Municipal Corporation Gurgaon

Tender and Contract document

Name of Work: ALLOTMENT OF RIGHTS FOR INSTALLATION, OPERATION AND MAINTENANCE OF 69

UNIPOLES AT IDENTIFIED SITES IN THE AREA OF MUNICIPAL CORPORATION, GURGAON FOR

DISPLAY OF ADVERTISEMENTS FOR A PERIOD OF 6 MONTHS.

Name of Agency:.…………………………………………….…………………......

Agreement No. : ……………………………………………………………….

Tender Notice No. ……..……………

PRESS NOTICE

Municipal Corporation Gurgaon

Notice Inviting Tender

1. Online bids are hereby invited on behalf of Commissioner MCG for the works mentioned

below:-

Name of Work: - ALLOTMENT OF RIGHTS FOR INSTALLATION, OPERATION AND

MAINTENANCE OF 69 UNIPOLES AT IDENTIFIED SITES IN THE AREA OF MUNICIPAL

CORPORATION, GURGAON FOR DISPLAY OF ADVERTISEMENTS FOR A PERIOD OF 6

MONTHS.

Sr. No.

of work

Earnest

Money

in Rs.

Tender

Document

Fee

in Rs.

During date & Time

Downloading of Tender

Document along with Tender

fees

Online Bid preparation and

hash submission

1 10,00,000 10,000 07/07/2015 at 14:01 to

28/07/2015 up to 17:00

07/07/2015 at 14:01 to

28/07/2015 up to 17:00

2. Tender will be opened on dated 07/08/2015, from 09:00 to 17:00

3. The detail tender notice can be seen on website: http://mcg.etenders.in

4. Possession of Digital Signature Certificate (DSC) and registration of the contractors on the

portal i.e. http://mcg.etenders.in is a prerequisite for e-tendering. Kindly contact o/o

Nextenders (India) Pvt. Ltd. or O/O Executive Engineer-VI, Engineering Wing, C-1, Infocity,

Sector-34, Municipal Corporation Gurgaon via email ee6@mcg.gov.in

5. For any other queries, please contact Executive Engineer VI, C-1, Infocity, Sector-34, Municipal

Corporation Gurgaon at 09958917904 or Assistant Engineer-VII at 08826794028.

6. For further details and e-tendering schedule, visit website http://mcg.etenders.in

Executive Engineer-VI

Municipal Corporation Gurgaon.

for & on behalf of Commissioner, Municipal Corporation, Gurgaon

MUNICIPAL CORPORATION GURGAON

NOTICE INVITING TENDER

Online bids are hereby invited on behalf of Commissioner, Municipal Corporation, Gurgaon for the

work as mentioned below:-

Name of Work: ALLOTMENT OF RIGHTS FOR INSTALLATION, OPERATION AND

MAINTENANCE OF 69 UNIPOLES AT IDENTIFIED SITES IN THE AREA OF MUNICIPAL

CORPORATION, GURGAON FOR DISPLAY OF ADVERTISEMENTS FOR A PERIOD OF 6

MONTHS

Sr. No.

of work

Earnest

Money

Rs.

Tender

Document

Fee

in Rs.

During date & Time

Downloading of Tender

Document & Payment of

Tender Document fees

Online Bid

preparation and

hash submission

1 07/07/2015 at 14:01 to

28/07/2015 up to 17:00

07/07/2015 at

14:01 to

28/07/2015 up

to 17:00

1. Tender documents can be seen on website: http://mcg.gov.in and downloaded online from

the Portal: http://mcg.etenders.in by the Firms / Individual registered on the Portal.

2. As the Bids are to be submitted online and are required to be encrypted and digitally signed,

the Bidders are advised to obtain Digital Signature Certificate (DSC) at the earliest. For

obtaining Digital Certificate, the Bidders should follow point No. 3 under "Annexure-A -

Conditions of e-tendering".

3. Key Dates

Sr.

No.

MCG State Contractor Stage Start Date / Time Expiry Date

/ Time

1 Release of Tender

document

07/07/2015 at

10:00

07/07/2015

at 20:00

2

-

Downloading of Tender

Documents along with

Tender fees

07/7/2015 at 20:01 28/7/2015

at 17:00

3 -

Online Bid Preparation

& Hash Submission

07/07/2015 at

20:01

28/7/2015

at 17:00

4 Technical & Financial

Lock - 29/07/2015 at

09:00

29/7/2015

at 17:00

5 -

Re-Encryption of Online

Bids

30/07/2015 at

09:00

31/7/2015

at 20:00

6 Open EMD &

Technical/PQ Bid - 01/08/2015 at

09:00

5/8/2015

at 20:00

7 Eligibility criteria

evaluation -

01/08/2015 at

09:00

5/8/2015

at 20:00

8 Open Financial/Price-

Bid -

01/08/2015 at

09:00

7/8/2015

at 20:00

4. The Bidders can download the tender documents from the Portal: http://mcg.etenders.in.

Tender Documents Fees has to be paid online through payment gateway during the

"Downloading of Tender Document & Payment of Tender Document fees" stage and Earnest

Money Deposit has to be submitted through Demand Draft in favour of Commissioner,

Municipal Corporation Gurgaon or the same can be deposited at Citizen facilitation Center,

Opposite General Hospital, Gurgaon and G-8 receipt of the same be uploaded on website. The

particulars are to be given online at the e-tendering website of the department:-

In Case of DD:-

a) Name of a/c holder from whose a/c payment for earnest money has been made by the agency

b) A/C No.

c) Name of the Bank

d) DD No. or G-8 receipt No.

e) Mode of payment Demand Draft or G-8 receipt etc.

f) Amount of Payment

In Case of G-8 Receipt:-

a) Name of the firm depositing the tender document form.

b) G-8 receipt No.

c) Date of deposition.

Willing Contractors shall have to pay the Tender Document Fees through payment

gateway during the "Downloading of Tender Document & Payment of Tender Document fees"

stage. However, as the details of the EMD are required to be filled at the time of Bid

Preparation and Hash Submission stage, the Bidders are required to keep the EMD details

ready beforehand and upload the scanned copy of DD or G-8 receipt.

5. The tender shall be submitted by the bidder in the following three separate envelops online:

1. Earnest Money and all the documents

in support of eligibility criteria - Envelope 'ED'

2. N.I.T. and Technical Bid - Envelope 'T I'

3. Price Bid - Envelope 'C I'

Note: - Bidders shall submit the scanned copy of DD or G-8 receipt as EMD online. However DD or G-

8 should be submitted physically before 28/07/2015. Documents in support of eligibility criteria shall

also be submitted in Envelope 'ED'. Reference of the EMD is to be mentioned online.

Price Bids are to be submitted online and shall not be accepted in any physical form. The Minimum

quoted rate should be Rs. 450/- per Sq.ft. as Rs. 450/- Sq.ft. is the reserve price.

The envelopes 'ED' & 'TI' shall be kept in a big outer envelope, which shall also be sealed online. In

the first instance, the Envelop - 'ED' of all the Bidders containing the Earnest Money and documents

supporting eligibility criteria shall be opened online. If the Earnest Money and eligibility of bidder is

found proper, the Envelop 'TI' containing Technical Bid shall be opened in the presence of such

bidders who either themselves or through their representatives choose to be present. Financial bid

shall be opened only if the bidders meet the eligibility criteria as per the Bid document.

The bidder will submit the necessary documents as under.

Envelope 'ED' - Earnest Money Deposit and eligibility criteria Envelop

Online EMD Envelope-Reference details as well as scanned copy of the Earnest Money Deposit

instrument and scanned copy of documents supporting eligibility criteria.

Envelope 'TI' - Technical Bid Envelope

Online Technical Envelope - All the information and scanned copies of the Documents / Certificates

are required to be submitted online as per the Tender. Also, all such documents, if any, that cannot

be submitted online i.e. all the Information and Documents / Certificates as required to be submitted

in physical technical envelope before 28/07/2015.

Envelope 'CI' - Price Bid Envelope

To be submitted mandatory online- "Information related to Price Bid of the Tender". The Minimum

quoted rate should be more than Rs. 450/- per Sq.ft. as Rs. 450/- Sq.ft. is the reserve price of bid

document.

The bidder can submit their tender documents as per the dates mentioned in the schedule at Point

No. (3) above.

CONDITIONS:-

a. Conditional tenders will not be entertained & are liable to be rejected. b. The tender without earnest money will not be opened. c. The tender of the bidder who does not satisfy the eligibility criteria in the bid documents is

liable to be rejected summarily without assigning any reason and no claim whatsoever on this

account will be considered.

Eligibility criteria evaluation & technical bid evaluation shall be done by a Committee as decided by

Worthy Commissioner, Municipal Corporation Gurgaon.

The bid for the work shall remain open for acceptance during the bid validity period to be reckoned

from the date of "Online Bid preparation and Hash submission". If any bidder withdraws his bid

before the said period, any modifications in the terms and conditions of the bid, the said earnest

money shall stand forfeited. Bids would require to be valid for 3 months from the date of closing of

online "Bid preparation and Hash submission stage".

-Sd-

Executive Engineer VI

Municipal Corporation, Gurgaon

for and On Behalf of Commissioner MCG

Endorsement No. EE-VI/ MCG / 2015 / Dated

A copy of above is forwarded to the following for information and wide publicity:

1.) Commissioner, Municipal Corporation Gurgaon.

2.) Deputy Commissioner, Gurgaon.

3.) Mayor, Municipal Corporation, Gurgaon

4.) Chief Engineer, Municipal Corporation Gurgaon.

5.) Superintending Engineer, Municipal Corporation Gurgaon.

6.) Superintending Engineer, P.W.D. (B&R) Circle, Gurgaon.

7.) Superintending Engineer, Public Health Engineering Circle, Gurgaon.

8.) Superintending Engineer, Circle No. 1 & 2, HUDA, Gurgaon.

9.) GM, BSNL Gurgaon for taking necessary steps during execution of works.

10.) Chief Account Officer, Municipal Corporation Gurgaon.

11.) Executive Engineer I/ II/ III/V/VI/VII/Roads, Municipal Corporation Gurgaon.

12.) Executive Engineer, Marketing Board, Gurgaon.

13.) Executive Engineer, Public Health Engineering Division, Gurgaon.

14.) Executive Engineer, PWD B&R Prov. Division No. 1 & 2, Gurgaon.

15.) Assistant Engineer (Electrical) (Zone-I, II, III & IV) Municipal Corporation Gurgaon.

16.) Dy. Director (Audit), Municipal Corporation Gurgaon.

17.) Assistant Register, Cooperative Societies, Gurgaon.

18.) Manager, Gurgaon Distt. Co-op. L/C Federation Ltd. 209/3 Gopal Nagar, Gurgaon.

-Sd-

Executive Engineer VI,

Municipal Corporation, Gurgaon

for and On Behalf of Commissioner MCG

CONDITIONS OF E-TENDERING

Instructions to Contractors on Electronic Tendering

1.) These conditions will over-rule the conditions stated in the tender documents, wherever relevant

and applicable.

2.) All the Contractors intending to participate in the tenders processed online, are required to get

registered for the Electronic Tendering System on the Portal http://mcg.etenders.in For more

details, please see the information in Registration info link on the home page.

3.) Obtaining a Digital Certificate:

3.1) The Bids submitted online should be encrypted and signed electronically with a Digital Certificate

to establish the identity of the bidder bidding online. A digital signature certificate has two keys

i.e. Public Key and Private Key. Public Key is used to encrypt the data and Private Key is used to

decrypt the data. Encryption means conversion of normal text into coded language whereas

decryption means conversion of coded language into normal text. These Digital Certificates are

issued by an approved certifying authority, by the controller of Certifying Authorities, Government

of India.

3.2) A Digital Certificate is issued upon receipt of mandatory identity proofs and verification letters

attested by the Notary Public / Charted Account / Any Gazatted Officer whose stamp bears

emblem of Ashoka. Only upon the receipt of the required documents, a digital certificate can be

issued.

3.3) The contractors may obtain Class II B digital certificate from any Certifying Authority or Sub-

certifying Authority authorized by the Controller of Certifying Authorities on the portal

http://cca.gov.in. or may obtain information and application format and documents required for

issue of digital certificate from one such certifying authority on given below which is :-

i.) TATA Consultancy Services Ltd., 11th Floor, Air India Building, Nariman Point, Mumbai-400021

website -www.tcs-ca.tcs.co.in

ii.) Sify Communications Ltd., III Floor, Tidel Park, 4 Canal Bank Road, Taramani, Chennai-

600113. Website - www.safescrypt.com

iii.) MTNL Trustline CA, O/o DGM (IT-CA), 5515, 5th Floor, Core-V Mahanagar Doorsanchal Sadan,

CGO Comples, MTNL, Delhi-110003. Website - www.mtnltrustline.com

iv.) iTrust CA (IDRBT), Castle Hills, Road No.1, Masab Tank, Hyderabad, Andhra Pardesh -500057.

Website - idrbtca.org.in

v.) (n)Code solutions, 301, GNFC Tower, Bodak Dev, Ahmedabad-380054, Gujarat. Website -

www.ncodesolutions.com

vi.) National Informatics Centre Ministry of Communication and Information Technology, A-Block

CGO Complex, Lodhi Road, New Delhi-110003. Website https://nicca.nic.in

vii.) e-Mudhra CA, 3i Info-tech Consumer Serivces Ltd, 3rd Floor, Sai Arcade, Outer Ring Road,

Devarabeesanahalli, Bangalore560036, Karnataka Website - http://www.e-Mudhra.com

Contractors may also obtain information and application format and documents required for issue of

digital certificate from the following:-

i.) Nextenders (India) Pvt. Ltd., O/O Additional Chief Engineer, HUDA, Sector 40, M- Block South City

–I, Gurgaon. Contact persons : Sh. Sanjay- +918743042801.

ii.) Nextenders (India) Pvt. Ltd., YUCHIT, Juhu Tara Road, Mumbai-400049 Email-

Chandigarh@nextenders.com

iii.) Nextenders (India) Pvt. Ltd., O/o HSRDC, Bays No.13-14, Sec-2, Panchkula-134151, Contact

Person: Manmit – 09815034028

3.4 Bid for a particular tender may be submitted only using the digital certificate, which is used to

encrypt the data and sign the hash during the stage of bid preparation and hash submission. In

case, during the process of a particular tender, the user loses his digital certificate (i.e. due to

virus attack, hardware problem, operating system problem), he may not be able to submit the bid

online. Hence, the users are advised to have back up of certificate and keep the copies at safe

place under proper security to be used in case of emergencies.

3.5 In case of online tendering, if the digital certificate issued to the authorized user of a firm is used

for signing and submitting a bid, it will be considered equivalent to a no-objection

certificate/power of attorney to that User. The firm has to authorize a specific individual via an

authorization certificate signed by all partners to use the digital certificate as per Indian

Information Technology Act 2000. Unless the certificates are revoked, it will be assumed to

represent adequate authority of the user to bid on behalf of the firm for Municipal Corporation

Gurgaon , Haryana tenders as per Information Technology Act 2000. The digital signature of this

authorized user will be binding on the firm. It shall be the responsibility of management / partners

of the registered firms to inform the certifying authority or Sub Certifying Authority, in case of

change of authorized user and applies for a fresh digital certificate and issues an 'authorization

certificate' for the new user. The procedure for application of a digital certificate will remain the

same for the new user.

3.6 The same procedure holds true for the authorized users in a private/Public limited company. In

this case, the authorization certificate will have to be signed by the directors of the company.

4. Set up of machine: In order to operate on the electronic tender management system, a user's

machine is required to be set up. A help file on setting up of the system can be obtained from

NexTenders (India) Pvt. Ltd. or downloaded from the home page of the website -

http://mcg.etenders.in.>> "Information for new users".

5. Online Viewing of Notice Inviting Tenders: The contractors can view the N.I.T and the time

schedule (Key Dates) for all the packages floated using the electronic tendering system on the

Haryana MCG website http://mcg.etenders.in.

6. Opening of an Electronic Payment Account:

6.1 For purchasing the tender documents online, contractors are required to pay the tender

documents fees online using the electronic payments gateway service as mentioned at S. No.8.

6.2 For the list of payments using which the online payments can be made, please refer to the Home

page of the Portal http://mcg.etenders.in

7. Submission of Earnest Money Deposit:

7.1 The EMD Payment can be made by eligible contractors through DD in favour of Commissioner,

Municipal Corporation Gurgaon or the same can be deposited at Citizen facilitation Center,

Opposite General Hospital, Gurgaon and G-8 receipt of the same be uploaded on website.

7.2 Contractors have to submit the EMD either physically in the form of DD or deposited in a sealed

physical envelope which should reach the office of concerned Executive Engineer as mentioned in

the Tender Notice or make EMD payment at Citizen facilitation Center.

8. Submission of Tender Document Fees: The Payment can be made by eligible contractors online

directly via Credit Card / Internet Banking Account / Cash Card / Debit card. The contractors have

to pay for the tender documents online by making online payment of tender document fees using

the service of the secure electronic payment gateway. The secure electronic payments gateway is

an online interface between contractors and credit card / online payment authorization networks.

9. Purchase of Tender Documents & Download of Tender Documents: The tender documents can only

be downloaded from the Electronic Tendering System on the Portal http://mcg.etenders.in

10. Submission of Bid Seal (Hash) of online Bids: Submission of bids will be preceded by submission of

the digitally signed bid seal (Hash) as stated in the tender time schedule (Key Dates) of the

Tender. Bidders should take note of any corrigendum being issued on the website on a regular

basis. They should view and note down the tender Hash and ensure that it matches with their

previous noted Hash before confirming the rates.

11. Generation of Super Hash: After the time of submission of Bid Seal (Hash) by the bidders has

lapsed, the bid round will be closed and a digitally signed tender Super Hash will be generated by

authorized Haryana MCG official. This is equivalent to sealing the tender box.

12. Submission (Re-encryption) of actual online bids: Bidders have to submit their encrypted bids

online and upload the relevant documents for which they generated the hash at the stage of hash

generation and submission after the generation of Super Hash within the date and time as stated

in the Notice Inviting Tenders (Key Dates). The electronic bids of only those contactors who have

submitted their bid seals (Hashes) within the stipulated time, as per the tender time schedule (Key

Dates), will be accepted by the System. A bidder who does not submit his bid seal (Hash) within

the stipulated time will not be allowed to submit his bid.

13. Key Dates:

13.1 The bidders are strictly advised to follow dates and time as indicated in the Notice Inviting Tender.

The date and time will be binding on all the bidders. The bidders are required to complete the

stage within the stipulated time as per the schedule to continue their participation in the tender.

All online activities are time tracked and the system enforces time locks that ensure that no

activity or transaction can take place outside the start and end dates and time of the stage as

defined in the Notice Inviting Tender. The bidder should check the status of a particular stage by

following the below mentioned procedure:-

a. Click on "Main" after login into the portal.

b. Select "Tender Search" and click on "Go"

c. Next screen will appear on the screen and click on "Search" button to view the list of

various tenders.

d. Select the tender whose status is to be viewed by clicking on the tender no.

e. Click on "Action page" button. The status of all the stages i.e. whether "Pending" or

"Completed" can be viewed.

The bidder should ensure that the status of a particular stage should be shown as "Completed"

before the expiry date and time of that particular stage and he should possess a copy of receipt of

completion of each stage to be performed from his end. It will be the sole responsibility of the bidder if

the status of a particular stage is "Pending" till the expiry date and time of that stage and he is not able

to proceed further in the e-tendering process.

14. Other Information:

14.1 The intending bidders shall fill the lumpsum rate / item rate in the online templates of the online

tender. The Price Bid has to be submitted mandatory online.

14.2 Technical Bid Documents that cannot be submitted online, if any should be put in separate sealed

envelopes and these sealed envelopes together with the documents listed below should be sealed

in another cover and delivered to this office before the date and time mentioned in the Tender

document.

i. A list of all documents accompanying the sealed envelopes containing the tender

documents.

ii. Duly accepted power of Attorney in original along with its two certified copies in the name

of bidder or authorized representative to act on behalf of the agency.

iii. Documents in respect of payment of earnest money.

14.3 Tender must strictly abide by the stipulations set forth in notice inviting tender & while tendering

for the work, the bidder shall adopt only the three envelope system.

14.4 The third envelop - Price Bid envelope has to be submitted mandatory online and shall not be

accepted physically under any circumstances. In case any bidder does not comply with procedure

given above, it will be presumed that he is not interested in the work and the work shall not be let

out to him. Further he may be de-listed without further notice to him for failing to abide by the

strictly approved terms of notice inviting tender for this work. The Minimum quoted rate should be

more than Rs. 450/- per Sq.ft. as Rs. 450/- Sq.ft. is the reserve price of bid document.

14.5 The tenders which are not accompanied by the earnest money or proof of earnest money or do not

strictly follow the technical requirement, are liable to be rejected summarily.

14.6 Tenders / quotations which are dependent upon the quotations of another bidder shall be

summarily rejected.

14.7 The tenders of the bidders who does not satisfy the qualification in the bid documents are liability

to be rejected summarily without assigning any reason and no claim what so ever on their account

will be considered.

Note: - Bidders participating in e-tendering shall check his/her validity of Digital Signature Certificate

before bidding in the specific work floated online at e-tendering portal of Municipal Corporation Gurgaon ,

Haryana on the website http://mcg.etenders.in. Also, the bidder will be held liable solely, in case, while

bidding in particular stage - Date & Time expired as per the key dates available on the tender document.

Key dates are subject to change in case of any amendment in schedule due to any reason, but the same

will be intimated via Corrigendum on website.

15. DISCLAIMER FOR TENDER DOCUMENT

15.1 The Tender document (Tender Document + Draft License Agreement) is available for bidding.

Earnest Money amounting to Rs. 10 Lacs ( Rs. Ten lacs only) is also to be deposited at the

time of submission of tender documents as mentioned in PT(7).

15.2 The bidders are requested to get in touch with Executive Engineer VI, C-1, Infocity, Sector-34,

Municipal Corporation Gurgaon or refer website for all updates on the tender such as addendums,

replies to queries, postponement of tender schedules etc. No claims or compensation will be

entertained on account of the bidder having not read/noticed the updates, etc.

15.3 All correspondence with respect to this tender, clearly marked “Reference: TENDER FOR

ALLOTMENT OF RIGHTS FOR INSTALLATION, OPERATION AND MAINTENANCE OF 69 UNIPOLES AT

IDENTIFIED SITES IN THE AREA OF MUNICIPAL CORPORATION, GURGAON FOR DISPLAY OF

ADVERTISEMENTS FOR A PERIOD OF 6 MONTHS” may be addressed to:

Executive Engineer-VI

C-1, Infocity, Sector-34,

Municipal Corporation Gurgaon.

Or email at ee6@mcg.gov.in

15.4 If EMD paid through DD, Demand Draft should be drawn on any Scheduled commercial bank

in favour of “Commissioner, Municipal Corporation Gurgaon”.

15.5 Do not tamper, alter or change the contents of the document. If at any time it is found that

the document has been tampered, altered, modified or changed, necessary applicable action,

including legal will be taken against the said party, besides forfeiture of all submissions to

MCG.

16 INSTRUCTIONS TO BIDDERS

16.1 Bidders are required to read carefully the contents of this document including Technical

Capabilities.

16.2 Bidders are to complete the tender form and provide all the other documents/information in

sufficient detail. The completed tender application form and other documents must be

prepared and submitted in original, and must be so marked. Submittals from bidders will be

evaluated on the basis of their experience and their technical, administrative and financial

capability to perform the contract. Poor past performance record such as abandoning of

works; not properly completing contracts; litigation history, financial failure etc, pending

liabilities payable to MCG may lead to rejection.

16.3 All documents must be in English language and each page of the Tender Application Form

must be duly completed. Each page of the tender document must be signed, numbered &

stamped as a token of acceptance of the terms & conditions of the Contract & uploaded online

as part of technical bid. Any unsigned and unstamped document will not be considered.

16.4 Only the successful bidder will be informed of the result. The bidder hereby acknowledges

and agrees that MCG will not be obliged to discuss any aspect of the tendering process.

16.5 Bidders should note clearly the last date and time of submittal of the tender applications

online. No late or delayed applications will be accepted.

16.6 Bidders are reminded that no supplementary material will be entertained by MCG. However

MCG may, if necessary, at its sole discretion ask for any clarification regarding the submitted

tender and/or other documents.

16.7 Bidders and/or successful bidder who are/is found to have made any misleading or false

representations in the tender including any statements, attachments, document, Performa’s &

annexure submitted as proof of the requirements, shall be disqualified.

16.8 The location of unipoles is mentioned at 1.3.1. However summary of Unipoles is as under:-

Zone Nos. of

Unipoles

Area in Sqft.

( No. X lengthX height)

Total Area of

Display

Sq. mtr.

Total area of

Display in Sq.

Ft. Single Side Double Side

Zone-I 17 9 8 477.16 5134.24

Zone-II 08 7 1 133.80 1439.68

Zone-III 23 2 21 563.00 6057.88

Zone-IV 21 1 20 469.12 5047.70

Total 69 1643.08 17679.50

For exact location of unipoles be stated & further details feel free to contact the office

of Executive Engineer VI, C-1, Infocity, Sector-34, Municipal Corporation Gurgaon.

16.9 The bidders may visit the site before submission of bids, to assess to the availability of site

and spaces at the locations identified for unipoles. No rebate in license fee will be granted/

considered in case of non availability of space or any dispute due to any reason. The Licensee

will have to seek the NOC as applicable from other department/ authority at his own level

and at his cost. However the MCG, can send formal request thereof, if required to seek NOC

of approval from other Deptt. /authority.

16.10 The successful bidder shall have to ensure the following requirements within 15 days of issue

of letter of acceptance to avoid cancellation of acceptance:-

i. Payment of security deposit / Performance guarantee

ii. Yearly License Fees to be paid in Advance. See Section 3.2 for more details.

iii. Payment of any other dues as may be indicated in the letter of acceptance.

iv. Submission of both affidavits on stamp papers (Non-Judicial) of Rs. 100 each.

v. Submission of all risks Insurance Policy valid for at least one year.

TABLE OF CONTENTS (TENDER DOCUMENT)

1. SECTION 1- PROJECT BACKGROUND

1.1 Introduction

1.2 Scope of Work

1.3 Description of sites

1.4 Specification of Unipole

2. SECTION 2 - GENERAL TERMS AND CONDITIONS

2.1 Technical Qualification conditions

2.2 Bids by consortium

2.3 Assign ability and Encumbrances

2.4 Statutory Clearances

2.5 Right to Reject Tenders

2.6 Misrepresentation / Fraud I Breach of Terms and Conditions

2.7 Earnest Money Deposit and Interest free Performance Security

2.8 Proposal preparation Cost

2.9 Validity of offer

2.10 Disputes

2.11 Communication with MCG

3. SECTION 3- TENDERING SCHEDULE

3.1 Preparation & Submission of Proposal

3.2 Payments to MCG

3.3 Language and Currency

3.4 Sealing and Marking of Proposals

3.5 Bidders Responsibility

3.6 Modification and withdrawal of Proposals

3.7 Opening of Bids

3.8 Evaluation of Proposal

3. 9 Acceptance of Offer

3.10 Execution of License Agreement

3.11 Amendment of TENDER DOCUMENT

3.12 Unsuccessful Bidders

3.13 Penalty

3.14 Deduction of Dues

3.15 Joint Inspections

3.16 Repeated violation to result in cancelation

3.17 Power to waive fines.

3.18 License to be non-transferable

3.19 Compliance of Statutory /Labour laws.

3.20 All other laws to be applicable.

3.21 Selection of Advertisements

3.22 Indemnification of MCG against loss/damages.

3.23 Prior approval of MCG before fixing

3.24 Some Reserved Rights.

3.25 Surrender/Termination

3.26 Subletting of Rights

4.0 Force Majeure

5.0 Assets to become property of MCG upon completion

6.0 Assets to become property of MCG upon Premature Termination.

7.0 Notices

8.0 ANNEXURES

1. Letter of Application

2. General Information of the bidder

3. Summary of Technical Capability

4. Summary of Financial Capability

5. Format for Financial proposal

6. Affidavit

7. Format for Power of attorney

8. Draft License Agreement

SECTION 1: PROJECT BACKGROUND

1.1 INTRODUCTION

Govt. of Haryana has framed Haryana Municipalities Outdoor Advertisement Policy

2010 vide Notification No. 3/4/2006-R-1 dated 16.02.2010. Accordingly Municipal

Corporation, Gurgaon has decided to float the tender under the said policy for 69 sites for a

period of 6 Months.

1. 2 SCOPE OF WORK

1.2.1 The licensee can install/shift Unipoles at locations mentioned in the tender document

for a period of 6 months from the date of signing of contract.

Duration:

a) License period shall be for 6 months from the signing of contract. However, a period of

15 days will be allowed for new installation of unipoles. This period of 15 days will be

allowed from date of issue of LOI by MCG. During this period the Licensee will be

required to deposit the advance license fee after adjustment of EMD.

b) The license period of 6 months can be extended for another 2 months solely at the

discretion of MCG. The license fee for the extended 2 months will be in proportion to

original duration of license.

c) A further extension of 2 months or part thereof can be considered beyond extended

period of 2 months stated above but in no case the license can be extended beyond

total period of 10 months. The license fee will be in proportion to license fee for the

original period of 6 months.

1.3 DESCRIPTION OF SITES

1.3.1 The site locations are as follows:

Sr.

no. Location

Type of

Unipole

Single/

Double

Proposed Size

of unipole/

Dimension

Zone -I Size of Unipole in

Meters

Total

Size in

Meter

Total size

in Sq.ft.

1

Near Orient Craft

on Hero Honda

Chowk to Umang

Bhardwaj Chowk

Double 7600x3800mm 2 7.6 3.8 57.76 621.50

2

Near Sector 37

Chowk Hero

Honda Chowk to

Umang Bhardwaj

Chowk

Double 7600x3800mm 2 7.6 3.8 57.76 621.50

3

At Park Behind

Govt School

Pataudi Road

Single 10000x5000mm 1 10 5 50 538.00

4

Opposite Booster

near Harijan

Choupal Pataudi

Road

Single 2400x3200mm 1 2.4 3.2 7.68 82.64

5 Auto Market on

Basai Road Double 5000x2500mm 2 5 2.5 25 269.00

6

Sector 10 Collage

and Hospital

Chowk at Basai

Road

Double 2400x3200mm 2 2.4 3.2 15.36 165.27

7 Sector 9A and 9

and Basai Chowk Double 2400x3200mm 2 2.4 3.2 15.36 165.27

8 Basai Enclave Double 2400x3200mm 2 2.4 3.2 15.36 165.27

9 Sector-4 Chowk Double 2400x3200mm 2 2.4 3.2 15.36 165.27

10 At Panjiri Palnt

Laxman Vihar Double 2400x3200mm 2 2.4 3.2 15.36 165.27

11 Doltabad Chowk Single 7600x3800mm 1 7.6 3.8 28.88 310.75

12 Emeralds bay

Society Single 7600x3800mm 1 7.6 3.8 28.88 310.75

13 Near Dhanwapur

Chowk Single 7600x3800mm 1 7.6 3.8 28.88 310.75

14 Near Government

School Single 7600x3800mm 1 7.6 3.8 28.88 310.75

15 Near ATS Society Single 7600x3800mm 1 7.6 3.8 28.88 310.75

16

Near Dhankot

Chowk on NPR at

9000 R.D

Single 7600x3800mm 1 7.6 3.8 28.88 310.75

17

Near Dhankot

Chowk on NPR at

9500 R.D

Single 7600x3800mm 1 7.6 3.8 28.88 310.75

Zone-II

18

Main Maharana

partab Chowk

LHSNear MDI

corner

Single 3000x4500mm 1 3 4.5 13.5 145.26

19

Opp Max life

Insurance Nh-8

towards Delhi

(parallel to Road

Udyog vihar

phase-IV)

Single 3000x4500mm 1 3 4.5 13.5 145.26

20

Sec-17-18 road

LHS near corner

of LIC office

(Green Belt)

Double 2400x3200mm 2 2.4 3.2 15.36 165.27

21

Sec-17-18 road

LHS towards NH-8

Near State Bank

Academy Gurukul

Gurgaon

(Size20’x10’)

Single 2400x3200mm 1 2.4 3.2 7.68 82.64

22

Opp. Krishna

Furniture Atul

Kataria Chowk (

In front of Krishna

Furniture)

Single 5000x2500mm 1 5 2.5 12.5 134.50

23

Near DAV School

Gate Sec-14 RHS

(Single Side

Parallel to Road)

Single 7600x3800mm 1 7.6 3.8 28.88 310.75

24

Main Maharana

Pratap Chowk

near Subhash

Park (At the

corner of park

Parallel to road)

Single 7600x3800mm 1 7.6 3.8 28.88 310.75

25 Near Jhamb Guest

house Single 3000x4500mm 1 3 4.5 13.5 145.26

Zone-III

26

In fornt of Huda

C.G.H.S society

on Ghata Road

Double 3000x4500mm 2 3 4.5 27 290.52

27

In front of HVPNL

office on SPR

Road

Single 3000x4500mm 1 3 4.5 13.5 145.26

28

Near Sec-56

Police check post

m SPR Road

Double 3000x4500mm 2 3 4.5 27 290.52

29

On SPR Road 200

Mtr shed from

Police Check Post

towards G.F Road

Double 3000x4500mm 2 3 4.5 27 290.52

30

On SPR Road 400

Mtr ahead from

Chowk

Double 3000x4500mm 2 3 4.5 27 290.52

31

On SPR Road 200

Mtr before toward

to Sohna Road

Double 3000x4500mm 2 3 4.5 27 290.52

32 On Chowk of SPR

and G.F Road Double 3000x4500mm 2 3 4.5 27 290.52

33

Section between

Katchra Chowk to

Marble Market

100 Mtr before

Metro track

towards to

Katchra Chowk

within 1 Kilometer

Double 5000x2500mm 2 5 2.5 25 269.00

34

Section between

Katchra Chowk to

Marble Market

100 Mtr before

Metro track

towards to

Katchra Chowk

within 1 Kilometer

Double 5000x2500mm 2 5 2.5 25 269.00

35

Road from

Katchra Chowk to

Marbal Market

Double 5000x2500mm 2 5 2.5 25 269.00

36 Park Plaza round

about Double 5000x2500mm 2 5 2.5 25 269.00

37 Near Ardee City

Mall Sec-52A Double 5000x2500mm 2 5 2.5 25 269.00

38 Neelkanth

Hospital M.G Road Double 5000x2500mm 2 5 2.5 25 269.00

39 Sikenderpur Ghosi

- M.G Road Double 5000x2500mm 2 5 2.5 25 269.00

40 M.G. Road Entry Double 5000x2500mm 2 5 2.5 25 269.00

41 Plaza Solitaire

Mall M.G Road Single 5000x2500mm 1 5 2.5 12.5 134.50

42 Near DLF City

Court M.G Road Double 5000x2500mm 2 5 2.5 25 269.00

43 Near DLF City

Court M.G Road Double 5000x2500mm 2 5 2.5 25 269.00

44 Arya Samaj Road,

Sector-40 Double 5000x2500mm 2 5 2.5 25 269.00

45 Rajesh Pilot Road Double 5000x2500mm 2 5 2.5 25 269.00

46 Rajesh Pilot Road Double 5000x2500mm 2 5 2.5 25 269.00

47 Rajesh Pilot Road Double 5000x2500mm 2 5 2.5 25 269.00

48 Rajesh Pilot Road Double 5000x2500mm 2 5 2.5 25 269.00

Zone-IV

49

In front of Street

Electric Pole

Number 3513 in

front of Ireo

Society

Double 5000x2500mm 2 5 2.5 25 269.00

50

Near Subhas to

Honda Chowk

road (Left)

Double 2400x3200mm 2 2.4 3.2 15.36 165.27

51

Subhas Chowk to

Honda Chowk

Opp. Uniworld

(Resort)

Double 5000x2500mm 2 5 2.5 25 269.00

52

Subhas Chowk to

Honda Chowk

Opp. Today

(Resort)

Double 5000x2500mm 2 5 2.5 25 269.00

53

Hero Honda

Chowk in front of

inlead (Near

petrol pump)

Double 5000x2500mm 2 5 2.5 25 269.00

54

Sector-51,

Samaspur Road T

point

Double 2400 mm X

3200 mm 2 2.4 3.2 15.36 165.27

55

Sector-52 Near

Jawahar CGHS

(Parallel to Road)

Double 5000x2500mm 2 5 2.5 25 269.00

56

Sector-52 opp.

Jawahar CGHS

(Parallel to Road)

Double 5000x2500mm 2 5 2.5 25 269.00

57 Near Wazirabad

Red Light Double

2400 mm X

3200 mm 2 2.4 3.2 15.36 165.27

58

Near Xavier

School Chowk

(In Beside)

Double 5000x2500mm 2 5 2.5 25 269.00

59

Near Xavier

School Chowk (On

PP side)

Double 5000x2500mm 2 5 2.5 25 269.00

60

Near Subhas

Chowk Opp.

Omaxe

celebration

Double 5000x2500mm 2 5 2.5 25 269.00

61

Opp. Central

Park-II, Sohna

Road (Parallel to

Road)

Double 5000x2500mm 2 5 2.5 25 269.00

62

100 Mtrs. Inside

from SPR Entry

from NH-8 (Move

to Edge)

Double 5000x2500mm 2 5 2.5 25 269.00

63

400 Mtrs. DLF

Corporate Green

Gate

Double 5000x2500mm 2 5 2.5 25 269.00

64

150 Mtrs. DLF

Corporate Green

Gate

Double 5000x2500mm 2 5 2.5 25 269.00

65

350 Mtrs. DLF

Corporate Green

Gate(at the Edge

of right of way)

Double 5000x2500mm 2 5 2.5 25 269.00

66 Opposite Vatika

City Existing 17 E Double 5000x2500mm 2 5 2.5 25 269.00

67 Near Omera fuels

on Right of Way Double 5000x2500mm 2 5 2.5 25 269.00

68

Near Joint

Commissioner of

Police Crime

Office, sector-52

Double 2400 mm X

3200 mm 2 2.4 3.2 15.36 165.27

69

City Centre

Sector-47

(Parallel to Road)

Single 2400 mm X

3200 mm 1 2.4 3.2 7.68 82.64

Total 1643.08 17679.50

Note:

The licensee shall install only on the earmarked sites identified/audited as per direction of

Hon’ble High Court. Any violation shall result in immediate cancellation of the contract without

any prior notice.

The above locations shall be marked at the time of installation of unipoles

1.4 Specifications of Unipole

1.4.1 The location, area of display, no. of sides of display alongwith unipoles newly installed

for 69 unipole is attached at 1.3.1.

1.4.2 All 69 Unipoles will be newly installed by the agency at his own cost.

1.4.3 All 69 unipoles will become property of MCG in case of premature termination of

agreement.

1.4.4 No generator running on diesel/petrol/kerosene or any bio fuel would be allowed for

providing power for illumination but Solar panel shall be used for illumination of

advertisements.

1.4.5 It shall be imperative on the licensee to honor, in letter and spirit, all the existing

judgments of the Hon’ble Supreme Court of India & Hon’ble High Courts on the subject

and especially in the case of CWP 7639 of 1995 Nimit Kumar V/s Union of India, M.C.

Mehta case, COCP No. 2695 of 2012, Bhupinder Singh V/s Ram Niwas & others.

1.4.6 The unipole will be installed as per criteria laid down as under:-

a). While installing the structure or during the contract period, the advertiser/

licensee shall not cause any damage to any street furniture/pavement of the

street, in any manner whatsoever, and shall strictly abide by the guidelines

contained in the Haryana Municipalities Outdoor Advertisement Policy 2010.

b). The unipole shall be structurally sound and maintained in good and properly

secured condition.

1.4.7 The licensee shall be responsible for any injury or damage caused to or suffered by

any person or property arising out of or relating to the Unipole and the consequential

claim or claims shall be borne by the licensee who will also indemnify and safeguard

the MCG in respect of any such claim or claims.

SECTION 2: GENERAL TERMS AND CONDITIONS

2.1 TECHNICAL QUALIFICATION CONDITIONS

2.1.1 TECHNICAL AND FINANCIAL QUALIFICATION CONDITIONS

The bidder can be an individual (except minor), a Proprietor, partnership firm,

registered co-operative society, public or private limited company incorporated under the

provisions of Indian Companies Act, 1956. The bidder should be legally competent to enter

into contract as per prevailing laws. Only those bidders meeting both the following capability

criteria will be “Technically Qualified” for the project and will be considered further.

a) Technical Capability

i.) Should have experience of running or managing advertisement job for 3 years and

ii.) The bidder (company or individual director) shall not be blacklisted/ debarred from any

Municipal Corporation of the state or by any other Municipal Corporation of India or by

any Department/Board/Corporation of Govt. of India or of any State Govt. or any PSU”

and an affidavit shall be submitted in this regard on a stamp paper of Rs. 100/- and

iii.) The bidder is required to submit an undertaking that they will give full compliance to

all Technical Parameters of Haryana Municipalities Outdoor Advertisement Policy 2010

directions of Hon’ble Courts issued from time to time as well as byelaws, being framed

in future.

b) Financial Capability

i.) Annual average turnover of during the last 03 years, ending 31st March of the previous

financial year, should be atleast 30% of the estimate cost i.e. 14320395.00

ii.) The net worth be considered as 80% of the tendered value of the advertisement for 6

Months i.e. 38187720.00

iii.) An additional condition that there shall not be any pending dues payable to Municipal

Corporation Gurgaon on account of advertisement fee by the bidding company including

its Director (s)/ Partner (s)/ Proprietor (s) even if any director (s)/ partner (s)/

Proprietor (s) of the bidding company have been involved in any other company in the

past or at present against whom dues to be paid to Municipal Corporation Gurgaon are

pending. An affidavit thereof shall be submitted by the bidding company in this regard

which shall be considered as a part of eligibility criteria. The financial bid of defaulter

advertising bidder or Director (s)/ Partner (s)/ Proprietor (s), in case dues pending to be

paid to Municipal Corporation, Gurgaon shall be rejected.

The Minimum quoted rate should be more than Rs. 450/- per Sq.ft. as Rs. 450/- Sq.ft. is

the reserve price of bid document.

2.1.2 Explanations for the purpose of Technical Qualification

2.1.2.1 The bidder must submit completion certificate for each of the experience claimed

issued by the client and adequate documentation (like certification from clients, letter

of acceptance, agreement etc.) for running contracts.

2.1.3. Net Worth will be calculated as follows:

In case of a Company, Net worth = (Paid up Share Capital) + (Reserves and

Surpluses) - (Revaluation of Reserves + Intangible Assets + Miscellaneous expenditure

to the extent not written off + Accumulated Losses).

Any other asset/liability appearing in the Balance sheet and contingent liabilities

affecting the Net worth shall be taken into account by MCG to compute the net worth.

In case of a Partnership firm net worth = the contribution by each partner taken

together in the capital of the firm - (Accumulated Losses + Intangible Assets + any

other expenditure to the extent not written off).

In case of Proprietorship, the net worth = capital of the proprietor + profit –

(Accumulated Losses + Intangible Assets + any other expenditure to the extent not

written off).

A Chartered Accountant should certify individual Net worth statement only and

in the case of companies by the Statutory Auditor of the company only.

2.1.4.3 The Bidder must submit Audited Annual Reports, Balance Sheet and Profit Loss

Accounts with Schedules forming part of annual accounts of the last 3 (three)

years.

2.2 BIDS BY CONSORTIUM

In case of a bid by a consortium of firms:

2.2.1 There can be a maximum of only three members in a Consortium.

2.2.2 The Technical Financial capabilities of only those members with equity stake equal to

or greater than 26% in the Consortium shall be considered relevant for evaluation

(Relevant Members). It is clarified that the technical experience and financial

capabilities of any other group company, or holding company or subsidiary company of

any bidder/ consortium member shall not be considered for evaluation unless such

company is also a part of the consortium with minimum 26% stake in the shareholding

of the consortium.

2.2.3 The Consortium as a whole must satisfy both the Technical and Financial capability

requirements given in Clause 2.1.1 and 2.1.3.

2.2.4 Each Consortium must specify the proposed equity shareholding nominate a lead

member of the Consortium. This shall be enshrined in the Memorandurn of Agreement

(MOA) signed by all Consortium members and submitted along with this bid as per

Annexure 8.

2.2.5 If the successful bidder is a consortium of firms, the License Agreement shall be signed

with entire Consortium i.e. all the Consortium Members shall be party to the License

Agreement. The Consortium may be allowed to promote and incorporate a Special

Purpose Company (SPC) to implement the Project, subsequent to the signing of the

License Agreement but the SPC need not be a Party to sign the Agreement. However,

before floating an SPC the Consortium shall have to furnish Power of Attorneys by all

the members of the consortium in favour of their officials to enter into the MOU for the

SPC. The SPC can be permitted only by way of convenience to the consortium

members. For the functional aspects the SPC will become the operating company of

the project, but the Consortium members shall continue to be responsible and liable

for due performance of all the obligations and responsibilities assumed by them under

the Agreement.

2.2.6 There will be no change in the Consortium’s proposed shareholding structure in the

submitted tender, till the Completion of the Project. If there are changes in the

Consortium structure before completion, the bidder/ licensee must take prior approval

of MCG. MCG reserves the right not to give such approval. No claim compensation or

damages on this account will be entertained by MCG.

2.2.7 The Relevant Members of the Consortium shall together maintain a minimum equity

stake of 51% of the aggregate shareholding of the Special Purpose Company at all

times. Any deviation from the above shareholding structure shall expressly be with the

prior consent of MCG. Further, any change in the equity shareholding pattern of the

Special Purpose Company during the license period resulting in a change in

management control shall be notified to MCG and prior permission taken which will not

be unreasonably denied. As and when the SPC is created and entrusted the task of

implementing the project, the constitutional documents of the SPC and Board

Resolutions authorizing the execution, delivery and performance of such tasks will

have to be submitted to MCG.

2.2.8 All members of the Consortium shall be liable jointly and severally, for the execution of

the project in accordance with the terms of the License Agreement.

2.2.9 Any individual bidder or a member of a Consortium bidding in this tender cannot be a

member in an other consortium and participate in this tender.

2.3 ASSIGN ABILITY and ENCUMBRANCES

2.3.1 Except for the sub-licensing the use of the built space, facility as per the terms of this

Agreement, the successful bidder (Licensee) shall not assign any of its rights, or

interest in this License Agreement in favour of any company/person(s) at any time and

for any reasons whatsoever.

2.3.2 Under no circumstance, the sites shall be mortgaged, charged or otherwise any lien

(including negative lien), charge or encumbrance be created or agreed to be created in

favour of any person, including Lenders I Financial Institution(s) / Banks etc.

2.4 STATUTORY CLEARANCES

2.4.1 The licensee shall comply with and abide by the judgments passed from time to time

by the Hon’ble Supreme Court of India or the Hon’ble Punjab & Haryana High Court

having hearing upon the subject of display of advertisement. Instructions issued by

MCG for complying with such judgments have to be followed by the Licensee. If any

location conflicts with any judgments or any provision of any law the licensee may

seek an alternative location from MCG. In case of any dispute regarding charging of

license fee for the affected period the decision taken by the Commissioner,

Municipal Corporation, Gurgaon shall be final and binding on the Licensee. No claims or

compensation or damages whatsoever will be entertained by MCG on this account.

2.4.2 The licensee will be fully responsible for the aesthetic maintenance of all the Unipoles,

installed by him. All Unipoles to be put up shall have to comply with standard safety

norms. No claims or compensation or damages whatsoever will be entertained by MCG

on this account.

2.4.3 The licensee will adhere to all provisions of the Haryana Municipal Corporation Act 1994

and amendments thereto, Haryana Municipalities Outdoor Advertisement Policy 2010

and also comply with all notices and circulars issued from the office of MCG which also

includes order of Hon’ble courts from time to time as well as byelaws if framed in

future.

2.5 RIGHT TO REJECT TENDERS

2.5.1 MCG reserves the right to reject any / all tenders including the highest tender or

withdraw the site of the tender at any stage without assigning any reasons. Nothing

contained herein shall confer right upon a bidder or any obligation upon MCG.

2.5.2 No claims or compensation or damages whatsoever will be entertained by MCG on this

account.

2.6 MISREPRESENTATION / FRAUD/ BREACH OF TERMS AND CONDITIONS

If it is discovered at any point of time that the bidder has suppressed any fact

or given a false statement or has done misrepresentation or fraud or has violated any

of the terms of this bid, the bid will be cancelled by the MCG. In such an event, the

bidder will not be entitled to any compensation whatsoever, or refund of any other

amount paid by him.

2.7 EARNEST MONEY DEPOSIT AND INTEREST FREE PERFORMANCE SECURITY

2.7.1 The Earnest money deposit shall be 2% of the estimated cost of tender i.e. Rs. Ten

Lacs only (Rs. 10 Lacs) and performance security shall be 10% of the estimate value

of the tender i.e. Rs. forty Eight Lacs only.(Rs. 48 Lacs).

2.7.2 Any bid, which is not accompanied by the requisite Earnest Money Deposit shall be

rejected outright.

2.7.3 The EMD submitted by the successful Bidder may be adjusted against the license fee.

2.7.4 The EMD of the other bidders shall be returned in accordance with clause 3.11.2.

2.7.5 The EMD shall however be forfeited in the following cases:

a) If the bidder withdraws its proposal (offer) during the interval between the Proposal Due Date and expiration of the Proposal Validity Period;

b) If the successful bidder fails to unconditionally accept the Letter of Acceptance in writing, within the time specified in this document, or any extension thereof granted

by MCG;

c) If the successful bidder fails to sign the License agreement and/or make the performance security within the time specified in this document, or any extension

thereof granted by MCG

2.7.6 Interest Free Performance Security

The successful bidder shall have to deposit the Performance security equivalent to the

license fee corresponding to 2 months quoted by successful bidder in the form of

Bank Guarantee in favor of Commissioner, Municipal Corporation Gurgaon drawn on

any scheduled commercial nationalized bank acceptable to MCG and payable at

Gurgaon before issue of acceptance letter.

2.7.7 The said Performance Security will be kept valid till the end of the License Period. The

Performance Security would however be forfeited in case of any Event of Default/

breach of agreement/tender conditions as described in the Draft License Agreement or

anywhere else.

2.8 BID PREPARATION COST

The Bidder shall be responsible for all the costs associated with the preparation

of its Bid and its participation in the bidding process, including all types of due

diligence in the process. MCG will not in any way be responsible or liable for such

costs, regardless of the conduct or outcome of bidding.

2.9 VALIDITY OF OFFER

2.9.1 The bid shall remain valid for a period not less than Ninety (90) days from the date of

opening of financial bid (Offer Validity Period). MCG reserves the right to reject any bid

that does not meet this requirement. Validity of proposal shall be extended for a

specified additional period at the request of MCG.

2.9.2 A bidder agreeing to the request will not be allowed to modify the bid, but would be

required to extend the validity of its EMD for the period of extension.

2.10 DISPUTES

2.10.1 All disputes between the successful bidder and MCG shall be settled as per the Dispute

Resolution procedure elaborated below. During the bidding process no dispute of any

type would be entertained. Where MCG asks for additional information from any

bidder, the same cannot be adduced as a reason for citing any dispute.

2.10.1.1 Conciliation

Any dispute or claim arising out of or relating to the License agreement or breach of any

terms or conditions of the License Agreement shall first be attempted to be settled by

Conciliation.

Except where otherwise provided for in the License Agreement, all questions and disputes

arising between the parties pertaining or relating to License Agreement directly or

indirectly connected with License Agreement shall in the first place be referred to a sole

conciliator to be appointed by Commissioner, MCG. There will be no objections if the

conciliator so appointed is an employee of MCG.

The conciliator shall make the settlement agreement after the parties reach agreement and

shall give an authenticated copy thereof to each of the parties.

The settlement agreement shall be final and binding on the parties. The settlement

agreement shall have the same status and effect as an arbitration award.

The views expressed or the suggestions made or the admissions made by either party in the

course of conciliation proceedings shall not be introduced as evidence any arbitration

proceedings.

Any dispute that cannot be settled through conciliation procedure shall be referred to

arbitration in accordance with the procedure given hereafter.

The parties agree to comply with the awards resulting from arbitration and waive their rights

to any form of appeal insofar as such waiver can validly be made.

2.10.1.2 Arbitration

a) Arbitration Procedure

If the efforts, to resolve all or any of the disputes through conciliation fail, then such a

dispute shall be referred within 7 days to a Sole Arbitrator who would be nominated by

Commissioner, MCG. The venue of such arbitration shall be at Gurgaon. The award of

the sole Arbitrator shall be binding on all parties. The cost of Arbitration shall be borne

by the respective parties. There will be no objections if the sole arbitrator nominated

or appointed is an employee of MCG and may have remained associated with operation

of license agreement in any capacity.

b) Place of Arbitration

The place of arbitration shall be Gurgaon.

c) Language

The request for arbitration, the answer to the request, the terms of reference, any

written submissions, any orders and awards shall be in English and, if oral hearings

take place, English shall be the language to be used in the hearings. The award shall

be made in writing.

d) Enforcement of Award

The Parties agree that the decision or award, which shall be a speaking order,

resulting from arbitration shall be final and binding upon the Parties and shall be

enforceable in accordance with the Provision of the Arbitration and Conciliation

Act subject to the rights of the aggrieved parties to secure relief from any higher

forum.

e) Performance during Arbitration

The Arbitration Proceedings shall be governed by Indian Arbitration and Conciliation

Act 1996, as amended from time to time including provisions in force at the time the

reference is made. Pending the submission of and/or decision on a Dispute and until

the arbitral award is published, the Parties shall continue to perform their respective

obligations under this Agreement without prejudice to a final adjustment in accordance

with such award.

f) The courts at Gurgaon shall have the sole exclusive jurisdiction to try all the cases

arising out of this agreement.

Notices

That any notice under the terms of this License shall be in writing by registered post or

delivered personally and signed by the party or his/its duly authorized representative giving

such notice. All activities including day-to-day management, billing, termination etc. will be

carried out from the office of the Commissioner, MCG or by his duly authorized

representative. Notice shall be addressed as follows:

Commissioner Municipal Corporation, Gurgaon, C-1, Infocity, Sector-34, Gurgaon-122001,

Haryana INDIA

If to the LICENSEE, at Address as given by licensee in tender document.

2.11 COMMUNICATION WITH MCG

Communication/correspondence to MCG will be done by a nodal member of licensee,

throughout the license period.

SECTION - 3: TENDERING SCHEDULE

3.1 PREPARATIONS AND SUBMISSION OF PROPOSAL

Proposal including technical & financial bids should be submitted in the forms

prescribed under this section and relevant annexure in Section 4.

3.1.1 Complete proposals shall be accepted only up to 1500hrs on scheduled date. Executive

Engineer VI, Municipal Corporation, Gurgaon who at his sole discretion, retains the

right, but is not under any obligation to extend the Proposal Due Date, by issuing an

corrigendum.

3.1.2 Bidders shall furnish the information strictly as per the formats given in Section 4 of

this document and without any ambiguity. MCG shall not be held responsible, if the

failure of any bidder to provide the information in the prescribed formats results in lack

of clarity in interpretation and consequent disqualification.

3.1.3 All proposals/bids/offers shall be signed by the duly Authorised Signatory of the Bidder.

Bidders shall submit a supporting Power of Attorney authorizing the Signatory of the

Proposal to commit the Bidder and agreeing to ratify all acts, deeds and things lawfully

done by the said attorney.

3.1.4 The proposal shall be initialed on each page by the Authorized Signatory in acceptance

of all terms and conditions of this tender. He shall also initial all the alterations,

omissions, additions, or any other amendments made to the Proposal.

3.1.5 All witnesses and sureties shall be the persons of status and probity and their full

names and addresses shall be stated below their signature. All signatures in the

Proposal documents shall be dated.

3.1.6 Bidders are required to submit only one set of the Proposal, including the Original

TENDER DOCUMENT online in acceptance of all terms and conditions of this tender.

Any individual, firm or company, which submits or participates in more than one

Proposal for the said project, shall be disqualified. All the bidders will be sent

clarifications to queries, till the date. The queries received after the date will not be

entertained by MCG. All the bidders are requested to monitor the MCG website for the

same.

3.2 PAYMENTS TO MCG

3.2.1 Licensee shall have to pay first installment of the license fee corresponding to 2

months in advance within 15 days of issue of LOI. The first advance payment of the

amount for 2 months will have to be deposited before the signing of Agreement.

Subsequent payments shall be made in installment at interval of 2 months & same

shall be submitted 15 days prior to due date.

3.2.2 Any delay in payments in the preceding clauses shall entail payment of interest @15%

per annum on the amount outstanding, for the days of default. Delays beyond 30

days of the due dates for recurring payment milestones will be treated as Licensee

Events of Default. In such an eventuality MCG retains the right to forfeit Performance

Security and claim damages from the licensee and even terminate the agreement as

mentioned in the Performance Security clause of the Draft License Agreement.

3.3 LANGUAGES AND CURRENCY

3.3.1 The Proposal and all related correspondence and documents shall be written in English

language.

3.3.2 The currency for the purpose of the Proposal shall be the Indian National Rupee (INR).

3.4 BIDDERS RESPONSIBILITY

3.4.1 It would be deemed that prior to the submission of Proposal, the Bidder has made a

complete and careful examination of:

i.) The requirements and other information set forth in this Tender document.

ii.) All the sites, existing facilities, encumbrances on every site and structures, access

roads and utilities in the vicinity of every site.

iii.) All other matters that might affect the Bidders performance under the terms of this

TENDER DOCUMENT, including all business potential, risks, costs, liabilities and

contingencies associated with the project and that proposals/ bids/offers have been

signed by the bidder or the duly authorized signatory of the bidder.

3.4.2 MCG shall not be liable for any mistake or error or neglect by the Bidder in respect of

the above. Proposals/ bids that are not substantively responsive to the requirements of

this TENDER DOCUMENT will be rejected.

3.5 MODIFICATIONS AND WITHDRAWAL OF PROPOSALS.

3.5.1 No Proposal/bids shall be modified or withdrawn by the Bidder after the bids have

been locked.

3.6 OPENING OF BIDS

3.6.1 The Technical bids and financial bids will be opened as per schedule given online.

3.6.2 MCG reserves the right to reject any Proposal and forfeit the EMD, if

a) The information and documents have not been submitted as requested and in the formats specified in the tender document.

b) There are inconsistencies between the Proposal and the supporting documents. c) It does not mention the validity period as set out in Clause 2.7. d) It provides the information with material deviations, which may affect the scope or

performance of the Project.

e) There are conditions proposed with the Technical and/or Financial Proposals.

3.6.3 A material deviation or reservation is one:

a. Which affects in any substantial way, the scope, quality, or performance of the Project, or

b. Which limits in any substantial way, inconsistent with the TENDER DOCUMENT, MCGs rights or the Bidders obligations, or

c. Which would affect unfairly the competitive position of other Bidders presenting substantially responsive bids.

3.6.4 No request for modification or withdrawal shall be entertained by MCG in respect of

such Proposals.

3 .7 EVALUATION OF PROPOSAL

The evaluation will be done in 2 stages as explained below

3.7.1 In Stage - I, the “ED Envelope” shall be first checked. Proposals without the

appropriate EMD will be rejected. Thereafter, “TI Envelope” containing the Technical

Qualification Documents submitted by the Bidders will be opened. The Tenders not

meeting the prescribed technical and financial capability criteria as per clause 2.1 will

be rejected. All bidders passing Stage -l evaluation shall be treated at par for

evaluation of Financial Bids.

In Stage-II of evaluation, the financial bids in “CI Envelope” of only those

bidders who have passed Stage I shall be opened by MCG who have passed Stage-I.

Bidders shall be ranked HI, H2, H3, etc. in decreasing order of their financial offers.

The selection will be on the basis of the highest License fee (HI) for the said work

3.7.2 Even if only a single bid is received and is technically qualified or a single bid amongst

several is technically qualified; MCG retains the right to open his financial bids and

award the project.

3.7.3 MCG would have the right to review the Proposals and seek clarifications where

necessary. The response from the Bidder(s) shall only be in writing but no change in

the substance of the Proposal would be permitted. It is clarified that bidders are free to

make suggestions but are not allowed to submit any conditional bid as specified

earlier.

3.7.4 Financial Proposals of Bidders who do not qualify the Stage-I of evaluation will not be

opened.

3.7.5 MCG reserves the right to reject any tender if it is of the opinion that the bidder lacks

the expertise, experience and is not in possession of requisite infrastructure required

for the purpose of the project. The discretion of the competent authority of MCG in this

respect shall be final and binding on all bidders.

3.8 ACCEPTANCE OF THE OFFER

3.8.1 MCG shall issue Letter of Acceptance (LOA) to the successful bidder.

3.8.2 The selected bidder is required to send their unconditional acceptance of LOA within

seven (7) days from the date of issue of LOA.

3.8.3 MCG shall retain the right to withdraw the LOA in the event of the selected bidder’s

failure to accept the LOA unconditionally within the limit specified in the above clause.

In this event, MCG shall forfeit the EMD of the selected bidder. Conditional acceptance

of LOA will also lead to forfeiture of EMD.

3.9 EXECUTION OF LICENSE AGREEMENT

3.9.1 The successful bidder is required to sign the License Agreement within 15 days of

conveying their unconditional acceptance of the LOA to MCG in writing. But prior to

signing of the Agreement, the Bidder must satisfy the following conditions, MCG shall

not execute the License Agreement until these conditions have been satisfied.

i) The Bidder has submitted the requisite Performance Security to MCG.

ii) The Bidder has submitted certified true copies of all resolutions adopted by its/their

Board of Directors authorizing it/them for execution, delivery and performance of this

Agreement to MCG before the signing of this License Agreement.

iii) The Bidder has submitted the advance license fee.

3.9.2 Failure to meet these conditions will result in a breach and MCG shall be entitled to

cancel the award without being liable in any manner whatsoever to the Bidder and to

forfeit the EMD and any other amount deposited till that time as Damages.

3.9.3 The cost of stamp duty for execution of License Agreement, registration charges and

any other related Legal Documentation charges and incidental charges will be borne by

the successful bidder.

3.9.4 In case of failure to sign the License Agreement within the stipulated time, MCG shall

retain the right to cancel the Award and forfeit the bidder’s EMD and any other amount

deposited till that time without being liable in any manner whatsoever to the Bidder.

3.10 AMENDMENT OF TENDER DOCUMENT

3.10.1 At any time prior to the Last date for its submission, MCG may, for any reason,

whether at its own initiative or in response to clarifications requested by a Bidder,

modify the TENDER DOCUMENT through the issuance of Corrigendum. This will be sent

in writing to all the Bidders and shall be binding upon them. These will be uploaded on

mcg.etenders.in website. Bidders are required to be in touch with MCG website.

3.10.2 In order to give the Bidders reasonable time, in which to take an Corrigendum into

account, or for any other reason, MCG may, at its discretion, extend the Proposal Due

Date.

3.11 UNSUCCESSFUL BIDDERS

3.11.1 MCG shall return the EMD received from the bidders who are not qualified in the

Stage- I of the evaluation, within 90 (Ninety) days of opening of the Technical bid. The

EMD shall be returned without payment of any interest.

3.11.2 EMD received from all the short-listed unsuccessful bidders after Stage-II of evaluation

shall be returned within a period of 90 (Ninety) days from the date of opening of

financial bid, and returned thereafter signing of agreement which ever is earlier,

without payment of any interest

3.12 Penalty:

Licensee will be penalized up to Rs.10, 000/- per offence by MCG in addition to any

other criminal liability under any law of Govt. of India or Govt. of Haryana on the

following offense:

• Late payment of MCG dues including interest accrued due to late payment. The

licensee must deposit license fees in advance by the due date. No excuse of non/late

receipt of bill/invoice will be entertained as the payment has to be made in advance.

• Not following the instructions of the MCG regarding Advertisements even after 1 day

from the date of issue of notice.

• Any staff of licensee found in drunken condition/indulging in bad conduct.

• Any staff of the licensee found creating nuisance on duty

• Sticking of stickers or hanging of banners or any other form of presentation other than

allowed.

• Improper maintenance defacement of the advertisement, Hanging of wires etc.

• Dishonor of drafts and Cheques given by Licensee in favour of Commissioner, MCG.

• Misbehavior with staff of MCG.

• Not following safety and security norms as may be indicated by authorised

representative of MCG.

• Not following instructions issued by MCG from time to time and other violations of the

contract agreement.

• Using of additional area without prior approval of MCG.

3.13 Deduction of Dues:

MCG reserves the right for deduction of MCG dues from Licensee’s security amount on

the following grounds:

a) Any amount imposed as a fine by MCG for irregularities Committed by the Licensee. b) Any amount which MCG becomes liable to the Government /Third party on behalf of

any default of the Licensee or any of his/her/their servant/agent/ employees or staff.

c) Any payment/fine made under the order/judgment of any court/consumer forum or law enforcing agency or any person working on his behalf.

d) Any other outstanding amount.

Once the amount under this clause is debited, the Licensee shall reimburse the security

deposit to the extent the amount is debited within 15 days of such debit by MCG (Licensor)

failing which it will be treated as breach of agreement and may lead to termination of

agreement with forfeiture of all amounts including interest free security deposit in favour of

MCG

3.14 Joint Inspection:

Periodical joint inspections will be conducted by MCG with the Licensee and in case of

any discrepancy or beaches of instructions issued by MCG, the MCG reserves the right

to impose fine of Rs.10, 000/- (Rs. Ten thousands only) per irregularity.

3.15 Repeated violations to result in cancelation:

For repeated violation of instructions, breach of agreement, MCG has the right to

cancel the agreement at the risk and cost of the Licensee, including forfeiture of

interest free Security deposit.

3.16 Power to waive fines:

The power to waive fines and penalty vests with Commissioner, MCG or his authorized

representative.

3.17 License to be non-transferable:

The license for Advertising rights is not transferable.

3.18 Compliance of statutory /labour laws:-

a. The Licensee shall comply with all the provisions of statutory laws, Labor Laws

regulation in force including but not limited to the Contract Labor (Regulation

&Abolition) Act, 1976, any subsequent amendment thereof and the rules made there

under. Licensee will indemnify the MCG for any loss and damages suffered due to

violation of its provision.

b. The Licensee shall bear the service tax as may be applicable from time to time.

3.19 All other laws to be applicable:

The Licensee shall comply with all applicable laws of land, including Pollution Control

Board guidelines and MCG can’t be held liable for any change/modification in these

laws which adversely affect this tender. No claim or compensation on this account will

be entertained.

3.20 Selection of Advertisements:

The Licensee shall take into account the following aspects while selecting

advertisements for the licensed Unipoles:

1. The advertisement is prohibited from carrying information or graphic or other items

relating to alcohol and tobacco products.

2. The advertisement will have no objectionable and indecent portrays of people,

products or any items. The advertisements should not hurt the sentiments of any

group or groups of the society. It should comply with the provision of Haryana outdoor

advertisement policy 2010.

3. The use of MCG’s name, logo or title without the licensor’s prior permission is strictly

prohibited. No co-branding with the Licensor is allowed, without prior permission.

3.21. Indemnification of MCG against loose/damages:

Fixing arrangements should be such that these should not damage the structures. Any

loss or damage caused due to this to any men’s property or life, the licensee will be

solely responsible and liable to fine/penalty as per actual. The licensee must take third

party insurance cover, the licensee agrees and undertakes to indemnify and hold

the MCG (licensor) harmless against any and all liabilities, Losses, damage,

claims, expenses suffered by the MCG (licensor) as a result of not taking such

insurance cover by the licensee. The licensee shall also strictly abide by any safety

guidelines as may be issued by MCG from time to time.

3.22 Prior approval of MCG before fixing:

The structures of Unipoles and the advertisements their on to be placed should have

the prior approval from MCG at all times before fixing /placing these at the approved

sites by the licensee.

3.23 Some reserved Rights:

a) I/we understand, comprehend and also agrees that MCG reserves the right to issue

changes, modifications to the terms and conditions, revise the document altogether or

even cancel or put on hold the tender process by open announcement before the date

and time of submission of the tender. I/we agree voluntarily not to contest this issue

or seek any claim or compensation on this account.

b) Licensee shall comply with and abide by the judgments passed from time to time by

Hon’ble Supreme Court/High Court or any other judicial/quasi judicial body of the

country.

c) I/we shall not ask for any claim or seek any compensation from MCG if any

advertisement spaces are not permitted due to any restrictions imposed

permanent/temporary by the court or civil authorities. In such cases licensee may

seek for alternative bare spaces in confirmation with any restrictions imposed

permanent/temporary by the court or civil authorities.

d) MCG have the right to auction/allot additional Advertisement rights by way of any

mode of Advertisement.

3.24 SURRENDER/TERMINATION OF LICENSE:

The contract can be surrendered or terminated by giving 3 (three) months notice. In

both situations the performance security of the licensee will stand forfeited. The

unused license fee for the rest of period will also not be refunded. Part surrender or

termination of license will not be accepted. On surrender by licensee, all the

advertisement media and structure will automatically become the property of MCG.

3.25 Subletting of Rights

At no time subletting of rights for advertisement to any other party / other advertising

agencies /outdoor agencies or out of home advertising agencies would be permissible

under this agreement.

4. Force Majeure

Neither MCG nor the LICENSEE shall be liable for any inability to fulfill their

commitments and obligations hereunder occasioned in whole or in part by Force

Majeure, Any of the following events resulting in material adverse effects hall

constitute a Force Majeure Event

a. Earthquake, flood, inundation, landslide; b. Storm, tempest, hurricane, cyclone, lightning, thunder or other extreme atmospheric

disturbances;

c. Fire caused by reasons not attributable to the Licensee; d. Acts of terrorism; and e. War, hostilities (whether war be declared or not), invasion, act of foreign enemy,

rebellion, riots, weapon conflict or military action or civil war;

f. Strikes or boycotts, other than those involving the Licensee, its contractors or their

employees, agents, etc.; and

g. Any other similar things beyond the control of the Party except Court Order/Judgment.

Such Force Majeure occurrence shall be notified to the other party within 15

days of such occurrence. If such Force Majeure continues for a period of three months,

the other party may be entitled to, through not being obliged to terminate this

agreement by giving a notice of one week to the other party. Such Force Majeure

occurrence shall be notified to the other party within 15 days of such occurrence. If

such Force Majeure continues for a period of three months, either party may be

entitled to, though not being obliged to terminate this agreement by giving written

notice to such effect

5.0. Assets to become property of Licensee upon completion:

At the expiry of tenure of license period, all Unipoles and their fixing arrangement

along with Server room equipments and other infrastructure will become the property

of licensee. Licensee shall get the unipoles removed from the site within 15 days.

If the licensee fails to do so within a grace period of 15 days from the date of

natural completion, because of any reason, of the License Agreement, the Licensee

shall be deemed to be an unauthorized / illegal occupant of the said sites and will be

liable to pay a penalty at a rate of thrice the prevailing license fee for the entire period

of such occupation along with the applicable annual license fees. The security deposit

of the licensee will be released after adjustment of any kind of dues. Upon natural

completion display of advertisement must be stopped immediately.

6.0. Assets to become property of MCG Upon premature termination:

All Unipoles and their fixing arrangement along with Server room equipments

and other infrastructure will become the property of MCG. Licensee is required to

hand over all such facilities to MCG in good working condition. The licensee shall not

tamper with the same or change their configuration. In case of failure MCG reserves

the right to seek exemplary damages and indemnification.

If the licensee fails to do so within a grace period of 30 days from the date of

premature termination, because of any reason, of the License Agreement, the Licensee

shall be deemed to be an unauthorized / illegal occupant of the said sites and will be

liable to pay a penalty at a rate of thrice the prevailing license fee for the entire period

of such occupation along with the applicable annual license fees. The security deposit

of the licensee will stand forfeited in favour of MCG. Upon termination, display of

advertisement must be stopped immediately.

7.0 Notices

That any notice under the terms of this License shall be in writing by registered post or

delivered personally and signed by the party or his/its duly authorized representative

giving such notice. All activities including day-to-day management, billing, termination

etc. will be carried out from the office of the MCG or by his duly authorized

representative. Notice shall be addressed as follows:

If to MCG at COMMISSIONER, Municipal Corporation Plot No. C-1, Infocity, Sector-34,

Gurgaon-INDIA

If to the LICENSEE, at (Address as given by licensee in tender document.)

ANNEXURE – I

LETTER OF APPLICATION

(To be submitted and signed by the Bidders authorized signatory)

To

Executive Engineer-VI

C-1, Infocity, Sector-34,

Municipal Corporation,

Sub: Allotment of rights for installation, operation and maintenance of 69 Unipoles at

identified sites in the area of Municipal Corporation, Gurgaon for display of

advertisements for a period of 6 months.

Sir,

1. I/we _____________ being duly authorized to represent and act for and on behalf of (herein the bidder), and having studied and fully understood all the information

provided in the bid document, the undersigned hereby apply as a bidder for allotment

of rights for installation, operation and maintenance of 69 UNIPOLES at identified sites

in the area of Municipal Corporation, Gurgaon for display of advertisements for a

period of 6 months according to the terms conditions of the offer made by MCG.

2. Our Technical and Financial Bid as per the requisite formats along with the supporting documents, duly filled and signed on each page are enclosed in envelopes as specified

in the tender document.

3. The Earnest Money Deposit is enclosed in the “ED Envelope” marked Earnest Money Deposit.

4. MCG and its authorized representatives are hereby authorized to conduct any inquiries / investigation to verify the statements, documents and information submitted in

connection with the tender and to seek clarification from our banker regarding any

financial and technical aspects. This letter of tender will also serve as authorization to

any individual or authorized representative of any institution referred to the supporting

information, to provide such information deemed necessary and requested by your

selves to verify statements and information provided in the tender or with regard to

the resources, experience and competence of the bidder.

5. MCG and its authorized representatives may contact the following persons for any further information:

Name of the person (s):..

Address:.

Phone: ; Fax:

6. This tender is made with full understanding that: a) Bids will be subject to verification of all information submitted at the time of

tendering.

b) MCG reserves the right to reject or accept any bid, cancel the bidding process, and / or reject all bids.

c) MCG shall not be liable for any of the above actions and shall be under no obligation to inform the bidder of the same.

7. I/we the undersigned declare the statements made, and the information provided in the duly completed tender forms enclosed, are complete, true and correct in every

detail.

8. I/we hereby confirm that I/we have read, understood and accepted all the detailed terms and conditions of this TENDER DOCUMENT and Project related Information as

required for the tender. I/we have also visited the project site for the assessment and

have made our own due diligence and assessment regarding the project.

9. I/we agree to keep our offer valid for 90 (Ninety) days from the date of opening of the financial bid thereof and not to make any modifications in its terms and conditions,

which are not acceptable to the MCG. I/we hereby agree to abide by and fulfill all the

terms, conditions and provisions of the aforesaid documents.

10. I/we hereby confirm that this tender is made with the full understanding that the validity of bids submitted by me/us will be subject to verification of all information,

terms and conditions submitted at the time of bidding and its final acceptance by

MCG. I/we agree that, without prejudice to any other right or remedy, MCG shall be

at liberty to forfeit the said EMD absolutely.

11. I/we hereby confirm that I/We agree to abide by the Haryana Municipal Corporation Act 1994 & amendments thereof and the Haryana Municipalities Outdoor

Advertisement Policy 2010

Authorized signatory Date:

Name and seal of Bidder Place:

Encl:

1. Power Of Attorney For Signing Of Tender

2. Relevant Submissions as per the given Formats

ANNEXURE - 2

GENERAL INFORMATION OF THE BIDDER

(a) Name :

(b) Country of Incorporation:

(c) Address of the corporate headquarters and its branch office(s), if any, in India.:

Details of individual(s) who will serve as the point of contact / communication for MCG within

the Company:

Name :

Designation :

Company :

Address :

Telephone Number :

Fax Number :

E-Mail Address :

Web Site:

Signed

(Name of the Authorized Signatory)

For and on behalf of

(Name of the Bidder)

Designation :

Place :

Date :

Annexure 3

SUMMARY OF TECHNICAL CAPABILITY

Allotment of rights for installation, operation and maintenance of 69 Unipoles at identified

sites in the area of Municipal Corporation, Gurgaon for display of advertisements for a period

of 6 months.

Name of Bidder Name / Title of

Contract executed / on

hand

Name of the

Client / Employer

Cost of Contract

(Rs. Cr.)

Year of

Completion

1

2

3

4

5

Total

Note :

1. Figures may be provided for the past three years starting from 2012-13.

2. The Bidder should provide a Completion certificate for each completed contract from the Client / employer duly signed by Statutory Auditors.

3. For ongoing contracts the bidder should submit duly certified copy of letter of award/acceptance, copy of agreement, and proof of continuation of contract from the

client.

4. In the absence of requisite details, the information would be considered inadequate and may lead to exclusion of the particular project(s) in evaluation of Technical

Capability.

Signed

(Name of the Authorized Signatory)

For and on behalf of

(Name of the Bidder)

Designation

Place:

Date:

Annexure 4

FINANCIAL CAPABILITY OF BIDDER

(Rs. Crores)

Particulars/ Accounting Year 2011-12 2012-13 2013-14

1. Authorised Share Capital

2. Paid up Share Capital (excluding Share Application Money and Preference Shares)

3. Reserves and Surpluses (excluding

revaluation reserves)

4. Intangible Assets, Misc. Expenses not

written off, Accumulated Losses

5. Net Worth (2+3-4)

6. Turnover from relevant activities as per Clause 2.1.1 (b)

7. Debt mobilized during the year

Note:

1. Attach certified copies of Annual Audited Balance Sheets and IT Returns Certificate for the past 3 years.

2. Attach Certificate duly signed by the Statutory Auditors depicting year-wise

mobilization.

Signed Signature of CA/ Statutory Auditors

(Name of the Authorized Signatory) (with seal & registration no.)

For and on behalf of

(Name of the Bidder)

Designation

Place:

Date:

ANNEXURE - 5

FORMAT FOR FINANCIAL PROPOSAL

(to be submitted and signed by the Bidders authorized signatory)

To

Executive Engineer-VI

C-1, Infocity, Sector-34,

Municipal Corporation Gurgaon.

Sub:- Allotment of rights for installation, operation and maintenance of Unipoles at identified

69 sites in the area of Municipal Corporation, Gurgaon for display of advertisement for

a period of 6 months.

Sir,

We hereby submit our Financial Offer for the captioned project. If the project is

awarded to us, we agree to make the following payments to MCG as per the terms given in

the TENDER DOCUMENT.

1. Our quoted License fee has been submitted in “CI Envelope” as Rs. /

Sqft. /month amounting to Rs. per month (for 17679.50 sqft)

2. We are making this offer after taking into consideration all the terms and conditions stated in the TENDER DOCUMENT, and after careful assessment of the site, all risks

and contingencies and all other conditions that may affect the financial proposal.

We agree to keep our offer valid for 90 days from the date of opening of financial bid

of this Proposal.

Authorized signatory Date:

Name and seal of Bidder Place:

ANNEXURE 6

AFFIDAVIT

(To be given by the Bidder on Stamp Paper of Rs. 10)

I, …………………………... S/o. …………………………………, resident of …………………..... ………………..., the

……………………….. (insert designation) of the ------------------------------------------------------

--------, do solemnly affirm and state as follows:

1. I say that, I am the authorised signatory of. (insert name of company) (hereinafter referred to as Bidder) and I am duly authorized by the Board of

Directors of the Bidder to swear and depose this Affidavit on behalf of the bidder.

2. I say that, I have submitted information with respect to our eligibility for Gurgaon Municipal Corporations (hereinafter referred to as MCG) for allotment of rights for

installation, operation and maintenance of 69 unipoles at identified sites in the area of

Municipal Corporation, Gurgaon for display of advertisements for a period of 6 months

and I further state that all the said information submitted by us is accurate, true

and correct.

3. I say that, we hereby also authorize and request any bank, authority, person or firm to furnish any information, which may be requested by MCG to verify our

credentials/information provided by us under this tender and as may be deemed

necessary by MCG.

4. I say that if any point of time including the license period, in case MCG requests any further/additional information regarding our financial and/or technical capabilities, or

any other relevant information, we shall promptly and immediately make available

such information accurately and correctly to the satisfaction of MCG.

5. I say that, we fully acknowledge and understand that furnishing of any false or misleading information by us in our bid shall entitle us to be disqualified from the

tendering process & cancellation of license agreement along with penalties proposed in

the agreement of this project. The costs and risks for such disqualification shall be

entirely borne by us.

6. I state that all the terms and conditions of the TENDER DOCUMENT have been duly complied with.

DEPONENT

VERIFICATION:-

I, the above named deponent, do verify that the contents of paragraphs 1 to 6 of this affidavit

are true and correct to my knowledge. No part of it is false and nothing material has been

concealed .

Verified at ………………….. on this ………..... day of 2015

DEPONENT

ANNEXURE - 7

FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF TENDER

Know all men by these presents, we (name and address of the registered office) do hereby

constitute, appoint and authorize Mr./Ms. (name and residential address) who is presently

employed with us and holding the position of as our attorney, to do in our name and on our

behalf, all such acts, deeds and things necessary in connection with or incidental to our bid for

the project envisaging construction of the Project in the country of India. Including signing

and submission of all documents and providing information/responses to MCG, representing

us in all matters before MCG, and generally dealing with MCG in all matters in connection with

our bid for the said project.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney

pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid

attorney shall always be deemed to have been done by us.

For.

Accepted

(Signature)

(Name, Title and address) of the Attorney

Note:

The mode of execution of the Power of Attorney should be in accordance with the procedure,

if any, laid down by the applicable law and the charter documents of the executants(s) and

when it is so required the same should be under common seal affixed in accordance with the

required procedure.

Annexure - 8

DRAFT LICENSE AGREEMENT

THIS AGREEMENT entered into at Gurgaon on this _________________________

2014, between MCG having its office at Commissioner, Municipal Corporation, C-1,

Infocity, Sector-34, Gurgaon - 122001 (Haryana) India, hereinafter referred to as the

‘Licensor’ (which expression shall unless repugnant to the context mean and include it’s

successors and assigns) of the First Party

AND

M/s.____________________________, having its Registered office at,

_____________________________, hereinafter referred to as the ‘Licensee’ which

expression shall unless repugnant to the context or meaning thereof include the successors

and assigns of the Second Party

WHEREAS

MCG has invited Tender Application Form for Allotment of rights for installation, operation and

maintenance of 69 UNIPOLES at identified sites in the area of Municipal Corporation, Gurgaon

for display of advertisements for a period of 6 months.

NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND

BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. The following documents shall be deemed to form part and be read and construed as part of this agreement, namely:

a. Tender Document/Tender Application Form (TAF) b. Letter of Acceptance c. General terms and conditions

2. All conditions of Tender Document/ Tender Application Form (TAF) are applicable.

3. Provision of Haryana Municipal Corporation Act, 1994 Haryana Municipalities Outdoor Advertisement Policy 2010 and any byelaws framed in future & shall have overriding

effect in case of any conflict between the above document and the said Act and Policy.

That the LICENSOR on behalf of MCG and LICENSEE represent and warrant that they are

empowered, authorized and able to make this agreement. In witness whereof the parties

hereto have caused this agreement to be signed in their respective hands as of the day and

year first before written.

IN WITNESS WHEREOF THE, PARTIES HAVE EXECUTED AND DELIVERED THIS AGREEMENT

AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED SEALED AND DELIVERED

For and on behalf of MCG by: - For and on behalf of the Concessionaire by:-

In the presence of In the presence of

1) Commissioner, MCG 1)

2) Executive Engineer 2)