the date of issue of LOA. Further, if the 60th day happens to be a declared holiday in the concerned office of the Railway, submission of PG can be accepted on the next working day. | 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. | This clause describes the obligations of various parties. | 0.1 |
Standard General Conditions of contract should be read along with Special Conditions of contracts | 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 |
What is the deadline to submit the proposed project schedule? | the Schedule to the Indian Medical Council Act | 0 |
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. 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 | 1 |
Duration of extension of time | Up to Twenty percent of original period of completion including period of extension of DOC granted under Section 17A(i) | 1 |
Fee for prequalified contractors | charged from such approved contractors to cover the cost of sending notices to them and clerkage for tenders etc. Notices shall be sent to them on registered e-mail address and registered postal address | 0.9 |
What is the deadline to submit the proposed project schedule? | 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 | 0.1 |
In case the Railway shall be called upon to make good any costs, loss or damages, or to pay any compensation, including that payable under the provisions of the Workmen's Compensation Act | Third party liability relationship is present in this contract. | 0.8 |
Can excavated materails be used for construction if found technically satisfactory? | the sand, stone, clay ballast, earth, trees, rock or other substances or materials which may be obtained from any excavation made for the purpose of the works or any building | 0.9 |
third-party liability relations | unliquidated damages | 0.9 |
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 |
thereof, I/We will be liable for forfeiture of my/our Earnest Money. | Does the contract contain a 'third party liability relations' clause? | 0 |
What happens in case of delays neither due to Railway nor contractor | Extension for Delay not due to Railway or Contractor | 0.9 |
if found technically satisfactory | 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 |
Is there a table for price variation | Adjustment for variation in prices of material, labour, fuel, explosives, detonators, steel, concreting, ferrous, non-ferrous, insulators, zinc and cement shall be determined in the manner prescribed. | 0.8 |
Are audio notes considered legal? | 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. | 1 |
Who is responsible for maintaining storage facilities during work? | Sheds, Storehouses and Yards | 0.9 |
Acts of God | Force Majeure Caluse | 0.9 |
Project schedules like Bar chart, CPM, PERT | The Contractor shall be paid for the works at the rates in the accepted Schedule of Rates | 0.2 |
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 |
Deadline for Arbitritration submission | Contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days | 0.9 |
Responsibility for ease of access | 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 |
Impact of breach of terms by subcontracting. | The contractor shall commence the works within 15 days after the receipt by him of an order in wirting to this effect from the Engineer and shall proceed with the same with due expection and without delay. | 0.2 |
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 |
Liquidated Damages | 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 | 0.9 |
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 |
Coordination of works clause | 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 | 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 clause defines Order of Precedence very well. | 0 |
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 |
What is the deadline to submit the proposed project schedule? | Engineer's role in subcontracting issues. | 0.1 |
contracvention of terms and conditions by the subcontracted part | Main contractor is still liable. | 0.8 |
Confirmation of successful tenderer | Earnest Money | 0.8 |
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 |
Delay caused by the Railways | the Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 0.9 |
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 |
The Contractor shall be paid for the works at the rates in the accepted Schedule of Rates and for extra works | What is the deadline to submit the proposed project schedule? | 0.1 |
Contravention of contractual terms by subcontracting side. | The Contractor shall indemnify and save harmless the Railway from and against all actions. | 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 |
Is the order of priority defined? | Breach of contracting terms by subcontractor will no longer relieve contractor from their responsibility. | 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. | 1 |
Amount for security deposit | The Engineer shall direct the order in which the several parts of the works shall be executed | 0.1 |
The Engineer has authority to issue instructions to the Contractor. | Engineer's role in subcontracting issues. | 0.7 |
Time is essence of contract | Liquidated Damages are applicable | 0.9 |
What are the items not covered under the Price Adjustment/Variation clause? | in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate). | 1 |
What is the impact of breaching the contract conditions on subcontracting? | The Contractor shall endeavour to resolve all matters and payments amicably and speedily with the subcontractor. | 0.9 |
Delay due to Unprecedented situations | Force Majeure Caluse | 0.9 |
Delay due to railways | any failure or delay by the Railway to hand over the Contractor possession of the lands | 1 |