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Jun 29, 2018 - https:/iocletenders.nic.in under two bid system from indigenous bidders as per the following ..... related to any communication sent in...

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TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

Technical / Commercial Bid

Tender No. HCC/CC-01/PT-47/2018-19 (e-tender ID: 2018_MKTHO_77409)

for PUBLICITY CAMPAIGN OF PMUY THROUGH OUTDOOR MEDIA

Indian Oil Corporation Limited (MD) Indian Oil Bhavan G-9, Ali Yavar Jung Marg Bandra (East) Mumbai –400051 Page 1 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

INDEX SN 1. 2. 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1

DESCRIPTION PAGE NOS. Notice Inviting e-Tender 3 List of documents required to be uploaded 20 Important guidelines to tenderers 22 Special terms and conditions of contract 24 ANNEXURES Scope of Work- Annexure A (Details attached separately) 39 Schedule of Rates – Annexure B (Details attached separately) 40 Statement of Credentials – Annexure C (Details attached 41 separately) Standard declarations – Annexure D 42 List of Board of Directors – Annexure E 45 Proforma for declaration for Black listing/ Holiday Listing – 47 Annexure F Proforma for tender not tampered- Annexure G 49 Form of Bank Guarantee for EMD – Annexure H 50 Bank Guarantee Proforma in lieu of Security Deposit – Annexure I 52 Proforma for non engagement of child labour- Annexure -J 54 Form of contract – Annexure-K 55 Integrity Pact Agreement – Annexure L 58 Declaration for experience in outdoor advertising business68 Annexure M Declaration for number of cities- Annexure N 69 Declaration for number of client –Annexure O 70 Declaration for bidder regarding submission of multiple bids – 71 Annexure P Format for bank mandate - Annexure Q 72 Definitions and Abbreviations – Annexure R 74 PRICE BID Price schedule – BOQ file Attached separately

Page 2 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

INDIAN OIL CORPORATION LTD MARKETING DIVISION HEAD OFFICE CONTRACT CELL NOTICE INVITING e- TENDER Indian Oil Corporation Ltd. Invites electronic bids through its website https:/iocletenders.nic.in under two bid system from indigenous bidders as per the following details NIT NO. / Name of the Work HCC/CC-01/PT-47/2018-19 (e-tender ID: 2018_MKTHO_77409) Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

Downloading period (both days inclusive ) From 1600 hrs of 19.06.2018 up to 1600 hrs of 16.07.2018

Contact Person (Tel No./ E-Mail id with Designation) Designation: Chief Manager (Contracts) Contact No.: +912226447893 Email-ID: [email protected]

Any addendum/corrigendum/sale date extension in respect of above tender shall be issued on our website: www.iocletenders.nic.in only and no separate notification shall be issued in the press. Bidders are therefore requested to regularly visit our website to keep themselves updated.

Page 3 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

NOTICE INVITING E-TENDER Indian Oil Corporation Limited invites electronic bids through its website https://iocletenders.nic.in under two-bid system for the work as detailed below from indigenous bidders fulfilling the qualifying requirements as stated hereunder. 1.

TENDER NO.

:

2.

E-Tender ID

3.

NAME OF WORK

4.

LOCATION OF WORK

5.

ESTIMATED VALUE OF WORK

6.

TENDER FEE

:

7.

EARNEST MONEY DEPOSIT

:

HCC/CC-01/PT-47/2018-19 2018_MKTHO_77409

:

Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media in the states of Karnataka, Gujarat, & Odisha; in the cities of Mumbai & Delhi; and at 26 airports As per detailed Scope of Work (Annexure A) and Schedule of Rates (Annexure B) given in this tender Rs. 293.91 crore (inclusive of GST )for a period of one year

Nil Bidders are required to download the tender documents free of cost from IOCL e-tender website (https://iocletenders.nic.in) Rs. 82, 22,850 (Rs. Eighty Two lakhs Twenty Two thousand and Eight Hundred and Fifty only) EMD should be deposited as detailed below :  Online EMD payment through Net Banking or NEFT/RTGS or Bank Guarantee.  Bank Guarantee as an instrument towards Earnest money deposit shall be accepted only if amount of EMD is not less than Rupees One lakh. For detail about process of payment of online EMD, bidders shall refer “ Special Instructions to the Bidder Page 4 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

(SITB) ” and “ FAQs - Online EMD Facility in IOCL eTendering ” documents attached separately along with the tender. Offline EMD payment through Demand Draft (DD), Bankers Cheque (BC) and Swift Transfer shall not be accepted. In case of Bank Guarantee, bidder will upload scanned copy of BG as exemption document. Original BG shall be sent by the bidders / bank to Tender Issuing Authority as mentioned in the tender. Original BG should reach to Tender Issuing Authority clearly mentioning the tender reference no. HCC/CC01/PT-47/2018-19 and e tender no. 2018_MKTHO_77409 within 7 working days from the date of opening of technical bid at the address given below: SUBHENDU CHOWDHURY CHIEF MANAGER (CONTRACT) INDIAN OIL CORPORATION LTD(MARKETING DIVISION) HEAD OFFICE,CONTRACT CELL,5 TH FLOOR INDIAN OIL BHAVAN,G-9,ALI YAVAR JUNG MARG BANDRA (EAST),MUMBAI Only those physical BG instruments found matching with the copy submitted in the e-portal shall be considered as valid. Acceptance of BG. 1. Bank Guarantee for value up to Rs Two Crores can be accepted if it is issued by an Indian Branch of any Scheduled Bank appearing in the Second Schedule to the RBI Act of 1934. 2. BG for value above Rs Two Crores can be accepted is it is issued by an Indian Branch of Page 5 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

i) ii)

Bank

Any Nationalized / PSU Bank appearing in the Scheduled Banks list or Any Scheduled Bank (other than a Nationalized / PSU Bank) having at least Desired Credit rating at the time of acceptance of the BG.

If the Tenor of BG is more than 1 year, credit rating of In case of ‘A’ of foreign Moody’s or equivalent banks

If the Tenor of BG is up to 1 year, credit rating of ‘P-1’ of Moody’s or equivalent i.e, highest short term rating

In case of ‘AA’ of CRISIL ‘A-1+’ of CRISIL Indian Bank or equivalent or equivalent i.e. highest short term rating. 3. As on date, the following are the credit rating agencies approved by SEBI. (i) CRISIL Limited (www.crisil.com) (ii) Fitch Ratings India Private Limited (www.fitchratings.com) (iii) ICRA Limited (www.icra.in) (iv) Credit Analysis & Research Ltd. (CARE) (www.careratings.com) (v) Brickwork Ratings India Private Limited (www.brickworkratings.in) (vi) SME Rating Agency of India Ltd. (SMERA) (www.smera.in) Bank Guarantee towards EMD should be valid for 07 Page 6 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

(seven) months from the date of opening of technical bid. If needed, validity of BG should be extended by the party / Bank. The name, designation and authorized signatory number of the bank officials signing the BG should be mentioned with their signature on the BG. This applies for renewal, amendments and revalidation of BGs also. Bank Guarantee should be submitted as per enclosed proforma only by the Tenderer. BG may be received directly either from the bank or the vendor through any mode (Registered post/Speed Post/Courier or by hand). If BG towards EMD is submitted in any manner other than aforesaid, the Tender is liable to be rejected. If the original BG instrument is not received by the due date and time as specified above, the bid shall be summarily rejected. Exemption from submission of EMD: a. Parties registered with any of the following agencies/bodies as per Public Procurement Policy for Micro & Small Enterprises(MSE) Order 2012 are exempted categories from payment of EMD provided that the registration certificate issued by any one of these below mentioned agencies must be valid as on close date of tender . Micro, Small or Medium Enterprises who have applied for registration or renewal of registration with any of these agencies/bodies but have not obtained the valid certificate as on close date of tender are not eligible for exemption. i. District Industries Centre(DIC) ii. Khadi and Village Industries Commission (KVIC) Page 7 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

iii. Khadi and Village Industries Board iv. Coir Board v. National Small Industries Corporation (NSIC) vi. Directorate of Handicraft and Handloom vii. Udyog Aadhar Memorandum (UAM) viii.Any other body specified by Ministry of MSME Note: Against UAM, copy of acknowledgement generated online shall be acceptable b. PSUs (Central & State) and JVs of IOCL. Are exempted from submission of EMD. A copy of the EMD instrument or exemption certificate in case of exempted categories shall be uploaded along with clear scanned copies of required documents to substantiate the claim towards their credentials along with the tender documents in the appropriate link. Tenderers not paying online EMD or not uploading valid exemption certificate / scan copy of valid BG on or before tender submission, date and time will be summarily rejected. 8.

TENDER DOWNLOAD PERIOD FROM e-TENDER PORTAL: a) Starts on : 19.06.2018 @ 1600 HRS. b) Ends on

9.

10.

PRE BID MEETING

:

16.07.2018 @ 1600 HRS.

29.06.2018 @ 1100 HRS at the below mentioned address: Indian Oil Corporation Limited IndianOil Bhavan G9, Ali Yavar Jung Marg, Bandra (E) Mumbai – 400051 SUBMISSION OF TENDER IN e-TENDER PORTAL: a) Starts on : 11.07.2018 @ 1600 HRS. b) Ends on

:

:

16.07.2018 @ 1600 HRS. Page 8 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

11. 12.

13.

14.

15. 16.

DUE DATE FOR OPENING OF TENDER: Opening of Tender 17.07.2018 @ 1600 HRS. (Technical Bid Only) TENDER VALIDITY : Offer shall be valid for 180 Days from the date of opening of technical bid. In case of requirement, IOCL may seek further extension of the validity of the offer from the bidders. NUMBER OF PARTIES Requirement of parties for the work is as given below: REQUIRED S. Nature of work No. of Area of work No. Parties required 1. Publicity 2 parties As per Scope of campaign of Work (Annexure A) Pradhan Mantri and Schedule of Ujjwala Yojana Rates (Annexure B) (PMUY) through Work will be outdoor media allotted in the in the states of ratio of 70:30 after Karnataka, following the Gujarat, & process as detailed Odisha; in the in the tender. cities of Mumbai & Delhi; and at 26 airports PERIOD OF CONTRACT

WORK COMPLETION TIME MODE OF TENDER

Initially for a period of 1 year. The contract may be extended by another year on mutually agreed terms and conditions and subject to satisfactory completion of the job.

:

However, confirmation of continuity of work order will be done on quarterly basis subject to satisfactory completion of the job in the previous quarter. As per tender conditions You may please note that this is an e-Tender and can only Page 9 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

SUBMISSION 17.

INTEGRITY PACT & IEM

be downloaded and submitted in the manner specified in ‘Special Instructions to bidders for participating in etender’ attached separately in this tender Details of IEM’s are available in URL: https://www.iocl.com/Talktous/IntPact.aspx Submission of duly signed Integrity Pact agreement, along with Tender is a mandatory prerequisite for Bids to be eligible for further evaluation. The Integrity Pact Agreement consists of (1) Covering letter from the bidder to IOCL and (2) Integrity Agreement consisting of 10 (Ten) articles. Bidders should mandatorily sign and submit the complete Integrity Pact Agreement consisting of both the Covering letter as well as the Integrity Agreement consisting of 10 articles in order to be eligible for further evaluation in this tender. The signed IP should be complete in all respect and is required to be uploaded in the e-tender portal along with the Bid. Bid not having the duly signed IP agreement attached with it will be given one opportunity before summarily rejected. Partial submission of IP document will also not be considered .

18.

CONTACT PERSON

S. Chowdhury, Ch. Mgr. (Contracts), 022-26447893, email: [email protected]

20. PRE QUALIFICATION & EVALUATION CRITERIA A. Tender will be finalized based on the Quality cum Cost Based tendering (QCBT). B. The evaluation of the proposals shall be carried out in two steps; first the quality (Stage I, II and III) and then the financial bid. The bidders will be scored on quality (technical parameters) and financial bid in the ratio of 70:30. C. Parties meeting Pre- Qualification criteria (Stage- I) will be evaluated for Stage II (Quantitative Assessment) and Stage III (Pitch Presentation). Score will be given on Page 10 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

Technical Bids, which will comprise scores on basis of documents submitted and pitch presentation. D. There shall be no purchase preference or relaxation in evaluation criteria for MSE and start-ups. 20.1 Stage I – Pre Qualification Criteria S. No

Parameter

Criteria

1. Incorporation The bidder should be a registered Indian Company under “The Company Act, 1956” / Partnership firm/ Proprietorship firm with minimum experience of 2 years in Outdoor Advertising Business.

2

Annual Turnover

Audited Annual turnover should be minimum INR 15 Crore per year for each of preceding two financial years i.e. FY 2015-16 and 2016-17

3

Experience

A. The bidder should have conducted outdoor campaigns (any of the item as mentioned in Scope of Work ) in at least 20 cities out of which at least 2 should be metro cities in the preceding two years to be reckoned from due date of bid submission.

Evidence to be Submitted Bidder has to submit the Certificate of Incorporation / partnership deed / Undertaking for Propriety Firm as applicable. Self declaration from bidder certifying that he has minimum experience of 2 years in Outdoor Advertising Business Bidder has to submit copy of audited financial statements, including balance sheets, P/L account for the years as sought. Bidder has to submit Declaration duly signed by authorized signatory and certified by Chartered Accountant/ Auditor on the company letterhead regarding the same. It should be supported by proof of work for 20 cities either through single /multiple WOs along with relevant completion certificates from the clients, duly certified by statutory auditor/ Chartered Accountant in support of his claim.

Page 11 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

B. The bidder should have undertaken the job of outdoor advertising with at least 5 listed companies (whose equity shares are listed on NSE/BSE as on due date of submission of tender) and/or Ministry/ Departments of Government of India (directly or through any PSU) in the preceding two years

4

Not in Holiday Listings / Blacklisting (The bidder should not

Bidder has to submit Declaration duly signed by authorized signatory and certified by Chartered Accountant/ Auditor on the company letterhead regarding the same. The bidder has to submit the copy of any single WO/ agreement for each client and its completion certificate issued by the client duly certified by statutory auditor/ Chartered Accountant in support of his claim. C. The bidder should have Bidder has to submit copy of undertaken and completed the such single WO of value of more contract of outdoor advertising than Rs.7 Crore and its (any of the item as mentioned in completion certificate issued by Scope of Work) with a single WO the client duly certified by value of more than Rs. 7 Crore statutory auditor/ Chartered with any listed companies Accountant in support of the and/or Ministry/ Departments claim. of Government of India (directly In case of work orders from or through any PSU) as clients in private listed parties, certificate from Chartered Accountant the preceding two years to be certifying the value of work done reckoned from due date of bid with TDS certificate/bank submission. statement shall be required in addition to the documents specified above. Completion certificate should contain the required details like contract value, executed value, date of completion. The bidder should not have been Self Declaration in Bidder’s letter banned from participating in head as per format given in this tenders or on holiday list / black list tender document. at the time of bidding by either IndianOil/HPCL/BPCL or its Administrative Ministry (Ministry of Page 12 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

have been Petroleum and Natural Gas). banned from participating in tenders or on holiday list / black list at the time of bidding.) (Note: Self declarations for the criteria mentioned above has to be submitted as per formats given in this tender document.) All the credential documents submitted against the prequalification criteria defined above should be in the name of the bidder only. Notwithstanding any other condition/ provision in the tender documents, in case of ambiguity or incomplete documents pertaining to PQC, bidders shall be given only one opportunity with a fixed deadline after bid opening to provide complete & unambiguous documents in support of meeting the PQ criteria. In case the bidder fails to submit any document or submits incomplete documents within the given time, the bidder’s tender will be rejected. 20.2 Stage II – Quantitative Assessment (40 marks) Quantitative Assessment will be done on basis of the documents submitted by the agencies as detailed below: S. No. A (i)

Criteria

Document to be submitted

Work executed by the firm Value of single Work Bidder has to submit Order for similar works copy of WO/ completed with listed agreement duly companies and/or signed by authorized department of Govt. of signatory and India / PSU completed in certified by the preceding two years Chartered to be reckoned from due Accountant/ Auditor date of bid submission and its completion (Bidder should submit certificate issued by only a single order the client. against this parameter.)

Max Marks 10

Scale of Marking Less than Rs.7 Crore – Nil Marks More than Rs.7 Crore and upto Rs.8 Crore – 2 Marks More than Rs.8 Crore and upto Rs.9 Crore – 4 Marks More than Rs.9 Crore and upto Rs.10 Crore – 6 Marks More than Rs.10 Crore and upto Rs.11 Crore – 8 Marks More than Rs.11 Crore – 10 Marks Page 13 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

S. No.

Criteria

B (i)

Financial Creditability Financial turnover in any of the last two preceding financial years i.e. 201516 and 2016-17. (The higher turnover of any of the last two years as per submitted audited financial statements shall be considered)

C (i)

No. of cities covered Total no. of cities across India in which outdoor campaign were handled by the bidder in the preceding two years reckoned from the due date of bid submission.

D

Client Profile

(i)

Number of Govt. organization/ PSUs as clients in the preceding two years reckoned from the due date of bid submission, subject to

Document to be submitted

Max Marks

Scale of Marking

Audited financial statement including balance sheets, P/L accounts for the years as sought

10

Less than Rs. 15 crore – Nil More than Rs.15 Crore and upto Rs.30 Crore – 2.5 Marks More than Rs.30 crore and upto Rs. 45 Crore – 5 Marks More than Rs.45 crore and upto Rs. 60 Crore – 7.5 Marks More than Rs.60 Crore – 10 Marks

The bidder has to submit proof of work for 20 cities either through single /multiple WOs along with relevant completion certificates from the clients duly certified by statutory auditor/Chartered Accountant in support of his claim.

10

Less than 20 cities – 0 More than 20 and upto 25 2 Marks More than 25 and upto 30 4 Marks More than 30 and upto 35 6 Marks More than 35 and upto 40 8 Marks More than 40 - 10 Marks

Bidder has to submit copy of WO/ agreement duly signed by authorized signatory and certified by

10

Less than 2 clients – 0 marks 2 clients - 2 Marks 5 clients – 5 Marks 7 clients – 7 Marks 10 clients or more – 10 Page 14 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

S. No.

Criteria minimum 2 such clients

TOTAL

Document to be submitted Chartered Accountant/ Auditor and its completion certificate issued by the client.

Max Marks

Scale of Marking Marks (1 marks for each client)

40

A. The bidders will be evaluated on the criteria defined above and ranked according to marks obtained in Stage II. B. All agencies scoring 34 marks and above out of 40 (85%) in the Stage II shall qualify for pitch presentation (Stage III). The agencies shall be ranked in order of merit basis the marks obtained in Stage II. C. If there is a tie in the score, the bidder with the highest turnover in any of the last two years (i.e. FY 2015-16 and 2016-17) as submitted against turnover criteria shall get a higher ranking. 20.3 Stage III- Qualitative Assessment (60 marks) Further evaluation of the eligible bids will be done based on the following criteria: Sr. 1 2

Assessment Criterion Maximum Points Presentation on strategy for outdoor campaign 15 Presentation for providing innovative ideas for outdoor 15 advertising solutions 3 Monitoring mechanism for quantity and quality of the 15 outdoor displays 4 Presentation on outdoor media Planning, buying and 10 execution 5 Strength of client servicing and support teams 5 Total 60 (The bidder must submit the complete media plan of hoardings along with relevant supporting documents to support his claim of the plan as desired in the scope of work during the time of presentation).

Page 15 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

20.4

A) The financial proposal (price bid) of only those technically qualified bidders will be opened who score at least 85 marks in technical bid cumulatively (out of 100) i.e cumulative score in Stage II and Stage III. Offers will be evaluated on QCBT (Quality cum Cost Based Tendering) basis as mentioned below: The total (combined) score shall be arrived at by weighing the quality and cost scores and adding them (based on the weighted score for quality and cost) as per the formula mentioned below : Combined score of Bidder A, SA = TA / Thigh x X + Llow/LA x (1 – X) Where SA = Combined score of Bidder A TA = Techno-commercial score of Bidder A Thigh = Highest Techno-commercial score LA = Evaluated Bid Price of Bidder A Llow = Lowest of all evaluated Prices among responsive bids X = Weightage of Techno-Commercial Bid (0.7)

For the purposes of calculating the relative price bid score, the amount quoted in the BoQ by the shortlisted bidders will be taken into consideration. Sample calculation of Combined Techno – Commercial and Price Bid Evaluation for such evaluation for a sample tender where Weightage of 30% for price bid and 70% for technocommercial bid has been provided with cut-off marks as 70, combined ‘Score (S)’ is arrived at based on the following formula:

Page 16 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

B. The firm with the highest total (combined) score as explained above will be ranked as H1 followed by the proposals securing lesser marks as H-2, H-3 etc. The proposal securing the highest combined marks and ranked H-1 will be invited for negotiations, if required, to finalize the lowest accepted rate (L1) for H1. C. The lowest accepted rate for H1, with or without negotiations, shall be offered to the H2 bidder for matching in case their quoted rate is higher than the finalized lowest accepted rate for H1. In case the rate quoted by H2 is lower than the finalized H1 rate, then the Corporation reserves the right to negotiate with the H1 bidder D. In case H2 bidder is unwilling to match the rates offered, then the rates will be offered to H3 for matching and so on. E. In case no qualified bidder is willing to match the finalized H1 rates, then the entire quantity will be awarded to the H1 bidder. F. In case, combined Techno-Commercial & Price Bid score of two (2) or more bidders are identical, then the bidder scoring higher Price Bid score would be considered as the successful bidder. Page 17 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

G. In case of identical Techno-Commercial & Price Bid scores, revised price implication as discount on earlier quoted price shall be obtained. In the event of further tie, party with the highest turnover in any of the last two financial years (i.e 2015-16 and 2016-17), shall be considered as the successful bidder. H. The award of total job shall be in the ratio of 70:30 for H1: H2. Sites at each location will be awarded in the ratio of 70:30 to H1: H2, rounded off to the nearest integer as decided by the Oil Marketing Companies. In case of any fraction or imbalance, then the decision of the Corporation will be final and binding on the bidders. I. The tender shall initially be for a period of one year and may be extended for one more year on mutually agreed terms & conditions. However, confirmation of continuity of work order shall be done on a quarterly basis subject to satisfactory review in the previous quarter. OTHER POINTS: 1) Tenderers to please note carefully the schedule for Pre-Bid Conference since all the clarifications, if any, with regard to Technical/ Commercial conditions shall be given therein. Tenderers are advised to ensure that their queries must reach by e-mail addressed to the Contact person as specified in NIT at least two working days in advance for this purpose. Tenderers may also note that after the clarifications are given against the points discussed in Pre Bid conference, no further deviation shall be permitted and such clarifications shall be binding on all bidders. All prospective bidders are requested to attend the Pre Bid conference. 2) Each tenderer can submit only one bid: It is clarified that if any person submits more than one bid, either individually or in any combination of persons (individual capacity, proprietor, affiliates ,partnership, association of persons, Company ) , then all such multiple bids shall be liable for rejection. (a) A person shall for this purpose mean to include proprietor, any partner, association of persons, affiliate and company. (b) A company shall for this purpose include any artificial person whether constituted under the laws of Indian or of any other country. (c) A person shall be deemed to have bid in a partnership format or in association of persons format if he is a partner of the firm which as submitted the bid or is a member of any association of persons which has submitted a bid. (d) A person shall be deemed to have bid in a Company format if, the person holds more than 10% (ten percent) of the voting share capital of the company which has submitted a bid, or is a Director of the Company which has submitted a bid, or holds more than Page 18 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

10% (ten percent) of voting share capital and/or is a Director of a holding Company which has submitted the bid e) Bids from Consortium or MOU parties shall not be accepted. f) All bidders must submit a self-declaration (in the format attached in this document at Annexure P that they have submitted one bid only 3) Any Addendum/ Corrigendum/ Sale Date Extension in respect of the tender shall be issued on our website https://iocletenders.nic.in only & no separate notification shall be issued in the press. Bidders are therefore requested to regularly visit our website to keep themselves updated. 4) All bidders must login and visit their DASHBOARD on regular basis to get the timely updates related to any communication sent in the form of e-mail/SMS by system 5) Legal dispute, if any, arising during the evaluation of the tender shall be within Mumbai jurisdiction 6) Please visit our website https://iocletenders.nic.in for further details of this tender. 7) Bidders may note that the following are attached separately and uploaded in the etendering portal: a) Special Instructions to bidders for participating in e-tendering b) FAQ’s –online EMD facility in IOCL e-tendering and c) Format for Acceptance of Tender Terms and Conditions

Page 19 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

LIST OF DOCUMENTS REQUIRED TO BE UPLOADED Complete Tender Document should, inter-alia, be accompanied with clear scanned copies (in PDF format) of the following, which should be uploaded with authorized digital signature: a) b) c) d) e) f) g) h) i) j) k)

l)

Company profile with supporting documents pertaining to its constitution like Partnership Deed/ Certificate of Incorporation/Undertaking for proprietary firm Self declaration for minimum experience in outdoor advertising as per format at Annexure M Audited balance-sheets of the specified financial years i.e. FY 2015-16 and 2016-17. Declarations for outdoor campaign in cities and outdoor advertising with listed companies as per format at Annexure N along with supporting documents as per requirement specified in Pre-qualification and Stage II criteria of tender. Copy of work order of value specified against experience criteria and all supporting documents as per requirement specified in Pre-qualification and Stage II criteria of tender Self declaration of holiday listing in format as per as per requirement specified in tender as per Annexure F Documents and declarations as per requirement in Stage II criteria as mentioned above. GST registration certificate Copy of PAN Card Integrity Pact agreement alongwith covering letter in totality (Annexure L) Following Undertakings (in prescribed format) are to be uploaded : i) Undertaking of bidders for acceptance of tender terms and conditions – Annexure D ii) Undertaking for non engagement of child labour – Annexure J iii) Undertaking that bidder has not tampered with tender documents – Annexure G iv) Format for bank mandate along with cancelled cheque v) Any other Undertaking /Declarations – Annexure D Power of Attorney in favour of the person signing the tender documents. In case of Proprietary Concern





If the bid is submitted by the proprietor, no POA required. However, he will upload undertaking certifying that he is sole proprietor. If the bid is submitted by person other than proprietor, POA authorising the person to submit Page 20 of 74

TENDER NO:

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bid on behalf of the concern. In case of Company



OR

In case of Partnership Firm/LLP In case of Co-Operative Society m)

Certified copy of Board Resolution authorising the person submitting the bid on behalf of the company.

POA and the supporting Board Resolution authorising the person submitting the bid on behalf of the company. POA along with Deed of Partnership / LLP Agreement. Copy of resolution passed as per Society Rules. •

Self -Declaration for multiple bids – Annexure P

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

IMPORTANT GUIDELINES TO TENDERERS Bidders are requested to carefully study all the documents / annexure and understand the conditions, specifications etc before quoting their rates. Offers should strictly be in accordance with the tender terms & conditions and our specifications. 1

Bidders are requested to go through the “Special Instruction to the Bidders (SITB)” provided in the IOCL e-Tendering site https://iocletenders.nic.in before participating in the e-Tender.

2

It is mandatory for every tenderer to provide all the information as set out in the tender document irrespective of their earlier association with IOCL. Any conditional / incomplete offer or failure to follow above instructions may lead to disqualification.

3

It shall be understood that every endeavor has been made to avoid errors which can materially affect the basis of the tender and the successful bidder shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

4

Tenderers are advised not to send or upload un-necessary / unsolicited / additional documents. The same will not be evaluated.

5

Bids should be submitted as under : Part–I: Technical Bid complete with all technical and commercial details and documents other than price shall be submitted essentially containing the documents in ‘List of documents to be uploaded by the Bidder” Part-II: “Price Bid “This part shall have only Price Schedule (BOQ) with prices duly filled in. Prices shall be filled in the price bid format (excel sheet) provided with the tender documents (i.e. uploaded in the website by IOCL).

6

Tenders to note that price must be quoted only in the price schedule (BOQ) document. Disclosure of any price or rate in any manner other than in the price bid will lead to disqualification of the bid.

7

Technical bids shall be opened on specified date and time mentioned in NIT.

8

Price Bid of the qualified tenderers shall be opened in the e-tender portal. Page 22 of 74

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9

IOCL shall not be bound to accept lowest or any tender and reserve the right to accept one or more tenders in part without assigning any reasons. The decision of IOCL in this regard shall be the final.

10 Notwithstanding the sub divisions of the tender document into several sections and volumes, every part of each shall be deemed to be supplementary of every other part and shall be read with and into the contract so far as it may be practicable to do so 11 Negotiations shall not be conducted with the bidders as a matter of routine. However, Corporation reserves the right to conduct negotiations. The tenderer shall confirm the negotiations within the stipulated time. Tenderers will have to attend concerned office of IOCL for negotiations / clarifications as required in respect of their quotation without any commitment from IOCL. 12 Clarifications with respect to tender shall be obtained from IOCL. 13 Canvassing of information or submission of forged or false documents / information by any bidder shall make their offer invalid. 14 Successful Tenderer will have to present original documents for verification to the tender inviting authority, within 7 days from date of intimation 15 To assist in the scrutiny, evaluation and comparison of bids, IOCL may, at their discretion, request clarifications on the bid from the bidder including submission of additional documents. 16 Bid and all correspondence & documents relating to the bid exchanged between the bidder and IndianOil shall be in ENGLISH language

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

SPECIAL TERMS AND CONDITIONS OF CONTRACT 1. PERIOD OF CONTRACT: The period of contract will initially for One Year (12 months) from the date of acceptance of work order, extendable by 1 more subject on mutually agreed terms and conditions. 2. EARNEST MONEY DEPOSIT (EMD): Tenderers are requested to submit earnest money deposit as per NIT. The tenders will be summarily rejected if requisite EMD or EMD exemption document is not uploaded on etendering portal as mentioned in NIT. The EMD will not carry interest. Tenderers may note that that the EMD shall be forfeited in case of following situations in addition to those contained in GCC:  Canvassing of information or in case of fraud or submission of forged/ false documents/ information by tenderers.  Backing out after placement of LOA / work order.  Successful bidder as communicated by IOCL has to report to the tender inviting office of IOCL for original documents verification within a period of 7 days from the date of intimation by IOCL. In case of failure of the bidder to get the documents verified as per the specified time schedule, the EMD of the party shall be forfeited. 3. SECURITY DEPOSIT: On receipt of the notification of award of job from IndianOil, the successful tenderer shall furnish within seven (7) days from the date of award of the contract a security deposit(SD) in the form of a Bank Guarantee as per the exact format given by IndianOil, that is valid for 15 months (12 months for contract period + 3 months for the claim period) from a scheduled bank located in India (including an Indian branch of a foreign bank), equivalent to 10% of the total value of the contract in accordance with the conditions of contract. The bank guarantee will have to provided/posted directly from the issuing bank to the addressee and address provided in this tender document. The bank guarantee shall be extended for such further period/s as may be necessary. Failure of the tenderer to comply with this requirement shall constitute sufficient grounds for the annulment of the award and forfeiture of the EMD. The SD will not carry interest. 4. PRICE BID: Tender is invited on percentage (%) basis and bidders will have to quote accordingly in the price bid. Bidders will have to quote their rates in percentage excess/at par/ less than the estimated amount given in the price bid (BoQ). The quoted percentage will be uniformly applicable on all the items mentioned in the Scope of Work (Annexure A) and the Schedule of Rates (Annexure B). Page 24 of 74

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

The quoted amount after applying the percentage quoted by the bidder shall be used for evaluated price as per methodology explained in this tender. For example :In case bidder wishes to quote a rate of 10% less than the estimated amount, then he should first select “Less” from the dropdown in the price bid and then fill in “10” in the space provided for the same in the adjoining cell. In case bidder wishes to quote at par , then he should first select either “Less” or “Excess” from the dropdown in the price bid and then fill in “0” in the space provided for the same in the adjoining cell. The estimated rates provided in the price bid (BoQ) are inclusive of all charges except GST which will be paid extra as per statutory norms. The estimated rates are inclusive of display discharges, printing and mounting for one year (12 months) contract period. 5. LAST DATE FOR RECEIPT OF TENDER: Tender submission closes as per the timelines given in the Notice Inviting Tender in this document 6. DATE FOR OPENING OF TENDER: Bids shall be opened online as per the timelines given in the Notice Inviting Tender in this document. Bidders can view the opening online. 7. VALIDITY OF OFFERS: The rates quoted will have to be valid for consideration for a period of six months (180 days) from the date of opening of technical bid. Once the quotation is accepted and the order placed on the successful bidder(s), the rates shall be valid for the entire ordered quantity. 8. STATUTORY LEVIES: The estimated rates given in the price bid are inclusive of all levies and charges except GST . GST rates considered by the bidder alongwith HSN/SAC codes are to be provided by the bidder separately in the space provided for the same in the technical bid. The GST will be paid extra as per statutory norms and in line with the Special Clauses of taxation 9. PRICE ESCALATION/DE-ESCALATION: No escalation / de-escalation are allowed during the period of contract. 10. ADDRESS FOR CORRESPONDENCE: Ch. General Manager (Corporate Communications) Marketing Division Head Office Indian Oil Corporation Limited IndianOil Bhavan G-9, Ali Yavar Jung Marg Bandra (East), Mumbai – 400051 Page 25 of 74

TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

11. SCOPE OF WORK OMCs propose to award the job of Outdoor/Out of Home (OOH) advertising through following OOH media modes: (i) Hoardings /Banners (Flex/Vinyl)/Glow Signage/Neon Signage etc. (ii) Computerized Animation Display Systems/LCD Screens (iii) Cities/State/National Highways/Roads Hoardings (iv) Airport Advertising (v) Digital Signage/ Point of sale display These outdoor advertising agencies should • have a full fledged media service for implementation of OMC’s OOH media strategy. This shall include planning, negotiation & buying, execution, monitoring, reporting and accounting teams. • focus on innovative options and recommend suitable ideas on a continuous basis to OMCs, delivering maximum efficiencies. • plan, execute and manage, in consultation with OMCs, the best possible and costeffective outdoor media strategy and advertising campaign for PMUY of IOCL in the states of Gujarat, Karnataka, Odisha; in the cities of Mumbai and Delhi; and at 26 airports • have an online monitoring system for real time monitoring. Photographs for monitoring to be submitted on fortnightly basis i.e.  1st of every Month  15th of every month  30th of every month • report the damage of site within 24hrs. of the site damage. The rectification of the site should be 24-48 hrs. of main towns and 72 hrs. for B towns and 72-96 hrs. for Gram Panchayats. • plan media based on best analytical media planning tools which exist from time to time with the agency. • Be able to give access to such tools on a case-to-case basis to give better understanding on the planning process to OMCs. • negotiate rates for agreed locations/sites and resolve any other issues arising from time to time with the media for exhibiting OOH advertisements. • inform the OMCs in case of change in plans, drop in sites etc. well in advance. The detailed scope of work enlisting the tentative hoarding and display sites, including size specifications for the proposed sites is at Annexure A.

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

Schedule of Rates The detailed Schedule of Rates for the tentative hoarding sites in the cities of Mumbai & Delhi; in the states of Karnataka, Gujarat, & Odisha, and at 26 airports, as mentioned in the Scope of Work (Annexure A) is enclosed at Annexure B. Installation Requirements: (i) Flex printing: Black back flex of 300 GSM for all mediums (ii) Wall wrap installations should be done with flex on iron frame (Square pipe of 1 inch width) (iii) Railway branding: All the branding at railway stations should be done with flex on frame with respective sizes as given in detailed Scope of Work in Annexure A. 12. DELIVERABLES OF WORK a) The agency has to ensure that the number of media and sizes specified in each district is strictly adhered to meet the total sq. feet and the total no. of sites detailed in the Schedule of Rates. The design of the hoardings shall be provided by the OMCs and the agency has to execute the same after taking due approval from OMCs. b) Bidder may note that the locations and sizes as mentioned under Scope of Work (Annexure A) are indicative only. However, selection and clearance for final site will have to be taken from respective OMCs before execution of work by the successful bidder(s). c) Delivery schedule: Within ten days of our communication to the successful Tenderer of acceptance of their rates and placing of Work Order on them, they should be ready to commence putting up of hoardings/ other outdoor media in the manner and quantities as indicated in the tender. Mechanism to electronically track the putting up of hoardings and other outside media has to be developed as a part of delivery schedule. d) The flex will be changed at least four times during the year (once every quarter), as directed by the OMCs, without any additional financial implication to the OMCs. In case there is a requirement of changing the flex more than once in a quarter, the same will be paid extra at mutually decided rates. 13. ACCEPTANCE OF WORK ORDER AND WORK ALLOCATION: After communication of the OMCs acceptance of the agency’s tender, if the agency fails to return the duplicate copy of the work order and agreement duly signed in token of their acceptance within 10 days, the EMD is liable to be forfeited, with or without any further reference to the agency. On acceptance of the quotation, the successful agency will have to execute an agreement with the Corporation covering all aspects of the contract in standard form with respective OMCs Page 27 of 74

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

immediately before commencement of the works. The intending tenderers should acquaint themselves with the provisions of standard agreement prior to quoting. When the party signing the agreement is not the sole proprietor, necessary power of attorney authorizing the person who is acting on behalf of the firm should be produced before execution of the agreement. The award of total job shall be in the ratio of 70:30 for H1: H2 as per evaluation criteria and other conditions defined in the tender. Sites at each location will be awarded in the ratio of 70:30 to H1: H2, rounded off to the nearest integer as decided by the Oil Marketing Companies. In case of any fraction or imbalance, then the decision of the Corporation will be final and binding on the bidders. The distribution of work may be altered after review of performance. The work order for respective sites will be issued by OMCs in the following manner: Sr.

Locations

WO issuing OMC

1

Airports at Amritsar, Nagpur, Guwahati, Pune, Cochin, Trivandrum, Calicut. Indore, Mumbai, Ahmadabad & Hyderabad Airports at Chandigarh, Jaipur, Varanasi, Chennai, Tirupati, Vadodara, Delhi. Bhubaneshwar, Patna & Bengaluru Airports at Kolkata, Ranchi, Bhopal, Goa, Lucknow Gujarat state and Mumbai City Karnataka state and Delhi city Odisha state including hoardings, stations and wall wraps.

BPCL

2 3 4 5 6

HPCL IOCL BPCL HPCL IOCL

14. QUARTERLY REVIEW Confirmation of continuity of work order shall be done on a quarterly basis after evaluating the maintenance of quality and quantity of hoardings provided by the agency, as mandated by the OMCs. The OMCs shall reserve the right to discontinue the work if performance is not found satisfactory. The OMCs do not guarantee any minimum amount of work and the OMCs will be at their liberty to cancel the work order at any time without any financial implication to the OMCs. 15. CANCELLATION/EXIT CLAUSE OMCs reserve the right to inspect the site of the hoardings/ wall wraps before or after display. If the quality of workmanship and material is found to be sub-standard or not as per the specifications clearly laid out in the subject tender, then the hoarding can be rejected and payment made if any shall be deducted from successive bills. Page 28 of 74

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

If the Agency does not start the work by the above stated period and if the OMCs are not satisfied with the reason for not starting the work in time or if Agency refuses to carry out the work due to any other reason, the OMCs may cancel that work order by giving a Notice after the expiry of the specified period as per the order and the same work shall be carried out by any other Agency at the entire risk and cost of original Agency. The OMC reserve the right to terminate the contract without assigning any reason and without liability to pay any compensation upon giving 1 month notice in writing but without prejudice to the rights of the OMCs in respect of any matter or thing or acts or omissions antecedent of such termination. The OMCs reserve the right to cancel the contract forthwith upon or any time after the happening of any of the following events viz. – a) If the bidder shall commit a breach of any of the terms and conditions of tender and fail to remedy such breach within fifteen days of the receipt of the written notice from us in regard thereto. b) On the death or adjudication of insolvent of the bidder if he be an individual. c) Liquidation whether voluntarily or otherwise on the passing of an effective resolution for winding up the bidder if it be a company. d) If the bidder does not adhere to the instructions which may be issued from time to time by us in connection with the job, our right to terminate the contract shall be without prejudice to any of our other rights and remedies against the bidder and in the event of our so terminating the contract, we shall not be liable to pay for any loss or compensation in respect of such termination. 16. PENALTY CLAUSES • OMCs reserves the right to invoke a penalty on the selected party to penalise for any deviations from specifications, unauthorised changes made by the executing agency, unspecified damages, lack of maintenance of schedule, etc. by deducting 5% of the value of that specific site from the monthly bill. • GST invoice along with applicable GST will be issued by IOC or respective OMC and the same would be deducted from the monthly bills of the bidder. • In case of default, of any sort, IndianOil will be at liberty to levy such a penalty as mentioned above along with the applicable GST. • In the event of any delay in implementing the job, IndianOil will be within its rights to put up the hoardings through another agency, for which the difference in cost, if any, will have to be borne by the agency selected through this tender along with the applicable GST. Page 29 of 74

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

In the event of such cancellation, the ISD/SD for the subject work, Earnest Money Deposit and/or Permanent Earnest money Deposit will be forfeited. In addition, the OMCs also reserve the right to holiday list the agency in the event of such default.



17. FORCE MAJEURE CLAUSE: If at any time during the continuance of this contract the performance in whole or part by either party of any obligation under this contract shall be prevented or delayed by reasons of any war, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lock-outs or acts of God (hereinafter referred as events) then provided notice of the happening of any such events if given by either party to the other within twenty-one days from the date of occurrence thereof neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damage against the other in respect of such non-performance or delay in performance and deliveries under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist and decision of the Director (Marketing), Indian Oil Corporation Limited (Marketing Division) as to whether the deliveries have been so resumed or not shall be final and conclusive provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for period exceeding 60 days either party may at its option terminate the agreement. 18. ORDER OF PRECEDENCE: In case of irreconcilable conflict in non technical matters between provisions in separate contract documents governing the same aspect, the following shall prevail in order of preference;1. 2. 3. 4. 5. 6. 7. 8. 9.

Formal contract Acceptance of tender Price schedule annexed to the letter of acceptance Agreed variations annexed to the letter of acceptance Addenda to the tender documents Special Terms and Conditions of Contract Special Instructions to Tenderers General conditions of Contract Instructions to tenderers

A variation or amendment issued after the execution of the formal contract shall take precedence over the formal contract and all other Contract Documents. Notwithstanding the sub divisions of the tender document into several sections and volumes, every part of Page 30 of 74

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each shall be deemed to be supplementary of every other part and shall be read with and into the contract so far as it may be practicable to do so. 19. MOBILIZATION ADVANCE: No Mobilization Advance shall be given for this work. Mobilization Advance Clause mentioned in GCC shall not be valid for this tender. 20. SPECIAL CLAUSE: Successful tenderer shall abide by all safety/security regulations that need to be followed The agency is required to take necessary care to protect to the existing nearby structure while carrying out his scope of work. Any damage caused to other property shall be rectified at his own cost. The successful tenderer shall be responsible for observance of all conditions as per Appendix furnished along with GCC with regard to safety 21. DELETION/ MODIFICATION OF CLAUSE(S) IN GCC: A) Following clauses forming part of the GCC issued along with the tender are deleted/ modified: a. Clause 2.6.2.0 – General, section 2 of GCC is deleted. b. Clause no. 3.0 – Section - Instruction to tenderers of GCC is deleted. c. Clause 4.5.1.1 – The clause shall partly be modified. Duration of 30 days shall be read as 20 days. d. GCC contains provisions for arbitration and alternate dispute resolution machinery under section-9, which stands deleted. Further, the reference to arbitration and alternative dispute resolution machinery provision contained in any other term & condition in GCC, which may be general or special in nature shall also stand deleted to the extent the said contents are applicable to the arbitration provisions. B)If any dispute or difference of any kind whatsoever shall arise between the Parties in connection with or arising out of this agreement (and whether before or after the termination) Parties hereto shall promptly and in good faith negotiate with a view to its amicable resolution and settlement. In the event no amicable resolution or settlement is reached within a period of thirty (30) days from the date on which the dispute or difference arose, such dispute or difference shall be referred to a Sole Arbitrator as per the provisions of the Indian Arbitration and Conciliation Act 1996 as amended vide Arbitration & Conciliation (Amendment) Ordinance 2015 dated 23.10.2015 The existence of any dispute or difference or the initiation or continuation of the arbitration proceedings shall not postpone or delay the performance by the Parties of their respective obligations pursuant to this Agreement. The seat of arbitration shall be at Mumbai. Page 31 of 74

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

22. STANDARD TAXATION CONDITIONS (STC) Clause Description No. DEFINITIONS 1

Contractual period / Work Completion Period /Contractual Delivery Date / Contractual Completion Period shall mean the Scheduled Delivery / Completion Period as mentioned in the LOA (Letter of Acceptance) or Purchase Order or Work Order and shall also include approved extensions, if any. GENERAL

1

2

3

Where any portion of the GCC/any other section of tender, is repugnant to or at variance with any provision of the Standard Taxation Condition (STC), then the provision of the STC shall be deemed to override the provisions of the GCC and shall, to the extent of such repugnance or variations, prevail. For the purpose of this STC, the term “tax” in addition to tax imposed under CGST (Central Tax)/SGST (State Tax)/IGST (Integrated Tax)/UTGST (Union Territory Tax)/ GST Compensation Cess Acts, also includes any duties, cess or statutory levies levied by central or state authorities. Rate variation in Taxes and any new promulgated taxes after last date of the submission of price bid only on the final product and/or services (applicable to invoices raised on IOCL) within the contractual delivery date /period (including extension approved if any) shall be on IOCL’s Account against submission of documentary evidence. Further , in case of delay in delivery of goods and/or services, any upward rate variation in Taxes and any new promulgated taxes imposed after the contractual delivery date shall be to the Seller’s / Agency’s Account. Similarly in case of any reduction in the rate(s) of the Taxes between last date of submission of price bid relevant to the Contract and the date of execution of activities under the contract, the Agency shall pass on the benefit of such reduction to IOCL with the view that IOCL shall pay reduced duty/Tax to Govt.

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

4

It would be the responsibility of the agency to get the registration with the respective Tax authorities. Any taxes being charged by the Agencys would be claimed by issuing proper TAX Invoice indicating details /elements of all taxes charged and necessary requirements as prescribed under the respective tax laws and also to mention his correct and valid registration number(s) along with IOCL’s registration number as applicable for particular supply on all invoices raised on IOCL. Agency to provide the GSTIN number from where the supply is proposed to be under taken. Further the HSN Code / Service Accounting Code (SAC) as applicable for the subject tender needs to be provided in the columns provided in the technical bid. In case the agency is opting for Composition scheme under the GST laws (i.e Section 10 of the CGST Act, 2017 and similar provisions under the respective State / UT law), the agency should confirm the same. Further the agency to confirm the issuance of Bill of Supply while submission of tender documents and no GST will be charged on IOCL.

5

6

7

In case the agency is falling under Unregistered category, the agency should confirm the same. The agency would be liable to reimburse or make good of any loss/claim by IOCL towards tax credit rejected /disallowed by any tax authorities due to non deposit of taxes or non updation of the data in GSTIN network or non filling of returns or non compliance of tax laws by the Agency by issuance of suitable credit note to IOCL. In case, agency does not issues credit note to IOCL, IOCL would be constrained to recover the amount including interest payable alongwith Statutory levy/Tax, if any, payable on such recovery. Tax element on any Debit Note / Supplementary invoice, raised by the agency will be reimbursed by IOCL as long as the same is within the permissible time limit as per the respective taxation laws and also permissible under the Contract terms and conditions. Agencys to ensure that such debit Notes are uploaded while filing the Statutory returns as may be prescribed from time to time. The agency will be under obligation for quoting/charging correct rate of tax as prescribed under the respective Tax Laws. Further the Agency shall avail and pass on benefits of all exemptions/concessions/benefits/waiver or any other benefits of similar nature or kind available under the Tax Laws. In no case, differential Tax Claims due to wrong classification of goods and/or services or understanding of law or rules or regulations or any other reasons of similar nature shall be entertained by IOCL.

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

8

9

10 11 12 13

In case, IOCL’s Input Tax Credit (ITC) is rejected on account of wrong levy of tax i.e. payment of Integrated Tax in place of Central Tax+ State/Union Territory Tax or vice versa, the agency is liable to make good the loss suffered by IOCL by issuance of suitable credit note to IOCL. In case, agency does not issue credit note to IOCL, IOCL would be constrained to recover the amount including interest payable alongwith Statutory levy, if any, payable on such recovery. In case the agency is opting for Composition scheme under the GST laws, in such event the evaluation of his bid will be based on the Quoted Price. In case the agency is falling under Unregistered category, then GST liability, if any, on IOCL will be included for the purpose of evaluation. In case, IOCL is eligible to avail Input TAX Credit (ITC), the same shall be reduced from the delivered price to arrive at the net landed cost. IOCL shall reimburse GST levied as per invoice issued by the Agency as prescribed under section 31 of the CGST Act and respective states and Rules. To enable IOCL to avail ITC, the agency/supplier shall furnish/submit any and all certificates, documents and declarations as are required by IOCL to avail of the ITC with respect to GST reimbursed by IOCL on materials sold to IOCL. Invoice should be raised as per Tax Rates mentioned in the BIDs and in case at the time of raising Invoice if the invoices raised are not as per Tax rates mentioned in the bid, payment will be limited to the rate quoted as per BID subject to increase /decrease in Rates after last date of submission of Price Bid provided delivery is within the Contractual period.

ROAD PERMIT /WAY BILL: a. IOCL shall issue Road Permit/Way Bill, by whatever name it is called, to the

Contractor only in those cases where materials is purchased by IOCL directly and/or IOC is statutorily required to issue the Road permit/Way Bill, by whatever name it is called. Contractor will be under obligation for proper utilization of road permits for the specific supply and in case of seizure of goods/vehicle; the Contractor will be wholly responsible for release and reimburse the litigation cost to IOCL.

b. IOCL shall on no account be responsible for delay or hold up due to the timely non

availability of such documents as are required to be furnished by the owner to obtain the Road Permit/Way bill, by whatever name it is called. However, IOCL shall make best efforts to provide sufficient number of Road Permits/way bill, by whatever name it is called on demand to avoid any delay or Hold up.

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

INCOME TAX Resident Bidders: a) The agency shall be exclusively responsible and liable to pay Taxes on Income arising out of payment made out of the contract. b) Wherever withholding tax i.e. Tax deduction at source (TDS) is applicable under the Income tax Act, 1961 the same will be deducted from the Invoices raised and TDS Certificate as per provision of the Income tax Act and Rules shall be issued to the agency. c) PAN is mandatory. If PAN is not provided TDS would be deducted at higher rate as per the provisions of Income Tax Act. Non Resident Bidder: a) Notwithstanding anything mentioned in the contract, Letter of Acceptance, BID Documents or any correspondences, following clauses shall be applicable with respect to Indian Income Tax including withholding tax. b) The Agency shall be exclusively responsible and liable to pay all income taxes on any payments arising out of the Contract, whether payable in India or outside India. c) Any payment to non-resident or its permanent establishment (PE) in India which is chargeable to tax in India attracts withholding tax in India under Income Tax Act, 1961 shall be subject to provisions of Double Taxation Avoidance Agreement (DTAA) wherever applicable, for withholding tax purposes only. d) Agency shall not include withholding tax / tax deductible at source in its quoted price. Withholding tax as applicable as per Indian Income Tax Act read with respective Double Taxation Avoidance Agreements (DTAA) will be borne by IOCL. e) Notwithstanding Clause “3” above, where Agency intends to obtain a Certificate of Lower or NIL Withholding Tax/Tax deductible at source in terms of provisions of Indian Income Tax Act, 1961 and rules made thereunder, Withholding tax/Tax deductible at source will be deducted from amount payable under the contract as per Certificate issued by tax authorities under Income Tax Act, 1961 and rules made thereunder. f) In all cases whether Withholding tax/Tax deductible at source is borne by IOCL as described in Clause “4" above or deducted from amount payable as per contract as described in Clause “5" above, Certificate of Withholding tax/Tax deducted at source will be provided by IOCL enabling agency to claim credit of the same in their country of residence. g) To facilitate benefits of DTAA, Agency shall provide copy of: h) Tax Residence Certificate (TRC), i) Form 10F as described in Rule 21AB of Income Tax Rules, 1962, j) NO PERMANENT ESTABLISHMENT CERTIFICATE (NO PE) as may be required, k) Permanent Account Number (PAN), if available or l) Declaration in lieu of PAN as per Rule 37BC of Income Tax Rules, 1962. Page 35 of 74

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

m) Any other document(s) which might be required to enable IOCL to apply Lower OR NIL rate of withholding tax. 23. OBLIGATION AND RESPONSIBILITIES OF AGENCY: a) It shall be the obligation and responsibility of the agency to perform all their functions falling within scope of this contract and in accordance with agreed completion schedule. The successful bidder should also exercise cost control measures and at the same time incorporate latest technological improvements. The inspecting agency shall be responsible for all information/ report/ recommendations generated by them. b) If the tenderer does not adhere to the instructions that may be issued from time to time the Corporation’s right to terminate the contract shall be without prejudice to any of other rights & remedies against the tenderer and in the event of so terminating the contract, we shall not be liable to pay for any loss or compensation in respect of such termination. c) The Corporation shall be entitled at any time at its discretion to cancel the contract, if, in the opinion of Corporation, the cessation of the work becomes necessary owing to any clause/ or any reason whatsoever, and a notice from the Corporation and the reason(s) therefore shall be conclusive proof of such cancellation. The Corporation shall not be liable to pay any compensation in respect of such termination. d) If it is found that the agency is unable to complete the job as per the specification or requirements of the job spelt out from time to time or it is found that the agency is unable to carry out the instructions given, the order may be cancelled by Indian Oil Corporation Ltd. in which case the Corporation shall not be liable for payment of damages or compensation and the agency shall in such an event be liable to make good any extra charge that Indian Oil Corporation Ltd. may incur in getting the job done by another agency. • • • •

24. PAYMENT SCHEDULE: The bill for payment duly cleared by agency shall be submitted in duplicate to respective offices of the OMCs issuing the work order, along with other supporting documents as mandated by the individual OMCs for release of payments. GSTN nos. should be mentioned on the invoices while billing to OMCs It may be noted that the work shall be deemed to be completed only after submission of reports, and acceptance of the same by the OMC representatives.. Payment shall normally be made within 30 days from the date of submission of the bills provided the bills are legitimate and free from any dispute. Bills are to be duly certified and cleared by respective OMCs. Page 36 of 74

TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

• •

The rates quoted in the BoQ are for a period of one year. Payment will be made on executed quantity on monthly basis for each location on pro-rated basis, which will be worked out from the finalized rate for that location. No additional payment towards any sq.ft. over and above the minimum sq.ft. specified shall be made

25. DEALING WITH OUTSIDE PARTIES • In case of any default on the part of the Agency to clear the payments of their vendors / suppliers / sub-agencies, the OMCs, to protect their name and image, shall recover the amount from the agency pending bills or security deposit and may make the payment to the concerned party. • The agency in its own interest should purchase material from the authorized sources and should fulfill all their obligations of all taxes etc. • The agency may be debarred from OMCs and EMD/SD shall be forfeited for any such lapses mentioned above. 26. STATUTORY OBLIGATIONS: The agency will abide by the Rules, Regulations, by-laws, statutes etc. imposed by the Government/Semi-Government and other local authorities for this job. 27. VERIFICATION OF ORIGINAL DOCUMENTS: • Document verification with originals shall be carried out after opening of price bids for the short listed bidder(s) only. Since documents are submitted by the bidder(s) in the tender, the responsibility of authenticity of documents shall be with the bidder(s). • Shortlisted bidder(s) shall be required to present their original documents to the tender inviting authority within a period of 7 days from the date of intimation by OMCs. In the event of failure of such bidder(s) to get the documents verified as per the specified time schedule, the EMD of the bidder(s) shall be forfeited. In case it is observed that if any bidder(s) submitted forged documents / credentials, necessary action for holiday listing of the bidder(s) shall be carried out including forfeiture of EMD. 28. PROHIBITION OF ENGAGEMENT OF CHILD LABOUR: In line with provisions of the child Labour (Prohibition and Regulation) Act, 1986 and various labour laws applicable in the country, all the bidders are required to give a duly signed declaration to the effect that they are not engaging Child labour as per various labour laws applicable to them. Declaration has to be submitted on the letter head of the tenderer. Any bidder / entity making a false claim would have its contract terminated forthwith, if detected later.

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

29. TYPOGRAPHICAL OR CLERICAL ERRORS: The Corporation’s clarifications regarding partially omitted particulars or typographical or clerical errors shall be final and binding on the Agency. 30. At all places in the GCC enclosed with the tender document, OWNER shall mean INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION, HEAD OFFICE, with its office at G9, Ali Yavar Jung Marg, Bandra(E), Mumbai-400051.

Page 38 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

Annexure – A SCOPE OF WORK The detailed scope of work enlisting the location, medium, type, quantity, minimum size for each hoarding, and minimum total square feet required is attached separately Bidders may note that the quantum of work given below is only indicative based on tentative estimates. OMCs do not guarantee any minimum or maximum quantum of works to be allocated to any agency during the currency of the contract The agency has to ensure that the number of media (Hoardings, Railway branding, and wall wraps) and sizes specified in each disrtrict/ area, airport are strictly adhered to.

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TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

Annexure B

Schedule of Rates The detailed Schedule of Rates for the tentative hoarding sites in the cities of Mumbai & Delhi; in the states of Karnataka, Gujarat, & Odisha, and at 26 airports, as mentioned in the Scope of Work (Annexure A) is attached separately

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TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE – C STATEMENT OF CREDENTIALS Bidder should fill in details as sought in the excel sheet attached separately and submit them with tender documents. Please state “NOT APPLICABLE” in case you have no positive answer. For example if you are not a proprietary firm, please state “NOT APPLICABLE” against relevant item, instead of leaving the same blank.

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TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE D PROFORMA OF DECLARATIONS TO BE FURNISHED BY THE TENDERERS D E C L A R A T I O N - `A' We declare that we have complied with all the conditions of the tender including technical specifications, GCC & all the documents etc., forming part of tender.

Date: Place:

Tenderer’s Signature & Seal

D E C L A R A T I O N - `B' We declare that we do not have any employee who is related to any officer of the Corporation/ Central/ State Governments of India. OR We have the following employees working with us who are near relatives of the Officer/ Director of the Corporation/ Central/ State Government in India. Name of the employee of the Tenderer

Date: Place:

Name & designation of the Officer of the Corporation/ Central/ State Governments

Tenderer’s Signature & Seal Page 42 of 74

TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

D E C L A R A T I O N - `C' The Tenderer is required to state whether he is a relative of any Director of Indian Oil Corporation or the Tenderer is a firm in which any Director of our Corporation or his relative is a partner or any other partners of such a firm or alternately the Tenderer is a private company in which Director of Indian Oil Corporation is a member or Director. S/N

PARTICULARS

1

Name of the Tenderer and his relations with the Director in our Corporation. Name of the Director of the Corporation who is related to the Tenderer. Name of the Director of the Corporation who is a member or a Director of the firm.

2 3

Date: Place:

DETAILS

Tenderer’s Signature & Seal

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TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

DECLARATION – ‘D’ Tenderer is required to state whether they have employed any retired Director and above rank officer of Indian Oil Corporation Limited in their firm. If so, details hereunder to be submitted. S/N

PARTICULARS

1

Name of the person

2

Post last held in IOC

3

Date of retirement

4

Date of employment in the firm

Date: Place: Note:

DETAILS

Tenderer’s Signature & Seal a. A separate sheet may be attached, if the above is not sufficient. b. Strike out whichever is not applicable. If the tenderer employs any person subsequent to signing the above declaration and the employee/s so appointed happens to be the near relatives of the Officer/Director of the Corporation/Central/State Governments, the tenderer should submit another declaration furnishing the name/s of such employee/s who is/are related to the officer/s of the Corporation/ Central/ State Governments. c. List of Directors of IOC Board is attached.

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TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

Annexure E LIST OF BOARD OF DIRECTORS EFFECTIVE 4TH JUNE, 2018 1.

Shri Sanjiv Singh Chairman Indian Oil Corporation Limited Corporate Office Plot 3079/3, Sadiq Nagar J.B.Tito Marg New Delhi-110 049.

6.

Shri Ranjan Kumar Mohapatra Director (Human Resources) Indian Oil Corporation Limited Corporate Office Plot 3079/3 Sadiq Nagar J.B.Tito Marg New Delhi-110 049.

2.

Shri A.K.Sharma Director (Finance) Indian Oil Corporation Limited Corporate Office Plot 3079/3, Sadiq Nagar J.B.Tito Marg New Delhi-110 049.

7.

Shri Ashutosh Jindal Joint Secretary(M) Ministry of Petroleum & Natural Gas Shastri Bhavan New Delhi – 110 001.

3.

Shri G.K.Satish Director (Planning & Business Development) Indian Oil Corporation Limited IndianOil Bhavan No.1, Sri Aurobindo Marg Yusuf Sarai New Delhi-110 016.

8.

Ms.Sushma Taishete Rath Joint Secretary Ministry of Petroleum & Natural Gas Shastri Bhavan New Delhi-110 001.

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TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

4.

Dr.S.S.V.Ramakumar Director (R&D) Indian Oil Corporation Limited R&D Centre Sector 13 Faridabad-121 002. Haryana.

9.

5.

Shri B.V.Rama Gopal Director (Refineries) Indian Oil Corporation Limited SCOPE Complex Core 2 7, Institutional Area Lodhi Road New Delhi – 110 003. Shri Vinoo Mathur Tower 10 / Flat 902 Vipul Belmonte, Golf Course Road, Sector 53 Gurugram – 122 002.

10. Shri Parindu K.Bhagat A/F/1, Shapath Tower-IV Opp.Karnavati Club, Above Central Bank S.G.Highway Ahmedabad-380 015.

12

Shri Samirendra Chatterjee 71 Vikramshila Apartments IIT Delhi Campus Hauz Khas New Delhi-110 016.

15

16

Shri Chitta Ranjan Biswal Plot No.36, Prashasan Nagar Road No.72, Jubilee Hills Hyderabad-500 033.

11.

Shri Sanjay Kapoor SCO 3, First Floor, Sector 11, Panchkula-134 112. Haryana

14. Dr.Jagdish Kishwan B 702, True Friends Apartments Sector-6, Plot-29 Dwarka, New Delhi-110 075 Shri Sankar Chakraborti SMERA Ratings Limited 102, 1st Floor, Sumer Plaza Marol Maroshi Road Andheri (East) Mumbai – 400 059. Shri Dharmendra Singh Shekhawat D.S.Shekhawat & Associates S.No.-201-202, Venkateshwara Tower, Central Spine, Vidhyadhar Nagar, Jaipur-302 023.

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TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE F PROFORMA OF DECLARATION OF BLACK LISTING / HOLIDAY LISTING (in letter head of bidder) In the case of a Proprietary concern: I hereby declare that neither I in my personal name or in the case of my Proprietary concern M/s _________________________________________, which is submitting the accompanying Bid/Tender, nor any other concern in which I am proprietor nor any partnership firm in which I am involved as a Partner, are presently or having during the past three years, been placed on any black list or holiday list declared by Indian Oil Corporation Limited or by any department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country nor is there pending any inquiry by Indian Oil corporation Ltd. or any Department of Government or by any other Public Sector Organization in India or in any other country, in respect of any corrupt or fraudulent practice(s) against me or any other of my proprietorship concern(s) or against any partnership firm(s) in which I am or was at the relevant time involved as a partner, except as indicated below: (Here give particulars of blacklisting or holiday listing, and/or inquiry in absence thereof state “NIL”) In the case of a Partnership Firm: We hereby declare that neither we, M/s______________________________________submitting the accompanying Bid/Tender nor any partner involved in the said firm either in his individual capacity or as proprietor or partner of any firm or concern presently are or within the past three years have been or has been placed on black list or holiday list declared by Indian Oil Corporation Limited or by any department of Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country nor is there pending any inquiry by Indian Oil corporation Ltd. or any Department of any Government (State, Provincial, Federal or Central) or by any other Public Sector Organization in India or in any other country, in respect of corrupt or fraudulent practice(s) against us or any partner or any other concern or firm of which he is proprietor or partner, except as indicated below: (Here give particulars of black listing or holiday listing, and in absence thereof state “NIL”). Page 47 of 74

TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

In the case of Company: We hereby declare that neither we or a parent, subsidiary or other Company under direct or indirect common parent (associate company) are presently nor have within the past three years been placed on black list or holiday list declared by Indian Oil Corporation Limited or by any Department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country; and that there is no pending inquiry by Indian Oil corporation Ltd. or any Department of any Government (State, Provincial, Federal or Central) or by any other Public Sector Organization in any country against us or a parent or subsidiary or associate company as aforesaid, in respect of corrupt or fraudulent practice(s), except as indicated below: (Here give particulars of black list or holiday listing, and in absence thereof state “NIL”) It is understood that if this declaration is found to be false in any particular, Indian Oil Corporation Ltd., shall have the right to reject my/our/bid, and if the bid has resulted in a contract, the contract is liable to be terminated without prejudice to any other right or remedy (including black listing or holiday listing) available to Indian Oil Corporation Ltd. Place : Date

:

Page 48 of 74

TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE G PROFORMA OF TENDER NOT TAMPERED (TO BE SUBMITTED ON LETTER HEAD OF THE BIDDER DULY SIGNED) Note: Copy to be uploaded along with tender and original to be submitted during documents verification. Subject: Tender No: ________________________________ due on ___________. I/We _________________________________________________ (Name of Bidder), hereby declare that: • I/We have not tampered or modified the subject tender document in any manner and before uploading, same has been cross-checked with documents hosted on your e-portal https://iocletenders.gov.in. In case, if same is found to be tampered/modified, I/We understand that my/our tender will be summarily rejected and EMD/SD may be forfeited and I am/We are liable to be banned from doing business with and/or prosecuted. • I/We, hereby confirm that if any discrepancy observed in the submitted tender even at a future date, I/We will abide by all the terms and conditions as per all the documents hosted including Addendums/Changes/Corrigendum, on your e-portal related with subject tender. I/We further assure that we agree to all the decisions confirmed in Pre-Bid Conference of the subject tender.

Tenderer's Signature & Seal Date: Place:

Witness: 1) Name & Address: ____________________________________ ____________________________________ ____________________________________ 2) Name & Address: ____________________________________ ____________________________________ ____________________________________ Page 49 of 74

TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE H FORM OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT (to be executed on Stamp paper of appropriate value) 1. In consideration of the Indian Oil Corporation Limited (hereinafter called ‘The Corporation’) having agreed to accept from________________ (name of the tenderer) ( hereinafter called `the said tenderer’) Earnest money in the form of Bank Guarantee, under the terms and conditions of tender No._______________________dated _________ in connection with _________________________________________________ (mention the details of the tender) (hereinafter called “the said tender”), for the due observance by the said tenderer of the stipulation to keep the offer open for acceptance for a period of _______ days from the date of the opening of the tender and other stipulations of the tender we, ___________________________________(indicate the name of the bank) hereinafter referred to as ‘the Bank’ at the request of ___________________________________________(mention the name of the tenderer) do hereby undertake to pay on demand to the Indian Oil Corporation Limited an amount not exceeding Rs. ____________________ in the event of the said tenderer having incurred forfeiture of earnest money as aforesaid or for the breach of any of the terms or conditions or the stipulations of the said tender and/ or the contract if awarded including but not limited to non performance of the contract caused due to revision in price/ pricing basis after close of the pricing part of the tender under an order of the Indian Oil Corporation limited. 2. We_____________________(indicate the name of the bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Indian Oil Corporation Limited stating that the amount claimed is due by way of forfeiture of earnest money or any loss or damage caused to or suffered or would be caused to or suffered by the Indian Oil Corporation Limited by reason of breach by the said tenderer any of the terms or conditions or stipulations 3contained in the said tender or by reason of the tenderer’s failure to perform the stipulations of the said tender. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. _______. 3. We __________________(indicate the name of the bank) undertake to pay to the Indian Oil Corporation Limited any money so demanded notwithstanding any dispute or disputes raised by the tenderer in any suit or proceeding pending before any court or Tribunal or arbitrator relating thereto our liability under this present being absolute and unequivocal. The payment so made by the bank under this bond shall be a valid discharge of our liability Page 50 of 74

TENDER NO:

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NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

for payment there under and the tenderer shall have no claim against us for making such payment. 4. We _________________(indicate the name of the bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the terms, conditions or stipulation of the said tender and that it shall continue to be enforceable till all the dues of the Indian Oil Corporation Limited under or by virtue of the said tender/ contract have been fully paid and its claims satisfied or discharged or till Indian Oil Corporation Limited certifies that the terms and conditions of the said tender have been fully and properly carried out by the said tender and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before _______ we shall be discharged from all liability under this guarantee thereafter. 5. We____________________(indicate the name of the bank) further agree with the Indian Oil Corporation Limited that the Indian Oil Corporation Limited shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said tender or to extend time of performance by the said tenderer from time to time or to postpone for any time or from time to time any of the powers exercisable by the Indian Oil Corporation Limited against the said tenderer and to forbear or enforce any of the terms and conditions relating to the said tender and shall not be relieved from our liability by reason of any such variation, or extension being granted to the said tenderer or for any forbearance, act or omission on the part of Indian Oil Corporation Limited or any indulgence by the Indian Oil Corporation Limited to the said tenderer or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provisions have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the bank or the tenderer. 7. We, _________________(indicate the name of the bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Indian Oil Corporation Limited in writing. Dated the ___ day of ____ 20__ For ________________ (indicate the name of bank) Place : Date : Page 51 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE-I BANK GUARANTEE PROFORMA IN LIEU OF SECURITY DEPOSIT (to be executed on Stamp paper of appropriate value) 1. In consideration of the Indian Oil Corporation Limited having its Registered Office at _________________ (hereinafter called “The Corporation”) having agreed to exempt ________ (hereinafter called “The said Contractor(s) / Supplier(s) / -Seller(s)”) from the demand under the terms and conditions of an Agreement dated _______ made between ________ and ___________ for ____________ (hereinafter called “The said Agreement”), of Security Deposit for the due fulfillment by the said Contractor(s) / Supplier(s) / - Seller(s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs. _______ (Rupees _________ only), we ___________ (hereinafter referred to as “The Bank” at the request of ___________ Contractor(s) /Supplier(s) / - Seller(s) do hereby undertake to pay to the Corporation an amount not exceeding Rs. ____________ against any loss or damage caused to or suffered or would be caused to or suffered by the Corporation by reason of any breach by the said Contractor(s) /Supplier(s) / - Seller(s), of any of the terms or conditions contained in the said Agreement. 2. We __________ ( indicate the name of the bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Corporation stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Corporation by reason of breach by the said Contractor(s) / Supplier(s) / - Seller(s) of any of the terms or conditions contained in the said Agreement or by reason of the Contractor(s) / Supplier(s) ‘ failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs._________ 3. we undertake to pay to the Corporation any money so demanded notwithstanding any dispute or disputes raised by the Contractor(s) / Supplier(s) / - Seller(s) in any suit or proceeding pending before any court or Tribunal or Arbitrator relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Contractor(s) / Supplier(s) / - Seller(s) shall have no claim against us for making such payment.

Page 52 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

4. we, ____________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Corporation under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till ___________ office / department at _____________ certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) / Supplier(s) / - Seller(s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before _______ we shall be discharged from all liability under this guarantee thereafter. 5. We, __________(indicate the name of Bank) further agree with the corporation that the corporation shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said Contractor(s) / Supplier(s) / Seller(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the corporation against the said Contractor(s) / Supplier(s) / Seller(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) / Supplier(s) / - Seller(s) or forbearance, act or omission on the part of the corporation or any indulgence by the corporation to the said Contractor(s) / Supplier(s) / - Seller(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provisions have affect of so relieving us. 6. This guarantee will not be discharged due to change in the constitution of the Bank or the Contractor(s) / Supplier(s) / - Seller(s). 7. We, __________(indicate the name of Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the corporation in writing. Dated the _______day of ______ 20__ For ___________________________ (indicate the name of Bank)

PLACE…. DATE…… Page 53 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE J UNDERTAKING FOR NON·ENGAGEMENT OF CHILD LABOUR ( to be submitted only by the successful bidders) I/ We hereby declare that: a) We are committed to elimination of child labour in all its forms. b) Neither we nor any of our nominated sub-contractor(s) are engaging Child Labour in any of our work(s) in terms of the provisions of The Child Labour (Prohibition and Regulation) Act, 1986 and other applicable laws. c) We as well as our nominated sub-contractor(s) undertake to fully comply with provisions of The Child Labour (Prohibition and Regulation) Act, 1986 and other applicable labour laws, in case the work is awarded to us. d) It is understood that if I/We, either before award or during execution of Contract, commit a transgression through a violation of Article b /c above or in any other form, such as to put my/our reliability or credibility in question, the Owner is entitled to disqualify us from the Tender process or terminate the Contract, if already executed or exclude me / us from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Owner. Such exclusion may be for a period of 1 year to 3 years as per the procedure prescribed in the guidelines for holiday listing of the Owner. e) I/We accept and undertake to respect and uphold the Owner's absolute right to resort to and impose such exclusion. Place: Date: Signature of Bidder: Name of Signatory :

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TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

FORM OF CONTRACT

ANNEXURE –K

(To be executed on award of the work on stamp paper of appropriate value) THIS CONTRACT made at Mumbai this ___________ day of ____________ 201 BETWEEN INDIAN OIL CORPORATION LTD., a Government of India Undertaking registered in India under the Indian Companies Act 1956, having its registered office at G-9, Ali Yavar Jung Marg, Bandra (East), Bombay- 400 051 and the Headquarters at G-9, Ali Yavar Jung Marg, Bandra (East), Bombay- 400 051 Mumbai (hereinafter referred to as the "OWNER" which expression shall include its successors and assigns) of the One Part; AND _____________ carrying on business in sole proprietorship/ carrying on business in partnership under the name and style of ______________________ a Company registered in India under the Indian Companies Act, 1913/ 1956 having its registered office at _______________________ (hereinafter referred to/ as collectively referred to as the "Contractor" which expression shall include his/ their/ its executors, administrators, representatives and permitted assigns/ successors and permitted assign) of the other part: WHEREAS The OWNER desires to have executed the work of _______________________________ more specifically mentioned and described in the contract documents (hereinafter called the 'work' which expression shall include all amendments therein and/ or modifications thereof) and has accepted the tender of the CONTRACTOR for the said work. NOW, THEREFORE THIS CONTRACT WITNESSETH as follows: ARTICLE – 1 Contract Documents 1.1

The following documents shall constitute the Contract documents, namely

(a) (b) (c)

This contract; Tender documents as defined in the General Instructions to Tenderers; Letter of Acceptance of Tender along with Fax/ Telegram of Intent.

1.2

A copy of each of the Tender Documents is annexed hereto and the said copies have been collectively marked Annexure 'A' while a copy of the letter of Acceptance of Tender along with annexures thereto and a copy of Fax/Telegram of Intent dated ________ are annexed hereto and said copies have been collectively marked as Annexure 'B". Page 55 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ARTICLE – 2 Work to Be Performed 2.1 The CONTRACTOR shall perform the work upon the terms and conditions and within the item specified in the Contract documents, ARTICLE – 3 Compensation 3.1 Subject to and upon the terms and conditions contained in the Contract documents, the OWNER shall pay CONTRACTOR compensation as specified in the Contract documents upon the satisfactory completion of the work and/ or otherwise as may be specified in the Contract documents. ARTICLE – 4 Jurisdiction 4.1 Notwithstanding any other court or courts having jurisdiction to decide the question(s) forming the subject matter of the reference if the same had been the subject matter of a suit, any and all actions and proceedings arising out of or relative to the contract (including any arbitration in terms thereof) shall lie only in the court of competent civil jurisdiction in this behalf at ________ (where this Contract has been signed on behalf of the OWNER) and only the said Court(s) shall have jurisdiction to entertain and try any such action(s) and/ or proceeding(s) to the exclusion of all other Courts. ARTICLE – 5 Entire Contract 5.1 The Contract documents mentioned in Article - I hereof embody the entire Contract between the parties hereto, and the parties declare that in entering into this Contract they do not rely upon any previous representation, whether express or implied and whether written or oral, or any inducement, understanding or agreements of any kind not included within the Contract documents and all prior negotiations, representations, contacts and/ or agreements and understandings relative to the work are hereby cancelled. ARTICLE – 6 Notices 6.1 Subject to any provisions in the Contract documents to the contrary, any notice, order or communication sought to be served by the CONTRACTOR on the OWNER with reference to the Contract shall be deemed to have been sufficiently served upon the OWNER (notwithstanding any enabling provisions under any law to the contrary) only if delivered by hand or by Registered Acknowledgment Due Post to the Engineer inCharge as defined in the General Conditions of Contract. Page 56 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

6.2

Without prejudice to any other mode of service provided for in the Contract Documents or otherwise available to the OWNER, any notice, order or other communication sought to be served by the OWNER on the CONTRACTOR with reference to the Contract, shall be deemed to have been sufficiently served if delivered by hand or through Registered Post Acknowledgement Due to the principal office of the CONTRACTOR at ___________________ or to the CONTRACTOR's representatives as referred to in the General Conditions of Contract forming part of the Contract Documents.

ARTICLE-7 Waiver 7.1 No failure or delay by the OWNER in enforcing any right or remedy of the OWNER in terms of the Contract or any obligation or liability of the CONTRACTOR in terms thereof shall be deemed to be a waiver of such right, remedy, obligation or liability, as the case may be, by the OWNER and notwithstanding such failure or delay, the OWNER shall be entitled at any time to enforce such right, remedy, obligation or liability, as the case may be. ARTICLE-8 Non-Assignability 8.1

The Contract and benefits and obligations thereof shall be strictly personal to the CONTRACTOR and shall not on any account be assignable or transferable by the CONTRACTOR.

IN WITNESS WHEREOF the parties hereto have executed this Contract in duplicate the place, day and year first above written SIGNED AND DELIVERED for and on behalf of INDIAN OIL CORPORATION LTD. by.......................................... in the presence of 1. 2. SIGNED AND DELIVERED for and on behalf of .......................................... (CONTRACTOR) by.......................................... (this day of _____________ 20___) in the presence of 1. 2 Page 57 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE- L INTEGRITY AGREEMENT M/s---------------------------.,

Dear Sir,

Sub : Tender no. ……………………….. for ………. . Declaration by Indian Oil Corporation Limited.

Indian Oil Corporation Limited (IOCL) hereby declares that IOCL has signed an MOU dated 18th January 2008 with Transparency International India for the adoption of the Integrity Pact Program and stands committed to following the principles of transparency, equity and competitiveness in public procurement. The said MOU can be accessed at the IOCL website i.e. http:// www.iocl.com/ Aboutus/ DraftMOU. pdf. The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder will sign the Integrity Agreement, which is an integral part of tender documents, failing which the tenderer / bidder will stand disqualified from the tendering process and the bid of the bidder would be summarily rejected.

Yours faithfully, For and on behalf of Indian Oil Corporation Limited, Dy. General Manager (contracts)

Page 58 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

Covering Letter required to be signed and submitted by the tenderer in letter head

To,

Ref : Dated:

IndianOil Corporation Limited -----------------------------------------------Sub: Submission of Offer for Tender no. ______________ for Dear Sir The Bidder acknowledges that Indian Oil Corporation Limited (IOCL) has signed the MOU with Transparency International India for the adoption of the Integrity Pact Program and stands committed to following the principles thereof as enumerated in the Integrity Agreement enclosed with the tender document. The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder will sign the enclosed Integrity Agreement, which is an integral part of tender documents, failing which the tenderer will stand disqualified from the tendering process. The Bidder acknowledges that the Bid would be kept open in its original form without variation or modification for a period of 180 days (state the number of days from the last date for the receipt of tenders stated in the NIT) AND THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT. Bidder confirms acceptance and compliance with the Integrity Agreement in letter and spirit and further agrees that execution of the said Integrity Agreement shall be separate and distinct from the main contract, which will come into existence when bid is finally accepted by IOCL. The Bidder acknowledges and accepts the duration of the Integrity Agreement, which shall be in line with Article 8 of the enclosed Integrity Agreement. Bidder acknowledges that in the event of Bidder’s failure to sign and accept the Integrity Agreement, while submitting the Bid, IOCL shall have unqualified, absolute and unfettered right to disqualify the tenderer and reject the Bid in accordance with the terms and conditions of the tender. Yours faithfully, Page 59 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

To be executed on plain paper and submitted along with Technical Bid/Tender documents. To be signed by the bidder and same signatory competent/authorized to sign the relevant contract on behalf of IOCL. (

_______________Division)

Tender no. :__________________ INTEGRITY AGREEMENT This Integrity Agreement is made at __________ on this ______ BETWEEN

day of ___________, 2016

Indian Oil Corporation Limited, a company duly incorporated and validly existing under the provisions of Companies Act, 1956 and having its registered office at Indian Oil Bhavan, 9, Ali Yavar Jung Marg, Bandra (East), Mumbai 400051 (hereinafter referred as the ‘Principal/Owner’, which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns) And …………………………………………………………………………………………….…………… (name and address of the Individual/firm/Company/consortium members through ________________________(mention details of duly authorized signatory) hereinafter referred to as the “Bidder/Contractor” and which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns. WHEREAS the Principal/Owner has floated a tender (Tender No. : _______________________) (hereinafter referred to as “Tender”) and intends to award, under laid down organizational procedures, contract/s purchase order/work order for ………………………………………………..(name of contract/order) or items covered under the tender hereinafter referred to as the “Contract”. AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relation with its Bidder(s) and Contractor(s). Page 60 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

AND WHEREAS, in order to achieve these goals, the Principal/Owner has appointed Independent External Monitors (IEM), to monitor the Tender process and the execution of the Contract for compliance with the principles as laid down in this Agreement. AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and conditions of which shall also be read as integral part and parcel of the Tender documents and Contract between the parties. NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties hereby agree as follows and this Pact witnesseth as under: Article-1: Commitment of the Principal/Owner 1) The Principal/Owner commits itself to take all measures necessary to prevent corruption and to observe the following principles: a) No employee of the Principal/ Owner, personally or through any of his/her family members, will, in connection with the Tender, or the execution of the Contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to. b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity and reason. The Principal/Owner will, in particular, before and during the Tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential I additional information through which the Bidder(s) could obtain an advantage in relation to the Tender process or the Contract execution. c) The Principal/Owner shall endeavor to exclude from the Tender process any person, whose conduct in the past has been of biased nature. 2) If the Principal/Owner obtains information on the conduct of any of its employees which is a criminal offence under the Indian Penal Code (IPC) /Prevention of Corruption Act, 1988 (PC Act) or is in violation of the principles herein mentioned or if there be a substantive suspicion in this regard, the Principal/Owner will inform the Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its internal laid down policies and procedures. Page 61 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

Article-2: Commitments of the Bidder(s)/ Contractor(s) 3) The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the Tender process and during the Contract execution: 4) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal/Owner’s employees involved in the Tender process or execution of the Contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the Tender process or during the execution of the Contract. 5) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to cartelize in the bidding process. 6) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act. Further the Bidder(s)/Contractor(s) will not use improperly, (for the purpose of competition or personal gain), or pass on to others, any information or document provided by the Principal/Owner as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. 7) The Bidder(S)/Contractor(s) of foreign origin shall disclose the names and addresses of agents/representatives in India, if any. Similarly Bidder(S)/Contractor(s) of Indian Nationality shall disclose names and addresses of foreign agents/representatives, if any. Either the Indian agent on behalf of the foreign principal or the foreign principal directly could bid in a tender but not both. Further, in cases where an agent participates in a tender on behalf of one manufacturer, he would not be allowed to quote on behalf of another manufacturer along with the first manufacturer in a subsequent/ parallel tender for the same item. Copy of CVC guidelines dated 21/4/2004 is annexed hereto as Annexure A. 8) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose (with each tender as per proforma enclosed) any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the Contract. 9) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Page 62 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

Article-3: Disqualification from Tender Process and exclusion from future contracts 1. If the Bidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner is entitled to disqualify the Bidder(s)/Contractor(s) from the Tender process or terminate the Contract, if already executed or exclude the Bidder/ Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be for a period of 1 year to 3 years as per the procedure prescribed in the guidelines for holiday listing of the Principal/Owner. 2. The Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right to resort to and impose such exclusion. 3. Apart from the above, the Principal/Owner may take action for banning of business dealings/holiday listing of the Bidder/Contractor as deemed fit by the Principal/Owner. Article-4: Consequences of Breach Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Bidder(/Contractor(s): 1) Forfeiture of EMD/Security Deposit: If the Principal/Owner has disqualified the Bidder(s) from the Tender process prior to the award of the Contract or terminated the Contract or has accrued the right to terminate the Contract according to Article 3, the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the Earnest Money Deposit/ BidSecurity amount of the Bidder/Contractor. 2) Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or Contractor, or of an employee or a representative or an associate of a Bidder or Contractor which constitutes corruption within the meaning of PC Act, or if the Principal/Owner has substantive suspicion in this regard, the Principal/Owner will inform the same to the Chief Vigilance Officer. Page 63 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

Article-5: Previous Transgression 1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company in any country confirming to the anti-corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the Tender process. 2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender process or action can be taken for banning of business dealings/ holiday listing of the Bidder/ Contractor as deemed fit by the Principal/ Owner. 3) If the Bidder/Contractor can prove that he has resorted \recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal/Owner may, at its own discretion as per laid down organizational procedures, revoke the exclusion prematurely.

Article-6: Equal Treatment of all Bidders/Contractors/Subcontractors 1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity Pact. The Bidder/Contractor shall be responsible for any violation(s) of the principles laid down in this agreement/Pact by any of its Sub-contractors,/ sub-vendors. 2) The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders and Contractors. 3) The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact between the Principal/Owner and the bidder, along with the Tender or violate its provisions at any stage of the Tender process, from the Tender process.

Article-7: Independent External Monitor (IEM) 1) The Principal/Owner has appointed competent and credible Independent External Monitor(s) (IEM) for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 2) The IEM is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairman, Indian Oil Corporation Limited. Page 64 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

3) The Bidder(s)/Contractor(s) accepts that the IEM has the right to access, without restriction, to all Project documentation of the Principal/Owner including that provided by the Contractor. The Contractor will also grant the IEM, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his or any of his Sub-Contractor’s project documentation. . The IEM is under contractual obligation to treat the information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality. 4) In case of tenders having estimated value of Rs 150 Crores or more, the Principal/Owner will provide to the IEM sufficient information about all the meetings among the parties related to the Project and shall keep the IEM apprised of all the developments in the Tender Process. 5) As soon as the IEM notices, or believes to notice, a violation of this Pact, he will so inform the Management of the Principal/Owner and request the Management to discontinue or take corrective action, or to take other relevant action. The IEM can in this regard submit non-binding recommendations. Beyond this, the IEM has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 6) The IEM will submit a written report to the Chairman, Indian Oil Corporation Limited within 6 to 8 weeks from the date of reference or intimation to him by the Principal/Owner and, should the occasion arise, submit proposals for correcting problematic situations. 7) If the IEM has reported to the Chairman, Indian Oil Corporation Limited a substantiated suspicion of an offence under the relevant IPC/PC Act, and the Chairman, IOCL has not, within reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the IEM may also transmit the information directly to he Central Vigilance Commissioner. 8) The word “IEM” would include both singular and plural. Article-8: Duration of the Pact This Pact begins when both the parties have legally signed it. It expires for the Contractor/Vendor 12 months after the completion of work under the Contract or till the continuation of defect liability period, whichever is more and for all other Bidders, till the Contract has been awarded.

Page 65 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

If any claim is made/lodged during the time, the same shall be binding and continue to be valid despite the lapse of this Pact as specified above, unless it is discharged/determined by the Chairman, IOCL.

Article-9: Other Provisions 1) This Pact is subject to Indian law, place of performance and jurisdiction is the Head Office/Head quarters of the Division of the Principal/Owner, who has floated the Tender. 2) Changes and supplements need to be made in writing. Side agreements have not been made. 3) If the Contractor is a partnership or a consortium, this Pact must be signed by all the partners and consortium members. In case of a Company, the Pact must be signed by a representative duly authorized by board resolution. 4) Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact remains valid. In this case, the parties will strive to come to an agreement to their original intentions. 5) Any dispute or difference arising between the parties with regard to the terms of this Agreement/Pact, any action taken by the Owner/Principal in accordance with this Agreement/ Pact or interpretation thereof shall not be subject to arbitration. Article-10: Legal and Prior Rights All rights and remedies of the parties hereto shall be in addition to all the other legal rights and remedies belonging to such parties under the Contract and/or law and the same shall be deemed to be cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of brevity, both the Parties agree that this Pact will have precedence over the Tender/Contract documents with regard any of the provisions covered under this Pact. IN WITNESS WHEREOF the parties have signed and executed this Pact at the place and date first above mentioned in the presence of following witnesses: _________________________ Page 66 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

(For and on behalf of Principal/Owner) __________________________ (For and on behalf of Bidder/Contractor)

WITNESSES:

1.

__________________________ (signature, name and address)

2.

__________________________ (signature, name and address)

.

Page 67 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE M DECLARATION FOR EXPERIENCE IN OUTDOOR ADVERTISEMENT BUSINESS (TO BE SUBMITTED ON LETTER HEAD OF THE BIDDER DULY SIGNED ) Note: Copy to be uploaded along with tender and original to be submitted during documents verification. Subject: Tender No: ________________________________ due on ___________. I/We _________________________________________________ (Name of Bidder), hereby declare that: • I/We have quoted in the tender and declare that we have a minimum experience of 2 years in outdoor advertisement as per requirement of the tender. • I/We, hereby confirm that if any discrepancy observed in the submitted tender even at a future date, I/We will abide by all the terms and conditions as per all the documents hosted including Addendums/Changes/Corrigendum, on your e-portal related with subject tender.

Tenderer's Signature & Seal Date: Place:

Page 68 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE N DECLARATION FOR NUMBER OF CITIES (TO BE SUBMITTED ON LETTER HEAD OF THE BIDDER DULY SIGNED AND CERTIFIED BY CHARTERED ACCOUNTANT/AUDITOR) Note: Copy to be uploaded along with tender and original to be submitted during documents verification. Subject: Tender No: ________________________________ due on ___________. I/We _________________________________________________ (Name of Bidder), hereby declare that: •

I/We have quoted in the tender and declare that we have an experience undertaking display of outdoor media in ……… cities, out of which…… are metro cities, in the preceding two years to be reckoned from the due date of bid submission, as per tender requirement.



Copy of work orders along with relevant completion certificates from respective clients, duly certified by statutory auditor/ Chartered Accountant in support of this declaration are attached herewith, as per tender requirement.

Tenderer's Signature & Seal Date: Place:

Chartered Accountant/Auditor’s Signature & Seal Date: Place:

Page 69 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE O DECLARATION FOR NUMBER OF CLIENTS (TO BE SUBMITTED ON LETTER HEAD OF THE BIDDER DULY SIGNED AND CERTIFIED BY CHARTERED ACCOUNTANT/AUDITOR) Note: Copy to be uploaded along with tender and original to be submitted during documents verification. Subject: Tender No: ________________________________ due on ___________. I/We _________________________________________________ (Name of Bidder), hereby declare that: •I/We have quoted in the tender and declare that we have undertaken the job of outdoor advertisings campaign with at least ……………. listed companies in the preceding two years, reckoned from the due date of bid submission, as per tender requirement. •

We further declare that we have worked with …………. number of government organizations/ PSUs as client in the preceding two years, reckoned from the due date of bid submission , as per tender requirement.



Copy of work orders along with relevant completion certificates from respective clients, duly certified by statutory auditor/ Chartered Accountant in support of this declaration are attached herewith, , as per tender requirement.

Tenderer's Signature & Seal Date: Place:

Chartered Accountant/Auditor’s Signature & Seal Date: Place:

Page 70 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE P DECLARATION FROM BIDDER REGARDING SUBMISSION OF MULTIPLE BIDS (TO BE SUBMITTED ON LETTER HEAD OF THE BIDDER DULY SIGNED) Note: Copy to be uploaded along with tender and original to be submitted during documents verification. Subject: Tender No: 2018_MKTHO_ 77409 due on 16.07.2018 I/We _________________________________________________ (Name of Bidder), hereby declare that I/We have noted the following conditions towards submission of bids 1) Each tenderer can submit only one bid. 2) A person shall be deemed to have submitted multiple bids if he submits more than one bid either individually or in any combination of person (individual capacity, proprietor, affiliates, partnership, association of persons, Company). All such multiple bids shall be liable for rejection. (a) A person shall for this purpose mean an individual, proprietor, any partner, association of persons, affiliate and company. (b) A company shall for this purpose include any artificial person whether constituted under the laws of Indian or of any other country. (c) A person shall be deemed to have bid in a partnership format or in association of persons format if he is a partner of the firm which as submitted the bid or is a member of any association of persons which has submitted a bid. (d) A person shall be deemed to have bid in a Company format if, the person holds more than 10% (ten percent) of the voting share capital of the company which has submitted a bid, or is a Director of the Company which has submitted a bid, or holds more than 10% (ten percent) of voting share capital and/or is a Director of a holding Company which has submitted the bid. (e) Affiliates of a firm are not permitted to make separate bids directly or indirectly. Two or more parties who are affiliates of one another can decide which affiliate will make the bid. Only one affiliate may submit a bid. If two or more affiliates submit more than one bid, then all such bids shall be liable for rejection. Having taken cognizance of these conditions, I/We hereby confirm that we have not submitted multiple bids against the subject tender. In case, if it is found that I/We have submitted multiple bids in line with the above conditions, I/We understand that IOCL is authorized to summarily reject all such multiple bids, forfeit my / our EMD and may take any other action as deemed fit. Tenderer's Signature & Seal Date: Place: Page 71 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE Q PAYMENT THROUGH ELECTRONIC FUND TRANSFER (EFT) & REAL TIME GROSS SETTLEMENT (RTGS) FORMAT FOR GIVING CONSENT AND BANK DETAILS ON LETTER HEAD

Date: To M/s Indian Oil Corporation Ltd ………………………………… Sirs, With reference to your request, we hereby agree to accept the payment of our bills through “EFT/RTGS/Internet”. The desired Bank Account details are given below: 1

Beneficiary’s Name

2

Name of the Bank (to which payments should be sent)

3

Branch Name

4

Address of the Branch

5

STD Code and Telephone No of Branch

6

Branch Code

7

9 Digit Code Number of Bank & Branch as appearing on the MICR Cheque

8

Bank Account No (As appearing on the Cheque Book)

9

Account Type (SB/CA/CC)

10

Branch IFSC Code (Applicable only for RTGS payments)

Page 72 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

* Please attach a blank cancelled cheque issued by your bank relating to your above account for verifying the accuracy of the same. I hereby declare that the particulars given above are correct and complete.

Signature of Account Holder with rubber stamp

Enclosed: One cancelled cheque

Page 73 of 74

TENDER NO:

HCC/CC-01/PT-47/2018-19

NAME OF WORK: Publicity campaign of Pradhan Mantri Ujjwala Yojana (PMUY) through outdoor media

ANNEXURE R DEFINITIONS AND ABBREVIATIONS

The following expressions hereunder and elsewhere in the Contract Documents used, unless repugnant to the subject or context thereof, shall have the following meanings hereunder respectively assigned to them. The “Owner” means Indian Oil Corporation Limited (also referred as IOC or IOCL or Indian Oil) incorporated in India having their Registered office at Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra East, Mumbai – 400 051 shall include their successors and assignees for orders placed by Indian Oil Corporation Limited. a) The “Owner” means Indian Oil Corporation Limited (also referred as IOC or IOCL or Indian Oil) incorporated in India having their Registered office at Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra East, Mumbai – 400 051 shall include their successors and assignees for orders placed by Indian Oil Corporation Limited. b) “Corporation”, “IOCL”, “Indian Oil”, “Client” : Same as Owner. c) “Vendor”, “Successful Bidder”, “Service Provider”: Shall mean Individual, agency, Firm or Company (Whether incorporated or not) selected by the OWNER for the performance of the Contract and shall include its legal representatives, successors and permitted assigns. d) “Tender or”, “Bidder” : shall mean any Person or Persons, Firm or Proprietor who participates in this Tender indicating his / her / their interest & offering the Project / Work and its successful completion e) “Supplies”, “Project”, “Work”: specified job(s) and / or work(s) of this tender for delivery and installation of goods or services as mentioned in the tender. f) The “Contract” shall mean the agreement between the parties as derived from the Contract Documents. g) OMC – Oil Marketing Companies i.e. Indian Oil Corporation Limited, Hindustan Petroleum Corporation Limited; and Bharat Petroleum Corporation Limited h) PMUY – Pradhan Mantri Ujjwala Yojana i) Metro cities – Delhi, Mumbai, Kolkata, and Chennai j) Similar works – As mentioned in the Scope of Work k) EMD – Earnest Money Deposit

Page 74 of 74

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