Design, Supply, Transportation, Erection at site, Commissioning

Verification of antecedents of the personnel :
Page 28 of 34
The contractor should engage the labour whose character and antecedents have been
verified before they are utilized to work in Railway in the event of any staff of the contractor
being found indulging in external activities, the contractor shall be liable for the same and
further if the Railway administration on inquiry comes to know that proper verification of the
antecedents was not carried out by the contractor in case of the labour employed by him, this
contract will be liable to be terminated forth with.
Acceptance of additional conditions proposed by the tenderer :
Any condition of the tender other than those stipulated in the documents are not
applicable even through they are included in the tender submitted by the party unless they are
specifically accepted by the Railway in writing while communicating the acceptance of the
tender. The successful tenderer should therefore ensure that the Railway before accepting the
offer should accept such conditions that are considered necessary by him. This acceptance
must be obtained in written format.
Variation of scope of work :
Changes in scope of work will be done after mutual consideration and agreement.
Changes in scope of work under normal circumstances shall not exceed 25% of a total value of
contract. Changes in excess of scope of work exceeding 25% of a total cost will be dealt
separately from this contract.
Modification of contract :
Sr. Divisional Mechanical Engineer (Diesel)/N.E. Railway, Gonda reserves the rights to
reject/accept the whole or part of the offer or for the portion of the quantity indicated in the
offer without assigning any reason there upon and the right to open the negotiation and to call
for the revised offer, or to alter or to modify and of conditions or to incorporate any new
conditions as found necessary till the contract is finally executed. All decisions and behalf of
the Railway administration will be taken up by Sr. Divisional Mechanical Engineer
(Diesel)/N.E. Railway, Gonda and shall be final and binding on the contractor.
Matter finally decided by the Railway ;
All dispute and differences of any kind what so ever arising out of or in connection
with the contract whether during the progress of the works or after the completion and whether
before or after determination of the contract shall be decided by the Sr. Divisional Mechanical
Engineer (Diesel)/N.E. Railway, Gonda.
The decision, direction & certificate with respect to any matters, the decision of which
is specifically provided of by these or other special condition, given and made by Sr.
Divisional Mechanical Engineer (Diesel)/N.E. Railway, Gonda be referred herein after as
“Excepted matter” and shall be final and binding upon the contractor and shall not be set aside
on any account of any informality or omission delay or error in proceeding in or about the
same or any other ground or for any other reason.
Arbitration :
Any dispute arising between the parties of contract shall be settled through arbitration
as per arbitration clause 62, 63 & 64 of the GCC 1999. The provision of GCC arbitration &
conciliation act 1996 shall be applicable.
Termination of the contract :
The Sr. Divisional Mechanical Engineer (Diesel)/N.E. Railway, Gonda or his
authorized representative reserves the right to terminate the contract at any stage without
assigning any reason whatsoever after serving one month’s notice to the contractor.