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Termination notice | Where any official appointed in this behalf by the Ministry of Labour is of the opinion that any person employed in connection with the execution of any work under this contract in the age group 15 to 19 years | 0 |
Excavated materials | the sand, stone, clay ballast, earth, trees, rock | 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 |
Earnest Money Deposit | EMD | 1 |
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 |
What is the deadline to submit the proposed project schedule? | Commencement of works | 0.9 |
Can excavated materails 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 |
The Engineer has authority to issue instructions to the Contractor. | Engineer's role in subcontracting issues. | 0.7 |
Who is responsible for maintaining storage facilities during work? | Sheds, Storehouses and Yards | 0.9 |
The Railway shall not be liable to the Contractor for any matter arising out of or in connection with the contract for execution of the works unless the Contractor has made a claim in | Does the contract contain a 'third party liability relations' clause? | 0.4 |
Monetary compensation if Railways delayed | 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 |
Amount for security deposit | The Engineer shall direct the order in which the several parts of the works shall be executed | 0.1 |
Does the contract document contain a third-party liability relationship provision? | A copy of certificate stating that they are not liable to be disqualified and all their statements/documents | 0 |
The rates, entered in the accepted Schedule of Rates of the Contract are intended to provide for works duly and properly completed in accordance with the General and Special (if any) Conditions | Change in new tax | 0.9 |
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. | Rocks/stones/bounders shall be utilized for construction | 0.8 |
Identifiable errors | Patent errors | 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 |
What is the impact of breaching the contract conditions on subcontracting? | The Contractor shall indemnify railway against any claim of subcontractor. | 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 | 0.9 |
Authority of only the engineer is valid | Engineer's representative shall not interfere | 1 |
Variation limit | In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable | 1 |
The Contractor shall be responsible for displaying the details of works | Coordination of the works clause is present in the contract | 0.1 |
Pandemic situation | the works must be completed not later than the date(s) as specified in the contract | 0.2 |
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 project timeline is well defined in this clause. | 0 |
the Contractor upto the date of completion and on the accepted schedule of rates | Deadline for submission of project schedules | 0.1 |
How late can the contractor delay the start of works? | 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 |
Change in new tax | in case the contractors failure is limited to only some of the works costing not more than 2% of the original contract value, and the Contractor request the engineer that such works | 0.1 |
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 or the lives, persons or property of others from whatsoever cause in connection with the works until they are taken over by the Railway, | Third party liability relationship is present in this contract. | 0.9 |
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 |
project schedule | Bar chart/PERT/CPM | 1 |
Price variation in compensation period | The price adjustment as worked out above, i.e. either increase or decrease shall be applicable upto the stipulated date of completion of work including the extended period of completion where such extension has been granted under Clause 17-A | 1 |
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 |
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 |
Extension for Delay due to Railways | delay by the Railway to hand over the Contractor possession of the lands necessary | 0.9 |
Security Deposit recovered from the running bills of a Contractor can be returned to him. | Breaching terms by subcontracting side. | 0.4 |
Copyright infringement | All Drawings and Specifications and copies thereof furnished by the Railway to the Contractor are deemed to be the property of the Railway. They shall not be used on other works and with the exception of the signed contract set, shall be returned by the Contractor to the Railway on completion of the work or termination of the Contract. | 1 |
Is there a way to claim consequential losses? | All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation | 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 |
Storage of materials | The Contractor shall at his own expense provide himself with sheds, storehouses and yards in such situations and in such numbers | 0.9 |
Confirmation of successful tenderer | Earnest Money | 0.8 |
Patent errors | he should at once notify the authority inviting tenders | 0.9 |
Target date for submititng the project schedule | The Contractor awarded the work shall submit, as soon as possible but no later than the designated timeframe | 0.8 |
Prequalification | Not calling all the applied tenderers | 0.8 |
When do the Railway is considered to enter into the contract? | The Contract Agreement shall be enteredinto by Railway only after submission of valid Performance Guarantee by the Contractor. | 1 |
Variation limit | Variation in quantities of individual items beyond 150% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender. | 0.9 |
Indemnification clause | Risk and Responsibility | 0.9 |
What is the deadline to submit the proposed project schedule? | Chart/PERT/CPM. 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. | 0.9 |
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 |
No claim certificate | Final Supplementary Agreement | 0.9 |
What does the document say about GST ? | The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details required under CGST/IGST/UTGST/SGST | 0.9 |
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 |
Delay caused by the Railways | 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 therefor, but in any such case, the Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 1 |
Payment/recovery for increase/decrease in GST on works contract or imposition/removal of any tax/cess on Works Contract as per Clause 37 | Bid Validity | 1 |
What determines the completion of performance of the contract? | Approval only by Maintenance Certificate | 0.9 |
Limit for variation | date and time of test checks shall be communicated to the Contractor who shall be present at the site and shall witness the test checks | 0 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | 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 | 0.9 |
Commencement of works | 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 |
Should all the applied tenderers be called for? | 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 | 1 |
Deadline for submitting project schedule. | The Contractor shall at once remove from the works any agents | 0 |
What determines the completion of performance of the contract? | In the event of the Railway requiring the maintenance of a Special Police Force at or in the vicinity of the site | 0.1 |
Special Conditions can change the Standard General Conditions. | Special specifications needs to be referred as an additional document alongside the General Conditions of the contract | 0.8 |
What is the deadline for the engineer to resolve ambiguity in meaning and context of use | within 7 days of such decision being intimated to the Contractor to the Chief Engineer who shall have the power to correct any errors, omissions, or discrepancies in aforementioned items | 0.9 |
Delay not caused neither by the contractor nor the railways | Contractor not having received in due time necessary instructions from the Railway for which he shall have specially applied in writing to the Engineer or his authorized representative then upon happening of any such event causing delay | 1 |
misleading information from the contractor | If the tenderer(s) deliberately gives / give wrong information in his / their tender or creates / create circumstances for the acceptance of his / their tender, the Railway reserves the right to reject such tender at any stage. | 1 |
Order of Precedence is the order with which preference should be given to the documents. | in case of any difference, contradiction, discrepancy, with regard to conditions of tender/contract, | 0.9 |
Latent errors | 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 |
Extension of Time with Liquidated Damages (LD) for delay due to Contractor. | Speaks about Delay damages. | 0.9 |
Over time work | if the Engineer is satisfied that the work is not likely to be completed in time except by resorting to night work | 0.9 |
Does the contract document contain a third-party liability relationship provision? | the lives, persons or property of others from whatsoever cause in connection with the works until they are taken over by the Railway, although all reasonable and proper precautions may have been taken by the Contractor. | 0.9 |
Termination determination | The Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion | 0.8 |
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., forming part of the tender/contract, the following shall be the order of precedence: | 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 | 0.1 |
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 |
How much money shold be sumbitted as performance bank guarantee? | 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. | 0.9 |
What is the impact of breaching the contract conditions on subcontracting? | provided always that execution of the details of the work by petty Contractor under the direct and personal supervision of the Contractor or his agent shall not be deemed to be sub-letting under this clause | 0.9 |
The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act | Does the contract contain a 'third party liability relations' clause? | 0.1 |
When should the contractor start working on the project? | Commencement of works | 1 |
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 |
If at all there is a night shift, will the contractor get paid for the same? | 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 |
What happens if the contractor could not complete the work? | At the final stage of completion and commissioning of work, in case the contractors failure is limited to only some of the works costing not more than 2% of the original contract value, | 0.9 |
Does the contract document contain a 'third-party liability relationship' provision? | 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, or any negligence or omissions on the part of the Contractor; 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. | 1 |
Does the contract contain a Force Majeure clause? | 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, explosions, epidemics/pandemics, strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of the happening of any such event is given by either party to the other within 30 days | 1 |
Railways' say on deciding the contractors | authority for the acceptance of the tender will rest with the Railway. | 0.9 |
Legal binding ensured | 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. | 0.9 |
Project programme submission | What is the deadline to submit the proposed project schedule? | 0.8 |
purpose of this contract and the Contractor shall endeavor to fulfill this programme of work. | What is the deadline to submit the proposed project schedule? | 0.8 |
Penalty for Performance Guarantee | In these Standard General Conditions of Contract, the following | 0 |
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 |
Variation in quantity of earthwork | It is an agreed term of contract that the Railway reserves to itself the right to carry out a post-payment audit | 0.1 |
What happens to the earnest money? | If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as part security for the due and faithful fulfillment of the contract | 1 |
contracvention of terms and conditions by the subcontracted part | Main contractor is still liable. | 0.8 |
Indemnification clause | All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation | 0.9 |
Force majeure clause | 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 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 |
Liquidated damages | 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 | 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. | Impact of breach of terms by subcontracting. | 0 |
Should works over and above those included in the contract require to be executed at the site | Any material found during excavation should be reported to the engineer. | 0.1 |
Delay Damages | Up to Twenty percent of original period of completion including period of extension of DOC granted | 1 |
Authority of only the engineer is valid | The Contractor shall keep one copy of Drawings and Specifications at the site, in good order | 0.2 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | Excavated materials | 1 |