(Amendment issued vide Govt. of Chhattisgarh Public Works Departments, Raipur Order No.

F 21-5/T/19/12/Tender
New Raipur Dates 04.06.2016)
Annexure-G
SPECIAL CONDITIONS OF N.I.T.

(1) "Additional performance security (APS) shall be deposited by the successful bidder at the time of signing of
agreement when the bid amount is unbalance i.e less than the estimated cost by more than 10% To 20% , in such an
event the successful bidder will deposit the Additional performance security (APS) to the extent of difference of 90%
of the PAC and bid amount in the shape of bank guarantee, issued by approved scheduled bank, for agreement
period, in favour of the Executive Engineer before signing the agreement. If the bid amount is seriously unbalance
j.e. less than the estimated cost by more than 20% in such an event successful bidder will deposit the Additional
performance security (APS) to the extent of difference of 90% of the PAC and bid amount in the shapc of F.D.R.,
issued by approved scheduled bank, in favour of the Executive Engineer before signing the agreement. The Bank
Guarantee/F.D.R. shall be released/returned along with the normal S.D.after completion of work . If the contractor
fails to complete the work or left the work incomplete, this Additional Performance Security (APS), shall be forfeited
by the department, & the agreement shall be terminated and action shall be taken in accordance with clause 3 of the
agreement. In case the tenderer/contractor refused to deposit Additional performance security (APS) then his bid
will be rejected by the sanctioning authority and earnest money shall be forfeited."
(2) If the tenderer, whose tender has been accepted, and after signing the agreement, (i) does not start regular actual physical items
of work within 25% (twenty five percent) of the time allowed for completion, or abnormally slowdown the work or (iii)
abandons the work, or (iv) merely goes on applying for extension of time; the Executive Engineer shall serve a "show cause"
notice with details to the contractor in this regard and if the contractor does not reply, or if his reply is considered not
satisfactory (at the sole discretion of the Executive Engineer), his earnest money and the performance security money or the
Bank Guarantee in this regard shall be forfeited in favour of the Govt.If the contractor has committed a similar default on
earlier occasion (s) in previous three consecutive years the contractor shall be debarred from participating in any future tender
of any P.W.D. Division in the State of Chhattisgarh for a period of 2 (two) years from the date of such order, by the authority
which had registered him/her.
Such orders & action shall be final binding and conclusive
(3) Detailed programme of Construction:
(i) Within 15 days of issue of order to start work, the contractor shall submit in the prescribed proforma a detailed construction
programme month wise mentioning start and completion of each item/event involved in the due performance of the contract
For contract more than 10 Crores Contractor shall also submit detailed programme monthwise for
(a) Materials procurement
(b) Their transport arrangement to worksite with details of No. of truck/tippers
(c) Detailing of construction plants & equipments
(d) Cash flow/revised Cash flow
(ii) The contractor shall submit in the first week of each month a statement of “target vis-à-vis actual performance” of each
item/event with slippage, if any; mentioning reasons of slippage and proposal for revised construction programme to complete
the same in targeted date or validly extended date. Failure to submit this monthly statement for 4(four) months can be treated
as “fundamental Breach of Contract” and can result in invoking clause 3 of the conditions of contract.

(4). Performance Guarantee:

(i) The contractor shall also be responsible for performance of work carried out by him for a period of 36 (Thirty six)
month beyond the completion of work for which performance security has to be furnished by him @ 5%(five percent)of
amount of contract. For this purpose contractor has to submit to the department a Bank Guarantee of 5% amount of the value
of work done on every running and final bill payable to him. If contractor fails to submit bank guarantee of 5% amount of the
gross bill, then 5% amount of bill shall be deducted from his running and final bill payment. However, the contractor can get
refund of such performance cash security amount deducted if he submits appropriate bank guarantee valid for the period as
stated above or 36 (thirty six) month after actual completion.
If require, the Executive Engineer shall ask the contractor to extend the validity period of the Bank Guarantee(s) for such
period which he considers it proper and the contractor shall extend the validity period of such Bank Guarantee accordingly. If
the contractor fails to extend the period accordingly, the Executive Engineer shall encash the B.G. before the expiry of the
validity period.
(ii) The contractor shall have to carry out all necessary "Rectification" of defects noticed, caused due to any reasons at his own
cost within 07(Seven) days communication notice from the Executive Engineer/Sub Divisional Officers to him.
(iii) Failure of the contractor to rectify the defects properly in the given period, it shall be open for the Executive Engineer/Sub
Divisional Officer to get the defect(s) rectified either departmentally or through other agency (without calling any tender
/quotation) and recover the actual cost plus 15 % (fifteen percent) of such cost from the contactor from any sum, in any form,
and available with the department or can be recovered as "Arrears of Land Revenue"
(iv) After two years of completion of construction, 50% (fifty percent) of available performance Bank guarantee shall be returned
to the contractor subject to the satisfaction of the Executive Engineer.
(v) Remaining performance Bank Guarantee as would be remaining (after recovery all cost plus 15% (Fifteen percent) for rectification of
defects, if done by the department or through other agency) shall be returned after 3 years of completion. The performance guarantee
will be in addition to the normal security to be deducted as per clause 1 of agreement for the execution of contract.

(5) The tenderer/contractor shall give in advance authority letter(s) in favour of the Executive Engineer, authorising him to get all
Bank’s Fixed Deposit receipts, Bank Guarantees (either normal security deposit and or for performance security) to get these
 Bank Receipts and Guarantee deeds verified and got confirmed from the concerned Bank. It will be only after getting such
confirmation that the Executive Engineer shall pay any amount accordingly or refund the equal amount for which BG
submitted has been duly verified and confirmed.
(6) The contractor shall not remove minor mineral from borrow areas, quarries without prior payment of Royalty charges.
7) For Bituminous Road Works
(a) Bitumen of required penetration grade or emulsion shall be procured by the contractor directly from any or all of the Govt. Oil
Company viz. Indian Oil Company (IOCL), Hindustan Petroleum(HPCL) and Bharat Petroleum Company (BPCL).
(b) It shall be obligatory on the contractor to submit within one week of receipt of Bitumen,original first copy of Bitumen
invoice(s) (meant for the Buyer/Customer) (not other copies meant for Storage, Transporter etc. etc.) to the concerned Division
or Divisions and get the invoice duly stamped and see that suitable entry is recorded by the Division of its use with grade,
quantity proposed to be used in particular contract agreements (s)/Division. On the original invoice the contractor shall have to
write “...... MT quantity or Bitumen of this invoices is proposed to be used in agreement No. ..............................
of .................... of ..................... Division and ............... quantity in agreement No. ............................ of ................ of this or
(other named) division in that divisions agreement No. ................ of ......................... and sign the same. Contractor(s) shall
also furnish a certificate that "This is to certify that I/We have submitted the original and true bill(s) & I am responsible for its
veracity"
The sub divisional officer there after shall countersign the same and submit the invoice(s) to the Executive Engineer who shall
cause the same to be photocopied and return the photocopy duly certified to the contractor. All originals invoices shall be
retained by the Executive Engineer till the payments final bill. There after the contractor shall return the attested photocopies
of all invoices and take back the original invoices of Bitumen.
(c) The contractor shall have to install hot mix plant as per clause 504.3.4 of MORTH specification 15 days before starting of bituminous
work nearer to the site of work, so as to maintain the temperature of hot mixed materials at work site as per MORTH norms. In case of
failure in installing the hot mix plant, it shall be treated as breach of contract and penalty shall be imposed under agreement clause 38.
(d) For probable amount of contract upto Rs.five crore, Contractor shall submit the certificate of availability with him (owned or
leased or higher or by procurement against mobilization advances) regarding computeraized hot mix plant. Sensor
Paver/mechanical paver, Vibratory roller, {for 50mm or more thickness of B.M./D.B.M. (with M.S.S./S.D.B.C. & B.C. } and
other plants and machineries duly certified by Executive Engineer or Equivalent Officer(Certificate shall not be older than 24
months) along with the EMD envelope, other wise tender will be disqualified while opening.
For probable amount of contract more than Rs. Five crore, the conditions of pre-qualification document shall be followed.
(e) Test for binder content
It will be mandatory and binding to the contractor to get checked every alternate load/lot of mix material at hot mix plant site
in the presence of department's authorized personnel.
(f) Bituminous work after sunset shall be allowed only with the specific written permission of the Engineer-in-Charge who shall
then be fully responsible for the strict quality control of the work.
(8) Incentive bonus clause 5.3 of appendix 2.13, appendix 2.14 and the clause 4(performance gaurantee) of (Annexure G) special
condition of NIT are not applicable for ordinary repairs, supply of materials, survey and envestigation of road/bridge/ building
works.
(9) The contractor has to fix reflecting information board, size 120 cms X 90 cms. One at starting point of the road and another
from end point of the road describing the details of work as instructed by E. E. at his costs.
(10) Cess @ 1% (One Percent) shall be deducted at source, from every bill of contractor by the Executive Engineer under"Building
and other construction for Workers Welfare, Cess Act 1996".
(11) It is mandatory for the construction(s) to get himself/themselves registered with"C.G. Building and other construction Welfare
Board"as soon as the work order is issued to him/them for the work amounting to Rs.10.00 (Ten) lakhs and above and submit a
copy of the same to the concern Executive Engineer, otherwise no payment will be made under the contract.
(12) Contractors are advised to go through the Notice Inviting tenders & the tender/PQ document thoroughly. Certificates,
annexures, enclosures as mentioned in the document will have to be submitted by the tenders strictly in the prescribed format,
at the time of submission of Technical/Financial bid, failing which the contractor shall disqualify for the work & his financial
offer shall not be opened and no representation, appeal or objection, what so ever in this regard shall be entertained by the
department.

(13) It is mandatory to submit online by the contractor the list of on-going works/works in hand. If any work is found delayed
beyond one year from the stipulated date of completion due to contractor's fault, the contractor will be disqualified for the
reason of poor performance.

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(15) In case of conflict between “General condition of contract and the special condition” the terms of special conditions shall
prevail.
 (Amendment issued vide Deputy Secretary Govt. of Chhattisgarh Public Works Departments, Raipur Memo. NO. F
21-5/T/19/2012/Tender Dates 27.09.2016

(19) It is Mandatory for the C & D Class Bidders, to Submit online the list of ongoing works/works in hand in the annexure A
(enclosed). If the total value of ongoing works/work in hand is more than 2.5 times the capacity as specified for C and D class
bidders. The bidder will be disqualified.

ANNEXURE – A

Existing commitments and on going classes of civil engineering construction works, by the prime contractor in the same name and style

Probable Anticipat
value of
value of ed
work
works months Value of
Stipulated Anticipated done up
Name & Value of stipulated remaining to required claims or
Project Description Contract Date of issue period of date of to date of
S.No. Address of contract date of be for dispute if
Name work No. & Year of work order completion completion issue of
the employer (Rs. lakhs) completion completed completi any,
in months ** NIT (Rs.
(Rs. in on of pending
Lakhs)
lakhs) balance
**
** works

1 2 3 4 5 6 7 8 9 10 11 12 13 14

(i) ** Enclose certificates from Engineer(s) in charge (Not below the rank of Executive Engineer or equivalent for value of work remaining to be completed, value of work done, anticipated
Note :- date of completion.
(ii) Tenderer may attach certified copies of work order issued by engineer in charge not below the rang ok Executive Engineer.
(i) Applicable for “C” & “D” class registered Contractors only.