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First step in Dispute resolution | Conciliator shall assist the parties to reach an amicable settlement in an independent and impartial manner within the terms of contract | 0.9 |
What determines the completion of performance of the contract? | The Maintenance Certificate shall be given by the Engineer upon the expiration of the period of maintenance or as soon thereafter as any works ordered during such period | 0.9 |
What are the prequalification criteria? | capacity to undertake and carry out works satisfactorily | 0.9 |
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 |
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 |
take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings, charging to Contractor, as aforesaid | Third party liability relationship is present in this contract. | 1 |
What happens in case of latent errors during execution of works | 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 |
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 |
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 can be found attached to the Tender Forms. | 0.8 |
Unprecedented coonditions | Force Majeure | 1 |
Bonus for early completion of work | Incentive to complete the work early | 1 |
Liquidated Damages | Materials: No forwarding orders shall be issued by the Railway for the conveyance of Contractor's materials | 0.2 |
Doubts in Tender documents | notify the authority inviting tenders. | 0.9 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | 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 at such rates as may be determined by the Engineer. | 0.9 |
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 |
Bonus for early completion of work | Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work | 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 |
How much money shold be sumbitted as performance bank guarantee? | The successful bidder shall submit the Performance Guarantee (PG) in any of the
following forms, amounting to 5% of the contract value | 1 |
Achievement of contractual obligations | the period of maintenance of such part shall commence from the date of completion | 0.4 |
Is there a provision for extension of time in case of delays on Railway side? | Delay due to railways | 1 |
What is the penalty for extension of time | 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, a sum calculated at the following rates of the contract value of the works. | 0.9 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | 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 | 0.8 |
Payment methods | Claims | 0.9 |
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 |
Extension in case of acts of God | 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 |
Omissions and Descrepancies | should he be in doubt as to their meaning | 0.8 |
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, rock or other substances or materials which may be obtained from any excavation made for the purpose | 1 |
Rocks excavated in due course of the project shall be used if found technically viable. | or materials which may be obtained 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. | 0.8 |
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 |
The Contactor shall be debarred from disputing the correctness of the items covered by No Claim Certificate or demanding a clearance to arbitration in respect thereof. | Third party liability relationship is present in this contract. | 0 |
thereof, I/We will be liable for forfeiture of my/our Earnest Money. | Does the contract contain a 'third party liability relations' clause? | 0 |
Excepted matters | Matter not arbitrable | 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 |
Location of arbitration | The place of arbitration would be within the geographical limits of the Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway | 1 |
Commencement of works | What is the deadline to submit the proposed project schedule? | 0.7 |
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 |
Programme of work | Schedule | 0.8 |
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 | 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 |
Excepted matters | Standard General Conditions of Contract or in any Clause (stated as excepted matter) of the Special Conditions of the Contract, shall be deemed as excepted matters (matters not arbitrable) and decisions of the Railway authority, thereon shall be final and binding on the Contractor; provided further that excepted matters shall stand specifically excluded from the purview of the Arbitration Clause. | 0.9 |
Memorandum of understanding | MoU | 1 |
Subcontractor breach the terms | breach of this condition shall entitle the Railway to rescind the contract under Clause 62 of these Conditions and also render the Contractor liable for payment to the Railway | 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 should be read alongside with the Regulations for tenders and contracts. | 1 |
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 |
The Railway shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent | Third party liability relationship is present in this contract. | 0.9 |
Contractor Credentials | his capacity to undertake and carry out works satisfactorily as vouched for by a responsible official or firm | 0.8 |
Security Deposit recovered from the running bills of a Contractor can be returned to him. | Breaching terms by subcontracting side. | 0.4 |
Does the contract contain a clause for acts of god? | Force majeure clause | 1 |
Cap for Liquidated damages | of liquidated damages under this condition shall not exceed 5% of the contract value | 1 |
charges shall be debited to the Contractor's account in the hands of the Railway | Third party liability relationship is present in this 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. | Special Conditions of contract should be read alongside with Standard General Conditions of Contract. | 1 |
Can the railways connect other contractors with the main contractor? | Separate Contracts in Connection with Works | 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? | The cost has to paid according to the Schedule of Rates proposed by the Railways | 0.1 |
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 |
Contractor is liable until maintenance certficate is issued | Completion of contractual perfrmance | 0.9 |
What is the deadline to submit the proposed project schedule? | in the form of Bar Chart/PERT/CPM | 0.9 |
Omissions and Descrepancies | notify the authority inviting tenders. | 0.9 |
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 |
Does the contract document contain a indemnification clause provision? | The partners of the firm to which the Letter of Acceptance (LOA) is issued, shall be jointly and severally liable to the Railway for execution of the contract | 0.1 |
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 |
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 |
Damage to Railway Property or Private Life and Property: | 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 |
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 |
What determines the completion of performance of the contract? | The Contractor by the Railway, the erection, maintenance and removal of all temporary works | 0 |
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 |
tenderer's rates should be sufficient to complete the work | Submission of tenders | 0.9 |
What are the prequalification criteria? | his knowledge from actual personal investigation | 0.8 |
Early completion bonus | Instructions: 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? | In case the Railway shall be called upon to make good any costs, loss or damages, or to pay any compensation | 0.9 |
First step in Dispute resolution | the Contractor to the "Chief Engineer" or "Divisional Railway Manager" through Notice of Dispute provided that no such notice shall be served later than 30 days after the date of issue of Completion Certificate by the Engineer | 1 |
Fulfilment of contractual obligations | Isssuance of Maintenance certificate | 0.9 |
Compensation for delays neither due to Railway nor contractor | No other compensation shall be payable for works so carried forward to the extended period of time; the same rates, terms and conditions of contract being applicable as if such extended period of time was originally provided in the original contract itself. | 1 |
breaching the contract conditions on subcontracting | Assignment or Subletting of Contract | 0.9 |
Amount for security deposit | The Security Deposit shall be 5% of the contract value. | 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? | 0.1 |
Submission of planning schedules like Bar chart, CPM, PERT | Schedule of Rates | 0.3 |
Variation in price | Materials supplied free of cost by Railway to the Contractors and any extra NS item(s) included in subsequent variation falling outside the purview of the Schedule of Items | 0.9 |
Duration for submitting the project schedule | shall as soon as possible but not later than 30 days | 0.9 |
Delay due to Railways | Extension for Delay due to Railways | 1 |
No claim of Contractor whatsoever on this account shall be entertained by the Railway and this shall be deemed as excepted matter | Impact of breaching terms from subcontracting side. | 0.9 |
Retention money | Earnest Money | 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 |
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 |
Third party insurance | The insuring Party shall insure against each Partys liability for any loss, damage, death or bodily injury which may occur to any physical property | 0.9 |
What is the deadline to submit the proposed project schedule? | Engineer's role in subcontracting issues. | 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. | Impact of breach of terms by subcontracting. | 0 |
Are audio notes considered legal? | All notices, communications, reference and complaints made by the Railway or the Engineer or the Engineer's Representative or the Contractor inter-se concerning the works shall be in writing or e-mail on registered e mail IDs and no notice, communication, reference or complaint not in writing or through e-mail, shall be recognized. | 1 |
Upper cap for liquidated damages | of liquidated damages under this condition shall not exceed 5% of the contract value | 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 |
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 |
The members of the entity shall also be liable jointly and severally for the loss, damages caused to the Railways during the course of execution of the contract or due to non-execution of the contract or part thereof. | Does the contract contain a 'third party liability relations' clause? | 0.2 |
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 |
Pandemic situation | Outbreak of Infectious Disease | 1 |
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 |
Return of earnest money | It shall be understood that the tender documents have been issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable | 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 |
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 is no need to read Special Conditions in this contract. | 0 |
Incentive for early completion | Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work. | 1 |