Directorate of Press & Information

NORTH DELHI MUNICIPAL CORPORATION

No. D- 225 /DPI/NDMC/2018 Date:- 09.01.2018

Expression of Interest for executing outdoor publicity campaigns/ advertisements through government approved media on government approved rates.

Expression of Interest for executing outdoor publicity campaigns/ advertisements for North Delhi Municipal Corporation through government approved media on government approved rates are invited as per outdoor policy approved by the Corporation. The media like:- Bus Queue Shelters, DTC Buses (Rear wind screen glass panel & panels inside the bus),LCD/DDIS Screens, Wall Panels & Hoardings, High End Utilities and Information Panels, Unipoles, Public Utility and Vending Kiosks, Standing Panels and Police Booths, Flag Signs, Tree Guards & Benches, Metro Pillars (Backlit), Metro Railings, Metro Signages (Backlit), Metro Signages (Frontlit), Metro Unipoles /Duct panels, Metro Bridge Panels, MCD Unipoles, Metro Utilities & Metro Feeder Buses. The agencies expressing interest in the above job should apply LATEST BY 29.01.2018 by 3:00 p.m. to the Director (P&I), Directorate of Press & Information, North Delhi Municipal Corporation, A- block, 5th floor, Dr. S.P.M. Civic Centre, New Delhi-110002 in the format given which can be downloaded or had from the above office. The EOI will be opened on the same day at 3:20 p.m. there and then. Complete details and format are available on www.mcdonline.gov.in. The details for empanelment, eligibility, terms & conditions are detailed below:-

Procedure for empanelment:-

The empanelment would be made by releasing advertisement in three leading local newspapers in English, Hindi, Urdu/ Punjabi for Expression of Interest.

The agencies will be empanelled for a period of three years with the approval of the Competent Authority i.e. Standing Committee. Directorate of Press & Information shall hire the services of the Empanelled Advertising Agency for its campaigns after making an assessment as per requirement of medium. The empanelment can be extended for further two years if performance is satisfactory with the approval of the Competent Authority. Department proposes to empanel the agencies through Expression of Interest for executing such jobs by fulfilling the following criteria: -

1. The agency/ firm should be legal entity registered in India under the provisions of Companies Act, 1956.

2. The firm should be accredited with Directorate of Advertising and Visual Publicity (DAVP), Govt. Of India and should have obtained rates from DAVP for the job for which they have applied.

3. Full-fledged office set up in Delhi/NCR with full infrastructure with regard to manpower and professional facilities.

4. Minimum 5 years’ experience in outdoor and similar advertising and publicity. The agency should have at least 5 years experience of working with Central Ministries/Government Departments, PSUs, Autonomous Bodies etc. and the agency should have been on panel of at least 01 or more Government Department /PSU/ Central Ministries/ Autonomous Bodies etc. 5. In house proficient facilities in Hindi, English, Urdu and Punjabi. 6. Minimum annual turnover of Rs. 1 crore for the last three years certified by Chartered Accountant. 7. Clearance certificate from Income Tax, Sales Tax and Service Tax etc. 8. Rates applicable will be as approved by Directorate of Advertising and Visual Publicity (DAVP) at the time of advertisement. 9. The advertising agency applying for empanelment should not have been blacklisted in the last three years by any of the organizations mentioned above at the time of empanelment. 10. Rs. 2 Lacs in the form of DD will be taken from the agencies as Earnest Money which apply for EOI and would be returned without interest to those which are not selected after completion of the process of Empanelment. However, the amount would be retained in case of agencies empanelled till their empanelment and would be returned without interest after termination of contract and fulfilment of contractual obligations. However, Earnest Money can be converted into performance security as per provision in GFR 158 which will be valid for a period of 60 days beyond the date of completion of all contractual obligations. On or more of the following reasons / omissions will render an EOI, liable to summarily rejection.

 EOI received after the specified closing time.  Correction or overwriting not signed by the authorized signatory.  Documents asked for and not attached.  Any EOI received unsealed or unsigned.  Applicants giving false information, fabricated documents, thereby concealing facts, misrepresenting and misleading North DMC.  Incomplete forms or not signed.  Non-deposition of the fee i.e. Earnest money in the form of D.D. or incomplete Expression of Interest will not be considered.

Requirement of Documents:-

1. Self certification / accreditation (with DAVP on Letter head). 2. Approval of rates from DAVP. 3. Duly audited / certified copy of Annual Turn for the last three Financial Years duly certified by Chartered Accountant. 4. Copies of creative designs for important clients. 5. PAN No. and latest Income Tax, Sales Tax (Local and CST), Goods & Service Tax registration/ Clearance Certificate for the last financial year. 6. Latest Clearance / Return in respect of Income Tax & Sales Tax. 7. Certificate in respect of insolvency. 8. Details of experience in any other mode of advertising, such as sponsorship and participation in major events, outdoor publicity or other mode of outdoor publicity. 9. Certificate in r/o that the firm has not been blacklisted from executing the jobs / services. 10. List of clients. Also the agency has to give an undertaking that it had not given and shall not give similar services to any other department at a lower rate than what is being charged from North Delhi Municipal Corporation. Any other information that the agencies may like to provide for establishin g its experience or claim. General terms & conditions relating to rights, release of advertisement / publicity material and other allied matters:-

1. The agencies will abide by the terms and conditions laid down herewith and any other condition prescribed by North Delhi Municipal Corporation from time to time in fulfillment of requirements of its serving departments and its objective.

2. The empanelled agencies shall require to submit designs at a very short notice. The North Delhi Municipal Corporation shall not pay any charges towards designing and preparation of creative. The entire work including site booking etc. will have to be ensured accordingly by the Agencies concerned.

3. The agency should be able to execute order at short notices and even on holidays. The agency should also ensure that there will not be any violation of the guidelines issued by the Environment Pollution Control Authority (EPCA) as well as by various Courts from time to time while executing the work of display of advertisements of outdoor. The undertaking to this effect shall be furnished by the agency.

4. North Delhi Municipal Corporation shall retain the absolute copyright and all such related rights including the rights for adaption/ translation, reproduction, alteration and archiving without any restriction of time period of all such creatives and their inputs which might be produced by the agency for executing a work/ campaign. Such creative could be used in any such future work/ campaigns that the North Delhi Municipal Corporation may consider appropriate.

5. Artwork/commercial once selected and released will be the property of the North Delhi Municipal Corporation and the copyright of the same shall be with the North Delhi Municipal Corporation. The agency can’t use the concept, artwork etc. for other clients.

6. North Delhi Municipal Corporation can repeatedly use the artwork / commercial in different media like print, outdoor, electronic etc. without seeking permission from concerned advertising agencies or paying any commission. Also agency has to provide original soft copy to the North Delhi Municipal Corporation. 7. North Delhi Municipal Corporation shall be free to choose site or type of outdoor publicity medium according to the need of its target audience. The agency will not change advertisement area/location of site selected by North Delhi Municipal Corporation once offer is accepted.

8. The agency shall provide all such services described above within the territorial limits of North Delhi Municipal Corporation only.

9. Directorate of press & Information will be the only Nodal Department for issuing of all such type of publicity / advertisements awareness campaigns on behalf of all the departments of North Delhi Municipal Corporation. No other department is authorized to issue release advertisement/ publicity material directly for these media/ sites.

10. The agencies with the sole rights/ concessionaire appointed by the propriety agency/ organization of the site would only be eligible and rates should be approved or governed by the Directorate of Advertising and Visual Publicity (DAVP).

11. The propriety organization choose to change or appoint another agency for the sole right / concession of the site / medium, would be accepted by the North Delhi Municipal Corporation and would not need any fresh approval from the authorities.

12. The agencies so empanelled with North Delhi Municipal Corporation for outdoor publicity shall not take any assignment from any of the Department of North Delhi Municipal Corporation without written consent of the Directorate of Press & Information.

13. The selection of design, creative site, medium and term of display would be the discretion of Director of Press Information.

14. Decision of the Director (Press & information) shall be final and binding upon Agencies empanelled with regard to release of advertisement / publicity material, tariff and other allied matters. (The Agency means company engaged by North Delhi Municipal Corporation for display of advertisement/publicity material on sole right/ concessions by the propriety agency of the medium/mode of the outdoor publicity).

15. The Directorate of Press & Information/ North Delhi Municipal Corporation is free to inspect/ check the sites without giving any prior information to the firm and without assigning any reason. 16. North Delhi Municipal Corporation reserves the right to disqualify / black list the Advertising Agency in case of any misrepresentation or fraudulent act.

17. Payment will be made only after satisfactory completion of each job and on submission of authenticated bills alongwith relevant documents in the manner as stipulated by North Delhi Municipal Corporation. All payments shall be subject to TDS if applicable.

18. No request for any advance in this regard would be entertained or made.

19. The payment shall be made only after satisfaction of the Directorate of Press & Information about the display of the Message / Advertisement / Campaign properly during the period in accordance with the work / release order.

20. North Delhi Municipal Corporation does not accept any term and condition or time period for making payment for the work of outdoor publicity released by it. Payment will be subject to availability of funds in the relevant Head of Account. The agency/ agencies shall not claim any interest in delayed payments, if any, in any circumstances.

21. The agency whose sole rights/ concessionaire is withdrawn by the propriety organization of the site/ medium or is blacklisted for carrying out such jobs those agencies will automatically cease the assigned job from North Delhi Municipal Corporation from the effective date. The assigned job will automatically be deemed withdrawn from the date blacklisted and no payment shall be made for that. In case it is found that the agency is hiding anything with malafide intentions then the action would be taken as per “Clause- 16”.

22. The Directorate of Advertising and Visual Publicity (DAVP) rates as revised will be allowed during the financial year. The revised rates shall automatically be applicable to North Delhi Municipal Corporation from the date of their written communication to the Directorate of Press & Information and will not require fresh sanction from the authorities.

23. If the outdoor advertisement agency revises its rates on lower side, it would be automatically accepted and would not require fresh sanction from authorities.

24. The agencies/ firm shall have to submit the bills by certifying the advertisement have been displayed alongwith documentary proof. 25. The Agency shall fully familiarize themselves about the applicable Domestic taxes on amount payable by DAVP under the contract. The Agency, sub Agency and personnel shall pay such domestic tax, duties, fees and other impositions (wherever applicable) levied under the applicable law.

26. Force Majeure: Notwithstanding anything contained in these terms and conditions, the Agency shall not be liable for liquidated damages or termination for default, if and to the extent that, it's delay in performance or other failures to perform its obligations under the agreement is the result of an event of Force Majeure.

 Definition: For the purposes of this Clause, “Force Majeure” means an event which is beyond the reasonable control of an Agency, and not involving the Agency’s fault or negligence and which are not predictable. Such events may include war or resolutions, riots, civil disorder, earthquake, fire, explosion, storm, flood, epidemics, freight embargos etc. Force Majeure does not include insufficiency of funds. The failure of a Agency to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Agreement.  Measures to be taken: If a Force Majeure situation arises, the Agency shall promptly notify to Director (P&I), North Delhi Municipal Corporation in writing, of such conditions and the causes thereof. Unless otherwise directed by Director (P&I), North Delhi Municipal Corporation in writing, the Agency shall continue to perform its obligations under the agreement as far as reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure. The decision of the Director (P&I), North Delhi Municipal Corporation, regarding Force Majeure shall be final and binding on the Agency.0000000

27. The Agency shall indemnify and keep North Delhi Municipal Corporation indemnified from and against all claims, suits and demands due to injury to or death of any person and /or loss or damage caused or suffered to property under or belonging to the North Delhi Municipal Corporation / Government departments / its agents or employees or third party as a result of any acts done or omitted to be done by the Agency or as a result on the part of Agency to perform any of its obligations under this agreement or on the failure of the Agency to perform any of its duties and/or obligations including good industry practices.

28. The Agency shall not assign the project to any other agency, in whole or in part, to perform its obligation under the Contract with the North Delhi Municipal Corporation.

Penalty Clause:- 1. The empanelled agencies by agreeing to these terms and conditions shall be liable to be penalized in the event of breach of the Terms & Conditions of an appropriate amount as deemed fit by the Competent Authority.

2. If during the execution of the work, if any detailed below is found, then a penalty of 2% to 10% depending upon the nature of the default of the work cost will be imposed.

a. Quality of deliverable is not up to the mark, (till the quality is improved to the required extent.)

b. Delays in deliverables.

c. Not assigning adequate resources in time to achieve the desired results.

d. Assigning resources that do not meet the desired requirements as per the approved time schedule or the quality of the deliverables.

3. If there is delay in execution of the work then North Delhi Municipal Corporation may rescind the Contract and shall be free to get it done from other Agencies at the risk and costs of the appointed Agency. North Delhi Municipal Corporation may debar the Agencies for applying in its future empanelment also.

Terms & conditions to termination of agreement with the agencies:- North Delhi Municipal Corporation may, by written notice terminate the agreement of the empanelled agency in the following ways:-  Termination of agreement by Default for failing to perform obligations under the Contract or if the quality is not up to the specification or in the event of non adherence to time schedule.  Termination for insolvency if the Agency becomes bankrupt or otherwise insolvent.

In above conditions, termination of agreement shall be executed by giving written notice to the Agency. In case of termination of the agreement, any damage suffered by Corporation during the period of completion of work or before the same, that shall be liable to pay by the agency.

sd/- (Yogendra Singh Mann) Director (P&I) EXPRESSION OF INTEREST Payment Details

FOR DD No.______

EMPANELMENT OF AGENCIES DD Amount______

Bank Name/Branch ______

______

1. Name of the Agency:

a. Whether Proprietorship/Sole/Partnership/Pvt. Ltd./Ltd. Co.______b. Name of the Director /In Charge ______c. Name of the contact person ______

2. Head Office: a. Complete Address ______

______

b. Telephone Number (s) ______c. Email Address ______d. Mobile No. ______

3. Branch Office (s)

a. Complete Address ______

______b. Telephone Number (s) ______c. Email Address ______

4. Year of Establishment (attach proof ) ______

5. Registration Number (under Company’s Act) ______

6. Does the agency has full infrastructure and ______Professional manpower facilities?

7. Year in which got DAVP accreditation ______

8. Applying for which medium/ media ______

9. GST Registration number ______

9. PAN Number ______10. Annual Turnover of the last three years duly audited by Chartered Accountant (attach proof) 2016-17 ______2015-16 ______2014-15 ______

11. Experience in advertising & publicity ______

12. Empanelled with which Govt. / PSU (Attach proof) ______

Declaration

1) I ______(Name of the person), am authorized to declare on behalf of the agency______(Name of the Agency) hereby declare that :

a. Our agency has never been blacklisted by any of the organization. b. Proficient facilities in Hindi, English, Urdu & Punjabi befitting the expectations of the North Delhi Municipal Corporation. 2) I also declare that all the statements made in this Expression of Interest are true, complete and correct to the best of my knowledge and belief. I understand that if at any stage, it is found that any information given in this Expression of Interest is false/ incorrect or that our agency does not satisfy the eligibility criteria, our candidature/empanelment is liable to be cancelled /terminated. 3) I understand that the decision taken by the North Delhi Municipal Corporation is final in all matters. 4) I herby agree to work as per the terms and conditions rolled out by North Delhi Municipal Corporation. 5) I understand that the North Delhi Municipal Corporation reserves the right to accept or reject and to cancel the empanelment process and reject all expression of interests at any time prior to the award of contract, without assigning any specified reasons whatsoever.

Signature______Place______Name______Date______Designation ______

Signature with Seal