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Valuables found during works | 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 | 1 |
Indices of price variation | Any adjustment needed to be done based on the finally published indices shall be made as and when they become available. | 0.9 |
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 happens if the delay is caused by the Railways | the Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 1 |
Is there any indemnification clause present in the contract? | 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 |
Excepted matters | Standard General Conditions of Contract or in any Clause (stated as excepted matter) of the Special Conditions of the Contract, shall be deemed as excepted matters (matters not arbitrable) and decisions of the Railway authority, thereon shall be final and binding on the Contractor; provided further that excepted matters shall stand specifically excluded from the purview of the Arbitration Clause. | 0.9 |
Identifiable 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 | 0.9 |
What is the deadline to submit the proposed project schedule? | Analysis of Unified Schedule of Rates of Indian Railways | 0.1 |
Contractor being financially stable | 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 |
the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. | Coordination of the works clause is present in the contract | 0.9 |
The Railway shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent | Third party liability relationship is present in this contract. | 0.9 |
What is the impact of breaching the contract conditions on subcontracting? | 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. | 0 |
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 |
Latent errors | Setting out of works | 0.8 |
Liquidated Damages | LD | 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. | Special conditions can be found attached to the Tender Forms. | 0.8 |
Security Deposit for faithful fullment | 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. | 0.9 |
Third party liability relationship | Coordination of works | 0.9 |
Contractor is liable until maintenance certficate is issued | Completion of contractual perfrmance | 0.9 |
Pandemic situation | failing which within the time specified in the Engineer's requisition, the work may be done by the Railway and the cost thereof recovered from the Contractor. | 0.9 |
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. | Third party liability relationship is present in this contract. | 0.2 |
Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon. | Third party liability relationship is present in this contract. | 0.1 |
Amount for security deposit | The Security Deposit shall be 5% of the contract value. | 1 |
Patent errors | The tender inviting authority may, if deemed necessary, clarify the same to all tenderers. It shall be understood that every endeavour has been made to avoid any error | 1 |
Bid Capacity | Available Bid Capacity = [A x N x 2] B | 1 |
Limits of Liquidated damages | issue such a certificate indicating date of completion with respect to any part of the work | 0.3 |
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 of contract specifies modifications, additions and suppression in a contract. | 0.8 |
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 |
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 | Authority of only the engineer is valid | 1 |
Extension of Time with Liquidated Damages (LD) for delay due to Contractor | 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 | 1 |
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 |
Prequalification criteria | his financial position | 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 |
Third party liability relationship | Explosives: Explosives shall not be used on the works or on the site by the Contractor without the permission of the Engineer | 0.1 |
Matter not arbitrable. | The issue cannot be resolved through arbitration. | 1 |
Authority of only the engineer is valid | Any instructions or approval given by the Engineer's representative to Contractor in connection with the works shall bind the Contractor as though it had been given by the Engineer | 1 |
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 |
Over time work | The whole of the works and/or supply of materials specified and provided in the contract or that may be necessary to be done | 0.1 |
Duration for submitting the project schedule | shall as soon as possible but not later than 30 days | 0.9 |
What is the deadline to submit the proposed project schedule? | 30 days from the submission | 0.8 |
What is the deadline to submit the proposed project schedule? | Accepted Programme of Work: 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 |
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 |
Does the contract document contain a third-party liability relationship provision? | make good at his own expense all loss or damage whether to the works themselves or to any other property of the Railway or the lives, persons or property of others from whatsoever cause in connection with the work | 1 |
Is there a way to claim consequential losses? | Third-party liability relationship | 0.9 |
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 | Can the excavated material be directly used in construction. | 0.1 |
Change in new tax | 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 | 0.8 |
What is the penalty for extension of time | Liquidated Damages | 0.9 |
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. | This clause specifies limitations on the Contractor disposing of excavated materials. | 1 |
Does the contract document contain a third-party liability relationship provision? | to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Contractor | 0.9 |
Is there any formula for variation in prices | The Amount of variation in prices in several components (labour, material etc.) shall be worked out by the following formulae | 0.9 |
Completion of contractual obligations | it shall not be interpreted as an admission of the contract's due performance, in whole or in part. | 0.1 |
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 |
How many days are given for submission of 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 |
Third party liability relationship | Client can transfer the liability to the contractor | 0.9 |
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 |
Engineer's representative shall not interfere | Any instructions or approval given by the Engineer's representative to Contractor in connection with the works shall bind the Contractor as though it had been given by the Engineer | 1 |
When should the contractor start working on the project? | 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 |
What is the impact of breaching the contract conditions on subcontracting? | Assignment or Subletting of Contract | 0.9 |
Should the lowest tender be selected always? | the tenderer will give full information as to the date of retirement of such Engineer or
gazetted officer from the said service | 0.1 |
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 |
Penalty clause | Liquidated Damages | 0.9 |
What happens if there is an ambiguity I meaning or context of use | If any ambiguity arises as to the meaning and intent of any portion of the Specifications and Drawings or as to execution or quality of any work or material, or as to the measurements of the works the decision of the Engineer thereon shall be final subject to the appeal | 1 |
How can the performance guarantee be submitted? | A deposit of Cash;
(ii) Irrevocable Bank Guarantee;
(iii) Government Securities including State Loan Bonds at 5% below the market value;
(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms
of Performance Guarantee could be either of the State Bank of India or of any of the
Nationalized Banks;
(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;
(vi) Deposit in the Post Office Saving Bank;
(vii) Deposit in the National Savings Certificates;
(viii) Twelve years National Defence Certificates;
(ix) Ten years Defence Deposits;
(x) National Defence Bonds and
(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is
less. Also, FDR in favour of FA&CAO (free from any encumbrance) may be
accepted. | 1 |
Joint Venture | JV | 1 |
Epidemic | Acts of God | 0.8 |
What does the document say about GST ? | his knowledge from actual personal investigation | 0.1 |
Compensation for variation in Quantity | As soon as in the opinion of the Engineer, the work has been completed and has satisfactorily passed any final test or tests that may be prescribed | 0.1 |
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 is the deadline to submit the proposed project schedule? | The Contractor shall at his own expense provide with sheds, storehouses and yards in such situations and in such numbers | 0 |
What determines the completion of performance of the contract? | It shall be valid during the entire currency of the contract including the period of extension, if any and the maintenance period after the work is completed. | 0.2 |
Does the contract document contain a third-party liability relationship provision? | Demurrage charges calculated in accordance with the scale in force for the time being on the Railway | 0.2 |
Indices of price variation | As soon as in the opinion of the Engineer, the work has been completed and has satisfactorily passed any final test or tests that may be prescribed, the Engineer shall issue a certificate of completion | 0.1 |
Who takes the blame of ballast failure? | that the Contractor shall indemnify the Railway against any claims or damages arising out of the use or misuse | 0.9 |
Place of Arbitration: The place of arbitration would be within the geographical limits of the Division of the Railway | Location for dispute resolution | 1 |
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 |
Material storage during execution of work | 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 |
Special Conditions of contracts should be referred in conjunction with the general conditions of the contract | Special Conditions of contracts should be referred alongside with the general conditions of the contract | 1 |
Conditions shall have been completed to the satisfaction of the Engineer | What determines the completion of the contract. | 0.9 |
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 |
Liquidated Damages | Materials: No forwarding orders shall be issued by the Railway for the conveyance of Contractor's materials | 0.2 |
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 |
breaching the contract conditions on subcontracting | shall not assign or sublet the contract or any part thereof or allow any person | 0.9 |
Reward for early completion | The maximum bonus shall be limited to 3% of original contract value. | 0.9 |
Hold harmless 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 |
Deadline | not later than 30 days after the date of receipt | 0.9 |
Delay caused by the Contractor | Extension of Time with Liquidated Damages (LD) for delay due to Contractor | 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 | 1 |
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 |
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 |
Compensation for variation in Quantity | 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 |
What happens if the subcontractor claims? | The Contractor shall indemnify railway against any claim of subcontractor. | 0.9 |
undertake all steps as may be possible to mitigate or neutralize the liability that has arisen | Third party liability relationship is present in this contract. | 0.7 |
The members of the entity shall also be liable jointly and severally for the loss, damages caused to the Railways 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 |
Ownership of drawings | deemed to be the property of the railways | 1 |
What is the deadline to submit the proposed project schedule? | the awarded Contractor must submit a detailed program of work. | 0.8 |
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 |
Type of contract | Bill of quantities | 1 |
What are the prequalification criteria? | his knowledge from actual personal investigation | 0.8 |
What are the additional documents that have to be read along with the Standard General Conditions of Contract? | 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 |
Stones/rocks/bounders | Excavated Material | 1 |