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Will the railways provide the residence for the contractor organization? | Notwithstanding the issue of the Maintenance Certificate the Contractor | 0 |
Patent 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 which may subsequently be discovered and shall make no subsequent claim on account thereof | 0.8 |
What is the deadline to submit the proposed project schedule? | 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 |
Accomplishment of contractual terms | Maintenance Certificate shall be given by the Engineer upon the expiration of the period of maintenance | 0.9 |
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 |
Is the accomodation provided by the railways free | In exceptional cases where accommodation is provided to the Contractor at the Railway's discretion, recoveries shall be made at such rates | 1 |
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 |
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 |
Upper cap for liquidated damages | of liquidated damages under this condition shall not exceed 5% of the contract value | 1 |
Interpretation of Standard General Conditions of contract | 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. | 1 |
Liquidated Damages | Is time is of essence in the contract? | 0.9 |
The monetary value has to be returned. | Breaching terms in subcontracting side | 0.5 |
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 |
Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract. | This clause specifies the Contractor remains liable for fulfilling the contract terms even with subcontractors. | 1 |
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 |
actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account | Third party liability relationship is present in this contract. | 0.1 |
Who all should sign the contract document? | The contract document shall be signed in triplicate by the Railway and the Contractor. | 0.9 |
Change in new tax | if rates of existing GST or cess on GST for Works Contract is increased or any new tax /cess on Works Contract | 1 |
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 |
Amount for security deposit | The Security Deposit shall be 2.5% of the contract value. | 1 |
Programme of work | What is the deadline to submit the proposed project schedule? | 0.8 |
Programme of work | Schedule | 0.8 |
the aforesaid amount shall be liable to be forfeited to the Railway. | Third party liability relationship is present in this contract. | 0.3 |
Does the contract contain an Indemnification clause? | 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 or any statutory amendments thereof to any person or persons sustaining damages as aforesaid by reason of any act | 0.3 |
Order of Precedence | Contradicton, Discrepance, Ambiguity | 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 |
Failure of the Engineer's representative to disapprove any work or materials shall not prejudice the power of the Engineer thereafter to disapprove such work or material and to order the removal or breaking up thereof. | Authority of only the engineer is valid | 1 |
Provided also that in case of defaulting Contractor, the Railway may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained (including amount guaranteed through Performance Guarantee) may not exceed 10% of the total value of the contract. | Security Deposit should be submitted as assurance to the client. | 0.9 |
Additional documents involve General Conditions of Contract, Regulations for Tenders and Contracts and Special Conditions of Contract. | 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 such decision. | 0 |
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 |
Who is responsible for maintaining storage facilities during work? | The Contractor shall at his own expense provide himself with sheds, storehouses and yards in such situations and in such numbers | 0.9 |
requirements for submitting a bid for the project | the tenderer must visit the work site for inspection. | 0.9 |
Completion certification determines the completion of the contractual terms | What determines the completion of performance of the contract? | 0.7 |
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 |
Liquidated Damages | Extension of time | 0.9 |
Submission of planning schedules like Bar chart, CPM, PERT | What is the deadline to submit the proposed project schedule? | 0.9 |
What determines the completion of performance of the contract? | The Maintenance Certificate shall be given by the Engineer upon the expiration of the period of maintenance or as soon thereafter as any works ordered during such period | 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 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 |
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 |
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 shall be no modification expected. | 0.2 |
Breaching the terms by means of subcontracting works. | The project schedule should be submitted within 7 days. | 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 | 0.9 |
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 |
Amount for security deposit | The Security Deposit shall be 6% of the contract value. | 1 |
Price variation in compensation period | In case the indices increase above the indices applicable to the last month of original completion period or the extended period under Clause 17-A | 0.9 |
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 |
Issues in the subcontracting terms. | Will no way leave the contractor. | 0.9 |
What is the deadline to submit the proposed project schedule? | Engineer's role in subcontracting issues. | 0.1 |
Can consequential losses be claimed according this contract? | Indemnification clause | 1 |
Time is essence of contract | Liquidated Damages are applicable | 0.9 |
Prequalification of tenderers | A list of approved contractors shall be maintained in the Railway. | 0.9 |
Delay due to contractor | Extension of Time with Liquidated Damages (LD) for delay due to Contractor | 0.9 |
Errors during execution | Latent errors | 1 |
CONtractor is not relieved from their responsibility. | Violation of terms on subcontracting side. | 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 |
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 |
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 |
Should all the applied tenderers be called for? | authority for the acceptance of the tender will rest with the Railway. | 0.9 |
Omissions and Descrepancies | notify the authority inviting tenders. | 0.9 |
Does the contract contain an 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 | 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 |
Prequalification of tenderers | Contractor Credentials | 0.9 |
How much money shold be sumbitted as performance bank guarantee? | Once having entered into above arrangement, Contractor shall discontinue such
arrangement, if he intends to do so at his own or on the instructions of Railway, with
prior intimation to Chief Engineer. | 0.1 |
The responsibility of successful completion of work by subcontrator shall lie with contractor. | This clause defines the Contractor's responsibility for subcontractor performance. | 1 |
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 |
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 |
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 |
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 | 0.9 |
Termination notice | Submits copy of fake documents / certificates in support of credentials, submitted by the tenderer | 0.9 |
Variation in price | Price Variation clause | 1 |
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? | Accepted Programme of work | 0.9 |
Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract. | Obligations of the contractor | 0.7 |
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 |
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 |
Prequalification of tenderers | The said list be revised periodically once in a year or so by giving wide publicity through advertisements | 0.9 |
Royalty claims shall be invoked. | Any material found during excavation should be reported to the engineer. | 0.5 |
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 |
Commencement of works | The Contractor shall commence the works within 15 days after the receipt by him | 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 |
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 |
How much money shold be sumbitted as performance bank 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 |
Delay due to Unprecedented situations | Force Majeure Caluse | 0.9 |
he shall be liable to pay liquidated damages at the rates, as prescribed in the tender documents. | Third party liability relationship is present in this contract. | 0.6 |
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 | 1 |
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 | 0.9 |
Does the contract document contain a third-party liability relationship provision? | work, no variation limit shall apply and the work shall be carried out by the Contractor | 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. | 0.9 |
The Contract shall not be considered as completed until a Maintenance Certificate, if applicable, shall have been signed by the Engineer | Completion indiacted by issuance of maintenance certifciate | 0.9 |
How can the performance guarantee be submitted? | The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value | 1 |
Material handling | 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 |
Is there a way to claim consequential losses? | Indemnification clause | 0.9 |
Prequalification done by railways | 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 | 0.9 |
Does the contract document contain a 'third-party liability relationship' provision? | the Railway may incur in reference thereto, shall be charged to the Contractor | 1 |
Latent errors | at his own cost rectduring the progress of the works any error appear or arise in any part of the workify such errors, to the satisfaction of the Engineer's representative. | 1 |
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 |
aspects of the site and locality should a tenderer inspect | Care in Submission of Tenders | 0.8 |
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 impact of breaching the contract conditions on subcontracting? | The responsibility of successful completion of work by subcontractor shall lie with Contractor. | 0.9 |
Ambiguity in contracts | Doubts | 0.9 |