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Change in new tax | the Contractor shall be reimbursed the amount so paid. | 0.9 |
Will the railways provide the residence for the contractor organization? | No quarters shall normally be provided by the Railway for the accommodation of the Contractor or any of his staff employed on the 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 |
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 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 |
Pandemic situation | the works must be completed not later than the date(s) as specified in the contract | 0.2 |
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 |
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 |
Reward for early completion | The maximum bonus shall be limited to 3% of original contract value. | 0.9 |
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 |
Latent errors | Setting out of works | 0.8 |
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 |
Excavated materials be used in construction | all the substances, materials, buildings and produce shall be the property of the Railway provided that the Contractor may, with the permission of the Engineer, use the same for the purpose of the works | 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 |
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 |
Doubts in Tender documents | notify the authority inviting tenders. | 0.9 |
Deadline for submitting project schedule. | The Contractor shall at once remove from the works any agents | 0 |
Is there a provision for 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 |
What is the impact of breaching the contract conditions on subcontracting? | entitle the Railway to rescind the contract under Clause 62 of these Conditions and also render the Contractor liable for payment to the Railway in respect of any loss or damage arising or ensuing from such cancellation | 1 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | Impact of breach of terms by subcontracting. | 0 |
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 |
Variation limit | limit for varying quantities for minor value items shall be 100% | 0.9 |
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 |
Indemnification clause | 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. | 0.75 |
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 |
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 |
Retention money | Earnest Money | 0.9 |
Under what conditions can the Engineer can execute works at the risk and cost of the Contractor? | The assessment of rates for extra items shall be arrived at based on the prevailing rates and | 1 |
What determines the completion of performance of the contract? | the period of maintenance specified in the tender arising in the opinion of the Engineer from materials or workmanship | 0.6 |
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 |
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 |
Under what conditions can the Engineer can execute works at the risk and cost of the Contractor? | modified by the tender percentage, and for such items not contained in the latter, at the rate agreed upon between the Engineer and the Contractor before the execution of such items of work | 1 |
Can a partnership firm change its 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 |
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 |
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 |
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 |
How is the word "Employer" defined in this contract? | Railway shall mean the President of the Republic of India or the administrative officers of the Railway or Successor | 1 |
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 |
Contractor Credentials | his capacity to undertake and carry out works satisfactorily as vouched for by a responsible official or firm | 0.8 |
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 |
What are the items covered under the Price Adjustment/Variation clause? | in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate). | 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 |
What is the impact of breaching the contract conditions on subcontracting? | The permitted subcontracting of work by the Contractor shall not establish any contractual relationship between the sub-contractor and the Railway and shall not relieve the Contractor of any responsibility under the Contract. | 0.9 |
Does the contract contain an Indemnification clause? | 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 or any statutory amendments thereof to any person or persons sustaining damages as aforesaid by reason of any act | 0.3 |
Omissions and Descrepancies | should he be in doubt as to their meaning | 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 |
Is there a way to claim consequential losses? | Indemnification clause | 0.9 |
Completion certification determines the completion of the contractual terms | What determines the completion of performance of the contract? | 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. | What is the order of precedence in the case of ambiguity between drawings and technical specifications? | 0.2 |
Pandemic situation | disease break out, the Contractor shall burn the huts, beddings, clothes and other belongings of or used by the infected parties and promptly erect new huts on healthy sites | 1 |
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 |
Extension for Delay due to Railways | delay caused by the Railway due to any other cause whatsoever, 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 | 1 |
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 |
actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account | Third party liability relationship is present in this contract. | 0.1 |
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 |
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 |
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 |
What is the impact of breaching the contract conditions on subcontracting? | Assignment of subletting the contract | 1 |
Price adjustment | Variation | 0.9 |
The failed Contractor shall be debarred from participating in re-tender for that work. | Can the excavated material be directly used in construction. | 0 |
Limits of Liquidated damages | enlargements, extensions, diminution, reduction, alterations or additions referred to in Sub-Clause (2) of this Clause shall in no degree | 0 |
What are the additional documents that have to be read along with the Standard General Conditions of Contract? | 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. | 1 |
What happens in case of delays neither due to Railway nor contractor | Contractor shall immediately give notice thereof in writing to the Engineer within 15 days of such happening, but shall nevertheless make constantly his best endeavours to bring down or make good the delay | 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. | 0.9 |
Joint Venture | JV | 1 |
The monetary value has to be returned. | Breaching terms in subcontracting side | 0.5 |
Will there be any bonus if the work is completed in advance? | there is no reduction in original scope of work by more than 10%, and no extension granted on either railway or Contractors account, Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work. | 0.9 |
Variation in price | Price Variation clause | 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 |
Programme of work | What is the deadline to submit the proposed project schedule? | 0.8 |
Delays due to contractor | Liquidated Damages | 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 documents to be read together are Regulations for Tenders and Contracts, General Conditions of Contract and Special Conditions of Contract if any. | 0.9 |
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 |
Submission of planning schedules like Bar chart, CPM, PERT | Contractor awarded the work shall submit a detailed program of work indicating the time schedule | 0.9 |
Accomplishment of contractual terms | Maintenance Certificate shall be given by the Engineer upon the expiration of the period of maintenance | 0.9 |
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 |
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 |
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 |
Bonus for early completion of work | Incentive to complete the work early | 1 |
Failure of the Engineer's representative to disapprove any work or materials shall not prejudice the power of the Engineer thereafter to disapprove such work or material and to order the removal or breaking up thereof. | Authority of only the engineer is valid | 1 |
Stones/rocks/bounders | Excavated Material | 1 |
Punishment for exaggerated measurement | measurement or has claimed any false measurement for the works which have not been executed; amounting to variation of 5% or more of claimed gross bill amount | 0.9 |
Determination of completion of performance | a Maintenance Certificate shall be deemed to constitute approval of any work | 0.9 |
What are the prequalification criteria? | Contractor Credentials | 0.9 |
What is the deadline to submit the proposed project schedule? | an authority specified in the Schedule to the Indian Medical Degrees Act | 0 |
Project schedules like Bar chart, CPM, PERT | the Schedule to the Indian Medical Council Act | 0 |
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 |
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 |
work indicating the time schedule for various work items using Bar Chart/PERT/CPM | What is the deadline to submit the proposed project schedule? | 0.8 |
Indemnification clause | save harmless the Railway from and against all actions | 0.9 |
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 |
Patent errors | risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof | 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 |
he shall be liable to pay liquidated damages at the rates, as prescribed in the tender documents. | Third party liability relationship is present in this contract. | 0.6 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | Excavated materials | 1 |
Compensation for accidents | Contractor shall be responsible for the safety of all employees directly or through petty Contractors or sub-contractor | 0.9 |
Latent 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 | 0.5 |
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 |
Is a site visit mandatory for tenderers | When work is tendered for by a firm or company, the tender shall be signed by the individual legally authorized to enter into commitments on their behalf. | 0.1 |