General Manager (Marketing & Bharat Sanchar Nigam Ltd.
Sales-CM) (A Govt. Of India Enterprise)
Office of the CGM, BSNL, MH Circle
6th floor, B wing, Administrative
Bldg., BSNL Complex, Juhu tara Road,
Santacruz (W), Mumbai 400 054.
Price: Rs. 563/-
(Non-refundable Including Tax)
Bharat Sanchar Nigam Ltd.
(A Govt. of India Enterprise)
MAHARASHTRA CIRCLE, MUMBAI.
No:CGMT/MH/MKTG/Empanelment of Ad Agencies/09-10/4 Dated at Mumbai 31/12/2009
Bid Document For
Empanelment of Advertising Agencies
Issued by: Signature:
N.B.:- Please check that all the 26 pages are intact in the document.
1 Seal of the company& Signature of Bidder /
Sl. No. Description Page No.
1. NIT 3
2. Checklist 4
3. Introduction 5-7
4. Scope of work (Annexure I) 8
5. Evaluation Criteria (Annexure II) 9
6 Agreement (Annexure III) 10-12
7. Format for PBG (Annexure IV) 13-14
8. General Instructions to Bidders (Annexure V) 15-21
9. Format for declaration by bidder (Annexure VI) 22
10. Tender Form (Annexure VII) 23
11. Form I 24-25
12. Form II 26
2 Seal of the company& Signature of Bidder /
Bharat Sanchar Nigam Limited
(A Govt. of India Enterprises)
Maharashtra Telecom Circle, Mumbai.
Expression of Interest
BSNL, Maharashtra Circle, Mumbai invites sealed bids in prescribed Profarma from reputed
advertising agencies having minimum turnover of Rs. 5 Crore and experience of minimum 2
years. Details are as follows.
1. Name of work : Empanelment of Advertising Agencies.
2. Earnest Money Deposit : Rs. 5 lakh
3. Cost of Tender Document : Rs. 563 (Including Tax)
4. Sale of forms : 31/12/09 to 20/01/2010. (1000 Hrs to
1600 Hrs on all working days)
5. Last date & Time of Submission of Bid : 21/01/2010 till 1300 hrs..
6. Date & Time of opening of Bids : 21/01/2010 at 1400 hrs
The tender form can be collected from AGM-I (Mktg & Sales-CM), % CGM, BSNL,6th floor, B
wing, Administrative Bldg., BSNL Complex, Juhu Tara Road, Santacruz (W), Mumbai 400 054
(Contact No. 2646 7626/29) after producing the receipt of payment of Rs. 563/- (Cash or DD)
to AO (Cash), % CGM, BSNL,6th floor, D wing, Administrative Bldg., BSNL Complex, Juhu Tara
Road, Santacruz (W), Mumbai 400 054 against the cost of the Tender Document.
The document can also be downloaded from the website; http://maharashtra.bsnl.co.in and
in such case the cost of the document can be paid in the form of a DD along with the bid
Asst. General -I (Marketing & Sales-CM),
% CGM, MH Telecom Circle,
Mumbai 400 054.
3 Seal of the company& Signature of Bidder /
SRL DOCUMENT ATTACHED PAGE NO.
1 Original bid document duly signed on each page
by the owner / authorised signatory along with
the seal of the company
2 Particulars for empanelment of Advertising
Agency-enclosed as Form-I.
3 Qualifying requirement for empanelment of
Advertising agency-enclosed as Form-II
4 EMD in the form of Demand Draft for Rs.5 lakh
5 Declaration in Annexure-VI
6 Tender Form in Annexure-VII
7 INS accrediation certificate addressed to BSNL
or self attested copy of document regarding
their current accrediation status issued by INS.
8 Proof of current status of accrediation or
registration with both Doordarshan and All India
9 Copy of the audited accounts for the year 2007-
08 & 2008-09 duly signed with seal of Chartered
10 Proof of handling of at least 3 Govt / PSU / MNC
11 Details of full fledged office at Mumbai and at
least 2 other offices in any districts of
Maharashtra and Goa.
12 Service Tax Registration along with a proof and
copy of latest Service Tax filing
13 Copy of Partnership Deed/certificate of
14 DD for Rs.563 if the document is downloaded
15 Corporate Brochure
4 Seal of the company& Signature of Bidder /
BSNL was set up in October, 2000 by the Government of India to operate telecom services and
upgrade their quality, expand the telecom network, introduce new services and raise revenue for
telecom development needs of India. In the past five years the company has taken rapid strides to
emerge as India‟s largest and one of World‟s major telecom operating companies. The company
has also been in the forefront of technology induction by converting 100% of access lines into
Basic & other related service
BSNL today provides a wide array of nation wide telecom services. Apart from basic service, it
provides I-Net, Intelligent Network Services, Internet, ISDN, Leased Lines, Voice Mail Services,
CDMA-based WLL services, Cellular mobile services, Broadband services and long distance
BSNL‟s cellular service had been launched under the brand name CellOne. The pre-paid service
is under the brand name Excel. However, now under uniform umbrella branding, the various
services have been branded as BSNL Mobile, BSNL Landline, BSNL Broadband, BSNL WLL
and so on. Most of the value added services like SMS, Voice mail, MMS, UMS, GPRS & other
content services are available.
To facilitate marketing of its services, BSNL has branded its services. BSNL has also put into
gear the network of marketing channels. Apart from its own Customer Service Centers,
franchisee network has been established backed by 24 hrs customer care. Scheme of marketing
agents for marketing of ISDN, Internet, India telephone Card and few other value added services
is also in place. Basic and other services are being marketed primarily through its own outlets. In
some areas phone on phone facility has also been introduced. Considering the competition, there
is a need for establishing various brands. BSNL intends to penetrate its cellular service among
rural areas also. The pricing policy is focused on affordability aiming at Volumes.
5 Seal of the company& Signature of Bidder /
There is a need to understand the segmentation and buyer preferences and have a communication
strategy for establishing various brands as national cellular brands. All forms of media vehicles-
print, electronic, outdoor, internet, exhibitions, events, public relation etc. need to be explored to
have an integrated communications setup.
The communication strategy has to be adaptable to sudden changes in government policies,
competitor moves, take care of inherent PSU setup, be synergetic with corporate theme and
campaigns without loosing much of its efficiency & effectiveness.
Procedure for Empanelment
1. First Screening Committee will undertake an initial screening of all the applications.
2. The First Screening Committee, after evaluation of all the applications on the Basis of qualifying
criteria as laid down in para entitled “Qualifying Criteria” below shall recommend the name of
the agencies that could be called for presentation before High level Committee.
3. After approval, the short listed agencies would be called for presentation on a specified date, time
and venue before the High-level Committee.
4. A panel of Advertising Agencies will be selected thereon based on final ranking and will be
issued a letter of intent (LOI)
Duration of Empanelment
The Empanelment of selected agencies shall be for a period of two years, which may be extended twice
for a period of six months each depending on satisfactory performance of the empanelled agencies to the
satisfaction of BSNL.
1. First Screening Committee shall evaluate the capabilities of the agencies based on their profile
and also keeping in view the following criteria :
(i) Continuous & regular INS accrediation for the last two years (A certificate to this
effect from INS addressed to Bharat Sanchar Nigam Ltd. is to be obtained and
submitted to BSNL by the applicant) or the applicants may submit self attested copy
of the document regarding their accrediation status issued by INS. The accrediation
status of the short listed agencies will be verified from INS directly by BSNL. If the
INS does not confirm the accrediation status, the agency will not be considered for
(ii) Either Accreditation or Registration with Doordarshan and AIR (Proof required for
current status along with the bid)
(iii) Regular billing of at least Rs.5 crores each for the year 2007-08 & 2008-09, along
with the bid (Copy of the audited account duly signed with seal of Chartered
Accountant is to be submitted).
(iv) Handling of at least 3 Govt. / PSU / MNC accounts. (Preferable)
(v) Full-fledged office at Mumbai and at least two other offices in any districts of
Maharashtra and Goa. (Attach the details along with bid)
6 Seal of the company& Signature of Bidder /
(vi) Service tax registration. (Proof to be submitted along with latest copy of Service Tax
Scope of Work
The scope of work for the empanelled agencies is defined in Annexure-I. Any other work related to
corporate publicity, printing etc. will also be forming part of the scope as is decided time to time.
Submission of Document
The bidder shall submit following documents along with the bids:-
(i) Particulars for empanelment of Advertising Agency-enclosed as Form-I.
(ii) Qualifying requirement for empanelment of Advertising agency-enclosed as Form-II.
(iii) A Corporate brochure of the agency (Preferable)
(iv) EMD in the form of Demand Draft for Rs.5 lakh
(v) Original bid document duly signed on each page by the owner / authorised signatory.
(vi) Declaration in Annexure-VI on a non-judicial stamp paper of Rs.100 and duly notarized.
(vii) Tender Form in Annexure-VII
All the forms should be complete with the required certificate/documents mentioned therein.
Evaluation of Bids
The process of empanelment will be done in two steps. In first step all the bids will be scrutinized first for
their eligibility based on the minimum qualifying criteria. The bids not meeting any of the qualifying
requirements will be rejected.
All the eligible bids will then be evaluated based on the corporate strength, media strength and PR
services offered as per the points allocated in Annexure-II (Evaluation Criteria). The bidders will be
ranked based on the marks scored out of maximum of 75 marks. In second step, all qualified bidders will
be called for further evaluation based on presentation organized at BSNL on the defined theme given to
all of them. The marks allocated to presentation are 25. The presentation topic will be decided by High
On the basis of combined marks out of 100 a final ranking will be decided. A decision will be taken for
empanelment of maximum 6 top ranking agencies depending on overall evaluation & suitability of such
agencies. Selected agency shall have to furnish a performance bank guarantee for Rs.10 lakhs valid for
800 days. (PBG Performa placed at Annexure-IV)
Method of Job Allocation
Refer agreement at Annexure-III.
7 Seal of the company& Signature of Bidder /
SCOPE OF WORK FOR EMPANELLED AGENCIES
1. Designing, conceptualization and media management including release of
Advertisement in press/TV/radio/outdoor etc., for
BSNL Service campaigns.
2. Printing and Production of promotion material:
3. Design & release of Advertisements in print media for
Recruitment / Empanelment.
4. Making of TV spots / Visuals / Radio Jingles etc.
5. Organizing Exhibitions.
6. Arranging publication of articles on telecom / arranging interviews/ facilitate press
Conferences in leading news dailies / magazines / electronic media.
7. Market Research
1. Selected Agency shall be entitled to:
a) 15% commission for Release in print/electronic media where complete job of
designing, material making, monitoring, scheduling related to Ad is handled.
b) 2.5% where release is only planned, scheduled, monitored and executed and/or
creative belongs to other Agency (including that sent by BSNL corporate office)
c) Creative agency (Print & electronic), if different than the releasing agency, will
get 12.5% till one year of its use or the expiry of term of empanelment which ever is
d) For activities like production of TVC/ Radio Jingle/ Posters/ Stickers/Leaflets/ any
other activities etc. where no fixed rates are available, the rates will be decided either
on case-to-case basis or fixed by BSNL circle office.
8 Seal of the company& Signature of Bidder /
Sr. Parameter Max.
1 For meeting turnover criteria- 10 marks, 30
2 marks for every extra 1 Crore turnover,
2 For 2 years experience- 5 marks, 15
2 marks for each one year of additional experience
3 Bonus experience points for relevant experience (to be evaluated by 10
committee on the basis of the client services, campaigns handled,
awards, exhibitions organized, best advertisement (creative) &
performance of existing agencies empanelled with BSNL)
4 Existing office infrastructure to be evaluated by committee based on visit 20
to office of applicant. In case no agency has office, the offer will be made
to agencies to establish office within 15 days of issue of LOI.
5 Presentation- (Parameters to be judged-Creative, understanding of BSNL 25
Operations, Strategy, PR
9 Seal of the company& Signature of Bidder /
(To be submitted at the time of empanelment ) ANNEXURE-III
On stamp paper of Rs.100/-
THIS AGREEMENT made on this ______day of ________, 2010, at Mumbai between Bharat
Sanchar Nigam Limited, Maharashtra Circle having its head quarter at Administrative Bld., BSNL
Complex, Juhu tara Road, Santacruz (W), Mumbai 400 054. (Hereinafter referred to as “BSNL”) which
expression shall include its successors and assigns on] the one part and M/s
__________________________________________ (hereinafter referred to as “Agency”) which
expression shall include its successors and assigns on the other part.
WHEREAS BSNL intends to empanel Agencies for its Marketing and Publicity activities such as
Conceptualization, design and release of advertisements in any print, electronic, outdoor media, release
and production of TV/Radio commercials, PR, road shows/events, Point of purchase material/Promo
literature and any other requirement related to marketing and advertising..
AND WHEREAS the said Agency who is having all the wherewithal is hereby empanelled to
undertake all such jobs as and when assigned by BSNL on the terms and conditions as set out in this
WHEREAS both the parties to the Agreement agree to the following terms and conditions:
1. The Agency shall nominate the team, their name(s), address(es), telephone nos. (residence
included) for better co-ordination.
2. The agency shall make available the complete contact address of its Directors and local
heads to BSNL.
3. BSNL being a service organization, many of the requirements could be of emergency nature.
The agencies have to respond to such demands despite holidays/beyond office hours.
4. Although, it would be endeavor of BSNL to distribute jobs to the empanelled agencies yet
the agency that makes the best presentation will be awarded the job. Hence, BSNL
reserves the right to reject or accept any offer/job/creative.
5. Mere empanelment does not confer automatic rights to any agency to secure/procure jobs.
6. BSNL will not pay for the presentation. No charges will be paid for designing, artwork,
materials, photography, language translation and any expenditure associated with developing
for release of an advertisement in any print media. For other releases where ever required,
such charges will be settled before placing P.O & specified clearly in the P.O
7. Immediately after publication of the advt., the Tear sheets/photographs/telecast
certificate/agency certificate as applicable thereof should reach this office confirming
the execution of work order issued by BSNL.
10 Seal of the company& Signature of Bidder /
8. While submitting its media bills for payment to BSNL for jobs done, the agencies must
ensure that they enclose the following documents for speedy clearance.
a. Pre receipted Agency Bill.
b. Publication/Media original bills.
c. Two sets of tear sheets /log sheets/telecast certificate/photographs of advertising as
d. Copy of Work order.
e. In case of print/electronic media release, position analysis-saving statement / TRPGRP
analysis as applicable
9. BSNL has the right to use the advertisements/visuals cleared for release for its own future
purpose without any financial obligations towards the agency. BSNL may ask the agency to
deposit one set of positives/Soft copy of Ad of such releases at no extra cost.
10. The agency shall be responsible for obtaining rights for the models/visuals used in BSNL
Ads. The agency with this agreement indemnifies BSNL against any such claim what so ever
arising out of such use during the specified period. The period may be clearly stated by the
agency in view of clause '9 '
11. BSNL may ask the Agencies to provide media buying offers and the benefits accruing there
from shall be passed on to BSNL.
12. The billings should clearly state the applicable government taxes.
13. BSNL will strive to clear payments of bills submitted by agencies within 30 days of
submission of the bills with all enclosures.
14. BSNL reserves the right to negotiate directly with the media for release of advertisement if
the situation so demands.
15. No agency on the panel shall handle competing clients (Public Sector/Private Sector) except
MTNL who are in the same business as BSNL; to avoid clash of interests and maintenance
16. Commencement & Duration:
a) This agreement shall commence from the _____ Day of _______, 2010 for a period of
two years upto ____________, 2012.
b) Contract can be extended twice for a period of six months each on the same terms and
condition and on mutual agreement.
17. Modifications in terms: Any changes in the terms and conditions contained herein shall have
effect only prospectively, and shall be valid only if recorded in writing and signed by the
authorized officers of the BSNL and the agency.
11 Seal of the company& Signature of Bidder /
a) Either party may terminate this agreement by giving three months notice in writing to
the other. The obligations of the parties shall continue during the notice period.
b) However, if the services of the agency are not found satisfactory, BSNL shall have the
right to cancel the contract at any time without assigning any reason and without any
financial compensation to the Agency.
That in case of any dispute or differences, breach & violation relating to the terms of the
Agreement, the said matter or dispute, difference shall be referred to sole arbitration of Chief
General Manager, (CGM) Maharashtra Telecom Circle, BSNL or any other person appointed
by him. That the award of the arbitrator shall be final and binding on both the parties. In the
event of such Arbitrator to whom the matter is originally referred to is being transferred or
vacates his office on resignation or otherwise or refuses to do work or neglecting his work or
being unable to act as Arbitrator for any reasons whatsoever, the CGM, Maharashtra
Telecom Circe, BSNL shall appoint another person to act as Arbitrator in the place of out
going Arbitrator and the person so appointed shall be entitled to proceed further with
the reference from the stage at which it was left by his predecessor. The Agency will have
No objection in any such appointment, that arbitrator so appointed is employee of BSNL.
The said Arbitrator shall act under the Provisions of the Arbitration and conciliation Act,
1996 or any statutory modification or reenactment there of or any rules made there of.
IN WITNESSETH whereof the parties have put their hand on this Agreement on the day and
year first above written.
BSNL AGENCY through its
12 Seal of the company& Signature of Bidder /
On stamp paper of Rs.100/- (To be submitted at the time of empanelment)
PERFORMANCE SECURITY GUARANTEE BOND
In consideration of CGM, BSNLMaharashtra Circle, Mumbai(hereinafter called „BSNL‟) having
agreed to exempt _______________________ (hereinafter called „the said contractor(s)‟) from
the demand under the terms and conditions of an agreement/Advance Purchase Order No.
_________ Dated __________ made between ___________________ and
_____________________ for the supply of __________________ (hereinafter called “the said
agreement”) of security deposit for the due fulfillment by the said contractor (s) of the terms and
conditions contained in the said Agreement, on production of the bank guarantee for
___________ _____________________ we, (name of the Bank)
_______________________________________ (hereinafter refer to as “the bank”) at the
request of BSNL as amount not exceeding ______________________ against any loss or
damage caused to or suffered or would be caused to or suffered by BSNL by reason of any
breach by the said Contractor(s) of any of the terms or conditions contained in the said
2. . We (name of the bank) ________________________ do hereby undertake to pay the
amounts due and payable under this guarantee without any demure, merely on a demand from
the BSNL by reason of breach by the said contractor(s)‟ of any of the terms or conditions
contained in the aid Agreement or by reason of the contractor(s)‟ failure to perform the said
Agreement. Any such demand made on the bank shall be conclusive as regards the amount due
and payable by the Bank under this guarantee where the decision of BSNL in these counts shall
be final and binding on the bank. However, our liability under this guarantee shall be restricted to
an amount not exceeding ________________.
3. We under take to pay to the BSNL any money so demanded notwithstanding any dispute or
disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any
court or tribunal relating thereto our liability under this present being absolute and unequivocal.
The payment so made by us under this bond shall be valid discharge of our liability for payment
there under and the contractor(s)/supplier(s) shall have no claim against us for making such
4. We (name of the bank) __________________________ further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be taken for the
performance of the said agreement and that it shall continue to be enforceable till all the dues of
the BSNL under or by virtue of the said Agreement have been fully paid and its claims satisfied
or discharges or till ________________________ (office/Department) BSNL certifies that the
terms and conditions of the said Agreement have been fully or properly carried out by the said
contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this
13 Seal of the company& Signature of Bidder /
guarantee is made on us in writing on or before the expiry of _____________ (as specified in
P.O.) from the date hereof, we shall be discharged from all liabilities under this guarantee
5. We (name of the bank) ___________________ further agree with the BSNL that the BSNL
shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend
time of performance by the said contractor(s) from time to time or to postpone for any time or
from time to time any of the powers exercisable by the BSNL against the said Contractor(s) and
to forbear or enforce any of the terms and conditions relating to the said agreement and we shall
not be relieved from our liability by reason of any such variation, or extension being granted to
the said Contractor(s) or for any forbearance, act or omission on the part of the BSNL or any
indulgence by the BSNL to the said Contractor(s) or by any such matter or thing whatsoever
which under the law relating to sureties would, but for this provision, have effect of so relieving
6. This guarantee will not be discharges due to the change in the constitution of the Bank or the
7. We (name of the bank) ___________________ lastly undertake not to revoke this guarantee
during its currency except with the previous consent of the BSNL in writing.
Dated the _____________________ day of __________
(Indicate the name of Bank)
14 Seal of the company& Signature of Bidder /
General Instructions to Bidder
1 . Bid Security (EMD):
1.1 The bidder shall furnish, as part of his bid, bid security (EMD) forRs. 5 lakh
1.2The security (EMD) is required to protect the Purchaser‟s interests against the risk of bidder‟s
conduct, which would warrant forfeiture of the bid security.
1.3 Earnest Money Deposit (Bid Security): EMD of Rs. 5 lakh as mentioned in NIT in the form of
A/C payee Demand draft drawn on any of the nationalized/scheduled bank at Mumbai in favor of
the Account Officer (F&A), BSNL, Maharashtra Telecom Circle, O/o CGM, 6th floor, D wing,
Administrative Bldg., BSNL Complex, Juhu Tara Road, Santacruz (W), Mumbai 400 054 should
be enclosed with the bid. The Earnest Money / Bid Security shall be discharged upon the bidder
after furnishing the Performance Bank Guarantee of a Nationalised/Scheduled Bank. It may be
noted that EMD will be accepted only in the form of Demand Draft.
1.4Amount or amounts payable, if any, to the bidder or the bid security furnished by the bidder in
respect of an earlier bid, shall not be adjustable against this bid.
1.5The amount deposited as bid security shall carry no interest during the entire period it remains
with BSNL Maharashtra Telecom Circle.
1.6 The bid security of the unsuccessful bidders(s) shall be refunded only after the successful
completion of process & finalization of tender. To expedite refund bidders may enclose a pre-
receipt with the bid.
1.7 The bid security of the successful bidder(s) will be returned upon the bidders accepting of the
LOI & on furnishing the performance Guarantee/Security deposit (S.D)
1.8 The bid security shall be forfeited:
a) if the bidder withdraws his bid during the period of bid validity ; or
b) In the case of a successful bidder, if the bidder fails to sign the contract and /or fails to
furnish performance guarantee (S.D.) in accordance to the relevant clauses of the
1.9 A bid not secured in accordance to para 1.1 and 1.3 shall be summarily rejected as a non-
2. Signing of Bid:
2.1 Tenderer will be required to produce attested certificate of registration issued by registrar of
firm in favor of his authority to sign on behalf of firm.
2.2 Individuals signing the bid or the other connected with the contract shall indicate their full
name below their signatures & should be stamped.
2.3 A person signing the bid form or any documents forming the part of the contract on behalf of
another person shall be deemed to be having authority to sign the documents. If however, found to
be otherwise the BSNL MH Circle may, without prejudice to other civil & criminal remedies,
cancel the contract at the risk & cost of such person & hold him liable for all costs & damages
arising from the cancellation of the contract including any loss which the BSNL Maharashtra
Circle may suffer on account of execution of contract/intended contract.
2.4 All pages of original bid, except for un-amended printed literature, shall be signed by the
person or the persons signing the bid.
15 Seal of the company& Signature of Bidder /
2.5The bid shall contain no interlineations, erasures or overwriting except as necessary to correct
errors made by the bidder in which case such corrections are to be made, the entry should be
clearly scored out by a single line and encircled and fresh entry should be made. All such
corrections should be authenticated under the full signature of the person signing the tender. Any
tender, which does not comply with this requirement, shall be rejected. All conditional or
incomplete tenders will be rejected.
2.6 The tender form should be filled legibly in blue ink in English only.
3. Submission of Bid:
The bidder shall seal the envelope and
a) Bid shall be addressed to the purchaser (BSNL, MH Circle) by Designation at the following
The AGM-I(Mktg & Sales-CM), % CGM, BSNL, Maharashtra Telecom Circle,
6th floor, B wing, Administrative Bldg., BSNL Complex, Juhu Tara Road, Santacruz(W)
Mumbai 400 054.
b) Bids delivered in person shall be dropped by that person in the tender box kept with
The AGM-I(Mktg & Sales-CM)) % CGM, BSNL, Maharashtra Telecom Circle,
6th floor, B wing, Administrative Bldg., BSNL Complex, Juhu Tara Road, Santacruz(W)
Mumbai 400 054.
On or before the date and time specified in NIT. The Purchaser shall not be responsible in any way
about the bids that are delivered/dropped elsewhere and/or after the last date and time for receipt of
c) The purchaser shall assume no responsibility for the misplacement of the bid(s) or premature
opening thereof, if the outer envelop is not sealed & marked as required.
In case bidder fails to honor his bid, in a stipulated time as given by BSNL, without furnishing
sufficient grounds which is convincing to the competent authority of BSNL then the latter
reserves to right to BLACK LIST a bidder for suitable period from participating in any bidding
process initiated by BSNL.
4. Last date and time for submission of bids:
4.1 All bids shall be received by the Purchaser at the address specified under para 3, not later
than the date & time specified in NIT.
4.2 The Purchaser may, at its discretion, extend the date & time for the submission of bids by
amending the Bid documents in which case all rights & obligations of the Purchaser & bidders
shall be subject to the extended date & time.
4.3 Any bid received after the specified date & time for submission of bids shall be rejected &
returned unopened to the bidder(s).
4.4 If the date fixed for receiving and opening of Bids is declared as holiday by the BSNL the
bids will be received and opened on next working day, with no change in the timing unless
4.5 The BSNL shall not be responsible if the Bids are delivered elsewhere.
16 Seal of the company& Signature of Bidder /
5. Modification and withdrawal of bids.
5.1 The bidder(s) may modify or withdraw bid after submission provided that the written notice
for the modification(s) or withdrawal is received by the Purchaser one hour prior to the last date
& time prescribed for submission of bid.
5.2The notice for modification or withdrawal shall be prepared, sealed, marked & dispatched, as
required in the case of bid submission, strictly in accordance with provisions of clause 3. A
notice for withdrawal may also be sent by Telex / FAX but followed by a signed confirmation
copy, post marked not later than one hour before the deadline for submission of bidders.
6. Bid Opening:
6.1 The bids shall be opened on date and time as specified under NIT, in the presence of such
bidder(s) or their representatives who may be present. The bidder(s) or the authorized
representative(s) who are present shall sign an attendance register. The authorized representative(s)
of the bidder(s) shall submit letter(s) of authority before they are allowed to sign the attendance
register and participate in the bid opening.
6.2 For any bidder, not more than two (2) persons shall be allowed to attend the bid opening.
6.3 The bidder‟s name, bid prices, modification etc. & any other details as the purchaser may
consider appropriate at his discretion will be announced at the time of opening to all the bidders.
7. Summery Rejection of Bid:
One or more of the following reasons/omissions will render a bid liable to summary rejection.
a) Bid received late without conclusive proof that it was actually delivered before the
specified closing time.
b) Correction & overwriting not signed by the authorized signatory.
c) Non-submission of documents asked for.
d) Bid from a bidder who did not purchase the bid documents. If downloaded, non-
submission of DD for the price of bid document.
e) Submission of conditional bid
f) Non-receipt of clarification in time.
g) Bid non-confirmative as per tender specification.
h) Influencing the evaluation of bids.
i) Bids not prepared and sealed properly
j) Bidders giving false information, fabricated documents, thereby concealing facts,
misrepresenting & misleading BSNL Maharashtra Circle.
k) Tender form as per Annexure – VII not duly filled in & signed.
l) Violation of any terms & conditions of tender or rules & regulations of Government of
India or law.
8. Protective Clause:
The purchaser reserves the right to disqualify such bidders, who have not met the contractual
obligations against earlier contracts entered into with the purchaser or black listed by any Govt /
Semi- Govt organisation.
17 Seal of the company& Signature of Bidder /
9. Clarification of Bids:
In the process of examination, evaluation and comparison of bids, the Purchaser may, if necessary
ask the bidder(s) for clarification(s) of the bid(s). The request for such clarification(s) and the
response thereto shall be in writing. In case of no response from a bidder, his bid is liable to
10. Influencing the Evaluation of Bids & Award of Contract.
No bidder shall attempt to influence the Purchaser on any matter relating to the tender(s). Any
attempt to influence the purchaser in the evaluation and comparison of the bid(s) and in award of
the contract, shall result in summary rejection of the bid(s) of such bidder(s).
11. Right to Accept/Reject Any or all Bids:
The Purchaser is not bound to accept the lowest or any other bid and reserves the right to accept
or reject any bid, and to annul the bidding process and reject all bids, at any time prior to the
award of the contract without assigning any reason(s), whatsoever and without thereby incurring
any liability towards the affected bidder(s) on this ground.
12. Letter Of Acceptance LOA/ Letter of Intent (LOI):
12.1 Before the expiry of the validity of bid, the Purchaser shall notify the successful bidder(s),
in writing by registered letter or by FAX (to be confirmed in writing by registered letter)/ by
hand delivery, about the acceptance of the successful bid(s).
12.2 The bidder shall, within 7 days from of the date of receipt of communication, convey his
acceptance & shall also furnish performance security/ Security Deposit in conformity with the
12.3 Failure to comply with the requirement as above shall constitute sufficient ground for the
annulment of the acceptance of the bid and forfeiture of the bid security, in which event, the
Purchaser shall be free to place orders on any other bidder(s) or call for fresh bids.
12.4 The bid security of the successful bidder(s) shall be discharged only after the performance
security (S/D) is furnished by such bidder(s).
12.5 The contractor may be debarred from participating in the present tender / all the future
tenders of BSNL, Maharashtra Circle in the event of:
i) Failure of successful Tenderer to pay the security deposit & or enter into the prescribed
agreement, for any earlier / present tender of BSNL, Maharashtra Circle.
ii) Breach of any terms & conditions of any contract with BSNL, Maharashtra Circle .
13. Right to Cancel the Contract.
a. The purchaser shall have the right to cancel the contract wholly or in part in the event he
is obliged to do so on account of any decline, diminution, curtailment or stoppage of the
work(s), by giving one month‟s notice.
b. The purchaser shall have the right to cancel the contract & forfeit S/D if subsequently it is
found that the approved contractor is a “Member of Family” of a “Government servant”.
c. The bidder who is a “Member of Family” of a “Government Servant” working either in
18 Seal of the company& Signature of Bidder /
BSNL, MTNL or Telecom Department is not eligible to bid for this tender.
d. It is binding on every bidder to give declaration along with the tender in the prescribed
proforma as per Annexure – VI.
Definitions: - In these rules, unless the context otherwise requires –
a) “The Government” means the Central Government;
b) “Government Servant” means any person appointed by Government to any civil service or
post in connection with the affairs of the Union & includes a civilian in a Defence service;
Explanation - A Government Servant whose services are placed at the disposal of
company, Corporation, organisation or a Local Authority by the Government shall, for the
purposes of these rules, be deemed to be a Government Servant serving under the
Government not withstanding that his salary is drawn from sources other than the
Consolidated Fund of India;
c) “Members of Family” in relation to a Government Servant includes –
i) The wife or husband, as the case may be, of the Government Servant, whether residing
with the Government Servant or not but does not include a wife or husband, as the case
may be, separated from the Government Servant by decree or order of a competent
ii) Son or daughter or stepson or stepdaughter of the Government Servant & wholly
dependent on him, but dose not include a child or step child who is no longer in any way
dependent on the Government Servant or of whose custody the Government Servant has
been deprived of under any law;
iii) Any other person related, whether by blood or marriage, to the Government
Servant or to the Government Servant‟s wife or husband & wholly dependent on the
Every successful bidder shall also execute an agreement with the purchaser i.e. BSNL
Maharashtra Circle on a non-judicial stamp paper of Rs. 100/- as per the proforma at Annexure –
III (The cost of stamp paper to be borne by tenderer). AGM (MKT), BSNL, Maharashtra circle,
shall sign the contract on behalf of CGM, Maharashtra Circle& he shall represent the BSNL,
Maharashtra circle with reference to contract.
15. Force Majeur:
a) If at anytime, during the currency of this contract, the performance, in whole or in part, of any
obligation(s) by either party under this contract shall be prevented or delayed by reason(s) of war,
hostility, acts of the public enemy, civil disturbance, sabotage, fire, floods, explosions, epidemics,
quarantine restrictions, strikes, lockout or act of God (Herein after referred to as events), provided
notice of happenings, of any such event is given by either party to the other within 21 days from the
date of occurrence thereof, neither party shall by reason(s) of such event be entitled to terminate this
contract nor shall either party have any such claim for damages against the other in respect of such
non performance or delay in performance and deliveries under the contract shall be resumed as soon
as practicable after such event(s) may come to an end or cease to exist and the decision of the
purchaser as to whether the deliveries have been so resumed or not shall be final and conclusive,
provided further that if the performance in whole or part of any obligation(s) under the contract is
prevented or delayed by reason(s) of any such event for a period exceeding 60 days, either party may,
19 Seal of the company& Signature of Bidder /
at its discretion terminate the contract. The decision of BSNL Maharashtra Circle as to whether an
event justifies invocation of force majeur shall be final & conclusive.
b) Provided also that if the contract is terminated under this clause, the purchaser shall be at liberty to
take over from the supplier, at a prices to be fixed by the purchaser, & which shall be final, all the
unused, undamaged & acceptable goods, bought out components & stores in course of manufacture in
the possession of the supplier at the time of such termination or such portion(s) thereof as the
purchaser may deem fit excepting such materials bought out components and stores as the supplier
may with the concurrence of the purchaser elect to retain.
16. Termination for Default.
a) The purchaser by a written notice of 14 days, of default, may, without prejudice to any other
remedy for breach of contract; terminate the contract in whole or in part as the case may be;
i) If the supplier fails to deliver any or all of the goods/services within the time period(s)
specified in the contract, or any extension thereof granted by the purchaser.
ii) If the supplier fails to perform any other obligation(s) under the contract; and
iii) If the supplier, does not remedy his failure(s) within a period of specified by purchaser, after
the receipt of the default notice.
b) In the event of the termination of the contract in whole or in part, the purchaser may procure from
open market, upon such terms and in such manner as it deems appropriate, goods similar to those
undelivered & the supplier shall be liable for payment of such excess cost for such similar goods. The
supplier shall, however, continue to perform the contract to the extent not terminated.
c) On the happening of any of the above circumstances, the purchaser, without prejudice to its other
rights under the law of the contract, may purchase the balance quantity of the goods / services at the
risk & cost of supplier & book to him for the payment thereof & shall also claim a set-off of any dues
payable under the contract to the supplier against his dues under the contract or any previous contract.
17. Termination For Insolvency:
The purchaser may at any time terminate the contract by a written notice to supplier, without
compensation, if the supplier becomes bankrupt or otherwise insolvent as declared by competent
court, provided that such termination shall not prejudice or affect any right of action or remedy
which had accrued or will accrue thereafter to the purchaser.
18. Dispute Resolution/Arbitration:
Any question, dispute or differences arising out of or in connection with this tender documents or breach,
termination or validity hereof, shall be first endeavored to be to be settle through friendly discussion or
negotiations between the parities. If the dispute cannot be amicably settled either party, as soon as
practicable, but not earlier than three months after a request to settle the dispute amicably has been made
to the other party, give to the other party note in writing or existence of such question, dispute or
difference, specifying the nature and the point at issue, and the same shall be finally settled by
Arbitration conducted in Mumbai in accordance with The arbitration of Conciliation Act 1996 any
modifications or reenactments thereto and relevant laws and regulations in force at that time in India. All
such disputes and differences which may arise between the parties hereto as to the meaning, construction
or effect of any of the terms and provisions of this documents or as to the right or claim of either party
20 Seal of the company& Signature of Bidder /
under this documents shall be referred to the sole arbitration of the CGM, Maharashtra Telecom Circle,
BSNL, Mumbai –54, BSNL company or his nominee including any officer of Bharat Sanchar Nigam
Limited (BSNL) nominated by him and the Bidder shall not raise any objection to such arbitration on the
ground that the arbitrator is an officer of Bharat Sanchar Nigam Limited (BSNL) and as such is an
interested party or that the arbitrator so appointed has earlier dealt with the subject matter of this
document. Any order / Directions / Awards of the Arbitrator shall be final and binding on both the parties.
The arbitration proceedings shall take place in Mumbai and will be governed by the provisions of The
Arbitration and Conciliation Act 1996 or of any statutory amendment thereto or any reenactment thereof
for the time being in force. The Arbitrator so appointed shall pass a speaking award. The Courts at
Mumbai shall have exclusive jurisdiction under this agreement.
19. Subject Laws: The purchase order/ work order (in terms of the proforma attached & to be
adopted Mutates Mutants) shall, when issued to the successful bidder, constitute the part of contract.
20. Set Off: Any sum of money due & payable to the supplier (including security deposit refundable
to him) under this contract may be appropriated by the purchaser or BSNL & set off the same against
any claim of the purchaser or BSNL arising out of this contract or under any contract made by the
contractor with the purchaser and/or BSNL.
21. Performance Security (Security Deposit):
a. The supplier, within 1 week of the receipt of the letter of Intent (LOI), shall furnish performance
b. The Security Deposit shall be Rs. 10 lakhs only. (Rupees Ten lakhs Only)
c. The proceeds of the performance security shall be payable to the purchaser as compensation for any
loss resulting from the suppliers failure to complete its obligations under the contract.
d. The performance security shall be in the form of an original DD/ Bank Guarantee issued by a
Schedule /Nationalised Bank. For Bank Guarantee the format as show in ANNEXURE-IV may be
e. The performance security shall be discharged by the Purchaser 3 months after completion of the
supplier‟s performance obligations, including warranty obligations, if any, under the contract.
22. In case of breach of any tender condition, delay or non-performance of work or supplies of poor
quality of work or material, BSNL, Maharashtra Circle may take all or any of the following actions:
i) Forfeiture of EMD,
ii) Forfeiture of SD,
iii) Cancellation of contract,
iv) Barring in participation of all future tenders of BSNL, MH Circle for a period of 3 years
NOTE: This tender is only for those advertising agencies who have necessary infrastructure such as
layout artist, copywriter, translator etc.
Asst. General Manager (Mktg)
%CGM, BSNL, MH CIRCLE,MUMBAI.
TF-2646 7626 FAX NO: 2661 3587
21 Seal of the company& Signature of Bidder /
ANNEXURE - VI
PROFORMA FOR DECLARATION BY TENDERER
(To be submitted on a non-judicial stamp paper of Rs.100 and duly notarized)
I/we hereby solemnly affirm & declare to the best of my knowledge & belief that I am
not a “Member of FAMILY” of a “Government Servant” working in BSNL, MTNL, DOT. I also
declare that, if later on it is found that I am a “Member of family” of a “Government Servant”,
working in BSNL, MTNL, DOT, my tender shall be terminated with immediate effect, as &
when this fact comes to the knowledge of BSNL, Maharashtra Circle.
Signature & seal of tenderer
Name & full Address of the tenderer.
Name & Address
NAME & ADDRESSANNEXURE-VII
22 Seal of the company& Signature of Bidder /
The Chief General Manager,
BSNL Maharashtra Circle, 6th floor, B wing, Administrative Bldg.,
BSNL Complex, Juhu tara Road, Santacruz(W), Mumbai 400 054.
No. Dated the
Sub: Tender for
With reference to your tender Notice No. dated
calling for tender on the above subject. I have read & understood the tender document
thoroughly & agree to all the terms & conditions. I / We hereby offer my / our bid as per
documents submitted & conditions as mentioned in the tender document and the rates specified in
the schedule enclosed.
Should this tender be accepted either fully or in parts, I / We hereby agree to abide by and
fulfill all the terms and conditions of the contract hereafter as applicable, or in default thereof
forfeit to and pay to the BSNL, Maharashtra Circle, or his successors in office, the sum of money
mentioned in the said conditions without prejudice.
The sum of Rs. ( In words rupee
) is deposited by DD towards Earnest money and DD receipt No
dated is enclosed. I / We also agree to pay Security Deposit as and when called for
within 7 days.
If, I / We fail to carry out the work according to the specification given in the schedule,
the entire money (Earnest and security deposit) may be forfeited without prejudice to any other
right or remedies of the BSNL, Maharashtra Circle, or his successors in the office.
Name, Address and company’s seal
(If required may be retyped)
PARTICULARS FOR EMPANELMENT OF ADVERTISING AGENCIES
(To be submitted by advertising agencies on there letter heads)
(i) Name of the Advertising Agency
23 Seal of the company& Signature of Bidder /
(ii) Address of Office at Mumbai
E – mail
(iii) Full address of the head office/other offices
E – mail
(iv) Name of the contact person at Mumbai
(v) a) Year of Establishment
b) Legal status of agencies (Proprietor/Partnership/Private Ltd./Public Ltd.)
(vi) Are you serving for BHARAT SANCHAR NIGAM LIMITED recently or in the
past, if so, please attach copy of appointment of empanelment.
(vii) Infrastructure facility available with the agencies.
No. of persons working (separately for different offices)
Whether Art Deptt. Exists.
No. of creative team members.
Number of Media experts
If the full-fledged studio exists (Details)
Printing facility, if tie up with any press then state
(viii) Name of Managing Director, Directors and top management (separate sheet
may be enclosed with Bio-data and other details).
(xi) List of clients presently serving (public sectors/private sectors).
(x) List of telecom sector PSUs/companies serviced in past 5 years.
(Attach copies of Award Letters)
(xi) Details of awards in print media / visuals from the reputed publications like
A&M, ASCI (attach copies of certificates)
24 Seal of the company& Signature of Bidder /
(xii) Capability to arrange interviews in Electronic / Print media; give details of
such capability in past and commitment for BSNL without additional cost.
(xiii) Demand Draft for EMD attached.
(xiii) Why do you think that you are suitable for empanelment with BSNL?
I/we hereby certify that all the particulars given above are correct and true to the best of
Full Name ____________________________________
1. If needed, the agency can use separate sheets for explaining the above points.
2. BSNL reserves the rights to verify the facts given by the agency, with the authorities,
if so required.
QUALIFYING REQUIREMENTS FOR EMPANELMENT
OF ADVERTISING AGENCIES
(To be submitted by advertising agencies on there letter heads)
1. Regular Billing for the last two years should be at least Rs.5 Crores each (Rupees five
25 Seal of the company& Signature of Bidder /
Total billing for the year Rs. In Crores
(a) 2007 -2008 _____________
(b) 2008 -2009 ___________
(Attach certificate from Chartered Accountant / P&L Account)
2. Year of establishment
3. Accrediation / registration with INS, Doordarshan and AIR
(a) Continuous & regular INS accrediation for the last two years (A certificate to this
effect from INS addressed to Bharat Sanchar Nigam Ltd. is to be obtained and
submitted to BSNL by the applicant) or the applicants may submit self-attested copy
of the document regarding their current accrediation status issued by INS.
(b) Either Accreditation or Registration with Doordarshan and AIR (Proof required for
current status along with the bid)
4. At least two full-fledged offices in the districts of Maharashtra and Goa, other than office
at Mumbai Preference would be given to those agencies having full-fledged
establishments in our SSA Head Quarters. (Give names and address)
5. Have you serviced/serving any PSU having turnover of minimum Rs. 100 Crores. Give
details with proof.
6. Service tax Regd. No. (Attach photocopy).
7. Copy of Partnership Deed/certificate of incorporation/registration.
8. Audited Balance Sheets, P&L Statement and Income Statement filed for two consecutive
financial years starting from 2007-08.
9. PAN of the agency.
26 Seal of the company& Signature of Bidder /