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PRASAR BHARATI (India’s Public Service Broadcaster) PB Archives (Central & North Zone)

Akashvani Bhawan, New Delhi-110001 ***

REQUEST FOR PROPOSAL FOR HIRING AN AGENCY

FOR “MASTERING, DUPLICATION & PACKAGING OF USB CARDS FOR

PRASAR BHARATI ARCHIVES”

Issued by: PB Archives Prasar Bharati Akashvani Bhawan, New Delhi -110 001 Phone No. 011-23421271 www.prasarbharati.gov.in

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Bid Information

S. No Description Target Information 1 Reference no. of RFP PBA/MKTG/RFP/2016-17(PART-2) 2 Date of issue of RFP document 01-05-17 3 Bid Fee Rs. 2,500/- 4 Pre-bid Meeting 16-05-17 5 Last date & Time for submission of Bids 25-05-17

6 Date & Time Opening of Technical Bids 29-05-17

7 Opening of Financial Bids Will be intimated later to all technically qualified bidders

8 Earnest Money Deposit (EMD) in the form of a Demand Draft/Banker’s cheque.

Rs. 01 Lakh (Rs. One Lakh only) through demand draft/ Banker’s cheque drawn in favour of “DDO, PB Archives[Central & NZ], New Delhi” on any scheduled commercial bank payable at New Delhi to be enclosed with the technical bid.

9 Contact Person for queries (Strictly between 1430 to 1700 hrs on working days only)

Room No. 1, Akashvani Bhawan Parliament Street, New Delhi-110001 Tele/Fax – 011 23421253, 011-23421271 Email: doodarshanarchives@gmail.com

1 Address for EMD and Tender Fee Submission

Room No. 1, Akashvani Bhawan Parliament Street, New Delhi-110001

1 Validity The bids submitted shall remain valid for a period of 180 days from the date of opening the technical bid.

1 Latest Updates availability

www.tenderwizard.com/PB www.prasarbharati.gov.in, www.allindiaradio.gov.in

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Table of Contents

S. No Particulars Page No. 1. Introduction 4 2. Definitions & Interpretations 4 3. Scope of the RFP 4 4. Terms and Conditions 5 5. Time Line 5 6. Penalty Clause 5 7. Eligibility Criteria 6 8. Instructions to Bidders 6 to 8 9. Preparation of Technical and Financial bids 8 to 9 10. Earnest Money Deposit 9 to 10 11. Conflict of Interest 10 12. Bid submission 10 to 11 13. Bid Evaluation 11 to 12 14. Award of contract 12 15. Termination 12 to 14 16. Arbitration 14 17. Performance Bank Guarantee 14 to15 18. Annexure-1 : Technical Bid Submission Form 16 19. Annexure-2 Technical Bid Evaluation form 17 20. Annexure-3 : Letter of Authorization for Attending Bid Opening 18 21. Annexure-4 : Price Bid Form 19 to 20 22. Annexure-5: Information reg. Conflicting activities 21 23. Annexure-6: Performance Bank Guarantee (proforma) 22 to 24

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REQUEST FOR PROPOSAL

For Hiring of an Agency for

“Mastering, Duplication & Packaging of USB Cards For PrasarBharati Archives”

1. INTRODUCTION: Prasar Bharati (PB) is a statutory autonomous body established under the Prasar Bharati Act which came into existence on 23.11.1997. All India Radio (AIR) and Doordarshan (DD), which earlier were working as media units under the Ministry of Information & Broadcasting became constituents of PB by virtue of the provisions of the Prasar Bharati Act. The archives of Prasar Bharati is a large repository of legacy program contents in audio-visuals which is of great social, cultural and historical importance. Hiring of an Agency: Prasar Bharati Archives invites bids on two-bid basis for the hiring of an Agency for Mastering, Duplication & Packaging of USB Cards for PB Archives for a period of two years from the date of award.

2. DEFINITIONS AND INTERPRETATIONS: Unless the context otherwise requires, the following terms whenever used in Request for Proposal (RFP) have the following meanings:

“Agency” means any entity which wishes to submit its proposals in reference to advertised RFP document by Prasar Bharati for the Mastering, Duplication & Packaging of USB Cards for Prasar Bharati Archives. The term ‘Agency’ includes proprietorship, partnership business, LLP, or private or public company or any other body corporate. The expression “agency” includes all its Directors, Officers, Employees, Agents, Contractors, Financiers, Professional Advisers, or related body corporate of that agency. “PB” means Prasar Bharati, an autonomous body under the Ministry of I& B.

3. SCOPE OF THE RFP:

i. Make Master USB CARDS based on the contents provided by Prasar Bharati Archives on DVC Pro 50/Beta SP tapes/Data Drives.

ii. Prepare Menu Based Master. iii. Duplication of USB CARDS as per the specifications given by Prasar Bharati Archives. iv. Ensure the compatibility of finished USB CARDS with all consumers grade players. v. USB CARDS should be packed in proper packing boxes with shrink-wrapping., as per the details

given in Annexure No. 4 (c). vi. USB CARDS should be stalked in spindle of 100 pieces. vii. The USB Cards should be packed in boxes/cartons of convenient size and strong enough to

withstand any damage during handling and transportation from tenderer’s premises to Prasar Bharati Archives, Akashvani Bhawan, Parliament Street, New Delhi premises.

viii. The tenderer should give a warranty for the USB Cards to be free from defects in materials and workmanship for a period of one year from the date of receipt by Prasar Bharati Archives.

ix. If any USB Card proves to be defective during the warranty period, it should be replaced at no extra charge to Prasar Bharati Archives who would return the defective piece (or pieces) to the tenderer.

X. Each product will contain its unique barcode printed on it.

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4. TERMS & CONDITIONS: i. Payment will be made to the agency within one month of the receipt of invoice only after the

competent authority in Prasar Bharati Archives is satisfied that the required services/jobs have been satisfactorily provided/ completed by the agency.

ii. The estimated amount for the orders in 02 years will be 40 lakhs and above. iii. The bidder will have to submit an earnest money of Rs. 1,00,000/- by Demand Draft of any

scheduled bank in the name of “DDO, PB Archives[Central & NZ], New Delhi”in an envelope along with the pre-qualification bid. The earnest money of unsuccessful tenderers will be refunded.

iv. A performance Bank Guarantee (BG) of five percent of the bid amount will have to be given to Prasar Bharati Archives at the time of signing the agreement. The bank guarantee should be valid for a period of two years from the date of signing the agreement. In case party or agency terminates the contract without any valid reason, the bank guarantee shall be forfeited and encashed by Prasar Bharati Archives. In case of unsatisfactory performance despite advice to improve the same, Prasar Bharati Archives reserves the right to encash the Bank Guarantee.

v. The supply is to be made within a period of 12 days from the date of placement of order on the tenderer. In case a longer delivery period is required by the tenderer, the same should be clearly specified, which in any case may not be more than 20 days.

vi. Video Content will be provided in DG Beta/DVC Pro format and Audio content will be provided in WAV format or any suitable audio format.

vii. The bids are to be submitted in two parts:

(a) The technical bid should contain:

i. Bidders profile along with a Photocopied duly signed copy of their latest income tax return. ii. Balance sheets for the last three years duly certified by CA. iii. Details of infrastructure available in terms of equipments, manpower and also full address of location

for undertaking the work to enable us to verify propriety of the statement. iv. Details of software used and compression rate against each format. v. Bidder’s experience of producing USB CARDS programs with a list of clients both past and present

with at least two samples of each category (USB CARDS). A copy of PO and Invoice should be attached for verification.

vi. A Demand Draft of Rs.2500/- (Rs. Two Thousand Five hundred only) in favor of “DDO, Prasar Bharati Archives, New Delhi” as tender fee which will be non-refundable.

vii. A Demand Draft of Rs. 1,00,000/- in favor of “DDO, Prasar Bharati Archives, New Delhi” as Earnest Money.

5. TIME LINE:

The supply is to be made within a period of 12 days from the date of placement of order on the tender. In case a longer delivery period is required by the tenderer, the same should be clearly specified, which in any case may not be more than 20 days.

6. Penalty Clause : If the agency fails to complete the work within the given time frame as per clause 5, penalty will be imposed at the rate of 2% of the order value.

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7. Eligibility Criteria for the agencies: a) The agency should be a company registered under Companies Act, 1956/2013 and should be in

existence at least for the last three financial years. The company should have PAN No, ST No and other statutory requirements.

b) The agency should have a consistent duly audited annual minimum turnover of Rs. 40 lakhs or more per year for the preceding three years. Balance sheet / auditor statement of last three years shall be submitted as supporting documents.

c) The agency must not have been blacklisted/ debarred by any Government/ Semi Government Organization or Corporation in India, at any stage.

d) The selected agency should not have content ownership interests in any classical or non-filmy titles. e) Bidders should have minimum one year experience in producing high quality USB CARDS. Details

of previous work of similar nature in the same field with a list of clients, both past and present, should be provided.

f) Details of facilities available with them to verify their competence for the work. g) The agency should have an established office with basic infrastructure to undertake the production

of USB CARDS. h) At least two samples of commercially released USB CARDS produced earlier having non-film,

cultural content are to be submitted. A copy of job order related to the deposited samples along with corresponding invoice should be attached for verification of clients and samples by our legal cell.

i) Documents explicitly supporting the past experience, list of existing and past clients with details of services offered, successful work completion certificates issued by clients ,details of similar projects executed with copies of agreements, work orders, and other related details must accompany the RFP.

8. INSTRUCTIONS TO BIDDERS:

8.1 The proposals are invited based on ‘Two bids system’- Technical Bid and Financial Bid. The requirement of the services to be provided by the successful agency are detailed in the Scope of Work of the RFP document. The bids submitted by the entities will be evaluated in accordance with the method of selection specified in the RFP document.

8.2 Due Diligence by Entities: The agency should familiarize themselves with the procedures and

responsibilities and take them into account while preparing their bids.

8.3 The agencies shall be responsible for all the costs associated with the preparation of their Bids

and / or any presentations to be made to PB and subsequent negotiation, including visits to PB or

other PB offices. PB will not be responsible or in any way liable for such costs, regardless of the

conduct or outcome of the Selection Process.

8.4 Each agency shall submit only one Bid in response to this RFP. If more than one Bid is submitted by

any Agency, all such Bids shall be summarily rejected. Each Agency shall submit its bid in original,

duly signed and stamped by the Agency.

8.5 Validity of Bid: The Bid shall be valid up to two years from the issue of the work order. Should the

need arise, PB may request the entities to extend the validity period of their Bids.

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8.6 Clarifications and Amendment of RFP document:Agency requiring any clarification on the RFP

may send their queries to PB in writing before the date (pre-bid) mentioned in the Bid Information

Sheet. Any request for clarification must be sent in writing or by standard electronic means to PB’s

address indicated in the Data Sheet. PB will respond in writing, or by standard electronic means and

will send written copies of the response (including an explanation of the query) to all entities. If PB

deem it necessary to amend the RFP as a result of a clarification, it shall do so by adopting the

following procedure:-

i. At any time prior to the deadline for submission of the Bid, PB may, for any reason, whether at its

own initiative or in response to clarifications requested by any Agency modify the RFP document

with or without assigning any reason by the issuance of an Addendum/ Amendment.

ii. All such amendments will be notified in the Official Website of Prasar Bharati mentioned in this

document and will be binding on all entities. It is, therefore, advised that the Entities should

regularly visit the Official PB Website. In order to afford the entities reasonable time to take an

Addendum into account, or for any other reason, PB may, at its own discretion, extend the

Proposal Due Date.

iii. Once the bids are submitted, no change can be made in a Bid nor can any or supplementary

information be provided after the last date of submission. However, PB reserves the right to seek

additional information from the entities, if found necessary, during the course of evaluation of

Technical Bids. Sufficient time will be given to provide the response. Non-submission, incomplete

submission or delayed submission of such additional information or clarifications sought by PB,

may lead to rejection of the bid.

iv. PB may accept or reject any Bid at its discretion and/or may ask for any additional information and

provide sufficient time to respond or vary its requirements, add to or amend the terms, procedures

and protocol set out in the RFP document. PB also reserves its right to annul the selection process

at any time prior to the Letter of Award without assigning any reason and without incurring any

liability towards the entities.

8.7 Language of Bid: The Bid with all accompanying documents (the “Documents”) and related

correspondence shall be in English Language and strictly in the formats provided. In case, any

document is in another language, it must be accompanied by an accurate translation of the relevant

passages in English, in which case, for all purposes of interpretation of the Bid, the translation in

English shall prevail.

8 8.8 In preparing the bid the Agency is expected to examine in detail the documents comprising the RFP.

Material deficiencies in providing the information requested may result in rejection of the Bid. Incase

upon verification, evaluation/assessment, any information submitted by the firm is found to be

false/incorrect, its bid will be summarily rejected and no correspondence on the same shall be

entertained.

8.9 Compliance Statement: The Agency shall submit a copy of this RFP document with each page of the

RFP signed by the authorized signatory along with the office seal as a part of the compliance to each

part of the RFP. In case of any disagreement to any part of the RFP in part or full, it should be brought

out in a separate sheet clearly indicating the non-compliance or disagreement. The bids without duly

signed compliance are likely to be rejected.

8.10 Pre-Bid Conference:

i. A Pre-Bid Conference will be held on the date and place as specified in Data Sheet to address

queries of prospective bidders.

ii. The entities are required to submit all queries in writing or through email to be discussed during

the pre-bid conference. The queries must be submitted at least two days prior to the date of pre-bid

conference.

iii. A maximum of two duly authorized representatives per Agency may attend the Pre-Bid

conference. PB will not respond to questions or queries from any Agency, after the Pre-Bid

Meeting.

iv. Entities must intimate PB in writing or Email, if they intend to attend the Pre-Bid conference, prior

to the scheduled date mentioned in the website. In such case, the names and details of such

representatives of the Agency must be forwarded to the PB.

v. Queries raised along with the clarifications at the Pre-Bid conference will be documented and issued to all Entities subsequently.

9 PREPARATION OF TECHNICAL AND FINANCIAL BIDS:

9.1 Preparation of Technical Bid:

The Technical Bid shall provide a brief description of the Agency and an outline of its work experience

in the relevant fields as outlined in the Scope of Work of this RFP in the previous three years with March

2017 being taken as the outer most reference year. The Technical Bid shall be submitted with all

required documents as in Annexure-2.

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9.2 Bid Fee: The entities submitting the bid shall enclose a DD for Rs. 2,500/- towards bid fee which is non

refundable and shall be in favor of “DDO, PB Archives (Central & North Zone)”,payable at New

Delhi.

9.3 Preparation of Financial Bid:

i. The financial bid should strictly be submitted in the format as given in Annexure-4.

ii. The Financial Bid shall include all commercial implications and all applicable taxes.

iii. All the tax liabilities including but not limited to service tax, luxury tax, custom duties,

Bonds/Carnet, license fee, insurance cost, and other impositions as applicable in INDIA shall be

deemed to be included in the Financial Bid. The Agency is required to quote PAN/TIN number and

service tax number, wherever applicable.

iv. Bid/Contract Price shall remain firm and fixed for the entire Contract period.

v. The Agency should submit the Financial Bid for the different components of work as in the

Annexure-4.If an agency does not quote for a particular item, the bid shall be rejected summarily.

10 EARNEST MONEY DEPOSIT:

i. An Earnest Money Deposit (EMD) of Rupees 01 lakh (One Lakh rupees only) in the form of

Crossed Bank Draft/FD of any Nationalized/Scheduled commercial bank, valid for three

months from the due date of RFP, must be submitted to Prasar Bharati Archives. The DD/FD

shall be in favor of “DDO, PB Archives (Central & North Zone)”, payable at New Delhi.

ii. The Bids without EMD or with EMD in any other form shall be rejected as non- responsive.

iii. EMD of all unsuccessful bidders would be refunded by PB Archives without any interest within

one month of the final selection.

EARNEST MONEY DEPOSIT: The Earnest Money deposited by the Agency shall be forfeited in the

following events:

i. If Bid is withdrawn during the validity period or any extension thereof.

ii. If Bid is varied or modified in a manner not acceptable to PB during the validity period or any

extension of the validity duly agreed by the Agency.

iii. If an Agency, whose Bid has been accepted, fails to furnish the Performance Guarantee/

Performance Bank Guarantee within 7(seven) days of the issue of Letter of Award

10 iv. EMD of the unsuccessful Agency would be returned back within one month of signing of the

Contract with successful Agency.

v. EMD of the successful Agency will be returned after signing of the Contract and on Submission of

Performance Bank Guarantee by the Agency within the stipulated period in the format given by

Prasar Bharati.

11. CONFLICT OF INTEREST:

i. PB’s policy requires that Agency should provide professional, objective, and impartial service and to

hold PB’s interests paramount, strictly avoid conflicts with other assignments or their own corporate

interests.

ii. Without limitation on the generality of the foregoing, agency shall be considered to have a conflict

of interest and shall not be considered for the bidding, under any of the circumstances set forth

below:

a) The Agency ( including its Personnel) that has a business or family relationship with a member of

PB staff who is directly or indirectly involved in any part of (i) the preparation of the technical and

financial bids of this RFP, (ii) the selection process for such assignment, or (iii) supervision of the

Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has

been resolved in a manner acceptable to PB throughout the selection process and execution of the

Contract.

b) The Agency has an obligation to disclose any situation of actual or potential conflict that impacts

their capacity to serve the best interest of PB, or that may reasonably be perceived as having this

effect. Failure to disclose said situations may lead to the disqualification of the Agency or the

termination of its Contract.

12 BID SUBMISSION:

12.1 Submission, Receipt, and opening of Bids:

a) E-tender will be on the basis of “Two bids system” and offers are to be submitted concurrently duly

digitally signed on the website http://tenderwizard.com/PB. b) An authorized representative of the Agency shall sign the Bid and also initial all pages of the

original Technical and Financial Bids.The forwarding letter must indicate all list of enclosures. All

pages must be legible and numbered. The authorization shall be in the form of a written power of

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attorney accompanying the Bid or in any other form demonstrating that the representative has been

duly authorized to sign as per Annexure-3. In case the Agency wishes to change the Authorized

Signatory from the one identified at the RFP Stage, the Agency would be required to furnish a fresh

Power of Attorney in the name of the new Signatory. The signed Technical and Financial Bids shall

be marked “ORIGINAL”.

c) The Bid (and any additional information requested subsequently) shall bear the initials of the

Authorised Signatory and stamp of the Agency on each page of the Bid.

d) The EMD and bid fee of requisite amount should be submitted physically in the Room No- 1,

Ground Floor, Akashvani Bhawan before the date of opening of the technical bid. The agency

exempted from submission of bid fee has to submit the relevant papers to that effect, otherwise their

bid will not be considered. The technical bid will be opened on scheduled date and time in presence

of such bidders who choose to attend. The financial bid will be opened after the technical bids are

evaluated.The financial bids of only accepted technical bids will be opened. Financial bids of

technically rejected bids will not be opened.

e) The Bids must be submitted on the website: www.tenderwizard.com/PB not later than the time and the date as

indicated in the website.

f) the end of the contract period, the shortfall if any shall be worked out, if the Agency fails to

complete any of the activities specified in the Annexure-IV within the specified timeline as per

Clause 2.9 due to reasons entirely attributable to the agency, the agency shall have to pay to the

Prasar Bharati by way of a penalty at the rate of 2% of the cost of the shortfall. The penalty will

be levied per week on the shortfall calculated on weekly basis.

13. BID EVALUATION:

13.1 Evaluation of Technical Bids:

Bid Documents & Evaluation Process: The evaluation of the technical bids will be done based on the following:

a) A copy of the RFP document duly signed on each page by the authorized signatory for endorsing the compliance to all clauses of RFP by the bidder.

b) All the clauses in the eligibility criteria are to be fulfilled with stipulated documentary proof and shall be a part of the technical evaluation

c) All the conditions indicated in the technical evaluation form at Annexure-2 shall be mandatorily fulfilled.

13.2 Opening and Evaluation of Financial Bids:

a) After the Technical Evaluation is completed, PB shall inform all technical qualified entities in writing the

time and location for opening the Financial Bids. Agency's attendance at the opening of Financial Bids is

optional. Attendance shall be recorded and signed by all present.

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b) The financial bids of all the entities that have already been technically shortlisted shall be opened

publicly in the presence of the Agency's representatives who choose to attend.

c) The Agency who offers the lowest quote for the sum total of all the components in financial bid as

per Annexure-4 will be the successful agency.

d) The Financial Evaluation Committee will correct any computational errors. While reviewing

computational errors, if any discrepancy is noticed between a partial amount and the total amount or

between words and figures the former will prevail. In addition to such corrections, all items indicated

and described in the Technical Bid but not priced, shall be assumed to be included in the prices of

other activities or items. In case an activity or line item is quantified in the Financial Bid differently

from the Technical Bid, no corrections will be applied to the Financial Bid in that respect.

14. AWARD OF CONTRACT:

After taking into account Technical and financial evaluation criteria, PB shall award the Contract to

the successful Agency by issue of Letter of Award (LOA).Successful Agency is required to

submit the acceptance letter along with the Performance Bank Guarantee as stipulated in RFP

within 7 days of Issue of Letter of Award.

The name of the successful Agency shall be posted on PB website after the award to the successful

Agency and communicated to the Agency in writing. The Agency is expected to commence the

assignment specified in the agreement.

Payment conditions.

The payment will be released from the PB Archives (Central & NZ), New Delhi on satisfactory verification of the goods received and other deliverables within 30 days.

15. TERMINATION: In the event of breach of agreement by the Agency of its obligations, which

remains un-remedied despite the expiry of a initial notice of 15 days calling upon the Agency to remedy the breach by PB by a written notice, PB shall have the right to forthwith terminate the contract anytime within 30 days from the intimation of the breach.

Force Majeure: In the event of either party being rendered unable by force majeure to perform any obligation required to be performed by them under the contract, the party alleging that it has been rendered unable as aforesaid shall within seventy two hours of the alleged beginning and ending thereof give full particulars and satisfactory evidence in support of its claim. In case of a force majeure event, the party affected by the event shall not be liable for non performance of the contract till force majeure event ends. The term “Force Majeure” herein shall mean acts of God, War, Civil riots, fire directly affecting the performance of the contract, floods and Acts and Regulations of respective Government of the contracting parties, namely the PB and the agency

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herein. If performance of the contract is suspended by force majeure lasting for more than 2 (two months, the PB shall have the option of cancelling this contract in whole or part at its discretion without any liability on its part).

Fraud/Corruption:

PB requires that the entities participating in selection process adhere to the highest ethical standards,

both during the selection process and throughout the execution of the Contract. In pursuance of this

policy:

a) PB defines, for the purpose of this paragraph, the terms set forth as applicable to both the parties:

i. “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of

anything of value (whether in cash or kind) to influence the action of a public official in the

selection process or in Contract execution;

ii. “fraudulent practice” means a misrepresentation or omission of facts in order to influence a

selection process or the execution of a Contract;

iii. “collusive practices” means a scheme or arrangement between two or more Entities with or

without the knowledge of PB, designed to establish prices at artificial, non-competitive levels;

iv. “Coercive practices” means harming or threatening to harm, directly or indirectly, persons or their

property to influence their participation in selection process, or affect the execution of a Contract.

b) PB will reject a Bid for award if it comes to know that the Agency recommended for award has, directly

or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for the

Contract in question;

c) PB will terminate the Contract, if already awarded and will declare the Agency ineligible, either

indefinitely or for a stipulated period of time, to be awarded a Contract, if at any time it determines that

the Agency has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive

practices in competing for, or in executing, a Contract. In such an eventuality, PB reserves the right to

invoke the PBG. Agency shall furnish information on commissions/ brokerages, if any, paid or to be paid

to agents relating to this Bid with details of name and address of agents, amount and purpose, during

contract execution.

d) For sake of additional clarity, it is stated that through this RFP, PB does not intend and does not in fact

confer on any bidder,( successful or unsuccessful) any rights over PB’s intellectual property including the

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Content intended for “Mastering, Duplication & Packaging of USB cards for Prasar Bharati

Archives” through this RFP. PB reserves the right to seek any legal redress available to it under law in

case of any breach, negligence, or wilful default of the Agency or incase Agency is found to indulge in

any fraudulent or corrupt practices or infringe PB’s confidential information or Intellectual Property rights

directly or indirectly. The Agency shall be solely responsible for and shall fully indemnify PB for any

loss caused to PB owing to such actions.

16. ARBITRATION: Any dispute between Prasar Bharati and the Successful Agency arising from the agreement executed between them pursuant to this RFP shall be referred to arbitration by a Sole Arbitrator to be appointed by CEO, Prasar Bharati. The place of Arbitration shall be New Delhi. The arbitration proceedings shall be conducted in English and in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. Each party shall bear its own cost and equally share the fees of the Arbitrator unless Arbitrator decides otherwise.

Jurisdiction: All disputes arising from the contract shall be subject to the exclusive jurisdiction of the courts at Delhi.

Governing Law: The agreement will be governed in all respect by the Laws of India.

Confidentiality Information relating to the examination, clarification, comparison and evaluation of the proposals submitted shall not be disclosed to any of the responding bidder or their representatives or to any other persons not officially concerned with such process until the selection process is over. The undue use by any responding bidder of confidential information related to the process may result in rejection of its proposal.

17. PERFORMANCE BANK GUARANTEE:

i. The successful Agency shall be required to deposit Rs.2 lakhs(2,00,000/-) indicated as Performance

Bank Guarantee within 7 (seven) days of the issue of Letter of Award.It should be valid six months

beyond the duration of the contract.

ii. The Performance Bank Guarantee shall be in the form of an irrevocable Bank Guarantee as per format

to be provided, from a Nationalised Bank/ Scheduled Bank in favour of “ DDO, PB Archives

(Central & NZ), New Delhi” payable at New Delhi.

iii. It shall be expressly understood by the Agency that the Performance Bank Guarantee is intended to

secure performance of entire contract, failing which the Agency will be deemed to be in default of the

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Contract. It is also expressly understood and agreed that the Performance Guarantee is not intended to

cover all the damages detailed / stipulated in various clauses in the Contract document.

iv. The above Performance Bank Guarantee shall be released at the end of the assignment after

ascertaining any liabilities on the part of the Agency to PB. Should the assignment period be extended,

for whatever reason, the Successful Agency, shall at its own cost, get the validity period of the Bank

Guarantee extended and shall furnish the extended / revised Bank Guarantee to PB before the Expiry

date of the Bank Guarantee originally furnished.

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ANNEXURE-1 TECHNICAL BID SUBMISSION FORM

(To be submitted in the letterhead of the bidding Agency)

Ref: Date: ................. To The Deputy Director General (PB Archives), Room No. 1, Akashvani Bhawan, Parliament Street, New Delhi-110001 Dear Sir,

1. Having examined the request for proposal (RFP) document, the scope of work and other conditions therein, we the undersigned offer to provide the desired services of Mastering, Duplication & Packaging of USB Cards For Prasar Bharati Archives to be rendered in conformity to para 3&4 and as per the scope of the work and terms & conditions.

2. We undertake, if our Bid is accepted, within schedule time frame and all the services/contractual obligations specified in the contract as per schedule calculated from the date of issue of the work order. An agreement shall be executed with PB on receipt of work Order.

3. If our Bid is accepted, we will submit the performance bank guarantee of a Scheduled Bank for an amount mentioned in the RFP or as directed within seven days of the issue of LOA.

4. We agree to abide by this Bid for a period of 180 days from the date fixed for Bid opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

5. We understand that Prasar Bharati has all the rights to cancel the highest offer without assigning any reasons.

6. We have submitted the required documents as per Annexure-2.

Dated this .............................. day of ........................ 2017 Name and Signature ------------------------ In the capacity of ---------------------- Duly authorized to sign the bid for and on behalf of……………………………………. Witness......................................... Address...................................... Signature

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ANNEXURE -2

Technical Bid Evaluation form

S.

No.

Technical Evaluation Criteria

Status

1 A duly notarized Certificate of Registration under companies Act

Y/N

2 Proof of Experience and successful work experience certificates issued by clients in last one year.

Y/N

3 Duly Audited financial account of last 3 financial years as proof for min 40 lakhs turnover.

Y/N

4

Affidavit of not having been a defaulter with PB or blacklisted

Y/N

7

Service TAX/VAT/TIN no

Y/N

8

Demand Draft for Rs. 2,500/- as bid fee

Y/N

9

EMD for Rs. 1 Lakh in the form of a Bank guarantee/Demand Draft

Y/N

10

Certificate that the bidder has quoted for all the components.

Y/N

11

Compliance statement (signed copy of RFP)

Y/N

12

Annexure regarding conflicting activities & declaration

Y/N

13 Letter of authorization (Annexure-3) Y/N 14 Signed copy of the tender document Y/N

All the conditions above shall be “Yes”to accept the RFP

18

ANNEXURE-3

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING (To reach DDG (Archives) before time of bid opening)

To The Deputy Director General (PB Archives), Room No. 1, Akashvani Bhawan, Parliament Street, New Delhi-110001 Subject: Authorization for attending bid opening on_____________(date) in the RFP no ----------- dated ------- against Mastering, Duplication & Packaging of USB Cards for Prasar Bharati Archives” Following persons are hereby authorized to attend the bid opening for the RFP mentioned above on behalf of _______________________________________________ (Bidder) in order of preference given below.

Order of Preference Name Specimen Signatures

I II Alternate Representative

Signatures of the bidder

or

of the Authorized Signatory

(Maximum two representatives for any bidder shall be authorized and permitted to attend the Bid Opening.)

19

ANNEXURE-4

PRICE BID FORM

(On Company Letter Head)

Reference No. …………………. Date: …………

Dear Sir,

With reference to your RFP No…..dated …………. for “Mastering, Duplication & Packaging of USB Cards For Prasar Bharati Archives”, we have carefully studied its scope and deliverables and based on these, we submit our lowest quote as below:

A - USB CARDS (4 GB) – MASTERING & LANGUAGE SUBTITLING for Video and audio only

S.No. Job Unit Unit rate (inRs.)

1. Mastering with full interactivity in PAL/NTSC for 60 minutes (one hour)

Per title

2. Language subtitling for 60 minutes (one hour) - (Multiple language option /Per Language)

Per Language

B - USB CARDS (4 GB) – DUPLICATION

S.No. Job Unit Unit

rate (inRs.)

1. Duplication Charges Per 1000 Units (Initial Order)

Per Title

2. Duplication Charges Per 500 Units (Repeat Order)

Per Title

C - USB CARDS (4 GB) – PACKAGING IN BOX

S.No. Job Unit Unit

rate (inRs.)

1. Packaging for USB Cards in Size 4”x3” Hard Slip Case. Inner Tray to have Foam Cushioning with Die Cutting for Placing USB Cards& Booklet. Upper Slip Case to have Spot UV Printing.

Per Title

20

2. 4 color paper Booklet Size 2”x1.5” in 135 GSM Paper. (Initial 16 Pages).

Per Title

3. 4 color paper Booklet Size 2”x1.5” in 135 GSM Paper. (In multiple of 4 Pages)

Total Tendered Amount (A+B+C) – Rs.________________

IMPORTANT NOTE: In case rates for all items as well as step-wise quotes are not given, bids

shall be summarily rejected.

AFFIRMATION We affirm that the total price given above represents the entire cost to complete the work in accordance with the RFP and is inclusive of travel, boarding & lodging, taxes, out-of-pocket expenses and incidentals etc. In particular, the price is also inclusive of cost of any stationery, telephone expenses, Infrastructure requirements such as Laptops, data cards, any special equipment required for the work specified in RFP etc. and no claim will be made on account of any increase in expenses to be incurred to complete this Project. The quoted price will remain valid for 2 years after the contract is awarded.

(Please note that the bidders should also submit the detailed cost work sheet of the bid amount to ascertain its reasonableness) Place: Date:

(Signature of the Authorized Person) (Name of the Authorized Signatory

Designation Contact Details Company Seal

21

ANNEXURE-5

INFORMATION REGARDING ANY CONFLICTING

ACTIVITIES AND DECLARATION THEREOF Are there any activities carried out by your firm or group company or any member of the consortium which are of conflicting nature. If yes, please furnish details of any such activities. If no, please certify, We hereby declare that our firm, our associate / group firm or any of the member of the consortium are not indulged in any such activities which can be termed as the conflicting activities under the para 8 of the RFP.. We also acknowledge that in case of misrepresentation of the information, our proposals / contract shall be rejected / terminated by the PB Archives which shall be binding on us. Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address:

22

ANNEXURE-6

PROFORMA OF BANK GUARANTEE FOR BID BOND

Bank Guarantee No.____________________

Ref:-

To

The Dy. Director General(Archives), Prasar Bharati, (Broadcasting Corporation of India), Akashvani Bhawan, , Parliament Street, New Delhi -110001 Dear Sirs,

1. Whereas the PRASAR BHARATI (BCI), Central & North Archives, NEW DELHI having its head office at Central & North Archives, Parliament Street, NEW DELHI -110001” (hereinafter called the organisation) which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and assignees has floated a RFP No.______________________________________________________________ and M/s ____________________________________________________________ having Registered/head office at __________________________________ (Hereinafter called the "Agency" which expression shall, unless repugnant to the context or meaning thereof, mean and include all its successors, administrators executors and assignees) have submitted a quotation Reference No. __________________ and Agency having agree to furnish as a conditions precedent for participation in RFP as unconditional and irrevocable bank guarantee of Rs_______________________________________________________(Rupees _________________________________________________ Only) for the due performance of Agencies obligations as contained in the terms of the Notice inviting Agencys (NIT) and other terms and conditions contained in the RFP Documents supplied by the Organisation specially the conditions that (a) Agencies shall keep his RFP open for a period of______ days, i.e, from ________________ to _____________ or any extension thereof, and shall not withdraw or modify it in a manner not acceptable to the Organisation(b) the agency will execute the contract, if awarded, and shall furnish performance guarantee in the format prescribed by the Organisation within the required time. The agency has absolutely and unconditionally accepted these conditions. The Organisation and the agency have agreed that NIT/RFP document is an offer made on the condition that the RFP, if submitted would be kept open in its original form without variation or modification in a manner not acceptable to the Organisation for a period of ______________________days, i.e., from _________________ to ____________(__________)or any, extension thereof and that making of the RFP itself shall be regarded as an unconditional and absolute acceptance of the conditions, contained in NIT and the RFP documents. They have further agreed that the contract consisting of NIT/RFP documents as the OFFER and submission of the RFP as the ACCEPTANCE shall be a separate contract distinct from the contract which will come into existence when the RFP is finally accepted by the Organisation. The consideration for this separate initial contract preceding the main contract is that the Organisation is not agreeable to sell the NIT/RFP documents to the agency and to consider the RFP to be made except on the condition that the RFP shall be kept open for the period indicated above and the agency desires to make a RFP on this condition after entering into this separate initial contract with the Organisation promises to consider the RFP on this condition and agency

23

agrees to keep this RFP open for the required period. These reciprocal promises form the CONSIDERATION for this separate initial contract between the parties.

2. Therefore, we ________________________________________ (indicate the name of Bank)under the laws of _____________________________________ having head/registered office at __________________________(hereinafter) referred to as the "Bank" which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators and executors hereby issue irrevocable and unconditional bank guarantee and undertake to pay immediately on first demand in writing Rupees or in such convertible currency as acceptable to the Organisation and all money to the extent of Rs ________________________________ (Rupees ____________________________________________only) at any time immediately on such demand without any demur, reservations, recourse, contest or protest and/ or without any reference to the agency and any such demand made by the Organisation on the bank shall be conclusive and binding notwithstanding any difference between organisation and the agency or any dispute pending before any court arbitrator or any other matter whatsoever. We also agree to give that Guarantee herein this Organisation in writing. This guarantee shall not be determined/discharged/affected by the liquidation, winding up, dissolution or insolvency of the agency and will remain valid, binding and operative against the bank.

3. The bank also undertakes that the Organisation at the option shall be entitled to enforce this guarantee, against the Bank as a principal debtor, in the first instance, without proceeding against the agency.

4. The bank further agrees that as between the bank and the Organisation, purpose of the guarantee, any notice of the breach of the conditions contained in NIT and other terms and conditions contained in the RFP Documents as referred above given to the bank by the Organisation shall be conclusive and binding on the Bank, without any proof, notwithstanding any other matter or difference or dispute whatsoever. We further agree that this guarantee shall not be affected by any change in our constitution, in the constitution of the Organisation or that of the agency. We also undertake not to revoke, in any case, this Guarantee during its currency.

5. The bank agrees with the Organisation that the Organisation shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms of the RFP or get extension of the validity period from time to time. We shall not be relieved from our liability by reason of any such variation or extension of the validity period or for any forbearance, act of omission and commission on the part of the Organisation or any indulgence shown by the Organisation to the said agency or by any such matter or thing whatsoever which under the law relating to sureties, would, but for this provision, have the effect of so relieving us.

6. Notwithstanding anything contained herein above our liability under this Guarantee is limited to Rs________________only (Rupees _____________________________________________________only) in aggregate and it shall remain in full force upto and including 60 days after _______________________ unless extended further (indicate the last date of validity period) from time to time, for such period as may be instructed in writing by M/s _______________________________________on whose behalf this guarantee has been given, in which case, it shall remain in full force upto and including 60 days after the expiry of extended period. Any claim under this guarantee must be received by us before the expiry of 60days from _______________________________________ (indicate the last date of validity period) or before the expiry of 60 days after the expiry of extended period, if any. If no such claim has been received by us within 60 days after the said date/extended date, the rights of the Organisation under this guarantee will cease subject to para 8. However, if such a claim has been received by us within and upto sixty days after the said date/extended date, all right of the organisation under this guarantee shall be valid and shall not cease until we have satisfied that claim.

24 7. In case contract is awarded to the agency here in after referred to as: “contractor" the validity of this Bank

Guarantee will stand automatically extended until the contractor furnished to the Organisation a bank guarantee for Rs__________________________only (in figure) Rupees______________________________________________only (in words) towards performance guarantee for satisfactory performance of the contract. In case of failure to furnish performance bank Guarantee in the format prescribed by this Organisation by the required date the claim must be submitted to us within 120 days after the last date of validity period or extended period, if any. If we have received no such claim within 120 days after the said date/extended date, rights, of the organisation under this guarantee will cease. However if such a claim has been received by us within and upto 120 days after the said date/extended date all rights of the Organisation under this guarantee shall be valid and shall not cease until we have satisfied that claim.

8. The Bank confirms that this guarantee has been issued with the approval of appropriate Exchange Control Authority in ________________________ and any other authority _______________________________________(indicate the name of the country of issue of Guarantee) if required as per the laws of the country of issue of guarantee.

The bank confirms that this guarantee has been issued with observance of the appropriate Exchange Control rules and Regulations of the country.

In witness where of the Bank, through its authorised officer, has lent its hand & stamp on this ___________day of ________ _______ ___________at ___________________________________ of ___________________ (month & year).

Witness No.1 Signature

Signature (Full name in capital Letters)

(Full name and address in capital letters) Designation with bank stamp

Witness No. 2

Signature Attorney as per power of attorney

(Full name and address in capital letters) No________________________ Date_____________________