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Bid Validity | Rates accepted by Railway Administration shall hold good till completion of work and no additional individual claim shall be admissible | 1 |
Force Majeure | 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 |
Fulfilment of contractual obligations | Isssuance of Maintenance certificate | 0.9 |
Acts of God | Force Majeure Caluse | 0.9 |
The Standard General Conditions of Contract are the base conditions that can be overridden by Special Conditions of Contract. | Special Conditions might exist in the contract and supersede the Standard General Conditions. | 0.5 |
Delay caused by the Railways | the Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 0.9 |
Should any modifications in the contract document be in verbal form? | The Contractor shall prepare and furnish to the Engineer once in every quarter commencing from the month following the month of issue of Letter of Acceptance | 0 |
Coordination of works clause | the Contractor shall properly connect and coordinate his work with theirs. | 0.9 |
Valuables found during works | No alterations in or additions to or omissions or abandonment of any part of the works shall be deemed authorised, except under instructions from the Engineer. | 0.1 |
Right of Railway to Deal with Tenders | 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 |
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. | 1 |
Excepted matters | The Contractor shall not employ children below the age of 15 as labourers directly or through petty Contractors or sub-contractors for the execution of work. | 0.1 |
Variation limit | Quantities operated upto and including 100% of the agreement quantity of the concerned minor value item, shall be paid at the rate awarded for that item in that particular tender | 0.8 |
stones, rocks or other substances or materials which may be obtained from any excavation. | This clause specifically mentions stones and rocks as potential excavated materials for construction. | 1 |
that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 120 days | Any material found during excavation should be reported to the engineer. | 0.1 |
Bonus clause | Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work. | 1 |
Members of the entity to which the contract is awarded, shall be jointly and severally liable to the Railway for execution of the project in accordance with General and Special Conditions of Contract. | Does the contract contain a 'third party liability relations' clause? | 0.1 |
Does the contract contain a clause for acts of god? | On receipt of approval from Chief Engineer, Contractor shall enter into a formal
agreement legally enforceable in Court of Law with subcontractor and submit a copy
of the same to the Engineer. | 0 |
Does the contract document contain a third-party liability relationship provision? | Tenders containing erasures and / or alterations of tender documents are liable to be rejected. | 0 |
Price Variation clause | Railway free or at fixed rate, such payments shall be excluded from the gross value of the work for the purpose of payment/recovery of price variation. | 0.9 |
What is the impact of breaching the contract conditions on subcontracting? | Subcontracting will in no way relieve the Contractor to execute the work as per terms of the contract. | 1 |
Is time is of essence in the contract? | and the works must be completed not later than the dates | 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 | 0.9 |
Completion of contractual obligations | Unfulfilled obligations | 0.8 |
Return of 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 in terms | 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 |
The Engineer may instruct the Contractor to remove the subcontractor from the work. | This clause outlines a potential consequence (subcontractor removal) for breaching subcontracting conditions. | 1 |
What is the impact of breaching the contract conditions on subcontracting? | shall not assign or sublet the contract or any part thereof or allow any person | 0.9 |
penalty for a partnership firm changing members after submitting a tender | Any change in the constitution of Partnership firm after opening of tender shall be with the consent of all partners and with the signatures of all partners as that in the Partnership Deed. Failure to observe this requirement shall render the offer invalid and full EMD shall be forfeited. | 0.9 |
Responsibility for the storage facilities | Does the contract contain a 'third party liability relations' clause? | 0.1 |
At what base, the variation of prices shall be considered? | The Base Month for Price Variation Clause shall be taken as month 28 days prior to opening of tender including extensions | 1 |
What are the prequalification criteria? | capacity to undertake and carry out works satisfactorily | 0.9 |
Project schedules like Bar chart, CPM, PERT | The cost has to paid according to the Schedule of Rates proposed by the Railways | 0.1 |
Special Conditions of Contract can modify the Standard General Conditions. | This clause mentions Special Conditions, which might be additional documents relevant to the contract. | 0.7 |
i. Letter of Award
ii. Schedule of Items, Rates & Quantities
iii. Special Conditions of Contract
iv. Technical Specifications as given in tender documents
v. Drawings
vi. Indian Railways Standard General Conditions of Contract updated with correction slips
issued up to date of inviting tender or as otherwise specified in the tender documents.
vii. CPWD Specifications 2019 Vol I & II updated with correction slips issued up to date
of inviting tender or as otherwise specified in the tender documents, if applicable in the
contract.
viii. Indian Railways Unified Standard Specification (IRUSS-2019) updated with
correction slips issued up to date of inviting tender or as otherwise specified in the tender
documents, if applicable in the contract.
ix. Indian Railways Unified Standard Specifications (Works and Material) 2010 updated
with correction slips issued up to date of inviting tender or as otherwise specified in the
tender documents, if applicable in the contract.
x. IR Specifications/Guidelines updated with correction slips issued up to date of inviting
tender or as otherwise specified in the tender documents.
xi. Relevant B.I.S. Codes updated with correction slips issued up to date of inviting tender
or as otherwise specified in the tender documents. | Order of precedence | 1 |
Bid Validity | a duly authorized representative shall appear and execute the contract agreement within seven days of notice | 0.9 |
What is the deadline to submit the proposed project schedule? | All temporary works necessary for the proper execution of the works shall be provided and maintained by the Contractor | 0 |
Over time work | shall not carry out any work between sun-set and sun-rise without the previous permission of the Engineer | 0.9 |
Early completion bonus | Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work. | 1 |
Third party insurance | The Contractor shall effect and maintain insurance against liability for claims, damages, losses and expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Contractors Personnel. | 1 |
What is the LD for incorrect measurement? | On any next occasion of noticing any exaggerated/false measurement, railway shall recover liquidated damages equal to 15% of claimed gross bill value. | 1 |
Copyright infringement | Ownership of drawings and specifications | 0.9 |
Order of Precedence is the order with which preference should be given to the documents. | Order of Priority is the order with which preference should be given to the documents. | 1 |
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 |
Does the contract document contain a third-party liability relationship provision? | the Earnest Money that may happen thereto while in their possession, nor be liable to pay interest thereon. | 0 |
Delay due to railways | 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 | 0.9 |
The Engineer may instruct the Contractor to remove the subcontractor from the work. | This clause outlines a potential consequence (subcontractor removal) for breaching subcontracting conditions. | 1 |
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 | 0.9 |
Is there any indemnification clause present in the contract? | the Security Deposit already with railways under the contract shall be forfeited. | 0 |
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 | Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract. | 0 |
Project schedules like Bar chart, CPM, PERT | 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 |
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 should be given more priority than drawings | 0.4 |
Extension for Delay due to Railways | The Contractor shall comply with the provisions of the Payment of Wages Act | 0.1 |
Variation in quantity of earthwork | As soon as in the opinion of the Engineer, the work has been completed and has satisfactorily passed any final test | 0 |
Liquidated Damages | when he is not personally present on the site of the works place, keep a responsible agent at the works during working hours | 0 |
Liquidated damages | Up to Twenty percent of original period of completion including period of extension of DOC granted | 1 |
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, | 1 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | 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 | 0.9 |
The excavated material shall be used for construction if found technically suitable. | Breach of contracting terms by subcontractor will no longer relieve contractor from their responsibility. | 0 |
What are the prequalification criteria? | Contractor Credentials | 0.9 |
What is the deadline to submit the proposed project schedule? | 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 |
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 additional documents to be referred are attached as annex to the tender forms. | 0.9 |
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 or the lives, persons or property of other | 0.9 |
Indemnification clause | No free railway passes shall be issued by the Railway to the Contractor or any of his employee/worker. | 0.1 |
Variation limit | limit for varying quantities for minor value items shall be 100% | 0.9 |
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 | 0.8 |
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 |
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 | 0.9 |
Limit for variation | Quantities operated in excess of 100% but upto 200% of the agreement quantity of the concerned minor value item | 0.8 |
Deadline for submitting project schedule. | The quantities set out in the accepted Schedule of Rates with items of works quantified are the estimated quantities of the works | 0.1 |
Does the contract document contain any order of prescedence? | In case of ambiguity, order of precedence shall be referred. | 1 |
What determines the completion of performance of the contract? | No certificate, other than a Maintenance Certificate if applicable and referred to in Clause 50 of the Conditions, shall be considered approval of any work or related matter. Similarly, it shall not be interpreted as an admission of the contract's due performance, in whole or in part. | 0.9 |
Limits of Liquidated damages | As decided by Engineer, between 0.01% to 0.10% of contract value for each week or part of the week | 0.9 |
How can the performance guarantee be submitted? | The contract documents shall be signed in triplicate by the Railway and the Contractor. 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, equipments | 0.1 |