all india radioallindiaradio.gov.in/oppurtunities/tenders/documents/dda... · all india radio, a...
TRANSCRIPT
1
PRASAR BHARATI
(BROADCASTING CORPORATION OF INDIA)
AKASHVANI BHAWAN
PARLIAMENT STREET, NEW DELHI-110001
Tender No. 19/32/2015PIV
TENDER DOCUMENT
OF
Supply, Development, Customization, Installation, Implementation, Acceptance
Testing and Integration of Software for Booking, Traffic and Billing
for
All India Radio
2
TABLE OF CONTENTS
S. No. Contents Page No. A. Notice Inviting Tender 4 B Instructions to Bidders 5
C. Bid Data sheet 8 SECTION-I : BACK GROUND
1. About All India Radio 9 2. Objective of the Project 10 3. Areas of Operation 10 4. Existing Work Flow of Commercial wing of 11
All India Radio
5. Existing Work Flow of Program Scheduling of 13 All India Radio
6. Existing Work Flow of Billing &CSU of All India Radio 13 SECTION-II: SCOPE OF THE PROJECT
7.a 7.b
General Scope Requirement of the Project/ automation
14 15
8. Technical Requirements 18 9.
Requirement of CRM, Program Scheduling (Traffic), Finance
20
10. Project Schedule 27 11. Training Schedule 27
12. Payment schedule 27 SECTION – III : INSTRUCTUION TO BIAIRERS
13. Preparation of Tender 28 14. Eligibility criteria 30 15. Delivery of Tender 32 16. Address for Correspondence with All India Radio 33
17. Bid Bond/ Performance Bond 34 18. Bid Prices 34 19. Vague and Indefinite Expression 35 20. Validity Period of Offer 35 21. Pre-bid Meeting 35 22. Catalogue/Literature of the Software 35 23. Award Criteria 35 24. Payment of excise duty and sales taxes (on Final 36
products) and custom duty (For Indian Bidders)
25. Income Tax Liability 37
26. Order on Higher tender 37
27. Unsolicited Post Tender Modification 37
28. Clarification in respect of Incomplete Offers. 38
29. Amendment of Bidding Documents 38 30. Rectification 38 31. Employment by firms to officials of this Organization 38 32. Ethical Standard 38 33. Assignment 39
3
SECTION – IV: General Terms and Conditions (GTC)
34 Definitions 39
35 Miscellaneous Clauses: 41
36 Force Majeure 41 37 Subject Matter of Contract 42
38 Designs, Patents And Royalties 45 39 Failure And Termination Clause 46 40 Settlement of disputes: 46
41 Annexure -I 47
(LIST OF AIR, FM STATIONS)
42 Annexure -II
LIST OF AIR, PRIMARY CHANNEL STATIONS 48
43 Annexure -III
LIST OF VIVIDH BHARATI STATIONS 49
44 Annexure -IV (List of All India Radio Marketing Offices in India)
50
45 Annexure-V 51 (List of Abbreviations)
46 Annexure-VI 52 Proforma for Bidders to Acknowledge the Bid Document
47 Annexure-VII(Bid Form) 53 Annexure -VIII 54 48 (Proforma of Performance Bank Guarantee)
49 Annexure -IX(Check-List) 58 50 Annexure- X 63
(Deviation/Exclusions Schedule)
51 Annexure-XI 64 (Details Of Past Projects Implemented)
52 Annexure-XII 65 (Profile of the Bidder)
53 Annexure -XIII 67 (Technical Bid Format)
54 Annexure-XIV 69 (Letter of Authorization for Attending Bid Opening)
55 Annexure-XV 70 Details of the Personnel Proposed to be Deployed for
the Assignment
56 Annexure-XVI 71 (CV of the Project Manager/Team Leader/Team
Members)
57 Annexure-XVII 72 Financial Bid Forwarding Letter
58 Annexure-XVIII 74 Contract Agreement
59 Annexure -XIX 77 Agreement
60 Annexure-XX 78 Submission by Consortium
4
PRASAR BHARATI Directorate General, All India Radio
Parliament Street, New Delhi-110001
NOTICE INVITING TENDER
No-19/32/2015-PIV Dated: 29.07.2016
E-tenders in are invited for and behalf of Director General, All India Radio,
Prasar Bharati (India‟s Public Service Broadcaster), Akashvani Bhawan, Parliament
Street, New Delhi under two bid system for the Supply, Development, Customization,
Installation, Implementation, Acceptance Testing and Integration of Software For
Booking, Billing And Traffic for All India Radio in the prescribed Bid forms as per
annexure of Instructions to Bidder from agencies who have expertise in the field of
software development.
Sl.
No.
Tender
No.
Description of
Work
Qty.
(Nos.)
Tender
Fee in
(Rs.)
EMD
amount in
(Rs.)
Date& Time
of Opening
of Technical
Bid.
1. 19/32/2015
PIV
Supply, Development,
Customization,
Installation,
Implementation,
Acceptance Testing
and Integration of
Software For Booking,
Billing And Traffic for
All India Radio
1 Job
10,000/-
(Rs. Ten
Thousand
only)
10,00,000/-
(Rs. Ten
Lakhs only)
31.08.2016
at
1600 hours
1. The bid forms, General Instructions to bidders and other details including
amendments/ changes can be viewed/ downloaded from the website
www.tenderwizard.com/PB.
2. Tender notice is also available on the AIR website www.allindiaradio.gov.in
(using the link: tender) and CPP portal on website http://eprocure.gov.in.
Deputy Director (Admin)
for Director General,
All India Radio
5
PRASAR BHARTI
(INDIA‟S PUBLIC SERVICES
BROADCASTER) DIRECTOR GENERAL:
ALL INDIA RADIO,
AKASHVANI BHAWAN,
NEW DELHI -110 001
F.No.19/32/2015-PIV Date: 29- 0 7 - 2 0 1 6
Notice inviting e-tender
A) GENERAL INSTRUCTIONS TOBIDDERS
1. The scope of work to be tendered (Supply, Development, Customization, Installation,
Implementation, Acceptance Testing and Integration of Software For Booking, Billing
And Traffic for All India Radio) is available in the complete bid documents which can be
viewed/ downloaded free of cost from AIR portal http://allindiaradio.gov.in or e-tender
portal of AIR http://tenderwizard.com/PB or CPP Portal http://eprocure.gov.in.
2. Both Technical Bid and Financial Bid will be submitted concurrently duly digitally signed in
the website http://tenderwizard.com/PB.
3. No claim shall be entertained on account of disruption of internet service being used by
bidders. Bidders are advised to upload their bids well in advance to avoid last minute technical snags.
4. All Corrigendum/Amendments/Correction, if any, will be published on the website
http://tenderwizard.com/PB.
5. All documents/papers uploaded / submitted by the bidder must be legible.
6. It is mandatory for all the applicants to have Class-III Digital Signature Certificate (in the name of person who will sign the bid documents) from any of the licensed Certifying
Agency.
7. To participate in the e-tendering submission, it is mandatory for the applicants to get
registered their firm/joint venture with the e-tendering portal of AIR http://tenderwizard.com/PB to have user ID & Password from M/s ITI Ltd. The Annual
6
registration charges for vendor/supplier are ₹ 2,000/- (Rupees Two Thousand Only) per
annum.
8. To participate in e-bid, bidders shall be charged e-tendering processing charges @ 0.1% of estimated contract value with minimum Cap- ₹ 750/- only and maximum cap- ₹ 7500/-
only.
9. Bid document contains certain conditions for Manual submission of tender and are now
redundant. Document shall be deemed to have been modified to that extent.
10. Page No. Shall be given on each and every paper/documents serially uploaded in the
technical bid.
11. Bidders shall ensure to quote rate of each items. If any cell is left blank and no rate is quoted
by the bidders, the rate of such item shall be treated as “0” (Zero).
12. Tender fee can also be deposited through Account payee Demand Draft/Pay Order or
Banker‟s Cheque from any Indian scheduled Commercial Bank drawn in favour PB, (BCI),
DG: AIR, NEW DELHI-110001. The tender documents fee is not refundable.
13. The Earnest Money shall be in the form of FDR/Bank draft/Bank Guarantee from an Indian scheduled Commercial Bank in case of Indian supplier of Bank guarantee/Demand Draft in
equivalent freely convertible foreign currency in case of foreign supplier, in favour of PB,
BCI, DG: AIR, New Delhi.
14. „Tender Fee/Fee receipt and EMD deposit‟ shall be placed in a single sealed envelope
superscripted with tender reference no. and date of opening so as to reach Programme Executive (Commercial) Room No. 114, Akashvani Bhawan, Directorate General: AIR, New
Delhi before scheduled time on prescribed tender opening date which will normally be two
working days after tender submission date. EMD received late shall be summarily rejected. Hard copy of any other tender document shall not be accepted.
15. The successful tenderer will be required to furnish Security Deposit within 30 days of
placement of contract at rate of 10% (ten percent) of value of contract in one of the
acceptable forms as per tender documents.
16. Tenderer may ask any clarification, if required, before the date stipulated in the details of tender items for the purpose. After that no request will be entertained.
17. Small Scale Units Registered with NSIC under Single Point Registration Scheme for the
items required in NIT shall be exempted from payment in respect of cost of Tender/Earnest
Money as per the Government instructions on the subject on submission of documentary evidence of valid Registration.
7
18. The purchaser reserves the option to give Purchase preference to the offer from Public Sector
Units and /or from Small Scale Cottage Industries Units over those from other firms, in
accordance with policies of the Government of India from time to time.
19. Tenderer shall separately indicate the rate and amount of VAT/CST/Excise Duty/Custom
Duty etc. as applicable on the date of tendering in their offer failing which the offer will be
summarily rejected.
B) LIST OF MANDATORY DOCUMENTS (to be uploaded with tender):
1. Copy of EMD.
2. Copy of Demand Draft/Pay Order of any Scheduled Bank or fee receipt towards tender
fee.
3. AIR Tender Document complete along with all Annexure.
4. AIR Technical Specifications.
5. Integrity Pact (for estimated contract value of Rs. Two crores and above).
6. Letter of authority to sign bid documents.
7. Original Equipment‟s Manufacturers‟ (OEM) Authorization for Equipment quoted.
8. Past performance along with the user certificate in respect of Supply/SITC/SETC of the
Equipments quoted.
Deputy Director Admin. For Director General: AIR
8
RFP for Supply, Development, Customization, Installation, Implementation, acceptance testing and Integration of Software for Booking, Traffic and Billing for All India Radio.
BID DATA SHEET Sl.No Description Details
1. Tender no. 19/32/2015
2. Last Date & time for 31.08.2016 at 1700 hours
submission of Tender
3. Date of Pre bid 17.08.2016 at 1400 hours conference Conference Hall, Akashvani Bhawan,
Parliament Street, New Delhi-110001
4. Date and time for 05.09.2016 at 1600 hours
opening of Technical bid
5. Date and time for To be informed
Opening of Financial bid
6. EMD Rs. 10 Lakhs through a demand draft/ Banker’s cheque in favour of “PB, BCI, DG:AIR, New Delhi”
from any scheduled bank, payable at New Delhi
7. Bid Validity 180 days from the date of opening of financial Bid
8. Cost of Tender Rs. 10,000/ (Rupees Ten Thousand only)( Non-refundable) through a demand draft/ Banker’s cheque in
favour of “PB, BCI, DG:AIR, New Delhi” from any
scheduled bank, payable at New Delhi
9. Contact Person for PEX(C) Room No. 114
queries Akashvani Bhawan
All India Radio Parliament Street, New Delhi-110001
Tele-Fax – 011 23421762
Email: [email protected]
11. Latest Updates availability
www.allindiaradio.gov.in www.tenderwizard.com/PB
http://eprocure.gov.in.
9
SECTION – I: BACK GROUND
1. ABOUT ALL INDIA RADIO
All India Radio, a division of Prasar Bharati, India’s Public Service Broadcaster, has earned the distinction of being the largest broadcasting organization in the world. Presently, AIR reaches out to about 99 % of the country's population spread over 90 % of the area through its vast network of 215 broadcasting centres comprising of 338 transmitters. People living in far-flung areas with modest means can also have access to its programmes if a small transistor radio set run on dry batteries is available with them. No paraphernalia with any other pre-condition is required for its listening. True to the inscription on its logo "Bahujan Hitaya Bahujan Sukhaya", the All India Radio dedicates itself to the welfare and happiness of the masses. For it, some objectives are laid down and AIR assiduously strives to fulfil them through its informative, educative and entertainment programme fare.
With the advancement of time, AIR not only grew in number of broadcasting stations but also evolved a mechanism of different level transmission to cater to its mammoth and diversified clientele. Among them each one serves to the specialized nature of radio listening needs of the people. To provide news, music and spoken word programmes in 26languages and 146 dialects covering virtually every nook and corner of the country, AIR has over 400 transmitters.
Three tier broadcasting
The first-tier of broadcasting in the country is done through AIR’s National Channel that broadcasts programmes of all India importance and relevance. National programmes are broadcast from Delhi for relay by the Capital, Regional and Local Radio Stations (LRS). Some of these are the National Programmes of Talks and Features in Hindi and English, the National Programmes of Drama and Music.
The regional and sub-regional stations make the second-tier of broadcasting. It gives programmes in regional languages and dialects for promoting socio-economic and cultural facets of the region.
Concept of Local radio is quite new to this country. It constitutes third tier of broadcasting. These stations are set up mostly at District Headquarter towns. In an effort to make radio more personalized and responsive, Local Radio has been serving the limited area and providing utility services to the people in terms of information and entertainment. It aims at promoting the sense of belonging and reaches right into the hearts of the people. In a sense, LRS speaks in their dialect by their people and fulfils their needs. It’s very intimate approach distinguishes Local Radio from the Regional Radio. Of late, AIR has set up five "Community Radio Centres" in the north-eastern regions of the country to serve the local tribal people.
Vividh Bharati
Due to changing aspirations of urban population and their shifting needs for full-time entertainment, AIR launched its Vividh Bharati service in 1957 in Mumbai. This experiment
10
proved a roaring success. Equipped with a network of 40 stations, the Vividh Bharati today boasts of covering 23 Crore people across the country. The channel has corresponded to the changing technological advancement in audio field by shifting to FM mode at as many as 29 centres. This mode of transmission ensures quality reception on the receivers in an absolutely disturbance-free ambience; Vividh Bharati Programmes are now also available during night time between 11.10 pm to 06.00 am on National Channel for the benefit of late night radio listeners. Furthermore, the transmission of Vividh Bharati is now available in FM mode in four metro cities.
With the changing scenario of radio broadcast and advent of new technologies All India
Radio is also embracing the modern technology to enhance its efficiency. Digitalization of
transmission and programme production is being undertaken in phased manner. In the first
phase 48 AIR stations have undergone radio automation with the installation of broadcast
software NETIA. Annexure IV contains the list of these 48 stations.
2. OBJECTIVE OF THE PROJECT
Book Keeping and accounting for the various inventories and commercial spot scheduling
at different type of stations in All India Radio is a herculean task which is difficult to be executed
manually. Tracking of consumed Free Commercial Time (FCT), numerous Release orders by
clients, linking of Bank Guarantees with respective business files, multi format record keeping
and reports by various operational units of All India Radio with least error and maximum
efficiency has become the need of the hour. To ensure operational efficiency, minimizing
duplication of efforts, reducing human error, high level of accuracy, complete and
comprehensive business solution that monitors and manages the booking, traffic (scheduling) &
billing functions with minimum response time, transparent transactions as per guidelines, it has
been decided to develop and implement a state of the art technology driven software to make
All India Radio a dynamic and efficient organization in the broadcasting scenario. Proper
coordination and interface among booking, traffic (scheduling) and billing is also essential for
legal compliances and handling of litigations. Marketing requirements of the various offices
through an integrated CRM (Customer Relationship Management) in the proposed software
would add to create better sales results. 3. AREAS OF OPERATION
3.1 CSU (Central Sales Unit), AIR, Mumbai.
3.2 CBS Stations (All India Radio Commercial Broadcasting Service).
3.3 Other Regional Stations.
3.4 Local Radio Stations of All India Radio mentioned in the annexure II have limited hours of
transmission locally from their centres. Rest of the transmission hours are used for relay of
11
Vividh Bharati or FM Rainbow.
4. EXISTING WORK FLOW OF COMMERCIAL WING OF ALL INDIA RADIO a) As per the existing practice, Central Sales Unit, AIR, Mumbai does marketing and bookings
for the entire network of All India Radio, while 15 Commercial Broadcasting Service
stations do marketing and booking for respective zones allotted to them. Various
Marketing divisions/ CRDs do booking for Government Schemes and programmes for
entire country or for a specific region/ state. In addition to these CRDs book spots and
sponsorship for special events like cricket matches, Olympic/ Commonwealth Games,
National Games, Marathon, Live broadcast of various award functions and other sports
events etc.
b) In AIR, for FM transmission the entire 24 hours time of a day is divided into three
categories. Similarly for Primary channel, LRS stations and Vividh Bharati services are divided in various categories for rates of spot buy.
i) Time Categorization for FM channels:
Prime Time : 0700 – 1100, 1700 – 2300 Mid Prime Time : 1100 – 1500 Non Prime Time : 1500 – 1700, 2300 – 0700
ii) Time Categorization for Vividh Bharati:
Category I : 0630-1000, 1900-2300
Category II : 0600-0630, 1000-1200,
1330-1430, 2300-2330
Category III : 1200-1330, 1430-1900
Vividh Bharati Stations are divided in three categories A, B, C.
iii) Primary Channels stations and LRS are divided in five different categories and in-house programmes are divided in two broad categories.
c) Accredited agencies/Registered agencies/Canvassers/Govt. Clients: Accredited agencies
are given credit facility of 45 days for making payment. Government clients are entitled for
a credit period of 60 days. Registered agencies/Canvassers are to pay in advance for any
booking.
d) Spot Buy Rate: Spot buy rate (SBR) is the rate per 10 seconds. Airtime is sold in tranches of 10 seconds or its multiples.
e) Sponsorship Packages: Clients buy bulk FCT (Free Commercial Time) for a fixed
12
sponsorship amount. This deal may be for a program series or event for a certain time
duration viz. month, quarter, half year or year. The deal is finalized through a contract with
a client/agency, release order signed between the client/agency and All India Radio for
sponsorship packages or SBR. Based on rate card of advertising for All India Radio,
advertising agencies send release orders (RO) and schedules for a fixed period. CBS
stations/ concerned AIR stations maintain a schedule register for each program. Specimen
copy of this registers, various reports and other records can be studied during SRS.
This register contains agency name, client name, SBR/ sponsorship package, amount etc.
On the right side of this register, details of spots scheduled, client name, brand name,
status like SBR, sponsorship/ banking, rate etc. is detailed. A separate register is
maintained showing the account of each client’s FCT Purchased, consumption, balance etc.
As per the present rule, a client has to consume the FCT purchased in a sponsorship
package within one month from the date of sponsorship.
g) Commercial Cue Sheet: A day before the broadcast, the CCS (Commercial Cue Sheet) is
prepared, which reflects the commercials booked for various programs. For a 30 minute program, 3 break bumpers and for 60 minute program, 5 break bumpers are provided to insert commercials. An authorized officer from CBS/Commercial section of the AIR station prepares the CCS. The monthly schedule prepared by CSU/ CBS is sent electronically.
h) Credit Lines: E.g. “This program is brought to you by…” are allowed as value additions to
sponsors before and after the program.
i) Program Categories for commercial purposes:
i) Sponsored Programmes: This is a program produced by private producers in the duration
of 15 minutes/30 minutes per episode. For 30 minute episode a maximum FCT of 240
seconds and for 15 minute programme 120 seconds FCT is allowed. These episodes may
be 13, 26 or 52 in numbers.
ii) Sponsorship programmes: The in-house programmes are sponsored by clients as per the
rate chart of the particular AIR station. FCT allowed for 15 minutes sponsorship is 60
seconds.
iii) In House Programmes: Spot buys are available to be utilized in various in-house programmes of All India Radio. These spot buys are at the most 20% of the programme duration.
iv) Special Events: Events like live commentary of cricket and other matches, International
sporting events like Olympic, commonwealth games, Marathon, Sports events etc are
special events marketed by CRD and other units of AIR like CSU, CBS and all AIR stations.
13
5. EXISTING WORK FLOW OF PROGRAM SCHEDULING OF ALL INDIA RADIO a) Program cue sheet (PCS): PCS is prepared by Program Unit of each AIR centre based on FPC
and directives received from AIR, Delhi and capital station of respective state etc. The
directives from CSU and CBS stations are also taken into account while finalizing the PCS.
Respective AIR stations do the packaging of the program based on the input taken from the
commercial cue sheet received from respective marketing divisions. PEX (CO) of respective
AIR stations deals with PCS.
b) Transmission cue sheet (TCS): Transmission cue sheet is the actual play list by which finally programs go on air. At each AIR stations, co-ordination section prepares the TCS by interleaving CCS and PCS. This transmission Cue sheet may be divided in to two to three slots as per convenience of shifts covering over night. The print out of TCS goes to control room and Duty Room. Duty officer keeps track of all commercials and programs that goes on air and keep a record on deviations.
c) Broadcast Certificate (BC): After the broadcast of the programs the deviation if any is
marked in broadcast commission report by Duty officer. Based on this information, a
broadcast certificate is prepared by an authorized officer of the commercial section of the
AIR station and forwarded to respective CBS station. This broadcast certificate is used by AIR
CRD (Marketing Division)/CSU/CBS commercial section for accounting for any deviations and
make good for ROs is done. All billing departments of CSU/CBS prepare the invoice against
BC and forward to clients.
6. EXISTING WORK FLOW OF BILLING AT CBS & CSU OF ALL INDIA RADIO a) Each CBS has a billing department. CSU is the billing department for all the booking
concerning two or more than two CBS centres and also special events and booking
undertaken by CRD from Ministries. Based on the broadcast Certificate issued by concerned
authorized officer, Billing department prepares invoices and forward to respective agencies
/clients. This department keeps a track of Bank Guarantee (BG) and alerts the CBS centres
and CRD when BG is exceeded. CBS and CSU are responsible for Bank reconciliation and also
statutory government requirement like service tax etc. The invoice against bookings taken
by CSU is given to them for taking up with Government/ semi Government agencies for
realizing payment.
b) Miscellaneous Revenues: There are some revenues received from hiring of technical
facilities, selling of archives, revenue from NABM against training etc. This is isolated
revenue generation & is deposited in PBBCI account.
14
SECTION – II: SCOPE OF THE PROJECT
7. (A). General scope
The scope includes complete solution for sales, traffic and billing for all the functional areas of
All India Radio as described in the present tender document. The Proposed Application
Software is required to be designed and developed as a secure portal for the usage by any of
the All India Radio stations as mentioned in the work flow through application. The offered
application software should be fully integrated yet modular to meet the requirements of
various functional areas and should meet following minimum requirements:
a) Sales:
The offered application should provide a versatile workflow for booking, pre-emption and
make-good of commercial spots. It should also provide the complete and comprehensive
business solution for the management of the entire sales lifecycle and should allow
monitoring and management of the varied sales activities in the single integrated system.
b) Payment Gateway:
The successful bidder must provide a secured payment gateway for agencies and
registered clients to make online payment against their bills raised. There should be
provision to make payment through internet banking and also make entries of payments
already done through RTGS/NEFT/Demand Drafts against respective outstanding bills. The
gateway must be from a nationalized bank and must be integrated with AIR’s existing
receipt account.
c) Traffic:
The traffic module of the offered application software should facilitate management of
Media orders and Traffic log through a single interface. This functional area should enable
approval and authentication of different types of orders for easy and accurate business
flow of information and should provide total control over Slots, Commercial Breaks, events
and seamless automation system integration with Log reconciliation wherever required.
There should be a provision for dedicated players in the studio to play these logs.
d) Billing:
The system should allow generation of Invoices, Log Proof, Tax-Invoices, Receipts, Collection, confirmation, Credit Notes etc. The system should manage the workflow and maintain the audit trail for various billing operations.
e) Marketing : The CRM module of the offered application should create a detailed database of all the customers and shall be able to manage all the needs of sales teams of AIR to send mails/SMS/fliers to the customers from time to time.
15
f) Content and Acquisition: The Content module should manage the content assets right from the stage of acquisition
or in house production till airing including the physical management. This should allow
management of all operational and financial aspects like Program Acquisition, payment
Schedules, Usage, Stock and Episode information like Synopsis, Target Audience, Usage
Restrictions, Censorship details, Licensing details, etc.
The offered software should therefore have the required depth, breadth and
flexibility, and should be comprehensive, versatile, and functionally rich to provide on line
information access to all (the designated users who will operate the respective business
processes). The software should ensure the accuracy, completeness and consistency of
business transactions and integrate various business processes by integrating the flow of
information. The offered application software must be state of the art, well proven and
well supported software in India to establish best business process and practices. The
specifications mentioned in the scope of this project is merely a guide line and it is the
responsibility of the bidders to visit all departments who are required to use this software
in order to assess actual requirements and understand further scope of work before
bidding in order to achieve final result to the satisfaction of All India Radio.
7. (B). Requirement of Project/ Automation
The proposed Software envisages the complete automation of the work flow right
from booking of commercials, Preparation of Contract, Automatic/Manual pick up of ROs
forwarded by clients/agencies, scheduling of programs, preparation of commercial Cue
Sheet (CCS), Preparation of Fixed Point Charts (FPCs), preparation of Program Cue Sheet,
Preparation of Transmission Cue Sheet, Preparation of broadcast Certificates, Preparation
of Invoices, Alert Mechanism against exceeding limit of Bank Guarantee, exceeding in the
payment schedules by clients, Reconciliation with Bank, Payment Gateway, Taxations, tape
management, preparation of various registers, preparation of various reports, accounting
for make good, ESCROW account for Revenue Management Company etc. The software
must support multiple channels, multiple marketing divisions, offices dealing with program
Scheduling, billing, special events, sports, Government Dealing, Duty officer, Commercial
Section, Billing Section etc. The software must be for total automation of the work flow
with minimal manual intervention.
a) Plans & Schedules: The successful bidder shall undertake a Software Requirement
Study (SRS) and shall make recommendations for the best practices to be followed so as to
identify the amendments to be made in the scheduling, marketing, accounting, record
keeping for standardizing the formats and make necessary improvements by various users.
Identify the processes/Procedures that need to be modified/ introduced to meet the needs
of the work flow and prepare a project Plan with detailed activity schedules and time
bound action plan.
16
b) Supply/Customization/configuration& Installation: Development, Supply,
Installation and Customization of main application software, client software and utility
software etc. as required. Designing & preparation of various reports and screen windows.
This is required to be done for all functional areas including all marketing divisions and AIR
stations.
c) Training & Operation Manual: Providing proper training as per the schedule and prepare
&supply user/operation manual for smooth and trouble free operation in the system
including various settings.
d) Backup of old Records: Data Entry for old records, software integration, trial run, arrange for acceptance testing of all modules and go live/Roll Out.
e) Go Live & Roll Out: Go live run of all modules in all the user departments is to be
done as per different stages of integration based on the time line.
f) Maintenance Services: Post warranty AMC for 3 years by deploying Engineers who are the
part of integration and which shall be extended for another 3 years subject to satisfactory
service.
g) Geographical spread: The proposed Software should be web based. The software
shall be used by all AIR stations, CSU, CBS offices and CRD offices throughout India using
proper username and password. With or without any client software, it should be accessible
by the users from any location through internet and be able to carry out their assigned
functions. There must be a provision for client interface for booking of airtime.
h) Functional coverage: The software shall cover the following areas of operation as per their work flow in All India Radio:
i. Central Sales Unit. ii. All CBS Offices. iii. Commercial sections of All India Radio stations. iv. All Billing Departments. v. All Program Scheduling departments. vi. Direct clients for online booking, after being registered.
i) The functionality requirements for each of the above areas given in this document are
tentative and indicative in nature. During SRS, the successful bidder should study the detailed
requirements for each of the modules, business process mapping and functional requirement.
j) Each user department like CSU, CBS stations, commercial section, billing departments,
commercial departments etc. are required to maintain certain registers and generate certain
reports periodically in a prescribed Pro forma. These reports are required to be re-designed (if
required) in consultation with Prasar Bharati/ AIR and incorporated in the software.
17
k) In order to support the prime modules and other functions, the software should also cover
dash board with Key Data for senior managers with business intelligence, document
management, work flow management and Web Portal.
l) The software should have a home page for which the design shall be made by the
successful bidder in consultation with AIR. The screen windows and lay out of the registers,
reports by all user departments to be designed by the developer in consultation with AIR.
m) User Interface: The interfaces should be user friendly and with graphic user interface
(GUI) with WEB access. There should be sufficient edit and validation checks in the system. It
should provide safeguards to prevent damage to data from operator errors, simultaneous
updating and module unavailability or system failures. The system should provide consistent
screen and modules.
n) Data Access and Security: The Software should be compliant to CERT-In, Dept. of
Information Technology Guide Lines for WEB applications/Network Security and have proper security and maintenance facility which limits access to its various functions to the users delegated with appropriate authority. Access should be restricted at different levels of data file, program, module, screen, record, field data, base table, row or column. Suitable Firewall against unauthorized users, interceptions, misuses by outside parties shall be provided. o) Data Archival: The System should be able to archive data based on user specified
parameters and restore archival data for on line use as and when required. p) Flexibility: The software should support customization to business requirements of various users in All India Radio. q) Modularity: The System will initially be required to cover a range of business process
modules as mentioned above but it should allow addition of more modules as and when required which should seamlessly integrate into the core system.
r) Integration: The software should be fully integrated across departments, functional areas,
and also across geographical location of sites. It should be unified and interfaced. It should
have the ability to automatically update all related modules for any change which has occurred
in one module. s) Regulatory Indian Laws: The system should have adequate localization to handle specific requirements of Regulatory Indian Laws (Central & State), Tax and duty legislation and other regulations. t) Performance Standard: The System should ensure that functions and its integrations are according to the definition as per scope of work and shall have 95% up time efficiency at all locations.
18
u) Authorization: Provision is required for all the authorized officers to upload/edit data. The entire requirement of authorization at various levels must be got approved in writing from AIR during SRS. v) Different colour coding for various Time categories, Programme categories, station categories, Commercials, sponsorship, sponsored programme, Promos, branding, and program. This colour coding is required to be standardized for each type of presentations.
w) The software in a scaled down version must exactly match with the activities of other stations of AIR. In stage Three, provisions must be kept in the software for operation and use by all other AIR Stations and integration with core system. 8. TECHNICAL REQUIREMENTS
a) Technical Services: The successful bidder shall be required to prepare all technology policies
and procedures related to software, authorization, backups, authorization related activities,
printer configurations, table space maintenance, archival etc. AIR is not liable for procuring
or paying for any type of licenses pertaining to development tools/browser/Operating
systems or any supporting software during the entire period of development and AMC. It
shall be the responsibility of the successful bidder to pay any license fee during the
development and entire period of AMC and to bear all costs in regard thereto.
b) Hosting Solution: The option is to set up All India Radio’s own data centre with application
servers, database servers, and firewall etc. with main servers located in Delhi while a similar
backup system may be located at Mumbai to protect data from accidental damage of the
system or any untoward natural or man-made disasters. The bidders are required to quote
at the time of the placement of order keeping in mind the following:
The proposed software is required to be hosted in application servers to be provided
and installed by the successful bidder along with data base servers. One application server
and one database along with all other requisite hardware & software will be installed in a
data centre to be located at All India Radio facilities at Delhi and similar other system in a
data centre to be located at Broadcasting House, Mumbai to ensure data integrity from any
damage. The software design shall conform to the required specifications of the hosting
data server and the successful bidder shall meet any requirements of the OS and
applications software including SQL etc. prior to commencement of the development. The
bidder is required to offer requisite application servers and database servers in required
configuration and with adequate storage and redundancy along with other essential
equipment like client PC for both data centres, network switches, KVM Switches, racks etc.
The offered servers should be from reputed manufacturers like Dell/IBM/HP and should
have minimum 3.1 GHz Quad core or higher processor, 20 GB or better RAM, 2x500 GB HDD,
2x Gigabit Ethernet cards, Fibre network cards, LTO-6 Tape Drive for backup along with all
requisite software including OS etc. A suitable firewall will also have to be provided and
installed at both locations. All network switches should be of CISCO or similar make. The
client PCs should be from same manufacturer as that of server and should be provided with
large size rack monitor. All India Radio will, however, provide internet lease lines of required
19
capacity for two data centres including interconnectivity between two data centres and all
client PCs for remote locations and all functional areas. c) Warranty and Maintenance: The offered application software and hardware will carry two
years all inclusive comprehensive warranty from the date of commissioning. During the warranty period, the successful bidder will be required to address all issues related to the offered application software including removing bugs, providing upgrades etc. Post warranty, AIR shall enter into an Annual Maintenance Contract (AMC) with the successful bidder for an initial period of 3 years. The AMC period can be further extended as per mutual agreement subsequently also. The successful bidders will be required to identify qualified Engineers amongst those deployed for initial SRS and customization/implementation team.
d) The warranty and AMC should cover all the services which are general in MC. In addition all
product upgrades are to be offered as part of the warranty and AMC. User and Technical support shall be provided as per the requirement of AIR.
e) The warranty shall include incorporation of any requirement of modifications against policy
changes and Government decisions. Any software bugs similar to Y2K, UNIX millennium bug, y2k38 or y2.038k or calendar issues or any other bug that may arise hereafter will be the sole responsibility of the developer during the entire period of warranty and AMC.
f) Migration from Existing System: Application software for CSU and CBS is already in operation
in Mumbai which includes billing and has substantial database. The successful Bidder shall
ensure smooth migration from existing system of working including this application software of
CSU, CBS and any other Office of AIR to the software driven environment by appropriate data
Migration, Data transfer and Integration procedures. The back log data entry for this initial
migration is the responsibility of the successful bidder. At any point of time, in future, if AIR
wants to migrate from this software to another version of software, it shall be the
responsibility of the bidder to retrieve the entire data and transfer to the new software.
g) Back Up of Data: Provision is required to be made for the backup of entire data and log files in
a secured manner without any loss in LTO-6 Tape drive every day on all week days and repeat
this process through out during the period of warranty and AMC.
h) Security Audit: Meeting the requirement of Security audit of the software or any other
statutory requirement of Government from time to time is the responsibility of the successful
bidder.
i) Implementation & Documentation: The successful bidder shall ensure complete
documentation of all configuration settings, other activities, interfaces and their steps/stages
involved in the implementation with the support of the project team. The successful Bidder
shall prepare the business process documents, end user manuals and training documents and
handover to AIR.
20
j) Software specifications: The suggestive system software shall be Windows (Operating System)
Platform based and conform to the latest released version of developing tools and Operating
Systems at the time of development/supply/customization with back ward compatibility. The
successful bidder shall use licensed enterprise versions (clustering) of this development
tools/OEM software’s and all the licenses shall be in the name of AIR.
k) Provision of proper authentication for all authorized officials in the chain of work flow in each
department is required to be designed in consultation with AIR.
l) Design and develop alert mechanism to confirm to various processes within the work flow.
m) Design of program schedule register, Commercial booking register, bill register, Service Tax
register, Bidder commission register, auto generation of Broadcast certificate, auto
generation of TCS, PCS, CCS and BC.
9. REQUIREMENT OF CRM, PROGRAM SCHEDULING (TRAFFIC), Finance :
The proposed software must be user friendly, efficient, fast, web based, robust using latest
software development tools which shall provide the entire work flow to be managed on line
from CSU, respective CBS Stations through internet. The scope of Scheduling shall have the
following provisions:
CRM
1. Ability for the Sales Teams to enter their Calls, create& edit Proposals and check their reports from wherever they are in the field via a web browser or smart phone/ tablet.
2. The software should allow file attachments to be uploaded and stored as part of the Client or Proposal/ Contract. Examples of files AIR would like to attach are the audio file, copy of deal letter/contract, etc.
3. Data security to control access for different users so that team leaders and department heads can access full revenue, proposal and call reporting for their respective teams while individuals, such as Sales Reps can access just their own data.
4. Real time avails/inventory levels should be displayed to Sales Representatives during spot entry to ensure effective inventory management.
5. Ability to allow Proposals to be entered using the Rate Card for the respective stations. 6. Pipeline revenue reporting and the ability to report unsigned revenue based on the
probability that it will be signed by the Client. 7. The CRM module to be able to access the Traffic module seamlessly. 8. Sales Reps, coordinators, etc. should have access to only those Advertisers/Accounts that
they are given rights to. 9. Printing of the reports like revenue, budgets, invoices, confirmations, broadcast certificates
for the sales teams etc. possible from the web application itself. 10. Scheduled times for clients spots can be printed before airing. 11. The software should have the feature for multi-level approvals by different departments. 12. If there is a rejection from any of the departments, the software should allow revision and
re-submission of the existing proposal.
21
13. Notifications via emails in case of acceptance or rejection to be sent to the respective sales person along with the reason for the same.
14. The Proposals, Reports, Invoices, etc. added by the Sales Reps should be available to them for viewing via the smart phone or a web browser.
15. Users should be able to access and manage their Clients as well as print revenue history. 16. A customisable Dashboard that will allow users to see relevant information when logging
into the web module. For example revenue reporting, budgets and important announcements.
17. Integration of Client addresses with Google Maps.
Traffic
a) Client Management:
1. Ability to enter the name of the Advertiser numerically and alphabetically. Also, it should be unique.
2. To specify if it is already a Lead, Prospect or Client.
3. Ability to ascertain whether the Advertiser is a direct one or through an Agency. If through an Agency, AIR should be able to assign one or more agencies as defaults.
4. The software should allow entry of a different postal and physical address.
5. One central location for all client contact information like name, address, designation.
6. Ability to handle multiple Sales Reps servicing a single Client.
7. Ability to create and customise reporting and functional fields to our requirements if these fields are not immediately available as standard in the software.
8. Ability to handle multiple Brands and Products per Advertiser.
9. The time interval for scheduling of Advertisers spots can vary according to different Stations.
10. Ability to attach scanned copies of Clients’ deal letters or release orders or any such document to the database.
11. Emailing of invoices, statements, contract confirmations possible to different people at the Client’s office.
12. An audit trail requirement for any changes made to the Client masters giving the User Name, timestamp and a description of the changes made.
13. Ability to invoice every Client at different invoicing frequency.
14. Different discounts can be applied to various Clients.
15. Different Service Tax rates can be applied to various Clients.
16. Populating the release order number field to be made compulsory for specific Clients.
17. Ability to add details for long term deals for any Advertiser and allow capturing this data for reports to be generated.
18. Defaults for the various fields like tax, invoicing frequency, discounts and account heads can be set on the Clients.
19. Ability to comprehensively manage Customer Credit Limits – (e.g. Flag when Client/Debtor account exceeds limit).
22
20. Automated credit warning on Client accounts with the ability to warn or stop in case of the credit limit exceeding.
21. Customized reports to be able to detail/filter client and debtor information.
22. Every User to be able to design the view as per his/ her choice of columns and save this view within the application.
23. Quick reports with ability to save parameters by every user for generating reports.
b) Spot Bookings:
1. Ability to generate quick reports as per the user’s requirement at the point of time and to save the parameters for future use.
2. Contract naming convention can be as per the company requirements. 3. On selecting the Advertiser, the default fields to be populated automatically with ability to
change if required. 4. Product clash and reporting and the ability to have different product codes clashes to be
set per Station. 5. Ability to incorporate different rate cards for the various stations in a database with rates
varying as per time bands and spot types. 6. The software should allow invoicing every contract as per the Clients’ requirements and not
just at the end of the month or fixed interval. 7. When the tax rate changes, the process of updating existing bookings to the new tax rate
should be seamless. 8. Contracts can be linked to a long term deal and there should be a field which will capture
this data and reports to be generated on this. 9. The release order number field to be populated and appear on the invoice. 10. Custom definable fields to allow flexibility to the users to capture data as required by
different stations across the country. 11. Entry of spot bookings should be user friendly and quick. 12. Ability to enter Contracts with same spot fall and duration as one spot line for the various
time bands and stations in the database. 13. If a Client wishes to fix a specific time within a time band, the software should allow it. 14. Ability to select the position of the spot like first spot in a break, last spot, first & last spot,
first & middle & last, and to lock it in that position. The Broadcast Certificate should show the spot positions.
15. Ability to differentiate spot types like Sponsorship Spots, Promos, News Sponsors, etc and the spots should be scheduled on the log on the basis of the priority.
16. Colour coding of different spot types to make it easier for the user to schedule the log. 17. Multiple Product codes on different spot lines. 18. To check the available inventory while spots are being entered and the user should be able
to see immediately if the inventory is close to being full or already full. 19. Ability to enter spots across multiple time bands having the duration together for various
stations 20. Ability to have different cart ranges for the different station. 21. The software should have the ability to add the playing instructions for the spots from the
booking itself. Ability to handle multiple audios for spots as per the requirement of the
23
client with varying rotations for different days, time bands, different spot types and positions of spots.
22. User definable fields on the Media tab required to provide additional data. 23. The software should allow any file that is relevant to the order to be attached. This could
include emails, signed orders and playing instructions. 24. Once the booking of spots is done, the user should be able to see how the spots will be
placed on the logs in the different hours. 25. A full audit trail of the booking incorporating any changes made over time and reasons for
those changes should be stored. Changes should be highlighted and easily visible. Users should be asked for a reason for any revision when making changes.
26. At any given point of time, it should be possible to check the current status of a booking against a previous status. Also, it should document exactly what changes were made between the two comparisons.
27. Inventory management at spot level across days and weeks. 28. Flexibility to change time bands for different stations. 29. Flexibility to have different break timings for various stations. 30. The software should not allow any changes in the spots once they are aired. Any revisions
post airing cannot be done to that spot. 31. If there is a change in the booking for rate or duration, the unaired spots should be
rescheduled easily. 32. If a booking is cancelled from a particular date, the entire booking should be deleted from
the date of cancellation with minimum manual intervention. 33. On the spot report printing should be available for a booking. Like a Confirmation of
booking, Invoice for a particular booking or a Broadcast Certificate. 34. Up to date Avails and Yields reporting. 35. Flexibility on all reporting – all from the one system. 36. Ability to save reports in multiple formats. 37. Ability to air spots for the network stations by using filler spots to balance the breaks across
the networked stations. A variety of different fillers should be possible including campaign specific, generic fillers and music fillers. Music fillers should be placed last in the break after all other fillers have been scheduled.
c) Logs and reconciliation:
1. The software should allow editing of logs for multiple days and stations simultaneously. 2. Shifting of spots from one day to another on the logs of the same station should be
allowed. 3. Any details of a booking can be accessed directly from the log. 4. Should allow the break timings for a particular date to be changed instantaneously from
the log. 5. The software should allow over scheduling of spots for user defined duration for a
particular time band and spot type. 6. Client and Product clashes should be clearly visible. 7. Prioritized spots should be locked if the user so desires. 8. The log should clearly show the position of the spot. 9. The software should allow the user to define their view of the log. 10. Filtering of spots on the log based on various criteria.
24
11. Available and free inventory to show on the log. 12. The software should allow easy navigation through the various hours of the day. 13. Ability to calculate the booked and remaining duration in every break as a break header for
every spot break. 14. Spots remaining unscheduled can be deleted from the log and this should automatically
update the contract in order to ensure revenue tracking is accurate and that deleted spots are not invoiced as well as saving manual intervention. Auditing should be in place for tracking any spot that has been deleted.
15. Any missing playing instruction should be flagged when the final instructions are saved on the log
16. Ability to allow seamless importing of aired times from the play-out software. 17. Any discrepancy between the scheduled spot duration and timings against the aired spot
duration and timings to be shown clearly with reasons, if the export to the play-out software at our stations is supported.
18. The software should capture the user history for logs and reconciliation. 19. The software should allow the users to “make good” of a spot by scheduling it on another
day without having to change the contract.
Finance
1. Ability to book lump sum amount Contracts for sponsorship of programmes, production charges for making jingles, RJ Mentions, etc.
2. The software should be able to report various revenue sources under different account heads.
3. Payments received in advance can be entered even though invoice is not raised. Advance Payments should be automatically applied to an Invoice when it is eventually created.
4. Pro-forma invoicing should possible for advance payment.
5. Ability to differentiate Credit notes from Invoices.
6. Possibility of having different invoice number series for Invoices, Credit Notes and zero value Invoices.
7. Ability to handle different advertisers with different credit periods.
8. The software should have the ability to manage receivables.
9. The software should generate ageing reports by Account, Advertiser, Company, Transaction, Sales Rep or combination thereof.
10. Any costs incurred in relation to the booking should be easily accounted for in any internal reporting such as revenue, commission and account reports while the invoice should reflect the full amount to be paid by the client.
11. Ability to generate and email statement reports to various debtors.
12. At the time of posting the invoices, the user can choose the invoices to post at that particular time.
13. Journal entries should be allowed with the ability to choose the correct account head.
14. The software should allow the export of Invoice details as a .csv file.
25
Reports
1. The software should have reports for revenue targets for the Sale Rep, Sales Teams and Stations.
2. Report writing feature which allows users to create their own reports. 3. Customised Invoices, Confirmations, Proforma Invoices, Statement of Account, Cash
Receipts and Broadcast Certificates. 4. Reports to be categorised by different functions so that user security can be easily
maintained. 5. Parameters for the various users to be saved. 6. All reports should be exported to various formats – editable and non-editable. 7. Option to email reports. 8. Dashboard reports for avails and revenue with graphical representation. 9. The software should have pre-defined non editable reports under various categories.
Software/Database Settings
1. Ability to handle multiple companies in single database.
2. The software should have the ability to book and schedule logs for multiple stations and this feature should be scalable.
3. The software should have the capability to create fields in the database as per the requirements of the organisation and reporting should be available based on these fields.
4. The software should allow flexibility to setup different time bands for different stations.
5. There should be the ability to allow different durations for advertiser clashes and product clashes for different stations.
6. Rate Cards are the most important requirement and the software should allow multiple periodic Rate Cards for the various stations. The rates would differ for the time bands and spot types. Premium could be charged for time restrictions, break positions and demand driven rates.
7. The spot bookings for stations should be automatically linked to the Rate Cards. Manual entry of rate for a booking should not be allowed.
8. It should be possible to overwrite the Rate Card rate on specified Rate Cards. In this case the Rate Card rate should still be available for yield reporting.
9. The software should incorporate an up to date help section.
10. Ability to take a backup of the database from the user interface.
User Security
1. The software should have the ability to define the security for the various functions in it based on the user hierarchy/department.
2. The user access should be full access, read only access or no access based on their job profile/requirements.
26
3. The software should allow administrative rights to multiple users. 4. Administrative rights should have editable access to all the areas of the software. 5. The software should allow the organisation hierarchy to be reflected in the way the user
security is set up. For e.g. the Head of Sales should have access to all the bookings, sales field reports, revenue reports, etc. for all the users reporting to him/her. Team leaders to be able to access the work and reports of the team members.
6. There should be security for the users who create logs to be able to access only their respective ones. No other user should be able to edit the logs of those stations they have no valid access to.
7. There should be a capability to give access to the users for certain advertisers and accounts only and not all of them.
8. Since the bookings are Rate Card driven, the security should have the capability to give access to only the users with the valid job profile.
9. The user management should be secure and confidential. 10. There should be an audit trail for any entry/modifications made to users. 11. The software should allow the user to change their passwords. 12. If a particular user does not have rights to access a section or tab, it should be invisible to
that user.
27
10. PROJECT SCHEDULE
a) The entire scope of the Supply, Development, Customization of the proposed software and hardware is required to be conceptualized and designed as one entity as per the time schedule. A comprehensive Software development study shall be done keeping in view of entire functions of All India Radio. The software Development, Customization, Installation, Training and acceptance testing is to be undertaken at 50 offices including Central Sales Unit, Mumbai, and 48 AIR stations listed in annexure IV. The implementation of Payment gate way shall also be undertaken in this stage. The time schedule for the project shall be as under (From the date of Notification of award):
Hardware and Software Requirement Study : 6 weeks
System Design and construction : 8 weeks User Acceptance Testing : 6 weeks
Implementation & Training : 6 weeks
11. TRAINING SCHEDULE-
i) The initial training shall be conducted by the bidder just before acceptance testing begins and the participants shall be all Head of Offices and of the 48 identified AIR stations and CSU along with senior level officers of the Commercial Wing of AIR Directorate. In this initial training, proper training module with handouts and other training materials may be provided by the bidder to create awareness to the user. This training module shall be repeated 6 times with participation of officers/ officials of at least eight AIR stations to facilitate participation of all concerned offices.
ii) Next training shall be conducted testing begins participating all users, supervisory officers of the Selected AIR Stations. The duration may be a period of five working days and shall be decided in consultation with AIR. In this module the bidder shall provide practical training to the participants.
12. PAYMENT SCHEDULE:
I. 75% payment of the ordered amount shall be made after successful completion
of the project as per the tender document and schedules. 10% payment of the
ordered amount will be made three months after the commissioning of stage-I
and after ascertaining successful operations. The remaining 15% payment will
be made after the successful completion of warranty period.
II. AMC Charges: AMC charges shall be paid every month (1/12th
) after obtaining
a certificate from all the AIR stations every month in respect of satisfactory working of the software and fulfilling the terms and conditions of AMC.
28
III. All the bidders participating in the NIT are required to quote separately for
installation, implementation of the software and AMC charges per month for
proper billing after completion and each month for AMC. The bidder shall
quote the monthly AMC charges, which shall be firm and final at the time of the
contract. The bidder shall quote the percentage increase in the AMC for the
extended period after 3 years.
SECTION – III: INSTRUCTUION TO BIDDERS
13. PREPARATION OF TENDER
20. The scope of work to be tendered are available in the complete bid documents which can be viewed/ downloaded free of cost from AIR portal http://all indiaradio.gov.in or e-tender portal of AIR http://tenderwizard.com/PB or CPP Portal http://eprocure.gov.in.
21. Both Technical Bid and Financial Bid will be submitted concurrently duly digitally signed in
the website http://tenderwizard.com/PB.
22. No claim shall be entertained on account of disruption of internet service being used by bidders. Bidders are advised to upload their bids well in advance to avoid last minute technical snags.
23. All Corrigendum/Amendments/Correction, if any, will be published on the website
http://tenderwizard.com/PB.
24. All documents/papers uploaded / submitted by the bidder must be legible.
25. It is mandatory for all the applicants to have Class-III Digital Signature Certificate (in the name of person who will sign the bid documents) from any of the licensed Certifying Agency.
26. To participate in the e-tendering submission, it is mandatory for the applicants to get registered their firm/joint venture with the e-tendering portal of AIR http://tenderwizard.com/PB to have user ID & Password from M/s ITI Ltd; The Annual registration charges for vendor/supplier are ₹ 2,000/- (Rupees Two Thousand Only) per annum.
27. To participate in e-bid, bidders shall be charged e-tendering processing charges @ 0.1% of estimated contract value with minimum Cap- ₹ 750/- only and maximum cap- ₹ 7500/- only.
29
28. a) Bid document contains certain conditions for Manual submission of tender and are now redundant. Document shall be deemed to have been modified to that extent.
b) Paying Authority will be respective Pay & Accounts office of the Zonal Office.
29. Page No. Shall be given on each and every paper/documents serially uploaded in the technical bid.
30. Bidders shall ensure to quote rate of each items. If any cell is left blank and no rate is
quoted by the bidders, the rate of such item shall be treated as “0” (Zero).
31. Tender fee can also be deposited through Account payee Demand Draft/Pay Order or Banker’s Cheque from any Indian scheduled Commercial Bank drawn in favour of “PB (BCI), DG: AIR, NEWE DELHI”. The tender documents fee is not refundable.
32. The Earnest Money shall be in the form of FDR/Bank draft/Bank Guarantee from an Indian scheduled Commercial Bank in case of Indian supplier of Bank guarantee/Demand Draft in equivalent freely convertible foreign currency in case of foreign supplier, in favour “PB (BCI), DG: AIR, NEWE DELHI”.
33. ‘Tender Fee/Fee receipt and EMD deposit’ shall be placed in a single sealed envelope superscripted with tender reference no. and date of opening so as to reach Programme Executive (Commercial) Room No. 114, Akashvani Bhawan, DG: AIR, New Delhi before scheduled time on prescribed tender opening date which will normally be two working days after tender submission date. EMD received late shall be summarily rejected. Hard copy of any other tender document shall not be accepted.
34. The successful tenderer will be required to furnish Security Deposit within 30 days of placement of contract at rate of 5% 9five percent) for indigenous supplier and 10% (ten percent) in case of foreign supplier of value of contract in one of the acceptable forms as per tender documents.
35. Tenderer may ask any clarification, if required, before the date stipulated in the details of tender items for the purpose. After that no request will be entertained.
36. Small Scale Units Registered with NSIC under Single Point Registration Scheme for the items required in NIT shall be exempted from payment in respect of cost of Tender/Earnest Money as per the Government instructions on the subject on submission of documentary evidence of valid Registration.
37. The purchaser reserves the option to give Purchase preference to the offer from Public
Sector Units and /or from Small Scale Cottage Industries Units over those from other firms, in accordance with policies of the Government of India from time to time.
30
38. Tenderer shall separately indicate the rate and amount of VAT/CST/Excise Duty/Custom Duty etc. as applicable on the date of tendering in their offer failing which the offer will be summarily rejected.
B) LIST OF MANDATORY DOCUMENTS (to be uploaded with tender):
9. Copy of EMD.
10. Copy of Demand Draft/Pay Order of any Scheduled Bank or fee receipt towards tender fee.
11. AIR Tender Document complete along with all Annexure.
12. AIR Technical Specifications.
13. Integrity Pact (for estimated contract value of Rs. Two crores and above).
14. Letter of authority to sign bid documents.
15. Original Equipment’s Manufacturers’ (OEM) Authorization for Equipment quoted.
16. Past performance along with the user certificate in respect of Supply/SITC/SETC of the Equipments quoted.
14. Eligibility Criteria
The bidder, in order to be eligible to provide the aforesaid services, must be offering IT
services, Software products & software development services either in their own
capacity or as part of a consortia and providing traffic & billing solutions to Broadcasters,
MSOs, DTH Operators or similar setups. A bidder may choose to bid alone or through a
consortium with only one Implementation Partner. In case of consortium bidding, the
implementation partner will be the lead member for bidding & execution.
The bidder or the lead partner should be a Company registered under the Companies
Act, 1956 or a Partnership registered under the Indian Partnership Act, 1932 for the last
three years, with a minimum annual turnover of Rupees 5 Crore or more for the last
three financial years. The software developer or implementation partner must have
registered headquarters in India with PAN No, Service TAX No and other statutory
requirements and meet the following criteria.
a) Bids by a Consortium
The bid shall include a letter signed by both the members of the consortium who are bidding jointly for this work. (The format of the letter is provided in Annexure-18).
i. The lead member in the consortium will be the Implementation partner and an
authorization letter duly signed by legally authorized signatories is required to be
31
submitted.
ii. The contract shall be signed between the lead member and AIR. iii. The lead member shall be authorized to incur liabilities and receive instructions for and
on behalf of both members of the consortium, and shall be responsible for delivery of all provisions of the contract.
iv. The lead member shall be responsible for the entire execution of the Contract.
v. All payment transactions shall be done exclusively with the lead member of the
consortium or as that agreed between the AIR and the consortium members at the time
of the award of the work. vi. A firm/company may be a member in only one consortium and cannot be member of
other consortium bidding against this tender. vii. A notarized copy of the duly executed Consortium Agreement, entered into between the
Software Developing bidder and Implementation partner shall be submitted with the
technical bid.
b) Other Eligibility Criteria:
i) The bidder should have successfully completed three traffic & billing projects for
national/international broadcasters, MSOs or similar setups with the offered
software solutions during the period from 2010-11 to 2015-16 with a value of at
least Rs. 80 Lakhs each or two traffic & billing projects with a value of at least Rs.
120 Lakhs or more, three traffic & billing project of the value of Rs. 160 Lakhs or
more.
ii) An Indian bidder can submit bid on behalf of the consortium through
Memorandum of Understanding (MOU) along with details of MOU. The other
members of Consortium can participate in technical discussions and sign the
minutes of such discussion meetings.
iii) All related documentary proof of meeting eligibility criteria must be submitted
with the technical bid.
c) Evaluation 0f Technical Bids.
The evaluation of technical bids shall be undertaken by a committee of the officers duly
constituted for this purpose. The technical evaluation would be based on the following:
i. The assessment of bidders meeting the eligibility criteria.
ii. The assessment of technical capability of bidder to carry out desired scope of work.
iii. The assessment of the capability of bidder to carry out desired scope of work in
stipulated time as assessed on the basis of carrying out past works in preceding
three to four years.
iv. The assessment of the requirements and quality of the solution offered by the
32
bidders during presentation/demonstration which will be an essential requirement
for bids to be technically qualified. The date and time of the demonstration will be
communicated to bidders and may last more than one day. The demonstration of
the offered application software should include majority of the required features
defined in the scope of work. The bids of those bidders who fail to demonstrate
the offered application software will be summarily rejected.
v. The commercial bids of only those bidders will be opened whose bids have been
technically recommended by the Technical Evaluation Committee.
vi. From the time the Proposals are opened to the time the Contract is awarded, the
bidder should not contact AIR on any matter related to its Technical and/or
Financial Proposal. Any effort by a bidder to influence AIR in the examination,
evaluation, and recommendation for award of Contract may result in the rejection
of its bid.
vii. On the basis of technical evaluation the eligible entities shall be identified and their financial bids shall be opened.
viii. Evaluators of Technical Proposals shall have no access to the Financial Proposals
until the technical evaluation is completed and the financial bids are opened.
15. DELIVERY OF TENDER
a) The e-tender will be on the basis of “Two bids system” and offers are to be
submitted concurrently duly digitally/ manually signed on the website
http://tenderwizard.com/PB.
b) All GTC attached with the invitation to tender are sacrosanct for considering any
offer as complete offer. It is therefore, important that all documents duly
completed bid and only solicited clarifications will be taken into account for the BID
Evaluation. c) The right to ignore any offer which fails to comply with the above instructions is
reserved. d) The offer must be submitted on the mentioned website not later than the time
specified in the tender document, on the notified date of closing of the tender.
e) No bid may be withdrawn in the interval between the bid submission deadline and
the expiration of the bid validity period specified. Withdrawal of a bid during this
interval may result in the forfeiture of the Bidder’s Bid Security.
f) Response to mandatory requirements: The Response to mandatory requirements shall
consist of:
i. Power of Attorney in original or duly notarized.
ii. Formation of the Consortium and authorization in favour of the Consortium Leader.
iii. Response to the mandatory requirement along with supporting documents.
33
iv. A copy of the tender document with each page duly signed by the authorized signatory as confirmation of compliance to tender terms & conditions and if required submit a List of Deviations / exclusions.
v. Profile of the Bidder. vi. Solvency Certificate of each member of the consortium. vii. Details of projects implemented. ix. Details of 3rdparty software(s) offered, their company details, market position,
lifecycle, their integration and deployment plans, support and other details x. Team deployment and CV of the team members. xi. Project Methodology. xii. Development and Implementation Plan (Project Plan) together with Activity Bar
Chart and PERT Chart.
xiii. Training Schedule and pre-qualification required if any before software Training –
including resources required for conducting the training. xiv. Acceptance Test Plans. xv. Extended support plan.
xvi. Financial Bid Forwarding Letter xvii. Performa for Bidders to Acknowledge Bid document
xviii. Performa for Bank Guarantee for Bid Bond xix. Authorization Letter for attending the opening
xx. Contract Agreement
16. ADDRESS FOR CORRESPONDENCE & COMMUNICATION DETAILS :
All correspondence shall bear reference to the Invitation for Tender number and may be made as per following details:
Deputy Director Admin (Attn. Programme Executive, Commercial) Room No. 114
Akashvani Bhawan,
All India Radio, Parliament Street, New Delhi – 110 001 India
Fax: +91 11 2342 1762
E-Mail : [email protected]
34
17. BID BOND/EARNEST MONEY/SECURITY DEPOSIT/ PERFORMANCE BOND
a) Earnest Money /Bid Bond: The bidders must submit Earnest Money Deposit of Rs. 10
Lakhs (Ten Lakhs only) in the form of Bank Draft of any scheduled Commercial Bank in
India, in favour of PB BCI, DIRECTOR GENERAL, ALL INDIA RADIO, NEW DELHI, from an
Indian commercial Bank.
b) Offers without Earnest Money Deposit of requisite amount will be ignored.
c) The Earnest Money Deposit submitted by the bidder shall be forfeited by this
Organization in the following events:
1. If tender is withdrawn during the validity period or any extension thereof.
2. If tender is varied or modified in a manner not acceptable to this Organization during
the validity period or any extension of the validity duly agreed by the bidder.
3. If a bidder, whose bid has been accepted, fails to furnish Security deposit/ Performance Bank Guarantee within a week of the placement of notification of award.
d) The earnest money of unsuccessful bidders will be returned on finalization of the tender.
The earnest money of successful bidder will be returned on receipt of security
deposit/performance bond.
e) This organization shall not be liable to pay any bank charges, commissions or interest on
the amount of security deposit/performance Bond.
f) Security Deposit/Performance Bond: The successful bidder, within 30 days of the receipt
of order/advance order/letter of intent, will be required to submit security deposit in the
form of crossed bank draft/FDR/BG in favour of PBBCI, DIRECTORATE GENERAL:ALL INDIA
RADIO, NEW DELHI or in lieu thereof Performance Bond.
g) The Security Deposit/Performance bond shall be 10 % of the Final contract amount
18. BID PRICES –
a. The Bidder shall quote firm price fully in Indian currency for the purpose of comparative evaluation.
b. The Price Bid Price Schedule must be prepared in accordance with the instructions specified below:
i. The Prices for supply, installation, implementation and integration of the Hardware,
Software and User Licenses must be quoted.
35
ii. The Prices for supply/customization, Integration and Implementation Services must include all incidental costs associated with the provision of the service, such as travel, subsistence, office support, communications, printing, taxes, levies, duties and fees imposed on the Bidder or its employees in India or in any other country.
19. VAGUE AND INDEFINITE EXPRESSION
The offers should be unambiguous and unconditional. Tenders qualified by vague and
indefinite expressions such as “subject to immediate acceptance” or “subject to prior
sale” etc. will not be considered.
20. VALIDITY PERIOD OF OFFER
a) The Tender shall be valid for acceptance for a period of 180 days from the date of
opening of Technical Bids (hereinafter referred to as validity period) and shall not be
withdrawn on or after the opening of tenders till the expiration of the validity period or
any extension thereof.
b) The offers of agencies who have not kept the validity open till the period stipulated above
will be treated as non-responsive and will be ignored without making any reference.
c) The bidder will undertake not to vary/ modify the tender during the validity period or any extension thereof.
21. PRE-BID MEETING:
A pre-bid meeting will be held at Akashvani Bhawan, Parliament Street, New Delhi-
110001 on the date mentioned in the Bio-data sheet to clarify concerns of prospective
bidders in respect of scope of work and any other clauses of the tender document. Any
change in the date of the pre-bid meeting will be notified on website www.ddindia.gov.in
and will also be intimated to all prospective bidders who will have purchased tender
documents. Bidders willing to participate in the pre-bid meeting must send their full
contact details and queries in writing or through email at least two days before the date
of the pre-bid meeting. However, AIR reserves the right not to answer any particular
query or to answer in the way it deems appropriate.
22. CATALOGUE/LITERATURE OF THE SOFTWARE: It will be mandatory that, along with the project completion certificate, the bidder will
send two copies of Documentation /Manuals of operation/ maintenance/ repair to the
purchaser. The purchaser will send acknowledgement of the receipt of above
information/document. The bidder will send two copies of Documentation/ manuals of
operation/ maintenance/ repairs to the consignee along with materials.
23. AWARD CRITERIA
(i) The Bidder whose bid amount is lowest shall be eligible for award of contract. (ii) AIR’s Right to Accept or reject any or all Bids:
36
AIR reserves the right to accept or reject any bid or to annul the bidding
process and reject all bids at any time prior to Contract award, without
assigning any reason thereof.
(iii) Notification of Award: Prior to the expiration of the period of bid validity, AIR will
notify the successful Bidder in writing that its bid has been accepted. The
notification of award will constitute the formation of the Contract.
(iv) Upon the successful Bidder’s furnishing of the signed Contract agreement and the
performance security, AIR will promptly notify each unsuccessful Bidder and
will discharge its EMD.
(v) At the same time as AIR notifies the successful Bidder that its bid has been
accepted, AIR will send the Bidder the Contract Form provided in the Bidding
Documents, incorporating all agreements between the parties.
(vi) Not more than fourteen (14) days following receipt of the Contract Form, the
successful Bidder shall prepare the contract agreement on a Non Judicial stamp
paper of Rs 100/-, sign, date and return it to the tendering office. The
notification of award is to be accepted unconditionally by the successful bidder
by returning to this office copy of the order duly signed without qualification. In
case, the successful bidder does not do so, AIR in its discretion may cancel the
bid of the successful bidder and may accept the bid of the next higher bidder
and the successful bidder also be liable to pay damages to AIR. .
(vii) Modifications in the Order: All modifications leading to changes in the
notification of award with respect to technical and commercial aspects,
including terms of delivery, shall be considered valid only when accepted in
writing by this Organization by issuing amendment to the notification of award.
(viii) Organization shall not be bound by any printed conditions, provision in the
BIDDER BID, forms of acknowledgement of notification of award, invoice
packing list and other document, which purport to impose any condition at
variance with or supplement to the notification of award.
24. PAYMENT OF EXCISE DUTY AND SALES TAX/VAT (ON FINAL
PRODUCTS) AND CUSTOM DUTY (FOR INDIAN BIDDERS)
Payment of excise duty and VAT (on final/ ultimate products) and custom duty, as
applicable on the closing date of tender will be to bidder's account. In the case of "Two
Bid" system where revised price bids are permitted after technical discussions payment of
these charges as applicable on closing day of revised price bids, will be to bidder's account.
Any statutory variation (increase or decrease of duty) in the rate of excise
duty/VAT/custom duty after closing date of tender/revised price bid but before the expiry
of the contractual delivery/completion period along with price of initial lot of spares will
be to the account of this Organization. The bidder(s) will indicate in their bid the amount
37
with exact rate of customs duty and the applicable item of custom tariff under which it is
covered. Similarly the amount of Excise and Sales Tax on ultimate finished product, as
applicable at tendering stage will be shown separately in the bid. In case the above
information subsequently proves wrong incorrect or misleading,
(i) This Organization will have no liability to reimburse the excess in the
difference in rates of the item under which the duty/tax assessed finally
(ii) This Organization will have the right to recover the difference in case the rate
of duty /tax finally assessed is on the lower side. Any increase in excise
duty/VAT/custom duty during extended period of the contract will be to the
successful bidder’s account where such an extension in delivery of the
materials/completion of the project was on the request of the successful
bidder. However, any decrease in excise duty/sales tax/custom duty during
extended period of the contract/notification of award will be to the account of
this Organization.
25. INCOME TAX LIABILITY: The bidder will have to bear all liabilities of Income Tax whether corporate or personal tax.
26. ORDER ON HIGHER TENDER:
It should be noted that if a notification of award is placed on a higher tender in preference
to the lowest acceptable offer in consideration of an earlier delivery, the successful bidder
will be liable to pay to AIR, the difference between the contract rate and the rate quoted by
the lowest acceptable tender in case it fails to complete the supply in terms of such
contract within the specified date of delivery. This is without prejudice to other rights under
terms of contract.
27. UNSOLICITED POST TENDER MODIFICATION
In case certain clarifications are sought by this Organization after opening of tenders, then
the reply of the bidder should be restricted to the clarifications sought. Any bidder who
modifies its bid(including a modification which has the effect of altering the value of the
offer) after the closing date without specific reference by this Organization shall render the
bid liable to be ignored and rejected without notice and without further reference to the
bidder. Canvassing in any form by the bidders shall also render the bid liable to be ignored
and rejected without notice and without further reference to the bidder.
38
28. CLARIFICATION IN RESPECT OF INCOMPLETE OFFERS.
This Organization has to finalize its purchase within a limited time schedule. Therefore, it
may not be feasible in all cases for this Organization to seek clarifications in respect of
incomplete offers. Prospective bidders are advised to ensure that their bids are complete in
all respects and conform to our terms and conditions and Bid Evaluation Criteria of the
tender. Bids not complying with this Organization’s requirements may be rejected without
seeking any clarifications.
29. AMENDMENT OF BIDDING DOCUMENTS:
AIR may at its sole discretion amend the Bidding Documents at any time prior to the
deadline for submission of bids. However in case of such amendment, the Bid submission
date may be extended at the discretion of the AIR. Amendments made prior to submission
of bid will be provided in the form of Addenda to the Bidding Documents and will be sent in
writing to all Bidders that have obtained the Bidding Documents and will be binding on
them.
30. RECTIFICATION
In the event the stores/ materials supplied against the contract are found to be defective, the
bidder will have to take them back at his own cost and if so instructed by this Organization, to
replace/rectify the defects free of charges without loss of time. The bidder (software)
developers will not be entitled to dispose of the stores/equipment/material given for
replacement/rectification without the prior permission of this Organization. All charges
concerned with the rectification including freight charges will be borne by the bidder.
31. EMPLOYMENT BY FIRMS TO OFFICIALS OF THIS ORGANIZATION.
Firms/ companies who have or had business relations with the Organization, are advised not
to engage/ employ serving employees of this Organization without its prior permission or
within the initial one year period after the retirement/resignation/severance from the service
without specific written consent/ permission of the All India Radio. Organization may decide
not to deal with such firms who failed to comply with the above provision.
32. ETHICAL STANDARD
Bidders are expected to observe the highest standard of ethics during the procurement and
execution of this Contract. In pursuit of this policy, AIR will reject a proposal for award if it
determines that the Bidder being considered for award has engaged in corrupt or fraudulent
practices in competing for the Contract. For the purposes of this provision, the terms set
39
forth below are defined as follows:
(i)“corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to
influence the action in the procurement process or in Contract execution; and
(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process including collusive practices designed to establish bid prices at artificial,
non-competitive levels to deprive AIR of the benefits of competition.
(iii)By signing the Bid Forwarding Letter, the Bidder represents that for the software it supplies, it is either the owner of the Intellectual Property Rights (IPR) in the software or that it has proper authorization and/or license from the owner to offer them. Wilful misrepresentation of these facts shall be considered a fraudulent practice without prejudice to other remedies that the AIR may take.
33. ASSIGNMENT The Bidder shall not, without the express prior written consent of AIR, assign to any third party
the Contract or any part thereof, or any right, benefit, obligation, or interest therein or there
under, except that the Bidder shall be entitled to assign either absolutely or by way of charge
any monies due and payable to it or that may become due and payable to it under the Contract.
AIR also shall not without the express prior written consent of the Bidder, assign to any third
party the Contract or any part thereof, or any right, benefit, obligation, or interest therein or
there under.
SECTION – IV: GENERAL TERMS AND CONDITIONS (GTC) (Each page must be signed and returned along with your offer)
34. DEFINITIONS Unless inconsistent with or otherwise indicated by the context, following terms stipulated in this ORDER shall have the meaning defined hereunder.
34.1 Notification of Award Shall mean Notification of Award/written purchase order issued by this organization to the
successful bidder including subsequent amendments to ORDER in writing thereof. 34.2 Organisation
The Organization/Purchaser shall mean DG: ALL INDIA RADIO, ALL INDIA RADIO BHAWAN, New
Delhi, Indian acting on behalf of AIR shall include all their legal representatives, successors and
assignees.
40
34.3 Supplier/Bidder
Shall mean any person or persons of firm or company in India as well as abroad whose bid has
been accepted by this Organization and the legal representation, representatives, successors
and permitted assignee of such person, persons, firm or company.
34.4 Order Price
Shall mean the sum accepted or the sum calculated in accordance with the rates accepted by this Organization and amendments thereof and shall include all fees registration and other charges paid to statutory authorities, without any liability on the Organization for any of these charges unless specially agreed to, in writing by this Organization.
34.4 Delivery Period
Shall mean dispatch by date specified in the ORDER.
34.5 Destination Shall mean the location of the consignees for which this ORDER has been issued.
34.6 Equipment/Materials Shall mean and include any equipment, instruments stores and goods to be supplied for under the ORDER and amendments thereto. 34.7 Specifications Shall mean and include detailed description, statements to technical data, performance
characteristics and standards (Indian as well as international as applicable and as specified in
the ORDER).
34.8 Approval Shall mean and include the written consent either manuscript typewritten or printed statement under over signature or seal as the case may be of the Organization or the representative or documents or other particulars in relation to the ORDER. 34.9 Language:
All Contract Documents, all correspondence, and communications to be given shall be in English
and the Contract shall be construed and interpreted in accordance.
34.10: Singular and Plural: The singular shall include the plural and the plural, the singular except where the context otherwise requires.
34.11: Headings: The headings and marginal notes in the CC are included for case of
reference and shall neither constitute a part of the Contract nor affect its interpretation. 34.12: Persons: Words importing persons or parties shall include firms, corporations and government entities.
41
34.13: Entire Agreement: The Contract constitutes the entire agreement between AIR and
Bidder with respect to the subject matter of Contract and supersedes all communications,
negotiations, and agreements (whether written or oral) of parties with respect to the subject
matter of the Contract made prior to the date or Contract. 34.14: Amendment: No amendment or other variation of the Contract shall be effective
unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly
authorized representative of each party to the Contract.
34.15: If the Bidder is consortium of two or more firms, all such firms shall be jointly
and severally bound to AIR for the fulfilment of the provisions of the Contract and shall
designate one of such firms to act as a leader with authority to bind the consortium. The
composition or constitution of the consortium shall not be altered without the prior written
consent of AIR.
35. Miscellaneous Clauses:
i. Insurance: The insurance and safety of all men and material of the vendor at AIR’s site
shall be the responsibility of the vendor.
ii. Solvency of the Bidder: Bidder or any member of the consortium should not be in the
process of selling the company or filing for bankruptcy at time of signing of contract. The
bidder shall promptly intimate the purchaser as soon as he or any member of the
consortium begins proceedings for selling or filing for bankruptcy.
36. FORCE MAJEURE:
“Force Majeure” shall mean any event beyond the reasonable control of AIR or of the
Bidder, as the case may be, and which is unavoidable notwithstanding the reasonable
care of the party affected and shall include, without limitation, the following:
a. War, hostilities, or warlike operations (whether a state of war be declared or not) invasion, act of foreign enemy, and civil war.
b. Rebellion, revolution, insurrection, mutiny, usurpation of civil or military
government, conspiracy, riot, civil commotion and terrorist acts.
c. Strike, sabotage, lockout, embargo, import restriction, industrial dispute, epidemics, quarantine, and plague.
d. Earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or cyclone, hurricane, storm, lightening, or other inclement weather condition, nuclear and pressure waves, or other natural or physical disaster immediately effecting project implementation.
1. If either party is prevented, hindered, or delayed from or in performing any of its
obligations under the Contract by an event of Force Majeure, then it shall notify
42
the other in writing of the occurrence of such event and the circumstances of the
event of Force majeure within fourteen (14) days after the occurrence of such
event.
2. The party who has given such notice shall be excused from the performance or
punctual performance of its obligations under the Contract for so long as the
relevant event of Force Majeure continues and to the extent that such party’s
performance is prevented, hindered, or delayed. The Time for Achieving
Operational Acceptance shall be extended.
3. The party or parties affected by the event of Force majeure shall use reasonable
efforts to mitigate the effect of the event of Force Majeure upon its or their
performance of the Contract and to fulfil its or their obligations under the
Contract, but without prejudice to either party’s right to terminate the Contract.
4. No delay or non-performance be either party to this Contract caused by the occurrence of any event of Force Majeure shall: (a) Constitute a default or breach of the contract. Give rise to any claim for
damages of additional cost or expense occasioned by the delay or non-performance; if, and to the extent that, such delay or non-performance is caused by the occurrence of an event of Force Majeure.
If the performance of the Contract is substantially prevented, hindered, or
delayed for a single period of more than sixty (60) days or an aggregate period
of more than one hundred and twenty (120) days on account of one or more
events of Force majeure during the time period covered by the Contract, a
mutually acceptance solution would be found.
37. Subject Matter of Contract
37.1: Scope of the Project: Unless otherwise expressly limited in the Scope of the work,
the Bidder’s obligations involve Development/Customisation, implementation,
integration, achieving, go-live operational acceptance, modifications and training of
proposed software for all Services in accordance with the plans, procedures,
specifications and any other documents specified in the Contract and the Agreed and
Finalized Project Plan.
37.2: The Bidder shall, unless specifically excluded in the Contract, perform all such work and/or supply all such items, services materials not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for attaining Go-Live Operational Acceptance of the Project as if such work and/or items and Materials were expressly mentioned in the Contract.
37.3: Time for Commencement and Go-Live Operational Acceptance: The Bidder shall commence work on the project within 1 week from date of issue of Letter of Acceptance. The Bidder shall thereafter proceed with the supply/development, installation, implementation and integration of the project in accordance with the time schedule specified in the Agreed and Finalized Project Plan.
43
37.4: The Bidder shall achieve Go-Live Operational Acceptance of proposed software or
Subsystem (s) in accordance with the time schedule specified in the Agreed and Finalized
Project Plan, or within such extended time to which the Bidder shall be entitled.
37.5: Bidder’s Responsibilities: i. The bidder has the primary responsibility for conducting the software Requirement
Study (SRS), Commissioning Acceptance Tests and the go-live Operational Acceptance
Test (s). A report of SRS is required to be submitted as per the specified time band and
mutually agreed upon.
ii. The Bidder shall be responsible for timely provision of all resources, information and
decision making under its control that are necessary to reach a mutually Agreed and Finalized Project Plan within a period of two (2) weeks from the date of issue of Letter of Acceptance. Failure to provide such resources, information and decision making any constitute grounds for termination.
iii. The Bidder shall acquire in its name all permits, approvals, and/or licenses from all local,
state, or national government authorities or public service undertakings that are
necessary for the performance of the Contract. iv. The Bidder shall comply with all laws in force in India. The laws will include all national,
provincial, municipal or other laws that affect the performance of the Contract and are
binding upon the Bidder. The Bidder shall indemnify and hold harmless AIR from and
against any and all liabilities, damages, claims, fines, penalties and expenses of whatever
nature arising or resulting from the violation of such laws by the Bidder or its personnel
The Bidder shall not indemnify AIR to the extent that such liability, damage, claims, fines,
penalties and expenses were caused or contributed to by a fault of AIR. v. The Bidder shall provide and employ only such personnel who are skilled and
experienced in their respective callings and supervisory staff who are competent to
adequately supervise the work at hand. The bidder will provide the Resumes of
personnel to be staffed on the project as per Appendix-10 & 11, provided in Bidding
Documents. All personnel must have worked with the bidder for a minimum of twelve
(12) months, shall preferably have worked on the modules they have been assigned to
work under proposed project implementation. In particular, the key personnel namely
the Project Leader, Module Leaders, Quality Assurance personnel any Specialist/Analysts
required as appropriate, need to have sufficient experience in terms of relevance and
number of years required to implement the project. Should the profile of any personnel
be not acceptable to AIR, AIR will require the Bidder to suitably replace such personnel.
They are to be assigned to the project on full time basis. The key personnel as deployed
for the project by the vendor will in no case claim any regular employment in AIR, and
their PF, Gratuity and statutory liabilities will be borne by the bidder.
vi. If for any reason beyond the control of the bidder, there arise a need to replace any
44
personnel, the bidder shall provide a replacement person of equivalent or better
qualification and experience, subject to the written approval of AIR. vii. The Bidder shall provide personnel who, under the Contract agreement shall not engage
in any other business or professional activity in India/abroad during their work at AIR. viii. The Bidder is responsible for performing and safely storing timely and regular backups of
its data and Software in accordance with accepted data management principles, except
where such responsibility is clearly assigned to AIR elsewhere in the Contract. ix. The bidder will have primary responsibility for the successful running and stabilization of
the Project. x. The bidder shall prepare a Bill of Material indicating the versions/models of
software/hardware along-with Technical Bid and submitted. 37.6 AIR’s Responsibilities:
i. AIR shall ensure the accuracy of all information and/or data to be supplied to the bidder.
AIR shall be responsible for timely provision of core team and necessary resources, information and decision making under its control that are necessary to reach an agreed and Finalized Project Plan.
ii. AIR shall provide the office space, furniture and other supporting facilities within its premises for the Bidder’s team in accordance with the Agreed Project Plan.
iii. AIR shall be responsible for timely provision of resources, necessary access, and
information necessary for the Development/Customization, Installation,
Acceptance testing, Training and Go-Live Operational Acceptance if the activity
shown is on critical path.
iv. AIR will designate appropriate staff for the training courses to be given by the
Bidder and shall endeavour to make all appropriate logistical arrangements for
such training as specified in the CC, the Agreed and Finalize Project Plan, or other
parts of the Contract.
37.7 Intellectual Property Rights
The Intellectual Property Rights of the proposed application software shall
remain vested with AIR, if exclusively developed for AIR.
All rights including the Intellectual Property Rights subsisting in any material
including any tools, utilities or methodologies belonging to the Bidder and used
to perform the obligations under this Agreement shall remain vested in the
Bidder (the Bidder Properties). Any additions during the process of
customization or new inventions made in the course of performance of services,
that part of the software IPR shall be vested with AIR. Any licenses obtained
from the principal vendors against tools, utilities, OS etc. shall be in the name of
45
AIR throughout the AMC period.
37.8. Confidential Information
i. AIR and the Bidder (“the Receiving Party”) shall each keep confidential and shall
not, without the written consent of the other party to this Contract (“the
Disclosing Party”), divulge to any third party any documents, data, or other
information of a confidential nature (“Confidential Information”), that has been
marked “Confidential” (“Confidential Information”) and
(a) Furnished directly or indirectly by the Disclosing Party in connection with this Contract; or
(b) Where the Bidder is the Receiving Party, information generated by the Bidder in
the course of the performance of its obligations under the Contract and relating
(i) To the businesses, finances, bidders, employees, or other contacts of AIR,
whether such information has been furnished or generated prior to, during or
following termination of the Contract (“Confidential Information”), perform their
work under their support service Contracts; and
(ii) to its affiliates and subsidiaries in which event the Receiving Party shall ensure
that the person to whom it furnishes Confidential Information of the Disclosing
Party is aware of and abides by the Receiving Party’s obligations as if that person
were party to the Contract in place of the Receiving Party;
And in such case shall be liable for any breach of confidentiality obligations by
the receiving party as stated in sub clauses (i) and (ii) above.
38. DESIGNS, PATENTS AND ROYALITIES
If any material used or methods or processes practiced or employed in the manufacture
of items to confirm with the requirement of the contract is/are covered by a patent (s) in
respect of which bidder is not licensed, the bidder shall before using the material,
method or process, as the case may be, obtain such license (s) and pay such royalty (ies)
and license fee (s) as may be necessary. The bidder, shall keep the Organization
indemnified from and against any and all claims, actions demand and proceedings
whatsoever brought or made against the organization on the basis of any patent or
infringement thereof claimed or otherwise relating to and arising from any method or
process employed or matter or thing done to do or in connection with any work
executed by the bidder shall at their own risk and any work executed by the bidder shall
at their own risk and expense defend any suit for infringement or patent or like suit
brought against the Organization (whether with or without the bidder being a party
thereto and shall pay damages and costs awarded in such suit and keep the Organization
indemnified from and against all consequence thereof. 38.1 in connection with any work executed by the bidder shall at their own risk and any
work executed by the bidder shall at their own risk and expense defend any suit for
infringement or patent or like suit brought against the organization (whether with or
46
without the bidder being a party thereto and shall pay damages and costs awarded in
such suit and keep the organization indemnified from and against all consequence
thereof.
39. FAILURE AND TERMINATION CLAUSE
39.1 Termination at AIR’s Convenience
AIR may at any time terminate the Contract without assigning any reason by giving the Bidder a thirty days (30) notice of termination.
39.2 Termination for Bidder’s Default
In the event the bidder commits a breach of the provisions of this contract or defaults in
performance, AIR may cause a notice specifying the breach/default to be served on the
bidder. If the bidder fails to cure the breach/default within a period of 30 days from the
date of the receipt of the notice, AIR would have the right to terminate the contract.
39.3 AIR, without prejudice to any other rights or remedies it may possess, may terminate
the Contract forthwith in the following circumstances by giving a notice of termination
to the Bidder.
(a) if the Bidder becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or , if the Bidder is a corporation, a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Bidder takes or suffers any other analogous action in consequence of debt; if the Bidder assigns or transfers the Contract or any right or interest therein in violation of the provision, or
(b) if the Bidder, in the judgment of AIR, has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract, including but not limited
to wilful misrepresentation of facts concerning ownership of Intellectual Property
Rights in, or proper authorization and/or licenses from the owner to offer, the
hardware, software, or materials provided under this Contract.
40. SETTLEMENT OF DISPUTES: Any dispute between AIR (Prasar Bharati) and the Bidder arising from the agreement executed between them pursuant to this tender shall be referred to arbitration by a Sole Arbitrator to be appointed by CEO, Prasar Bharati. The place of Arbitration shall be New Delhi. The arbitration proceedings shall be conducted in English and in accordance with the Arbitration and Conciliation Act, 1996 and as amended from time to time. Each party shall bear its own cost and equally share the fees of the Arbitrator unless Arbitrator decides otherwise.
47
Annexure – I
LIST OF AIR, FM STATIONS
FM RAINBOW (20) DELHI, MUMBAI, CHENNAI, KOLKATA, BANGALORE,
LUCKNOW, PANAJI, JALLANDHAR, SHILLONG,
KODAIKANAL, HYDERABAD, VISHAKHAPATNAM,
VIJAYAWADA, KOCHI, TIRUCHIRAPALLY, COIMBATORE,
CUTTACK, MADURAI, TIRUNELVELI & PUDUCHERRY
FM GOLD (5) DELHI, MUMBAI, CHENNAI, KOLKATA & LUDHIANA
48
Annexure – II
LIST OF AIR, PRIMARY CHANNEL STATIONS
GROUPING OF PRIMARY CHANNEL STATIONS
(INCLUDING LOCAL RADIO STATIONS) Group-I (11 Stations)
Primary Channel: Ahmedabad /Vadodara, Bangalore, Chennai, Delhi, Hyderabad,
Jaipur/Ajmer/Mount Abu, Kolkata, Lucknow, Mumbai, Nagpur, Pune.
Group-II (24 Stations)
Primary Channel : Agra, Allahabad, Bhopal, Coimbatore, Cuttack, Gorakhpur, Guwahati, Indore,
Jabalpur, Jallandhar, Kozhikode, Madurai, Najibabad, Patna, Raipur, Rajkot, Rampur, Ranchi,
Rohtak, Thiruvananthapuram, Tiruchirapally, Varanasi, Vijayawada, Vishakhapatnam.
Group – III (28 Stations)
Primary Channel: Agartala, Bhadrawati, Cuddappa, Chattarpur, Dharwad, Dibrugarh, Gwalior, Jalgaon, Jammu, Jodhpur, Kolhapur, Mangalore, Mysore, NES Shillong, Rewa, Sambhalpur, Shimla, Sangli, Shillong, Siliguri, Srinagar, Suratgarh, Tirunelveli, Thrissur, Udaipur.
Local Radio Stations: Kochi, Kota, Manjeree
Group-IV (45 Stations)
Primary Channel: Aizwal, Almora, Ambikapur, Aurangabad, Bhagalpur, Bikaner, Bhuj, Darbhanga,
Gangtok, Gulbarga, Hassan, Imphal, Itanagar, Jagdalpur, Jamshedpur, Jeypore, Kannur, Kohima,
Kurseong, Leh, Mathura, Panaji, Parbhani, Passighat, Puducherry, Port Blair, Ratnagiri, Silchar, Tura,
Tuticorin
Local Radio Station: Ahmednagar, Bareilly, Behrampur, Bhatinda, Faizabad, Hissar, Jhansi,
Karaikal, Kurukshetra, Murshidabad, Nasik, Tirupati, Warangal, Yavatmal, Solapur
Group –V (82 Stations)
Primary Channel: Ahwa, Barmer, Bhawanipatna, Churu, Dharmshala, Idduki, Jaisalmer, Kargil, Kavarati,
Kokrajhar, Kothagudam, Lungleh, Markara, Obra, Ooty, Pauri, Sahadol, Shivpuri, Tawang, Tejpur, Tezu,
Bhadarwah.
Local Radio Stations
Adilabad, Akola, Alwar, Anantpur, Balaghat, Banswara, Baripada, Beed, Belonia, Betul, Bijapur,
Bilaspur, Bolangir, Chandrapur, Chaibasa, Chhindwara, Chitradurg, Chittorgarh, Daman, Daltonganj,
Diphu, Dharamapuri, Dhule, Godhara, Guna, Halflong, Hamirpur, Hazaribagh, Hospet, Jowai,
Jhalawar, Joranda, Jorhat, Kailashahar, Karwar, Kathua, Khandwa, Keonjhar, Kurnool, Markapuram,
Mokokchung, Nagarcoil, Nagaur, Nanded, Nizamabad, Nagaon, Osmanabad, Patiala, Poonch, Puri,
Purnea, Raigarh, Raichur, Rourkela, Sagar, Sasaram, Satara, Sawai Madhopur, Shantiniketan, Ziro
(Arunachal Pradesh).
49
Annexure - III
LIST OF VIVIDH BHARATI STATIONS
GROUPING OF VIVIDH BHARATI STATIONS
Group – A (9):
Delhi, Mumbai, Chennai, Kolkata, Bangalore, Hyderabad, Ahmedabad, Nagpur and Pune
Group – B (16):
Kanpur, Allahabad, Lucknow, Jaipur, Bhopal, Indore, Patna, Rajkot, Vadodara, Thiruvananthapuram, Kozhikode, Vijayawada, Surat, Ranchi, Chandigarh and Varanasi
Group – C (12):
Jodhpur, Udaipur, Dharwad, Jallandhar, Panaji, Srinagar, Jammu, Jabalpur, Jamshedpur, Siliguri, Cuttack
& Guwahati
VB NETWORK (30):
Delhi, Mumbai, Kolkata, Ahmedabad, Pune, Nagpur, Kanpur, Allahabad, Lucknow, Jaipur, Bhopal, Indore, Patna, Cuttack, Rajkot, Vadodara, Guwahati, Surat, Jodhpur, Ranchi, Chandigarh, Jallandhar, Panaji, Srinagar, Jammu, Jabalpur, Jamshedpur, Varanasi , Siliguri, Udaipur.
Additional 5 Stations broadcasting VB Programmes:
Raipur, Gorakhpur, Rohtak, Gulbarga & Shimla
50
ANNEXURE-IV
List of AIR Stations having Automation
1 DELHI 2 KOLKATA
3 CHENNAI 4 MUMBAI
5 PATNA 6 LUCKNOW
7 JAIPUR 8 AHMEDABAD
9 PUNE 10 INDORE
11 NAGPUR 12 BHOPAL
13 BANGALORE 14 HYDERABAD
15 THIRUVANANTPURAM 16 SRINAGAR
17 JAMMU 18 SHIMLA
19 GORAKHPUR 20 CUTTAK
21 KURSEONG 22 RANCHI
23 SHILLONG 24 GUWAHATI
25 IMPHAL 26 KOHIMA
27 AIZWAL 28 DIBRUGARH
29 PANAJI 30 BHUJ
31 AURANGABAD 32 VADODRA
33 VIJAYWADA 34 PORTBLAIR
35 DHARWAD 36 TIRUCHIRAPALLI
37 VARANASI 38 RAJKOT
39 MUMBAI VBS 40 MADURAI
41 KOZHIKODE 42 JALLANDHAR
43 ALLAHABAD 44 JODHPUR
45 ROHTAK 46 BIKANER
47 NATIONAL CHANNEL, DELHI 48 REWA
51
ANNEXURE-V
List of Abbreviations
A M C : Annual Maintenance Contract
C C S : Commercial Cue Sheet
CBS : Commercial Broadcasting Services
A I R : All India Radio
F P C : Fixed Point Chart
L R S : Local Radio Station
P C S : Program Cue Sheet
R H B : Rights Holding Broadcaster
R M C : Revenue Management Company
R O : Release Order
S R S : Software Request Study
B C : Broadcast Counter
D C S : Daily Cue Sheet
52
ANNEXURE-VI
PROFORMA FOR BIDDERS TO ACKNOWLEDGE THE BID DOCUMENT
(Please submit this in company’s letter head)
Ref: Dated: Dear Sirs,
We hereby acknowledge receipt of a complete set of Bid Documents pertaining to
supply/ Development of Software for booking and billing. We have noted that the closing date
for receipt of the tender by you is the time specified in the tender document and opening at
specified time and date. We guarantee that the contents of the above said Bid Package will be
kept confidential within our company and text of the said package shall remain the property of
your Organization and that the said documents are to be used only for the purpose intended by
your Organization. Our address for further correspondence on this tender will be as under:
________________________________________
________________________________________
________________________________________
________________________________________ Telex No : Telephone No.: E-Mail id. : Personal Attention of (If required):
Yours faithfully
53
ANNEXURE-VII
BID Form (Please submit in company’s letter head)
Ref No. Date: .................
To
Deputy Director Admin (Attn. : Programme Executive, Commercial) Room No 114, Directorate General, All India Radio, Akashvani Bhawan, Parliament Street, New Delhi-110001
Dear Sir,
Having examined the tender document, the scope of work and other conditions therein, we
(undersigned) offer to provide the desired services for providing “Booking, Billing and Traffic
software for All India Radio” as per conditions of contract and specifications.
1. We undertake, if our Bid is accepted, to commence deliveries within schedule time frame and
to complete delivery of all the services specified in the contract as per schedule calculated
from the date of issue of the notification of award.
2. If our Bid is accepted, we will submit the performance guarantee of a Scheduled Bank for an
amount of 10% accepted bid price within seven days.
3. We agree to abide by this Bid for a period of 180 days from the date fixed for Bid opening and
it shall remain binding upon us and may be accepted at any time before the expiration of that
period.
4. We understand that you are not bound to accept the lowest or any bid, you may receive. 5. We have submitted the required bid security of Rs. 10 Lakhs as per tender requirement.
Dated this ........................................ day of ................................ Name and Signature ------------------------ In the capacity of ---------------------- Duly authorized to sign the bid for and on behalf of……………………………………. Witness ......................................... Address ...................................... Signature
54
ANNEXURE-VIII
PROFORMA OF PERFORORMANCE BANK GUARANTEE
Ref: Bank guarantee No.____________
To
Deputy Director Admin (Attn.: Programme Executive, Commercial) Room No 114, Directorate General, All India Radio, Akashvani Bhawan, New Delhi – 110001.
Dear Sirs, Whereas Director General, All India Radio, having its head office at Akashvani Bhawan, Parliament Street, New Delhi-110001, India, (hereinafter called the organization) which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and assignees has on behalf of the AIR floated a Tender No.____________________________________________________ And M/s_________________________________________________________having Registered/head office at_____________________________________(Hereinafter called the “Tenderer” which expression shall, unless repugnant to the context or meaning thereof, mean and include all its successors, administrators, executors and assignees) have submitted a quotation Reference No._____________________________ and tenderer having agree to furnish as a conditions precedent for participation in tender as unconditional and irrevocable
bank guarantee of Rs. ______________ (Rupees _____________________________________ Only) for the due performance of tenderer/s’ obligations as contained in the terms of the Notice
inviting Tender (NIT) and other terms and conditions contained in the Tender Documents
supplied by the Organization specially the conditions that (a) tenderer shall keep his tender
open for a period of day, i.e., from ____________ to ___________ or any extension thereof, and
shall not withdraw or modify it in manner not acceptable to the Organization, (b) the tenderer
will execute the contract, if awarded, and shall furnish performance guarantee in the format
prescribed by the Organization within the required time. The tenderer has absolutely and
unconditionally accepted these conditions. The Organization and the tenderer have agreed that
NIT/ tender document is an offer made on the condition that the tender, if submitted would be
kept open in its original form without variation or modification in a manner not acceptable to
the Organization for a period of ________ days, i.e., from ___________ to__________ or any
extension thereof and that making of the tender itself shall be regarded as an unconditional and
55
absolute acceptance of the conditions, contained in NIT and the tender documents. They have
further agreed that the contract consisting of NIT/Tender documents as the OFFER and
submission of the tender as the ACCEPTANCE shall be a separate contract distinct from the
contract which will come into existence when the tender is finally accepted by the Organization.
The consideration for this separate initial contract preceding the main contract is that the
Organization is not agreeable to sell the NIT/tender documents to the tenderer and to consider
the tender to be made except on the condition that the tender shall be kept open for the period
indicated above and the tenderer desires to make a tender on this condition after entering into
this separate initial contract with the Organization promises to consider the tender on this
condition and tenderer agrees to keep this tender open for the required period. These reciprocal
promises form the CONSIDERATION for this separate initial contract between the parties.
2. Therefore, we ___________________________________________(Indicate the name of
Bank ) registered under the laws of _____________________________ having
head/registered office at _____________________________ (hereinafter referred to as the
“Bank” ) which expression shall, unless repugnant to the context or meaning thereof, include all
its successors, administrators and executors hereby issue irrevocable and unconditional bank
guarantee and undertake to pay immediately on first demand in writing Rupees or in such
convertible currency as acceptable to the Organization and all money to the extent of Rs
__________ (Rupees _______________________________________________________ only)
at any time immediately on such demand without any demur, reservations, recourse, contest or
protest and/ or without any reference to the tenderer and any such demand made by the
Organization on the bank shall be conclusive and binding notwithstanding any difference
between organization and the tenderer or any dispute pending before any court arbitrator any
other matter whatsoever. We also agree to give that guarantee herein to this Organization in
writing. This guarantee shall not be determined/discharged/affected by the liquidation, winding
up, dissolution or insolvency of the tenderer and will remain valid, binding and operative against
the bank. 3. The bank also undertakes that the organization at the option shall be entitled to enforce
this guarantee, against the Bank as a principal debtor, in the first instance, without proceeding
against the tenderer.
4. The bank further agree that as between the bank and the Organization, purpose of the
guarantee, any notice of the breach of the conditions contained in NIT and other terms and
conditions contained in the Tender Documents as referred above given to the bank by the
Organization shall be conclusive and binding on Bank, without any proof, notwithstanding any
other matter or difference or dispute whatsoever. We further agree that this guarantee shall not
be affected by any change in our constitution, in the constitution of the Organization or that of
the tenderer. We also undertake not to revoke, in any case, this Guarantee during its currency.
5. The bank agree with the Organization that the Organization shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to vary any
of the terms of the tender or get extension of the validity period from time to time. We shall not
be relieved from our liability by reason of any such variation or extension of the validity period
56
or for any forbearance, act of omission and commission on the part of the organization or any
indulgence shown by the organization to the said tenderer or by any such matter or thing
whatsoever which under the law relating to sureties, would, but for this provision, have the
effect of so relieving us.
6. Notwithstanding anything contained herein above our liability under this Guarantee is
limited to Rs. __________ (Rupees___________________________________ only) in aggregate
and it shall remain in full force up to and including 45 days after ___________ unless extended
further (indicate the last date of validity period) from time to time, for such period as may be
instructed in writing by M/s __________________________________ on whose behalf this
guarantee has been given, in which case, it shall remain in full force up to and including 45 days
after the expiry of extended period. Any claim under this guarantee must be received by us
before the expiry of 45 days from ___________ (indicate the last date of validity period) or
before the expiry of 45 days after the expiry of extended period, if any. If no such claim has been
received by us within 45 days after the said date/extended date, the rights of the organization
under this guarantee will cease subject to Para 8. However, if such claims have been received by
us within and up to forty five days after the said date/extended date, all right of the organization
under this guarantee shall be valid and shall not cease until we have satisfied that claim.
6. In case contract is awarded to the tenderer (herein after referred to as “bidder” ) the
validity of this Bank Guarantee will stand automatically extended until the bidder furnished to
the organization a bank guarantee for Rs./US Dollar ________________ (in figure) Rupees/ US
Dollars _____________________________________only (in words) towards performance
guarantee for satisfactory performance of the contract. In case of failure to furnish performance
bank Guarantee in the format prescribed by this organization by the required date, the claim
must be submitted to us within 120 days after the last date of validity period or extended
period, if any. If no such claim has been received by us within 120 days after the said
date/extended date, rights of the organization under this guarantee will cease. However if such
a claim has been received by us within and up to 120 days after the said date/extended date all
rights of the organization under this guarantee shall be valid and shall not cease until we have
satisfied that claim.
57
The Bank confirms that this guarantee has been issued with the approval of appropriate Exchange Control Authority in _____________________________ and any other authority (indicate the name of the country of issue of Guarantee) if required as per the laws of the country of issue of guarantee. The bank confirms that this guarantee has been issued with observance of the appropriate Exchange Control rules and Regulations of the country. In witness where of the Bank, through its authorized officer, has sent its hand & stamp on this __________day of __________________at_____________________________________________________of _____________________ (month & year)
Witness No. 1 Signature
Full name in capital letters (Full name address in capital letters) Designation with Bank stamp
Witness No. 2 Attorney or power of attorney
Signature No. ____________________ (Full name and address in capital letters) Date: ___________________
58
ANNEXURE-IX
CHECK LIST
1. The bidders are advised in their own interest to ensure that the following points/aspects
in particulars have been complied with in their offer failing which the offer is liable to be
rejected.
2. Please tick the box whichever is applicable and cross the box (s) which is/are not applicable.
3. The checklist duly filled in must be returned along with the offer.
COMMERCIAL
GROUP: "A"
1.1 Whether requisite tender fee has been paid.
1.2 If yes, furnish the following:- (I) By Bank Draft (II) Name of the Bank (III) Value (IV) No. of Bank Draft (V) Date of issue of Bank Draft 2.1 Whether the Bank Draft for the requisite Earnest Money Deposit (EMD) is enclosed with
the offer.
2.2 If yes, furnish the following:- (I) Name of the Bank (II) Value (III) Number (IV) Date of Issue (V) Period of validity of the Bank Draft
(Signature of the Bidder)
Yes No
Yes No
59
3. Have the rates, prices and totals etc. been checked thoroughly before signing the bid. 4. Has the statement incorporating the deviations from the terms and conditions of the
tender been prepared and enclosed with the offer.
5. Whether the charges for training have been included in the prices? If not, whether these
have been quoted separately.
6. Whether firm FAS/FOB/CIF/C&F prices have been quoted?
7. Whether percentage of reduction in prices, if whole order is placed has been indicated in
the offer.
8. Whether the cost of installation/ erection/ commissioning at site is included in the prices
or not and whether it has been quoted separately?
9. Whether fixed monthly rates have been quoted uniformly for entire contract period? 10. Whether the period of validity of the offer is as required in tender document? If not,
mention the extent of variation in days.
11. Whether the offer has been signed indicating full name and clearly as to whether it has been signed as.
Secretary Manager Partner
Sole Proprietor Active partner Pre procuraterium 12. If the tenderer is seeking business with this Organization for the first time, has he given
the details of the parties to whom the tendered services have been provided in past
along with their performance report?
(Signature of the Bidder)
Yes No
Yes No
Yes No Not applicable
Yes No
Yes No Not applicable
Yes No Not applicable
Yes No Not applicable
Yes No
60
13. Whether the offer is being sent in separate covers for Technical bid and Commercial bid
with appropriate superscription and with both the covers duly sealed subscribed with
tender No and closing/opening date?
14. Has the bid been submitted in duplicate?
16. Has it been ensured that there are no over-writings in the tender? Have corrections been
properly attested by the person signing the tender?
17. Are the pages of the bid consecutively numbered and an indication given on the front
page of the bid as to how many pages are contained in the bid?
18. Has the tender been prepared in sufficient details/clarity so as to avoid post tender
opening clarifications amendments?
19. Whether Schedule-I/II of the tender in original, duly filled in and each page of Annexure
I and II signed and enclosed with the offer?
20. Whether required sample asked in tender has been submitted along with the offer
21. Whether Failure and Termination Clause, Shipment clause, Insurance clause, Subletting
and Assignment Clause of the tender is accepted
22. If not, the clauses not accepted may please be indicated below:- 23. Whether guarantee/warranty has been furnished?
(Signature of the Bidder)
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
61
GROUP: "B"
(Applicable to indigenous suppliers only)
1. Whether a copy of latest income tax clearance certificate has been enclosed?
2. Whether details of your registration under Sale Tax/Central Sales Tax have been
indicated in the offer?
GROUP: "C"
(Applicable to Foreign suppliers only)
1 Has the tenderer clearly indicated Income Tax liability both for corporate and personal tax?
2 Whether suppliers/buyers credits available at subsidized rates of interest from export
credit organization of developed countries has been indicated?
3 Whether tenderer has Agent/Representative/Consultant/retainer/associate in India and
if so whether the tenderer has indicated in the offer the commission/amount payable to
him.
4 Please indicate the percentage of total payment in nonconvertible Indian currency acceptable to you?
Indicate percentage
(Signature of the Bidder)
Yes No Not applicable
Yes No
Yes No Not applicable
Yes No Not applicable
Yes No Not applicable
62
5. Whether in the case of service contracts, the rupee content of the offer has been spelt
out clearly?
6. If the delivery quoted in phases, has the tenderer indicated the phasing of amount for opening of the Letter of Credit?
7. Whether the tenderer has enclosed with the quotation or already sent to this
Organization authority letter/Agreement of his Agent / Representative/ consultant/
Retainer Associate in India spelling out clearly therein the scope of functions and service
to be rendered by him on his behalf?
8. Has the country of origin of the items being offered indicated?
9. In case the tenderer is supply house, whether authorization from the manufacturer,
authorizing him to quote, has been enclosed with the offer?
10. Whether gross weight/volume of the equipment quoted has been given?
11. In case foreign Exchange assistance is required, whether Foreign Exchange content indicated?
(Signature of the Bidder)
Yes No Not applicable
Yes No Not applicable
Yes No Not applicable
Yes No Not applicable
Yes No Not applicable
Yes No Not applicable
Yes No Not applicable
63
ANNEXURE- X
DEVIATIONS /EXCLUSIONS SCHEDULE
Suppliers Proposal Ref No. and Date:
Bidder’s Name and Address
To, …………………………... ……………………………
Dear Sir, We declare that the following are the only deviations and variations and exceptions/exclusions to the services as outlined in your Bidding Documents. Except these deviations, subject to the approval and acceptance by AIR, the entire work shall be performed as per your requirements. We also give below the cost of withdrawal of each deviations/exclusion
Clause
Statement of Deviations/Exclusions and Cost of
Withdrawal
No Variations
(Rs.)
Place: Date: Signature:
Name: Designation: Common Seal:
64
ANNEXURE-XI DETAILS OF PAST PROJECTS IMPLEMENTED
Details of projects of similar nature implemented during last three years (Use a separate sheet for each Project)
1 Name of the Project
2 Name of the Client
3 Client’s Address & Contact Details
4 Nature of work and special features of the product
5 List of modules and sub modules Implemented
6 Role of the bidder as
ERP Principal Implementer partner :
Maintenance Service Provider:
Any other (specify):
7 Value of the work done as System Implementer
8 Escalation in the value of the work done by the System
Implementer due to any scope/
process change
9 Date of award
10 Date of Completion
The Certification from the Client should include the following information:
S No. Function/Modules Existing process Benefits expected /
Implemented problems Achieved
Note: Please attach also a satisfactory completion report duly signed by authorized signatory of the firm and specify corresponding page number
65
ANNEXURE-XII
PROFILE OF THE BIDDER
Principal Vendor Related 1. Background Information (a) Give name, address and contact no of Principal Vendor. (b) Indicate how Principal Vendor operates in India (Company Office, Alliance etc.) (c) Indicate the total number of people employed full time in India (d) The number and location of offices
2. Proposed Solution (a) Indicate the name, version and the release of the Software and any third party software
/Tools upon which this response is based. (b) Provide rating from global analyst like Gartner, TEC etc. (c) Provide the road map for the next five years.
3. Integration
(a) Do your product/ solution support interfaces and data export for the Finance and projects? (b) Do your product support data export to GIS application?
4. Support Facilities for Product Maintenance (a) In which cities of India do you have support offices? Please provide details of support
offices in Mumbai & Delhi (b) In which cities of India do you have your own training centres? Please provide details of
training centres in Delhi & Mumbai (c) How many qualified staffs are assigned to provide post implementation supports and/or
training in India? Give break up in terms of qualified staff, consultants etc. (d) Do you have the capability to support the product on a 24/7 basis? (e) Please provide details about your proposed helpdesk
5. Reference sites
Please provide details of industry reference sites with details of similar product implemented during the last 5 years in Radio Broadcasting sector in India. Enclose technical brochure of your product in support for the above listed points and specify corresponding numbers.
Note: Please attach supporting documents where ever required and specify
corresponding page number.
66
Implementation Partner Related 1) Background (a) For how many years has your firm been operating in India? (b) How many of your firm’s employees in India are involved in application development
implementations? (c) What were your firm’s revenues in the last three years? Please attach audited annual
accounts in support of the same along with I.T clearance certificate of the last three
years. (d) In which cities in India do you have support offices for post implementation support?
Please indicate the support offices in India especially in and around Delhi giving details of
certified maintenance staff, number of consultants and the structure of operation for
extending support facility. 2) Quality Assurance (a) Do you have a quality assurance accreditation /certification? (If yes please provide
details about ISO, SEI-CMM and any other Certifications) Project Implementation Plan
Please give the project implementation plan by indicating the activities, resource
required and time schedule, attach a Gantt chart. Please also attach a PERT Chart
identifying the critical factors/resources that will require continuous attention of AIR. Note: Please attach supporting documents where ever required for each of the points
stated above. Please explain in separate sheet where you need to elaborate and
specify page numbers.
67
ANNEXURE-XIII PRICE BID/TECHNICAL BID FORMAT
(To be submitted on Company’s letter head in Financial Bid with prices and
another copy without prices in technical bid)
Ref: Date:
To, ------------------- Dear Sir, Sub: Price Bid for Supply/development/customization, Implementation, training and Integration
of software for billing, booking and Traffic for All India Radio vide tender no. …………… In continuation of our Price Bid for the above mentioned business solution, we give below the
breakup of the lump sum price of the complete project separately for each component.
Price Break Up for Main Components
Sr. Items Description Total Amount
No
1. Supply/development/customization,
Implementation, acceptance testing, training and
Integration of hardware and software for Billing,
Booking and Traffic for All India Radio as per
Section II,
2. Hosting Solution as per BOM
3. Integration of Payment Gateway
4. Training
5. Bill of Material for Hosting Solution
6. Taxes
TOTAL (inclusive of taxes)
*Note: Please indicate the price both in figures as well as in words. Lowest bidder
will be calculated based on the total sum of prices quoted in the above table.
Please give break up of taxes. Prices may also be quoted in freely convertible
foreign currency. The conversion rate from foreign currency to INR applicable on
68
the date of opening the financial bid will apply.
AFFIRMATION
We affirm that the total price given above represents the entire cost to complete the
work in accordance with the scope of work and is inclusive of all expenses and incidentals
etc. In particular, the price is also inclusive of cost of any development cost, maintenance
cost, App development Cost, App Maintenance Cost, Internet facilities, License fee, travel,
boarding & lodging, Infrastructure requirements such as PCs, Laptops, data cards,
application software, bandwidth requirement, any special equipment required for
management, installation etc. and no claim will be made on account of any increase in
expenses to be incurred or towards fulfilment of the scope of work during the validity of
the notification of award.
(Please note that the bidders should also submit the detailed work out sheet of the bid amount to ascertain its reasonableness) Place: (Signature of the Authorized Person) Date: (Name of the Authorized Signatory
Designation Contact Details Company Seal
69
ANNEXURE-XIV LETTER OF AUTHORISATION FOR ATTENDING BID OPENING
(To be submitted before the bid opening on letter head)
To,
Deputy Director Admin (Attn.: Programme Executive, Commercial) Room No 114, Directorate General, All India Radio, Akashvani Bhawan, New Delhi – 110001.
Subject: Authorization for attending bid opening on_______________ (date) in the tender no ----------- dated ……..for Booking, Billing and Traffic software for All India Radio
Dear Sir,
Following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf of_______________________________________________ (Bidder) in order of preference given below.
Order of Preference Name Specimen Signatures
I
II
Alternate
Representative
Signatures of the bidder
or
of the Authorized Signatory
(Note: Maximum of two representatives for any bidder shall be authorized and permitted to
attend the Bid Opening
70
ANNEXURE-XV
DETAILS OF THE PERSONNEL PROPOSED TO BE DEPLOYED FOR THE
ASSIGNMENT (The personnel proposed to be deployed shall be professionally qualified from reputed
university/institution and shall have adequate experience in implementing similar project in TV
Broadcasting.
Sl. Name Designation Qualification Professional Relevant Current Task
No experience experience Position proposed
in years details in the to be
# firm assigned
1
2
3
4
5
* Enclose detail resumes of the personnel.
# Provide details of at least two most relevant project experiences (including roles and
responsibilities). Authorized signature Name and Designation of Signatory: Name of Firm: Address
71
ANNEXURE-XVI
CV OF THE PROJECT MANAGER/TEAM LEADER/TEAM MEMBERS
Name of the Bidder
Proposed
Deployment of
the Candidate
Name Date of
Birth
Candidate
Professional Qualifications
Information
Number of Years with the present Employer
Summarized Professional Experience over last 5 years in reverse chronological order.
From To Company/Project/Position/Relevant
Technical and Management Experience
(Authorized Signature)
72
ANNEXURE-XVII FINANCIAL BID FORWARDING LETTER
Ref: Date:
To,
Deputy Director (Admin) (Attn.: Programme Executive, Commercial) Room No 114, Directorate General, All India Radio, Akashvani Bhawan, New Delhi – 110001.
Dear Sir,
Sub: Supply/development/customization, Installation, Implementation, acceptance
testing and Integration of Software for Booking, Billing and Traffic for All India Radio, AIR.
Having examined the Bidding Documents, including Addenda Nos. [insert numbers], the receipt
of which is hereby acknowledged, we, the undersigned, offer to supply, install, implement,
commission, integrate and put into operation the software Contract in full conformity with the
Bidding Documents for the total amount as indicated in the price schedule:
We undertake that in case our bid is accepted, we shall: 1. Furnish the required advance payment security and performance security in the form, in
the amounts, and within the times specified in the Bidding Documents. 2. Commence work on the said project and shall make all reasonable endeavour to achieve
Go-live Operational Acceptance within the respective time schedule stated in the Bidding
Documents. We hereby certify that the Software offered in this bid and to be supplied under the Contract is
either (i) owned by us, or (ii) covered by a valid license from the owner of the Software. We agree to abide by this bid, which, in accordance with the Documents comprising the bid
consists of this letter, the Price Schedule, the Bid Security, letter of authorization, documents
establishing conformity, list of deviations, CVs of the personnel to be deployed on this Contract
and Attachments through [specify: the number of attachments] to this Bid Form, for a period of
180 days from the date fixed for submission of bids as stipulated in the Bidding Documents, and
it shall remain binding upon us and may be accepted by you at any time before the expiration of
that period.
73
We declare that the above quoted lump sum price (and prices quoted for each component, the
break-up of which is given in the Price Schedule) are firm and shall not be subject to any
variation for the entire period of the assignment. We further declare that the above quoted
prices include all taxes as on the date of bid submission, duties and levies payable by us under
aforesaid assignment. We declare that price/ rate offered for the Database/ Development Licenses and all other development, implementation & integration, Training and Maintenance along with Hand holding Services will be valid for any purchase and scope extension till the end of the contract i.e. (date on which the contract will expire). Our Maintenance Charges for software (database, and development licenses) will be applicable
on the price for the coverage period as defined in the contract. We have given details of deviations and exclusions (clause wise) taken with reference to bidding
documents provisions, along with justification for the services not covered in our offer. The
costs of withdrawals of these deviations / exclusions are enclosed with the Price Schedule.
Until the formal final Contract is prepared and executed between us, this bid, together with your
written acceptance of the bid and your notification of award, shall constitute a binding contract
between us. We understand that you are not bound to accept the lowest or any bid you may
receive.
Signature.............................................. Name....................................... Designation and Common Seal...... In the capacity of [Insert: title or position] Duly authorized to sign this bid for and on behalf of [Insert: name of Bidder]
74
ANNEXURE-XVIII
CONTRACT
This Agreement is made at ----------------- on the--------day of_______2016 between All India Radio hereinafter called “Purchaser” of the one part and
(Name of bidder) (Address of bidder) of Hereinafter called “the bidder” of the other part.
Whereas the Purchaser is desirous that certain software project should be executed, viz
Supply/development/customization, Implementation, Acceptance Testing, Training and Integration of
Software System in AIR (as described on these bidding documents) hereinafter called “the project”
and has accepted a bid by the Bidder for the execution and completion of such software project and
the remedying of defects therein.
Where us the Bidder solemnly agree and accept the responsibility of safeguarding all the data and
information to be fed to this data server of the software. At any point of time AIR wants to migrate
this software to any other version of software or system, the bidder shall retrieve the entire data and
transfer to the new software system.
NOW THIS AGREEMENT WITNESSETH as follows:
1. In this Agreement words and expression shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to. 2. The following documents shall be deemed to form and be read / construed as part of this Agreement, viz: a. Letter of Acceptance b. Notice inviting Bid c. Conditions of Contract d. Scope of the Work and Technical Requirements e. Bid proposal (Technical and Financial) f. Addenda, if any g. Any other item as applicable+
3. In consideration of the payments to be made by AIR to the bidder as hereinafter mentioned,
the bidder hereby covenants with AIR to execute and complete the software project as per
schedule in contract and remedy any defects therein in conformity in all respects with the
provisions of the Contract. 4. The mutual rights and obligations of the parties shall be as set forth in the Contract, in
particular:
75
The Scope of work will be as per Section II of RFP document.
The Bidder shall complete the project by ________ in accordance with the provisions of the Contract;
The consideration or Contract Price shall be INR. __________ (inclusive of all taxes).
4. Any dispute between the parties arising from this agreement shall be referred to arbitration
by a Sole Arbitrator to be appointed by CEO, Prasar Bharati. The place of Arbitration shall be New
Delhi. The arbitration proceedings shall be conducted in English and in accordance with the
Arbitration and Conciliation Act, 1996 and as amended from time to time. Each party shall bear its
own cost and equally share the fees of the Arbitrator unless Arbitrator decides otherwise.
5. Jurisdiction of Court: The Courts at Delhi shall have the exclusive jurisdiction to try all disputes arising out of this agreement between the parties
IN WITNESS WHEREOF the parties hereto have caused their respective Common Seals to be hereunto
affixed / (or have hereunto set their respective hands and seals) the day and year first above written. For and on behalf of Bidder For and on behalf of AIR Signature of the authorized official Signature of the authorized official Name of the official Name of the official Stamp/ Seal of the Bidder Stamp/ Seal of the AIR
Signed Sealed and Delivered By the Said
By the Said
Name
Name On behalf of the bidder On behalf of the bidder
76
In the presence of In the presence of
Witness Witness Name Name Address Address Note: +to be made out by AIR at the time of finalization of the Form of Agreement. **Blanks to be filled by the AIR at the time of finalization of the Form of Agreement. ***To be deleted if not applicable
The terms & conditions may vary in the final agreement.
77
ANNEXURE-XIX AGREEMENT
Tender No. To
Deputy Director Admin (Attn.: Programme Executive, Commercial) Room No 114, Directorate General, All India Radio, Akashvani Bhawan, New Delhi – 110001.
Sub:-Purchase of Tender Documents Ref: - Tender No. _
DG: All India Radio acting on behalf of the AIR and the Tenderer agree that the Notice inviting
Tenders (NIT) is an offer made on the condition that the Tender would be kept open in its original
form without variation or modification for a period as mentioned in the invitation to bid the last
date for the receipt of tenders stated in the NIT. AND THE MAKING OF THE TENDER SHALL BE
REGARDEDAS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the N.I.T.
we further agree that the contract consisting of the above conditions of N.I.T. as the offer and
the submission of Tender as the Acceptance shall be separate and distinct from the contract
which will come into existence when tender is finally accepted by this Organization. The
consideration for this separate initial contract proceeding the main contract is that this
Organization is not agreeable to sell the N.I.T. to the Tenderer and to consider the tender to be
made except on the condition that tender shall be kept open for (so many) days after the last
date fixed for the receipt of tenders and the Tenderer desires to make tender on this condition
after entering into this separate initial contract with this Organization. This Organization
promised to consider the tender on this condition and the tenderer agrees to keep the tender
open for the required period. These reciprocal promises form the consideration for this separate
initial contract between the parties.
If Tenderer fails to honour the above terms and conditions this Organization shall have
unqualified, absolute and unfettered right to en-cash the bank guarantee for bid bond submitted
on this behalf. Yours faithfully,
(----------------------)
(One copy of this agreement duly signed must be returned along with the Technical Bid)
78
ANNEXURE-XX
SUBMISSION BY CONSORTIUM
To ---------------------
-------------------- --------------------
Dear Sir,
We convey our thanks for inviting us to bid for the Supply/development/customization,
Installation, Implementation, acceptance testing, training and Integration of Software for
Marketing (Booking), Traffic and billing for All India Radio, AIR. As permitted under relevant clause of
the Instruction to Bidders, we M/s ---------------- and M/s ------------ would like to offer our bid as and
Implementation Partner respectively. M/s………. will be the lead member of the consortium. They are
authorized to sign all contract documents, receive payments and instructions and incur liabilities on
behalf of the consortium. A copy of the duly executed Consortium Agreement attested by a notary public
is enclosed for your kind perusal.
Thanking you,
Yours faithfully
For & On behalf of AIR
For & On behalf of Implementation partner Name: Name: Designation: Designation: Common Seal: Common Seal