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Subject : Pre-bid clarification on queries received from Industry Participants of TPWS: Date-30.06.2011
TENDER NO. WR/S&T/HQ/2010-11/05 Virar (at Km 60)-Vadodara (at Km 397) section
Sr. No. Cl. No. Firm T
Original Text Clarification needed Clarification of Western Railway
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The contractor shall not be entitled to ask for
reference to arbitration, before the completion of the
work assigned to him / them under this contract. The
contractor/s shall seek reference to arbitration to
settle disputes only once within the ambit of above
condition.
If any dispute arises between the parties with
respect to this agreement any application or suite
shall be instituted only in the court with local unit of
whose jurisdiction the Western Railway HQ office is
situated and both the parties shall be bound by this
clause.
Relevant provisions of GCC in this regard as under:
GCC Clause 63 :Matters finally determined by the
Railway:-All disputes and differences of any kind
whatsoever arising out of or in connection with the
contract, whether during the progress of the work or
after its completion and whether before or after the
determination of the contract shall be referred by the
Contractor to the Railway and the Railway shall
within 120 days after receipt of the Contractor's
representation make and notify decisions on all
matters referred to by the contractor in writing
provided that matters for which provisions has been
made in Clause 8, 18, 22(5), 39, 43(2), 45(a), 55,
55-A(5), 57, 57-A, 61(1), 61(2) and 62(i) to (xiii)(B)
of the General Conditions of Contract or in any
clause of the Special Conditions of Contract shall
be deemed as “excepted matters” and the 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 and not be
referred to Arbitration.
GCC Clause 64:
Pre Bid Queries for TPWS 38