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Municipal Corporation Gurgaon
Tender and Contract document
Name of Work: ALLOTMENT OF RIGHTS FOR INSTALLATION, OPERATION AND MAINTENANCE OF 69
UNIPOLES AT IDENTIFIED SITES IN THE AREA OF MUNICIPAL CORPORATION, GURGAON FOR
DISPLAY OF ADVERTISEMENTS FOR A PERIOD OF 6 MONTHS.
Name of Agency:.…………………………………………….…………………......
Agreement No. : ……………………………………………………………….
Tender Notice No. ……..……………
PRESS NOTICE
Municipal Corporation Gurgaon
Notice Inviting Tender
1. Online bids are hereby invited on behalf of Commissioner MCG for the works mentioned
below:-
Name of Work: - ALLOTMENT OF RIGHTS FOR INSTALLATION, OPERATION AND
MAINTENANCE OF 69 UNIPOLES AT IDENTIFIED SITES IN THE AREA OF MUNICIPAL
CORPORATION, GURGAON FOR DISPLAY OF ADVERTISEMENTS FOR A PERIOD OF 6
MONTHS.
Sr. No.
of work
Earnest
Money
in Rs.
Tender
Document
Fee
in Rs.
During date & Time
Downloading of Tender
Document along with Tender
fees
Online Bid preparation and
hash submission
1 10,00,000 10,000 07/07/2015 at 14:01 to
28/07/2015 up to 17:00
07/07/2015 at 14:01 to
28/07/2015 up to 17:00
2. Tender will be opened on dated 07/08/2015, from 09:00 to 17:00
3. The detail tender notice can be seen on website: http://mcg.etenders.in
4. Possession of Digital Signature Certificate (DSC) and registration of the contractors on the
portal i.e. http://mcg.etenders.in is a prerequisite for e-tendering. Kindly contact o/o
Nextenders (India) Pvt. Ltd. or O/O Executive Engineer-VI, Engineering Wing, C-1, Infocity,
Sector-34, Municipal Corporation Gurgaon via email ee6@mcg.gov.in
5. For any other queries, please contact Executive Engineer VI, C-1, Infocity, Sector-34, Municipal
Corporation Gurgaon at 09958917904 or Assistant Engineer-VII at 08826794028.
6. For further details and e-tendering schedule, visit website http://mcg.etenders.in
Executive Engineer-VI
Municipal Corporation Gurgaon.
for & on behalf of Commissioner, Municipal Corporation, Gurgaon
MUNICIPAL CORPORATION GURGAON
NOTICE INVITING TENDER
Online bids are hereby invited on behalf of Commissioner, Municipal Corporation, Gurgaon for the
work as mentioned below:-
Name of Work: ALLOTMENT OF RIGHTS FOR INSTALLATION, OPERATION AND
MAINTENANCE OF 69 UNIPOLES AT IDENTIFIED SITES IN THE AREA OF MUNICIPAL
CORPORATION, GURGAON FOR DISPLAY OF ADVERTISEMENTS FOR A PERIOD OF 6
MONTHS
Sr. No.
of work
Earnest
Money
Rs.
Tender
Document
Fee
in Rs.
During date & Time
Downloading of Tender
Document & Payment of
Tender Document fees
Online Bid
preparation and
hash submission
1 07/07/2015 at 14:01 to
28/07/2015 up to 17:00
07/07/2015 at
14:01 to
28/07/2015 up
to 17:00
1. Tender documents can be seen on website: http://mcg.gov.in and downloaded online from
the Portal: http://mcg.etenders.in by the Firms / Individual registered on the Portal.
2. As the Bids are to be submitted online and are required to be encrypted and digitally signed,
the Bidders are advised to obtain Digital Signature Certificate (DSC) at the earliest. For
obtaining Digital Certificate, the Bidders should follow point No. 3 under "Annexure-A -
Conditions of e-tendering".
3. Key Dates
Sr.
No.
MCG State Contractor Stage Start Date / Time Expiry Date
/ Time
1 Release of Tender
document
07/07/2015 at
10:00
07/07/2015
at 20:00
2
-
Downloading of Tender
Documents along with
Tender fees
07/7/2015 at 20:01 28/7/2015
at 17:00
3 -
Online Bid Preparation
& Hash Submission
07/07/2015 at
20:01
28/7/2015
at 17:00
4 Technical & Financial
Lock - 29/07/2015 at
09:00
29/7/2015
at 17:00
5 -
Re-Encryption of Online
Bids
30/07/2015 at
09:00
31/7/2015
at 20:00
6 Open EMD &
Technical/PQ Bid - 01/08/2015 at
09:00
5/8/2015
at 20:00
7 Eligibility criteria
evaluation -
01/08/2015 at
09:00
5/8/2015
at 20:00
8 Open Financial/Price-
Bid -
01/08/2015 at
09:00
7/8/2015
at 20:00
4. The Bidders can download the tender documents from the Portal: http://mcg.etenders.in.
Tender Documents Fees has to be paid online through payment gateway during the
"Downloading of Tender Document & Payment of Tender Document fees" stage and Earnest
Money Deposit has to be submitted through Demand Draft in favour of Commissioner,
Municipal Corporation Gurgaon or the same can be deposited at Citizen facilitation Center,
Opposite General Hospital, Gurgaon and G-8 receipt of the same be uploaded on website. The
particulars are to be given online at the e-tendering website of the department:-
In Case of DD:-
a) Name of a/c holder from whose a/c payment for earnest money has been made by the agency
b) A/C No.
c) Name of the Bank
d) DD No. or G-8 receipt No.
e) Mode of payment Demand Draft or G-8 receipt etc.
f) Amount of Payment
In Case of G-8 Receipt:-
a) Name of the firm depositing the tender document form.
b) G-8 receipt No.
c) Date of deposition.
Willing Contractors shall have to pay the Tender Document Fees through payment
gateway during the "Downloading of Tender Document & Payment of Tender Document fees"
stage. However, as the details of the EMD are required to be filled at the time of Bid
Preparation and Hash Submission stage, the Bidders are required to keep the EMD details
ready beforehand and upload the scanned copy of DD or G-8 receipt.
5. The tender shall be submitted by the bidder in the following three separate envelops online:
1. Earnest Money and all the documents
in support of eligibility criteria - Envelope 'ED'
2. N.I.T. and Technical Bid - Envelope 'T I'
3. Price Bid - Envelope 'C I'
Note: - Bidders shall submit the scanned copy of DD or G-8 receipt as EMD online. However DD or G-
8 should be submitted physically before 28/07/2015. Documents in support of eligibility criteria shall
also be submitted in Envelope 'ED'. Reference of the EMD is to be mentioned online.
Price Bids are to be submitted online and shall not be accepted in any physical form. The Minimum
quoted rate should be Rs. 450/- per Sq.ft. as Rs. 450/- Sq.ft. is the reserve price.
The envelopes 'ED' & 'TI' shall be kept in a big outer envelope, which shall also be sealed online. In
the first instance, the Envelop - 'ED' of all the Bidders containing the Earnest Money and documents
supporting eligibility criteria shall be opened online. If the Earnest Money and eligibility of bidder is
found proper, the Envelop 'TI' containing Technical Bid shall be opened in the presence of such
bidders who either themselves or through their representatives choose to be present. Financial bid
shall be opened only if the bidders meet the eligibility criteria as per the Bid document.
The bidder will submit the necessary documents as under.
Envelope 'ED' - Earnest Money Deposit and eligibility criteria Envelop
Online EMD Envelope-Reference details as well as scanned copy of the Earnest Money Deposit
instrument and scanned copy of documents supporting eligibility criteria.
Envelope 'TI' - Technical Bid Envelope
Online Technical Envelope - All the information and scanned copies of the Documents / Certificates
are required to be submitted online as per the Tender. Also, all such documents, if any, that cannot
be submitted online i.e. all the Information and Documents / Certificates as required to be submitted
in physical technical envelope before 28/07/2015.
Envelope 'CI' - Price Bid Envelope
To be submitted mandatory online- "Information related to Price Bid of the Tender". The Minimum
quoted rate should be more than Rs. 450/- per Sq.ft. as Rs. 450/- Sq.ft. is the reserve price of bid
document.
The bidder can submit their tender documents as per the dates mentioned in the schedule at Point
No. (3) above.
CONDITIONS:-
a. Conditional tenders will not be entertained & are liable to be rejected. b. The tender without earnest money will not be opened. c. The tender of the bidder who does not satisfy the eligibility criteria in the bid documents is
liable to be rejected summarily without assigning any reason and no claim whatsoever on this
account will be considered.
Eligibility criteria evaluation & technical bid evaluation shall be done by a Committee as decided by
Worthy Commissioner, Municipal Corporation Gurgaon.
The bid for the work shall remain open for acceptance during the bid validity period to be reckoned
from the date of "Online Bid preparation and Hash submission". If any bidder withdraws his bid
before the said period, any modifications in the terms and conditions of the bid, the said earnest
money shall stand forfeited. Bids would require to be valid for 3 months from the date of closing of
online "Bid preparation and Hash submission stage".
-Sd-
Executive Engineer VI
Municipal Corporation, Gurgaon
for and On Behalf of Commissioner MCG
Endorsement No. EE-VI/ MCG / 2015 / Dated
A copy of above is forwarded to the following for information and wide publicity:
1.) Commissioner, Municipal Corporation Gurgaon.
2.) Deputy Commissioner, Gurgaon.
3.) Mayor, Municipal Corporation, Gurgaon
4.) Chief Engineer, Municipal Corporation Gurgaon.
5.) Superintending Engineer, Municipal Corporation Gurgaon.
6.) Superintending Engineer, P.W.D. (B&R) Circle, Gurgaon.
7.) Superintending Engineer, Public Health Engineering Circle, Gurgaon.
8.) Superintending Engineer, Circle No. 1 & 2, HUDA, Gurgaon.
9.) GM, BSNL Gurgaon for taking necessary steps during execution of works.
10.) Chief Account Officer, Municipal Corporation Gurgaon.
11.) Executive Engineer I/ II/ III/V/VI/VII/Roads, Municipal Corporation Gurgaon.
12.) Executive Engineer, Marketing Board, Gurgaon.
13.) Executive Engineer, Public Health Engineering Division, Gurgaon.
14.) Executive Engineer, PWD B&R Prov. Division No. 1 & 2, Gurgaon.
15.) Assistant Engineer (Electrical) (Zone-I, II, III & IV) Municipal Corporation Gurgaon.
16.) Dy. Director (Audit), Municipal Corporation Gurgaon.
17.) Assistant Register, Cooperative Societies, Gurgaon.
18.) Manager, Gurgaon Distt. Co-op. L/C Federation Ltd. 209/3 Gopal Nagar, Gurgaon.
-Sd-
Executive Engineer VI,
Municipal Corporation, Gurgaon
for and On Behalf of Commissioner MCG
CONDITIONS OF E-TENDERING
Instructions to Contractors on Electronic Tendering
1.) These conditions will over-rule the conditions stated in the tender documents, wherever relevant
and applicable.
2.) All the Contractors intending to participate in the tenders processed online, are required to get
registered for the Electronic Tendering System on the Portal http://mcg.etenders.in For more
details, please see the information in Registration info link on the home page.
3.) Obtaining a Digital Certificate:
3.1) The Bids submitted online should be encrypted and signed electronically with a Digital Certificate
to establish the identity of the bidder bidding online. A digital signature certificate has two keys
i.e. Public Key and Private Key. Public Key is used to encrypt the data and Private Key is used to
decrypt the data. Encryption means conversion of normal text into coded language whereas
decryption means conversion of coded language into normal text. These Digital Certificates are
issued by an approved certifying authority, by the controller of Certifying Authorities, Government
of India.
3.2) A Digital Certificate is issued upon receipt of mandatory identity proofs and verification letters
attested by the Notary Public / Charted Account / Any Gazatted Officer whose stamp bears
emblem of Ashoka. Only upon the receipt of the required documents, a digital certificate can be
issued.
3.3) The contractors may obtain Class II B digital certificate from any Certifying Authority or Sub-
certifying Authority authorized by the Controller of Certifying Authorities on the portal
http://cca.gov.in. or may obtain information and application format and documents required for
issue of digital certificate from one such certifying authority on given below which is :-
i.) TATA Consultancy Services Ltd., 11th Floor, Air India Building, Nariman Point, Mumbai-400021
website -www.tcs-ca.tcs.co.in
ii.) Sify Communications Ltd., III Floor, Tidel Park, 4 Canal Bank Road, Taramani, Chennai-
600113. Website - www.safescrypt.com
iii.) MTNL Trustline CA, O/o DGM (IT-CA), 5515, 5th Floor, Core-V Mahanagar Doorsanchal Sadan,
CGO Comples, MTNL, Delhi-110003. Website - www.mtnltrustline.com
iv.) iTrust CA (IDRBT), Castle Hills, Road No.1, Masab Tank, Hyderabad, Andhra Pardesh -500057.
Website - idrbtca.org.in
v.) (n)Code solutions, 301, GNFC Tower, Bodak Dev, Ahmedabad-380054, Gujarat. Website -
www.ncodesolutions.com
vi.) National Informatics Centre Ministry of Communication and Information Technology, A-Block
CGO Complex, Lodhi Road, New Delhi-110003. Website https://nicca.nic.in
vii.) e-Mudhra CA, 3i Info-tech Consumer Serivces Ltd, 3rd Floor, Sai Arcade, Outer Ring Road,
Devarabeesanahalli, Bangalore560036, Karnataka Website - http://www.e-Mudhra.com
Contractors may also obtain information and application format and documents required for issue of
digital certificate from the following:-
i.) Nextenders (India) Pvt. Ltd., O/O Additional Chief Engineer, HUDA, Sector 40, M- Block South City
–I, Gurgaon. Contact persons : Sh. Sanjay- +918743042801.
ii.) Nextenders (India) Pvt. Ltd., YUCHIT, Juhu Tara Road, Mumbai-400049 Email-
Chandigarh@nextenders.com
iii.) Nextenders (India) Pvt. Ltd., O/o HSRDC, Bays No.13-14, Sec-2, Panchkula-134151, Contact
Person: Manmit – 09815034028
3.4 Bid for a particular tender may be submitted only using the digital certificate, which is used to
encrypt the data and sign the hash during the stage of bid preparation and hash submission. In
case, during the process of a particular tender, the user loses his digital certificate (i.e. due to
virus attack, hardware problem, operating system problem), he may not be able to submit the bid
online. Hence, the users are advised to have back up of certificate and keep the copies at safe
place under proper security to be used in case of emergencies.
3.5 In case of online tendering, if the digital certificate issued to the authorized user of a firm is used
for signing and submitting a bid, it will be considered equivalent to a no-objection
certificate/power of attorney to that User. The firm has to authorize a specific individual via an
authorization certificate signed by all partners to use the digital certificate as per Indian
Information Technology Act 2000. Unless the certificates are revoked, it will be assumed to
represent adequate authority of the user to bid on behalf of the firm for Municipal Corporation
Gurgaon , Haryana tenders as per Information Technology Act 2000. The digital signature of this
authorized user will be binding on the firm. It shall be the responsibility of management / partners
of the registered firms to inform the certifying authority or Sub Certifying Authority, in case of
change of authorized user and applies for a fresh digital certificate and issues an 'authorization
certificate' for the new user. The procedure for application of a digital certificate will remain the
same for the new user.
3.6 The same procedure holds true for the authorized users in a private/Public limited company. In
this case, the authorization certificate will have to be signed by the directors of the company.
4. Set up of machine: In order to operate on the electronic tender management system, a user's
machine is required to be set up. A help file on setting up of the system can be obtained from
NexTenders (India) Pvt. Ltd. or downloaded from the home page of the website -
http://mcg.etenders.in.>> "Information for new users".
5. Online Viewing of Notice Inviting Tenders: The contractors can view the N.I.T and the time
schedule (Key Dates) for all the packages floated using the electronic tendering system on the
Haryana MCG website http://mcg.etenders.in.
6. Opening of an Electronic Payment Account:
6.1 For purchasing the tender documents online, contractors are required to pay the tender
documents fees online using the electronic payments gateway service as mentioned at S. No.8.
6.2 For the list of payments using which the online payments can be made, please refer to the Home
page of the Portal http://mcg.etenders.in
7. Submission of Earnest Money Deposit:
7.1 The EMD Payment can be made by eligible contractors through DD in favour of Commissioner,
Municipal Corporation Gurgaon or the same can be deposited at Citizen facilitation Center,
Opposite General Hospital, Gurgaon and G-8 receipt of the same be uploaded on website.
7.2 Contractors have to submit the EMD either physically in the form of DD or deposited in a sealed
physical envelope which should reach the office of concerned Executive Engineer as mentioned in
the Tender Notice or make EMD payment at Citizen facilitation Center.
8. Submission of Tender Document Fees: The Payment can be made by eligible contractors online
directly via Credit Card / Internet Banking Account / Cash Card / Debit card. The contractors have
to pay for the tender documents online by making online payment of tender document fees using
the service of the secure electronic payment gateway. The secure electronic payments gateway is
an online interface between contractors and credit card / online payment authorization networks.
9. Purchase of Tender Documents & Download of Tender Documents: The tender documents can only
be downloaded from the Electronic Tendering System on the Portal http://mcg.etenders.in
10. Submission of Bid Seal (Hash) of online Bids: Submission of bids will be preceded by submission of
the digitally signed bid seal (Hash) as stated in the tender time schedule (Key Dates) of the
Tender. Bidders should take note of any corrigendum being issued on the website on a regular
basis. They should view and note down the tender Hash and ensure that it matches with their
previous noted Hash before confirming the rates.
11. Generation of Super Hash: After the time of submission of Bid Seal (Hash) by the bidders has
lapsed, the bid round will be closed and a digitally signed tender Super Hash will be generated by
authorized Haryana MCG official. This is equivalent to sealing the tender box.
12. Submission (Re-encryption) of actual online bids: Bidders have to submit their encrypted bids
online and upload the relevant documents for which they generated the hash at the stage of hash
generation and submission after the generation of Super Hash within the date and time as stated
in the Notice Inviting Tenders (Key Dates). The electronic bids of only those contactors who have
submitted their bid seals (Hashes) within the stipulated time, as per the tender time schedule (Key
Dates), will be accepted by the System. A bidder who does not submit his bid seal (Hash) within
the stipulated time will not be allowed to submit his bid.
13. Key Dates:
13.1 The bidders are strictly advised to follow dates and time as indicated in the Notice Inviting Tender.
The date and time will be binding on all the bidders. The bidders are required to complete the
stage within the stipulated time as per the schedule to continue their participation in the tender.
All online activities are time tracked and the system enforces time locks that ensure that no
activity or transaction can take place outside the start and end dates and time of the stage as
defined in the Notice Inviting Tender. The bidder should check the status of a particular stage by
following the below mentioned procedure:-
a. Click on "Main" after login into the portal.
b. Select "Tender Search" and click on "Go"
c. Next screen will appear on the screen and click on "Search" button to view the list of
various tenders.
d. Select the tender whose status is to be viewed by clicking on the tender no.
e. Click on "Action page" button. The status of all the stages i.e. whether "Pending" or
"Completed" can be viewed.
The bidder should ensure that the status of a particular stage should be shown as "Completed"
before the expiry date and time of that particular stage and he should possess a copy of receipt of
completion of each stage to be performed from his end. It will be the sole responsibility of the bidder if
the status of a particular stage is "Pending" till the expiry date and time of that stage and he is not able
to proceed further in the e-tendering process.
14. Other Information:
14.1 The intending bidders shall fill the lumpsum rate / item rate in the online templates of the online
tender. The Price Bid has to be submitted mandatory online.
14.2 Technical Bid Documents that cannot be submitted online, if any should be put in separate sealed
envelopes and these sealed envelopes together with the documents listed below should be sealed
in another cover and delivered to this office before the date and time mentioned in the Tender
document.
i. A list of all documents accompanying the sealed envelopes containing the tender
documents.
ii. Duly accepted power of Attorney in original along with its two certified copies in the name
of bidder or authorized representative to act on behalf of the agency.
iii. Documents in respect of payment of earnest money.
14.3 Tender must strictly abide by the stipulations set forth in notice inviting tender & while tendering
for the work, the bidder shall adopt only the three envelope system.
14.4 The third envelop - Price Bid envelope has to be submitted mandatory online and shall not be
accepted physically under any circumstances. In case any bidder does not comply with procedure
given above, it will be presumed that he is not interested in the work and the work shall not be let
out to him. Further he may be de-listed without further notice to him for failing to abide by the
strictly approved terms of notice inviting tender for this work. The Minimum quoted rate should be
more than Rs. 450/- per Sq.ft. as Rs. 450/- Sq.ft. is the reserve price of bid document.
14.5 The tenders which are not accompanied by the earnest money or proof of earnest money or do not
strictly follow the technical requirement, are liable to be rejected summarily.
14.6 Tenders / quotations which are dependent upon the quotations of another bidder shall be
summarily rejected.
14.7 The tenders of the bidders who does not satisfy the qualification in the bid documents are liability
to be rejected summarily without assigning any reason and no claim what so ever on their account
will be considered.
Note: - Bidders participating in e-tendering shall check his/her validity of Digital Signature Certificate
before bidding in the specific work floated online at e-tendering portal of Municipal Corporation Gurgaon ,
Haryana on the website http://mcg.etenders.in. Also, the bidder will be held liable solely, in case, while
bidding in particular stage - Date & Time expired as per the key dates available on the tender document.
Key dates are subject to change in case of any amendment in schedule due to any reason, but the same
will be intimated via Corrigendum on website.
15. DISCLAIMER FOR TENDER DOCUMENT
15.1 The Tender document (Tender Document + Draft License Agreement) is available for bidding.
Earnest Money amounting to Rs. 10 Lacs ( Rs. Ten lacs only) is also to be deposited at the
time of submission of tender documents as mentioned in PT(7).
15.2 The bidders are requested to get in touch with Executive Engineer VI, C-1, Infocity, Sector-34,
Municipal Corporation Gurgaon or refer website for all updates on the tender such as addendums,
replies to queries, postponement of tender schedules etc. No claims or compensation will be
entertained on account of the bidder having not read/noticed the updates, etc.
15.3 All correspondence with respect to this tender, clearly marked “Reference: TENDER FOR
ALLOTMENT OF RIGHTS FOR INSTALLATION, OPERATION AND MAINTENANCE OF 69 UNIPOLES AT
IDENTIFIED SITES IN THE AREA OF MUNICIPAL CORPORATION, GURGAON FOR DISPLAY OF
ADVERTISEMENTS FOR A PERIOD OF 6 MONTHS” may be addressed to:
Executive Engineer-VI
C-1, Infocity, Sector-34,
Municipal Corporation Gurgaon.
Or email at ee6@mcg.gov.in
15.4 If EMD paid through DD, Demand Draft should be drawn on any Scheduled commercial bank
in favour of “Commissioner, Municipal Corporation Gurgaon”.
15.5 Do not tamper, alter or change the contents of the document. If at any time it is found that
the document has been tampered, altered, modified or changed, necessary applicable action,
including legal will be taken against the said party, besides forfeiture of all submissions to
MCG.
16 INSTRUCTIONS TO BIDDERS
16.1 Bidders are required to read carefully the contents of this document including Technical
Capabilities.
16.2 Bidders are to complete the tender form and provide all the other documents/information in
sufficient detail. The completed tender application form and other documents must be
prepared and submitted in original, and must be so marked. Submittals from bidders will be
evaluated on the basis of their experience and their technical, administrative and financial
capability to perform the contract. Poor past performance record such as abandoning of
works; not properly completing contracts; litigation history, financial failure etc, pending
liabilities payable to MCG may lead to rejection.
16.3 All documents must be in English language and each page of the Tender Application Form
must be duly completed. Each page of the tender document must be signed, numbered &
stamped as a token of acceptance of the terms & conditions of the Contract & uploaded online
as part of technical bid. Any unsigned and unstamped document will not be considered.
16.4 Only the successful bidder will be informed of the result. The bidder hereby acknowledges
and agrees that MCG will not be obliged to discuss any aspect of the tendering process.
16.5 Bidders should note clearly the last date and time of submittal of the tender applications
online. No late or delayed applications will be accepted.
16.6 Bidders are reminded that no supplementary material will be entertained by MCG. However
MCG may, if necessary, at its sole discretion ask for any clarification regarding the submitted
tender and/or other documents.
16.7 Bidders and/or successful bidder who are/is found to have made any misleading or false
representations in the tender including any statements, attachments, document, Performa’s &
annexure submitted as proof of the requirements, shall be disqualified.
16.8 The location of unipoles is mentioned at 1.3.1. However summary of Unipoles is as under:-
Zone Nos. of
Unipoles
Area in Sqft.
( No. X lengthX height)
Total Area of
Display
Sq. mtr.
Total area of
Display in Sq.
Ft. Single Side Double Side
Zone-I 17 9 8 477.16 5134.24
Zone-II 08 7 1 133.80 1439.68
Zone-III 23 2 21 563.00 6057.88
Zone-IV 21 1 20 469.12 5047.70
Total 69 1643.08 17679.50
For exact location of unipoles be stated & further details feel free to contact the office
of Executive Engineer VI, C-1, Infocity, Sector-34, Municipal Corporation Gurgaon.
16.9 The bidders may visit the site before submission of bids, to assess to the availability of site
and spaces at the locations identified for unipoles. No rebate in license fee will be granted/
considered in case of non availability of space or any dispute due to any reason. The Licensee
will have to seek the NOC as applicable from other department/ authority at his own level
and at his cost. However the MCG, can send formal request thereof, if required to seek NOC
of approval from other Deptt. /authority.
16.10 The successful bidder shall have to ensure the following requirements within 15 days of issue
of letter of acceptance to avoid cancellation of acceptance:-
i. Payment of security deposit / Performance guarantee
ii. Yearly License Fees to be paid in Advance. See Section 3.2 for more details.
iii. Payment of any other dues as may be indicated in the letter of acceptance.
iv. Submission of both affidavits on stamp papers (Non-Judicial) of Rs. 100 each.
v. Submission of all risks Insurance Policy valid for at least one year.
TABLE OF CONTENTS (TENDER DOCUMENT)
1. SECTION 1- PROJECT BACKGROUND
1.1 Introduction
1.2 Scope of Work
1.3 Description of sites
1.4 Specification of Unipole
2. SECTION 2 - GENERAL TERMS AND CONDITIONS
2.1 Technical Qualification conditions
2.2 Bids by consortium
2.3 Assign ability and Encumbrances
2.4 Statutory Clearances
2.5 Right to Reject Tenders
2.6 Misrepresentation / Fraud I Breach of Terms and Conditions
2.7 Earnest Money Deposit and Interest free Performance Security
2.8 Proposal preparation Cost
2.9 Validity of offer
2.10 Disputes
2.11 Communication with MCG
3. SECTION 3- TENDERING SCHEDULE
3.1 Preparation & Submission of Proposal
3.2 Payments to MCG
3.3 Language and Currency
3.4 Sealing and Marking of Proposals
3.5 Bidders Responsibility
3.6 Modification and withdrawal of Proposals
3.7 Opening of Bids
3.8 Evaluation of Proposal
3. 9 Acceptance of Offer
3.10 Execution of License Agreement
3.11 Amendment of TENDER DOCUMENT
3.12 Unsuccessful Bidders
3.13 Penalty
3.14 Deduction of Dues
3.15 Joint Inspections
3.16 Repeated violation to result in cancelation
3.17 Power to waive fines.
3.18 License to be non-transferable
3.19 Compliance of Statutory /Labour laws.
3.20 All other laws to be applicable.
3.21 Selection of Advertisements
3.22 Indemnification of MCG against loss/damages.
3.23 Prior approval of MCG before fixing
3.24 Some Reserved Rights.
3.25 Surrender/Termination
3.26 Subletting of Rights
4.0 Force Majeure
5.0 Assets to become property of MCG upon completion
6.0 Assets to become property of MCG upon Premature Termination.
7.0 Notices
8.0 ANNEXURES
1. Letter of Application
2. General Information of the bidder
3. Summary of Technical Capability
4. Summary of Financial Capability
5. Format for Financial proposal
6. Affidavit
7. Format for Power of attorney
8. Draft License Agreement
SECTION 1: PROJECT BACKGROUND
1.1 INTRODUCTION
Govt. of Haryana has framed Haryana Municipalities Outdoor Advertisement Policy
2010 vide Notification No. 3/4/2006-R-1 dated 16.02.2010. Accordingly Municipal
Corporation, Gurgaon has decided to float the tender under the said policy for 69 sites for a
period of 6 Months.
1. 2 SCOPE OF WORK
1.2.1 The licensee can install/shift Unipoles at locations mentioned in the tender document
for a period of 6 months from the date of signing of contract.
Duration:
a) License period shall be for 6 months from the signing of contract. However, a period of
15 days will be allowed for new installation of unipoles. This period of 15 days will be
allowed from date of issue of LOI by MCG. During this period the Licensee will be
required to deposit the advance license fee after adjustment of EMD.
b) The license period of 6 months can be extended for another 2 months solely at the
discretion of MCG. The license fee for the extended 2 months will be in proportion to
original duration of license.
c) A further extension of 2 months or part thereof can be considered beyond extended
period of 2 months stated above but in no case the license can be extended beyond
total period of 10 months. The license fee will be in proportion to license fee for the
original period of 6 months.
1.3 DESCRIPTION OF SITES
1.3.1 The site locations are as follows:
Sr.
no. Location
Type of
Unipole
Single/
Double
Proposed Size
of unipole/
Dimension
Zone -I Size of Unipole in
Meters
Total
Size in
Meter
Total size
in Sq.ft.
1
Near Orient Craft
on Hero Honda
Chowk to Umang
Bhardwaj Chowk
Double 7600x3800mm 2 7.6 3.8 57.76 621.50
2
Near Sector 37
Chowk Hero
Honda Chowk to
Umang Bhardwaj
Chowk
Double 7600x3800mm 2 7.6 3.8 57.76 621.50
3
At Park Behind
Govt School
Pataudi Road
Single 10000x5000mm 1 10 5 50 538.00
4
Opposite Booster
near Harijan
Choupal Pataudi
Road
Single 2400x3200mm 1 2.4 3.2 7.68 82.64
5 Auto Market on
Basai Road Double 5000x2500mm 2 5 2.5 25 269.00
6
Sector 10 Collage
and Hospital
Chowk at Basai
Road
Double 2400x3200mm 2 2.4 3.2 15.36 165.27
7 Sector 9A and 9
and Basai Chowk Double 2400x3200mm 2 2.4 3.2 15.36 165.27
8 Basai Enclave Double 2400x3200mm 2 2.4 3.2 15.36 165.27
9 Sector-4 Chowk Double 2400x3200mm 2 2.4 3.2 15.36 165.27
10 At Panjiri Palnt
Laxman Vihar Double 2400x3200mm 2 2.4 3.2 15.36 165.27
11 Doltabad Chowk Single 7600x3800mm 1 7.6 3.8 28.88 310.75
12 Emeralds bay
Society Single 7600x3800mm 1 7.6 3.8 28.88 310.75
13 Near Dhanwapur
Chowk Single 7600x3800mm 1 7.6 3.8 28.88 310.75
14 Near Government
School Single 7600x3800mm 1 7.6 3.8 28.88 310.75
15 Near ATS Society Single 7600x3800mm 1 7.6 3.8 28.88 310.75
16
Near Dhankot
Chowk on NPR at
9000 R.D
Single 7600x3800mm 1 7.6 3.8 28.88 310.75
17
Near Dhankot
Chowk on NPR at
9500 R.D
Single 7600x3800mm 1 7.6 3.8 28.88 310.75
Zone-II
18
Main Maharana
partab Chowk
LHSNear MDI
corner
Single 3000x4500mm 1 3 4.5 13.5 145.26
19
Opp Max life
Insurance Nh-8
towards Delhi
(parallel to Road
Udyog vihar
phase-IV)
Single 3000x4500mm 1 3 4.5 13.5 145.26
20
Sec-17-18 road
LHS near corner
of LIC office
(Green Belt)
Double 2400x3200mm 2 2.4 3.2 15.36 165.27
21
Sec-17-18 road
LHS towards NH-8
Near State Bank
Academy Gurukul
Gurgaon
(Size20’x10’)
Single 2400x3200mm 1 2.4 3.2 7.68 82.64
22
Opp. Krishna
Furniture Atul
Kataria Chowk (
In front of Krishna
Furniture)
Single 5000x2500mm 1 5 2.5 12.5 134.50
23
Near DAV School
Gate Sec-14 RHS
(Single Side
Parallel to Road)
Single 7600x3800mm 1 7.6 3.8 28.88 310.75
24
Main Maharana
Pratap Chowk
near Subhash
Park (At the
corner of park
Parallel to road)
Single 7600x3800mm 1 7.6 3.8 28.88 310.75
25 Near Jhamb Guest
house Single 3000x4500mm 1 3 4.5 13.5 145.26
Zone-III
26
In fornt of Huda
C.G.H.S society
on Ghata Road
Double 3000x4500mm 2 3 4.5 27 290.52
27
In front of HVPNL
office on SPR
Road
Single 3000x4500mm 1 3 4.5 13.5 145.26
28
Near Sec-56
Police check post
m SPR Road
Double 3000x4500mm 2 3 4.5 27 290.52
29
On SPR Road 200
Mtr shed from
Police Check Post
towards G.F Road
Double 3000x4500mm 2 3 4.5 27 290.52
30
On SPR Road 400
Mtr ahead from
Chowk
Double 3000x4500mm 2 3 4.5 27 290.52
31
On SPR Road 200
Mtr before toward
to Sohna Road
Double 3000x4500mm 2 3 4.5 27 290.52
32 On Chowk of SPR
and G.F Road Double 3000x4500mm 2 3 4.5 27 290.52
33
Section between
Katchra Chowk to
Marble Market
100 Mtr before
Metro track
towards to
Katchra Chowk
within 1 Kilometer
Double 5000x2500mm 2 5 2.5 25 269.00
34
Section between
Katchra Chowk to
Marble Market
100 Mtr before
Metro track
towards to
Katchra Chowk
within 1 Kilometer
Double 5000x2500mm 2 5 2.5 25 269.00
35
Road from
Katchra Chowk to
Marbal Market
Double 5000x2500mm 2 5 2.5 25 269.00
36 Park Plaza round
about Double 5000x2500mm 2 5 2.5 25 269.00
37 Near Ardee City
Mall Sec-52A Double 5000x2500mm 2 5 2.5 25 269.00
38 Neelkanth
Hospital M.G Road Double 5000x2500mm 2 5 2.5 25 269.00
39 Sikenderpur Ghosi
- M.G Road Double 5000x2500mm 2 5 2.5 25 269.00
40 M.G. Road Entry Double 5000x2500mm 2 5 2.5 25 269.00
41 Plaza Solitaire
Mall M.G Road Single 5000x2500mm 1 5 2.5 12.5 134.50
42 Near DLF City
Court M.G Road Double 5000x2500mm 2 5 2.5 25 269.00
43 Near DLF City
Court M.G Road Double 5000x2500mm 2 5 2.5 25 269.00
44 Arya Samaj Road,
Sector-40 Double 5000x2500mm 2 5 2.5 25 269.00
45 Rajesh Pilot Road Double 5000x2500mm 2 5 2.5 25 269.00
46 Rajesh Pilot Road Double 5000x2500mm 2 5 2.5 25 269.00
47 Rajesh Pilot Road Double 5000x2500mm 2 5 2.5 25 269.00
48 Rajesh Pilot Road Double 5000x2500mm 2 5 2.5 25 269.00
Zone-IV
49
In front of Street
Electric Pole
Number 3513 in
front of Ireo
Society
Double 5000x2500mm 2 5 2.5 25 269.00
50
Near Subhas to
Honda Chowk
road (Left)
Double 2400x3200mm 2 2.4 3.2 15.36 165.27
51
Subhas Chowk to
Honda Chowk
Opp. Uniworld
(Resort)
Double 5000x2500mm 2 5 2.5 25 269.00
52
Subhas Chowk to
Honda Chowk
Opp. Today
(Resort)
Double 5000x2500mm 2 5 2.5 25 269.00
53
Hero Honda
Chowk in front of
inlead (Near
petrol pump)
Double 5000x2500mm 2 5 2.5 25 269.00
54
Sector-51,
Samaspur Road T
point
Double 2400 mm X
3200 mm 2 2.4 3.2 15.36 165.27
55
Sector-52 Near
Jawahar CGHS
(Parallel to Road)
Double 5000x2500mm 2 5 2.5 25 269.00
56
Sector-52 opp.
Jawahar CGHS
(Parallel to Road)
Double 5000x2500mm 2 5 2.5 25 269.00
57 Near Wazirabad
Red Light Double
2400 mm X
3200 mm 2 2.4 3.2 15.36 165.27
58
Near Xavier
School Chowk
(In Beside)
Double 5000x2500mm 2 5 2.5 25 269.00
59
Near Xavier
School Chowk (On
PP side)
Double 5000x2500mm 2 5 2.5 25 269.00
60
Near Subhas
Chowk Opp.
Omaxe
celebration
Double 5000x2500mm 2 5 2.5 25 269.00
61
Opp. Central
Park-II, Sohna
Road (Parallel to
Road)
Double 5000x2500mm 2 5 2.5 25 269.00
62
100 Mtrs. Inside
from SPR Entry
from NH-8 (Move
to Edge)
Double 5000x2500mm 2 5 2.5 25 269.00
63
400 Mtrs. DLF
Corporate Green
Gate
Double 5000x2500mm 2 5 2.5 25 269.00
64
150 Mtrs. DLF
Corporate Green
Gate
Double 5000x2500mm 2 5 2.5 25 269.00
65
350 Mtrs. DLF
Corporate Green
Gate(at the Edge
of right of way)
Double 5000x2500mm 2 5 2.5 25 269.00
66 Opposite Vatika
City Existing 17 E Double 5000x2500mm 2 5 2.5 25 269.00
67 Near Omera fuels
on Right of Way Double 5000x2500mm 2 5 2.5 25 269.00
68
Near Joint
Commissioner of
Police Crime
Office, sector-52
Double 2400 mm X
3200 mm 2 2.4 3.2 15.36 165.27
69
City Centre
Sector-47
(Parallel to Road)
Single 2400 mm X
3200 mm 1 2.4 3.2 7.68 82.64
Total 1643.08 17679.50
Note:
The licensee shall install only on the earmarked sites identified/audited as per direction of
Hon’ble High Court. Any violation shall result in immediate cancellation of the contract without
any prior notice.
The above locations shall be marked at the time of installation of unipoles
1.4 Specifications of Unipole
1.4.1 The location, area of display, no. of sides of display alongwith unipoles newly installed
for 69 unipole is attached at 1.3.1.
1.4.2 All 69 Unipoles will be newly installed by the agency at his own cost.
1.4.3 All 69 unipoles will become property of MCG in case of premature termination of
agreement.
1.4.4 No generator running on diesel/petrol/kerosene or any bio fuel would be allowed for
providing power for illumination but Solar panel shall be used for illumination of
advertisements.
1.4.5 It shall be imperative on the licensee to honor, in letter and spirit, all the existing
judgments of the Hon’ble Supreme Court of India & Hon’ble High Courts on the subject
and especially in the case of CWP 7639 of 1995 Nimit Kumar V/s Union of India, M.C.
Mehta case, COCP No. 2695 of 2012, Bhupinder Singh V/s Ram Niwas & others.
1.4.6 The unipole will be installed as per criteria laid down as under:-
a). While installing the structure or during the contract period, the advertiser/
licensee shall not cause any damage to any street furniture/pavement of the
street, in any manner whatsoever, and shall strictly abide by the guidelines
contained in the Haryana Municipalities Outdoor Advertisement Policy 2010.
b). The unipole shall be structurally sound and maintained in good and properly
secured condition.
1.4.7 The licensee shall be responsible for any injury or damage caused to or suffered by
any person or property arising out of or relating to the Unipole and the consequential
claim or claims shall be borne by the licensee who will also indemnify and safeguard
the MCG in respect of any such claim or claims.
SECTION 2: GENERAL TERMS AND CONDITIONS
2.1 TECHNICAL QUALIFICATION CONDITIONS
2.1.1 TECHNICAL AND FINANCIAL QUALIFICATION CONDITIONS
The bidder can be an individual (except minor), a Proprietor, partnership firm,
registered co-operative society, public or private limited company incorporated under the
provisions of Indian Companies Act, 1956. The bidder should be legally competent to enter
into contract as per prevailing laws. Only those bidders meeting both the following capability
criteria will be “Technically Qualified” for the project and will be considered further.
a) Technical Capability
i.) Should have experience of running or managing advertisement job for 3 years and
ii.) The bidder (company or individual director) shall not be blacklisted/ debarred from any
Municipal Corporation of the state or by any other Municipal Corporation of India or by
any Department/Board/Corporation of Govt. of India or of any State Govt. or any PSU”
and an affidavit shall be submitted in this regard on a stamp paper of Rs. 100/- and
iii.) The bidder is required to submit an undertaking that they will give full compliance to
all Technical Parameters of Haryana Municipalities Outdoor Advertisement Policy 2010
directions of Hon’ble Courts issued from time to time as well as byelaws, being framed
in future.
b) Financial Capability
i.) Annual average turnover of during the last 03 years, ending 31st March of the previous
financial year, should be atleast 30% of the estimate cost i.e. 14320395.00
ii.) The net worth be considered as 80% of the tendered value of the advertisement for 6
Months i.e. 38187720.00
iii.) An additional condition that there shall not be any pending dues payable to Municipal
Corporation Gurgaon on account of advertisement fee by the bidding company including
its Director (s)/ Partner (s)/ Proprietor (s) even if any director (s)/ partner (s)/
Proprietor (s) of the bidding company have been involved in any other company in the
past or at present against whom dues to be paid to Municipal Corporation Gurgaon are
pending. An affidavit thereof shall be submitted by the bidding company in this regard
which shall be considered as a part of eligibility criteria. The financial bid of defaulter
advertising bidder or Director (s)/ Partner (s)/ Proprietor (s), in case dues pending to be
paid to Municipal Corporation, Gurgaon shall be rejected.
The Minimum quoted rate should be more than Rs. 450/- per Sq.ft. as Rs. 450/- Sq.ft. is
the reserve price of bid document.
2.1.2 Explanations for the purpose of Technical Qualification
2.1.2.1 The bidder must submit completion certificate for each of the experience claimed
issued by the client and adequate documentation (like certification from clients, letter
of acceptance, agreement etc.) for running contracts.
2.1.3. Net Worth will be calculated as follows:
In case of a Company, Net worth = (Paid up Share Capital) + (Reserves and
Surpluses) - (Revaluation of Reserves + Intangible Assets + Miscellaneous expenditure
to the extent not written off + Accumulated Losses).
Any other asset/liability appearing in the Balance sheet and contingent liabilities
affecting the Net worth shall be taken into account by MCG to compute the net worth.
In case of a Partnership firm net worth = the contribution by each partner taken
together in the capital of the firm - (Accumulated Losses + Intangible Assets + any
other expenditure to the extent not written off).
In case of Proprietorship, the net worth = capital of the proprietor + profit –
(Accumulated Losses + Intangible Assets + any other expenditure to the extent not
written off).
A Chartered Accountant should certify individual Net worth statement only and
in the case of companies by the Statutory Auditor of the company only.
2.1.4.3 The Bidder must submit Audited Annual Reports, Balance Sheet and Profit Loss
Accounts with Schedules forming part of annual accounts of the last 3 (three)
years.
2.2 BIDS BY CONSORTIUM
In case of a bid by a consortium of firms:
2.2.1 There can be a maximum of only three members in a Consortium.
2.2.2 The Technical Financial capabilities of only those members with equity stake equal to
or greater than 26% in the Consortium shall be considered relevant for evaluation
(Relevant Members). It is clarified that the technical experience and financial
capabilities of any other group company, or holding company or subsidiary company of
any bidder/ consortium member shall not be considered for evaluation unless such
company is also a part of the consortium with minimum 26% stake in the shareholding
of the consortium.
2.2.3 The Consortium as a whole must satisfy both the Technical and Financial capability
requirements given in Clause 2.1.1 and 2.1.3.
2.2.4 Each Consortium must specify the proposed equity shareholding nominate a lead
member of the Consortium. This shall be enshrined in the Memorandurn of Agreement
(MOA) signed by all Consortium members and submitted along with this bid as per
Annexure 8.
2.2.5 If the successful bidder is a consortium of firms, the License Agreement shall be signed
with entire Consortium i.e. all the Consortium Members shall be party to the License
Agreement. The Consortium may be allowed to promote and incorporate a Special
Purpose Company (SPC) to implement the Project, subsequent to the signing of the
License Agreement but the SPC need not be a Party to sign the Agreement. However,
before floating an SPC the Consortium shall have to furnish Power of Attorneys by all
the members of the consortium in favour of their officials to enter into the MOU for the
SPC. The SPC can be permitted only by way of convenience to the consortium
members. For the functional aspects the SPC will become the operating company of
the project, but the Consortium members shall continue to be responsible and liable
for due performance of all the obligations and responsibilities assumed by them under
the Agreement.
2.2.6 There will be no change in the Consortium’s proposed shareholding structure in the
submitted tender, till the Completion of the Project. If there are changes in the
Consortium structure before completion, the bidder/ licensee must take prior approval
of MCG. MCG reserves the right not to give such approval. No claim compensation or
damages on this account will be entertained by MCG.
2.2.7 The Relevant Members of the Consortium shall together maintain a minimum equity
stake of 51% of the aggregate shareholding of the Special Purpose Company at all
times. Any deviation from the above shareholding structure shall expressly be with the
prior consent of MCG. Further, any change in the equity shareholding pattern of the
Special Purpose Company during the license period resulting in a change in
management control shall be notified to MCG and prior permission taken which will not
be unreasonably denied. As and when the SPC is created and entrusted the task of
implementing the project, the constitutional documents of the SPC and Board
Resolutions authorizing the execution, delivery and performance of such tasks will
have to be submitted to MCG.
2.2.8 All members of the Consortium shall be liable jointly and severally, for the execution of
the project in accordance with the terms of the License Agreement.
2.2.9 Any individual bidder or a member of a Consortium bidding in this tender cannot be a
member in an other consortium and participate in this tender.
2.3 ASSIGN ABILITY and ENCUMBRANCES
2.3.1 Except for the sub-licensing the use of the built space, facility as per the terms of this
Agreement, the successful bidder (Licensee) shall not assign any of its rights, or
interest in this License Agreement in favour of any company/person(s) at any time and
for any reasons whatsoever.
2.3.2 Under no circumstance, the sites shall be mortgaged, charged or otherwise any lien
(including negative lien), charge or encumbrance be created or agreed to be created in
favour of any person, including Lenders I Financial Institution(s) / Banks etc.
2.4 STATUTORY CLEARANCES
2.4.1 The licensee shall comply with and abide by the judgments passed from time to time
by the Hon’ble Supreme Court of India or the Hon’ble Punjab & Haryana High Court
having hearing upon the subject of display of advertisement. Instructions issued by
MCG for complying with such judgments have to be followed by the Licensee. If any
location conflicts with any judgments or any provision of any law the licensee may
seek an alternative location from MCG. In case of any dispute regarding charging of
license fee for the affected period the decision taken by the Commissioner,
Municipal Corporation, Gurgaon shall be final and binding on the Licensee. No claims or
compensation or damages whatsoever will be entertained by MCG on this account.
2.4.2 The licensee will be fully responsible for the aesthetic maintenance of all the Unipoles,
installed by him. All Unipoles to be put up shall have to comply with standard safety
norms. No claims or compensation or damages whatsoever will be entertained by MCG
on this account.
2.4.3 The licensee will adhere to all provisions of the Haryana Municipal Corporation Act 1994
and amendments thereto, Haryana Municipalities Outdoor Advertisement Policy 2010
and also comply with all notices and circulars issued from the office of MCG which also
includes order of Hon’ble courts from time to time as well as byelaws if framed in
future.
2.5 RIGHT TO REJECT TENDERS
2.5.1 MCG reserves the right to reject any / all tenders including the highest tender or
withdraw the site of the tender at any stage without assigning any reasons. Nothing
contained herein shall confer right upon a bidder or any obligation upon MCG.
2.5.2 No claims or compensation or damages whatsoever will be entertained by MCG on this
account.
2.6 MISREPRESENTATION / FRAUD/ BREACH OF TERMS AND CONDITIONS
If it is discovered at any point of time that the bidder has suppressed any fact
or given a false statement or has done misrepresentation or fraud or has violated any
of the terms of this bid, the bid will be cancelled by the MCG. In such an event, the
bidder will not be entitled to any compensation whatsoever, or refund of any other
amount paid by him.
2.7 EARNEST MONEY DEPOSIT AND INTEREST FREE PERFORMANCE SECURITY
2.7.1 The Earnest money deposit shall be 2% of the estimated cost of tender i.e. Rs. Ten
Lacs only (Rs. 10 Lacs) and performance security shall be 10% of the estimate value
of the tender i.e. Rs. forty Eight Lacs only.(Rs. 48 Lacs).
2.7.2 Any bid, which is not accompanied by the requisite Earnest Money Deposit shall be
rejected outright.
2.7.3 The EMD submitted by the successful Bidder may be adjusted against the license fee.
2.7.4 The EMD of the other bidders shall be returned in accordance with clause 3.11.2.
2.7.5 The EMD shall however be forfeited in the following cases:
a) If the bidder withdraws its proposal (offer) during the interval between the Proposal Due Date and expiration of the Proposal Validity Period;
b) If the successful bidder fails to unconditionally accept the Letter of Acceptance in writing, within the time specified in this document, or any extension thereof granted
by MCG;
c) If the successful bidder fails to sign the License agreement and/or make the performance security within the time specified in this document, or any extension
thereof granted by MCG
2.7.6 Interest Free Performance Security
The successful bidder shall have to deposit the Performance security equivalent to the
license fee corresponding to 2 months quoted by successful bidder in the form of
Bank Guarantee in favor of Commissioner, Municipal Corporation Gurgaon drawn on
any scheduled commercial nationalized bank acceptable to MCG and payable at
Gurgaon before issue of acceptance letter.
2.7.7 The said Performance Security will be kept valid till the end of the License Period. The
Performance Security would however be forfeited in case of any Event of Default/
breach of agreement/tender conditions as described in the Draft License Agreement or
anywhere else.
2.8 BID PREPARATION COST
The Bidder shall be responsible for all the costs associated with the preparation
of its Bid and its participation in the bidding process, including all types of due
diligence in the process. MCG will not in any way be responsible or liable for such
costs, regardless of the conduct or outcome of bidding.
2.9 VALIDITY OF OFFER
2.9.1 The bid shall remain valid for a period not less than Ninety (90) days from the date of
opening of financial bid (Offer Validity Period). MCG reserves the right to reject any bid
that does not meet this requirement. Validity of proposal shall be extended for a
specified additional period at the request of MCG.
2.9.2 A bidder agreeing to the request will not be allowed to modify the bid, but would be
required to extend the validity of its EMD for the period of extension.
2.10 DISPUTES
2.10.1 All disputes between the successful bidder and MCG shall be settled as per the Dispute
Resolution procedure elaborated below. During the bidding process no dispute of any
type would be entertained. Where MCG asks for additional information from any
bidder, the same cannot be adduced as a reason for citing any dispute.
2.10.1.1 Conciliation
Any dispute or claim arising out of or relating to the License agreement or breach of any
terms or conditions of the License Agreement shall first be attempted to be settled by
Conciliation.
Except where otherwise provided for in the License Agreement, all questions and disputes
arising between the parties pertaining or relating to License Agreement directly or
indirectly connected with License Agreement shall in the first place be referred to a sole
conciliator to be appointed by Commissioner, MCG. There will be no objections if the
conciliator so appointed is an employee of MCG.
The conciliator shall make the settlement agreement after the parties reach agreement and
shall give an authenticated copy thereof to each of the parties.
The settlement agreement shall be final and binding on the parties. The settlement
agreement shall have the same status and effect as an arbitration award.
The views expressed or the suggestions made or the admissions made by either party in the
course of conciliation proceedings shall not be introduced as evidence any arbitration
proceedings.
Any dispute that cannot be settled through conciliation procedure shall be referred to
arbitration in accordance with the procedure given hereafter.
The parties agree to comply with the awards resulting from arbitration and waive their rights
to any form of appeal insofar as such waiver can validly be made.
2.10.1.2 Arbitration
a) Arbitration Procedure
If the efforts, to resolve all or any of the disputes through conciliation fail, then such a
dispute shall be referred within 7 days to a Sole Arbitrator who would be nominated by
Commissioner, MCG. The venue of such arbitration shall be at Gurgaon. The award of
the sole Arbitrator shall be binding on all parties. The cost of Arbitration shall be borne
by the respective parties. There will be no objections if the sole arbitrator nominated
or appointed is an employee of MCG and may have remained associated with operation
of license agreement in any capacity.
b) Place of Arbitration
The place of arbitration shall be Gurgaon.
c) Language
The request for arbitration, the answer to the request, the terms of reference, any
written submissions, any orders and awards shall be in English and, if oral hearings
take place, English shall be the language to be used in the hearings. The award shall
be made in writing.
d) Enforcement of Award
The Parties agree that the decision or award, which shall be a speaking order,
resulting from arbitration shall be final and binding upon the Parties and shall be
enforceable in accordance with the Provision of the Arbitration and Conciliation
Act subject to the rights of the aggrieved parties to secure relief from any higher
forum.
e) Performance during Arbitration
The Arbitration Proceedings shall be governed by Indian Arbitration and Conciliation
Act 1996, as amended from time to time including provisions in force at the time the
reference is made. Pending the submission of and/or decision on a Dispute and until
the arbitral award is published, the Parties shall continue to perform their respective
obligations under this Agreement without prejudice to a final adjustment in accordance
with such award.
f) The courts at Gurgaon shall have the sole exclusive jurisdiction to try all the cases
arising out of this agreement.
Notices
That any notice under the terms of this License shall be in writing by registered post or
delivered personally and signed by the party or his/its duly authorized representative giving
such notice. All activities including day-to-day management, billing, termination etc. will be
carried out from the office of the Commissioner, MCG or by his duly authorized
representative. Notice shall be addressed as follows:
Commissioner Municipal Corporation, Gurgaon, C-1, Infocity, Sector-34, Gurgaon-122001,
Haryana INDIA
If to the LICENSEE, at Address as given by licensee in tender document.
2.11 COMMUNICATION WITH MCG
Communication/correspondence to MCG will be done by a nodal member of licensee,
throughout the license period.
SECTION - 3: TENDERING SCHEDULE
3.1 PREPARATIONS AND SUBMISSION OF PROPOSAL
Proposal including technical & financial bids should be submitted in the forms
prescribed under this section and relevant annexure in Section 4.
3.1.1 Complete proposals shall be accepted only up to 1500hrs on scheduled date. Executive
Engineer VI, Municipal Corporation, Gurgaon who at his sole discretion, retains the
right, but is not under any obligation to extend the Proposal Due Date, by issuing an
corrigendum.
3.1.2 Bidders shall furnish the information strictly as per the formats given in Section 4 of
this document and without any ambiguity. MCG shall not be held responsible, if the
failure of any bidder to provide the information in the prescribed formats results in lack
of clarity in interpretation and consequent disqualification.
3.1.3 All proposals/bids/offers shall be signed by the duly Authorised Signatory of the Bidder.
Bidders shall submit a supporting Power of Attorney authorizing the Signatory of the
Proposal to commit the Bidder and agreeing to ratify all acts, deeds and things lawfully
done by the said attorney.
3.1.4 The proposal shall be initialed on each page by the Authorized Signatory in acceptance
of all terms and conditions of this tender. He shall also initial all the alterations,
omissions, additions, or any other amendments made to the Proposal.
3.1.5 All witnesses and sureties shall be the persons of status and probity and their full
names and addresses shall be stated below their signature. All signatures in the
Proposal documents shall be dated.
3.1.6 Bidders are required to submit only one set of the Proposal, including the Original
TENDER DOCUMENT online in acceptance of all terms and conditions of this tender.
Any individual, firm or company, which submits or participates in more than one
Proposal for the said project, shall be disqualified. All the bidders will be sent
clarifications to queries, till the date. The queries received after the date will not be
entertained by MCG. All the bidders are requested to monitor the MCG website for the
same.
3.2 PAYMENTS TO MCG
3.2.1 Licensee shall have to pay first installment of the license fee corresponding to 2
months in advance within 15 days of issue of LOI. The first advance payment of the
amount for 2 months will have to be deposited before the signing of Agreement.
Subsequent payments shall be made in installment at interval of 2 months & same
shall be submitted 15 days prior to due date.
3.2.2 Any delay in payments in the preceding clauses shall entail payment of interest @15%
per annum on the amount outstanding, for the days of default. Delays beyond 30
days of the due dates for recurring payment milestones will be treated as Licensee
Events of Default. In such an eventuality MCG retains the right to forfeit Performance
Security and claim damages from the licensee and even terminate the agreement as
mentioned in the Performance Security clause of the Draft License Agreement.
3.3 LANGUAGES AND CURRENCY
3.3.1 The Proposal and all related correspondence and documents shall be written in English
language.
3.3.2 The currency for the purpose of the Proposal shall be the Indian National Rupee (INR).
3.4 BIDDERS RESPONSIBILITY
3.4.1 It would be deemed that prior to the submission of Proposal, the Bidder has made a
complete and careful examination of:
i.) The requirements and other information set forth in this Tender document.
ii.) All the sites, existing facilities, encumbrances on every site and structures, access
roads and utilities in the vicinity of every site.
iii.) All other matters that might affect the Bidders performance under the terms of this
TENDER DOCUMENT, including all business potential, risks, costs, liabilities and
contingencies associated with the project and that proposals/ bids/offers have been
signed by the bidder or the duly authorized signatory of the bidder.
3.4.2 MCG shall not be liable for any mistake or error or neglect by the Bidder in respect of
the above. Proposals/ bids that are not substantively responsive to the requirements of
this TENDER DOCUMENT will be rejected.
3.5 MODIFICATIONS AND WITHDRAWAL OF PROPOSALS.
3.5.1 No Proposal/bids shall be modified or withdrawn by the Bidder after the bids have
been locked.
3.6 OPENING OF BIDS
3.6.1 The Technical bids and financial bids will be opened as per schedule given online.
3.6.2 MCG reserves the right to reject any Proposal and forfeit the EMD, if
a) The information and documents have not been submitted as requested and in the formats specified in the tender document.
b) There are inconsistencies between the Proposal and the supporting documents. c) It does not mention the validity period as set out in Clause 2.7. d) It provides the information with material deviations, which may affect the scope or
performance of the Project.
e) There are conditions proposed with the Technical and/or Financial Proposals.
3.6.3 A material deviation or reservation is one:
a. Which affects in any substantial way, the scope, quality, or performance of the Project, or
b. Which limits in any substantial way, inconsistent with the TENDER DOCUMENT, MCGs rights or the Bidders obligations, or
c. Which would affect unfairly the competitive position of other Bidders presenting substantially responsive bids.
3.6.4 No request for modification or withdrawal shall be entertained by MCG in respect of
such Proposals.
3 .7 EVALUATION OF PROPOSAL
The evaluation will be done in 2 stages as explained below
3.7.1 In Stage - I, the “ED Envelope” shall be first checked. Proposals without the
appropriate EMD will be rejected. Thereafter, “TI Envelope” containing the Technical
Qualification Documents submitted by the Bidders will be opened. The Tenders not
meeting the prescribed technical and financial capability criteria as per clause 2.1 will
be rejected. All bidders passing Stage -l evaluation shall be treated at par for
evaluation of Financial Bids.
In Stage-II of evaluation, the financial bids in “CI Envelope” of only those
bidders who have passed Stage I shall be opened by MCG who have passed Stage-I.
Bidders shall be ranked HI, H2, H3, etc. in decreasing order of their financial offers.
The selection will be on the basis of the highest License fee (HI) for the said work
3.7.2 Even if only a single bid is received and is technically qualified or a single bid amongst
several is technically qualified; MCG retains the right to open his financial bids and
award the project.
3.7.3 MCG would have the right to review the Proposals and seek clarifications where
necessary. The response from the Bidder(s) shall only be in writing but no change in
the substance of the Proposal would be permitted. It is clarified that bidders are free to
make suggestions but are not allowed to submit any conditional bid as specified
earlier.
3.7.4 Financial Proposals of Bidders who do not qualify the Stage-I of evaluation will not be
opened.
3.7.5 MCG reserves the right to reject any tender if it is of the opinion that the bidder lacks
the expertise, experience and is not in possession of requisite infrastructure required
for the purpose of the project. The discretion of the competent authority of MCG in this
respect shall be final and binding on all bidders.
3.8 ACCEPTANCE OF THE OFFER
3.8.1 MCG shall issue Letter of Acceptance (LOA) to the successful bidder.
3.8.2 The selected bidder is required to send their unconditional acceptance of LOA within
seven (7) days from the date of issue of LOA.
3.8.3 MCG shall retain the right to withdraw the LOA in the event of the selected bidder’s
failure to accept the LOA unconditionally within the limit specified in the above clause.
In this event, MCG shall forfeit the EMD of the selected bidder. Conditional acceptance
of LOA will also lead to forfeiture of EMD.
3.9 EXECUTION OF LICENSE AGREEMENT
3.9.1 The successful bidder is required to sign the License Agreement within 15 days of
conveying their unconditional acceptance of the LOA to MCG in writing. But prior to
signing of the Agreement, the Bidder must satisfy the following conditions, MCG shall
not execute the License Agreement until these conditions have been satisfied.
i) The Bidder has submitted the requisite Performance Security to MCG.
ii) The Bidder has submitted certified true copies of all resolutions adopted by its/their
Board of Directors authorizing it/them for execution, delivery and performance of this
Agreement to MCG before the signing of this License Agreement.
iii) The Bidder has submitted the advance license fee.
3.9.2 Failure to meet these conditions will result in a breach and MCG shall be entitled to
cancel the award without being liable in any manner whatsoever to the Bidder and to
forfeit the EMD and any other amount deposited till that time as Damages.
3.9.3 The cost of stamp duty for execution of License Agreement, registration charges and
any other related Legal Documentation charges and incidental charges will be borne by
the successful bidder.
3.9.4 In case of failure to sign the License Agreement within the stipulated time, MCG shall
retain the right to cancel the Award and forfeit the bidder’s EMD and any other amount
deposited till that time without being liable in any manner whatsoever to the Bidder.
3.10 AMENDMENT OF TENDER DOCUMENT
3.10.1 At any time prior to the Last date for its submission, MCG may, for any reason,
whether at its own initiative or in response to clarifications requested by a Bidder,
modify the TENDER DOCUMENT through the issuance of Corrigendum. This will be sent
in writing to all the Bidders and shall be binding upon them. These will be uploaded on
mcg.etenders.in website. Bidders are required to be in touch with MCG website.
3.10.2 In order to give the Bidders reasonable time, in which to take an Corrigendum into
account, or for any other reason, MCG may, at its discretion, extend the Proposal Due
Date.
3.11 UNSUCCESSFUL BIDDERS
3.11.1 MCG shall return the EMD received from the bidders who are not qualified in the
Stage- I of the evaluation, within 90 (Ninety) days of opening of the Technical bid. The
EMD shall be returned without payment of any interest.
3.11.2 EMD received from all the short-listed unsuccessful bidders after Stage-II of evaluation
shall be returned within a period of 90 (Ninety) days from the date of opening of
financial bid, and returned thereafter signing of agreement which ever is earlier,
without payment of any interest
3.12 Penalty:
Licensee will be penalized up to Rs.10, 000/- per offence by MCG in addition to any
other criminal liability under any law of Govt. of India or Govt. of Haryana on the
following offense:
• Late payment of MCG dues including interest accrued due to late payment. The
licensee must deposit license fees in advance by the due date. No excuse of non/late
receipt of bill/invoice will be entertained as the payment has to be made in advance.
• Not following the instructions of the MCG regarding Advertisements even after 1 day
from the date of issue of notice.
• Any staff of licensee found in drunken condition/indulging in bad conduct.
• Any staff of the licensee found creating nuisance on duty
• Sticking of stickers or hanging of banners or any other form of presentation other than
allowed.
• Improper maintenance defacement of the advertisement, Hanging of wires etc.
• Dishonor of drafts and Cheques given by Licensee in favour of Commissioner, MCG.
• Misbehavior with staff of MCG.
• Not following safety and security norms as may be indicated by authorised
representative of MCG.
• Not following instructions issued by MCG from time to time and other violations of the
contract agreement.
• Using of additional area without prior approval of MCG.
3.13 Deduction of Dues:
MCG reserves the right for deduction of MCG dues from Licensee’s security amount on
the following grounds:
a) Any amount imposed as a fine by MCG for irregularities Committed by the Licensee. b) Any amount which MCG becomes liable to the Government /Third party on behalf of
any default of the Licensee or any of his/her/their servant/agent/ employees or staff.
c) Any payment/fine made under the order/judgment of any court/consumer forum or law enforcing agency or any person working on his behalf.
d) Any other outstanding amount.
Once the amount under this clause is debited, the Licensee shall reimburse the security
deposit to the extent the amount is debited within 15 days of such debit by MCG (Licensor)
failing which it will be treated as breach of agreement and may lead to termination of
agreement with forfeiture of all amounts including interest free security deposit in favour of
MCG
3.14 Joint Inspection:
Periodical joint inspections will be conducted by MCG with the Licensee and in case of
any discrepancy or beaches of instructions issued by MCG, the MCG reserves the right
to impose fine of Rs.10, 000/- (Rs. Ten thousands only) per irregularity.
3.15 Repeated violations to result in cancelation:
For repeated violation of instructions, breach of agreement, MCG has the right to
cancel the agreement at the risk and cost of the Licensee, including forfeiture of
interest free Security deposit.
3.16 Power to waive fines:
The power to waive fines and penalty vests with Commissioner, MCG or his authorized
representative.
3.17 License to be non-transferable:
The license for Advertising rights is not transferable.
3.18 Compliance of statutory /labour laws:-
a. The Licensee shall comply with all the provisions of statutory laws, Labor Laws
regulation in force including but not limited to the Contract Labor (Regulation
&Abolition) Act, 1976, any subsequent amendment thereof and the rules made there
under. Licensee will indemnify the MCG for any loss and damages suffered due to
violation of its provision.
b. The Licensee shall bear the service tax as may be applicable from time to time.
3.19 All other laws to be applicable:
The Licensee shall comply with all applicable laws of land, including Pollution Control
Board guidelines and MCG can’t be held liable for any change/modification in these
laws which adversely affect this tender. No claim or compensation on this account will
be entertained.
3.20 Selection of Advertisements:
The Licensee shall take into account the following aspects while selecting
advertisements for the licensed Unipoles:
1. The advertisement is prohibited from carrying information or graphic or other items
relating to alcohol and tobacco products.
2. The advertisement will have no objectionable and indecent portrays of people,
products or any items. The advertisements should not hurt the sentiments of any
group or groups of the society. It should comply with the provision of Haryana outdoor
advertisement policy 2010.
3. The use of MCG’s name, logo or title without the licensor’s prior permission is strictly
prohibited. No co-branding with the Licensor is allowed, without prior permission.
3.21. Indemnification of MCG against loose/damages:
Fixing arrangements should be such that these should not damage the structures. Any
loss or damage caused due to this to any men’s property or life, the licensee will be
solely responsible and liable to fine/penalty as per actual. The licensee must take third
party insurance cover, the licensee agrees and undertakes to indemnify and hold
the MCG (licensor) harmless against any and all liabilities, Losses, damage,
claims, expenses suffered by the MCG (licensor) as a result of not taking such
insurance cover by the licensee. The licensee shall also strictly abide by any safety
guidelines as may be issued by MCG from time to time.
3.22 Prior approval of MCG before fixing:
The structures of Unipoles and the advertisements their on to be placed should have
the prior approval from MCG at all times before fixing /placing these at the approved
sites by the licensee.
3.23 Some reserved Rights:
a) I/we understand, comprehend and also agrees that MCG reserves the right to issue
changes, modifications to the terms and conditions, revise the document altogether or
even cancel or put on hold the tender process by open announcement before the date
and time of submission of the tender. I/we agree voluntarily not to contest this issue
or seek any claim or compensation on this account.
b) Licensee shall comply with and abide by the judgments passed from time to time by
Hon’ble Supreme Court/High Court or any other judicial/quasi judicial body of the
country.
c) I/we shall not ask for any claim or seek any compensation from MCG if any
advertisement spaces are not permitted due to any restrictions imposed
permanent/temporary by the court or civil authorities. In such cases licensee may
seek for alternative bare spaces in confirmation with any restrictions imposed
permanent/temporary by the court or civil authorities.
d) MCG have the right to auction/allot additional Advertisement rights by way of any
mode of Advertisement.
3.24 SURRENDER/TERMINATION OF LICENSE:
The contract can be surrendered or terminated by giving 3 (three) months notice. In
both situations the performance security of the licensee will stand forfeited. The
unused license fee for the rest of period will also not be refunded. Part surrender or
termination of license will not be accepted. On surrender by licensee, all the
advertisement media and structure will automatically become the property of MCG.
3.25 Subletting of Rights
At no time subletting of rights for advertisement to any other party / other advertising
agencies /outdoor agencies or out of home advertising agencies would be permissible
under this agreement.
4. Force Majeure
Neither MCG nor the LICENSEE shall be liable for any inability to fulfill their
commitments and obligations hereunder occasioned in whole or in part by Force
Majeure, Any of the following events resulting in material adverse effects hall
constitute a Force Majeure Event
a. Earthquake, flood, inundation, landslide; b. Storm, tempest, hurricane, cyclone, lightning, thunder or other extreme atmospheric
disturbances;
c. Fire caused by reasons not attributable to the Licensee; d. Acts of terrorism; and e. War, hostilities (whether war be declared or not), invasion, act of foreign enemy,
rebellion, riots, weapon conflict or military action or civil war;
f. Strikes or boycotts, other than those involving the Licensee, its contractors or their
employees, agents, etc.; and
g. Any other similar things beyond the control of the Party except Court Order/Judgment.
Such Force Majeure occurrence shall be notified to the other party within 15
days of such occurrence. If such Force Majeure continues for a period of three months,
the other party may be entitled to, through not being obliged to terminate this
agreement by giving a notice of one week to the other party. Such Force Majeure
occurrence shall be notified to the other party within 15 days of such occurrence. If
such Force Majeure continues for a period of three months, either party may be
entitled to, though not being obliged to terminate this agreement by giving written
notice to such effect
5.0. Assets to become property of Licensee upon completion:
At the expiry of tenure of license period, all Unipoles and their fixing arrangement
along with Server room equipments and other infrastructure will become the property
of licensee. Licensee shall get the unipoles removed from the site within 15 days.
If the licensee fails to do so within a grace period of 15 days from the date of
natural completion, because of any reason, of the License Agreement, the Licensee
shall be deemed to be an unauthorized / illegal occupant of the said sites and will be
liable to pay a penalty at a rate of thrice the prevailing license fee for the entire period
of such occupation along with the applicable annual license fees. The security deposit
of the licensee will be released after adjustment of any kind of dues. Upon natural
completion display of advertisement must be stopped immediately.
6.0. Assets to become property of MCG Upon premature termination:
All Unipoles and their fixing arrangement along with Server room equipments
and other infrastructure will become the property of MCG. Licensee is required to
hand over all such facilities to MCG in good working condition. The licensee shall not
tamper with the same or change their configuration. In case of failure MCG reserves
the right to seek exemplary damages and indemnification.
If the licensee fails to do so within a grace period of 30 days from the date of
premature termination, because of any reason, of the License Agreement, the Licensee
shall be deemed to be an unauthorized / illegal occupant of the said sites and will be
liable to pay a penalty at a rate of thrice the prevailing license fee for the entire period
of such occupation along with the applicable annual license fees. The security deposit
of the licensee will stand forfeited in favour of MCG. Upon termination, display of
advertisement must be stopped immediately.
7.0 Notices
That any notice under the terms of this License shall be in writing by registered post or
delivered personally and signed by the party or his/its duly authorized representative
giving such notice. All activities including day-to-day management, billing, termination
etc. will be carried out from the office of the MCG or by his duly authorized
representative. Notice shall be addressed as follows:
If to MCG at COMMISSIONER, Municipal Corporation Plot No. C-1, Infocity, Sector-34,
Gurgaon-INDIA
If to the LICENSEE, at (Address as given by licensee in tender document.)
ANNEXURE – I
LETTER OF APPLICATION
(To be submitted and signed by the Bidders authorized signatory)
To
Executive Engineer-VI
C-1, Infocity, Sector-34,
Municipal Corporation,
Sub: Allotment of rights for installation, operation and maintenance of 69 Unipoles at
identified sites in the area of Municipal Corporation, Gurgaon for display of
advertisements for a period of 6 months.
Sir,
1. I/we _____________ being duly authorized to represent and act for and on behalf of (herein the bidder), and having studied and fully understood all the information
provided in the bid document, the undersigned hereby apply as a bidder for allotment
of rights for installation, operation and maintenance of 69 UNIPOLES at identified sites
in the area of Municipal Corporation, Gurgaon for display of advertisements for a
period of 6 months according to the terms conditions of the offer made by MCG.
2. Our Technical and Financial Bid as per the requisite formats along with the supporting documents, duly filled and signed on each page are enclosed in envelopes as specified
in the tender document.
3. The Earnest Money Deposit is enclosed in the “ED Envelope” marked Earnest Money Deposit.
4. MCG and its authorized representatives are hereby authorized to conduct any inquiries / investigation to verify the statements, documents and information submitted in
connection with the tender and to seek clarification from our banker regarding any
financial and technical aspects. This letter of tender will also serve as authorization to
any individual or authorized representative of any institution referred to the supporting
information, to provide such information deemed necessary and requested by your
selves to verify statements and information provided in the tender or with regard to
the resources, experience and competence of the bidder.
5. MCG and its authorized representatives may contact the following persons for any further information:
Name of the person (s):..
Address:.
Phone: ; Fax:
6. This tender is made with full understanding that: a) Bids will be subject to verification of all information submitted at the time of
tendering.
b) MCG reserves the right to reject or accept any bid, cancel the bidding process, and / or reject all bids.
c) MCG shall not be liable for any of the above actions and shall be under no obligation to inform the bidder of the same.
7. I/we the undersigned declare the statements made, and the information provided in the duly completed tender forms enclosed, are complete, true and correct in every
detail.
8. I/we hereby confirm that I/we have read, understood and accepted all the detailed terms and conditions of this TENDER DOCUMENT and Project related Information as
required for the tender. I/we have also visited the project site for the assessment and
have made our own due diligence and assessment regarding the project.
9. I/we agree to keep our offer valid for 90 (Ninety) days from the date of opening of the financial bid thereof and not to make any modifications in its terms and conditions,
which are not acceptable to the MCG. I/we hereby agree to abide by and fulfill all the
terms, conditions and provisions of the aforesaid documents.
10. I/we hereby confirm that this tender is made with the full understanding that the validity of bids submitted by me/us will be subject to verification of all information,
terms and conditions submitted at the time of bidding and its final acceptance by
MCG. I/we agree that, without prejudice to any other right or remedy, MCG shall be
at liberty to forfeit the said EMD absolutely.
11. I/we hereby confirm that I/We agree to abide by the Haryana Municipal Corporation Act 1994 & amendments thereof and the Haryana Municipalities Outdoor
Advertisement Policy 2010
Authorized signatory Date:
Name and seal of Bidder Place:
Encl:
1. Power Of Attorney For Signing Of Tender
2. Relevant Submissions as per the given Formats
ANNEXURE - 2
GENERAL INFORMATION OF THE BIDDER
(a) Name :
(b) Country of Incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in India.:
Details of individual(s) who will serve as the point of contact / communication for MCG within
the Company:
Name :
Designation :
Company :
Address :
Telephone Number :
Fax Number :
E-Mail Address :
Web Site:
Signed
(Name of the Authorized Signatory)
For and on behalf of
(Name of the Bidder)
Designation :
Place :
Date :
Annexure 3
SUMMARY OF TECHNICAL CAPABILITY
Allotment of rights for installation, operation and maintenance of 69 Unipoles at identified
sites in the area of Municipal Corporation, Gurgaon for display of advertisements for a period
of 6 months.
Name of Bidder Name / Title of
Contract executed / on
hand
Name of the
Client / Employer
Cost of Contract
(Rs. Cr.)
Year of
Completion
1
2
3
4
5
Total
Note :
1. Figures may be provided for the past three years starting from 2012-13.
2. The Bidder should provide a Completion certificate for each completed contract from the Client / employer duly signed by Statutory Auditors.
3. For ongoing contracts the bidder should submit duly certified copy of letter of award/acceptance, copy of agreement, and proof of continuation of contract from the
client.
4. In the absence of requisite details, the information would be considered inadequate and may lead to exclusion of the particular project(s) in evaluation of Technical
Capability.
Signed
(Name of the Authorized Signatory)
For and on behalf of
(Name of the Bidder)
Designation
Place:
Date:
Annexure 4
FINANCIAL CAPABILITY OF BIDDER
(Rs. Crores)
Particulars/ Accounting Year 2011-12 2012-13 2013-14
1. Authorised Share Capital
2. Paid up Share Capital (excluding Share Application Money and Preference Shares)
3. Reserves and Surpluses (excluding
revaluation reserves)
4. Intangible Assets, Misc. Expenses not
written off, Accumulated Losses
5. Net Worth (2+3-4)
6. Turnover from relevant activities as per Clause 2.1.1 (b)
7. Debt mobilized during the year
Note:
1. Attach certified copies of Annual Audited Balance Sheets and IT Returns Certificate for the past 3 years.
2. Attach Certificate duly signed by the Statutory Auditors depicting year-wise
mobilization.
Signed Signature of CA/ Statutory Auditors
(Name of the Authorized Signatory) (with seal & registration no.)
For and on behalf of
(Name of the Bidder)
Designation
Place:
Date:
ANNEXURE - 5
FORMAT FOR FINANCIAL PROPOSAL
(to be submitted and signed by the Bidders authorized signatory)
To
Executive Engineer-VI
C-1, Infocity, Sector-34,
Municipal Corporation Gurgaon.
Sub:- Allotment of rights for installation, operation and maintenance of Unipoles at identified
69 sites in the area of Municipal Corporation, Gurgaon for display of advertisement for
a period of 6 months.
Sir,
We hereby submit our Financial Offer for the captioned project. If the project is
awarded to us, we agree to make the following payments to MCG as per the terms given in
the TENDER DOCUMENT.
1. Our quoted License fee has been submitted in “CI Envelope” as Rs. /
Sqft. /month amounting to Rs. per month (for 17679.50 sqft)
2. We are making this offer after taking into consideration all the terms and conditions stated in the TENDER DOCUMENT, and after careful assessment of the site, all risks
and contingencies and all other conditions that may affect the financial proposal.
We agree to keep our offer valid for 90 days from the date of opening of financial bid
of this Proposal.
Authorized signatory Date:
Name and seal of Bidder Place:
ANNEXURE 6
AFFIDAVIT
(To be given by the Bidder on Stamp Paper of Rs. 10)
I, …………………………... S/o. …………………………………, resident of …………………..... ………………..., the
……………………….. (insert designation) of the ------------------------------------------------------
--------, do solemnly affirm and state as follows:
1. I say that, I am the authorised signatory of. (insert name of company) (hereinafter referred to as Bidder) and I am duly authorized by the Board of
Directors of the Bidder to swear and depose this Affidavit on behalf of the bidder.
2. I say that, I have submitted information with respect to our eligibility for Gurgaon Municipal Corporations (hereinafter referred to as MCG) for allotment of rights for
installation, operation and maintenance of 69 unipoles at identified sites in the area of
Municipal Corporation, Gurgaon for display of advertisements for a period of 6 months
and I further state that all the said information submitted by us is accurate, true
and correct.
3. I say that, we hereby also authorize and request any bank, authority, person or firm to furnish any information, which may be requested by MCG to verify our
credentials/information provided by us under this tender and as may be deemed
necessary by MCG.
4. I say that if any point of time including the license period, in case MCG requests any further/additional information regarding our financial and/or technical capabilities, or
any other relevant information, we shall promptly and immediately make available
such information accurately and correctly to the satisfaction of MCG.
5. I say that, we fully acknowledge and understand that furnishing of any false or misleading information by us in our bid shall entitle us to be disqualified from the
tendering process & cancellation of license agreement along with penalties proposed in
the agreement of this project. The costs and risks for such disqualification shall be
entirely borne by us.
6. I state that all the terms and conditions of the TENDER DOCUMENT have been duly complied with.
DEPONENT
VERIFICATION:-
I, the above named deponent, do verify that the contents of paragraphs 1 to 6 of this affidavit
are true and correct to my knowledge. No part of it is false and nothing material has been
concealed .
Verified at ………………….. on this ………..... day of 2015
DEPONENT
ANNEXURE - 7
FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF TENDER
Know all men by these presents, we (name and address of the registered office) do hereby
constitute, appoint and authorize Mr./Ms. (name and residential address) who is presently
employed with us and holding the position of as our attorney, to do in our name and on our
behalf, all such acts, deeds and things necessary in connection with or incidental to our bid for
the project envisaging construction of the Project in the country of India. Including signing
and submission of all documents and providing information/responses to MCG, representing
us in all matters before MCG, and generally dealing with MCG in all matters in connection with
our bid for the said project.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid
attorney shall always be deemed to have been done by us.
For.
Accepted
(Signature)
(Name, Title and address) of the Attorney
Note:
The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executants(s) and
when it is so required the same should be under common seal affixed in accordance with the
required procedure.
Annexure - 8
DRAFT LICENSE AGREEMENT
THIS AGREEMENT entered into at Gurgaon on this _________________________
2014, between MCG having its office at Commissioner, Municipal Corporation, C-1,
Infocity, Sector-34, Gurgaon - 122001 (Haryana) India, hereinafter referred to as the
‘Licensor’ (which expression shall unless repugnant to the context mean and include it’s
successors and assigns) of the First Party
AND
M/s.____________________________, having its Registered office at,
_____________________________, hereinafter referred to as the ‘Licensee’ which
expression shall unless repugnant to the context or meaning thereof include the successors
and assigns of the Second Party
WHEREAS
MCG has invited Tender Application Form for Allotment of rights for installation, operation and
maintenance of 69 UNIPOLES at identified sites in the area of Municipal Corporation, Gurgaon
for display of advertisements for a period of 6 months.
NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. The following documents shall be deemed to form part and be read and construed as part of this agreement, namely:
a. Tender Document/Tender Application Form (TAF) b. Letter of Acceptance c. General terms and conditions
2. All conditions of Tender Document/ Tender Application Form (TAF) are applicable.
3. Provision of Haryana Municipal Corporation Act, 1994 Haryana Municipalities Outdoor Advertisement Policy 2010 and any byelaws framed in future & shall have overriding
effect in case of any conflict between the above document and the said Act and Policy.
That the LICENSOR on behalf of MCG and LICENSEE represent and warrant that they are
empowered, authorized and able to make this agreement. In witness whereof the parties
hereto have caused this agreement to be signed in their respective hands as of the day and
year first before written.
IN WITNESS WHEREOF THE, PARTIES HAVE EXECUTED AND DELIVERED THIS AGREEMENT
AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED SEALED AND DELIVERED
For and on behalf of MCG by: - For and on behalf of the Concessionaire by:-
In the presence of In the presence of
1) Commissioner, MCG 1)
2) Executive Engineer 2)
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