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provided that the Contractor may, 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. | This clause allows using suitable excavated materials for construction at no additional cost. | 1 |
Over time work | shall not carry out any work between sun-set and sun-rise without the previous permission of the Engineer | 0.9 |
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 |
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 |
When should the contractor start working on the project? | Commencement of works | 1 |
Conditions shall have been completed to the satisfaction of the Engineer | What determines the completion of the contract. | 0.9 |
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 |
When will the payment be made | The Contractor shall be entitled to be paid from time to time by way of "On-Account" payment only for such works as in the opinion of the Engineer | 0.9 |
Aribitration | Contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days | 0.9 |
Impact of breaching the terms in subcontracting side. | 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. | 0.1 |
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 |
The engineer may instruct the Contractor to remove the subcontractor from the work and Contractor has to comply with the above instructions with due promptness. | Third party liability relationship is present in this contract. | 0.1 |
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 |
What is the LD for incorrect measurement? | On first occasion of noticing exaggerated/ false measurement, Engineer shall recover liquidated damages equal to 10% of claimed gross bill value. | 1 |
What is the deadline to submit the proposed project schedule? | the necessity arises for the execution of such items of works that the accepted Schedule of Rates does not include rate or rates for the extra work involved. | 0.1 |
Doubts in Tender documents | Omissions and Descrepancies | 0.9 |
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 |
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 |
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 |
Above Forty percent of original period of completion including period of extension of DOC granted | Limits of Liquidated damages | 0.9 |
Completion of performance of projects. | The Engineer may also issue such a certificate indicating date of completion | 0.7 |
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 with initial completion period of two years or less or not later than 90 days for other contracts | 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 |
Who is responsible for latent errors? | 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 or otherwise and shall provide all labour | 0.1 |
How can the performance guarantee be submitted? | The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value | 1 |
Third party liability relationship | coordinate the work of various agencies engaged at site to ensure minimum disruption of work carried out by different agencies | 0.9 |
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 |
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 |
What are the prequalification criteria? | Contractor Credentials | 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. | There shall be no modification expected. | 0.2 |
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 |
Extension for Delay due to Railways | The Contractor shall comply with the provisions of the Payment of Wages Act | 0.1 |
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 |
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 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 |
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 |
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 |
Copyright infringement | Ownership of drawings and specifications | 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 |
The Contractor shall also be liable for any pecuniary liability arising on account of any violation of the provisions of the Apprentices Act. | 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? | 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 |
Delay on cause of Railways | 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 |
Stones/rocks/bounders obtained during excavation. | Excavated Material | 1 |
Does the contract document contain a 'third-party liability relationship' provision? | the Railway may incur in reference thereto, shall be charged to the Contractor | 1 |
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 |
Indemnification clause | save harmless the Railway from and against all actions | 0.9 |
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 |
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 |
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 |
Is there a way to claim consequential losses? | Third-party liability relationship | 0.9 |
The Contractor shall be paid for the works at the rates in the accepted Schedule of Rates and for extra works | What is the deadline to submit the proposed project schedule? | 0.1 |
The Engineer has authority to issue instructions to the Contractor. | Engineer's role in subcontracting issues. | 0.7 |
Responsibility for accidents at site | Reporting of accidents | 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 |
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 |
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 |
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 |
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 |
Time is essence of contract | Liquidated Damages are applicable | 0.9 |
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 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 |
The responsibility of successful completion of work by subcontrator shall lie with contractor. | This clause defines the Contractor's responsibility for subcontractor performance. | 1 |
breaching the contract conditions on subcontracting | shall not assign or sublet the contract or any part thereof or allow any person | 0.9 |
What happens if the delay is caused by the Railways | Extension for Delay due to 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 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 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 therefor, but in any such case, the Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 1 |
Casualty at site | shall report serious accidents to any of them however and wherever occurring on the works to the Engineer or the Engineers Representative | 1 |
Termination notice | notice proceed to make good his default in so far as the same is capable of 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 | 0.9 |
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 |
What percentage of security deposit should be submitted? | The Security Deposit shall be 5% of the contract value | 1 |
bounders obtained during excavation be used for construction | 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 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 |
Coordination of works clause | the Contractor shall properly connect and coordinate his work with theirs. | 0.9 |
Does the contract contain an Indemnification clause? | 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 |
Limits of Liquidated damages | issue such a certificate indicating date of completion with respect to any part of the work | 0.3 |
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 |
Additional documents involve General Conditions of Contract, Regulations for Tenders and Contracts and Special Conditions of Contract. | 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 such decision. | 0 |
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 |
Third party liability relationship | Coordination of works | 0.9 |
Change in new tax | if rates of existing GST or cess on GST for Works Contract is increased or any new tax /cess on Works Contract | 1 |
Breaching of terms in subcontracted part. | Contravention of contractual terms in the subcontracting part. | 0.9 |
The monetary value has to be returned. | Breaching terms in subcontracting side | 0.5 |
Who is responsible for maintaining storage facilities during work? | Sheds, Storehouses and Yards | 0.9 |
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 |
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 |
What is the impact of breaching the contract conditions on subcontracting? | Assignment of subletting the contract | 1 |
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 |
Prequalification criteria | his financial position | 0.9 |
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 |
Responsibility for the storage facilities | Does the contract contain a 'third party liability relations' clause? | 0.1 |
Bid Capacity | Available Bid Capacity = [A x N x 2] B | 1 |
Delay due to railways | any failure or delay by the Railway to hand over the Contractor possession of the lands | 1 |
Liquidated Damages | Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the Contractor or his partner or agent or servant or anyone on his behalf | 0.1 |
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 |
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 |
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 |
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 |
Delay due to third party contractor | The Contractor may also indicate the period for which the work is likely to be delayed and shall be bound to ask for necessary extension of time | 0.9 |
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 |
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 |
Project programme submission | What is the deadline to submit the proposed project schedule? | 0.8 |
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 in respect of contracts with initial completion period of two years or less or not later than 90 days | 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 |
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