Government of India

SOUTH CENTRAL RAILWAY HYDERABAD DIVISION

TENDER DOCUMENT

TENDER NOTICE NO:- Y/C/256/Comml. Pub/Tenders/OOH-RDN/2019-20, Dated: 23/09/2019.

NAME OF WORK :-

Tender for Display of Advertisements at earmarked areas at

1. Closed Circuit Television (CCTV): Installation of CCTVs inside the Stations and

its Operation and Maintenance.

2. Head Quarters area: Hoardings with Flexi Boards / Glow Sign Boards / Uni-

Poles / Uni-Structures / Tri-Vision Boards; through Wall Paintings and through

Digital Display with LED / LCD screens.

COST OF TENDER DOCUMENT(including GST and Non refundable):

1. Rupees Two Thousand and Eight Hundred only (Rs. 2,800/-) for Tenders with

Tender value less than Rs. 50 Lakhs.

2. Rupees Five Thousand and Six Hundred only (Rs. 5,600/-) for Tenders with

Tender value of Rs. 50 Lakhs and more than Rs. 50 Lakhs.

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DISCLAIMER

1. Hyderabad Division, South Central Railway (herein after mentioned as “Railway”) does not make

any representation or warranty as to the accuracy, reliability or completeness of the information in

this Bid Document. Therefore, each Bidder should conduct their own investigations and analysis

and check the accuracy, reliability and completeness of the information in this Bid Document and

obtain independent advice from appropriate sources. The Bidder shall bear all his costs associated

with the preparation and submission of its Bid including expenses associated with any

clarifications which may be required by Railway or any other costs incurred in connection with or

relating to its Bid. All such costs and expenses will remain with the Bidder and Railway shall not

be liable in any manner.

2. Railway will have NO liability to any Bidder or any other person under the law of contract, tort, the

principles of restitution or unjust enrichment or under any law for the time being in force

otherwise for any loss, expense or damage which may arise from or be incurred or suffered in

connection with anything contained in this Bid Document, any matter deemed to form part of this

Bid Document, the award of the License, the information and any other information supplied by or

on behalf of Railway or otherwise arising in any way from the selection process of the License.

3. The issue of this Document does not imply that Railway is bound to select the Bidder or to appoint

the Selected Bidder. Railway reserves the right to reject any or all of the Bids submitted in

response to this Bid Document at any stage without assigning any reasons whatsoever. Railway

also reserves the right to withhold or withdraw the process at any stage with intimation to all

Bidders who have submitted the Bid.

4. Railway reserves the right to change/modify/amend any or all of the provisions of this Bid

Document at any stage. Such changes shall be notified to all bidders who have bought the tender

document.

Each Bid document must be accompanied with self-attested

photo copies of documents which are required to be

enclosed to this bid document

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SCHEDULE OF BIDDING PROCESS

S. No ACTIVITY DATE

1 Notice Inviting Tender for Award of Display of Advertisements at

Railway Stations over Hyderabad Division. 23/09/2019

2 Date of Publishing the Notice Inviting Tender in Newspaper. 25/09/2019

3 Date of Publishing the Notice Inviting Tender and Tender Document

in website www.scr.indianrailways.gov.in 23/09/2019

4 Last Date of Sale of Tender Forms is upto 13.00 hrs on 24/10/2019

5

Date of Submission of Tender Forms – From 10.00 hrs to 17.00 hrs

from

22/10/2019

to

24/10/019

Date of Submission of Tender Forms – From 10.00 hrs to 11.00 hrs

on 25/10/2019

6 Closing of Tender Box is at 11.00 hrs on 25/10/2019

7 Opening of Tender Box is at 11.15 hrs on 25/10/2019

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Notice Inviting Tender

Tender Notice Number: Y/C/256/Comml. Pub/Tenders/OOH-RDN/2019-20, Dated: 23/09/2019.

1. Senior Divisional Commercial Manager, Hyderabad Division, South Central Railway, for and on

behalf of President of India, invites sealed Tenders through Single Packet from advertising agencies

and interested parties, in the prescribed form for “Display of Advertisements at earmarked

locations at Head Quarters area and through CCTVs at Railway Stations over Hyderabad

Division”.

2. Scope of Work:

2.1 Display of Advertisements through Closed Circuit Televisions (CCTVs) at inside the Railway

Stations.

Display of Advertisements at earmarked areas in the Head Quarter area viz., South Lalaguda

area, North Lalaguda area, Hoarding in Officers Rest House at Sangeeth Junction and Uni

Pole at Hyderabad Bhavan out gate.

2.2 The Media through which the advertisements can be displayed at Head Quarters area are

Hoardings with Flexi Boards, Uni-Poles / Uni-Structures, Glow sign boards, Wall paintings,

Digital video walls, Digital boards, Tri Vision boards, Digital Display with LED / LCD screens

and any other media found feasible.

The Media through which the advertisements can be displayed at inside the Stations are

Hoardings / Boards, Glow sign boards, Wall paintings, Digital video walls, Digital boards

(LED / LCD / Plasma), Tri Vision boards and any other media found feasible.

3. Sale of Tender Forms:

3.1 The interested Bidders may also purchase the prescribed Tender Form in person by submitting

original Money Receipt issued towards cost of tender form (non-refundable) by Cash Office of

Hyderabad division from the Railway office at the address mentioned in Para No.14 below

between 10.00 hrs and 13.00 hrs on all working days from 25/09/2019 to 24/10/2019.

3.2 Tender Forms can also be downloaded online from the website

http://www.scr.indianrailways.gov.in. The Bid must be accompanied by Cost of Tender

Document in the form of Demand Draft / Banker‟s cheque drawn in favour of „Senior

Divisional Finance Manager, Hyderabad Division, South Central Railway drawn on any

Scheduled Commercial Bank in India failing which the offer will be summarily rejected duly

forfeiting the Earnest Money Deposit. The Tender Document will be issued to the Tenderer

immediately without waiting for encashment of Demand Draft / Banker‟s Cheque.

4. Cost of Tender Form is inclusive of GST and it is non-refundable.

5. Cost of Tender Form in any other Mode will not be accepted.

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6. Earnest Money Deposit: The bid must be accompanied by Earnest Money Deposit (EMD) of 02%

of the tender value (tender value will be the total of five years Reserve Price. Where the 4th year

Reserve Price will be 10% more than 3rd year Reserve Price and 5th year Reserve Price will be 10%

more than 4th year Reserve Price) in the form of Bank Demand Draft / Banker‟s cheque drawn in

favour of „Senior Divisional Finance Manager, Hyderabad Division, South Central Railway drawn

on any Scheduled Commercial Bank in India or Money Receipt issued by Cash Office of Hyderabad

Division, failing which the offer will be summarily rejected.

7. Submission of Tender Forms: Sealed Tender forms should be dropped in the designated Tender

box at the address given below between 10.00 hrs to 17:00 hrs of 22/10/2019 to 24/10/2019 and

between 10.00 hrs to 11.00 hrs on 25/10/2019.

Address: Tender Hall, DRM/HYB‟s Compound, Old RPF Office, adjacent to Hyderabad Bhavan,

Secunderabad

8. CLOSING OF TENDER BOX:

Tender Box will be closed sharply at 11.00 hrs on 25/10/2019.

9. OPENING OF TENDER BOX AND BIDS:

Bids shall be opened on the same day at 11:15 hrs on 25/10/2019 in presence of the bidder or his

/ her / their representative who chooses to attend the tender opening. For allowing the

representative during tender opening, an authority letter of the bidder has to be given to Railways.

The onus of dropping the bid in the box well in time lies with the bidder.

10. Late Bids: Bids received after 11:00 hrs will be called “late” bid and will not be considered further

for evaluation.

11. In the event the Bid opening date happens to be a holiday for the working of bid inviting office due to any unforeseen reason, the next working day of the office automatically become the bid opening

date.

12. Each page of the tender document and supporting documents (enclosures) should be signed in full by the Bidder.

13. Railway reserves the right to accept/reject any or all Bids without assigning any reason thereof.

14. Address for Communication with Railways:

Senior Divisional Commercial Manager,

Hyderabad Division,

South Central Railway, Secunderabad – 500025,

Telangana State, India.

Telephone No : 040 – 27785188

040 - 27820296

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INSTRUCTIONS TO BIDDERS REGARDING TENDER FORMS DOWNLOADED FROM INTERNET

1. Tender document can be downloaded from the internet and printout can be taken on A/4 size

paper and details can be entered by the bidder as required in the document. It is advisable that

the downloaded tender document be printed through laser printer.

2. The tender document (in full) downloaded, along with the various documents required to be

attached as per the tender conditions, should be put in a sealed cover duly superscribing with the

name of the work, tender notice number and date. Duly filled up tender document should be

dropped in the tender box kept in the office specified in the tender document on or before the date

and time stipulated in the tender document.

3. In case the Tender form is downloaded from the website, then the cost of tender document will

have to be deposited by the bidder along with the tender in the form of Bank Demand Draft /

Banker‟s cheque, payable in favour of „Senior Divisional Finance Manager, Hyderabad Division,

South Central Railway‟.

4. The Demand Draft / Banker‟s Cheque towards the Tender Cost should be a separate Demand

Draft/Banker‟s Cheque and should not be clubbed with the Demand Draft / Banker‟s Cheque of

EMD amount. A single demand draft for the cost of tender form and Earnest Money Deposit will

not be accepted. Tenders not accompanied with the Demand Draft / Banker‟s Cheque towards the

cost of tender form will be summarily rejected, duly forfeiting the Earnest Money Deposit.

5. The earnest money deposit required for this work as stipulated in the tender document should be a

separate Demand Draft/Banker‟s Cheque, etc.

6. Bidders are advised to download tender documents well in advance and submit the tender before

the stipulated time. It is the responsibility of the Bidder to check any correction or corrigendum or

any modifications that may be published subsequently in the website, and the same shall be taken

into account while submitting the tender.

7. Bidder shall download corrigendum/s and addendum/s (if any), print it out, sign and attach it

with the main tender document. However, corrigendum/s or addendum/s will not be issued in the

Ten (10) days prior to the date of opening of tender. Tender document not accompanied by

published corrigendum/s and addendum/s will be liable to be rejected.

8. The Railway will not be responsible for any delay in downloading of tender document from the

internet.

9. The bidder may please note that the rate to be quoted in the Price Bid should be written in both

figures and in words. In case differences are noticed in the figures and words quoted by the

Bidder in the offer, the amount quoted in words will be taken into account.

10. Bidder should not use red and/or green ink in the tender form. Offers using red and/or green ink

will be summarily rejected. Each page of tender document should be signed in full by the bidder.

11. Bidder/s are free to download tender document at their own risk and cost for the purpose of

perusal as well as for using the same as tender document for submitting the offer.

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12. Master copy of the tender document including corrigendum/s and addendum/s issued if any, is

available in the office of the Senior Divisional Commercial Manager, Hyderabad Division, South

Central Railway, inviting tender. After award of work, an agreement will be prepared based on the

master copy of tender document available in the above mentioned office.

13. In case of any discrepancy between the tender document downloaded from the internet and the

master copy including corrigendum/s and addendum/s issued if any, the latter shall prevail and

will be binding on the bidder(s). No claim on this account will be entertained.

14. If any change / addition / deletion is made by the Bidder / Licensee in the tender document /

Contract agreement and the same is detected at any stage even after the award of the tender, full

earnest money deposit / balance license fee and security deposit will be forfeited and the contract

will be terminated. Further, the bidder will be disqualified from participating in any tenders on

South Central Railway for a period of Three (03) years. Senior Divisional Commercial Manager can

also take action, at his discretion, to terminate other contracts under operation by the Bidder /

Licensee in the division and confiscate the Security Deposit and License Fee of those contracts.

15. The following declaration should be given by the bidder while submitting the tender:

Declaration

a. I/We have downloaded the tender form from the internet website_______________ and I/We

have not tampered/modified the tender forms in any manner. In case, if the same is found

to be tampered/modified, I/We understand that my/our tender will be summarily rejected

and full earnest money deposit will be forfeited and I/We am/are liable to be debarred from

participating in any tenders on South Central Railway for a period of Three (03) years.

Senior Divisional Commercial Manager can also take action, at his discretion, to terminate

other contracts under operation by me/us in the division and confiscate the Security

Deposit and License Fee of those contracts.

b. I/We are submitting Demand Draft / Banker‟s Cheque vide No.______ dated ________ issued

by ____________(Bank), ________ (Branch) for Rs. _____________ in favour of Senior

Divisional Finance Manager ______Division South Central Railway, (or) Money Receipt

No._________ issued by _____________Railway Cash Office, towards the cost of tender form.

c. I/We are submitting Demand Draft / Banker‟s Cheque vide No._________ dated ________

issued by _________________ (Bank), _________ (Branch) for Rs.______________ in favour of

Senior Divisional Finance Manager, _________Division South Central Railway, (or) Money

Receipt No.______ issued by ______Railway Cash Office towards the Earnest Money Deposit.

Signature of Bidder:

Date :

Address :_____________

_____________

_____________

Mobile Number :

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CHAPTER – I

1. SCOPE OF THE WORK : 1.1 Tender is for award of Sole Advertising rights under one Licensee for display of

Advertisements in the following premises of Head Quarters area:

S. No. Location Media

1

Uni Pole at Hyderabad Bhavan Out Gate

and Hoarding in Officers Rest House at Sangeeth Junction, Secunderabad

Hoardings and Uni-Poles / Uni-

Structures

1.2 Tender is for award of Sole Advertising rights under one Licensee for display of Advertisements

at earmarked areas Inside the Station Building through CCTV:

S. No

Locations Media Advertisements to be

displayed through

1 On the Station Platforms CCTVs (both Audio & Video) CCTVs (both Audio & Video)

N.B. - Advertisements will not be permitted on Passenger Information Boards (Train Indication Boards,

Coach Indication Boards, Trains at a Glance boards, etc.) provided by Railways inside the

Station Building.

1.3 The Licensee shall carry out advertising operations based on relevant laws, provided there is no

interference with the operation of Railways, the advertisement do not affect the safety of

Passengers and Train operations and do not deface or detract from the aesthetics or look of the

façade of any Heritage or Buildings.

2. TENURE OF LICENSE:

The tenure of this License shall be for a period of five (5) years only from the date of

commencement of the License. There will be no extension of the License period under any

circumstances.

3. ELIGIBILITY CRITERIA: 3.1. If the Bidder is an individual, he should be an Indian National. If the bidder is a company or

a partnership firm, then it should have been incorporated/ registered in India.

3.2. The Bidder should have minimum Two (02) years experience in advertising field during the

past 10 years from the date of issue of Tender Notification. In support of this, the bidder

should submit an experience / work completion certificate issued by Railways or Central /

State Government departments or PSUs or Municipal Authorities or State Road Transport

Corporations or Airports. This certificate should have been issued by an officer of a rank of

Sr. Manager or above or at least by a Gazetted Officer in that organization.

3.3. In any one of the financial years out of the Three (03) preceding financial years, the licensee

should have achieved a turnover from advertising business which is equal to or more than

the First (1st) year Reserve Price in this Tender Notification. In support of this, the bidder

should submit the Audited Balance Sheet and Profit & Loss account of the preceding Three

(03) financial years, duly certified by Chartered Accountant for all the 03 years.

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3.4. The preceding Three financial years will be calculated as follows.

3.4.1. If the date of tender notification falls between 1st April to 30th September, then the

preceding three (3) financial years will be counted excluding immediate preceding

financial year.

3.4.2. If the date of tender notification falls between 1st October to 31st March of a financial

year, then the preceding three (3) financial years will be counted including the

immediate preceding financial year also.

3.4.3. To illustrate, let us say the date of tender notification is 10/04/2019, then the

preceding three (3) financial years for the purpose of this clause will be

2015-16, 2016-17, 2017-18

On the other hand, if the date of tender notification is say 01/10/2019, then the

preceding three (3) financial years will be

2016-17, 2017-18, 2018-19

4. LIST OF DOCUMENTS TO BE ENCLOSED BY THE BIDDER(S):

The Bid shall contain the following documents. Otherwise Bid will be summarily rejected:

4.1. Declaration by Bidder(s) who has downloaded the Tender forms from internet.

4.2. Bid in the prescribed format along with all enclosed Annexures.

4.3. Legal Status of the bidder - The bidder, if he is an individual or sole proprietor, shall

furnish self-attested copy of Government approved Identity Proof, such as AADHAAR CARD,

PAN card, Passport etc. In case the bidder is a Company, the bidder has to submit

Memorandum of Articles of Association. If the bidder is a partnership firm, then a copy of

Partnership Deed should be submitted.

4.4. Experience–Bidder should have minimum of Two (02) years experience in any advertising

field with supporting documents as detailed in Para 3.2 of this chapter.

4.5. Financial Status of the Bidder- In any one of the Financial Years out of the preceding

Three (03) financial years, the bidder should have achieved a turnover from Advertising

Business equal (or) more than the first year reserve price in this tender. In support of this,

the bidder should submit the Audited Balance Sheets and Profit & Loss Account of the

preceding Three (03) Financial Years duly signed by Chartered Accountant for all the 03

years. These documents should be enclosed as detailed in para no.3.4 of this chapter.

4.6. Address proof - Self-attested copies of proof of Address in the Identity Cards issued by

Central / State Governments.

4.7. Tenders by Firms shall be in the Firm‟s name and signed by the person authorised on their

behalf. In case of Partnership firm, the name of all the partners with their full postal address

should be furnished with the tender and if the firm is registered under the Indian

Partnership Act of 1931, the registration number of the firm should also be given. The

partner who is signing the tender form should hold power of attorney (format is given at

Annexure-I) in his favour to act for and on behalf of the partnership firm. In case of joint

Hindu Family (Hindu Undivided Family), the tender must be signed by Kartha or authorised

person.

4.8. If the bidder is a proprietary firm, the bidder should submit an undertaking that “he is the

sole proprietor of the Firm”. In this case, Annexure-I is not necessary.

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4.9. NOTARIZED AFFIDAVIT ON A NON-JUDICIAL STAMP PAPER FOR THE VERACITY OF

DOCUMENTS:

4.9.1. The bidder shall submit a notarized affidavit on a non-judicial stamp paper of

Rs.100/- stating that all their statements / documents submitted along with bid

are true and factual, and if it is found false at any point of time, they will be liable

to be disqualified/ terminated from the tender/license.

4.9.2. Standard format of the affidavit by the Bidder is enclosed as Annexure-II. Non

submission of this affidavit by the bidder shall result in summary rejection

of his / their bid.

4.10. Banker‟s Cheque / Demand draft as notified in the tender document as Cost of Tender

Document drawn in favour of Senior Divisional Finance Manager, Hyderabad Division,

South Central Railway.

4.11. Banker‟s Cheque / Demand draft as notified in the tender document as Earnest Money

Deposit drawn in favour of Senior Divisional Finance Manager, Hyderabad Division, South

Central Railway or Money Receipt issued by the Cash Office of Hyderabad Division, South

Central Railway.

4.12. The Demand Draft / Banker‟s Cheque towards cost of tender form should not be clubbed

with EMD amount.

4.13. Mandate form for National Electronic Fund Transfer / Electronic Clearing Service (Credit

Clearing) is given in Annexure-IV.

5. A single Demand Draft / Banker‟s cheque for the cost of tender form and Earnest Money

Deposit will not be accepted. Separate Demand Drafts / Banker‟s cheques are to be drawn towards

Cost of the tender Document and Earnest Money Deposit.

6. Tenders not accompanied with the demand drafts/Banker‟s Cheques towards the cost of the

tender document and Earnest Money Deposit will be summarily rejected.

<<End of Chapter-I>>

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CHAPTER - II

COST OF TENDER DOCUMENT, EARNEST MONEY DEPOSIT, SECURITY DEPOSIT, LICENSE FEE,

TAXES AND OTHER UTILITY CHARGES

1. COST OF TENDER DOCUMENT:

1.1. The interested bidders may obtain prescribed tender forms in person, by submitting original

money receipt issued towards cost of tender form (non refundable) by Cash Office of

Hyderabad Division, from the Railway office at the address given below between 10.00 hrs to

13.00 hrs on all working days from 25/09/2019 to 24/10/2019.

Address: O/o Senior Divisional Commercial Manager, Hyderabad Division, South Central

Railway, Secunderabad – 500025.

1.2. Tender Forms can also be downloaded online from the website

http://www.scr.indianrailways.gov.in. The Bid must be accompanied by Cost of Tender

Document in the form of Demand Draft/Banker‟s cheque drawn in favour of Senior

Divisional Finance Manager, Hyderabad Division, South Central Railway drawn on any

Scheduled Commercial Bank in India, failing which, the offer will be summarily rejected duly

forfeiting the Earnest Money Deposit.

1.3. Cost of Tender Form (including GST) is given below:

1.3.1 Rs. 2,800/- for tenders with tender value less than Rs. 50 lakhs.

1.3.2 Rs. 5,600/- for tenders with tender value of Rs. 50 lakhs and more than Rs. 50 lakhs.

1.4. Cost of Tender Form in any other mode will not be accepted.

2. EARNEST MONEY DEPOSIT(EMD):

2.1. The Bid shall be summarily rejected, if it is not accompanied by the Earnest Money Deposit.

Bidder should note that EMD will not be accepted in the form of cash or bank guarantee.

2.2. The bid must be accompanied by Earnest Money Deposit (EMD) equal to 2% of the tender

value (tender value will be the total of five years Estimate Value. The 4th year Estimate Value

will be 10% more than 3rd year Estimate Value and 5th year Reserve Price will be 10% more than

4th year Estimate Value) in the form of Demand Draft/Banker‟s cheque drawn in favour of

„Senior Divisional Finance Manager, Hyderabad Division, South Central Railway and drawn

on any Scheduled Commercial Bank in India or Money Receipt issued by Cash Office of

Hyderabad Division, failing which, the offer will be summarily rejected.

2.3. Cost of Earnest Money Deposit in any other mode will not be accepted.

2.4. The validity period of the demand draft / banker‟s cheque submitted towards EMD, shall not

be less than 90 days, and may be extended as mutually agreed between the Railway and the

Bidder from time to time, failing which, the offer after the expiry of aforesaid period, shall not

be considered by the railways.

2.5. The Earnest Money of unsuccessful Bidder(s) shall be returned, without any interest, except in

cases where the bidder is a defaulter for payment of dues towards any other contract(s)

already awarded by commercial department over South Central Railway. In such cases, the

Rly Administration reserves the right to withhold the EMD of such unsuccessful Bidder(s) and

the EMD will be refunded only on clearance of dues or will be adjusted towards such dues.

2.6. Earnest Money of the selected bidder shall be retained with Railways till the Licensee pays the

Security Deposit and first six months license fee. Earnest Money Deposit may be permitted to

be adjusted towards the Security Deposit to be paid by the Licensee.

2.7. Any reference to the previous deposit of earnest money deposit and security deposit for

adjustment against the present tender will not be accepted. Similarly, request for recovery

from any earlier security deposit against present tender‟s EMD will not be entertained.

2.8. REFUND OF EARNEST MONEY DEPOSIT:

EMD of all unsuccessful bidders will be returned within reasonable time after the finalization of

the tender. Further, if the validity of the Bid is not extended by the bidder beyond 90 days, the

EMD of such bidders will be refunded. No interest is payable by Railways on the EMD amount.

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2.9. FORFEITURE OF EARNEST MONEY DEPOSIT:

The EMD is liable to be forfeited, if the tenderer withdraws or amends or derogates from the

tender within the period of validity of his offer or after the issue of Letter of Awarding.

3. SECURITY DEPOSIT:

3.1. Licensee should submit 50% of Fifth Year License Fee towards Security Deposit (i.e. Six

Months License Fee of 5th Year).

3.2. Security Deposit is to be submitted by way of irrevocable Bank Guarantee / Demand Draft

issued by a Nationalized Bank / Scheduled Bank drawn in the name of Sr. Divisional Finance

Manager, Hyderabad Division, South Central Railway.

3.3. The validity period of Bank Guarantee should be Six months more than the total contract

period, i.e., it should be Sixty Six (66) months.

3.4. Security Deposit shall be paid within Twenty (20) days from the date of acknowledgement of

Letter of Award (LoA) by the Licensee. If the successful bidder fails to pay the security deposit

within 20 days from the date of acknowledgement of LoA, the LoA will be treated as cancelled

and the contract will be terminated without giving any notice of termination. Further, Earnest

Money Deposit will be forfeited and the tenderer will be disqualified from participating in any

tenders on South Central Railway for a period of Three (03) years. Senior Divisional

Commercial Manager can also take action, at his discretion, to terminate other contracts

under operation by the tenderer in the division and confiscate the Security Deposit and

License Fee of those contracts.

3.5. Railway Administration shall have the right to adjust this Security Deposit in part / full for

any payment due to the Railways for the existing or any other contract of the licensee.

4. FORFEITURE OF SECURITY DEPOSIT:

4.1. The Security Deposit will be forfeited for breach of agreement conditions.

4.2. If the licensee rescinds the contract, runs away or abandons the contract in midway before the

Third Year, the Security Deposit will be forfeited.

4.3. At any time, if it is found that a material misinterpretation has been made by the Licensee, the

Security Deposit will be forfeited.

5. REFUND OF SECURITY DEPOSIT:

The Security Deposit will be refunded on satisfactory completion of the contract period and after

all the railway dues are cleared and advertisement materials are removed from Railway

premises within seven (7) days from the date of expiry of contract.

6. PAYMENT OF LICENSE FEE:

6.1. The Annual License Fee shall be paid on Yearly / Half yearly basis as desired by the

Contractor. Payment of license fee in Monthly / Quarterly installments is not permitted.

6.2. First six months license fee of first year shall be paid within Twenty (20) days from the date

of acknowledgement of LoA by the Licensee.

6.3. Any delay in payment of first six months license fee beyond the stipulated period of Twenty

(20) days will result in cancellation of LoA, forfeiture of EMD and termination of contract.

Further, the tenderer will be disqualified from participating in any tenders on South

Central Railway for a period of 03 years. Senior Divisional Commercial Manager can also

take action, at his discretion to terminate other contracts under operation by the tenderer

in the division and confiscate the Security Deposit and License Fee of those contracts.

7. PAYMENT OF LICENSE FEE FOR SUBSEQUENT SIX MONTHS PERIODS:

7.1. For subsequent six months periods, the license fee shall be paid 15 days before the

commencement of next six months period for which license fee is due. Any delay in

payment of license fee beyond 15 days shall attract interest @18% per annum, calculated

for the number of days of delay. In case the licensee fails to pay the license fees within 90

days after the due date (Due date is 15 days before the commencement of subsequent six

months period. So, 90 days = 15 days before + 75 days after the commencement of the six

months period), the license will be terminated by treating it as breach of contract without

issuing any notice of termination and with all attendant liabilities.

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7.2. Further, the tenderer will be disqualified from participating in any tenders on South

Central Railway for a period of Three (03) years. Senior Divisional Commercial Manager

can also take action, at his discretion to terminate other contracts under operation by the

tenderer in the division and confiscate the Security Deposit and License Fee of those

contracts.

7.3. Illustration:-

Let us say, the second six months period of the contract starts from 16/01/2018. Then

the due date for payment of license fee will be 01/01/2018. License fee can be paid with

18% (per annum) penal interest up to 31/03/2018. If it is not paid up to 31/03/2018,

then the contract will be terminated on the next date (01/04/2018) by issuing a letter of

termination. There will be no notice of termination in these cases.

7.4. In such cases of termination, the license fee due for the 75 days will be adjusted from the

security deposit and the balance security deposit will be forfeited. Further, the tenderer

will be disqualified from participating in any tenders on South Central Railway for a

period of 3 years. Senior Divisional Commercial Manager can also take action, at his

discretion to terminate other contracts under operation by the tenderer in the division and

confiscate the Security Deposit and License Fee of those contracts.

7.5. Payment of License Fee in installments (Monthly, Quarterly) is strictly prohibited. While

quoting the License Fee in the tender, the bidder should take this factor into account and

accordingly quote the Quantum of License Fee for the First Year.

8. PAYMENT OF LICENSE FEE IN TIME:

Payment of License fee in time is entirely the responsibility of the Licensee. Railway will not give any reminder or advance notice or intimation prior to the due date of payment.

9. REFUND OF LICENSE FEE:

The Railway Administration reserves the right to terminate the contract, without assigning any

reason(s) at any time, by giving notice of not less than Three (03) Months. The Licensee shall not

be entitled to any damages or compensation by reason of termination other than refund of

proportionate amount of Licensee Fee for the period of Non-Display.

10. ESCALATION OF LICENSE FEE:

There will be no escalation on License Fee in the first year, second year and third year (which

means for six monthly period) of contract. However, there will be an escalation of license fee at the

rate of 10% per annum on the license fee of the immediate preceding year and this will be

applicable from the Fourth Year onwards. In other words, the Fourth Year License Fee (7th and 8th

half yearly license fee) will be 10% higher than Third Year License Fee. Similarly, the Fifth Year

License Fee (9th and 10th half yearly license fee) will be 10% higher than Fourth Year License Fee.

The bidder should take this into account while quoting the License Fee in the Tender for the First

Year.

11. TAXES AND OTHER UTILITY CHARGES:

In addition to the License Fee, the Licensee should pay the Income Tax, GST, utility charges and

other applicable taxes to the Statutory Authorities and submit the copies of receipts to Railways.

(End of Chapter –II)

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CHAPTER - III

GENERAL CONDITIONS OF CONTRACT/INSTRUCTIONS TO BIDDERS

1. The tender documents are non-transferable. The cost of tender document is not refundable.

2. Entire Tender Document should be duly signed by bidder on each page and complete in all

respects along with the documents asked for.

3. All offers shall be type or hand written neatly In English. Each page of the offer must be

numbered. A reference to total number of pages comprising the offer must be made at the top

right of the first page. Offer with overwriting or use of whitener shall summarily be rejected

along with forfeiture of EMD.

4. Any queries or request for additional information concerning this Document shall be submitted

in writing or by fax and e-mail to Senior Divisional Commercial Manager, Hyderabad Division,

at least 7 (seven) days before the date of opening of the tender. The envelopes / communication

shall clearly bear the following identification / title:

“Clarification for Tender Notice Number _____________________ to be opened on ______________”.

5. CORRIGENDUM / ADDENDUM:

5.1 Corrigendum(s) or addendum(s) will not be issued in the Ten (10) days prior to the date of

opening of tender. However, the date of opening can be postponed by giving due notice in

advance.

5.2 Bidder shall download corrigendum(s) and addendum(s) if any, print it out, sign and to be

attached with the main tender document.

5.3 The Railway will not be responsible for any postal delays / delay in downloading of tender

document from the internet.

5.4 Tender document not accompanied by published corrigendum/s and addendum/s will be

liable to be rejected.

6. SEALING AND MARKING OF BIDS:

6.1. The Bidder shall submit the Bid in the format specified at Annexure-III, together with the

documents Bid Document(s), Cost of Tender Document and Earnest Money Deposit.

6.2. Bid to be submitted in sealed envelope and super-scribe the envelop as “BID” and indicate

the name of the bid, tender notice and date as:

"Display of advertisements at earmarked areas for Package No _____ of Hyderabad

Division". Clearly write the name and address of the Bidder. In addition, the Bid due date

should be indicated on the right hand corner of each of the envelopes.

6.3. The name and address of the bidder should be clearly written on the envelop. This envelope

should be addressed to Senior Divisional Commercial Manager, Hyderabad Division, South

Central Railway.

7. SUBMISSION OF BIDS AND CLOSING TIME OF TENDER:

7.1. Bids submitted by fax, telex, telegram or e-mail shall not be entertained and shall be

summarily rejected.

7.2. Sealed envelope cover will not be received in person. It should invariably be dropped in the

Tender Box especially kept for this purpose at nominated place. The tender box will be

closed and sealed exactly at the time indicated in the tender notice.

7.3. Sealed envelope cover should be dropped in the designated tender box between 10.00 hrs

to 17:00 hrs of 22/10/2019 to 24/10/2019 and between 10.00 hrs to 11.00 hrs on

25/10/2019.

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8. LATE Bid (s):

Bids received by Railway after the specified time on the Bid due date shall not be eligible for

consideration and shall be summarily rejected. If the bid sent by registered post or courier arrives

at the afore-mentioned address after the submission time on the due date, it will be treated as

LATE bid and shall be summarily rejected.

9. OPENING OF SEALED TENDERS:

9.1. If the tender is unable to be opened on the date mentioned due to the date of opening being

declared as Holiday or for any other reason which is not under the control of Railway

Administration, the tender will be opened on next working day at the same time and place.

9.2. The tender will be opened at 11.15 hrs on 25/10/2019. Bids will be opened in the presence

of Bidders. Interested bidders may like to be present to witness the Bid Opening.

9.3. In the absence of bidders, their representatives can witness the Bid Opening subject to

representative possessing an authority letter issued by Bidder.

10. Bidders are required to furnish / submit all the information specified in this Document.

11. The Bidders shall be responsible for all of the costs associated with the preparation of their Bids and

their participation in the Bidding Process. Railway will not be responsible or in any way liable for

such costs, regardless of the conduct or outcome of the Bidding Process.

12. Prior to making the Bid, Bidders must examine all tasks in relation to rendering of desired services

under the License and carry out, at their cost, such studies / analysis, as may be required for

submitting their respective Bids for award of the License. Advertising through Digital and Static

Media is a specialized work requiring some level of experience and expertise. Therefore, it is

essential that the prospective bidders conduct a thorough investigation and analysis of the business

model and risks involved in this. Only thereafter, the bidder should participate in tendering and

quote the Quantum of License Fee.

13. Railway reserves the right to accept or reject any Bid; to cancel or modify the process or any part

thereof; to vary any of the terms and conditions; and/or to annul the Bidding Process and reject all

Bids, at any time during the Bidding Process, without thereby incurring any liability to the affected

Bidder(s) or any obligation to inform the affected Bidder(s) of the grounds for Railway‟s action.

14. AFFIDAVIT BASED SYSTEM OF CREDENTIAL VERIFICATION:

14.1. For early finalization of tenders, divisions may adopt the affidavit-based system of credential

verification. The bidder shall submit a notarized affidavit along with the tender document, in

support of his / their claim to fulfill the eligibility criteria as mentioned in the tender

document.

14.2. Each page of the copy of documents / certificates in support of credentials, submitted by the

tenderer, shall be self attested by the bidder or authorized representative of the Bidder /

Advertising agency / Firm.

14.3. Self attestation shall include signature, stamp and date (on each page).

14.4. The bidder shall submit the notarized affidavit on a non-judicial stamp paper of Rs.100/-

stating that they are liable to be disqualified, and that all their statements / documents

submitted along with the bid are true and factual. Standard format of the affidavit to be

submitted by the bidder is enclosed as Annexure-II.

14.5. Non submission of an affidavit by the bidder shall result in summary rejection of his / their

bid. It shall be mandatorily incumbent upon the bidder to identify, state and submit the

supporting documents duly self attested by which he / they, is / are qualifying the eligibility

criteria mentioned in the tender document. It will not be obligatory on the part of tender

committee to scrutinize beyond the submitted document of tenderer as far as his

qualification for the tender is concerned.

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15. The Railway reserves the right to verify at any time the statements, information and documents

submitted by the bidder in his tender offer, and the bidder shall, when so required by the Railway,

shall make available all such information, evidence and documents as may be necessary for such verification. Any such verification or lack of such verifications, by the railway shall not relieve the

bidder of its obligations or liabilities hereunder nor will it affect any rights of the railway there

under.

16. In case of any wrong information submitted by tenderer, Railway has the right to annul the license

and terminate the license agreement treating the same as material breach of contract. Earnest

Money Deposit (EMD) and Security Deposit (SD) of the contract will be forfeited. Further, the

tenderer will be disqualified from participating in any tenders on South Central Railway for a period

of Three (03) years. Senior Divisional Commercial Manager can also take action, at his discretion to

terminate other contracts under operation by the tenderer in the division and confiscate the

Security Deposit and License Fee of those contracts.

17. With the submission of the affidavit as mentioned in para 14.4 of this chapter, the practice of

verification of bidder‟s documents by the Railways may be dispensed with.

18. Any conditional offer or qualification or any other stipulation contained in the bid shall render the

Bid liable for rejection as a non-responsive Bid.

19. Railway reserves the right not to proceed with the Bidding Process at any time without notice or

liability and to reject any or all Bid (s) without assigning any reasons.

20. All intending tenderer(s) should note that possessing prescribed credentials or offering highest bid

amount would not accrue any right to claim the license. Railway Administration reserves the right to

reject any or every tender without assigning reasons, and does not bind itself to accept the highest

or any tender.

21. Tenders by Firms shall be in the Firm‟s name signed by the person authorised on their behalf. In

case of Partnership firm, the names of all the partners with their full postal address should be

furnished with the tender and if the firm is registered under the Indian Partnership Act of 1931, the

registration number of the firm should also be given.

22. The partner who is signing the tender form should hold power of attorney in his favour to act for

and on behalf of the partnership firm. In case of joint Hindu Family (Hindu Undivided Family), the

tender must be signed by Kartha or Authorised person.

23. PARTICIPATION OF GOVERNMENT EMPLOYEES IN BIDS:

Railway servant or any other member of his/her family (as defined in rule No.103, Para 17 of the

Indian Railway Establishment Code – Vol. I), either in their individual capacity or as a partner /

director / agent / franchisee of a firm / company, are not eligible to apply.

24. NUMBER OF BIDS:

In response to this Bid, each Bidder, can submit only one (1) bid under the status of an individual

or partnership or agency or company. If it is found that the bidder has submitted a Bid under

different legal status, all such Bids shall be disqualified and his/her/their Earnest Money Deposit

shall be forfeited. A Bidder, who has submitted a bid, should not have controlling shareholding in

another firm which also submitted another bid for the same unit. In such situation, both the bids

will be disqualified and Railway shall forfeit the Earnest Money Deposit of both the bids.

P a g e | 16

25. VALIDITY OF OFFER:

25.1 The Offer should be kept open till the acceptance/rejection thereof is communicated by

the Railway Administration or till 90 days from the date of Opening of tenders,

whichever is earlier.

25.2 The Bid shall remain valid for acceptance by Railway for a period of 90 days from the

date of opening of Tender of the bid notice. In case of any need, Railway may request the

Bidders in writing to extend the period of validity of their bids beyond 90 days also on

the same terms and conditions and in such cases the bidders may extend their validity

beyond 90 days.

25.3 If the validity is not extended by some bidders beyond 90 days, the EMD of such bidders

will be refunded. However, Railway will send the communication for extension of validity

well before the expiry of the initial 90 days validity period.

26. AUTHORITIES FOR ACCEPTANCE:

26.1 The authority for the acceptance of the tender will rest with the competent authority of

Railways on behalf of President of India, who shall not be bound to accept the highest or

any tender or to assign any reason for non-acceptance or rejection of a tender.

26.2 Bids evaluation and acceptance shall be governed by the Recommendations of Tender

Committee and decision of Tender Accepting Authority.

27. AWARD OF BID:

In the event of same offers being received from more than one Tenderer, the tenderer/s shall

increase his / their quoted rates in case the Railway Administration asks for negotiations for

increase in rates. Such a negotiation shall not amount to cancellation or withdrawal of the original

offer and the rates originally quoted will be binding on the tenderer/s.

28. ISSUE OF LETTER OF AWARD (LoA):

28.1. Letter of Award (LoA) of tender will be issued to the successful bidder as approved by the

tender accepting authority.

28.2. The successful bidder can be called to the office of Sr.DCM and the Letter of Award (LoA)

can be handed over to him in person. The Bidder (or his authorised representative) has

to acknowledge the receipt of Letter of Award (LoA). The date on which the LoA is

handed over to the bidder and the date on which the bidder acknowledges the LoA will

be the date of acknowledgement of LoA. If the LoA is to be handed over to the authorised

representative, then a letter of authorisation from the bidder should be submitted to

Senior Divisional Commercial Manager of Hyderabad Division. Refusal to accept and

acknowledge the LoA will be treated as breach of contract with all attendant liabilities as

laid down in Para 28.5 below.

28.3. Alternatively, the LoA can be sent by Registered Post Acknowledgement Due (RPAD) to

the successful bidder. Within (7) seven days of receiving the RPAD, the bidder has to

submit the duplicate copy of the LoA to railways after acknowledging the same. The

actual date of submission of acknowledged copy of LoA in the office of Sr.DCM will be

the date of acknowledgement of LoA. However, this date of submission cannot be beyond

Seven (7 days) from the date of receipt of RPAD. (Also the LoA will be communicated

through other means of Electronic Media like e-mail, Whatsapp for immediate

information to the Successful Bidder).

ILLUSTRATION:-

28.3.1. Let us say the LoA is dated 01/10/2018. It has been despatched by RPAD on

02/10/2018. It has reached the bidder on 05/10/2018. Then the bidder has time

up to 12/10/2018 for submitting the acknowledged copy of LoA in Sr. DCM Office.

28.3.2. Now let us say, the bidder has submitted the copy in Sr. DCM office on

10/10/2018. Then the date of acknowledgement of LoA will be 10/10/2018.

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28.4 In addition, the Successful Bidder may also be alerted through Mobile Phone, Email / Fax /

Whatsapp for his information.

28.5 If the bidder fails to submit the acknowledgement copy of LoA within the stipulated time

period, the LoA will be cancelled automatically and the contract will be deemed as

terminated. The Earnest Money Deposit amount will be forfeited and appropriated by

Railways. Further, the bidder will be disqualified from participating in any tenders on South

Central Railway for a period of 3 years. Senior Divisional Commercial Manager can also take

action, at his discretion to terminate other contracts under operation by the tenderer in the

division and confiscate the Security Deposit and License Fee of those contracts.

28.6 If the successful bidder fails to pay the security deposit and first year six months License

Fee within 20 days from the date of acknowledgement of LoA, the LoA will be treated as

cancelled and the contract will be terminated forthwith, without giving any notice of

termination duly forfeiting the Earnest Money Deposit. Further, the bidder will be

disqualified from participating in any tenders on South Central Railway for a period of 3

years. Senior Divisional Commercial Manager can also take action, at his discretion to

terminate other contracts under operation by the tenderer in the division and confiscate the

Security Deposit and License Fee of those contracts.

29. PAYMENT OF SECURITY DEPOSIT AND FIRST YEAR SIX MONTHS LICENSE FEE:

The successful bidder has to pay the security deposit and first six months license fee within

Twenty (20) days from the date of acknowledgement of LoA. There will be no extension under any

circumstances.

30. NOMINATION OF SEPARATE COMMERCIAL INSPECTOR / SUPERVISOR FOR EACH

CONTRACT FOR CO-ORDINATION PURPOSE.

30.1. Immediately after issue of LoA (but not later than Two days from the date of LoA), Sr.

DCM will issue a letter nominating one Commercial Inspector/Supervisor for each

contract / package for acting as single point contract for the licensee and carrying out co-

ordination work with other departments.

30.2. Since multiple departments / agencies are involved in operationalising the contract, the

nominated CCI / Supervisor will contact all concerned and sort out problems, if any.

Problems related to other departments like site clearance from engineering, power supply,

preparation of sketches etc., should be sorted out by the CCI.

31. FIXING THE DATE OF COMMENCEMENT:

31.1. The date of Commencement of Contract will be from 60 days after acknowledgement of

the LoA by the Bidder or the actual date of First Display of the Advertisement, whichever

is earlier.

31.2. If there is any problem from Railways side, then Sr. DCM will fix the date of

commencement duly deducting the days of delay from Railways side.

32. FRAUD AND CORRUPTION PRACTICES:

32.1 The Bidders and their respective officers, employees, agents and advisers shall observe

the highest standard of ethics during the Bidding Process and subsequent to the issue

of the LoA and during the subsistence of the License Agreement. Notwithstanding

anything to the contrary contained herein, or in the LoA or the License Agreement,

Railway may reject a Bid without being liable in any manner whatsoever to the

Bidder or the Licensee if it determines that the Bidder or the Licensee, as the case may

be, has, directly or indirectly or through an agent, engaged in corrupt practice,

fraudulent practice, coercive practice, violence of any kind, undesirable practice or

restrictive practice in the Bidding Process.

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32.2 In such an event, Railway shall:

( i ) Forfeit and appropriate the EMD or Security Deposit or both, as determined by

Railway, without prejudice to any other right or remedy that may be available to

Railway hereunder or otherwise.

( i i ) The bidder will be disqualified from participating in any tenders on South Central

Railway for a period of Three (03) years. Senior Divisional Commercial Manager can

also take action, at his discretion to terminate other contracts under operation by the

tenderer in the division and confiscate the Security Deposit and License Fee of those

contracts.

33. For the purposes of the Clause 32 of this Chapter, the following terms shall have the meaning

hereinafter respectively assigned to them:

33.1 “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or

indirectly, of anything of value to influence the actions of any person connected

with the Bidding Process (for avoidance of doubt, offering of employment to,

or employing, or engaging in any manner whatsoever, directly or indirectly, any

official of Railway who is or has been associated in any manner, directly or

indirectly, with the Bidding Process or the LOA or has dealt with matters

concerning the License Agreement or arising thereof, before or after the execution

thereof, at any time prior to the expiry of one year from the date such official

resigns or retires from or otherwise ceases to be in the service of Railway, shall be

deemed to constitute influencing the actions of a person connected with

the Bidding Process); or (ii) engaging in any manner whatsoever, whether during

the Bidding Process or after the issue of the LOA or after the execution of the

License Agreement, as the case may be, any person in respect of any matter

relating to the award of License or the LOA or the License Agreement, who at any

time has been or is a legal, financial or technical adviser of Railway in relation to

any matter concerning the award of License.

33.2 “Fraudulent practice” means a misrepresentation or omission of facts or

suppression of facts or disclosure of incomplete facts, submission of forged/fake

documents.

33.3 “Coercive practice” means impairing or harming or threatening to impair or

harm, directly or indirectly, any person or property to influence any person‟s

participation or action in the Bidding Process;

33.4 “undesirable practice” means (i) establishing contact with any person connected

with or employed or engaged by Railway with the objective of canvassing, lobbying

or in any manner influencing or attempting to influence the Bidding Process; or (ii)

having a Conflict of Interest; and

33.5 “Restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating a full

and fair competition in the Bidding Process.

33.6 “Violence of any kind” Causing harm or injury to other bidders or their

representatives or Railway staff during the tendering process.

34. COMPENSATION / REFUND:

34.1 If for any reason the Administration is not able to honor the whole / part of contract

and considers it necessary to cancel the whole of the contract or reduce the scope of

the tender on Railway account, no compensation will be payable for such cancellation

or reduction, except refund of the proportionate amount of license fee due to the

contract, without any interest. No appeal against this decision will be entertained.

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34.2 The Railway Administration shall not be responsible for any loss or damage caused to

the Licensee due to total or partial discontinuance of display of the advertisement

under the agreement for any reasons whatsoever.

35. EXIT CLAUSES OF CONTRACT:

35.1 TERMINATION BY RAILWAYS ON ACCOUNT OF BREACH OF CONTRACT:

35.1.1 In case of breach of terms and conditions of agreement by the licensee,

Railways will terminate the contract by giving a 15 days notice of

termination. In such case, the Security Deposit and left over License Fee

will be forfeited and appropriated by Railways. The bidder will be

disqualified from participating in any tenders on South Central Railway for

a period of 3 years. Senior Divisional Commercial Manager can also take

action, at his discretion to terminate other contracts under operation by

the tenderer in the division and confiscate the Security Deposit and

License Fee of those contracts. (Such notice of 15 days is not required in

case of non-payment of license fee for subsequent six months periods as

per Para No.7 of Chapter II).

35.1.2 In such termination the vinyl wrapping and the Laminates will be removed

by Commercial Branch at the risk and cost of the licensee and the cost of

such removal and restoration of coaches will be deducted from Security

Deposit of the Licensee.

36. TERMINATION BY RAILWAYS ON ACCOUNT OF OPERATING EXIGENCIES:

At times it becomes necessary for Railways to terminate the contract due to various operating

exigencies like change in policies, etc. In such contingencies, Railway will give three (03) months‟

notice of termination and the contract will be terminated. In such cases, the security deposit and left

over license fee will be refunded to the Licensee after deducting the dues, if any, to the Railways from

the Licensee.

37. EXIT BY THE LICENSEE.

The Licensee cannot terminate the contract in the First Two (02) years of the contract period. He can

give a termination notice only after completion of Two (02) years contract period. He has to give

termination notice of 4 months. This procedure is illustrated below:

Let us say, date of commencement of contract is 01/10/2017.

The licensee can issue the notice of termination only on or after 01/10/2019.

Assuming that the notice of termination was given by Licensee on 01/10/2019, then the

contract will be terminated with effect from 01/02/2020.

38. If the Licensee rescinds the contract, runs away or abandons the contract in the mid way in the

first two years, then the security deposit and leftover License fee will be forfeited. Further, the Licensee

will be disqualified from participating in any tenders on South Central Railway for a period of Three

(03) years. Senior Divisional Commercial Manager can also take action, at his discretion to terminate

other contracts under operation by the tenderer in the division and confiscate the Security Deposit

and License Fee of those contracts.

39. INDEMNITY:

39.1 The Licensee shall keep the Railway Administration indemnified and completely

absolved of any risk damage or loss, however caused due to any kind of disturbances to

their property or to their personnel under employment or otherwise engaged by them in

discharge of their duties connected with the display of advertisement including claims

under the Workmen's Compensation Act. The Railway Administration accepts no

responsibility for any loss damage of advertising materials belonging to the Licensee, no

matter how so ever caused.

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39.2 The Licensee agrees to indemnify the Railway Administration against any loss or

damage to the property of the Railway Administration and/or against any. claims under

any Act in force including Workmen's Compensation Act made for the employee of the

Railway Administration or any Third party for death, disablement or injury to persons

whatsoever, arising out of or in any way of compensation, costs, charges or expenses in

this connection shall be considered reasonable and shall be reimbursed by the Licensee

to the Railway Administration immediately on demand.

39.3 To indemnify Railway against contravention of laws by Licensee. The Licensee

undertakes to indemnify the Railway against fine, penalty, costs etc., imposed on the

Railway by any authority due to contravention of any law statute etc. of the State or

Central Government or local bodies by the Licensee in the course of the contract by

exhibiting any advertisements, which is contrary to such laws.

39.4 The Licensee shall comply with all relevant statute including Contract Labour (Abolition

and Regulation) Act and Rules of Payment of Minimum Wages Act and other Labour

Laws and keep the Railway Administration indemnified against any claims arising out of

said Acts and Rules.

39.5 No Railway facilities such as pass, concessional ticket consideration of employment in

Railways will be available to the employees of Licensee. The Licensee shall be fully

responsible for the welfare of his employees.

40. DISCHARGE OF TENDERS IN THE EVENT OF HIGHEST (H-1) BIDDER FAILING TO PAY THE

REQUISITE PAYMENTS (License Fee & Security Deposit)

This para is deleted.

41. MISCELLANEOUS:

Railway in its sole discretion and without incurring any obligation or liability, reserves the

right, at any time, to;

41.1 Suspend and / or cancel the Bidding Process and / or amend and / or

supplement the Bidding Process or modify the dates or other terms and conditions

relating thereto;

41.2 Consult with any Bidder in order to receive clarification or further information;

41.3 Retain any information and / or evidence submitted to Railway by, on behalf of, and /

or in relation to any Bidder; and / or

41.4 Independently verify, disqualify, reject and / or accept any and all submissions

or other information and / or evidence submitted by or on behalf of any Bidder.

42. LAWS GOVERNING THE TENDER:

42.1 The Laws of India shall govern this contract for the time being in force including

labour laws.

42.2 This contract shall be deemed to have made at the place from which the acceptance

of license has been issued.

42.3 That the Licensee shall not employ any person below the age of 18 years and without

verification of the antecedents by the local police in respect of each person employed

by him / them.

42.4 The Licensee shall pay not less than Minimum wage to his employees and the

licensee shall be responsible to comply with the provisions enumerated in the various

laws of land for the time being in force including the following laws:

42.4.1 Minimum Wages Act 1948

42.4.2 Payment of wages Act 1936 42.4.3 Contract Labour (Regulation and Abolition) Act1970

42.4.4 Workmens Compensation act 1923

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42.5 It shall be deemed that by submitting the Bid, the Bidder agrees and releases Railway, its

employees, agents and advisers, irrevocably, unconditionally, fully and finally from any

and all liability for claims, losses, damages, costs, expenses or liabilities in any way

related to or arising from the exercise of any rights and / or performance of any obligations

hereunder and the Bidding Documents, pursuant hereto, and/ or in connection with

the Bidding Process, to the fullest extent permitted by applicable law, and waives any and all rights and / or claims it may have in this respect, whether actual or contingent,

whether present or in future.

42.6 The Licensee shall comply with provisions in relation to various labour laws viz.. Child

Labour (prohibition and regulation) Act, Payment of Wages Act and Minimum Wages Act,

etc.

43. The Disclaimer as set forth at the beginning of this document and the License Agreement as

stated in this Document shall be deemed to be the part of this Document.

44. The Selected Bidder shall have to execute the License Agreement in the manner and format as

indicated by Railway in this Document and no material changes shall be permitted by the Selected

Bidder.

45. COPY RIGHT ACT, 1957:

The Licensee shall ensure all permissions necessary under provisions of Copy Right Act, 1957

regarding the content have been obtained. The Licensee shall also indemnify the Railway

Administration against any damages levied for any copy right infringement.

46. ERRORS, OMISSIONS & DISCREPANCIES:

The bidders shall not take any advantage of any misinterpretation of the conditions due to typing

or any other error and if in doubt shall bring it to the notice of the administration, without delay. No

claim for the misinterpretation shall be entertained.

47. SIGNING OF AGREEMENT:

47.1 An agreement should be signed between Railways and Licensee within 10 days after the

date of payment of Security Deposit and first six months licensee fee by the Licensee. Failure to sign

the agreement within this stipulated period by the Licensee will be treated as breach of contract with

all attendant liabilities.

47.2 The following parts of this tender document will form the TERMS AND CONDITIONS OF

THE AGREEMENT:

The whole of Chapter-IV.

Para 3 to Para 10 of Chapter-II.

Para 27 to Para 47 of Chapter-III.

47.3 The terms and conditions of the Agreement can be modified only on mutual consent by

both the parties to the agreement.

End of Chapter III

(((.)))

P a g e | 22

CHAPTER – IV

SPECIAL CONDITIONS OF THE CONTRACT

1. “Medium of display, Area of Display, Station / Location / Site of Display”; that will be allowed as

enumerated in Para 1.1, 1.2 and 1.3 of Chapter – I of this document.

2. The Bidder, before participating in the tender, should physically visit the sites of this Contract and

should satisfy themselves that they may display the advertisements at the particular site / location,

as per Law of the Land, by obtaining necessary permission from appropriate authority, within the

stipulated time period. They should also estimate probable earning potential of each site.

3. The Railway Administration will not provide any advertisement display material like structures for

display of CCTVs, Uni-poles etc. The Licensee will have to erect / Install display media at their own

risk and cost.

4. All advertisement activities like pasting or removing of Flexi, mounting / dismounting of Boards /

Hoardings / Uni-poles, Digital Screens etc., are sole responsibility of the licensee. In case of repairs

to display and replacement due to wear and tear, the Licensee should take up the work at his own

cost.

5. Licensee shall not interfere with the Railway infrastructural facilities/passenger amenities provided

or any other installations of the Railways without prior written permission of the Senior Divisional

Commercial Manager.

6. CONDITIONS FOR DISPLAY OF ADVERTISEMENTS:

The Division will clearly identify the locations where Uni Pole, Hoarding and CCTVs can be displayed.

The locations and sizes will also be decided by the Division after due consultation with other

departments.

6.1 Uni Pole and Hoardings:

i) Uni Pole and Hoarding should be erected as per sketches to be given by the division.

ii) Uni Pole and Hoarding should not hinder the public movement.

iii) Uni Pole and Hoarding are to be cleaned and attend necessary repairs at regular intervals.

iv) Uni Pole and Hoarding should be sturdy and corrosion resistant.

6.2 Closed Circuit Colour Televisions:

i) While planning for locations for installation of CCTVs inside the station building,

passenger movement area/s and other environmental factors should be taken into

consideration. For example – a bad location where the sunlight comes through window

glass cannot be viewed by passengers.

ii) The bidder has to install, operate and maintain the CCTVs at his own cost during the

currency of the contract. Railways will not provide any service or warranty to the screens

installed for the purpose. All the material and equipments shall be new and of high

quality. Domestic level equipments should not be used for display of advertisements,

screens are to be replaced in case of repeated failures. The installation of CCTVs should

be of one time set up.

iii) The CCTVs inside the Railway stations should be hanged from the roof top suitable for

viewing.

7. The Licensee should ensure that the contents on CCTV should be displayed as per the following:

7.1 Advertisements displayed through the CCTV should enhance the passengers satisfaction and

keep them engaged in viewing by screening general entertainment, social messages, news,

movie snap shots & trailers, etc. TV serials, features etc.., should be restricted to the minimum

extent for longer sequences on the CCTV at stations. Display of such contents will attract

passengers on the platforms obstructing free movement and also in boarding / de-boarding of

passengers from trains.

P a g e | 23

7.2 All the short films / audio visuals brought for display on digital screens in the station are to be

certified by the competent film censor board.

7.3 The average time spent by a passenger before digital screens will be relatively high in waiting

halls than in platforms. Hence, the content on the digital screens displayed on platforms

should be different based on the location of screens to increase the passenger satisfaction.

7.4 Major events like festivals, world cup, national, international games etc.., License shall ensure

that there shall not be breach of Intellectual property rights (IPR) or infringement of rights and

should follow all advertisement guidelines issued by Ministry of Information and Broadcasting

(I&B).

8. AUDIO LEVELS ON CCTV:

Decibels of the CCTV shall be kept at suitable gentle level so that it does not become a source of

nuisance to the passengers. The volume of announcements should be reduced during the night time.

The Licensee should ensure that at each station centralised button is provided to control the audio

levels on CCTV.

9. Physical security of all the display materials / media installed inside the station building is at the

risk of Licensee and Railways will not be provide any security for them.

10. In case of any disputes regarding the display on CCTV or positioning of CCTVs with respect to

Railway Information Boards, the decision of Senior Divisional Commercial Manager will be final and

binding.

11. Certain stations have been identified under station redevelopment programme by Railways. The

licensee shall not have any objection in relocating the display material/CCTVs as and when the

repairs works are undertaken under Station Redevelopment Programme. Further, during execution

of certain developmental works by Railways like Foot Over Bridges, Lifts, Escalators, Cover Over

Platform, extension of Station Building, Platform extension, etc., some advertising material may have

to be removed or relocated for the duration of the work going on. There will be no compensation from

Railways for such relocation/removal. There will be no reduction in license fee as well. Once works

are completed, such advertisements will be permitted to display again.

12. The Licensee shall be responsible for all the consequences arising on account of rules / laws in

connection with screening of audio visual films on display material inside the Station Building.

13. DISPLAY AUTHORITY:

Display Authority for display of advertisements under this package will be issued only on receipt of

Security Deposit and First Six months License Fee. The Display Authority will be issued by the

office of Senior Divisional Commercial Manager, Hyderabad division, South Central Railway after

receipt of Security Deposit and First six months License Fee.

14. DISPLAY PLAN AND PROCEDURE FOR DISPLAY OF ADVERTISEMENTS:

14.1 The Office of the Senior Divisional Commercial Manager will be the single point contact for

the Licensee. Senior Divisional Commercial Manager (Sr.DCM) should carry out the

necessary correspondence with Senior Divisional Engineer (Sr.DEN), Senior Divisional

Electrical Engineer (Sr.DEE) and other branches for obtaining necessary approvals for early

commencement of the Contract.

14.2 At these sites / locations, if there are existing advertisement displays at some locations, then

the licensee can go ahead with displaying advertisements at such locations after date of

commencement of contract. There is no need for a separate display permission from Sr.

DCM‟s Office for such sites.

However, where new sites have been identified and where there are no existing advertisements,

then the licensee has to submit a proper display plan to the Sr. DCM. In such cases, the

display of advertisements can commence only after receiving permission from the Office of Sr.

DCM.

P a g e | 24

14.3 Display plan should consist of location plan, media display plan, structural designs, electrical

points, structural cabling sketch etc., for approval of Railways. If there are any changes /

modifications, Sr. DCM/Office will communicate to the Licensee within Fifteen (15) days from

the date of receipt of the Display Plan.

14.4 Wherever electrical connections are required for the advertisements (existing sites and new

sites), the Licensee will submit the application to Sr. DCM. The Commercial Inspector /

Supervisor nominated for co-ordination with the Licensee will forward the application to Sr.

DEE‟s office. The Commercial Inspector will pursue the matter with the electrical department.

There is no need for the licensee to directly deal with Sr. DEE‟s office. Once permission comes

from electrical department, the same will be communicated to the licensee. The Licensee has to

bear the cost of electrical cables from the nearest Railway source as well as the monthly

electricity bill charges.

15. PERMISSIONS FROM OUTSIDE AGENCIES FOR DISPLAY ADVERTISEMENTS:

It is personal responsibility of the Licensee to take all kinds of permissions / No objection

certificates (NOCs) from outside agencies like Municipal Authorities, National Highway

Authority and other statutory bodies as required under law in force from time to time to enable

him to display their material. Licensee has to pay the fee or any other charges directly to

concerned authority at his own.

16. PENALTY FOR EXCESS UTILISATION OF ADVERTISEMENT AREA:

16.1 The Licensee shall display the advertisements only in the area allotted and as specified in

this tender or as approved in the advertising plan.

16.2 If it is found by Railways that the Licensee is utilising excess display area without prior

approval of Railways, then a penalty amount equivalent to two times of the license fee of that

site / area / board will be levied from the date of commencement of contract and upto date

of detection. Thereafter, normal license fee will be levied till end of the contract.

16.3 However, the licensee can always apply in advance for increasing the area of displaying of a

particular site. Subject to approval from other departments in Railways, the additional area

will be permitted on payment of proportionate license fee from the date of permission.

17. IDENTIFICATION OF NEW SITES/ADDITIONAL AREA:

17.1 BY RAILWAYS:-

Additional Area can be offered during the course of contract:

17.1.1 In order to take advantage of the professional expertise of the licensee, the licensee

can be given additional display area.

17.1.2 The License fee will be levied as per the rate quoted and escalation (in Fourth and

Fifth Year). The License Fee will be collected from the date of issue of permission

letter.

17.1.3 For these additional areas, the contract period falling under License Fee escalation

years, the escalated license fee will be charged irrespective when the permission was

given for the additional area.

To illustrate, let us say, the Fourth (04) year contract period is starting from

01/01/2019. Permission has been given for an additional site on 01/12/2018. In this

case, licensee cannot say that from 01/12/2018 to 30/11/2019, he will pay license

fee at the rate of First year license. He has to pay First year rate from 01/12/2018 to

31/12/2018 and Fourth (04) year rate from 01/01/2019 to 31/12/2019 and Fifth

Year rate from 01/01/2020 to 31/12/2020.

17.2 BY LICENSEE:

17.2.1 The Licensee can also identify the new sites for display of various media at various

locations. Further, if the Licensee intends to increase the size of the structure or area,

the Licensee shall submit the proposal for the same to Senior Divisional Commercial

Manager of Hyderabad division, South Central Railway.

17.2.2 Senior Divisional Commercial Manager will approve the proposal after consultation

with respective departments and then communicate to Licensee.

P a g e | 25

17.2.3 The License fee will be levied as per the rate quoted and escalation, if any. The License

Fee will be collected from the date of issue of permission letter.

17.2.4 For these additional areas, the contract period falling under License Fee escalation

years, the escalated license fee will be charged irrespective when the permission was

given for the additional area. Illustration is given in Para 20.1.3.

18. MAINTENANCE OF DISPLAY BOARDS:

18.1 Day-to-Day upkeep of the advertisements including installation / fabrications / painting

/ wrapping / mounting / dismounting / removal or repairs during the period of

contract shall be the responsibility of Licensee completely at their own risk and cost.

The work should be executed under the supervision of a qualified supervisor of the

Licensee.

18.2 The Licensee should regularly maintain, replace the torn, damaged displays immediately

and also carry out maintenance and strengthening of fixtures, fittings, installation for

safety reasons at Licensees‟ own cost, under supervision of commercial & engineering

staff.

18.3 The structure should be painted from time to time to avoid them from getting rusted.

19. THE ADVERTISEMENT RIGHTS :

The advertising rights under the License Agreement will vest with the Successful Bidder. All

advertisers/recognized agents or other persons wishing to advertise will have to deal directly with

the Licensee and they will have no dealing with the Railway or make any claim on the Railway for

any commission, etc.

20. ENGAGEMENT OF AGENCIES BY LICENSEE:

The Railway Administration has no objection, if the Licensee engages other companies,

concerns/Agencies for the purpose of execution of fabrications, painting and selling advertisement

space directly to users. The engaging of such companies / concerned agencies, etc., for the

purpose of execution of fabrication, installation, painting, selling of space, etc. will be entirely at

the Licensee‟s own risk and cost.

21. SUB-LETTING OF LICENSE:

The Licensee shall not assign, transfer, sublet or sell the contract right granted to his/her by way

of license to any person and such action shall result in the license automatically getting cancelled

resulting in forfeiture of the license fee and security deposit. Further, the Licensee will be

disqualified from participating in any tenders on South Central Railway for period of Three (03)

years.

22. THE RAILWAY RIGHTS:

22.1 Railway reserves the right to declare or notify any area to be exempted from the scope of

the tender at any time during the currency of the contract for the purpose of Railway

usage and functioning of Railway system. This exemption will become neither a cause

for the breach of contract, nor the Railway Administration is liable to pay any type of

compensation or damages to the Licensee. However proportionate reduction in license

fee will be given if display boards or other structures are removed as per direction of

railways and if other suitable location is not available to relocate the same in allotted

package. The Licensee has the right to refuse the alternative location or Railway and

licensee can negotiate a lower rate prevailing in the alternative location.

22.2 The Railway Administration reserves the right to display by any media the Railway

advertisements/ information/slogans/posters/ passenger amenities / safety /

convenience / social message etc. on places other than allotted to the Licensee on

Railway account for Railway related purposes, for which the licensee should not have

any type of objection. Railway Administration also reserves the right to grant permission

to outside agencies to advertise such display as considered to be in the interest of Rail

Users.

P a g e | 26

22.3 In the event of any site(s) occupied by advertising matter under this contract being

required by the Railway Administration any time for the purpose or use of the Railway

or for any purpose deemed fit by the Railway Administration, the Railway

Administration shall be entitled without notice to take down and remove the advertising

matter occupying such site or sites and to use the site or sites for the purpose or use of

the Railway or as deemed fit and in such an event, the Licensee shall not be entitled to

any compensation, except for reduction in proportionate license fee.

22.4 The Railway Administration reserves the right to shift or relocate an advertisement

media for administrative or any other unforeseen reasons. In such case, the same shall

be carried out the by the Licensee as advised by Railway administration. No

compensation in this regard shall be admissible except reduction in proportionate

license fee.

23 ELECTRICAL CONNECTIONS:

23.1 Wherever electrical connections are required for the advertisements (existing sites and

new sites), the Licensee will submit the application to Sr. DCM. The Commercial

Inspector/Supervisor nominated for co-ordination with the Licensee will forward the

application to Sr. DEE‟s office. The Commercial Inspector will pursue the matter with the

Electrical Department. There is no need for the licensee to directly deal with Sr. DEE‟s

office. Once permission comes from electrical department, the same will be communicated

to the licensee. For all purposes, Sr. DCM‟s office and the nominated Commercial

Inspector will be the single point of contact for the Licensee.

23.2 Licensee will bear the cost of electrical estimate, meter charges, electrification charges

and electrical consumption charges apart from License Fee of the contract.

23.3 During the power failure, Licensee has to make alternative arrangements like arranging

UPS backup, for all the systems to ensure uninterrupted functioning.

24 DISPLAY OF DETAILS OF LICENSEE ON ADVERTISEMENTS:

The Advertisement agency should display the size of advertisement, contact number, period of

contract and name of agency in every advertisement displayed by him in the nominated area,

failing which, penalty will be imposed by railways.

25 The licensee will be responsible for damages caused due to heavy winds, storms, fire explosion,

riots or other unforeseen causes and indemnify the Railways on account of the above mentioned

causes.

26 The Railway Administration will not lay down any tariff for publicity for individual sites. The

Licensee is free to decide the tariff to be charged from its clients. Changes in the tariff structure

may be carried out by the Licensee as and when he desires.

27 Display should not hamper the mandatory boards displayed on the railway area such as Railway

station name, important public and railway information etc.., and other such legends. Markings

for identification and public utility should not be altered.

28 DISPLAY CONDITIONS:

28.1 Hoardings Near LC Gate and Track Approaches - Distance of the hoarding/board from the

centre line of Track should be minimum of “Height of the Hoarding from the ground level to

the TOP + 3 meters.

28.2 Wherever track is in curve, board should be located outside of the curve.

28.3 Display of Advertisements shall conform to the following:

28.3.1 Advertisement Displayed should not offend public taste.

28.3.2 Advertisement Displayed should not propagate any religion or religious belief.

28.3.3 Advertisement Displayed should not have any communal and regional bias

28.3.4 Advertisement Displayed should not use the name and pictorial representation

of National Leaders, martyrs for trade and business purpose

28.3.5 Advertisement Displayed should not have a picture of a particular leader of a

particular section or region.

P a g e | 27

29 ADVERTISEMENTS NOT PERMITTED FOR DISPLAY:

The Licensee is required to follow Central / State Laws for display of advertisements.

Advertisements that are objectionable in the eyes of law or otherwise prohibited for display. The

following advertisements are not permitted for display:

29.1 Advertisements of alcoholic drinks.

29.2 Advertisements against background scenes which are erotic in character.

29.3 Competitive advertisements from Road Transport/Air lines companies

29.4 Advertisement from Private Insurance companies offering policies against Rly Accidents.

29.5 Advertisements of Cigarettes, Bidis and other Tobacco products.

30. REMOVAL OF ADVERTISEMENTS IN THE EVENT OF TERMINATION OF THE

CONTRACT:

30.1 The licensee shall remove the advertisement material like Hoarding, Structures, Uni-

Poles/Uni-Structures, Digital Display Equipments etc.., from the Railway premises within 7

days at his own cost from the date of receipt of intimation of termination letter.

30.2 If the licensee fails to remove it within the period specified above, the Railway

Administration shall be at liberty to remove and dispose off the said material in any manner

as deemed fit. The cost of such removal and disposal will be deducted from the Security

Deposit of the licensee.

31 ADVERTISEMENT STRUCTURES LEADING TO RAILWAY ACCIDENTS:

31.1 Due to various reasons such as:

a) Faulty design of the hoarding.

b) Inferior materials used in the Hoarding Structure.

c) Heavy winds, etc..,

31.2 The hoardings and other structures can fall on the rail track or on trains or on the other

Railway Installations. In all such cases, the liability for the consequent damage, loss,

injury, etc.., arising out of such accidents will be entirely on the licensee, irrespective of the

cause which caused the fall / collapse of the advertising structure / materials.

31.3 In addition to recovering the entire cost of damages / loss / injury, the licensee will be

penalised with amount equivalent to First year‟s License Fee. The contract will be

terminated forthwith and the Security Deposit & License Fee will be forfeited and

confiscated by Railways.

31.4 The Licensee will be debarred from participating in any tenders on South Central Railway

for a period of Three (03) years. Sr.DCM, at his discretion can also terminate other

contracts of the Licensee after giving due notice and forfeit/confiscate the Security Deposit

and License fee of those contracts as well.

31.5 Therefore, the Licensee has to do a thorough professional job while erecting his structures

and inspect those structures at required intervals. He should also be alert to weather

forecasting and in the event of adverse weather forecast he should take all precautions (like

lowering the Hoarding) so that the structure / material does not cause any

accidents/damage to railways, its employees, passengers and assets.

32 REMOVAL OF ADVERTISEMENTS AT THE END OF THE CONTRACT:

The licensee shall remove the advertisement material like Hoarding, Structures, Uni-Poles / Uni-

Structures, Digital Display Equipments etc.., from the Railway premiseswithin Seven (07) days at

his own cost, failing which Railways will do the job and deduct the money from security deposit.

33. SITES / LOCATIONS EXEMPTED FOR DISPLAY OF ADVERTISEMENTS INSIDE THE STATION

BUILDING:

All the stalls viz., Catering stalls, Bookstalls, etc., and Pay & Use Toilets, ATMs, Weighing

Machines, Vinyl Wrapping of Coaches, ATVMs, CoTVMs, Dual Display Information System, etc.

P a g e | 28

34. SPECIAL CONDITIONS OF CONTRACT FOR MANDATORY UPDATION OF LABOUR DATA ON

RAILWAYS SHRAMIKKALYAN PORTAL BY LICENSEE:

The Licensee shall abide by the provisions of Payment of Wages Act and Minimum Wages Act in

terms of clause 54 and 55 of Indian Railways General Condition of Contract. In order to ensure the

same, an application has been developed and hosted on website

„www.shramikkalyan.indianrailways.gov.in‟.

The Licensee shall register his firm/company etc. and upload requisite details of labour and their payment in the above portal. These details shall be available in public domain. The Registration /

updation of Portal shall be done as under:

(a) Licensee shall apply for onetime registration of his company / firm etc. in the Shramikkalyan

portal with requisite details subsequent to issue of Letter of Awarding. (b) Senior Divisional Commercial Manager (Sr. DCM) of the division shall approve the Licensee‟s

registration on the portal within 7 days of receipt of such request.

(c) Licensee once approved by Senior Divisional Commercial Manager of the division, can create

password with login ID (PAN No.) for subsequent use of portal for all LoAs issued in his favour.

(d) The Licensee once registered on the portal, shall provide details of his Letter of Awarding (LoA)

/ License Agreements on Shramikkalyan portal within 15 days of issue of any LoA for approval of concerned. Sr.DCM of the division shall update (if required) and approve the

details of LoA filled by Licensee within 7 days of receipt of such request.

(e) After approval of LoA by Sr. DCM, Licensee shall fill the salient details of contract labours

engaged in the contract and ensure updating of each wage payment to them on

shramikkalyan portal on monthly basis. (f) It shall be mandatory upon the Licensee to ensure correct and prompt uploading of all salient

details of engaged contractual labour and payments made thereof after each wage period.

Licensee shall submit a certificate to the Sr. DCM that “I have uploaded the correct details of

contract labours engaged in connection with this contract and payments made to them during the

wage period in Railway‟s Shramikkalyan portal at „www.shramikkalyan.indianrailways.gov.in‟.

35. ARBITRATION CLAUSE:

If any dispute in regard to implementation of the agreement with the Railway, difference or claim

arising out of this agreement, shall be referred to a sole arbitrator who shall be appointed by the

General Manager, South Central Railway. The venue of such arbitration will be at Hyderabad. The

provisions of Arbitration and Conciliation Act, 1996 (with amendments) will be applicable in

arbitration proceedings.

36. All disputes are subject to the jurisdiction of Hyderabad/Secunderabad courts only.

37. Any changes in the terms and conditions of agreement will be done through mutual consent by

both the parties.

<<End of Chapter-IV>>

(((.)))

Annexure-I

Power of Attorney for signing of Bid

(Para 4.7 of Chapter-I)

Know all men by these presents, we……………………… (name of the firm and address of the registered

office) do hereby irrevocably constitute, nominate, appoint and authorize Mr/Ms (name),

……………………. son/daughter/wife of…………….……………….and presently residing

at………………………….., who is presently employed with us as our true and lawful attorney

(hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds

and things as are necessary or required in connection with or incidental to submission of our bid for

the award of the license for “Display of Advertisements at earmarked areas at Out of Home

Locations through Hoardings with Flexi Boards/Glow Sign Boards/Uni-Pole/Uni-Structures/Tri-

Vision Boards through wall paintings and through Digital Display with LED/LCD screens” for

Package No._____, as per the Tender Notice No.__________ of ________Division, South Central Railway,

for which proposals are invited by Railway including but not limited to signing and submission of all

Bids, bids and other documents and writings, participate in bidders and other conferences and

providing information/ responses to Railway, representing us in all matters before Railway, signing

and execution of all contracts including the License Agreement and undertakings consequent to

acceptance of our Bid, and generally dealing with Railway in all matters in connection with or relating

to or arising out of our Bid for the award of License to us and/or till the entering into of the License

Agreement with Railway.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things

done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by

this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the

powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, ………………, THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS

POWER OF ATTORNEY ON THIS ……… DAY OF …………. 20…..

For………………………….. (Signature, name, designation and address)

Witnesses:

1.

(Notarised)

2.

Accepted

…………………………… (Signature)

(Name, Title and Address of the Attorney)

N.B. – This document is not required if the bidder is an individual or a proprietary firm.

Notes:

o The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executants (s) and when

it is so required, the same should be under common seal affixed in accordance with the

required procedure.

o Wherever required, the Bidder should submit for verification the extract of the charter

documents and documents such as a board or shareholders‟ resolution/ power of attorney in

favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.

Annexure-II

FORMAT FOR AFFIDAVIT TO BE SUBMITTED BY TENDERER ON

NON-JUDICIAL STAMP PAPER FOR THE VERACITY OF DOCUMENTS

(Para 4.9 of Chapter-I)

(to be executed in presence of Public Notary on non-judicial stamp paper of the Value of Rs.100/-.

The stamp paper has to be in the name of the tenderer) # #

1. I _________________ (Name and Designation) # # appointed as the attorney / authorized

signatory of the tenderer ( including its constituents),

2. M/s ________________ (hereinafter called the tenderer) for the purpose of the Tender

Document for Tenders for “Display of Advertisements at earmarked areas at Package

No._____”, as per the Tender Notice No.__________ of Hyderabad Division South Central

Railway, do hereby solemnly affirm and state on the behalf of the tenderer including its

constituents as under:

3. I/We the Tenderer(s), am/are signing this document after carefully reading the contents.

4. I/We the Tenderer(s) also accept all the conditions of the tender and have signed all the

pages in confirmation thereof.

5. I/We hereby declare that I/We have obtained Tender Document from

www.scr.indianrailways.gov.in website / Senior Divisional Commercial Manager Office,

Hyderabad Division, South Central Railway.

6. I/We have verified the content of the Document and there is no addition, no deletion or no

alteration to the content of the Tender Document.

7. I/We declare and certify that I/We have not made any misleading or false representation in

the forms, statements and attachments in proof of the eligibility criteria.

8. I/We also understand that my/our offer will be evaluated based on the

documents/credentials submitted along with the offer and same shall be binding upon

me/us.

9. I/We declare that the information and documents submitted along with the tender by

me/us are correct and I/We are fully responsible for the correctness of the information and

documents, submitted by us.

10. I/We, the undersigned state that if the certificates regarding eligibility criteria submitted by

us are found to be forged / false or incorrect at any time during the process for evaluation of

tenders, it shall lead to forfeiture of the tender, Earnest Money Deposit besides banning

from participating in future tenders over South Central Railway for a period of Three (03)

Years. Further, I/We (insert the name of the tenderer) # # __________________ and all my/our

constituents understand that my/our offer shall be summarily rejected.

11. I/We also understand that if the certificates / documents submitted by me/us are found to

false/forged or incorrect at any time after the award of the contract, it will lead to

termination of the contract, along with forfeiture of Earnest Money Deposit and Security

Deposit besides any other action provided in the contract including banning from

participating in future tenders over South Central Railway for a period of Three (03) Years.

DEPONENT

SEAL AND SIGNATURE OF THE TENDERER

VERIFICATION

I/We above named Tenderer do hereby solemnly affirm and verify that the contents of my/our above

affidavit are true and correct. Nothing has been concealed and no part of it is false.

DEPONENT

Place: SEAL AND SIGNATURE OF THE TENDERER

Dated:

Attestation before Magistrate/Notary Public.

Annexure - III

PRICE BID

(Para 6.1of Chapter-III)

Date: _______________

To,

Senior Divisional Commercial Manager

____________________ Division, _________________________ Railway,

Sub: Tenders for Display of Advertisements at earmarked areas at Package No. ________________.

Ref: Tender Notice No.______________________________________________________________________

Dated ________________________.

Dear Sir,

1. I/We accept the terms and conditions mentioned in the Bid Document, which have been clearly

understood by us.

2. I/We have duly signed on each page of the Bid Document. 3. I/We abide by all the terms and conditions of Bid document.

4. I/We further certify that we are ready to display of advertisements at earmarked areas at

Package No. ____________, through Hoardings with Flexi Boards Flexi Boards/Glow Sign

Boards/Uni-Pole/Uni-Structures/Tri-Vision Boards; through wall paintings and through

Digital Display with LED/LCD/Plasma screens within the time frame given by the Railway and

as per the terms and conditions of the Bid Document and in the master license agreement to be executed between the parties.

5. I/We understand that Railway reserves the right to reject, accept or consider any offer without

assigning any reason whatsoever.

6. The Licensee fee offered for the first year of contract, is in the table below:

Package

No.

Total area in

sft

Estimated Value

for the first

year (Rs.)

Licensee fee for the first year to be quoted by the Bidder (in Rs.)

In Figures In Words

7. The above Licensee fee quoted is exclusive of GST and all other applicable taxes.

8. Our Price Bid shall be binding upon us subject to the modifications resulting from negotiations,

up to expiry of the validity period of the Bid Document or extended period of validity, if

extended.

Yours sincerely,

Signature of Authorized Signatory

Name and Title of Signatory: Name of Firm:

Address:

Note:

1. The bidder may please note that the rate to be quoted in the Price Bid should be written in both

figures and in words. In case of difference is noticed in the figures and words quoted by the

Bidder in the offer, the amount quoted in words will be taken into account.

2. Bidder should not use red and/or green ink in the tender form. Offers using red and/or green

ink will be summarily rejected. Each page of tender document should be signed in full by the

bidder.

Annexure – IV

National Electronic Fund Transfer/Electronic Clearing Service (Credit Clearing)

Mandate Form

(Para 4.13 of Chapter-I)

Sl.

No. Description

Details

1 Investor/Customer‟s (Bidder‟s) Name and

Address

2 Particulars of Bank Account

(a) Name of Bank

(b) Name of branch

Address

Telephone No. of Bank

(c)

9 Digit Code number of the Bank and branch

appearing on the MICR Cheque issued by the

bank

(d) IFSC code of the branch

(e) Type of Account (Current/Savings/Cash credit

with code 10/11/13)

(f) Ledger and ledger folio number

(g) Account number (appearing on Cheque book)

(In lieu of the bank certificate to be obtained as under, please attach a blank cancelled Cheque or

photocopy of a Cheque or front page of your savings pass book issued by your Bank for verification of

the above particulars).

3. Date of effect

I hereby declare that the particulars given above are correct and complete. If transaction is delayed or

not effected at all for reasons of incomplete or incorrect information, I would not hold the user

institution responsible. I have read the option invitation letter and agree to discharge the responsibility

expected of me as a participant under the scheme.

Date:

Signature of the Investor/Customer

……………………………………………………………………………………………………

Certified that the particulars furnished above are correct as per our records.

Bank‟s stamp

Signature of the Authorised Official of the bank