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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. | 0.8 |
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 |
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 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | 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 at such rates as may be determined by the Engineer. | 0.9 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | Impact of breach of terms by subcontracting. | 0 |
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 |
What is the impact of breaching the contract conditions on subcontracting? | Order of precedence gives the referral order in increasing importance order. | 0.1 |
Delay caused by the Contractor | Liquidated Damages | 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 |
What if subcontractor claims against the Railway? | The Contractor shall indemnify railway against any claim of subcontractor. | 1 |
Termination notice | Determination of Contract owing to Default of Contractor | 0.8 |
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 |
Doubts in Tender documents | Omissions and Descrepancies | 0.9 |
Impact of breaching the terms in subcontracting side. | 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. | 0.1 |
What happens in case of latent errors during execution of works | 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 |
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 |
the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Railway may incur in reference thereto, shall be charged to the Contractor. | Third party liability relationship is present in this contract. | 0.9 |
Bonus for early completion of work | Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work | 1 |
If an objection raised by the Contractor is found by the Engineer to be incorrect the Contractor shall be liable to pay the actual expenses incurred in measurements. | Does the contract contain a 'third party liability relations' clause? | 0.1 |
Who is responsible for latent errors? | The Contractor shall afford the Engineer and the Engineer's Representative every facility for entering in and upon every portion of the work at all hours for the purpose of inspection or otherwise and shall provide all labour | 0.1 |
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 |
Contractor Credentials | his capacity to undertake and carry out works satisfactorily as vouched for by a responsible official or firm | 0.8 |
Commencement of works | What is the deadline to submit the proposed project schedule? | 0.7 |
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 |
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 |
Stones/rocks/bounders | Excavated materials | 1 |
bounders obtained during excavation be used for construction | 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 |
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 |
Acknowledgement by the contractor | Non submission of above certificate by the bidder shall result in summarily rejection of his/their bid. | 0.9 |
Memorandum of understanding | MoU | 1 |
Delay due to railways | Extension for Delay due to Railways | 0.9 |
Concealment / wrong information in regard to above shall make the contract liable | Does the contract contain a 'third party liability relations' clause? | 0.1 |
Will any monetary compensation be provided in case of delay by the Railways | the Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 1 |
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 |
Price adjustment | Variation | 0.9 |
The programme of work amended as necessary by discussions with the Engineer | Project schedules like Bar chart, CPM, PERT | 0.8 |
Is the contract legally binding | 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 | 1 |
Latent errors | during the progress of the works any error appear | 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 |
Natural calamaties | Force Majeure | 1 |
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 |
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 |
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 |
Earnest Money Deposit | Value of the Work Earnest Money Deposit (EMD) | 0.8 |
Delay due to Railways | 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 | 1 |
Coordination of works with other contractors | The Contractor shall afford other Contractors reasonable opportunity for the storage of their materials | 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 documents to be read together are Regulations for Tenders and Contracts, General Conditions of Contract and Special Conditions of Contract if any. | 0.9 |
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 |
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 |
Material storage during execution of work | Sheds, Storehouses and Yards | 1 |
Delay caused by the 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 | 1 |
What determines the completion of performance of the contract? | The Contractor by the Railway, the erection, maintenance and removal of all temporary works | 0 |
Omissions and Descrepancies | should he be in doubt as to their meaning | 0.8 |
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 |
Project schedules like Bar chart, CPM, PERT | All temporary works necessary for the proper execution of the works shall be provided and maintained by the Contractor | 0 |
What is the deadline to submit the proposed project schedule? | in the form of Bar Chart/PERT/CPM | 0.9 |
What percentage of security deposit should be submitted? | In case of open tenders having value more than Rs 20 crore and original period of completion 12 months or more, when there is no reduction in original scope of work by more than 10%, | 0.1 |
Acts of God | 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 | 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 | 0.1 |
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 |
Project schedules like Bar chart, CPM, PERT | the Schedule to the Indian Medical Council Act | 0 |
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 |
Should any modifications in the contract document necessarily be in writing? | In the event of any of the provisions of the 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. | 1 |
Cap for Liquidated damages | of liquidated damages under this condition shall not exceed 5% of the contract value | 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 |
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 |
What are the prequalification criteria? | previous experience of works similar to that to be contracted for | 0.8 |
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 |
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 |
Contractor claiming for arbitration | dispute or difference on any account or as to the withholding by the Railway of any certificate to which the Contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days | 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 |
Converting consequential losses into Direct loss | 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 | 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 |
Payment methods | Claims | 0.9 |
What determines the completion of performance of the contract? | Maintenance Certificate shall be given by the Engineer upon the expiration of the period of maintenance | 0.9 |
Contractor claiming for arbitration | Railway shall be entitled to withhold and also have a lien to retain such sum or sums in whole | 0.1 |
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 |
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 |
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 |
What is the deadline to submit the proposed project schedule? | Any item of work carried out by the Contractor on the instructions of the Engineer which is not included in the accepted Schedules of Rates shall be executed at the rates set forth in the Schedule of Rates of Railway. | 0.2 |
Errors during execution | 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 |
Limits of Liquidated damages | It shall be open to the Contractor to take specific objection to any recorded measurements or Classification on any ground within seven days | 0.2 |
Determination of completion of performance | a Maintenance Certificate shall be deemed to constitute approval of any work | 0.9 |
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 |
Specifications and Drawings and the amounts to be paid therefor shall be calculated in accordance with the accepted Schedule of Rates. | Coordination of the works clause is present in the contract | 0 |
Bonus for early completion of work | The maximum bonus shall be limited to 3% of original contract value. | 1 |
Material handling | The Contractor shall be responsible for displaying the details of works i.e. name of work, approximate cost, expected date of completion | 0.1 |
Completion of contract performance | The Competent Authority to issue above Maintenance Certificate shall normally be the authority who is competent to sign the contract. | 0.8 |
Material storage during execution of work | The Contractor shall be bound to hand over the works executed under the contract to the Railway complete in all respects to the satisfaction of the Engineer | 0.2 |
What percentage of security deposit should be submitted? | The Security Deposit shall be 5% of the contract value | 1 |
Stones obtained during excavation shall be used for construction. | purpose of works either free of cost or pay thecost of the same. | 0.8 |
Damage to Railway Property or Private Life and Property: | Third party liability relationship is present in this contract. | 0.9 |
What does a tenderer need to do before submitting a bid for the project? | the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, | 0.9 |
Variation in quantity of earthwork | the variation limit of 25% shall apply to the gross quantity of earthwork | 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 |
breaching the contract conditions on subcontracting | Assignment or Subletting of Contract | 0.9 |
Security Deposit should be submitted as assurance to the client. | The Security Deposit shall be 5% of the contract value | 0.9 |
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 |
Is time is of essence in the 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 is the deadline to submit the proposed project schedule? | for execution of the work within stipulated date of completion. | 0.8 |