prasar bharati (india’s public service broadcaster) pb...

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PRASAR BHARATI

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

AkashvaniBhawan, New Delhi-110001 ***

REQUEST FOR PROPOSAL HIRING AN AGENCY

FOR “MASTERING, DUPLICATION & PACKAGING OF USB CARDS FOR

PRASAR BHARATI ARCHIVES”

Issued by: PB Archives PrasarBharati AkashvaniBhawan, New Delhi -110001 Phone No. 011-23421271 www.prasarbharati.gov.in

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Bid Information

S. No Description Target Information

1. Reference no. of RFP

2. Date of issue of RFP document 24th November, 2017

3. Bid Fee -NA-

4. Pre-bid Meeting 14th December, 2017

5. Last date & Time for submission of Bids

26th Dec. 2017 (Upto 15:00 Hrs.)

6. Date & Time Opening of Technical Bids

26th Dec. 2017 (After 15:00 Hrs.)

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. 2,50,000/- (Rs. TWO LACS FIFTY THOUSAND 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: [email protected]

10. Address for EMD and Tender Fee Submission

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

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

12. Latest Updates availability

www.tenderwizard.com/PB www.prasarbharati.gov.in, www.allindiaradio.gov.in www.ddindia.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 4,5

4. Terms and Conditions 5,6

5. Time Line 6

6. Eligibility Criteria 6,7

7. Instructions to Bidders 7,8,9

8. Pre-bid conference 10

9. Preparation of Technical and Financial bids 10,11

10. Earnest Money Deposit 12,13

11. Conflict of Interest 13

12. Bid submission 13,14

13. Bid Evaluation 15

14. Award of contract 15,16

15. Payment conditions 16

16. Performance Bank Guarantee 16

17. Penalty Clause 16,17

18. Termination, Force Majure, Fraud/Corruption 17, 18

19. Arbitration 19

20. Annexure-1 : Technical Bid Submission Form 20

21. Annexure-2 Technical Bid Evaluation form 21

22. Annexure-3 : Letter of Authorization for Attending Bid Opening 22

23. Annexure-4 : Price Bid Form 23,24

24. Annexure-5: Information reg. Conflicting activities 25

25. Annexure-6: Performance Bank Guarantee (proforma) 26,27,28

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REQUEST FOR PROPOSAL

For Hiring of an Agency for “Mastering, Duplication & Packaging of USB Cards For PrasarBharati Archives”

1. INTRODUCTION:

PrasarBharati (PB) is a statutory autonomous body established under the PrasarBharati Act.

PrasarBharati Archives (DD & AIR) is having a large repository of legacy programme contents in

audio-visuals forms which is of great social, cultural and historical importance.

PrasarBharati Archives invites bids on e-tendering two-bid system 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 of work.

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 PrasarBharati for the Mastering, Duplication & Packaging

of USB Cards for PrasarBharati 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 PrasarBharati, an autonomous body under the Ministry of I& B.

3. Scope of the RFP:

The selected agency would be required to perform the following works:-

i. Make Master USB CARDS in the format: MP-4, AVI, MOV, FLV, WMV, on the video

and associated Audio contents provided by PrasarBharati Archives on DVC Pro

50/Beta SP tapes/Data Drives/DVD/HDD/ BRD etc.

ii. Make Master USB CARDS in the format: MP-3, WAV on the Audio contents provided

in suitable audio format on ACD/DVD/HDD/Data Drives/ Audio Cassettes etc or other

suitable media and optionally on some legacy media.

iii. The Archives Contents (video or audio) mastered on USB CARDS should be

encrypted and/ or watermarked to avoid/ minimize the possibility of copying of the

contents without hindrance to its playback.

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ii. Prepare Menu Based Master / Authoring on USB card. For water marking of DD

Contents a logo shall be provided by DD- Archives.

iii. Duplication of Mastered USB CARDS as per the specifications and quantity given by

PrasarBharati Archives.

iv. Ensure the compatibility of finished USB CARDS with consumer grade players

including car stereos, Google-android and Apple-iOS mobile phone. The necessary

USB card to mobile adopter/cable of reputed make may be quoted as optional item.

v. USB CARDS should be packed in aesthetically appealing, eco-friendly packing boxes

with shrink-wrapping as per the details given in (Annexure no. 4)

vi. 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 PrasarBharati Archives, AkashvaniBhawan, Sansad Marg, New Delhi

premises.

viii. The tenderer are advised to use the USB card of reputed make only and should

extend the OEM warranty to PB Archives, for the USB Cards to be free from defects in

materials and workmanship for a period of two years from the date of receipt by

PrasarBharati Archives. While filling the Annexure-4 it is mandatory on the part of

tenderer to provide the make of USB card. (Specification of reputed make USB Cards

are 1. Interface type: USB2.0/:3.0, 2. Writing Speed > 4 Mbps, 3. Support Encryption,

4. Style: Card type, 5. Capacity: upto 16 GB).

ix. If any USB Card proves to be defective during the warranty period, it should be

replaced at no extra charge to PrasarBharati Archives who would return the

defective piece (or pieces) to the tenderer.

X. Each product including USB card and its packaging box will contain its unique barcode

printed on it.

Xi. Estimated quantity of USB cards to be prepared is around 13,500 ( 25%) spread over

a period of two years. Prices quoted by the bidders for different categories of

Annexure-IV shall remain firm during the validity of contract.

4. Terms & conditions:

I. The bidder except MSEs will have to submit an earnest money of Rs. 2,50,000/- by

Demand Draft / Pay order of any scheduled bank in the name of “DDO PB Archives

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[Central & NZ], New Delhi” in an envelope along with the pre-qualification bid. The

earnest money of unsuccessful tenderer will be refunded.

II. A performance Bank Guarantee (PBG) of 10% percent of the total value of contract will

have to be given to PrasarBharati Archives at the time of signing the agreement. The

bank guarantee should remain valid for a period of 60 days beyond expiry of the

agreement. In case party or agency terminates the contract without any valid reason, the

bank guarantee shall be forfeited and enchased by PrasarBharati Archives.

III. Payment will be made to the agency within one month of the receipt of invoice only after

the competent authority in PrasarBharati Archives is satisfied that the required

services/jobs have been satisfactorily provided/ completed by the agency.

5. Time Line:

The supply is to be made within a period of 21 days from the date of placement of order

to the tenderer. If the agency fails to complete the work within the stipulated time frame of

21 days, a penalty will be imposed at the rate of 2% of the ordered value for next seven

days and beyond that at the rate of 5 % till the material is delivered.

6. Eligibility Criteria for the agencies:

a) The agency should be a legal entity registered under the respective law Companies

Act, 1956/2013 and should be in existence at least for the last two financial years (FY

2015-16 and FY 2016-17). The company should have PAN No., GST 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 two years. Balance sheet / auditor statement

of last two years (2015-16 and 2016-17) 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 two year experience in producing high quality content

on 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.

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f) Details of facilities available with them to verify their competence for the work must be

provided.

g) The agency should have an established office with basic infrastructure to undertake

the work“ MASTERING, DUPLICATION & PACKAGING OF USB CARDS with Audio

Contents and Audio & Video Contents provided by PB Archives.

h) At least two samples of commercially released USB CARDS produced earlier having

non-film, cultural content are to be submitted after incorporating required Encryption

and /or Watermarking.

i) A copy of job order related to the deposited samples along with corresponding invoice

should be attached for verification of clients and samples.

j) 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.

7. INSTRUCTIONS TO BIDDERS:

7.1 The proposals are invited based on electronic ‘Two bids system’- Technical Bid and

Financial Bid. The bids will have to be uploaded upon the e-tendering portal by the

prospective bidders. The requirement and 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.

7.2 Due Diligence by Entities: The agency should familiarize themselves with the

procedures responsibilities and take them into account while preparing their bids.

7.3 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.

7.4 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.

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7.5 Clarifications/ Amendments 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 deems 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 on the Official Website of PrasarBharati /

Doordarshan mentioned in this document and will be binding on all entities. It is

therefore, advised that the Entities should regularly visit the Official DD / PB

Website. In order to afford the entities reasonable time to take the 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.

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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 the selection process at any time prior to the Letter of

Award without assigning any reason and without incurring any liability towards the

entities.

7.6 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.

7.7 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. In case upon verification, evaluation/assessment,

in case 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.

7.8 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. Pre-Bid Conference:

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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 Data Sheet. If

attending, then 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 will have to be uploaded and 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 two years. The Technical Bid shall

be submitted with all required documents as in Annexure-2.Technical bid should

contain the followings:

i. Certificate of registration.

ii. Bidders profile along with a duly signed copy of their latest income tax return for

last two financial years (2015-16 and 2016-17).

iii. Balance sheets for the last two years (2015-16 and 2016-17) duly certified by CA.

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iv. Details of infrastructure available in terms of equipment’s, manpower and also full

address of location for undertaking the work to enable us to verify propriety of the

statement.

v. Details of software used and compression rate against each format for video

contents as well as Audio Contents.

vi. All details of water marking/encryption software for video and audio contents need

to provided to PB.

vii. 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 may also be attached for verification.

9.2 Preparation of Financial Bid:

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

4.

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

taxes in the relevant columns.

iii. All the tax liabilities and license fee, insurance cost, and other impositions as

applicable in INDIA shall be deemed to be included in the Financial Bid.

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

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 Rs 2,50,000/- (Two Lacs Fifty Thousand

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 PrasarBharati Archives along with the technical bid. The DD/FD

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

Delhi.

ii. The Bids without EMD 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.

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 Bank

Guarantee within 07 (seven) days of the issue of Letter of Award

iv. 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 PrasarBharati.

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

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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 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.

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

initials of the Authorized Signatory and stamp of the Agency on each page of the

Bid.

d) The EMD should be submitted physically in the Room No-1, Ground Floor,

AkashvaniBhawan, Parliament Street, New Delhi-110001 before the last date of

submission of tender. The agency exempted from submission of bid fee has to

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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 technically eligible bidders will be

opened. Financial bids of technically ineligible bidders will not be opened.

e) The Bids must be uploaded on the website: www.tenderwizard.com/PBnot later than

the time & date as indicated in the website.

13. Bid Evaluation:

13.1 Evaluation of Technical Bids:

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

mandatorily fulfilled.

13.2 Evaluation of Financial Bids:

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

entities in writing of the time and location for opening the Financial Bids. Agency's

attendance at the opening of Financial Bids is optional.

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

shall be opened by a designated committee 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 declared on the successful agency.

d) The bidders should fill up the data in financial bid Proforma devised with due care.

The Financial Evaluation Committee will check and correct any computational

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errors. While reviewing computational errors, if any discrepancy is noticed between

words and figures, the amount in words will prevail.

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.

15. 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 4 to 6 weeks.

16. Performance Bank Guarantee:

i. The successful Agency shall be required to deposit 10% of their bid amount as

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

should be valid 60 days beyond the duration of the contract.

ii. The Performance Bank Guarantee(PBG) shall be in the form of an irrevocable Bank

Guarantee as per format to be provided, from a Nationalized Bank/ Scheduled Bank in

favor 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 Contract.

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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17. PENALTY

i. It shall be expressly understood and agreed by the Agency that the timely

Performance of Agency is essence of RFP of entire contract failing which the Agency

will deemed to be defaulting the Contract. Further the Agency is deemed to have

agreed and accepted PB’s reserved right to forfeiture of PBG apart from imposing

other liquidated damages as decided by PB at its sole discretion.

If the agency fails to complete the work within the stipulated time frame of 21 days, a

penalty will be imposed at the rate of 2% of the ordered value for next seven days and

beyond that at the rate of 5 % till the material is delivered.

ii. In case, in the opinion of PB, if the performance of agency is not satisfactory which

either indicating poor work, or agency not meeting the deadlines as required by PB or

the agency is acting in anyway prejudicial to the completion of Contract, on adoption

of unethical practices etc, the contract may be terminated partly or fully by giving 30

days’ notice and the balance works/ un-fulfilled work/contract shall be got executed by

PB at the risk & cost of the agency.

iii. The Agency shall at its own expenses make good any loss or damage suffered by the

PB as a result of the acts of commission or omission, negligently or otherwise of its

personnel while providing the services as stipulated in RFP.

18. 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:

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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 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 bidding 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; [[[

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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.

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 Content intended for “Mastering, Duplication & Packaging of USB

cards for PrasarBharati 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 in case 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.

19. ARBITRATION: Any dispute between PrasarBharati 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:PB. 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

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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.

Annexure-1 TECHNICAL BID SUBMISSION FORM

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

Ref: Date: ................. To

Deputy Director General (PB Archives)

Room No. 1, AkashvaniBhawan, 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 undersigned offer to provide the desired services of

Mastering, Duplication & Packaging of USB Cards For PrasarBharati Archives

to be rendered in conformity to para 2 and as per conditions of contract and

specifications.

2. We will undertake, if our Bid is accepted, within schedule time frame and all the

services/contractual obligations specified in the RFP and 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 as 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 have submitted the required documents as per Annexure-2.

Dated this .............................. day of ........................ 2017

Name and Signature ------------------------

In the capacity of ----------------------

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Duly authorized to sign the bid for and on behalf of…………………………………….

Witness.........................................

Address...................................... Signature(s)

Technical Bid Evaluation form

Annexure -2

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 two year.

Y/N

3 Duly Audited financial account of last 2 financial years as proof for min 40 lakhs turnover.( 2015-16, 2016-17).

Y/N

4

Affidavit of not having been a defaulter with PB or black listed

Y/N

5

GST Number

Y/N

6

EMD for Rs. 2,50,000/- in the form of a Bank guarantee/Demand Draft

Y/N

7

Certificate that the bidder has quoted for all the components.

Y/N

8

Compliance statement (signed copy of RFP)

Y/N

9

Annexure regarding conflicting activities & declaration

Y/N

10 Letter of authorization (Annexure-3) Y/N

11 Signed copy of the tender document Y/N

12 Documentary proof of all items mentioned under clause 9.1 provided.

Y/N

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

We have submitted the required documents as above for consideration.

Dated this .............................. day of ........................ 2017

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Name and Signature ------------------------

In the capacity of ----------------------

Duly authorized to sign the bid for and on behalf of…………………………………….

Signature(s)…………………………………………………………

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ANNEXURE-3

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

(To reach DDG (Archives) before time of bid opening)

Deputy Director General (PB Archives)

Room No. 1, AkashvaniBhawan

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

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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 PrasarBharati Archives”, we have carefully studied its scope and deliverables and based on these, we submit our lowest quote as below:

A - USB CARDS (up to 16 GB) – MASTERING, encryption / watermarking & LANGUAGE

SUBTITLING for Audio & Video Contents

S.No. Job Unit rate (inRs.)

Applicable Taxes

Total Rate +Taxes per unit

1. Mastering of Video and associated Audio contents with encryption/watermarking with full interactivity in PAL/NTSC Format up to 60 /120 / 240 /360 minutes

2. Language subtitling up to 60 /120 / 240 /360 minutes (Multiple language option /Per Language) (optional item)

B - USB CARDS (up to 16 GB) – MASTERING, encryption / water marking for Audio Contents

S.No. Job Unit rate (inRs.)

Applicable Taxes


1. Mastering of Audio Contents with encryption/watermarking up to 60 /120 / 240 /360 minutes

C - USB CARDS (up to 16 GB) – DUPLICATION S.No. Job Rate

(inRs.) Applicable Taxes


1. Duplication Charges Per 500 Units of USB Card and its multiple thereof up to 2000 USB Card Units

2. Duplication Charges Per 100 Units and its multiple thereof up to 500 Units

D - USB CARDS (with OTG) PACKAGING BOX

S.No. Job Unit Unit rate Applicable Total Rate +

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(inRs.) Taxes Taxes per unit

1. Eco-friendly Packaging having slot for USB Cards in Size 4”x3” Hard Slip Case. Inner Tray to have Foam Cushioning with Die Cutting for Placing USB Cards with OTG, & Booklet. Upper Slip Case to have Spot UV Printing with Bar coding on USB card as well packing box. The complete box needs to be packed with transparent shrink packing material.

Per USB card

2. Multi-color paper Booklet Size 2”x1.5” in 135 GSM Paper. ( up to 16 pages)

Per USB card

E - USB CARDS (without OTG) PACKAGING BOX

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

Applicable Taxes

Total Rate + Taxes per unit

1. Eco-friendly Packaging having slot 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 with Bar coding on USB card as well packing box. The complete box needs to be packed with transparent shrink packing material.

Per USB card

2. Multi color paper Booklet Size 2”x1.5” in 135 GSM Paper. ( up to 16 pages)

Per USB card

F - USB CARDS (With OTG) PACKAGING IN GIFT BOX

1. Eco-friendly Packaging for USB Cards in Size 10.0”x8.0” Book Style Case. Inner Tray to have Foam Cushioning with Die Cutting for Placing USB Cards with OTG & Booklet in Center, one Keychain with branding as per PB requirement and multi colored silk wrap on each side of card enclosure. Case to have Spot UV Printing with Bar coding on USB card as well packing box. The complete box needs to be packed with transparent shrink packing material.

Per USB card

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2. Multi-color paper Booklet Size 3”x2” in 135 GSM Paper. ( up to 16 pages)

Per USB card

G - USB CARDS (With OTG) PACKAGING IN LAUNCH PACK

1. Eco-friendly Packaging for USB Cards in Size 14.0”x12.0” Book Style Case. Inner Tray to have Foam Cushioning with Die Cutting for Placing multiple USB Cards with OTG, Booklet and multi colored silk wrap on each side of card enclosure. Case to have Spot UV Printing with Bar coding on USB card as well packing box. The complete box needs to be packed with transparent shrink packing material.

Per USB card

2. Multi-color paper Booklet Size 3”x2” in 135 GSM Paper. ( up to 16 pages)

Per USB card

Amount (A+B+C+D+E+F+G) : Rs.________________ (X) Applicable Tax Amount (A+ B+ C+ D+E+F+G) : Rs.________________ (Y) Total Tender Amount (Z) Per Unit (All inclusive)= (X) + (Y) :__________________________ 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 are firm for two years or during the validity of contract and 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.

Place: Date:

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

Designation and Contact Details Company Seal

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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 Employer which shall be binding on us.

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

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Annexure-6

PROFORMA OF BANK GUARANTEE FOR BID BOND

Bank Guarantee No.____________________

Ref:-

To

Dy. Director General (Archives), PrasarBharati, (Broadcasting Corporation of India),

AkashvaniBhavan, Sansad Marg, New Delhi -110001 Dear Sirs,

1. Whereas the PRASAR BHARATI (BCI), Central & North Archives, NEW DELHI having its head office at Central & North Archives, Sansad Marg, 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 Agency’s (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

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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 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 up to 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 up to and including 60 days after the expiry of extended period. Any claim under this guarantee must be received by us before the expiry of 60 days 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 up to sixty days after the said date/extended date, all right of the

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organisation under this guarantee shall be valid and shall not cease until we have satisfied that claim.

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 up to 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 authorized officer, has lent its hand & stamp on this__________________________dayof________________________________________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_____________________