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Government of IndiaGovernment of IndiaGovernment of IndiaGovernment of India

Central Railway

Pune Division

TENDER DOCUMENT

Tender Notice No. PA/Comml/ C.Pub /

Sole Right/Zone H/PUNE/18 Dt.

05.11.2018

NAME OF WORK- Commercial Publicity for Advertisement in Zone H Cluster ( Platform No.1 & Booking office) of Pune Station Of Pune Division for a period of 05 years.

ISSUED BY

Divisional Railway Manager

(Commercial),

Central Railway, Pune

Issued to…………………………………………………………………..

Cost of Tender Form………………………………………………..

Cost of earnest Money……………………………………………..

Office Address-

DRM building, DRM(Commercial)

RBM Road, next to hotel Sheraton Grand,

Pune 411001.

Signature of Applicant of 31 Signature of Sr.DCM/Pune

TENDER INDEX BOX

Sl. Name Description Page Nos.

No.

1 Chapter - I Tender Notice 03

2 Chapter - II Technical offer & 04

Acceptance

3 Chapter - III Check list to be submitted 05

4 Chapter - IV Undertaking 06

5 Chapter - V Special Conditions of 07-14 Contract

6 Chapter-VI Draft Agreement 15-28

7 Annexure- I & II Size and area 29-30

8 Packet - “B” Tender Form : Packet “B” 31

(Financial Offer) – Must be

detached from Tender

Document and sealed

separately in envelope of

Packet “B”

XXXXXXXXX

Signature of Applicant of 31 Signature of Sr.DCM/PA

CHAPTER – I (Tender Notice)

CENTRAL RAILWAY

Office of the Divisional Railway Manager (Commercial), Pune.

Tender Notice No- PA/Comml/C.Pub / Sole Right/ Zone H/PUNE/ 18 Dt 05.11.2018

Sealed tenders under Two-Packet-System are invited on behalf of "President of

India" by the Divisional Railway Manager (Commercial), Central Railway, Pune in prescribed

format from Advertisers, Advt. agencies licensing for display of advertisements, through Glow Sign Boards, Painted Boards etc.

ZONE Total

Area

Available

(SQFT)

Reserve Price

for 1st year

(Rs.)

(excluding

GST)

Contract

value ( for 5

years)

Earnest

Money

Deposit

(Rs)

Cost of

Tender

Document

(Rs.)

Zone ‘H’ :

PLATFORM No 1

AND BOOKING

OFFICE OF PUNE

STATION ZONE

3154 40,71,814/- 2,16,21,334 21,62,140 10000

Eligibility Criteria:

(a)The participating agencies should have a minimum experience of 2 years in

advertising or a related field.

(b)The annual turnover ( in last two years) of participating agency should be of 50% of

the first year reserve price.

1. Period of Contract: Five years (05 years) & the license fee shall escalate by 10% each

year after the end of the first 3 years of the contract

2. Security Deposit: Amount equivalent to (06) six months license fee of 5th year.

3. Date and time of closing of sale of tender form: At 17.00 hrs on 10.12.2018

4. Date and time of closing of tender: On 11.12.2018 at 15.00 hrs.

5. Time and date of opening: On 11.12.2018 at 15.30 hrs (* if due to any reason, the

date of opening is declared as holiday the tender will be opened on next working day at

same time and place

6. Validity of offer: 90 days from date of opening

7. Website: www.cr.indianrailways.gov.in.

8. Office of the address from where the tender form may be purchase: Office

of the Divisional Railway Manager, Commercial Branch, Publicity Section,

First Floor, Near Hotel Sheraton Grand, RBM Mill Road, Pune,Pin:411001.

9. The renderer can download the tender document through internet also, in

such case in addition to Demand Draft towards Earnest Money Deposit, a

separate Demand Draft drawn in favor of Senior Divisional Finance

Manager, Central Railway, Pune should be submitted towards the cost of

tender form.

10. For any enquiry, you may contact this office or on the telephone No.

020-2610515 on any working days from 11:00 hrs to 17:00 hrs. Railway

reserves the right to accept the work in full or part or reject the tender in

full or part without assigning any reasons. Conditional offers will

summarily be rejected.

-/-Divisional Railway Manager (Commercial)

Pune


Chapter-II

(Technical offer & Acceptance)

(Technical Offer)

(Packet-A)

To, The President of India,

Acting through,

The Divisional Railway Manager (Commercial), Central Railway, Pune

Sub: Commercial Publicity for Advertisement in Zone ‘H’ Cluster (Platform no.1 & Booking office) of Pune Station Of Pune Division for a period of 03 years

Ref: PA/Comml/ C.Pub / Sole Right/ Zone H/PUNE/ 18 Dt. 05.11.2018

Dear Sir,

With reference to the Tender Notice issued by Divisional Railway Manager (Commercial), Pune Division, on behalf of President of India inviting sealed tenders through Two-Packet-System from the willing parties for Advertisement rights contracts in Zone ( H) Pune Division, I / We hereby tender. My / Our information is as stated below –

Sl.No Description Remarks/Details

1 Full Name of the Applicant

2 Tender with which status (Agency / Firm /

individual)

3 Full Name of the Agency / Firm / individual on

whose name you are submitting the Tender

4 Full address of Business (for Correspondence)

along with contact number

5 Full address of Residence along with contact

number

6 E-Mail address

7 Bank Account Details along with proof

8 Pan Account Details along with proof

9 GSTIN Details along with proof

10 Cost of Tender Documents & Earnest Money

11 Past experience in advertisement field.

12

Annual Turnover for last two financial years

of the Applicant / Agency / Firm on whose

name Tender is submitted ( 2016-17, 17-18)

13

Whether the Applicant / Agency / Firm has

been debarred / Blacklisted by any Railway

Administration, Government of India, State

Government or any other Civic body?

(Affidavit should be submitted)

14 Details of Applicant’s / Agency’s / Firm’s

registration


Chapter- III

CHECK LIST TO BE SUBMITTED

Following documents are must and need to be enclosed with Packet –“A” (Check List): -

1 True Copy of Proof of Identification of the Person Signing the Yes No

Tender document (PAN card / Passport / Driving License/Aadhar card)

2 True Copy of Registration Certificate of the Firm/Agency Yes No

issued by Competent Authority.

3 True Copy of partnership deed in case of partnership Yes No

Firm/Agency along with the certificate of registration issued

by Competent Authority.

4 True Copy of Power of Attorney of the Managing Partner to Yes No

Sign the Tender Document or legal authority of power to Sign

the Tender Document.

5 True Copy of the documents showing address of Business and Yes No

address of Residence.

6 True Copy of PAN Card number of the Applicant / Agency / Yes No

Firm on whose name Tender is submitted.

7 True Copy GST certification and last GST Returns submitted Yes No

by the Applicant / Agency / Firm on whose name Tender is

Submitted if any.

8

Annual turnover details/ Audited balance Sheet for the last two years duly signed and stamped by Chartered Accountant Yes No

showing financial statue of the Applicant / Agency /

whose name Firm on Tender is submitted (2016-17, 17-18

9 The Tenderer shall have to furnish an affidavit on Non-Judicial Yes No

stamp paper of Rs.100/- duly Notarized indicating that He/

She/They have not been debarred / Blacklisted by any

Railway Administration, Government of India, State

Government or any other Civic body.

10 Tenderer has to submit a “Testimonial” indicating Profession Yes No

and nature of the business and period of business. This should

also include with Reorganization as advertisement agency by

Competent Authority and past experience in advertising field.

11 Money Receipt OR Original Demand Draft towards cost of Yes No

tender document.

12 Original Money Receipt OR Original Demand Draft towards Yes No

Earnest Money Deposit (EMD), as applicable.

13 Any other relevant information / documents, which the Yes No

tenderer may consider appropriate, including their expertise

and experience in the areas for which tenders have been

Invited.

14 Tenderer should note that all the documents enclosed must Yes No

be within the limitations mentioned above. Further all the

enclosures in packet-“A” preferably be in A-4 size paper.

15

Bank Statement for last 06 months & Bank Account Details Yes No


CHAPTER-IV

UNDERTAKING

1. I / We have read carefully the entire tender document and understood the terms and conditions governing for licensing for Open Tender for licensing for display of advertisements, through Glow sign/Hoardings/printed Boards etc. of Zone H ( PF No. 1 & booking office area of Pune Station) of Pune Division of Central Railway (Through Two Packet System) and hereby agree to abide by the said conditions.

2. Until a formal agreement is prepared and executed, the acceptance of this

tender by Pune Division Central Railway administration either wholly or as to a part only thereof shall constitute a binding contract between myself/ourselves and Railway Administration.

3. I/We shall keep the offer valid for a minimum period of 90 days from the date of opening of Packet “A” of the tender.

4. I/We have not tampered/modified with the any part of the document in any manner. In case if the same is found to be tampered/modified I/We understand that my/our tender will liable to be rejected and full earnest money will be forfeited and I/We am/are liable to the banned from doing business with Railways and/or will be brought under relevant legal action.

5. I/We understand that I/We must give all required documents mentioned above. If I/We does not fulfill any of the above eligibility criteria/document, as mentioned above, I/We will be disqualified for opening of Financial Offer / Price Bid i.e. Packet “B”.

6. I/We understand that if it is found that I/We have quoted Financial Offer / Price

Bid in packet “A”, I/We am/are liable to be disqualified.

7. Packet “B” (Financial Offer) – The Packet “B” (Financial Offer) should contain only the Schedule of Rates i.e. Financial bid part of this Tender Document. No other documents are to be given in this bid.

8. I/We understand that Conditional and ambiguous offer is liable to be rejected.

9. In the event of my/our tender being accepted. I/We agree to pay the Quarterly license fee in advance and, Six month of 5th year license fees as security deposit and other charges within the time as indicated by Railway Administration in the letter of acceptance and sign an agreement within the stipulated time period.

10. I/We hereby declare that information furnished above are correct to the best of my/our knowledge and belief, if any information furnished by me found incorrect, wrong and fabricated, Railway Administration is free to terminate my license at any time.

Place

:

……………………..

Signature of the Tenderer

: …………………………………………………...

Date

: ……………………..

Name of the Signatory

: …………………………………………………….

: ……………………………………………..


CHAPTER –V

Special Condition of Contracts

1. ADVERTISEMENT SPACE: -

1.1 Medium and Area of Display – Station / Location / Site, type of advertisement along with display area (in Sq.Ft.) allowed to be displayed under this contract is as specified in Annexure-I & II.

1.2 The tender is for the areas specified in Annexure- I & II, which are under the control of Railway Administration of Pune Division of Central Railway.

1.3 The Railway Administration will not provide any structures for display of glow sign, unipoles, Boards, banners, flex etc. The Licensee will have to erect/hang display media at his/her own cost.

1.4 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 shall be given if display boards or other structures are removed as per direction of railways & other suitable location is not available for relocate the same in allotted zone.

1.5 Display Plan –

1.5.1 At the beginning of the contract, the licensee will be required to submit the display plan of the advertisement to be displayed to the Railway Administration for approval before physical execution of the work.

1.5.2 The licensee shall submit/show the text design of all the advertisements to be displayed and obtain prior approval of the Railway Administration for such displays. The licensee will submit a safety certificate from Sr. Section Engineer (works) & Chief Commercial Inspector regarding the safety aspect of structure/hoardings erected by him and non-infringement of Railway track by the same if any. 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.

1.5.3 Railway reserves the right to disallow publicity which, in the opinion of Railway, have a bearing on safety, aesthetics, security, synchronicity with existing / blocked sites and anything which violates the laid down Railway procedures/norms.

1.5.4 Approval for electrical connections (if required) will be provided by Sr. DEE (TR)/PA separately. Licensee will bear the cost of electrical estimate, meter charges, electrification charges and electrical consumption charges apart from License Fee of the contract.

2. PERIOD OF CONTRACT –The entire period of contract shall be for 05 (Five years, in a manner as specified in the Terms & Conditions of this Tender Document.


3. EARNEST MONEY DEPOSIT (EMD)–

(a) Each Bidder intending to participate in this Tender shall make a corresponding payment of INR 21,62,140/- for Zone ‘H’ as EMD through Money receipt, Demand Draft/ or bankers‟ cheque issued by nationalized or scheduled bank in favour of Sr. Divisional Finance Manager, Central Railway, Pune Payable at Pune. The original EMD payment instrument shall be submitted in physical form at the office. Technical Bid submitted without the EMD shall be summarily rejected by the Authority. EMD in the form of bank guarantee/FDR shall not be accepted by the Authority.

(b) EMD of the unsuccessful Bidders shall be returned to such Bidders after

completion of the Bidding Process but the Authority shall not be liable for any loss or depreciation of the EMD while in its possession nor shall it be liable to pay any interest thereon.

(c) EMD will be forfeited on account of one or more of the following reasons: (i) Bidder withdraws the Technical Bid or Financial Bid within the Bid validity

period. (ii) Bidder does not respond to requests for clarification or fails to provide

required information during the evaluation process of the Technical Bid and its supporting documents.

(iii) Bidder resorts to unethical practices or any practice that may mar the

chances of competing Bidders in the form of complaints / right to information applications/ newspaper reporting about competing Bidders post the phase when the Notice Inviting Tender has been published.

(iv) Bidder is found to be in Conflict of Interest. (v) Selected Bidder fails to sign documents comprising the License

Agreement or fails to fulfill the preconditions set out under the LOA. (vi) Selected Bidder fails to furnish the Security Deposit in time.

(d) The EMD of the Selected Bidder will be returned after the Security Deposit has

been furnished by the Selected Bidder or shall be retained as security deposit and the balance amount shall be paid by the bidder.

(e) The Bidder whose EMD is forfeited under clause shall not be allowed to

participate in the event of re-tendering of the Zones as per general Conditions of Contract.

4. VAILIDITY – Tenderer(s) shall keep the offer valid for a minimum period of 90 days from the date of opening of Packet “A” of the tender.

5. RIGHTS- The Railway reserves the right to cancel / reject any tender or the

entire tender process without assigning any reason. The authority for the acceptance of the tender will rest with the Railways. It shall not be obligatory on said authority to accept the highest tender or any other tender and no tenderer(s) shall demand for declining to consider or reject any particular tender or tenders.

6. The tenderer before participating in the tender should visit physically the sites/locations of the tender and satisfy themselves/himself that they/he may display the hoarding/Boards advertisements at the particular site/location, as per Law of the Land, by obtaining necessary permission from appropriate authority, within the stipulated time period, if the site/location is awarded to them/him after tender, by issue of Letter of Award. For any clarification, he can contact DRM(C) office, publicity section or Phone no.02026105115.

7. The successful tenderer shall have to pay GST applicable as per extant norms and other applicable taxes as per Law of the Land and obtain necessary


permission from concerned authorities. In case of any failure in getting such permissions, successful tenderer will be entirely responsible for any lapses and the Railway administration shall not be liable for payment of any sum or reimburse any payment made in this regard by the licensee.

8. TENDERING PROCEDURE - The tender is invited under two packet system therefore both the packets i.e. packet “A” (Technical Offer) and Packet “B” (Financial Offer) must be sealed and stapled/pasted separately in a single Master Cover.

9. COVERS / ENVELOPES (MASTER, PACKET A & PACKET B) - It will take three covers / envelopes to submit the Tender Documents i.e. the Master Envelope, Packet “A” Envelope and Packet “B” Envelope.

a. THE PACKET “B” (FINANCIAL OFFICER) COVER / ENVELOPE – I) The Packet “B” Envelope will contain only Packet “B” (Financial Offer) part of

this tender document, without any other document or enclosure.

II) They should also ensure that they had quoted / mentioned their Financial Bid / Financial Offer correctly (without any over writing / Correction / using whiteners) in the figures & words and signed the document properly.

III) The envelope must be sealed separately and must be super scribed with following matter & manner (Xerox of this may be used as sticker) –

Packet “B” (Financial Offer)

Tender Notice No. :

Name of Work :

:

To, The Sr.DCM /PA/CR, RBM Road

Near Hotel Sheraton Grand, Pune –

411001

From,

b. THE PACKET “A” (TECHNICAL OFFER) COVER / ENVELOPE –

I) The Packet “A” (Technical Offer) Envelope will contain all the pages of the Tender Document and all the enclosures, except the Packet “B” (Financial Offer) part of this tender document.

II) Tenderer / Applicant should not mention his / their Financial Bid / Financial Offer on any part of Packet “A”.

III) They should ensure that they had filled up their Technical Offer correctly

and enclosed all the relevant papers (A-4 size is preferable for all the enclosures) in the support of the same (as specified the Tender Document) and also that they had signed all the pages of the tender document properly.

IV) Tenderer/Applicant should fill the information correctly in the Item of the Packet “A” Form, regarding purchase of tender document and must attach the Money Receipt OR Demand Draft, as applicable, in original, of requisite


amount with Packet “A”. They should also ensure correct filling of Earnest Money Deposit (EMD) and must attach the Money Receipt or Demand Draft (as applicable) of requisite amount with Packet “A”.

V) The envelope must be sealed separately and must be super scribed with following matter & manner (Xerox of this may be used as sticker) –

Packet “A” (Technical Offer)

Tender Notice No. :

Name of Work :

:

To, The Sr.DCM /PA/CR, RBM Road


411001

From,

c. THE MASTER COVER / ENVELOPE –

I) The MASTER COVER / ENVELOPE will contain above two packets i.e. the sealed cover of Packet “A” (Technical Offer) envelope and sealed cover of Packet “B” (Financial Offer) envelope.

II) The envelope must be sealed separately and must be superscribed with following matter & manner (Xerox of this may be used as sticker) –

Tender Documents

Tender Notice No. :

Name of Work :

Zone :

To,

The Sr.DCM /PA/CR, RBM Road


411001

From,

11. COST OF TENDER DOCUMENTS - Cost of the non-transferable/Non-Refundable Tender Document is Rs.10000/-. One should apply / submit the Tender by getting Tender Form as specified. Applicant should fill the information correctly in the Packet “A” Form, regarding purchase of tender document and must attach the Money Receipt (in original) OR Demand Draft (as applicable, in original) with Packet “A”, in absence of which the tender will liable to be rejected.

12. SIGNING THE TENDER DOCUMENT - The authorized signatory of the firm/ company/ agency/ tenderer should sign each and every page of the Tender


Documents (at specified places) and all the documents accompanying the tender form with all the enclosures (only exception is Demand Drafts). Tenderer should also ensure that all the pages of the tender document have been submitted in order without any alteration.

13. FILLING UP THE TENDER FORM - The tenderer may please note that he/they must use Blue Ballpoint pen to fill up the tender document. The rates for items should be written in figures and in words clearly without any correction overwriting / using whiteners etc. Tenderer should also ensure that the requisite information must be entered in relevant field only.

14. NOTE - Non-compliance of any of the condition(s) set forth herein & tender document may liable for rejection of offer. NO special conditions of Contractor shall be entertained by the Railway Administration. Special conditions may lead to rejection of offer.

15. Mode of Submission or Tender forms - agencies / advertisers / firms can submit the Tender documents by two modes – In person or through Registered Post.

A. IN PERSON – The tenderer(s)/applicant can submit their duly filled and sealed / packed tender documents in aforesaid manner (i.e. Master Cover / Envelope), after registering, get dropped in the Sealed Tender Box kept in the office of the Divisional Railway Manager (Commercial), Central Central Railway, Pune on or before 15.00 Hrs of 11.12.2018

B. THROUGH REGISTERED POST – The tenderer(s)/applicant may also sent/submit

their duly filled and sealed / packed tender documents in aforesaid manner (i.e. Master

Cover / Envelope), under Registered Post with Acknowledgement due so as to reach the “DRM building, DRM(Commercial)RBM Road, next to hotel Sheraton Grand,

Pune 411001., on or before 15.00 Hrs of 11.12.2018 The Railway Administration will

not be responsible for any delay in the late receipt of the tender on account of Postal

Administration.

16. Over writing and alteration in tender document is liable to be rejected outright. The tender form without signature is liable to be rejected. Tenderer must attest any correction made by them. No correction on the typed script of tender form issued by Railway administration will be allowed. Tenders containing erasures and /or alterations of the tender documents are liable to be rejected. No advice of any changes in rates or conditions after opening of the tenders will be entertained.

17. If the tenderer(s) deliberately give wrong information in their tender or create circumstances for acceptance of their tender, Railway administration reserves the right to reject such tenders at any stage.

18. Commencement of contract:- Unless a later date is mutually agreed upon in writing the contract shall commence within Sixty days from the date of issue of LOA (Letter of Award of Tender) by the competent authority or from the date of exhibition of First advertisement whichever is earlier.

19. If the licensee fails to submit the advertisement plan within a period of 30 days

from the date of issue of LOA, the Railway Administration may terminate the

contract and forfeit the full license fee and security deposit. No claim of the

licensee for the refund of license fee or security deposit will be entertained.

Railway shall not be responsible for delay in submission of advertisement plan


It will be the sole responsibility of the contractor to submit the display plan within 30 days from date of issue of LOA and execute the work.

20. License Fee – I. The offer of Tenderer as accepted by the Railway Administration shall be the

Annual License Fee of the Contract for the first year.

II. The Tenderer shall pay Annual License Fee on quarterly basis, in advance, as per the period of contract, before commencement of each contract period.

III. There will be 10% of escalation per year in license fee after the end of the first 03 years .

IV. All payments should be made by Demand draft / drawn in favour of the “Sr. Divisional Finance Manager, Central Railway, Pune” and payable at “Pune”.

V. Failure in Payment -In case of any default or delay on the part of the Contractor in payment of installments within 15 days of the beginning of a quarter, Railway administration shall be at liberty to recover the same from the EMD/security deposit and / or Contractor shall be charged interest at the rate of 18% per annum on the outstanding amount for the default period, along with the installments to be paid by the Contractor. Further In the event of failure of payment of license fee or any other charges payable to the Railway Administration, the Railway Administration will be at liberty to forfeit Earnest Money/Security deposit/claim on bank guarantee, and discontinue the displays forthwith and confiscate the advertisement and other materials of the licensee without prejudice to any rights of the Railway administration and to cancel the contract and also black list the agent/agency and cancel his recognition as an authorized agen

21. SECURITY DEPOSIT – (a) The Railways shall receive security deposit for an amount equivalent to the 6

(Six) months of last year License fee by way of an irrecoverable bank

guarantee issued by a Nationalized Bank or a Scheduled commercial Bank (approved by RBI) in the name of Senior Divisional Finance Manager,

Central Railway Pune. The validity period of BG should be 6 months more than the total contract period.

(b) For each License Agreement executed by the Selected Bidder, the Selected

Bidder shall, (i) Within 30 (thirty) days of issue of the LOA, furnish Security

Deposit of an amount and form as described.

(c) The Security Deposit will be returned within a period of not less than 60 (sixty) days but no more than 180 (one hundred and eighty days) on satisfactory completion of the License Term taking into consideration that all dues of the Railway Authority are cleared and no amounts are owed or due including any amounts towards any loss sustained as aforesaid. The Licensee will have to submit a „No Claim‟ certificate to the Authority before their Security Deposit is released by the Authority. Railway Administration shall have right to adjust the security deposit in part/in

full for any due payment. The security deposit will be forfeited for a breach of the agreement

(d) If the Selected Bidder fails to furnish the Security Deposit in terms of Clause in respect of any of the License Agreements, its EMD will stand forfeited in favor of the railway .Railway may, in its sole discretion, terminate the License Agreement in accordance with the terms of the License Agreement and the Security Deposit already furnished may be invoked and amount thereof shall stand forfeited in favor of the Railway. It is clarified that right to enforce the Security Deposit or to make any adjustments or deductions shall survive termination of the License Agreement.


22. Apart from the conditions mentioned herein, the conditions of the prevalent general policy of advertisement contracts & General Conditions Of Contract along with latest correction slips shall, also apply in this contract agreement. If there is any revision in terms and conditions by the Railway Board at any point of time the same will be applicable and binding.

23. In the event of failure of tenderers part to comply with all or any of these requirements within the time as mentioned in the letter of acceptance, the earnest money deposit shall be forfeited and appropriated by the Railway Administration not as a penalty, but as ascertained liquidated damages without prejudice to any of the rights of the Railway Administration to claim damage from me/us for breach of contract.

24. All costs/expenses incidental for the preparation and completion of agreement, including stamp duty shall be borne and paid by the successful tenderer.

25. ERRORS, OMMISSIONS & DISCREPANCIES: The tenderer 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.

26. Opening of Tender: The Packet “A” of the Tender will be opened in the office of the Divisional Railway Manager (Commercial), Central Railway, Pune on 11.12.2018 at 15:30 hours in presence of the intending Tenderer(s) or if any or their duly authorized representative with proper identification, as may choose to be present at the time.

27. The Tender committee will short list the eligible bidders for the tender on the basis of EMD and other documents presented in the packet ‘A’. The eligible bidder will be intimated the date and time of opening of packet ‘B’ (financial bid). Packet ‘B’ (financial bid) shall be opened in respect of those tenders only which are found suitable as per Packet ‘A’. In case the Technical bid submitted by any of the tenderer is not found suitable, the financial bid of such tenderer will not be opened and Earnest Money submitted will be refunded within the reasonable period

28. The Display plan should have the clearance of Sr.DCM/PA every time an advertisement is actually displayed.

29. 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 heavy penalty shall be imposed.

30. Railway reserve the right for displaying information regarding passengers,

Railway services, signages, safety precautions, social, Messages etc at the sites and space which it feels justified.


31. Modus Operandi of the contract:

i. The tender is meant for all new sites for display of advertisement through existing media as well as new media along with all the existing commercial publicity contracts. The areas for display of advertisements, vacant sites and

existing contracts are given in the Annexure ‘ I & II’. ii. The main object of this tender is to shape the Railway stations up to the

international standards for exhibition of media for advertisements. The spectrum of media can be conceptualized at the sites of Railway stations from low cost to high cost and put in value to the sites with expectations of

good rate of returns to the agency, market and Railways. iii. The tender is for the areas of the Railway stations, which are under the

control of Railway Administration of Pune Division of Central Railway. iv. All types of existing contracts will be handed over to the Licensee after

ending of their contractual period. The contract period of existing sites and

sites developed and displayed during the contract period of zone/cluster contract will co-terminated with the original expiry date of zone/cluster

contract irrespective of the period these sites are in display.

v. The publicity contracts for display of advertisements through new

concepts/ideas will be subjected to scrutiny and approval of the department

concerned and Railway Board policy.

vi. The party can also identify the new sites for display of various media at various locations of stations. The party should submit the location plan and

media display plan and structural designs to the Railway Administration for approvals.

vii. The party shall be allowed to develop new sites and re-develop the vacant sites with necessary approvals.

viii. The party can modify the locations and upgrade the media of existing sites

after taking charge of these sites subject to necessary approvals. ix. The Railway Administration will not provide any structures for display of

hoardings, glow signs/neon signs and other media. The Licensee will have to erect and display media at his own cost.

x. The Licensee should submit the display plan for existing or new sites for prior

approval before physical execution of the work. Advertisements should not interfere and obstruct railway signages etc.

xi. After the zone/cluster contract comes into force, the Railway Administration will not extend the period of any existing publicity contracts.

xii. The Railway Administration will not lay down any tariff for publicity for individual sites when the zone contract comes in to force. 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 desired.


CHAPTER – VI (Draft Agreement)

AGREEMENT FOR LICENSING OF DISPLAY OF ADVERTISEMENTS AT

………………………………………………………………………………………………

OF PUNE DIVISION OF CENTRAL RAILWAY.

This agreement is made on this……………….day of ………….……Two Thousand …………….

between Agency/Firm/Individual …………………………………………….……………………………………………………………. Proprietor/Director/Partner/Individual Shri/Smt./Ku. ..……………………...………………….…….. Address at ………………….…………………………………………………………………………… hereinafter called as

“Contractor” and the President of India acting in the premises through the Divisional Railway Manager (Commercial) of Pune Division of Central Railway Administration at Pune hereinafter referred to as “The Railway Administration”. In consideration is/was being permitted for licensing out space/media etc. for

advertisements at ……………………………………………….………………

…………………………………………………………………. of Pune Division of Central Railway for a period of 05 years from ………….……….. to …………….…..….. at an initial Annual

license fee of Rs…………………………(In words

Rs……………………………………………………………………………………….),whereas Agency/Firm/

Individual …………………………….……………………………………………………………………….….………… the

licensee/contractor do hereby agree to abide by the following Terms & Conditions:-

TERMS AND CONDITIONS

1. DEFINITION: - In these conditions THE PRESIDENT OF INDIA is referred to as 'THE PRESIDENT'. Powers conferred upon the President and all consents, directions, approvals and actions as may be required to be exercised/given/taken by him, unless otherwise expressly provided, shall be exercised/given/taken by the Divisional Railway Manager (Commercial), Central Railway, Pune or any other officer deputed by the General Manager / Central Railway. The Central Railway is here-in-after referred to as the, “RAILWAY ADMINISTRATION”.

2. SERVICE OF NOTICE: -

2.1 Any notice to be served to the Contractor shall be deemed to be sufficiently served, if addressed to the Contractor and delivered or sent by Registered Post to the Contractor at his last known place of business.

2.2 Any notice to be served by the Contractor on the President shall be deemed to be sufficiently served if addressed to and/or delivered at the office or sent by Registered Post to the Divisional Railway Manager (Commercial), Central Railway, Pune.

3. ADVERTISEMENT SAPCE: -

3.1 Medium, Size and Area of Display– Station / City / Location, type of advertisement along with Size and area (in Sq.Ft.) allowed under this contract is as specified in Annexure-I & II.


3.2 This contract will provide rights to the Contractor for display of advertisements on Railway areas specified in Annexure-I, through display of Glow sign, /Unipoles/Flex/Board etc..

3.3 The contractor can also identify the additional display area for the same sites. They should submit the location and media display plan and structural designs to the Railway Administration for approvals. They should pay proportional license fee if the display area is more than the area allotted as mentioned in Annexure-I & II.

3.4 In case the Contractor desires to utilize additional area, he shall obtain prior written permission from Divisional Railway Manager (Commercial), Central. Railway, Pune. If it is found that the Contractor has displayed additional advertisement area without permission, he is liable to be charged for such excess space, five times of the proportionate license fee as penalty for such displays. In addition, the administration has the right to take away all such advertisement materials at the Contractor's cost.

3.5 The Railway Administration will not provide any structures for display of Hoardings/Uni-poles/Flex/Boards. The Contractor will have to erect and display media at his own cost. He must also take away all material & boards within 07 days of termination/end of contract.

3.6 The Railway Administration will not lay down any tariff for publicity for individual sites on Contractor. The Contractor is free to decide the tariff to be charged from its clients.

3.7 Railway will reserve 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 Contractor.

4. Period of contract –The entire period of contract shall be for 05 (Five) years.

5. License Fee –

5.1 The Contractor/Tenderer shall pay License Fee on Quarterly basis, in advance, as per the period of contract, before commencement of each

contract period. Ist installment of license fee shall be paid within 15 days of receipt of the letter of allotment.

5.2 All the space allotted, whether used or not by the Contractor within the specified period, shall be paid for by the Contractor and no remission or deduction out of the chargeable amount shall be allowed by the Railway Administration, except as provided for in the clause 8.1 & 8.2 below. They also have to pay the electrical consumption charges at prevailing rates, if applicable.

5.3 Penalty Clause for payments- In case of any default or delay on the part of the Contractor in payment of installments, Railway administration shall be at liberty to recover the same from the security deposit and / or Contractor shall be charged interest at the rate of 18% per annum on the outstanding amount for the default period, along with the installments to be paid by the Contractor.


5.4 In case of failure of payment of license fee by the contractor in terms of para 13.1, Sr. DCM shall issue 7 days notice for termination of contract and if the party fails to respond within the 7 days of such notice, 48 hours notice for termination of contract if party fails to respond within 48 hours of such notice, a final 24 hour notice followed by notice for termination and forfeiture of Security Deposit/ Performance Guarantee shall be issued to the Contractor by Sr.DCM for clearance of premises and black list the Contractor Agency and cancel his recognition as authorized agent.

5.5 In the event of such termination, the Contractor shall remove the hoardings, boards etc. forthwith without prejudice to the Railways right to realize the dues and in case of such immediate non-removal, the materials, afore-said, shall became the property of the Railway Administration and the same shall be disposed of, as deemed fit.

5.6 All payments should be made by Bank Draft of any scheduled / Nationalized Bank, drawn in favour of the “Sr.Divisional Finance Manager, Central Railway, Pune” and payable at “Pune”.

5.7 Escalation clause: the license fee shall escalate by 10% each year after the end of the first 03 years of the contract

5.8 The successful tenderer shall have to pay GST applicable as per extant norms and other applicable taxes as per Law of the Land and obtain necessary permission from the concerned authority. In case of any failure in getting such permissions, successful tenderer will be entirely responsible for any lapses and the Railway administration shall not be liable for payment of any sum or reimburse any payment made in this regard by the licensee.

6. SECURITY DEPOSIT

6.1 The Railways shall receive security deposit for an amount equivalent to the 6

(Six) months of LAST year License fee by way of an irrecoverable bank guarantee/ issued by a Nationalized Bank or a Scheduled Bank (approved

by RBI) in the name of Senior Divisional Finance Manager, Central Railway Pune. The validity period of BG should be 6 months more than the total contract period.

6.2 For each License Agreement executed by the Selected Bidder, the Selected Bidder shall, (i) Within 30 (thirty) days of issue of the LOA, furnish Security Deposit of an amount and form as described.

6.3 Security Deposit will be returned within a period of not less than 60 (sixty) days but no more than 180 (one hundred and eighty days) on satisfactory completion of the License Term taking into consideration that all dues of the Railway Authority are cleared and no amounts are owed or due to the Divisionall Authority including any amounts towards any loss sustained as aforesaid. The Licensee will have to submit a „No Claim‟ certificate to the Divisional Authority before their Security Deposit is released by the Authority.

6.4 If the Selected Bidder fails to furnish the Security Deposit in terms of Clause in respect of any of the License Agreements, its EMD will stand forfeited in favor of the Authority .Authority may, in its sole discretion, terminate the


License Agreement in accordance with the terms of the License Agreement and the Security Deposit already furnished may be invoked and amount thereof shall stand forfeited in favor of the Authority. Railway Administration shall have right to adjust the security deposit in part/in full for any due payment. The security deposit will be forfeited for a breach of the agreement It is clarified that right to enforce the Security Deposit or to make any adjustments or deductions shall survive termination of the License Agreement.

7. Termination -

7.1 The Railway Administration reserves the right to terminate the contract fully or partially, without assigning any reason / reasons at any time, by giving notice of not less than 30 days and the Contractor shall not

be entitled to any damages or Compensation by reason of such termination other than the proportionate abatement of license fee for

the period of non display. on expiry of such notice, the Contractor shall have to remove all his advertisements materials and surrender the space as vacant and restore the same to its original state, failing which the Railway

Administration shall have the right to remove the same, without any further reference to the Contractor and expenses for such removal thereof shall be

borne by the Contractor. In the course of such removal, if there is any loss or damage to any property of the Contractor, the Railway Administration shall not in any way be responsible for the same. Contractor shall not be entitled to any

damages or compensation by reason of such termination other than the proportionate abatement of license fee the period of non-display.

7.2 The Railway reserves the right to terminate the contract in case of non-performance or unsatisfactory performance, as per general conditions of the contract after serving 07 days notice. In that event, the security deposit of the Contractor shall be forfeited.

7.3 In case the Contractor fails to start the work within the given period and is not willing to continue the contract, the paid license fee/EMD and security deposit will be forfeited and the contract will be terminated.

7.4 Right of Refusal- The Right of refusal shall be offered to the license after completion of contract period.

7.5 In case of breach of any of the conditions mentioned herein this agreement shall be liable to be terminated without assigning any reasons and the decision of the Divisional Railway Manager (Commercial) in this regard will be final and binding on the Contractor. In that event, the security deposit of the Contractor shall be forfeited.

7.6 The Railway administration shall not be responsible for any loss or damage caused to the Contractor, to any financial agencies, to any commercial outfits, etc due to partial or total discontinuation of this scheme under the agreement or termination of the contract for any reasons whatsoever.

8. General Conditions: -

8.1 This contract is entered into on the express understanding that if for any reasons/cause the Railway Administration is unable to provide the space to exhibit either in full of in part of the period of the contract, the Railway Administration will allow from the license fee a proportionate refund for the Un-expired period of the contract. No other claim on account of such


inability shall be made or be maintainable by the Contractor against the

Railway Administration. Proportionate reduction in license fee shall be given if display boards or other structures are removed as per direction of railways & other suitable location is not available ( certified by Station Manager, Commercial Inspector & senior section Engineer(works) or any Railway person authorized by DRM(C)) officer) for relocate the same in allotted zone.

8.2 It shall be necessary for the Railway Administration to remove any advertisement from time to time for the purpose of painting or repairing the

space occupied by such advertisement and no refund of license fees on that account shall be allowed to the Contractor for such non-exhibition of advertisement.

8.3 Discontinue contract either for the whole terms or for any part thereof during the currency of the contract. No other claim on the account shall be made or maintainable by the Contractor against the Railway Administration. The Railway Administration is not bound to assign any reasons for such action as mentioned in items 8.1 & 8.2 above. The Railway Administration will allow from the license fee a proportionate refund for the un-expired period of the contract. In case of any dispute the decision of the Divisional Railway Manager (Commercial), Central Railway, Pune will be final.

9. General Display Conditions: - 9.1 The Contractor shall take prior approval for all the display advertisement

text/material by submitting structure specification diagrams and small size photographs to Railway Administration. The Divisional Railway Manager (Commercial), Central Railway Pune reserves the right to refuse exhibition of any advertising matter which in his opinion, may improper for exhibition and no abatement of license fee will be allowed in such case of non-exhibition.

9.2 Display should not hamper the mandatory indications displayed on the railway area such as Railway station name, important public and railway information, Demarcation of Class and other such legends. Markings for identification and public utility should not be altered.

9.3 The advertisement on all the area/areas need not be similar in text, design, colour scheme and languages. The advertisement should be uniform standard on all the area/space and it should be of good quality and aesthetically presentable. The design and colour scheme should be suitable to the similar environment of the area. All the displays should be aesthetically pleasing as deemed by the Railway administration. One design and text of Advertisement would be preferred, as this would in addition to giving an aesthetic look also give a sense of branding to the railway area.

9.4 Day-to-Day upkeep of the advertisements including installation / fabrications

/ painting / wrapping / mounting / dismounting / removal or repairs during the period of contract shall be responsibility of the Contractor completely at their own risk and cost. The work will be done under the supervision of nominated supervisor.

9.5 The contract is entered into the express understanding that while every care will be taken of the advertising materials supplied by the Contractor. The Railway Administration shall not be responsible for loss, destruction of damage, if any during the period of exhibition or for return of such any, during the period of exhibition or for return of such materials on termination of the contract.

9.6 It has to be ensured by the Contractor that the Advertisements displayed are decent and do not give a cheap or vulgar appearance.

9.7 The advertisements will be subject to the normal restriction in respect of certain category of advertisement such as smoking, erotic background


scenes, competitive advertisements from any Road transport companies and

from private Insurance companies offering policies against Railway accidents. The advertisement should not propagate any religion or religious belief and

should not have pictures of the leaders of a particular section or religion.

9.8 Liquor, bidi, gutkha, cigarette or any other tobacco product, competitive

advertisement from road or any transport companies, from insurance

companies offering policies against Railway accidents and surrogate

advertisements that are considered objectionable in the eyes of the law or

otherwise shall not be displayed. Advertisements should not give a cheap or vulgar appearance. Advertisements should not offend the public taste, should

not propagate any religion or religious belief, they should not have any

communal bias. They should not bear name and pictorial representations of national leader, martyrs for trade and business purpose. They should not project picture of a particular leader of a particular religion or sect etc. Advertisements prohibited under various acts and laws of the government shall not be displayed. There shall not be any sort of obscenity in the design

and matter of the advertisement material. The contractor shall be fully liable

for any contravention in this regard and shall be liable under the law of the

land.

9.9

Every display boards which is permitted shall display the Name & Contact

Number of the contractor

9.10 Advertisements that are considered objectionable in the eye of law or other side shall not be displayed. Advertisements prohibited under various acts and

laws of Central/State Governments and various local Government bodies

shall not be displayed. There shall not be any sort of obscenity in the design

and matter of advertisements material. The Contractor will be fully liable for any contravention of any law in this regard and will be liable under the law of the land.

9.11 In case the Display structure allotted is not made available fully/partially or is

removed due to administrative reasons or reasons beyond the control of Railway

Administration & no alternative suitable location found than the proportionate abatement in license fees for the respective hoarding structure for the non-display

period due to aforesaid reasons shall only be

granted subject to verification and certification from concerned Railway Department and

approval from competent authority. The Licensee cannot claim any damages/compensation on such account. The decision of the Railway Administration

will be final and binding.

9.12 Railway Administration will not be responsible for any mishaps or ANY ACT OF

GOD, thereby resulting in non–display, of advertisements and no extension in

period of contract shall be given on this account.

9.13 It will be responsibility of the contractor to obtain all necessary permissions

from Municipal Corporation/Municipality concerned and other StateGovernment for other areas as required under law in operation from time to time to enable him to display their material and will pay the fee or any other charges directly to concerned authority at his own.


9.14

9.15

Licensee will have to get the clearance for display of advertisement/Hoarding from the competent authority (if required) and also pay advertisement tax/charges etc., if any imposed by the authority acting on behalf of Court or State Government or Central Government.

If it is found by Railway that the Licensee has utilized excess advertisement displays area without permission. License will be liable to be charged for such excess advertisement display from the date of commencement of contract or last inspection of Railway officials till date of removal of excess displays/area, five times of the proportionate existing rate fixed by the Railway towards penalty and proportionate rate for the excess display period. The decision of Railway Administration shall be final and binding on the Licensee.

9.16

9.17

ADDITIONAL AREA ON STRUCTURE:

A. In case of Licensee intends to increase the size of the structure or area, the

Licensee shall submit the proposal for the same to the Commercial Department. B. At the discretion of the competent authority keeping the aesthetic view in line,

the proposal shall be approved after feasibility. MAINTANCE OF Display boards: A. 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. B. The structure should be painted from time to time to avoid them from getting

rusted.

10. COMPENSATION OR REFUND: -

10.1 All conditions of the Agreement for Licensing for display of advertisement in the Railway premises are applicable to this contract.

10.2 If for any reasons the administration not able to honour the contract and considered it necessary to cancel the offer, agreement, or running contract, no compensation will be payable for such cancellation, except refund or the proportionate amount of license fee due to the Contractor for whole or part period of the contract, without any interest, no appeal against this decision will be entertained.

10.3 The Railway administration shall not be responsible for any loss or damage caused to the Contractor, due to total or partial discontinuance of this scheme under the agreement for any reasons whatsoever.

10.4 The Contractor shall not be entitled to any claim against the Railway administration for any damages, loss, etc. which the Contractor may sustain on account of fire or any other cause whatsoever.

11. Indemnity -

11.1 The Contractor hereby undertakes to indemnify the Railway Administration against –


11.2 Any loss or damage / injury to Railway property.

11.3 Any claim for loss or injury caused to any member of the public shall be borne by the Contractor arising out of any untoward incident if so claimed or on account of negligent act in displaying hoarding etc. if alleged and decided / furnished by any forum or Railway Administration.

11.4 Any loss or injury caused to the employees of the Railway Administration or employees of the Contractor arising out of any negligence or mis-conduct on the part of the advertiser or their employees or because of improper placement of materials or improper fittings of advertisements or advertising materials or on account of any untoward incident.

11.5 Any risk damage or loss howsoever caused due to any kind of disturbance to their property or to their personnel under employment or otherwise engage by them in discharged or duties connected with display of advertisement including claims under the Work-men‟s Compensation Act 1923 amended from time to time. The Railway administration accepts no responsibility for any loss or damage of advertising materials belonging to the Contractor no matter how-so-ever caused.

11.6 Any claim by any person under the provisions of the various acts enacted by the central/state governments, such as Payment of Wages Act, Workmen's Compensation Act, Employment of Children Act, Contract Labour (Abolition and Regulation) Act 1971, etc. Any amount if so paid by the Railway administration by way of compensation costs; charges or expenses in this connection shall be considered reasonable & shall be reimbursed by the Contractor to the Railway administration immediately on demand.

11.7 Contravention of laws by advertiser, fine, penalty, costs etc imposed on the Railway by any authority due to contravention of any law statute rules etc. of the State of Central or local bodies by the Contractor in the course of the contract by exhibiting any advertisement, which is contrary to such laws.

11.8 The Railway Administration shall not be responsible for any defect, which may occur in the matter of installation of such advertising materials belonging to the Contractor.

11.9 The Contractor shall comply with all relevant statute including contract labour (Regulation and operation) act and rules payment of wages act and other labour laws and keep Railway administration indemnify against any claims arising out of the said act.

11.10 No Railway facilities such as passes, concessional ticket consideration or employment in Railways will be available to the Contractor or their employees. The Contractor shall be fully responsible for welfare his employees.

11.11 Carriage of the materials for advertisement at the station or unit concerned, shall be the exclusive responsibility of the Contractor and the Railway Administration shall not any way be responsible in the matter of such carriage, transportation or erection / fixing thereof. Any restrictions may be applicable in future by virtue of enactment of any new Act,


11.12 Amendment in any existing Acts/Regulations/Rules/Bye-law etc. and the restrictions as may be imposed by any Hon’ble Court shall be applicable upon its coming into force. The Licensee/agency, upon communication of such restriction, shall be appropriate steps including removal of entire structure to ensure observance of such restrictions.

12. Dispute & Arbitration clause -

12.1 In the event of any dispute or differences between the parties as to the construction or interpretation of any of the terms and conditions of this agreement or to the application and as to the rights, duties and obligations of the parties hereto (except the decision whereof is herein expressly provided for), the same shall together with counter-claim or set off be referred to the Sole arbitration of the General Manager (Arbitration) or a Gazetted officer of the Railway not below in the rank of Administrative grade nominated by General Manager in that behalf and the decision of the General Manager or the person so appointed shall be final and binding on the parties hereto and shall be subject to the provisions of Indian arbitration and conciliation Act, 1996 and the rules there under and any statutory modification thereof. The Sole arbitrator so appointed shall give award on all the matters referred for arbitration, indicating therein the breakup of sums awarded separately on each individual item of dispute.

12.2 If the arbitrator as appointed above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his Office or is unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager fails to act without undue delay, the General Manager shall appoint a new arbitrator in his place in the same manner in which the earlier arbitrator had been appointed. Such arbitrator may, at his discretion proceed with the reference from the stage at which it was left by the previous arbitrator.

12.3 While appointing the Sole arbitrator as above, due care shall be taken that he is not the one who had an opportunity to deal with the matter to which the contract relates or who in the course of his duties as Railway servant expressed his views on all or any of the matter under disputes or differences, the proceedings of the arbitral tribunal or the award made by such tribunal will, however, not be invalid merely for the reason that the arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his duties expressed views on all or any of the matter under disputes.

12.4 The cognizance to the demand for the arbitration to either of the parties will be given only if the arbitration notice is served within time period mentioned in General Condition of Contract.

12.5 The venue of arbitration shall be the place from which the acceptance letter is issued/the Contract Agreement is signed or such other place as the Arbitrator at his discretion may determine.

12.6 The cost of the arbitration shall be borne by the respective parties. The cost of arbitrator shall inter alia include fee of the arbitrator, as per the rates fixed by the Railway Administration from time to time.

12.7 The award of the Arbitration shall be final and binding on the parties to this contract.


12.8 Where the award is for payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.

13. The Advertisement Rights –

13.1 The advertising rights will vest with the Contractor who will be given the contract. All advertisers/recognized agents or other persons wishing to advertise will have to deal directly with the Contractor and they will have not dealing with the Railway or make any claim on the Railway for any commission, etc. The Railway Administration has no objection, if the Contractor engages other companies‟ concerns/Agencies for the purpose of execution of fabrications, painting and selling advertisement space directly to users intending to promote the sale of commodity or service or to advance an idea or bring about some other effect desired by Advertisers.. 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 Contractor‟s own risk and cost.

13.2 The Contractor is not be assign, transfer, sublet or sell the contract right granted to his/her by way of license to any person and such action shall determine the license automatically cancelled resulting in forfeited of the bid amount and security deposit etc.

14. The Railway Rights –

14.1 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 then allotted to the Contractor on Railway account / on Sponsorship / others, for which the licensee should not have any type of objection. Railway Administration also reserves the right to grant permission to advertise such display as considered being in the interest of Rail Users.

14.2 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 Central Central 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 deem fit and in such an event the Contractor shall not be entitled to any compensation. All advertising matter taken down and removed by the Railway Administration as aforesaid shall be removed from Railway premises within 07 days of notice of its removal being given by Railway Administration.

14.3 In case where there is a need to shift or relocate an advertisement media for administrative or any other un-fore seen reasons, then the same shall be carried out the by the Contractor as advised by Railway administration. No compensation in this regard shall be admissible.

15. Security Arrangements –

15.1 Security of advertisement material will be the responsibility of Contractor.

15.2 In addition to the routine Railway security arrangements the Contractor may be permitted to engage security personnel with proper identity cards at the


station/location round the clock to watch the material provided and the antecedents of such security personnel‟s be got verified by the police. The identity cards for them are needed to be obtained from the Divisional Railway Manager (Comml),.C.Railway, Pune's office.

15.3 If at any later time the activities of the security personnel‟s are found detrimental to the Railway's interest, their identity cards shall be withdrawn and the Contractor shall terminate their services. In this regard, the decision of the Railway Administration shall be final.

16. Penalty – Railway administration has right to impose fine up to of Rs. 25000/-(Rs Twenty Five Thousand only) at sole discretion of Divisional Railway Manager (Commercial), Central Railway, Pune or his representative for each misconduct, non-observations of instruction on part of Contractor.

17. Errors, Omissions & Discrepancies - The Contractor 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.

18. Except otherwise provided wherein any agreement oral or written abandoning the term hereof shall be of no effect and shall not be valid or binding or enforceable unless and until the same is incorporated in a formal supplementary agreement in writing and signed by the parties thereof.

19. Final agreement shall at all times be open to revision and amendments of all the clauses by the Railway Administration after giving one month's notice in writing of such revision or amendment at the end of which time, any revision or amendment shall take effect unless the other party objected thereto in writing within 15 (fifteen) days after the receipt of the said notice.

20. In case of breach of any of the condition mentioned herein, the agreement shall be liable to be terminated without assigning any reasons at the discretion of the Divisional Railway Manager (Commercial), S.C.Railway, Pune for time being entrusted with function, duties and power of the said Divisional Railway Manager (Commercial), C. Railway, Pune.

21. In case of any doubt or any dispute as regards interpretation, meaning or intent, of any of the clauses/conditions of this agreement, the decision of the Divisional Railway Manager (Commercial), C.Railway, Pune will be final and binding on the Contractor.

22. If there is any revision in terms and conditions, charges etc. by the Railway Board at any point of time the same will be applicable and binding up on me & to this contract . I/we have read the above conditions carefully and accept them.


23 Conditions of erection and display :

a. Hoardings:- For new hoardings, the Licensee should follow the existing procedure of submitting the structure design and location plan to get approved by the engineering

department. If there are old structures of Railway, the licensee can occupy the same after making the necessary repairing, strengthening to the satisfaction of the

engineering department of Central Railway. b. It is personal responsibility of the Licensee to take all kinds of permissions/NOCs from outside agencies like Municipality, local bodies, National Highway Authority etc.

c. In case the Licensee is unable to erect or delay in erecting and displaying the hoarding due to objection or obstruction from outside forces, there will not be any

abatement /adjustment in rental charges or relaxation in contract terms or extension of validity period.

d. The Licensee will have no right over the allotted hoarding structure after the termination or completion of the contract; they will become property of Railway Administration.

e. New Areas for hoardings are subject to Engineering (Railway) feasibility. If new areas for hoardings are not found feasible from Engineering (Railway) point of view, the new

areas are subject to modification/change/cancellation. f. Railway Administration will not provide structures for hoarding sites to the Licensee. The Licensee should erect and display hoardings at his own cost.

g. In case the structure of hoardings need repairing, strengthening and reinforcing due to wear and tear, the agency should take up the work with the advance approval of

engineering department and carry out the work under supervision of engineering department. It is responsibility of the Licensee to ensure the stability of the structure before display of hoardings.

h. The structures of hoardings should be well maintained by regular painting to prevent corrosion and repairing/strengthening whenever required necessary at the cost of

licensee under supervision of engineering department. i. The licensee shall erect and display the hoardings in such a manner that they do not obstruct the view of display of advertisement in the vicinity.

j. Boards, Glow signs and other electronic media:-The boxes of Glow signs should be sturdy and corrosion resistant and uniform in size and display. The material for

fabrication of the boxes should preferably be powder coated aluminum sheet or fiberglass. The boxes meant to be installed without any shelter or roof above should be so designed as to prevent entry of water inside, even under heavy rains. Weatherproof

polymer linings should be used. k. The boxes for Glow signs should have LED light of standard make with ISI mark,

complete with all fittings including, wirings etc. Adequate lights should be used for the said boxes of different sizes to have uniform and effective illumination. The electrical wires should be properly secured and concealed in order to avoid its loose dropping.

Electrical insulation and safety aspects should be ensured. l. The Licensee should apply for electric connection at the office Sr. DEE by completing

the formalities. m. The changes in the dimensions of the displays may be permitted subject to its feasibility.

n. The licensee shall display the glow signs, and other media in such a manner that they do not obstruct the view of display of advertisements in the vicinity and any Railway

Sign nages/Pictograms, train indicators and clocks. o. The glow signs/other electronic media should be placed parallel to the passenger

movement in the station building, on the end platforms along the walls and clamped on the roof structure parallel to the track, on the Island platforms should be clamped on the roof structure parallel to the track on the center of the platform or be placed around the

pillars and on the FOBs should be along the length of the FOB.


p. The licensee shall realign, re adjust, or shift the glow signs, and other media whenever called upon by the competent authority to do so at his own cost without claiming any compensation.

q. In case of the structure of glow signs and other media need repairing, strengthening and reinforcing due to wear and tear, the agency should take up the work at his own

cost under supervision of engineering department. It is responsibility of the Licensee to ensure the stability of the structure before display of glow signs or other media. r. The structures of glow signs and other media should be well maintained by regular

painting to prevent corrosion and repairing/strengthening whenever required necessary at the cost of licensee under supervision of engineering department.

s. The structures erected for display of Glow signs, and other media shall become the property of Railway Administration after the completion of the Contract period. t. Provision of Bill Kiosk Boxes: Provision of Bill Kiosk Boxes are subject to terms and

conditions in vogue and policy guidelines of Railway Administration. u. Other media: The Licensee can create and develop new media which is in

compatible to the Railway functioning. However, the proposals of Licensee will be accepted for display subject to necessary approvals of Railway Administration. The Railway Administration will use judicious discretion in awarding the new sites for new

media.

v. Existing tender area: The licensee is allowed to explore new sites for new media in

the existing tender area without infringing the rights of display of existing contractors and obstructing their displays. The new media display is allowed after checking of the

feasibility of sites and assessing the acceptability of the media in the existing tender area and approval of the Railway Administration. For these additional sites the charges

may be calculated on unit area basis at the price decided on the basis of tender (Bid offer divided by total area mentioned in the tender

24 Restrictions on Publicity Rights:

i. Railway Administration reserves rights to disallow the party to display any media

at the allotted locations and areas which are not suitable to the area, not compatible to the working of the Railways, infringing the safety and damaging the aesthetics of the areas in the existing as well as new areas.

ii. Railway administration reserves rights to disallow the party to claim on the

displays of the contracts which are allotted by the Railway through any scheme under BOT, BOLT, Private public partnership being proposed and awarded by the

Railway Administration.

iii. Railway Administration does not permit display of advertisements through the

media which are against the policy of Railway Administration.

iv. Railway reserves the right to disallow publicity which in the opinion of Railway

have a bearing on safety, aesthetics, security, synchronicity with existing sites and anything which violates the laid down Railway procedures/norms.

v. Railway reserves the right for displaying Railway signages, pictograms, indication

boards, other types of electronic media on its own for the sake of Railway System.

vi. Some major railway stations are being considered for developing as world class

stations. Such stations may be in the scope of zone/cluster contract. However advertising sites at these stations as deemed necessary may be removed for

undertaking the work in this regard.

vi. Licensee should remove the sites in display at the short notice without claiming any compensation or damages when the Railway Administration asks the Licensee

to do so for the sake of safety operations of the train services and for carrying out any emergency construction work.


vii. Any site/area comes under the status of Heritage, the guidelines of Heritage

Conservancy Committee should be followed. The Licensee is required to comply

with the instructions being issued by Railway Administration in this regard.

25 . Sites/Locations exempted from contract:

i. Catering Stalls, Book Stalls, and Toilets allotted under BOT schemes. The party shall have no rights on the media in display on and in these places.

ii. Public Telephone Booths, Coin operated Pay phones, ATMs, Weighing machines,

Film shooting, Dual Display Infotainment System and vinyl wrapping of coaches etc.

iii. Railway will reserve 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.


Annexure-I

AREA / LOCATION / SITES FOR ADVERTISEMENT

Station / City / Location / Site, type of advertisement along with display area (in Sq.Ft.) allowed to be displayed under this contract is as specified below in the table. Tenderer/bidder can bid/participate for Single location through single tender form, in a manner as specified in the Terms & Conditions of Tender Documents.

SN

Zone Station Location

No of

boards/glow sign

Total Area ( sqft)

1. Zone ‘H’ Pune Platform no.1 & booking office area

209 3154

** Before Display of advertisement number of boards can be modified as per

suitability, with prior approval of Sr.DCM/Pune.

** Any changes in area shall be immediately intimated to S.DCM/Pune.

Signature of Contractor Divisional Railway Manager (Coml.)

Central Railway, Pune

Name .…………………………… For & On Behalf of the President of India

Address. …………………………

Witness:

1……………………………………………

……………………………………………..

2. …………………………………………. ………………………………………………

Note – Annexure-I will contain the list and description of the sites/locations awarded to the Contractor/Successful tenderer after tender through Letter of Award.


ANNEXURE II

(A) ZONE ‘H’ PLATFORM No. 1 AND BOOKING OFFICE OF PUNE STATION .

SN Media Location Size in sqft No

Area (in

sqft)

1. Painted Board Station booking office 12 X 3 2 72

2. Painted board Station booking office 16 x 4 1 64

3 Glow sign Station booking office 10 X 5 1 50

4 Glow sign On PF no.1 between two

pillars & on pillar

6 x 2 96 1152

5 Glow sign On PF no.1 between two

pillars & on pillar

2 x 3 50 300

6 Glow sign On platform no1 parallel to

track

4 x 2 21 168

7 Glow Sign At entrance gate near time

table

8 x 7 1 56

8 Glow sign At entrance gate near time

table

11 x 2.5 2 55

9 Glow sign At dome of Pune station 4 x 6 12 576

10 Glow sign 1 Gs four sided/three

sided/two sided on pillar

2.5 x 5 6 90

11 Glow sign At main concourse 8 x 3 5 120

12 Painted board At the entrance of PF 1 10 x 4 2 80

13 Painted Board Near LED time table 17 x 4 1 68

14 Painted board On PF No.1At the entrance

of PF no1 near escalator

30 x 4 1 120

15 Painted board At Pune Booking station 15 x 3.5 2 105

16 LED At main concourse 3 x 4 4 48

17 LED At main concourse 5 x 3 2 30

209 3154


FINANCIAL BID FORM

(Financial Offer - Packet “B”)

(Must be detached from Tender Document, filled, signed and sealed)

To, The President of India, Acting through The Divisional Railway Manager (Commercial), Central Railway, Pune

Sub: Commercial Publicity for Advertisement in Zone ‘H’ Cluster( Platform no.1 & booking office) of Pune Station Of Pune Division for a period of 05 years

Ref: PA/Comml/ C.Pub / Sole Right/ Zone H /PUNE/ 18 Dt. 05.11.2018

Dear Sir,

With reference to the above tender Notice, issued by Divisional Railway Manager (Commercial), CR, Pune, calling for Open Tender for licensing for display of advertisements, through glow sign/display boards etc of Zone ‘H’ Cluster at Pune Station of Pune Division of (Through Two Packet System), I / We hereby offer to President of India as owner and Administration of the Pune Division, Central Railway Administration upon and in accordance with the administrations Tender Terms & Conditions (as agreed and signed by us in Packet “A”), the following rates as License Fee for First year of the contract, as mentioned below –

OFFER / (in Rupees) for First Year

In Figures

In Words

Zone H: Platform no.1 &

booking office at Pune

station

Rs………………………

Rs……………………………………………………….

……. ………………………………………………………….

Place : …………………….. Signature of : …………………………………………………...

the Tenderer

Date : …………………….. Name of the : …………………………………………………….

Signatory

Rubber : ……………………………………………..

Stamp

Note:-

1. The Tenderer should quote rate for One year both in figures & words in the columns above. The rate quoted in words shall be considered as final rate in any ambiguity.

2. Any overwriting / corrections may lead to rejection of offer. 3. The above rate is excluding the Goods & Service tax (18% or as

applicable) is to be borne by the licensee as appropriate rate notified by the Central Government or with any changes from time to time.
