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Change in new tax | the Contractor shall be reimbursed the amount so paid. | 0.9 |
Breach of any condition of contract relieves contractor's responsibility from that part. | Subcontracting will in no way relieve the Contractor to execute the work as per terms of the contract. | 0.9 |
Earnest Money Deposit | The tenderer shall be required to deposit earnest money with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender | 0.9 |
Is there a way to claim consequential losses? | Coordination of the works clause is present in the contract | 0.9 |
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 |
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 |
all the substances, materials, buildings and produce shall be the property of the Railway provided that the Contractor may, | Excavated material | 0.8 |
Extension in case of acts of God | notice of the happening of any such event is given by either party to the other within 30 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance | 0.9 |
Criteria for ealy completion | 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%, and no extension granted on either railway or Contractors account, | 1 |
Time for submitting the proposed project schedule | shall as soon as possible but not later than 30 days | 0.9 |
What determines the completion of performance of the contract? | The Competent Authority to issue above Maintenance Certificate shall normally be the authority who is competent to sign the contract. | 0.8 |
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 |
Delay due to contractor | If the Contractor fails to complete the works within the time as specified in the contract | 0.9 |
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 |
The Contractor shall remove from his camp such labour and their families as refuse protective inoculation and vaccination when called upon to do so by the Engineer or the Engineer's Representative | Pandemic situation | 1 |
Retention money | Earnest Money | 0.9 |
Submission of planning schedules like Bar chart, CPM, PERT | Schedule of Rates | 0.3 |
Proposed Project schedule | The Contractor shall endeavor to fulfill this program. | 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 |
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 |
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 | Can the excavated material be directly used in construction. | 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 |
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 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. | 1 |
Determination of completion of performance | No certificate other than Maintenance Certificate, if applicable, referred to in Clause 50 of the Conditions shall be deemed to constitute approval | 0.8 |
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 |
When should the contractor start working on the project? | threatened by or dispute with adjoining or to neighbouring owners or public authority arising otherwise through the Contractor's own default etc | 0 |
The Contractor is responsible for the excavated materials used in construction. | Can the excavated material be directly used in construction. | 0.9 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | The Railway may agree to allow the Contractor use of the ballast or material trains under such conditions as shall be specially prescribed | 0.1 |
Extension for Delay due to Railways | during test check or otherwise, it is detected by the Engineer that agency has claimed any exaggerated measurement | 0 |
Bonus for early completion of work | The period of less than 30 days shall be ignored while working out bonus | 0.9 |
if found technically satisfactory | with the permission of the Engineer, use the same | 0.8 |
Contractor may become liable or may be put to under any provision of law for the purpose of or in connection with the execution of the contract and all such other incidental charges or contingencies as may have been specially provided for in the Specifications. | Does the contract contain a 'third party liability relations' clause? | 0.1 |
The failed Contractor shall be debarred from participating in re-tender for that work. | Can the excavated material be directly used in construction. | 0 |
Responsibility for the storage facilities | Sheds, Storehouses and Yards | 0.9 |
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 | 0.9 |
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 |
Earnest Money Deposit | 2% of the estimated cost of the work | 0.9 |
Indemnification clause | save harmless the Railway from and against all actions | 0.9 |
Criteria on which Price variation is calculated | The Base Month for Price Variation Clause shall be taken as month 28 days prior to opening of tender including extension | 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 |
What does a tenderer need to do before submitting a bid for the project? | Care in Submission of Tenders | 0.8 |
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 | 1 |
the period of maintenance specified in the tender arising in the opinion of the Engineer from materials or workmanship | Maintenance certificate issuance | 0.6 |
Out of scope works | Should works over and above those included in the contract require to be executed at the site, the Contractor shall have no right to be entrusted with the execution of such works which may be carried out by another Contractor or Contractors or by other means at the option of the Railway. | 1 |
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 | 0.9 |
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 |
Third party liability relationship | Coordination of works | 0.9 |
Delay due to railways | any failure or delay by the Railway to hand over the Contractor possession of the lands | 1 |
Delay due to Railways | Extension for Delay due to Railways | 1 |
Is night shift apllicable? | 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 |
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 | 0.9 |
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 |
Delay not caused neither by the contractor nor the railways | the progress of work has any time been delayed by any act or neglect of Railway's employees or by other Contractor employed by the Railway under Sub-Clause (4) of Clause 20 of these Conditions or in executing the work not forming part of the
contract but on which Contractor's performance necessarily depends | 1 |
Bonus for early completion of work | Incentive to complete the work early | 1 |
Termination notice | Fail to adhere to the provisions of Clause 16 of Tender Form (Second Sheet) of Annexure I of Part I Regulations for Tenders and Contract, or provision | 0.9 |
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 |
Indemnification clause | hold harmless | 0.9 |
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 | 0.9 |
Is there a provision for extension of time in case of delays on Railway side? | Delay due to railways | 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 |
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 |
What determines the completion of performance of the contract? | the period of maintenance of such part shall commence from the date of completion | 0.7 |
Does the contract document contain a third-party liability relationship provision? | the Railway shall not in any way be liable for the supply of materials or for the non-supply thereof for any reasons whatsoever nor for any loss or damage arising in consequence of such delay or non-supply. | 0.5 |
bodily injury, sickness, disease or death, of any person whatsoever arising out of or in the course of or by reason of the Contractors design | Indemnification clause | 0.9 |
the full Earnest Money Deposit (EMD) shall be liable to be forfeited. | Does the contract contain a 'third party liability relations' clause? | 0.3 |
What happens when there is breaching of any terms from the subcontracting side? | In case Engineer is of the view that subcontractors performance is not satisfactory, he may instruct the Contractor to remove the subcontractor from the work and Contractor has to comply with the above instructions with due promptness. | 0.9 |
Latent errors | Engineer's representative shall, at his own cost rectify such errors, to the satisfaction of the Engineer's representative | 1 |
the amounts to be paid therefor shall be calculated in accordance with the accepted Schedule of Rates. | What is the deadline to submit the proposed project schedule? | 0.1 |
Earthwork quantity variation | 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 |
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. | This clause tells about the documents which have to be read alongside with the Standard General Conditions of contract. | 1 |
Who decides the 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 | 0.9 |
Stones/rocks/bounders obtained during excavation. | The contractor shall not sell or otherwise dispose of or remove except for the purpose of this contract. | 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 |
Contractor being financially stable | Available Bid Capacity = [A x N x 2] B | 1 |
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. | 0.1 |
Inspection responsibility | 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 | 0.9 |
Contractor may serve a written notice on the Engineer requiring permission within 15 days | Third party liability relationship is present in this contract. | 0.3 |
Rocks excavated in due course of the project shall be used if found technically viable. | or materials which may be 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. | 0.8 |
What is the deadline to submit the proposed project schedule? | The cost has to paid according to the Schedule of Rates proposed by the Railways | 0.1 |
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 |
Documents that should be read together | Standard General Conditions of Contract, Special condititons and Tender forms | 0.9 |
additional documents that have to be read along with the Standard General Conditions of Contract | read in conjunction with the Standard General Conditions of Contract | 1 |
Does the contract document contain any order of prescedence? | The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details | 0.1 |
Liquidated Damages | various items of works in the form of Bar Chart/PERT/CPM. | 0 |
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. | 0.9 |
Proposed Project schedule | Bar chart, PERT, CPM | 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 | 0.9 |
Can the railways connect other contractors with the main contractor? | 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. | 0.9 |
The Contractor is responsible for the quality of work delivered. | This clause emphasizes the Contractor's responsibility, which applies to subcontracted work. | 0.7 |
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 |
with the permission of the Engineer, use the same for the purpose of the works either free of cost or pay the cost | excavated matters can be used for construction | 0.9 |
Termination notice | 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 | 0.8 |
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 |
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 |
What determines the completion of performance of the contract? | Constructional Plant shall mean all appliances or things of whatsoever nature required for the execution, completion or maintenance of the works or temporary works | 0.5 |
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 |
Criteria on which Price variation is calculated | unless otherwise stated elsewhere. The quarter for applicability of PVC shall commence from the month following Base month | 0.9 |
Who is responsible for latent errors? | 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 |
Valuables found during works | Contractor shall duly preserve the same to the satisfaction of the Railway and shall from time to time deliver the same | 1 |