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What percentage of security deposit should be submitted? | In case of open tenders having value more than Rs 20 crore and original period of completion 12 months or more, when there is no reduction in original scope of work by more than 10%, | 0.1 |
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 |
Incentive for early completion | Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work. | 1 |
Such checking shall not absolve the Contractor of his own responsibility of maintaining accuracy in the work. | Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | 0.2 |
How is the word "Employer" defined in this contract? | the President of the Republic of India or the administrative officers of the Railway or Successor Railway authorized to deal with any matter | 1 |
Under what conditions can the Engineer can execute works at the risk and cost of the Contractor? | 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 | 1 |
Breaching the contract on subcontracting terms | No certificate other than Maintenance Certificate, if applicable, referred to in Clause 50 of the Conditions shall be deemed to constitute approval of any work or other matter in respect of which it is issued | 0.1 |
read along with the Standard General Conditions of Contract | additions or suppression by Special Conditions of Contract and/or Special Specifications, if any, annexed to the Tender Form | 0.9 |
Prequalification done by railways | 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 | 0.9 |
Can consequential losses be claimed according this contract? | Indemnification clause | 1 |
Coordination of works clause | the Contractor shall properly connect and coordinate his work with theirs. | 0.9 |
What is the deadline to submit the proposed project schedule? | The project's progress will be monitored against this program, and liquidated damages will be calculated accordingly. | 0.8 |
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 |
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 |
What happens to the earnest money? | The Earnest Money of other Tenderers shall, save as herein before provided, be returned to them | 0.9 |
How many days for the railways to reply to Notice of dispute | the Contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration. | 1 |
How much money shold be sumbitted as performance bank 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 |
Delay Damages | 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 |
Does the contract contain a clause for acts of god? | Force majeure clause | 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 |
The contract specifies procedures for resolving disputes. | This clause might be relevant if a dispute arises due to subcontractor performance. | 0.7 |
What is the impact of breaching the contract conditions on subcontracting? | Assignment or Subletting of 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 |
Payment methods | Claims | 0.9 |
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 |
the period of maintenance specified in the tender arising in the opinion of the Engineer from materials or workmanship | Maintenance certificate issuance | 0.6 |
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 |
What does the document say about GST ? | his knowledge from actual personal investigation | 0.1 |
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 |
What is the role of the Engineer in the completion of works? | Conditions of Contract for the completion of works to the entire satisfaction of the Engineer. | 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. | Special Conditions of contract should be read alongside with Standard General Conditions of Contract. | 1 |
Is there any indemnification clause present in the contract? | the Security Deposit already with railways under the contract shall be forfeited. | 0 |
Is the accomodation provided by the railways free | In exceptional cases where accommodation is provided to the Contractor at the Railway's discretion, recoveries shall be made at such rates | 1 |
Does the contract contain a clause for 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, 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 |
Is a site visit mandatory for tenderers | Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, | 1 |
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 |
Contractor may become liable or 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 or contingencies as may have been specially provided for in the Specifications. | Does the contract contain a 'third party liability relations' clause? | 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 |
The Schedule of Items of tender shall fall outside the purview of Price Variation Clause. | What is the deadline to submit the proposed project schedule? | 0.1 |
The Contractor shall be responsible for displaying the details of works | Coordination of the works clause is present in the contract | 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 |
Third party liability relationship | Coordination of works | 0.9 |
Does the contract document contain a indemnification clause provision? | The contractor will indemnify, defend, save and hold harmless the Authority and its officers, servants, agents, Government INstrumentalities and Government owned and/or controlled entities/enterprises, against any and all suits, proceedings, actions, demands and third party claims for any loss, damage, cost and expense of whatever kind and nature, whether arising out of any breach by the contractor of any its obligations inder this agrreement, including any errors or deficiencies in the design documents, or tort or on any other ground whatsoever, except to the extent that any such suits, proceedings, actions, demands and claims have arisen due to any negligent act or omission, or breach or default of this agreement on the part of the authority Indemnified persons. | 1 |
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 |
How late can the contractor delay the start of works? | The Contractor shall at all times during the progress and continuance of the works and also for the period of maintenance specified in the Tender Form | 0.1 |
Adjustment for Changes in Legislation | if rates of existing GST or cess on GST for Works Contract is increased or any new tax /cess on Works Contract | 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 |
Deadline for submitting project schedule. | Breaching the contract terms in subcontracting side will no longer relieve contractor. | 0 |
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 |
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 |
Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract. | This clause specifies the Contractor remains liable for fulfilling the contract terms even with subcontractors. | 1 |
Errors during execution | 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 aforesaid amount shall be liable to be forfeited to the Railway. | Third party liability relationship is present in this contract. | 0.3 |
What is the deadline to submit the proposed project schedule? | in the form of Bar Chart/PERT/CPM | 0.9 |
Does the contract document contain any order of prescedence? | The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details | 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 |
additional documents that have to be read along with the Standard General Conditions of Contract | read in conjunction with the Standard General Conditions of Contract | 1 |
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 |
Proposed Project schedule | Bar chart, PERT, CPM | 1 |
Commencement of works | What is the deadline to submit the proposed project schedule? | 0.7 |
What law governs the contract? | The contract shall be governed by the law for the time being in force in the Republic of India. | 1 |
Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract. | This clause specifies the Contractor remains liable for fulfilling the contract terms even with subcontractors. | 1 |
Natural calamaties | Force Majeure | 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 |
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 |
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 | Does the contract contain a 'third party liability relations' clause? | 0.9 |
What is the deadline to submit the proposed project schedule? | 30 days from the submission | 0.8 |
Authority of only the engineer is valid | Engineer's representative shall not interfere | 1 |
In these Regulations for Tenders and Contracts the following terms shall
have the meanings assigned hereunder | How is the word "Employer" defined in this contract? | 0.9 |
Converting consequential losses into Direct loss | 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 | 0.9 |
Criteria on which Price variation is calculated | unless otherwise stated elsewhere. The quarter for applicability of PVC shall commence from the month following Base month | 0.9 |
First step in Dispute resolution | Conciliator call | 1 |
What does a tenderer need to do before submitting a bid for the project? | Care in Submission of Tenders | 0.8 |
Earnest Money Deposit | For works estimated to cost more than ? 1 crore | 0.9 |
Does the contract document contain a third-party liability relationship provision? | sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise, and the incurring of any such expenses shall not be called in question by the Contractor. | 0.9 |
Limits of Liquidated damages | issue such a certificate indicating date of completion with respect to any part of the work | 0.3 |
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 |
Latent errors | Engineer's representative shall, at his own cost rectify such errors, to the satisfaction of the Engineer's representative | 1 |
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 |
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 |
Will any monetary compensation be provided in case of delay by the Railways | the Railway may grant such extension or extensions of the completion date as may be considered reasonable. | 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 are the additional documents that have to be read along with the Standard General Conditions of Contract? | 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 | 1 |
Termination notice | 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 | 0.8 |
Delay due to contractor | Liquidated damages | 0.9 |
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 |
Interpretation of Standard General Conditions of contract | 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 |
Earnest Money Deposit | EMD | 1 |
Responsibility for the storage facilities | Does the contract contain a 'third party liability relations' clause? | 0.1 |
Will the railways provide the residence for the contractor organization? | Notwithstanding the issue of the Maintenance Certificate the Contractor | 0 |
Administrative Charges for Offloaded 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 |
What are the items not covered under the Price Adjustment/Variation clause? | As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole | 1 |
Identifiable errors | Patent errors | 1 |
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 |
Variation limit | Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each individual item of the contract would be upto 25% | 0.9 |
Upper cap for liquidated damages | of liquidated damages under this condition shall not exceed 5% of the contract value | 1 |
Extra time work | Over time work | 1 |
Breach of any condition of contract relieves contractor's responsibility from that part. | Subcontracting will in no way relieve the Contractor to execute the work as per terms of the contract. | 0.9 |
What is the impact of breaching the contract conditions on subcontracting? | 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 | 1 |
Damage to Railway Property or Private Life and Property: | Third party liability relationship is present in this contract. | 0.9 |
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