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Te,Rms & Conditions Tender notice for purchase of non-commercial, non-profit and non-exclusive screening rights of Indian feature films abroad TE,RMS & CONDITIONS 1. Scope of work: The Ministry of Extemal Affairs (Extemal Publicity & Public Diplomacy Division) (MEA) invites sealed bids in the name of the President of India for purchase of screening rights of a total of twenty five (25) Indian feature films in formats like DVD/Blue Ray as per list in Appendix attached. The films should be subtitled in English, Arabic, French, Spanish and Russian languages and should be offered with rights for screening/dubbing/subtitlling in other foreign languages also. The films are reqtrired for screenings abroad on non- commerciainon-profitTnon-exclusive basis for promotion of tndian cinema abroad and also for holding film festivalVfilm weeks through Indian Missions abroad. 2. Eligibility criteria: Bidder/auth orized representatives should provide evidence of having necessary ownership rights of the films. A bidder may offer one or more films of which he/she has the ownership rights. In case more than one film is being offered, the rate of each film should be mentioned separately. The Bidder should have a tumover of at least Rs.50,00,000/- (Fifty Lakh) per annum in the last three years. Bidder should meet all conditions of this tender notice and should not be disqualified by any condition mentioned in the tender notice. 3. Technical specifications/deliverables: Successful bidder to supply best prints of the following deliverables for use and to enable dubbing/subtitling in other languages and conversion to other formats, within 60 days of being declared successful: (a) Hard Disk (HD) Beta Mixed Master in English, Arabic, French, Spanish and Russian languages (b) Hard Disk (HD) Beta Unmixed Master (c) DVD Copy of the Master in English, Arabic, French, Spanish and Russian languages - 2 copies of each (d) DVD in .mp4 Format in English, Arabic, French, Spanish and Russian languages. (e) Approved script/cue sheet/lyrics in Hindi and English in Hard copies (0 Approved script/cue sheet/lyrics in Hindi and English in Word document ( soft copies in CD/DVD). 4. Price, EMD and Performance guarantee: The price quoted should be the fuli amount against all deliverables. An amount of Rs' Deposit 1,00,000/- (Rupees One Lakh only) will have to be deposited as an Eamest Money (three) (EMD) with the bid in the form of a bank demand draft or bank guarantee valid for 3 EMD. The months from last date of submission. No tender will be accepted without requisite 2 EMD will be refunded within One month of date of announcing of award of contract. No claim of interest will be entertained by the Ministry in case of delayed payments for reasons beyond its control. Successful bidder will have to deposit performance guarantee in shape of a bank demand draft or bank guarantee in favour of PAO, COA, MEA, New Delhi equivalent to I0o/o (ten percent) of the value of the contract within Fifteen (15) days of award of contract, valid for Six months from the date of acceptance of award by the bidder. EMD, Demand Draft or Bank Guarantee deposited with MEA shall earn no interest. 5. Evaluation procedure: Technical and Financial bids in separate sealed envelopes are to be submitted latest by 1730 hrs. on 16th June 2014. Technical bids will be opened on 18ft June 2014 at 1500 hrs in presence of the bidders. Post technical evaluation, financial bids of the bidders clearing technical evaluation will be opened at 1500 hrs on 20th June in the presence of the bidders. Lowest price per film (L-l) may be recommended for acceptance. Envelopes should be sent by hand or by courier like DHL, Fedex or DTDC etc. Tender received after closing date will not be entertained. Ministry reserves the right to relax any term or condition with the approval of the competent authority. 6. Technical bid: Technical bid should be sent in a separate envelope duly sealed/stamped with signature of bidder/auth onzed representative attaching the foll owing : (1) A covering page stating all Annexures attached with the technical bid as detailed below (Annexure 1) : (2) Notarized copy of ownership document of the film; or in cases of authorized representatives an authority letter in original from the owner/films' right holder. Complete name, office address and branches if any should be mentioned (Annexure 2). (3) Notarized affidavit in original on Rs. 100/- stamp paper affirming/confirming to be the owner/authorized representative/ rights holder by bidder and eligible to bid as helshe meets all conditions of this tender notice and is not disqualified by any disqualification mentioned in the tender notice (Annexure 3). (4) Details of link agreements to ownership document (Annexure 4). (5) Particulars of the bidder in the prescribed format (Annexure 5). (6) Notarized affidavit declaring that screening of film abroad is free from all encumbrances (Annexure 6) (7) Notarized indemnity bond on Rs. 200/- stamp paper (Annexure 7 ) (8) An amount of Rs. 1,00,000/- (Rupees One Lakh only) will have to be deposited as an Eamest Money Deposit (EMD) with the bid in the form of a bank Demand Draft or Bank guarantee valid for 3 (three) months from last date of submission in favour of the "Pay and Accounts Officer, Ministry of Extemal Affairs" payable at New Delhi. (Annexure 8). (9) Tax retums for the last three years and copies of PAN/ TAN/ Service Tax numbers, as applicable, showing tumover of Rs. Fifty Lakh (Annexure 9). (10) Copy of the terms and conditions duly signed by tenderer as a token of acceptance of the same (Annexure 10). (11) Additional information relevant to the offer of bidder, if any (Annexure 11). 3 7. Financial bid: Financial bid should be in a separate envelope duly sealed/stamped with signature of bidder/ authorized representative. Only those financial bids will be opened which qualify the technical bid round. The amount for each film should be mentioned separately. If a Bidder offers more than one film, the amount for each film should be mentioned separately. Lowest price for one film or more than one film (L-1) in a bid may be recommended for acceptance. 8. Instruction to Bidders: A Bidder should meet prescribed eligibility criteria and observe conditions of the tender document. Offer should be valid for at least 3 (three) months from last date of submission of tender. The quotations/bids should reach on or before 5.30 pm on 18th June 2AI4. The Ministry reserves the right to accept or reject all or any of the bids without assigning any reason. Incomplete applications will be liable to be rejected. The time frame indicated in the tender notice may be extended at the discretion of the Ministry of External Affairs (External Publicity & Public Diplomacy Division) in a case deemed fit for extension. Changes can not be made to a bid after submission. Notarized document should be submitted in original and photocopies of Notarized document should not be enclosed. 9. ContractA{otification of Award/ Letter of Acceptance of Award: MEA will notify the successful bidder by fax/e-mail and confirm by letter on the address provided that his/her bid has been accepted by MEA. This 'Notification of Award' shall name the sum which MEA will pay to the bidder in consideration of the performance of the scope of work by the bidder. The successful bidder on receipt of 'Notification of Award" shall convey his 'Acceptance of Award' by return e-mail or fax which will be confirmed by letter through speed post within Seven (7) business days. The notification of award and the letter of acceptance of award shall constitute the contract. No advance payment will be made by the Ministry to successful bidder. 1 0. Termination/Penalty clause : Refusal or inability or delay or any false statement by the successful bidder to supply all deliverables as per scope of work at the contracted rate within prescribed time frame may result in termination of the contract and forfeiting of EMD/Perfoffnance security/revoking of the bank guarantee as well as disqualification of the bidder from participating in future tenders and Ministry can take any other action as deemed necessary. Withdrawal of a bid after its submission will result in the forfeiture of the EMD. 1 1. Disqualification: Incomplete applications without applicable Annexures may render a bidder disqualified. Even though a bidder may meet eligibility criteria, he/she is subject to be disqualified if any bidder or any of its constituents have: (a) made misleading or false representation in the forms, statements and attachments submitted; or (b) had previous record of poor performance during the last 3 years, as on the date of application such as rescinding of contract for which the reasons are attributable to the non- performance, inordinate delays in performance; or (c) if a bidder has a criminal history or has been convicted by any court of law for any of the offences under any Indian laws in last five years. 12. Acceptance/ Rejection of bids: MEA reserves the right to reject any or all of the bids or to scrap the tender in whole. 13. Jurisdiction of courts: Any dispute arising out of this tender notice shall be governed and construed in accordance with the laws of India and the courts in Delhia{ew Delhi shall have exclusive jurisdiction in relation thereto. 14. Contact details: Bidders may please submit their bids in two sealed envelopes super scribed with "Tender for feature films Technical bid" and "Tender for feature films Financial bid" clearly mentioning the name and address/mobile phone number of the bidder/auth orized.
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