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SOUTH WESTERN RAILWAY BANGALORE DIVISION

TENDER NOTICE No. B/C. Pub/tender/wrapping/Painting/2013 Dated: 05.08.2013

Senior Divisional Commercial Manager, South Western Railway, Bangalore division, Bangalore 560 023, on behalf of the President of India, invites for the following Sealed Tender in two packet system.

Sl. No

Description

No. of Rakes

Cost of tender

EMD Reserve price per annum

1 Display of advertisement through fleet graphic films by full wrapping/painting of the exterior of train. no 12027/28 Shatabdi express.

One Rake

3,405=00

1,00,000=00

Fifty lakhs

The last date for submission of tender is up to 15.00 hrs on 11.9.2013.

For full details please log on to website: www.southwesternrailway.in or www.tenders.gov.in.

Senior Divisional Commercial Manager For and on behalf on President of India.

South western Railway, Bangalore 560 023.

http://www.southwesternrailway.in/

http://www.tenders.gov.in/

Annexure - I

South Western Railway

Bangalore Division TENDER APPLICATION To, The President of India, (Acting Through) The Senior Divisional Commercial Manager, South Western Railway, Bangalore- 560023

Sir,

Sub: Tender Application for “Display of advertisements through fleet graphic films by full wrapping/painting of the exterior of coaches of Train No. 12027/12028 Shatabdi express.

1) I/We hereby tender for display

of advertisements through fleet graphic films by full wrapping/painting of the exterior of coaches of Train no. 12027/12028 Shatabdi express express.

. 2) I / We have quoted the rates in Annexure-VI ( Financial Bid)

3) The offer has been accompanied with the relevant documents as per this

Tender document. Signature of Tenderer/s Name of Tenderer/s (In block letter) Address:

Annexure - II

South Western Railway, Bangalore Division Agreement Form Tender No. ---------------------------------------------------------------------------------------- Name of the work: - Display of advertisements through fleet graphic films by full wrapping/painting of the exterior of coaches of Trains. 12027/12028 Shatabdi express

The President of India, (Acting through) The Senior Divisional Commercial Manager, South Western Railway, Bangalore -560023

I/We have read the various conditions of the tender attached herewith and agreed to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 120 days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our “Earnest Money Deposit”.

I/We offer to take sites at the rates quoted in the attached Annexure VI. I/We also hereby agree to abide by the General conditions of contract. A sum of Rs. for area as mentioned in the Annexure-IV is herewith forwarded as Earnest Money. The full value of the earnest money shall stand forfeited without prejudice to any other right or remedies in case my/our tender is accepted and if I/We do not make the payment within the prescribed time limit, resulting in withdrawal of the offer of the acceptance of the contract. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work.

Signature of Witnesses Signature of Tenderer/s

1. Name of Tenderer/s

2. Address of Tenderer/s

Annexure- III


SPECIFICATION FOR FLEET GRAPHICS FILMS FOR ADVERTISING ON EXTERIOR OF INDIAN RAILWAY COACHES

(AS SPECIFIED VIDE RDSO SPECIFICATION NO.RDSO/2010/CG-8) 1.0. SCOPE

Fleet Graphics films are being used for frequent changes to the livery of the vehicle bodies. This specification covers the technical requirements of fleet graphics films to be used for the exterior of Indian Railway passenger coaches without causing any damage to the painted / primered/surface coated/metallic surface. The IR coaches are painted with either alkyd are PU top coat systems or epoxy primer with surface. The applicators should procure and used the films to this specification for application on IR coaches.

2.0 AREA OF APPLICATION ON COACHES: Area of application on coaches shall be the entire coach barring area windows, doors, emergency exits and areas carrying mandatory markings of coach and other passenger information boards/charts. The Upper edge of the vinyl should not touch rain water gutter and should be terminated 20mm below rain water gutter level. This area of the side wall is to be painted. The IR logo shall be applied in the centre of the coach above the window. The area of application is shown in RDSO drawing CG-10076.

3.0 GENERAL REQUIREMENTS: 3.1 The advertiser shall submit the following documents along with the tender for their offers to be technically evaluated. a) Authorization certificate in original as proof of being an authorized converter/distributor of the graphic film manufacturer. b) Printed/published technical data/Material safety data sheet/brochure of the product (Base film/Inks/Edge Sealers/Over laminates) proposed to be used along with test certificate from a government accredited laboratory for the test mentioned in this specification. 3.2 The advertiser should submit the following documentation along with sample before starting supply and application to the concerned rolling stock engineer. a) Warranty card from the manufacturer of graphic film in original quoting the tender number for which the P.O (purchase order) has been received by the advertiser specifying all test for Durability and weathering and environmental exposure for the films used with photograph of applied graphic. b) Work test certificate in original from the manufacturer of the film. c) Manufacturer of base film and finished product (giving the manufacturing plan details). Signature of the tenderer

- 2 - d) Film material including production certificate of analysis (COA) e) Film colour/pigmentation and /or print colour. f) Adhesive designation & group g) Sealing material and Sealing method. h) The thickness (adhesive film, print, sealing) with production tolerances. i) Glow degree and weathering behavior j) Characteristic values as specified in this specification. k) Type of product marking. l) The keeping of the specific values determined in the specification must be proved by presenting the test certificate from a government accredited laboratory. m) The Film removing procedure. n) An undertaking to follow all safety precautions at the work site. 3.3 The graphics to be reproduced on the vinyl graphic film shall be supplied by the tendering unit in “cdr” format or “ai” format or any other suitable graphic printing software.

4.0 OPERATING CONDITIONS FOR GRAPHICS: 4.1 Ambient conditions: The graphics shall perform satisfactorily under the following climatic conditions. I) Ambient temperature: -4 deg. C to 50 deg Altitude: Sea level to 2500 m Max. Sun Temperature: 70 deg. Relative Humidity: 40% to 100% II) The rainfall is fairly heavy. III) During dry weather the atmosphere is likely to be dusty. IV) Temperature variations can be quite high in the same journey or short period of

time. V) Coaches operate in coastal area with continued exposure to salt laden air.

4.2 Maintenance Conditions:

The coach exteriors are cleaned with mildly acidic cleaning agents using brush with nonmetallic bristles or automatic car washing plants.

5.0 TECHNICAL REQUIREMENTS OF CAST VINYL GRAPHICS FILM: The graphic film will consist of three layers namely, the base film (PVC), adhesive layer and release liner. The completed film should be over laminated and edge sealed.

Signature of the tenderer

- 3 - 5.1 BASE FILM REQUIREMENTS:

a) The base film will be cast PVC film having thickness not more than 50 microns, Plasticizers and other additives materials must not emerge or exude. The films shall not include any material having harmful effects on painted surfaces, human beings and environment. b) The film shall be white in colour with whiteness index of 100 to 90 as per test standard ASTM E 313. c) Thickness: The nominal thickness of the unprinted film including adhesive shall be between 0.070 mm to 0.090mm. The test procedure for measuring thickness is ASTM D.3652.

5.2 REQUIREMENTS FOR ADHESIVES:

5.2.1 The adhesive shall stick, without the use of an activator such as solvents or heat on any metallic and painted primered, polished and clean surfaces, free from any grease or silicone without producing wrinkles, rolling up tearing or detaching. 5.2.2 The adhesive should be of grey colour acrylate base. The grey colour adhesive will provide good hiding power so that colour of the coach does not affect the printed graphic colours and they appear vibrant. 5.2.3 The adhesive should have features of controlled adhesive release, which will protect the paint of the coach. After the release liner has been removed, the films having controlled release adhesive shall be able to slide freely on the substrate before its final installation. Film can be positioned and finally applied by squeezing out permanent adhesive using a nylon molded squeeze without using any activator such as solvent or heat. 5.2.4 The graphics film should have inbuilt air channels in the adhesive layer to ensure release of air bubbles during application which will result in fast application and the same should be clearly marked on the backing liner as “controlled release type” or “with inbuilt air release channels”.

5.3 REQUIREMENTS FOR RELEASE LINER

5.3.1 The release liner protects the adhesive against dirt contamination and prevents the film from unintended agglutination. 5.3.2 The release liner will be paper, coated with polyethylene on both sides to have the resistance to moisture and solvent during printing and application. 5.3.3 In addition, the adhesive power of the release liner shall not be so strong that the adhesive detaches on removal of the release liner.

5.4 REQUIREMENTS FOR PRINTING OF BASE FILMS TO CONVERT INTO GRAPHICS 5.4.1 Films shall be printed with digital printing technology with eco-friendly low emission solvent inks. Signature of the tenderer

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5.4.2 The graphic has to be printed with printing resolution of the minimum of 720 dpi by 1440 dpi (Dots/inch). 5.4.3 The printing inks shall be approved by the manufacturer of the graphics film and should carry a comprehensive warranty for minimum of 2 years against any kind of fading of colors and cracking.

5.5 REQUIREMENTS OF EDGE SEALING OF PRINTED GRAPHICS

5.5.1 Edge sealing is required on the edges of the vinyl to give protection against peeling of the graphics films and preventing damages of the graphics films against vandalism. 5.5.2 The edge sealing material shall be clear acrylic/alkyd/PU resin applied on all the overlap joints of the film and end edges of the film with at least 10 mm footprint covering 5 mm both the exposed edges. A slight change is expected in the gloss value at the joints where edge sealer is applied depending on the viewing angle. 5.5.3 The edge sealer should become water resistant within four hours of application.

5.6 REQUIREMENTS OF OVER LAMINATE.

5.6.1 The surface of the graphic films shall be over laminated in an appropriate way in order to guarantee the resistance against operating stress and weather, acids, alkalis, salt solutions, scratch and tear from foreign objects. 5.6.2 The graphics film should have an over laminate supplied by the same manufacturer of the graphics film. The over laminate should be a PVC film with attractive gloss finish and should be UV stabilized, which is to be tested to ASTM G 152 for protection against deterioration and fading. 5.6.3 Over laminate should be applied on the printed graphics as per recommendation by the manufacturer of the graphics film after the printing has been done on the graphics films.

6. CHARECTERISTICS OF FINISHED GRAPHICS PRIOR TO APPLICATION. 6.1 Thickness: The film thickness shall be not more than 0.150mm +/- 15% with sealing and print color. The test procedure for measuring thickness is ASTM B 3652. 6.2 Gloss Value: 6.2.1 The minimum gloss value shall be 70 achieved at 60 degree measured by gloss meter as per ASTM D 523. Gloss value shall not drop below 50 at 60 degree measured by gloss meter as per ASTM D 523, at any point of time during the service life of eighteen months from the date of application. 6.2.2 For every tender, a control sample of size 8‟ x 4‟ appropriately numbered shall be preserved for comparing gloss values and colour properties of the finished coaches in service for that particular tender.


- 5 - 6.2.3 For each rake, gloss values for two coaches shall be measured and recorded after application on the coach. The spectro densito meter should be used for recording the colour characteristics. These values along with that of the control sample should be recorded on the quality check list for each rake. 6.3 Durability & Weathering Resistance: The graphic films shall be durable & resistant of weathering for at least twenty-four months in permanent outdoor- exposure. No kind of detachment, cracks, and bubbles of similar effects shall occur during the applied state. The supplier shall submit proof of test from reputed independent laboratory (Govt. Accredited) of accelerated weathering. UV and environmental exposure as per ASTM G 152 using xenon arc /QUV panel machines at 0.63 nanometer UV A lamps with 4 hour condensation and 4 hour UV exposure for min of 250 hrs. Post cycle specular gloss value, delta E color change, visual discoloration has to be reported. The colour change should not be more than delta E= 3 measured by approved photo spectro densito meter. (The instrument measures color value). 6.4 Adhesive Power: The films shall stick on any metallic and painted surface free from grease and silicone, without producing wrinkle, rolling up, detaching or tearing. The adhesive power shall be between 17 N-25 N as per clause 9.1 6.5 Flammability:

The graphic film should fall under min. Class B when tested as per UIC 564 -2OR Appendix 12. 6.6 Toxicity: The manufacturer of the graphic film must provide the material safety data sheet to prove the toxicity index less than 1 when tested as per NCD- 1409

6.7 Temperature Resistance:

The film shall be resistant to temperatures between -10 degree and + 100 C degree without any visible changes such as detachment cracks, bubble formation and color changes. This property is to be tested as per clause 9.3. 6.8 Dimensional Stability: The shrinkage of the graphic films after application shall not exceed 0.2 %. This is to be tested as per clause 9.4. 6.9 Resistance to Detergents: The graphic films shall be resistant to detergents used by the IR for exterior cleaning of the coaches. The surface of the sealed film shall not soften and the color and the adhesive power shall not change. The same applies to surface softening and to all kind of detachments (waves, bubbles etc). This should be tested as per clause 9.5.

6.10 Wash and Attrition Resistance:

The graphic films shall not suffer any visible color and gloss changes, detachments, cracks, bubbles etc during external coach washing in accordance with IR field practices. Furthermore the films shall not expand. The graphic films along with over laminate shall not show any visible color and gloss changes when tested as per ASTM D 1044 using cleaning solution as per clause 9.5 Signature of the tenderer

- 6 - 6.11 Marking of the Product: 6 . 1 0 . 1 For identifications the accepted finished products shall be clearly marked with capital letters having height of more than 50 mm either by print on by printing, stamping or needle perforation.

6.11.2 The marking should consist of the date of manufacture (Month and Year for example 12/04) of the finished product as well as that of the base material (cast vinyl film). 6.12.3 To have proper traceability, one tile on each coach shall carry identification code of the OEM and applicator and the month and year of application. The codes shall be assigned by OEMs in consultation with RCF or any other railway agency as specified in the tender.

7.0 APPLICATION OF GRAPHICS: 7.1 Applications of graphics have to be done using recommended application tools as mentioned by the manufacturer of the graphic film. The applicator has to show experience/training certificate of doing similar application on any moving vehicle by the manufacturer of the graphic film. 7.2 Application of the graphic film has to be done on the surface without using any soap solution and water. (Dry application to make faster application and not protect the paint of the coach). The surface should be rubbed down by means of grade 220 emery paper and cleaned with a soft cloth before application of fleet graphic film. 7.3 The application tool should be a nylon molded squeeze with low friction sleeve, which will prevent scratches on the graphics, and a nylon rivet brush with wooden handle to apply graphics on the rivets.

8.0 : REMOVAL OF FILMS: 8.1 In case removal of vinyl film/residual adhesive film is required within the warranty period because of manufacturing/application/printing defects, OEM will arrange to get the film replaced at no cost to the railways. 8.2 The time taken for removal of previous graphic & application of new graphic films should not be more than eight hours per coach. 8.3 The removal of the applied film should not be tedious. The removal should be done using a hot air blower but the temperature should not exceed 70 degree C. In case any film or adhesive residue is observed after removal, it should be possible to remove the residue by use of ISO propyl alcohol and lint free cloth or other proprietary solution, by the OEM, without any surface damage. Within the warranty period, the removal has to be done by the OEM. 8.4 The removal should in no way damage the painted surface of the coach. The OEM shall be liable for damages evident after removal of the film. The coach should be returned in the same condition as it was handed over initially. Signature of the tenderer

- 7 - 9.0 : TESTING THE VINYL GRAPHIC FILM: 9.1 Adhesive power: The adhesive power shall be tested as per ASTM D 3330 procedure-A for 180 deg peel strength on a standard test panel of Stainless Steel, conditioned as per ASTM D 4332 at a peel of velocity of 360mm/ minute. 9.2 Controlled Release adhesion: This shall be tested visually for presence of air channels on the adhesive side of the base film after the removal of release liner. 9.3 Temperature Resistance: Two test specimens 25mm x200 mm are stuck on to test plates of stainless steel, polished to a completely plance surface and are subsequently stored at standard reference atmosphere. The specimens are subjected to temperature changes for seven cycles-each comprising 8 hours of -10 deg C and 16 hours of 100 deg C.

9.4 Dimensional Stability: Four 160mm x 160mm test specimens are stuck onto degreased and etched aluminum plates with the dimension of 150x150x8 mm and are stored for 72 hours in standard reference atmosphere. The projecting test specimen is then cut with a sharp knife (razor blade) along the test plate. Afterwards, the test specimens are stored for 48 hours at 70 deg. C and are then cooled down for 2 hours in standard reference atmosphere of 23+/-1 deg. C and 50% relative humidity. Measurement of the shrinkage at two measuring points in longitudinal and transverse directions should be done. 9.5 Resistance against detergents: The test is to be carried out with two test solutions: Duration of test 24 Hrs. „A‟ Solution: „B‟ Solution: 40% phosphoric acid 10% Fatty alcohol polyethylene glycol ether - 10% 15% emulsifying agent Sodium cumene sulphonate (40% solution) - 5% 45% water (distilled) NTA liquid (40% solution) Trilon A, BASF) - 5%

Triehtapolamine - 20% Totally demineralised water - 60% Emulsifying agent: Oleyl-stearlyl alcohol mix (with iodine value 50) with 10 mol ethylene oxide. Mix application concentration for test solution A and B 1:4 respectively.


- 8 - 10.0 PACKING: Cut films are to be dispatched, bundled up and securely packed in cardboard. Other graphics are to be rolled up on a cardboard roll/tube with the film side on the outside and shall be dispatched under safe transit.

11.0: GUARANTEE AND REPLACEMENT: 11.1 The time period of guarantee should be two years for stuck films for manufacturing, printing and application defects.

11.2 The supplier shall replace all the graphics rejected on final acceptance due to their non-compliance with the requirements and those product that show deficiencies during the time period of guarantee by products complying with the requirements within a period of four weeks. 11.3 The OEM shall be responsible for any quality related issues of the printing ink also. 11.4 The OEM of the film shall take responsibility for the manufacturing, printing application and performance of the film and shall submit a performance bank guarantee with each tender, valid for two years from the date of application of graphic film.

SPECIFICATION FOR PAINTING OF COACHES FOR ADVERTISING

ON EXTERIOR OF INDIAN RAILWAY COACHES (AS SPECIFIED VIDE ICF SPEC. NO.ICF/MD/SPECN:/045,REV03; IS 8662/93)

(AS SPECIFIED VIDE RDSO SPECIFICATION NO.M&C/PCN/100/2006) 1.0 In case of coaches painted with Alkyd paints painting for advertisement should be done with Alkyd paints as per ICF specification no. ICF/MD/SPECN:/045,REV 03 conforming to IS 8662/93 . In case of coaches painted with polyurethane painting system, painting of advertisements should be done with polyurethane paints as per RDSO specification no. M&C/PCN/100/2006. further, in case of painting of coaches, a supervision charge at the rate of 1% of the contract value shall be levied on the successful tenderer. The detailed specifications are as under; 2.0 Procedure of Painting of Advertisement on Railway Coaches (Main Line/EMU) 3.0 For coaches painted with Synthetic, Enamel, Exterior finishing to IS; 8662/93 with

modifications as per ICF Specification No. ICF/MD/SPECN:/045,REV 03.

The painting of advertisements on side walls of coaches (Main Line/EMU) should be done as under; i. Slightly rub down the glazed/finish coat with silicon carbide- 150 emery

paper. Clean with water and dry. ii. If the paint film is damaged at some places, apply primer to IS; 2074/92 by

brush and allow it to hard dry. iii. On the primed surface, apply putty to IS; 5083 to make it level with the

coach surface by touching up with knife. Allow it to hard dry. Wet rub down with 220- silicon carbide emery paper. Clean the surface with water and allow it to dry.

Signature of the Tenderer

- 9 - iv. On dry putty, apply a coat of filler to IS; 110 by brush. Allow it to hard dry.

Rub down with 220- silicon carbide emery paper. Clean the surface with a cloth. On clean filler surface, apply a coat of synthetic enamel, exterior, under coating to IS; 8662/93 by brush and allow it to hard dry. Slightly rub down with 220- silicon carbide emery paper. Clean with cloth.

v. Apply one coat of synthetic, enamel, exterior finishing to IS; 8662/93 on all over the side wall of coach. Allow it to hard dry.

vi. On this painted surface or on newly painted coach, paint the advertisement on full side wall with synthetic, enamel, exterior finishing to IS 8662/93 or quick air drying, finishing paint (based on Acrylated Alkyd Resin) as per RDSO specification No. M&C/PCN/114 of 1990 for better adhesion and compatibility to base paint film.

4.0 For coaches painted with Epoxy cum Polyurethane painting system as per RDSO

specification No. M&C/PCN/100/2006. The painting of advertisement on sidewalls of coaches (Main Line/EMU) shall be done as under; i. Slightly rub down finish coat with 150- silicon carbide emery paper. Clean

with water and dry. ii. If the paint film is damaged at some places, apply primer to RDSO spec. No.

M&C/PCN/100/2006, Chapter-II by brush and allow it to hard dry. iii. On primed surface, apply unsaturated polyester putty to RDSO spec. No.

M&C/PCN/100/2006, Chapter-III to make it level with the coach surface by touching up with knife. Allow it to hard dry. Wet rub down220- silicon carbide emery paper. Clean the surface with water and allow it to dry.

iv. On dry putty, apply a coat of polyurethane surfacer to RDSO spec. No. M&C/PCN/100/2006, Chapter-IV by brush. Allow it to hard dry. Slightly rub down with 220- silicon carbide emery paper. Clean with cloth.

v. Apply one coat of polyurethane full gloss enamel to RDSO spec. No. M&C/PCN/100/2006, Chapter-V by spray on all over side wall of coach. Allow it to hard dry.

vi. On this painted surface or on newly painted coach with Epoxy cum Polyurethane painting system, paint the advertisement on full side wall with Polyurethane full gloss enamel to RDSO spec. No. M&C/PCN/100/2006, Chapter-V for better adhesion and compatibility to base paint film.


Packet “A” (TECHNICAL BID) Annexure – IV


SCHEDULE OF RATES

Photo

Date:

To The President of India, (Acting through) The Senior Divisional Commercial Manager, South Western Railway, Bangalore Division Dear Sir,

Sub: Open tender for display of advertisements through fleet graphic films by full wrapping/painting of the exterior of coaches of train.no.s 12027/12028 Shatabdi express. & & &

With reference to the Tender Notice issued by Sr. Divisional Commercial Manager , South Western Railway, Bangalore calling for quotation for Display of advertisements through fleet graphic films by full wrapping/painting of the exterior of coaches of Train. No. 12027/12028 Shatabdi express.

I/We hereby offer to President of India as owner and administrator of the South Western Railway Administration upon and in accordance with the Administration‟s tender conditions. Note: 1) For exterior wrapping/ painting, the area available will be 800 sq ft

app. per coach for two sides (excluding window and stencil area of the coach)

1. I/We have paid the earnest money deposit of Rs………………/- (in words

………. …………………………………………………………………….. /- vide Money Receipt / DD No ……………… dated …………………….

2. I/We agree to hold this offer open for a period of 120 days from the date of

opening of tender and in the event of my/our failing to abide by this offer in any respect whatsoever within the said period. I/we agree that the Earnest Money depos i t of Rs.1,00,000/-, which I/We, have deposited with the Sr. Divisional Finance Manager, South Western Railway, Bangalore Division, Bangalore in connection with this tender shall stand forfeited.


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3. I/we have read carefully and understood the conditions of advertisements

and will strictly follow these conditions. The acceptance of this offer by the Railway Administration either wholly or as to a part only thereof shall constitute a binding contract between you and me/us.

4. Information in connection with the tender application for the contract of

display of advertisements through fleet graphic films by full wrapping/painting of the exterior of coaches of train no. 12027/12028 Shatabdi express .

1. Full Name of the Applicant (In Blocks letters): 2. Place of business and full address: 3. Place of residence of the applicant and address: 4. Profession and nature of the business 5. Experience of business: 6. Whether the applicant is individual or a joint firm or company (no documents need

to be attached): 7. Financial status of the applicant: 8. Whether Income Tax Payee/if so PAN/TIN number (documents need not be

attached with this tender): 9. State, if the applicant is recognized agent/existing contractor of South Western

Railway and if so since when: 10. Details of applicant‟s past experience in advertisement contracts:

(Name of the Tenderer) (Signature of the Tenderer) Address:

Contact No.

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GENERAL TERMS AND CONDITIONS OF THE CONTRACT:

1. Name of Work: Display of advertisement through fleet graphic films by full wrapping/painting of exterior o f coaches of Train no. 12027/12028 Shatabdi express.

2. Nature of Tendering: Open Tenders are invited on behalf of President of India from Advertising Agents /Agencies and other interested parties for “Display of advertisements through wrapping of Fleet Graphic Films/painting on exterior of the coaches of Trains under two packet system of tendering. Packet “A” shall be technical bid and Packet “B” shall be financial bid. Packet “B” (Financial Bid) shall be opened only in case of those tenderers who qualify in Packet “A” (Technical Bid)

Non-transferable tender documents containing detail description and terms and conditions can be obtained from the Office of the Senior Divisional Commercial Manager, DRM Office building, Bangalore- 560023 on production of Cash Receipt of Rs……………….

The Railway Administration shall not be responsible for any delay/difficulties in accessibility of the downloading facility for any reason whatsoever. In case of any discrepancy between the tender documents downloaded from Internet and the master copy available in the office, the latter shall prevail and will be binding on the tenderer(s). No claim on this account will be entertained. Any postal delay shall not be acceptable for consideration of the tender. In case of downloaded tender forms the applicable cost of tender forms should enclosed along with Technical bid.

3. Duration of contract: The period of the contract is for five years, unless

determined under any provisions hereinafter contained in that behalf. 4. The tender documents are non-transferable. The cost of tender form is not

refundable.

5. The Tender document duly signed and stamped on each page and all other documents in support of credential for exterior wrapping/painting of train no. 12027/12028 Shatabdi express of this tender has to be submitted in original and, complete in all respects shall be enclosed in an envelope along with requisite EMD and cost of tender forms for downloaded tender forms. The tenderers shall also enclose in their offer that they accept all the terms and conditions of the Railways and have not offered any counter clauses and their offer is not conditional. This envelope shall then be sealed and the following shall be super scribed on the envelope. “Display of advertisements through wrapping of Fleet Graphic Films/painting on exterior of the coaches of Trains (Technical Bid) along with name and address of tenderer.


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Rate quoted in Schedule of Rates at Annexure – VI for the exterior wrapping/painting of train no. 12429/12430 & 12493/12494 of this Tender has to be submitted in original and duly signed and stamped on each page, complete in all respects shall be enclosed in a separate envelope sealed and super scribed on the envelope “Display of advertisements through wrapping of Fleet Graphic Films/painting on exterior of the coaches of Trains ( Price Bid) along with name and address of tenderer.

Both the envelopes shall be placed in another envelope sealed and super

scribed “Tender for Display of advertisements through wrapping of Fleet Graphic Films/painting on exterior of the coaches of Trains” along with name and address of tenderer. This envelope should be addressed to Sr. Divisional Commercial Manager, South Western Railway, B a n g a l o r e Division, B a n g a l o r e – 560023. The Tender should be either deposited in Tender Box in the Office of Sr. Divisional Commercial Manager, Bangalore – 560023 before closing of the Tender box or be sent by Registered Post with acknowledgement due, to the above mentioned Office. The Tender, which is received after the time of closure, shall not be considered. Railways are not responsible for the postal delay

6. General Terms and Conditions (Chapter I), Special Conditions of Contract

(Chapter-II), and Annexures shall, hereafter, be collectively referred to as the “Tender Papers”. Any clarifications required by the tenderer may be obtained from the office of Sr. Divisional Commercial Manager, South Western Railway, DRM‟s Office building, Bangalore- 560023

7.. Tender will be received in a sealed tender box kept in this office up to 15.00 hrs,

on 11.9.2013. The slit of the Tender box will be sealed at 15.00 hrs on same date. The sealed Tender Box will be opened by nominated officers at 15.30 hrs on the same date. Names of the tenderers will be announced immediately. Tenderers are advised that if they so desire, they can send their authorized representative to witness the opening of tender.

8. The Tenderers or their authorized representatives can be present at the time of opening of tender with proper identification.

9. After opening of all tenders, all sealed covers marked Packet B – Price Bid, without opening will be kept in another envelope and will be sealed by the Tender Opening Committee in the presence of the tenderer or their authorized representatives, who will be present to witness the opening of tender.

10. The sealed covers marked Packet A - Credential Bid will only be opened in the

presence of the tenderer. 11.. No tender will be considered if not accompanied by requisite earnest money

deposit in Packet –A Credential Bid, as per terms and conditions of the tender. This tender form is not transferable.


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12. In case the tender form and document is downloaded from web site the cost of tender form should also be enclosed along with the credential bid. The cost of tender form should be in the form of DD drawn in favour of Sr. Divisional Finance Manager South Western Railway Bangalore.

13. No tender will be considered if not accompanied by requisite cash receipt/ Demand draft equivalent to the amount towards cost of tender forms for each of the tender (in case of downloading of tender form from the web site).

14. Tenders shall be submitted in the prescribed form/format only, failing which it will not be considered. In case the tender form and document is downloaded from website, the terms and condition and original text should not be altered. If it is noticed at a later stage that the original text been altered, the tender/contract will be liable to be rejected. All the pages of the tender document should be signed by the tenderer.

15. Tenders containing erasures or alterations without proper attestations are liable to be rejected.

16. Incomplete Tenders are liable to be rejected. The authority for accepting or otherwise of the Tender rests with the Senior Divisional Commercial Manager, South Western Railway, Bangalore Division.

17. Conditional offers will not be accepted and will be rejected summarily.

18 EARNEST MONEY:

i. The tenderer shall deposit Earnest Money Deposit in favour of the Sr. Divisional

Finance Manager, South Western Railway, Bangalore-560023. Tender submitted without Earnest Money Deposit will be summarily rejected.

ii. The Earnest Money of the unsuccessful tenderer shall be returned to the tenderer but Railway shall not be liable for any loss or depreciation of the Earnest Money Deposit while in their possession nor be liable to pay interest thereon.

iii. The Earnest Money should be furnished either in cash or in any of the following

forms:

a) Pay Order and Demand Draft drawn in favour of the Senior Divisional Finance Manager, South Western Railway, Bangalore- 560023 and endorsed “Account Payee” issued by State Bank of India or any of the Nationalized Banks only.

b) In case the Earnest Money is to be deposited in cash, the payment should be

made at the Divisional Cashier (Pay), DRM‟s office building, Bangalore and original cash receipt obtained should be furnished along with the tender.


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c) Tenderers should note that EMD in the form of Bank Guarantee is not acceptable.

iv. No reference to the previous deposit of Earnest Money & Security Deposit for adjustment against the present tender will be accepted and any request for recovery from any Security Deposit against present tender will not be entertained.

v. The Earnest Money shall remain deposited with the Railways for the period of

120 days from the date of opening of tenders. If the validity of the offer is extended, the Earnest Money Deposit duly extended shall also be furnished, failing which the offer, after the expiry of the aforesaid period, shall not be considered by the Railways.

vi. No interest will be payable by the Railways on the Earnest Money Deposit.

vii. The Earnest Money deposited is liable to be forfeited if the tenderer withdraws or amends, impairs or derogates from the tender in any respect within the period of validity of his offer.

viii. The Earnest Money of the successful tenderer can be adjusted against the

security deposit/license fee, if so desired by the tenderer. ix. If the successful tenderer fails to honour the contract and to deposit the license

fee within 15 days from the date of acceptance of the offer then the Earnest Money shall be liable to be forfeited by the Railways.

x. The Railways will return the Earnest Money of all unsuccessful tenderers within

reasonable time after the finalization of the tender. xi. Any tender not accompanied by Earnest Money in any one of the approved

forms will be summarily rejected. 19 DOCUMENTS TO BE ACCOMPANIED WITH THE OFFER:

The Packet “A” of the Tender should contain following: i. Covering Letter & Tender papers complete in all respects signed on each page

by the tenderer giving full details of address and telephone numbers of the agency.

ii. No commission shall be payable to the tenderer by Railways. Quotations must be mentioned only in the Packet “B” (Financial Bid). In case the bid amount is mentioned in the Packet “A”, the offer shall be summarily rejected.

iii. Earnest money deposit in prescribed form.

iv. . A copy of PAN Card & Income Tax Returns for any two years out of (2010 -11 , 2011 -12 , 2012-13) as a proof of being Income Tax Payee should be submitted.

v. Audited P&L and Balance Sheets for the any two years out of (2010 -

11 , 2011 -12 , 2012 -13 ) should be submitted for verifying financial standing of the company.


- 7 - vi. Details of previous experience f o r any two years out of (2010-11 ,

2011 -12 , 2012 -13) shou ld be subm i t ted , particularly in the field of Advertising with supporting documents.

vii. As a proof of address, a copy of Ration Card/ Electricity Bill/

Passport/PAN Card/Election Card or any other authentic document should be submitted.

viii. Any other information desired to be submitted by the tenderer.

ix. The annual turn over of the participating firms shall be at least 50% of the first year‟s reserve price during any two financial years out of three financial years(2010 -11 , 2011 -12 , 2012 -13 )

20. MINIMUM ELEGIBILITY CRITERIA: 1. The Tenderer should have a turn over at least 50% of the first year‟s reserve

price during any two financial years out of three financial years (2010 -11 , 2011 -12 , 2012 -13) . Certified copies of P & L and balance sheet statement should be produced as a proof, duly certified by a Chartered Accountant. Copy of IT returns for these two years (2010 -11 , 2011-12 , 2012 -13 ) should be enclosed along with the copy of PAN card.

2. The tenderer should have two years of experience out of three years (2010 -11 , 2011 -12 , 2012 -13 ) in the field of advertising. Proof/experience certificate should be enclosed.

3. The tenderer should not be a defaulter with the existing advertisement contract available with Railways or with any organization.(Certificate to this effect as per enclosed proforma at annexure V has to be furnished from reputed organizations).

4. The tenderer(s) is/are required to declare his/their age to the satisfaction of the Railway Administration. No contract will be allotted to minor/minors under any circumstances.

5. Tenders by company/firms shall be in the company/firm‟s name, signed on behalf of the company/firm by the person authorized in this behalf. In case of Company/partnership firm, the names of all the directors/partners with their full postal address should be furnished with the tender. If the company/firm is registered under the Indian Companies Act/Partnership Act, the registration number of the company/firm should also be given. The director/partner who is signing the tender form should hold a Power of Attorney in his favour to act for and on behalf of the company/partnership firm. In case of a Joint Hindu Family, the Manager expressly as such Manager must sign the tender.

The Packet “B” of the Tender should contain following: Rate Quotation has to be submitted in Packet “B” (Financial Bid) of this Tender

Document for 1st year of contract period both in words and figures. Quotations in any other form than mentioned in this document shall not be considered. No offer should be quoted “On Client Basis”.

Both Packet „A‟ and Packet „B‟ sealed separately should be kept inside a cover clearly super scribed as Tender for Exterior wrapping/ painting of Coaches of Trains. This cover should be dropped in the box kept for this purpose.


- 8 - 21 LICENCE FEES:

i. Half yearly License fee should be paid one month in advance for the half year to which relates.

ii. The amount of License fees payable to the administration will be subject to an escalation of 10% per annum over the previous year‟s License fee for every subsequent year.

iii. In the event of failure to deposit the License fee within 15 days from the date of issue of letter of allotment, the Railway Administration shall be at a liberty to terminate the contract and forfeit Earnest Money Deposit.

iv. Delayed payment of License Fee will attract penal action, including penal interest of 18% per annum, on monthly basis, apart from other action to be taken for the lapse.

22. SECURITY DEPOSIT : Security Deposit equivalent to 10% of the total

contract value shall be deposited at the time of award of the contract. This shall be either in cash/demand draft/banker‟s cheque. Railway Administration shall have right to adjust the security deposit in part/in full for any loss sustained by the Railway in dues whatsoever arising out of this contract or any other contract between the parties hereto, or due to any breach of the agreement. Security deposit will be refunded on satisfactory completion of the contract period taking into consideration that all Railway dues are cleared including dues raised by Sr. DME/SBC if any. The licensee will have to submit a „No Claim‟ certificate to the Railway Administration before their Security deposit.

23. FAILURE TO PAY CHARGES: i. In the event of failure of payment of license fee or any other charges

payable to the Railway Administration, the Railway Administration will be at liberty to forfeit Earnest Money/Security deposit/claim on bank guarantee, and discontinue the displays forthwith and confiscate the advertisement and other materials of the licensee without prejudice to any rights of the Railway Administration and to cancel the contract.

ii. If Offers are received for the terminated Tender area either on quotation

basis or first come first serve basis, the Railway Administration will accept the quotation or offer without prejudice to its rights; if the quotation or offer is less than the terminated offer, the difference of amount of license fee for the equivalent period will be recovered from the erstwhile tenderer.

24. COMMISSION: The tenderer should quote the amount without expecting any commission. Since

this is an open tender process, no commission will be payable to any of the tenderers. No offer to be quoted as “On Client Basis”/”For Client”.

25. Coaching Depot Office: The contract should be carried out under supervision of C& W staff of Mechanical department. The party should approach Sr. DME/SBC with proper display authority to take prior permission to start the work. The party should follow instructions of Sr. DME/SBC being issued from time to time to install display of advertisement .The party should go to the place wherever the rake is stabled to carry out the work.


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26. Schedule of trains: The Train services are as per Train time tables declared and issued by the Railway Administration from time to time. The party cannot have any type of claims if Railway makes any changes subsequently in the train services.

27. COMPOSITION OF TRAIN: As per rake link.

28. VALIDITY OF OFFER:

The tenderer shall keep the offer open for a minimum period of 120 days from

the date of opening of tender. Within that period, the tenderer cannot withdraw his offer. This is subject to the period being extended further if required by mutual agreement from time to time. Any contravention of the above condition will make the tenderer liable for forfeiture of his Earnest Money Deposit.

29. COMMENCEMENT OF CONTRACT The contract will commence from the day the party displays the total area/ part

thereof or after 30 days from the date of issue of display authority whichever is earlier.

30. TERMINATION

i. The Railway Administration reserves the right to terminate the contract fully or partially, without assigning any reason/reasons at any time, by giving notice of not less than one month and the contractor shall not be entitled to any damage or compensation by reason of such termination other than the proportionate abatement of license fee for the period of non-display.

ii. In case the Licensee fails to start the work within the given validity period

and is not willing to continue, the paid license fee and security deposit will be forfeited and the contract will be terminated at the party‟s risk and cost.

iii. In case of breach of any of the conditions mentioned herein this contract shall

be liable to be terminated summarily without assigning any reasons and decision of the Divisional Railway Manager/ competent authority in this regard will be final and binding on the Licensee. In that event, the Security deposit of the Licensee and paid license fee shall be forfeited. The tender will be invited fresh at the risk and cost of the Licensee.

iv. Successful tenderer can terminate the agreement without assigning any

reason/reasons at any time by giving notice of not less than 90 days and the contractor shall not be entitled for any damages or compensation. However, the successful tenderer cannot foreclose the contract within three years, If the contract foreclosed within three years, the security deposit will be forfeited.


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31. DISPLAY CONDITIONS: i. Approval and restrictions on displays: a. The contractor shall take prior approval of the text/design of the advertisement.

It has to be ensured by Contractor that the Advertisements displayed are decent and take care of aesthetics and does not give a cheap or vulgar appearance.

b. The Advertisements will be subject to the normal restrictions in respect of

certain category of Advertisements such as smoking, wines and alcoholic drinks, having erotic background scenes, competitive advertisements from any Road Transport Companies/Airlines and from Private Insurance Companies offering policies against Railway Accidents. The advertisements should not propagate any religion or religious belief or have picture of the leaders of the particular sect or religion.

c. Advertisements that are considered objectionable in the eye of Law or otherwise shall not be displayed. Advertisements prohibited under various acts and Laws of Central/State Governments and various Local Government Bodies shall not be displayed. There shall not be any sort of obscenity in the design and matter of advertisement material. The Contractor will be fully liable for any contravention in this regard and will be liable under the Law of the land.

d. The party should also take prior approval of the Sr. CDO/Sr. DME(Chg.) for

the display of Fleet graphic films/painting which are made as per given specifications.

ii. Conditions for display of advertisement for vinyl wrapping/painting.

a. Advertisement shall be displayed in the form of wrapping up of Fleet Graphic films/painting (as per specifications mentioned in Annexure III) on the exterior surface of coaches. Such wrapping up/painting of coaches shall be done without interfering with the display of coach numbers, class indication, zebra stripes, logo, coach indication boards, destination boards, space for pasting reservation charts, and any other Railway matter painted or pasted on the coach. The window, doors, emergency exit etc should be excluded from the area for advertisement.

b. Advertisements should be displayed without spoiling the appearance of the train.

Aesthetic and beautiful advertisements must be displayed. c. The party should wrap the Fleet Graphic Films/paint the coaches for the

Advertisement at his own cost with his staff under the supervision of the C&W staff.

d. The technique adopted in wrapping of the exterior body of the coach with

fleet graphic film/painting should not interfere with the paint texture (gloss etc) while taking off the same.

e. The licensee shall realign, re adjust, or shift the displays whenever called upon

by the competent authority to do so at his own cost without claiming any compensation.


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f. In case of displays need repairing and replacing due to wear and tear, the agency should take up the work at his/her own cost under supervision of C&W staff. It is responsibility of the Licensee to ensure that displays pasted/painted should be of good quality and should not damage the coaches.

g. The licensee shall be solely responsible for any loss or damage to Railway property, Rail users or any other party arising out of any fire hazard caused by the materials used for advertisement.

h. All advertisement activities like pasting fleet graphic films/painting, removing the same are sole responsibility of the licensee.

i. The materials used for advertisement should withstand the process of washing

of coaches with strong detergents/chemicals by manual or mechanical process.

j. Day to day upkeep of the fleet graphic films/painting during the period of contract will be the responsibility of the advertisers, hence the staff of the advertisers is permitted to involve in the washing of the coaches during the primary maintenance at the stabling yards with the coordination of staff of coaching depot.

k. In case the Licensee desires to utilize additional space/other media of advertisement , he shall obtain prior written permission from the Railway Administration, if found feasible, the Railway Administration will permit such displays on payment of Tender rates or higher rates to be decided by the Railway Administration at the time of granting the additional area. However there shall not be any extension in the validity period of contract.

l. Railway Administration reserves the right to develop/create any media in the

tendered area without infringing the earmarked areas under this tender. m. In the event of termination of the contract the licensee shall remove the

advertisement material and equipment etc from the Railway premises within 15 days at his own cost from the date of receipt of intimation of termination notice. If the licensee fails to remove it within the period specified above, the Railway Administration shall be at liberty to dispose off the said material in any manner as deemed fit.

n. Railway Administration will not give guarantee for the integrity of composition of coaches during the running of the train. For any reason, if any of the coaches become sick or involved in the accident or detached for whatever reasons, and Railway Administration replaces with a new coach/s and asks the party to display the advertisement on the coach/s, the party should take up the work immediately without claiming non-display period or compensation. The party should remove advertisement from the original coach.

o. The Licensee should ensure that the torn/damaged fleet graphic films should be attended immediately so that the coaches should not give shabby looks at any point of time. For this purpose, the License should depute his staff for regular checkup. Adequate penalty will be imposed on the contractor for failure to ensure the same.


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p. Railway Administration shall not be held responsible for any damage/defacement or theft of the display film/stickers caused during maintenance or due to any other reason whatsoever.

q. The Railway Administration will have the right to alter the pattern of train

services, i.e. change in timings, change in from and to stations etc. r. If the Railway Administration reduces or removes any coach from the

composition of the train on the administrative grounds, no compensation shall be payable to the Licensee except the refund of proportionate amount of advertisement charges if the fleet graphic films are removed.

s. When any coach is identified for POH then the contractor should remove

the fleet graphic film from the coach and after POH is completed the contractor shall once again wrap the coach with the fleet graphic film before the coach is put back in service at his own cost. The license is not eligible for any kind of compensation or damage during this non-display period on account of POH.

t. At the end of contract the licensee should ensure removal of the displays without damaging the coaches. The contractor will remove fleet graphic films along with traces of all residual adhesive/paint and ensure that the coach is returned in its original condition & texture immediately after expiry of period of the contract(certainly within 15 days).

u. In the event of any failure on the part of the advertiser to remove the fleet graphics films/painting and return the coaches in its original texture, the security deposit will be forfeited and encashed. Further in case of any damage to the coaches & Railway assets, Railway will levy appropriate penalty.

v. The Licensee shall pay and clear any demand of advertisement tax/cess from appropriate civil authority and the Railway Administration is not liable either for payment of tax/cess or penalty for non-payment of such tax/cess.

32. COMPENSATION OR REFUND i. If for any reason the Administration is not able to honor the whole/part of contract

and considers it necessary to cancel the offer, agreement, or running contract, no compensation will be payable for such cancellation except refund of the proportionate amount of license fee due to the contract, without any interest. No appeal against this decision will be entertained.

ii. The Railway Administration shall not be responsible for any loss or damage caused to the contractor due to total or partial discontinuance of display of the advertisement under the agreement for any reasons whatsoever.

iii. If for any reason the Railway Administration is not able to run the services of

the train due to unavoidable circumstances, the Railway Administration will not entertain any claims or compensation nor this failure will be considered as a breach of contract but the Railway Administration will refund/adjust the proportionate license fee to the party as deemed fit and the contract will automatically expire after completion of the contract period as if the no-services period is treated as proper and regular and contract is completed as per terms and conditions of the tender without extension of the contract period.


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33. DAMAGES NOT AMOUNTING TO PENALTY CLAUSE i) If the Licensee displayed advertisement in excess area without prior permission

from the Railway Administration, is liable to be charged for such advertisement/excess space, FIVE times of the rate quoted and accepted by the Railway Administration as damages not amounting to penalty for such displays. In addition, the Railway Administration has right to take away all such advertisement materials at the Licensee‟s cost.

ii) After completion of the period of the contract, the contractor shall ensure removal of the fleet graphics films along with traces of all residual adhesive/painted advertisement matter and ensure that the coach is returned in its original condition and texture immediately after expiry of period of the contract(certainly within 15 days) and shall obtain a certificate from the coaching depots to the effect. If the party fails to comply with this condition, the Railway Administration will take up the work of removal at the cost of contractor and adequate damages not amounting to penalty as decided by the Railway will be recovered from the contractor or deducted from the Security Deposit or claimed on the bank guarantee.

34. ADDRESS FOR CORRESPONDENCE The correspondence and documents relating to the tender should be

sent to Senior Divisional Commercial Manager, South Western Railway, DRM‟s Office building, Bangalore- 560023.

35. DESCRIPTION OF TRAINS FOR DISPLAY:

Description of trains for wrapping/painting/display of fleet graphics films

Sl. No Train. No. No of rakes 1 Display of advertisement through fleet graphic

films by full wrapping/painting of the exterior coaches of train.no.12027/12028 Shatabdi express SBC- MAS-SBC

One (01)

For exterior wrapping/painting it will be 800 sq ft app per coach for two sides (excluding window and stencil area of the coach)

36. INTERPRETATIONS OF TERMINOLOGY USED The following terms wherever occurring in the tender papers and wherever

used throughout the installation/display of advertisements, shall, unless excluded by or repugnant to the context, have the meaning attributed thereto as follows:

Contract means the Contract between Railways represented by Senior Divisional Commercial Manager on one part & other part resulting from the acceptance by the Purchaser of this tender either in whole or in part.


- 14 -

Divisional Railway Manager means the officer in administrative charge of this Division of South Western Railway and shall mean and include the officers to whom the functions are delegated. His postal address shall be intimated to the successful Tenderer in due course.

Senior Divisional Commercial Manager means the officer in-charge of the commercial branch of the Division of the Railway.

Month means any consecutive period of thirty days/ or calendar month.

Railway shall mean the President of the Republic of India or the Administrative Officers of South Western Railway or of the successor Railway authorized to deal with any matters with which these presents are concerned on his behalf.

Area means ear marked area of displays in square feet for installation/display

of advertisements. Tenderer means advertising agents / advertising agencies and other

interested parties, who submit the Tender, which has been invited. Writing includes all matters written, typewritten, painted or printed either in

whole or in part.

Adequate/appropriate penalty: Inspecting official will recommend the penalty amount taking into consideration the gravity of mistake or negligence made by the party and caused the loss/complaint, that amount will be imposed by the competent authority on the party.

37. RATES DURING NEGOTIATION The tenderer/s shall increase his/their quoted rates in case the Railway

Administration negotiate for increase in rates, such a negotiation shall not amount to cancellation or withdrawal of the original offer and the rates originally quoted will be binding on the tenderer/s.

38. COMPLIANCE TO TENDER CONDITIONS, & SPECIFICATIONS i. The intending tenderer is advised to study the tender papers carefully. Any

submission of a quotation by the tenderer shall be deemed to have done after a careful study and examination of these documents with full understanding of the implication thereof. These conditions and specifications shall be deemed to have been accepted unless otherwise, specifically commented upon by the Tenderer in his/her quotations. Failure to adhere to any one or all these instructions may render his offer liable to be ignored without any reference.


- 15 - ii. The intending tenderer is advised to physically check the locations and

condition of the coaches of the train for display of advertisements. The intending tenderer can take help of commercial publicity inspector to check the coaches of the train no.12027/12028 from the date of issue of Notice Inviting Tender. Any submission of a quotation by the tenderer for the train shall be deemed to have been done after a careful checking and understanding of locations and conditions of coaches for displays outside as mentioned above. Any difficulty being faced by the tenderer during the execution of contract shall not be entertained.

39. DEVIATIONS The tenderer shall enclose a separate statement, consolidating at one place,

regarding- deviation of clauses. Deviations for any clause or sub-clause of General Terms and Conditions of the Contract, Special Conditions of Contract, Instructions to Tenderers and Conditions of Tendering, and Preamble are generally not accepted. However, any deviation the tenderer proposes should be with detailed justifications.

40. ERRORS, OMISSIONS & DISCREPANCIES The tenderer(s) shall not take any advantage of any misinterpretation of the

conditions due to typing or any other error and if in doubt shall bring it to the notice of the administration, without delay. No claim for the misinterpretation shall be entertained.

41. ATTESTATION AND ALTERATIONS

i. All offers shall be typed or hand written neatly in English. Each page of the offer must be numbered. A reference to total number of pages comprising the offer must be made at the top right of the first page.

ii. The tenderer should sign each page of the tender document iii. Photocopies of all the certificates etc. submitted by tenderer should be

attested by tenderer as true copies, unless required to be attested by Notary public by other conditions of tender. No scribbling is permissible in the tender documents.

iv. Tender containing erasures and alterations in the tender documents are

liable to be rejected. Any correction made by the tenderer/tenderers in his/their entries must be attested by him/them.


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42. FURNISHING WRONG INFORMATION BY TENDERER If the tenderer/s deliberately give/s wrong information in his/her/their tender,

create/s circumstances for the acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage.

43. AUTHORITY FOR ACCEPTANCE The authority for the acceptance of the tender will rest with the South Western

Railway Administration, Bangalore on behalf of President of India, who shall not be bound to accept the highest or any tender or to assign any reason for non-acceptance or rejection of a tender. The South Western Railway Administration, Bangalore reserves the right to accept any tender in respect of the whole or any portion of the work specified in the tender paper or to sub-divide the work among different Tenderers or to reduce the work or to accept any tender for less than the tendered quantities without assigning any reason whatsoever.

44. AGREEMENT i. The successful tenderer/s shall be required to execute an agreement with the

President of India acting through the Senior Divisional Commercial Manager South Western Railway, Bangalore Division, Bangalore- 560023 or his authorized officer before display of the advertisements according to the tender documents.

ii. Except where specifically stated otherwise in the Special Conditions of

Contract, the display of advertisements is to be carried out in accordance with terms and conditions of the above contract.

iii. Any special conditions stated by the tenderers in covering letter submitted

along with the tender shall be deemed as a part of offer and shall be deemed to be a part of contract only to such extent as have explicitly been accepted by the railway.

45. Additional conditions or stipulations if any must be made by the tenderer/s in a

covering letter with the tender. It should however be noted that the Railway reserves the right not to consider conditional tenders and reject the same without assigning any reason.


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CHAPTER – II SPECIAL CONDITIONS OF CONTRACT

1. The Railway will not accept tender wherein the tenderers or their authorized

agents have given conditional offers. Such offers are liable to be rejected and Earnest Money Deposit forfeited.

2. All tenders shall be submitted in the attached prescribed form failing which they are liable to be rejected.

3. Partnership deeds, Power of Attorney etc: The tenderer shall clearly specify

whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of partnership concern, the tenderer should submit an authorization from partners authorizing him to sign the tender documents on behalf of partnership firm. The tenderer may be asked to submit certified copy of partnership deed. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

4 The tenderer whether sole proprietor, a limited company or a partnership firm if

they want to act through agent or individual partner(s) should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person specifically authorizing him/them to submit the tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign “No Claim Certificate” and refer all or any disputes to arbitration.

5 The tenderer should submit the following documents:

i. Address of the tenderer should be supported by legal documents i.e. Ration card, Electricity Bill, Telephone Bill, Passport or PAN Card.

ii. Past experience, if any (give details). iii. In case of Private Limited Company or Co-operative society, a copy of the

memorandum and articles of association.

iv. In case of Partnership firm, an attested copy of partnership deed and power of attorney.


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6 Indemnity:

i. The Contractor shall keep the Railway Administration indemnified and completely absolved of any risk damage or loss, however caused due to any kind of disturbances to their property or to their personnel under employment or otherwise engaged by them in discharge of their duties connected with the display of advertisement including claims under the Workmen‟s Compensation Act. The Railway Administration accepts no responsibility for any loss damage of advertising materials belonging to the contractor, no matter how so ever caused.

ii. The contractor agrees to indemnify the Railway Administration against

any loss or damage to the property of the Railway Administration and/or against any claims under any Act in force including workmen‟s Compensation Act made for the employee of the Railway Administration or any Third party for death, disablement or injury to persons whatsoever, arising out of or in any way of compensation, costs, charges or expenses in this connection shall be considered reasonable and shall be reimbursed by the contractor to the Railway Administration immediately on demand.

iii. To indemnify Railway against contravention of laws by contractor. The contractor undertakes to indemnify the Railway against fine, penalty, costs etc. imposed on the Railway by any authority due to contravention of any law statute etc. of the State or Central Government or local bodies by the Contractor in the course of the contract by exhibiting any advertisements, which is contrary to such laws.

iv. The Contractor shall comply with all relevant statute including Contract Labour (Abolition and Regulation) Act and Rules, Payment of Minimum Wages Act and other Labour Laws and keep the Railway Administration indemnified against any claims arising out of said acts.

v. The contractor shall have to employ his own personnel for installation and

maintenance at his own cost and the behaviour of such personnel should in no way be detrimental to the interests of the Railway Administration.

vi. The contractor should ensure that the persons working on Railway premises do not cause inconveniences to Railway Passengers/do not obstruct Railway operations and safety.

vii. No Railway facilities such as pass, concessional ticket, and consideration of employment in Railways wi l l be ava i lab le to Cont rac to r ‟s emp loyees . The Co n t rac to r sha l l be fu l l y responsible for the welfare of his employees.

viii. The licensee shall be responsible for all consequences arising on account of

violation of Laws, Rules in connection with the contract. ix. The Railway should also be indemnified from the Consumer Protection Act

against all payments by way of compensation to anyone under the provisions of this Act.


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7. In case of breach of any conditions mentioned herein, this agreement shall be

liable to be terminated summarily without assigning any reasons at the discretion of the Sr. Divisional Commercial Manager or any Officer for the time being entrusted with the functions, duties and power of the said Sr. Divisional Commercial Manager.

8. Dispute/Arbitration: i. In the event of any question, dispute or difference arising under these

conditions or in connection with this contract (except as to any matters the decision or which is specially provided for by these conditions) the same shall be referred to the sole arbitration of the Gazetted Railway Officer, South Western Railway to be appointed by General Manager, South Western Railway. The Gazetted Railway Officer to be appointed as Arbitrator, however, will not be one of those who had an opportunity to deal with the matters to which the contract relates or who in the course of his duties as Railway servant has expressed views on all of the matters under dispute or difference. The award of the Arbitration shall be final and binding on the parties to this contract.

ii. In the event of the Arbitrator dying, neglecting or refusing to act or resigning or

being unable to act for any reason or his award being set aside by the Court for any reason, it shall be lawful for the authority appointing the Arbitrator to appoint another Arbitrator in place of the outgoing Arbitrator in the manner aforesaid.

iii. It is further a term of this contract that no person appointed by the

authority as aforesaid should act as Arbitrator.

iv. The cost of the arbitration shall be borne by the respective parties. The cost of arbitrator shall inter alia include fee of the arbitrator, as per the rates fixed by the Railway Administration from time to time.

v. Where the award is for payment of money, no interest shall be payable on

whole or any part of the money for any period till the date on which the award is made.

vi. Subject as aforesaid, the Arbitration & Conciliation Act 1996, and the rules

there under and any statutory modifications thereof shall apply to the arbitration proceedings under this clause.

vii. The venue of arbitration shall be the place from which the acceptance

letter is issued/the Contract Agreement is signed or such other place as the Arbitrator at his discretion may determine.

viii. In this section the authority, to appoint the Arbitration includes, if there be no such authority, the officer who is for the time being discharging the functions of that authority, whether in addition to other functions or otherwise.


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9. The South Western Railway Administration reserves the right to accept

or reject the Quotations for advertisement, in this case from any tenderer. The authority for acceptance or otherwise of the tender will rest with Railway Administration which does not bind itself to accept any tender nor assign any reason for rejecting the tender. It shall not be obligatory on the said authority to accept the lowest tender or any other tender and no tenderer(s) shall demand any explanation for the cause of rejection of his/her/their tender nor will the Railway Administration undertake to assign any reasons for declining to consider or reject any particular tender or tenders.

10. The South Western Railway Administration reserves the rights to delete,

modify or change any or all of the conditions mentioned herein and the modifications there of undertaken shall be communicated to the successful bidder/s which shall be binding upon the party, irrespective of whatever conditions are mentioned in this tender document.

11.. All the terms and conditions mentioned in this document must be read

carefully and a copy of this must be signed on each page by the tenderer/contractor and submitted along with the tender form, failing which their offer may be rejected without any communication.

12. This contract is entered into on the express understanding that if for any reasons/causes, the Railway administration is unable to provide the space to exhibit either in full or in part for the full terms of the contract, the Railway administration will allow from the display charges a proportionate refund of the un-expired period of the contract and no other claim on account of such non exhibition shall be made or be maintained by the licensee against the Railway administration.

13. The party will not have and cannot have claim any right/privilege/association with the train/Indian Railway either directly or indirectly whatsoever after the completion the agreement unless bound by any other agreement.

14. During the agreement period also the party will not have any right over the

ownership of the train or any other assets of Indian Railways except for display of advertisement through fleet graphic films/painting on outside coaches of the train and guided by other conditions of the contract.

15. The contract agency/agent shall be liable to be fined for misconduct at

the sole Discretion of the Railway administration. 16. The Railway Administration reserves the rights to develop, create any

media, which will be offered to Advertisers on first come first serve basis. 17. The licensee shall pay directly all cess/taxes/assessments and any other

charges/othertaxes/feeswhatever payable or hereafter becomes payable to the Government (Central or State), Municipality or to any other local authority, in respect of installation/display of advertisements and shall abide by the rule/law of land in force. Railway will not be responsible for these taxes.

18. The Licensee shall not assign, transfer, mortgage, and sublet the privilege

conferred under this agreement. Signature of the tenderer

- 21 - 19. The administration shall not be liable for any loss or damage however caused

to the property belonging to the licensee stocked on the space hereby licensed.

20 . It will be the obligation on the part of the licensee to keep adequate fire fighting arrangements such as standard fire extinguishers fire buckets filled with water or fire sand, etc. at the site at his expense.

21. The Agency/Agent shall comply with all the provisions of Labour laws and

rules made their under and will also comply with the provisions of the Indian Railway Act and the rules made under and any other laws and rules of Central Government, State Government, Local Authorities applicable to this work.

22. The successful tenderer has to pay necessary Service Tax where ever levied or become leviable or as and when advised by the SERVICE TAX department. Payment of Service tax is mandatory and a copy of the receipt for having paid the service tax should be produced and submitted to this office for record. Service Tax, if any paid or to be paid by the successful tenderer are not deductible from any amount paid to the Railway Administration towards license fees, security deposit or any other charges paid to the Railway administration in connection with this tender. Railway Administration will be at liberty to demand and collect Service tax payable from the successful tenderer and remit the same to the concerned department, if in case any notice is received from such authority in the event of non payment of Service Tax. If the amount towards Service Tax is not paid to the Railway Administration within the stipulated time, then the Railway Administration will be at liberty to encash the same through the Security deposit/performance guarantee of the successful tenderer. If such a situation arises, the Security deposit and performance guarantee has to be recouped to the Railway Administration within the notified time. Failure to do so will lead to termination of the contract.


ANNEXURE V

This is to certify that M/s ___________________________

_________________________________ have been the advertiser with

___________________________________________ company for _________

years. The company performance is quite satisfactory. There was no complaint

and the company was not taken up for any default. The company is very

prompt in payments as well as following rules and regulations of the organization,

The company is also safety conscious and adhere to all safety precautions while

undertaking the job allotted to the company. There is no litigation against him,

which involves the organization. It is further certified that the company does not

have

a) Any dues

b) All the works entrusted to him have been as per schedule.

c) His performance so far as the present works is concerned is satisfactory.

PACKET “B” (FINANCIAL BID) Annexure- VI South Western Railway Bangalore Division

Full Name (In Block Letters) Permanent Place of Residence Address ………………………………. ………………………………..

To: The President of India, Acting through: Divisional Railway Manager (Commercial) South Western Railway, Bangalore -560023

Sir, Sub: Tender for Display of advertisements through fleet graphic films

by full wrapping/painting of the exterior of coaches of train no. 12027/12028 Shatabdi express.

* * *

1. I/We have read and understood the General Conditions of Contract and the Terms and Conditions. In the event of my/our Tender being accepted, I/We accept them.

2. I/We express interest in Display of advertisements through fleet graphic films by full wrapping/painting of the exterior of coaches of train. no. 12027/12028 Shatabdi express for a period of five years.

3. Subject to the conditions given in the General and Special Conditions of Tender, I/We Tender to the President, Union of India owning South Western Railway and in the premises represented by you for Tender for Display of advertisements through fleet graphic films by full wrapping/painting of the exterior of coaches of train no. 12027/12028 for a period of five years, on payment to the Railway administration the license fee as specified hereunder:

Sl.No Train. No.

No of rakes

Annual License fee offered

1 Display of advertisement through fleet graphic films by full wrapping/painting of the exterior of coaches of train. no. 12027/12028 Shatabdi express

One

(01)

Rs………………… Rupees in wards……………… ……………………

For exterior wrapping/painting it will be 800 sq ft app per coach for two sides (excluding window and stencil area of the coach)


PHOTO

- 2 - 4 I/We under stand / agree that the license fee payable by me for the Second,

Third, Fourth and Fifth year will be increased by 10% respectively over that of the previous year.

Based on the above, the annual license fee for the second, third, fourth and fifth year will be as given : Ist Year Rs.____________________ 2nd Year Rs. ___________________(1st year license fee +10% more) 3rd Year Rs. ____________________(2nd year license fee +10% more) 4th Year Rs. ____________________(3rd year license fee +10% more) 5th Year Rs. ____________________(4th year license fee +10% more) Total of all the five years.

Rs.________________________________________________

5. Tenderers are requested to quote Maximum Annual License Fee payable to Railways in advance. The amount of License Fee should be legibly written in ink, in figures and in words. This should not include rent, electricity charges, any sort of taxes etc. payable to any local body other than railways or any other charges.

6. The tenderer who quotes the maximum annual license fees per annum, will only be considered for awarding the contract. The decision of the Divisional Railway Manager (Commercial) in this matter will be final and binding on the tenderers.

7. Subject to the conditions given in the General conditions and other conditions of Tender I/we tender to The President, Union of India owing South Western Railway and in the premises represented by you for the contract for Display of advertisements through fleet graphic films by full wrapping/painting of the exterior of coaches of train no. 12027/12028 Shatabdi express for a period of five years for which no service charges or any charges will be paid by the Railway Administration.

8. I/we agree to deposit a sum of Rs.1,00,000/-(Rupees One lakhs only) towards Earnest Money Deposit.

9. I/We agree that I/We will not withdraw the offer before the Railway Administration accepts or rejects the same or before ONE HUNDRED AND TWENTY DAYS from the date of opening of tender whichever is earlier and in the event of my/our withdrawing the same, the entire amount of Rs.1,00,000/-(Rupees One lakhs only) paid by me towards Earnest Money Deposit shall be liable to be forfeited by the Railway Administration.

10. I understand that the license fee (as quoted by me and accepted by the Railway Administration) for each year will be paid by me on half yearly basis. If my/our tender is accepted, I/we undertake to pay the license fee for the first half year, Security Deposit & any other amount payable, in advance, within 15 days of receipt of letter of Award (LOA). The License fee for each subsequent half year shall be paid one month in advance of the commencement of the half year to which it is related. I/we also agree to execute the agreement before the commencement of the contract.

. Signature of the tenderer

- 3 -

11.In the event of failure on my/our part to comply with all or any of these requirements within the time mentioned above the Earnest Money Deposit of Rs.1,00,000/- (Rupees One lakhs only) shall be forfeited and appropriated by the Railway Administration not as a penalty but as ascertained Liquidated damages without prejudice to any right of the Railway Administration to claim damage from me/us for breach of contract.

12. In the event of failure on my/our part to comply with all or any of the terms and

conditions during the currency of the contract, the Security Deposit, shall be forfeited and appropriated by the Railway Administration not as a penalty but as ascertained liquidated damages without prejudice to any other right of the Railway Administration to claim damages from me/us for breach of contract.

13. I / We here by declare that I/We am/are an Income Tax Assesse. And enclose

the Income Tax filed returns in the form approved. I also enclosed copy of PAN card.

14. In the event it is disclosed that my/our account is found to be false, I/We agree that my/our Tender is liable to be summarily rejected and EMD will be forfeited by the Administration who shall be sole Judge and whose decision shall be final.

15. Payment of Stamp duty on agreement, if any, to be executed pursuance of this

tender will be borne by us.

16. I we agree to abide by the decision of the Railway Administration in case the offer is rejected without assigning any reason and hereby undertake to accept it as final and binding.

Thanking you Yours faithfully,

Place :

Date : (Signature of the Tenderer/s)

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