Credential of work done
Perumal Prabhu
(Querist) 18 June 2010
This query is : Resolved
Sir/Mam
A contractor has done work with our department under sub-contract agreement by obtaining due permission from competent authority. Now the contractor is submitting his work which is done on sub-contract basis as credential for a new tender. The relevant clause of our contract condition is furnished under:
Assignment of Subletting of Contract:
The contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein any manner whatsoever without the special permission in writing of the Railways. Any breach of this condition shall entitle the Railways to rescind the contract under clause 62 of these conditions and also render the contractor liable for payment to the Railway in respect of any loss or damage arising or ensuing from such cancellation. Provided 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 subletting under this clause. The permitted subletting of work by the contractor shall not establish any contractual relationship between the sub-contractor and the Railway and shall not relive the contractor of any responsibility under the contract.
Under this circumstance please suggest me whether to accept the credential submitted by the Sub-contractor or not
Guest
(Expert) 20 June 2010
Since he has obtained due permission, such credential is acceptable.