Northern Railway - Tender Document
Northern Railway - Tender Document
TOP SHEET
1. Important Details :
Full Name of Service/Work SELECTION OF AGENCY FOR SOCIAL MEDIA
MANAGEMENT AND MEDIA ANALYSIS
SERVICES FOR NORTHERN RAILWAY (FOR
TWO YEARS)
Appx. Total Cost of Service/Work Rs. 2,91,60,000/- Exclusive of GST (Rs. Two Crore
(Exclusive of GST) Ninety One Lakh Sixty Thousand Only) per annum;
or
Rs. 5,83,20,000/- Exclusive of GST (Rs. Five Crore
Eighty Three Lakh Twenty Thousand only) for two
years.
Appx Total Cost of Service/Work (with Rs. 6,88,17,600/- with GST (Rs. Six Crore Eighty
GST) Eight Lakh Seventeen Thousand Six Hundred
Only) for two years.
Earnest Money Amount Rs. 4,94,088/- (Rs. Four Lakh Ninety Four
Thousand Eighty Eight Only)
Cost of Application Form Rs. 10,000/- + 18% GST = Rs.11,800/- (Non-
Refundable) (Rs. Eleven Thousand Eight Hundred
only) in cash across the Railway Counter or if
downloaded from website - Demand Draft/Pay
Order in favour of FA&CAO, Northern Railway,
New Delhi.
(In case if Application Form is required by Post –
Rs. 500/- will be charged extra)
Last Date of downloading Application Up to 12.00 hrs. on 23/05/2022
Form from NR‟s official Website/
purchase from PR Office
Last Date/Time of submission of Up to 12.30 hrs. 23/05/2022
Application
Date & Time of Opening of Applications On 23/05/2022 at 12.35 hrs. onwards
Venue for Application Submission and CPRO Office, State Entry Road, NDCR Building,
Application opening New Delhi-110055
Particulars of the Website from where the
Application Form, Procedure of Selection www.nr.indianrailways.gov.in
and Terms & Conditions etc. may be
downloaded
1. I/We have read the various conditions to bid attached here to and hereby agree to
abide by the said conditions. I/We also agree to keep this bid open for acceptance for
a period of 90 days from the date fixed for opening the same and in default thereof.
I/We will be liable for forfeiture of My/Our Earnest Money. I/We offer to provide the
services for ‘Social Media Management and Media Analysis Services’ at the rates
quoted in the attached schedule and hereby bind myself/ourselves to begin to
complete the work/provide the services in all respects within 15 days from the date of
issue of Letter of Acceptance of the bid.
2. I/We also hereby agree to abide by the Indian Railways General Conditions of
Contract for Services, with all correction slips up-to-date and to carry out the work
according to the Special Conditions of Contract and Specifications of materials and
works as laid down by Northern Railway in the annexed Special
Conditions/Specifications, Schedule of Rates with all correction slips up-to-date for
the present contract.
3. A sum of Rs. 4,94,088/- (Rs. Four Lakh Ninety Four Thousand Eighty Eight Only) is
hereby forwarded as Earnest Money in the form of DD vide DD No/MR
No_________________________________________________________________
dt.__________________ in favour of FA&CAO/Northern Railway, New Delhi. The full
value of the Earnest Money shall stand forfeited without prejudice to any other rights
of remedies if:-
a. I/We do not execute the contract documents (Agreement) within 21 days after receipt
of the notice issued by Northern Railway that such documents are ready and
b. I/We do not commence the work within 15 days after receipt of orders.
5. Until a formal agreement is prepared and executed, acceptance of this Bid shall
constitute a binding contract between us subject to modifications, as may be mutually
agreed to between us and indicated in the letter of acceptance of my/our offer for this
work/ service.
1. Instructions to bidder and Conditions of bid: The following documents form part of bid /
Contract:
(a) Bid forms-First Sheet and Second Sheet
(b) Special Conditions/Specifications (enclosed)
I Schedule of approximate quantities (enclosed)
(d) Standard General Conditions of Contract and Standard Specifications for Materials
and Works of Indian Railway as amended/corrected upto latest Correction Slips,
copies of which can be seen in the office of Chief Public Relations Officer, Northern
Railway State Entry Road, New Delhi or obtained from the same office of Northern
Railway on payment of prescribed charges.
2. Drawings for the Work: The drawings for the work can be seen in the office of the Chief
Public Relations Officer, Northern Railway State Entry Road, New Delhi at any time during
the office hours. The drawings are only for the guidance of Bidder(s). Detailed working
drawings (if required) based generally on the drawing mentioned above, will be given by the
Manager or her representative from time to time.
3. The Bidder(s) shall quote its / their rates as a percentage above or below the Schedule
of Rates of Northern Railway as applicable to Railway Board/Division except where
she/they are required to quote item rates and must tender for all the items shown in the
Schedule of approximate quantities attached. The quantities shown in the attached
Schedule are given as a guide and are approximate only and are subject to variation
according to the needs of the Railway. The Railway does not guarantee work under each
item of the Schedule.
4. Application Form containing erasures and / or alterations of Application Form are liable
to be rejected. Any correction made by bidder(s) in its/their entries must be attested.
5. The works are required to be commenced within a period of 15 days from the date of
issue of acceptance letter.
6. Earnest Money:
(a) The Application Form for bid must be accompanied by a sum of Rs. 4,94,088/- (Rs.
Four Lakh Ninety Four Thousand Eighty Eight Only) as earnest money deposited
in cash or in any of the forms as specified, failing which the bid will not be
considered. However, registered MSEs in terms of Ministry of MSMEs notification
No. 503 are exempted from Earnest Money Deposit.
(b) The bidder(s) shall keep the offer open for a minimum period of 90 days from the
date of opening of the bid. It is understood that the bid documents have been
sold/issued to the bidder(s) and the bidder(s), is / are permitted to bid in
consideration of the stipulation
on its / their part that after submitting its / their bid subject to the period being
extended further, if required by mutual agreement from time to time, it will not resile
from its offer or modify the terms and conditions thereof in a manner not acceptable
to the Chief Manager/Manager. Should the bidder fail to observe or comply with the
foregoing stipulation, the amount deposited as Earnest Money for the due
performance of the above stipulation, shall be forfeited to the Railway.
(c) If the bid is accepted, the amount of Earnest Money will be returned to the
successful bidder after the submission of the Performance Guarantees as per
clause 4.11, for the due and faithful fulfillment of the contract. This amount of EMD
Signature of Ch.OS Signature of Sr.PRO Signature of Tenderer
pg. 3
shall be forfeited, if the Bidder(s)/ Contractor(s) fail to execute the Contract
Document within 7 days after receipt of notice issued by Railway that such
documents are ready or to commence the work within 15 days (unless otherwise
specified) after receipt of the order to that effect.
(d) Earnest Money of the unsuccessful Bidder(s) will, save as here-in-before provided,
be returned to the unsuccessful Bidder(s) within 15 days after finalization of the bid /
negotiation, but the Railway shall not be responsible for any loss or depreciation
that may happen to the Security for the due performance of the stipulation to keep
the offer open for the period specified in the bid documents or to the Earnest Money
while in their possession nor be liable to pay interest thereon.
7. Rights of the Railway to Deal with Tender: The authority for the acceptance of the
tender will rest with the Railway. It shall not be obligatory on the said authority to accept the
lowest tender or any other tender and no bidder(s) shall demand any explanation for the
cause of rejection of its/their tender nor the Railway to assign reasons for declining to
consider or reject any particular tender or tenders.
8. If the bidder(s) deliberately gives / give wrong information in her / their tender or
creates/ create circumstances for the acceptance of her / their tender, the Railway reserves
the right to reject such tender at any stage.
9. If the bidder(s) expire(s) after the submission of its / their tender or after the acceptance
of her / their tender, the Railway shall deem such tender cancelled. If a partner of a firm
expires after the submission of their tender or after the acceptance of their tender, the
Railway shall deem such tender as cancelled, unless the firm retains its character.
10. Bidder‟s Credentials: Bidder shall submit the documents as demanded under Bid
Evaluation criteria along with the bid.
11. For Manual Bidding:
Application Bid must be enclosed in a sealed cover, superscripted “Application Form No.
………. “ and must be sent by registered post to the address of Chief Public Relations
Officer, Northern Railway State Entry Road, New Delhi so as to reach her/their office not
later than 12.30 Hours on the 23/05/2022 or deposited in the special box allotted for the
purpose in the office of Chief Public Relations Officer, Northern Railway State Entry Road,
New Delhi. This Special box will be sealed at 12.30 hours on 23/05/2022. The Bid will be
opened at 12.35 hours on the same day. The Bid papers will not be sold after 12.00 hours
on 23/05/2022.
12. Non-compliance with any of the conditions set forth therein above is liable to result in the
tender being rejected.
13. Execution of Contract Documents: The successful bidder(s) shall be required to
execute an agreement with the President of India acting through the Railway for carrying out
the work according to Standard General Conditions of Contract, Special Conditions /
Specifications annexed to the tender and Specification for work and materials of Railway as
amended/corrected up to latest Correction Slips, mentioned in tender form (First Sheet).
14. Partnership Deeds, Power of Attorney Etc.: The bidder shall clearly specify whether
the bid is submitted on her own or on behalf of a partnership concern. If the bid is submitted
on behalf of a partnership concern, it should submit the certified copy of partnership deed
along with the tender and authorization to sign the tender documents on behalf of
(Signature)
Signature of Bidder(s) (Designation)
Northern Railway intends to select an agency through the process of open bidding.
The agency shall work within the existing framework of rules and regulation of
Railways for professional analysis & feedback of content across various media which
will also include perception analysis of the news, ongoing issues (if any), generating
insights, gauging frequency of news items.
The agency will lend professional expertise to the already functional Public Relations
Department of the railways for:
1.5.2 The value of PG to be submitted by the, contractor will not change for variation
upto 25% (either increase or decrease). In case during the course of execution,
value of the contract increases by more than 25% of the original contract value,
an additional Performance Guarantee amounting to 10% ( five percent) for the
excess value over the original contract value shall be deposited in four equal
parts by the contractor. On the other hand, if the value of Contract decreases
by more than 25% of the original contract value, Performance guarantee
amounting to 10% of the decrease in the contract value shall be returned to
contractor. The PG amount in excess of required PG for decreased contract
value, available with railways shall be returned to the contractor duly
safeguarding the interest of Railways.
1.5.3 The applicable Performance Guarantee shall be calculated as per the revised
value of the contract covering all variations upto the determination of the
contract
1.5.4 If the penalty imposed exceeds 50% of the applicable maximum penalty (as per
the revised value of the contract), a PG equivalent to 25% of the applicable PG
shall be forfeited. If the penalty imposed exceeds 75% of the applicable
maximum penalty, a PG equivalent to 50% of the applicable PG shall be
forfeited. The PGs shall be encashed after the completion of the contract.
1.5.5 The successful bidder shall submit the Performance Guarantees (PG) in any of
the following forms, amounting to 3% of the contract value –
Note :- The instruments as listed above will also be acceptable for Guarantees
in case of Mobilization Advance.
1.5.6 The Performance Guarantees shall be submitted by the successful bidder after
the Letter of Acceptance (LOA) has been issued, but before signing of the
contract agreement. These PGs shall be initially valid up to the stipulated date
of completion and maintenance period, if any plus 60 days beyond that. In
case, the time for completion of service gets extended, the contractor shall get
the validity of PGs extended to cover such extended time for completion and
maintenance period, if any of service plus 60 days.
1.5.7 The Performance Guarantees (PGs) shall be released after physical completion
of the work/service delivery based on „Completion Certificate‟ issued by the
competent authority stating that the contractor has completed the assigned
services in all respects satisfactorily and passing of final bill based on “No
Claims Certificate” from the contractor. In case any contract provides for
warranty maintenance clause then 25% of the Performance Guarantee would
be retained till the warranty/maintenance period is over and a certificate to that
effect is issued by the Manager.
1.5.9 The Manager shall not make a claim under the Performance Guarantee except
for amounts to which the President of India is entitled under the contract (not
withstanding and/or without prejudice to any other provisions in the contract
agreement) in the event of –
Failure by the contractor to pay President of lndia any amount due, either as
Agreed by the contractor or determined under any of the Clauses/Conditions
of the Agreement, within 30 days of the service of notice to this effect by
Manager.
(b) The Contract being determined or rescinded under provision of the GCC,
the Performance Guarantee shall be forfeited in full and shall be absolutely
at the disposal of the President of lndia.
2.1.3. The agency will aggregate the grievances received through various social
media forums and keep on sharing the same with the nominated official
responsible for grievance redressal at Northern Railway‟s Divisional or Zonal
Headquarters.
(9) The agency is required to analyze all three forms of media i.e.
● Print Medium (Newspapers and magazines)
● Online Medium (News websites/Digital Dotcoms)
● Broadcast Medium (FM Channels/TV Channels)
2.2.3 For analyzing news, the agency is required to deploy a dedicated and
qualified team of analysts, working at the back end offices, to read and qualify
the news to aid the CPRO in:
Note:
1. The deployed manpower will work under the supervision/guidance of
the CPRO and DRM’s PR Cell’s Officer Incharge.
2.6 Reports
The mobile application should be available for both Android and iOS
platforms
Every quarter, the agency is required to provide all news articles and TV
programmes monitored during the quarter in a hard drive
The hard drive for last quarter should be delivered in the first week of the
first month of every quarter
The duration of the contract will be for a period of two years, on monthly retainer
basis, from the date of issue of the letter of award. The successful applicant shall be
required to execute an agreement on non-judicial stamp paper worth Rs. 100/-
attested by notary public oath commissioner/first class magistrate.
The cost of the stamp duties for the execution of the agreement will be borne by the
successful bidding agency. Northern Railway shall conduct the periodic Appraisal of
the services offered by the Agency engaged. The under performer deployed
manpower
Signature of Ch.OS Signature of Sr.PRO Signature of Tenderer
pg. 14
5.0 Right to Accept Proposal
Railways reserves the right to accept or reject any proposal and to annul the
proposal process or to reject all proposals at any time prior to award of contract,
without assigning any reason or without incurring any liability to the affected parties
or any obligation to inform the affected parties of the grounds for such decision.
CPRO office Northern Railway, State Entry Road, New Delhi reserves the right to
seek performance report from other clients of the Agency.
Offers to provide these services are invited from agencies having experience of
providing such services. No addition, alteration or modification to the documents
once submitted shall be permitted. However, Northern Railway may at its discretion
seek clarifications from the parties concerned, if any. An evaluation committee
formed for evaluation of scrutinized documents and Technical & Financial Criteria
mentioned in the process for selection of agency given below:
Eligibility criteria:
o The agency shall be of sound financial status with a turnover of Rs. 15 Crore
or more in the last financial year.
o The agency must have carried out (completed/ongoing) at least 3 eligible
projects for Government of India (Central/ State/ PSU) during the last 3
financial years.
1. Details of offices located in cities with address, phones – both fixed and mobile, fax
no‟s and e-mail ID etc. (To be marked as Annexure-1)
3. Details of eligible projects completed/ongoing with duration and value (in Rs._____)
during the last 3 financial years. Self-Attested copies of various Work orders to be
submitted. (To be marked as Annexure-3)
5. Annual turnover duly certified by the chartered accountant of the agency with proper
seal and signatures along with financial details like certified copies of Audited
Balance Sheets of preceding 3 years (Certification by Chartered Accountant/Auditor
is mandatory- To be marked as annexure-5)
Signature of Ch.OS Signature of Sr.PRO Signature of Tenderer
pg. 15
6. Copies of Income Tax Returns filed for the last 3 years and GST Registration
Certificate. [To be marked as Annexure-6(i) & 6(ii)]
7. Names and short CVs of principal officers of agency. The list of the technically
qualified and competent professionals on rolls with the agency (especially Project
Leads, Social Media Manager, Graphic Designers, Content Writers, Content
Analysts, Project Manager, Response Management Executive, Video Editor,
Photography and Videography personnels) clearly mentioning their name,
designation, academic and professional qualifications, length of service with the
agency, achievements etc. [As Annexure-7(i) to 7(viii)]
8. All the copies of financial documents must be certified by the agency‟s Chartered
Accountant, with proper seal and date. The documents, the data, other statements
and details in the application may be subjected to verification (physical or otherwise)
by Northern Railway‟s Public Relations office.
Note : All the documents submitted should have been properly numbered and
indexed as suggested above. The grand total of amounts should invariably be done.
Wherever necessary the values mentioned in figures (Rs.) should also be mentioned
in words. Values without indicating grand totals will not be taken into account.
6.1 Preliminary Scrutiny: Preliminary scrutiny of the applications will be done to ensure
fulfillment of eligibility criteria by agency, to determine that the application is
complete, documents have been properly signed, that there are no computational
errors and that required documents are in order (Applications not conforming to these
preliminary requirements will not be considered.)
6.2 Selection Method: Selection will be QCBS based where bidder will also be
evaluated based on a technical presentation. The bidder shall submit a financial bid,
in the format given at Annexure-C in a separate sealed cover, for the service/work
as defined in the scope of work.
6.3 Bifurcated costs of each and every individual services/works including all
costs pertaining to personnel and logistics for execution of the complete work as per
the Scope of Work, Activities, Terms & Conditions, Deliverables and Compliances etc.
should also be pronged and specified as Annexure-C(i). The aggregate grand total
rate quoted should be mentioned in the format given at Annexure-C.
6.5 Technical Evaluation: The bidders would be shortlisted based on the technical
evaluation given below:-
Mention/
S. Max.
Parameter Specify the
No. Score
Value here
>=30 crores
3 projects
3 5
4 projects
5 projects
6 or more projects
30
4 31 to 40 5
41 to 50
51 or more
>=2 crores
>=7 years
>=5 years
>=5 years
>=5 years
>=5 years
Total 100
Note: Eligible project for this purpose means completed/ongoing works of managing
social media handles or analyzing various forms of media (print, digital and online)
for Government/Semi-Government/PSU/Autonomous body under any Ministry of
Central/State Government or Private organizations.
In case, the project is on monthly retainer basis, the total value of the project will be
calculated as – Work Order billing per month x Duration of project in months.
Bidders having technical score of 70 and above will be eligible for Financial
Evaluation.
Signature of Ch.OS Signature of Sr.PRO Signature of Tenderer
pg. 18
6.6 Evaluation of Financial Bid
7 Award of contract:
Railways will enter into an Agreement with the agency selected after the due process
is completed. After signing of the Contract Agreement, no variation in or modification
of the term of the Contract shall be made except by written amendment signed by the
parties.
8 Disqualification:
If the parties reach agreement on a settlement of the dispute, they shall draw
up and sign a written settlement agreement duly signed by GM, Contractor and
conciliator(s). When the parties sign the settlement agreement, it shall be final
and binding on the parties.
The parties shall not initiate, during the conciliation proceedings, any arbitral or
judicial proceedings in respect of a dispute that is the subject matter of the
conciliation proceedings.
Work under the contract shall, unless otherwise directed by the GM, continue
during the arbitration proceedings, and no payment due or payable by the
Railway shall be withheld on account of such proceedings, provided, however,
it shall be open for Arbitral Tribunal to consider and decide whether or not such
work should continue during arbitration proceedings.
In cases where the total value of all claims in question added together does not
exceed Rs. 1,00,00,000/- (Rupees One Crore only), the Arbitral Tribunal shall
consist of a Sole Arbitrator who shall be a Gazetted Officer of Railway not
below JA Grade, nominated by the General Manager. The sole arbitrator shall
be appointed within 60 days from the day when a written and valid demand for
arbitration is received by GM.
In cases not covered by the above Clause, the Arbitral Tribunal shall consist of
a panel of three Gazetted Railway Officers not below JA Grade or 2 Railway
Gazetted Officers not below JA Grade and a retired Railway Officer, retired not
below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway
will send a panel of at least four (4) names of Gazetted Railway Officers of one
or more departments of the Railway which may also include the name(s) of
retired Railway Officer(s) empanelled to work as Railway Arbitrator to the
contractor within 60 days from the day when a written and valid demand for
arbitration is received by the GM.
Contractor will be asked to suggest to General Manager at least 2 names out of
the panel for appointment as contractor‟s nominee Within 30 days from the
date of dispatch of the request by Railway. The General Manager shall appoint
at least one out of them as the contractor‟s nominee and will, also
simultaneously appoint the balance number of arbitrators either from the panel
or from outside the panel, duly indicating the „presiding arbitrator‟ from amongst
In cases where the total value of all claims in question added together does not
exceed Rs. 50,00,000/- (Rupees Fifty lakh only), the Arbitral Tribunal shall
consist of a Retired Railway Officer, retired not below the rank of SAG Officer,
as the arbitrator. For this purpose, the Railway will send a panel of at least four
(4) names of retired Railway Officer(s) empanelled to work as Railway Arbitrator
duly indicating their retirement dates to the contractor within 60 days from the
day when a written and valid demand for arbitration is received by the GM.
Contractor will be asked to suggest to General Manager at least 2 names out of
the panel for appointment as arbitrator within 30 days from the date of dispatch
of the request by Railway. The General Manager shall appoint at least one out
of them as the arbitrator.
In cases where the total value of all claims in question added together exceed
Rs. 50,00,000/- (Rupees Fifty lakh only), the Arbitral Tribunal shall consist of a
panel of three (3) retired Railway Officers, retired not below the rank of SAG
Officer, as the arbitrators. For this purpose, the Railway will send a panel of at
least four (4) names of retired Railway Officer(s) empanelled to work as Railway
Arbitrator duly indicating their retirement dates to the contractor within 60 days
from the day when a written and valid demand for arbitration is received by the
GM.
Contractor will be asked to suggest to General Manager at least 2 names out of
the panel for appointment as contractor‟s nominee within 30 days from the date
of dispatch of the request by Railway. The General Manager shall appoint at
least one out of them as the contractor‟s nominee and will, also simultaneously
appoint the balance number of arbitrators either from the panel or from outside
the panel, duly indicating the „Presiding Arbitrator‟ from amongst the 3
arbitrators so appointed. GM shall complete this exercise of appointing the
Arbitral Tribunal within 30 days from the receipt of the names of contractor‟s
nominees. While nominating the arbitrators, it will be necessary to ensure that
one of them has served in the Accounts Department.
d. The Arbitral Tribunal shall have power to call for such evidence by way of
affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be
the duty of the parties hereto to do or cause to be done all such things as may
be necessary to enable the Arbitral Tribunal to make the award without any
delay. The proceedings shall normally be conducted on the basis of documents
and written statements.
e. Before proceeding into the merits of any dispute, the Arbitral Tribunal shall first
decide and pass its orders over any plea submitted/objections raised by any
party, if any, regarding appointment of Arbitral Tribunal, validity of arbitration
agreement, jurisdiction and scope of the Tribunal to deal with the dispute(s)
submitted to arbitration, applicability of time „limitation‟ to any dispute, any
violation of agreed procedure regarding conduct of the arbitral proceedings or
plea for interim measures of protection and record its orders in day to day
proceedings. A copy of the proceedings duly signed by all the members of
tribunal should be provided to both the parties.
f. Qualification of Arbitrator(s)
h. While appointing arbitrator(s) due care shall be taken that he/they is/are not the
one/those who had an opportunity to deal with the matters to which the contract
relates or who In the course of his/their duties as Railway servant(s) expressed views
on all or any of the matters under dispute or differences. A certification to this effect
as per Annexure-F shall be taken from Arbitrators also. The proceedings of the
Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid
merely for the reason that one or more arbitrator had, in the course of his service,
opportunity to deal with the matters to which the contract relates or who in the course
of his/their duties expressed views on all or any of the matters under dispute.
i. The arbitral award shall state item wise, the sum and reasons upon which it is based.
The analysis and reasons shall be detailed enough so that the award could be
inferred therefrom.
l. In case of the Tribunal, comprising of three Members, any ruling on award shall be
made by a majority of members of Tribunal. In the absence of such a majority, the
Views of the Presiding Arbitrator shall prevail.
m. Where the arbitral award is for the payment of money, no interest shall be payable on
whole or any part of the money for any period till the date on which the award is
made.
n. The cost of arbitration shall be borne by the respective parties. The cost shall Inter-
alia include fee of the arbitrator(s), as per the rates fixed by Railway Board from time
to time and the fee shall be borne equally by both the parties, provided parties sign
an agreement in the format given at Annexure-E to these conditions after/ while
referring these disputes to Arbitration. Further, the fee payable to the arbitrator(s)
would be governed by the instructions issued on the subject by Railway Board from
time to time irrespective of the fact whether the arbitrator(s) is/are appointed by the
Railway Administration or by the court of law unless specifically directed by Hon‟ble
court otherwise on the matter.
o. Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and
the rules thereunder and relevant para of General Conditions of Contract (GCC)
applicable to railways and any statutory modifications thereof shall apply to the
appointment of arbitrators and arbitration proceedings under this Clause.
10 Penalties :
10.1 In case of any damage is caused by the contractor to any railway property, the cost
of such damages will be recovered from the contractor bill.
10.2 If any compensation/penalty is to be paid by the Railway in compliance of the
order/judgment passed by the court, consumer forum or any other law enforcing
agency on default of the contractor or his person/servant/employee to the
complainant, the said amount shall be liable to be paid by the contractor. The
Note : After commencement of work, for an initial period of two weeks no penalty on
account of Quantity shortfall or minor quality issues shall be imposed on the
contractor to stabilize the process.
The contract shall be governed by the law for the time being in force in the Republic
of India.
The Agency shall conform to the provision of any statute relating to the services and
regulations and bye-laws of any local authority and of any water, drainage and
lighting companies or undertakings, with whose system the services are proposed to
be provided and shall before making any variation from the drawings or the
specifications that may be necessitated by so confirming give to the Manager notice
specifying the variation proposed to be made and the reason for making the variation
and shall not carry out such variation until she has received instructions from the
Manager in respect thereof. The Contractor shall be bound to give all notices
required by statute, regulations or bye-laws as aforesaid and to pay all fees and
taxes payable to any authority in respect hereof.
All notices, communication, reference and complaints made by the Railway or the
Manager or the Manager‟s Representative or the Contractor infers concerning the
Works/services shall be in writing and no notice, communication, reference or
Complaint not in writing shall be recognized.
The Agency shall furnish to the Manager the name, designation and address of its
authorized agent and all complaints, notices, communications and references shall
be deemed to have been duly given to the Agency, if delivered to the Agency or her
authorized agent or left at or posted to the address so given and shall be deemed to
have been so given in the case of posting on day on which they would have reached
such address in the ordinary course of post or on the day on which they were so
delivered or left. In the case of contract by partners, any change in the constitution of
the firm shall be forthwith notified by the Agency to the Manager.
If at any time, during the continuance of this contract, the performance in whole or in
part by either party of any obligation under this contract shall be prevented or delayed
by reason of any war, hostility, acts of public enemy, civil commotion, sabotage,
serious loss or damage by fire, explosions, epidemics/pendemics, strikes, lockouts or
acts of God (hereinafter, referred to events) provided, notice of the happening of any
such event is given by either party to the other within 7 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 damages against the
other in respect of such nonperformance or delay in performance, and works/services
under the contract shall be resumed as soon as practicable after such event has
come to an end or ceased to exist, and the decision of the Manager as to whether the
works/ services have been so resumed or not shall be final and conclusive,
PROVIDED FURTHER that if the performance in whole or in part of any obligation
under this contract is prevented or delayed by reason of any such event for a period
exceeding 120 days, either party may at its option terminate the contract by giving
notice to the other party.
14.0 Confidentiality
The parties shall keep confidential all confidential information and not, without the
prior written consent of the other party, disclose the Confidential Information to any
party save to the extent required by law
15.1 Any bribe, commission, gift or advantage given, promised or offered by or on behalf
to the Agency or its partner, agent or servant or, anyone on its behalf, to any officer
or employee of the Railway, or to any person on her behalf in relation to obtaining or
execution of this or any other contract with the Railway shall, in addition to any
criminal liability which may incur, subjected Agency to the rescission of the contract
and all other contracts with the Railway and to the payment of any loss or damage
resulting from such decision and the Railway shall be entitled to deduct the amounts
so payable from any moneys due to the Agency under this contract or any other
contracts with the Railway.
15.2 The Agency shall not lend or borrow from or have or enter into any monetary
dealings or transactions either directly or indirectly with any employee of the Railway
and if she shall do so, the Railway shall be entitled forthwith to rescind the contract
and all other contracts with the Railway. Any question or dispute as to the
commission or any such offence or compensation payable to the Railway under this
Clause shall be settled by the General Manager of the Railway, in such a manner as
it shall consider fit & sufficient and its decision shall be final & conclusive. In the event
of rescission of the contract under this Clause, the Agency will not be paid any
compensation whatsoever except payments for the wow services rendered upto the
date of rescission.
It is understood and agreed that the Contractor has, by careful examination, satisfied
itself as to the nature, scope and location of the services, the type/character of
equipment and facilities needed preliminary to, and during the progress of the
services, the general and local conditions, the labour conditions prevailing therein
and all other matters which can in any way affect the services under the contract.
Signature of Ch.OS Signature of Sr.PRO Signature of Tenderer
pg. 27
17.0 Commencement of Services
The Agency shall commence the services within 15 days (unless specified otherwise)
after the receipt by it of an order in writing to this effect from the Manager or as
directed by the Manager and shall proceed with the same with due expedition and
without delay.
The Agency shall be responsible for all risk involved in the services rendered and
for trespass and shall make good at its own expense all loss or damage whether to
the works/services themselves or to any other property of the Railway or the lives,
persons or property of others from whatsoever cause in connection with the and this
although all reasonable and proper precautions may have been taken by the
Agency, and in case the Railway shall be called upon to make good any costs,
loss or damages, or to pay any compensation, including that payable under the
provisions of the Workmen‟s Compensation Act or any statutory amendments thereof
to any person or persons sustaining damages as aforesaid by reason of any act, or
any negligence or omissions on the part of the Agency; the amount of any costs
or charges including costs and charges in connection with legal proceedings, which
the Railway may incur in reference thereto, shall be charged to the Agency. The
Railway shall have the power and right to pay or to defend or compromise any
claim of threatened legal proceedings or in anticipation of legal proceedings being
instituted consequent on the action or default of the Agency, to take such steps as
may be considered necessary or desirable to ward off or mitigate the effect of such
proceedings, charging to Contractor, as aforesaid, any sum or sums of money which
may be paid and any expenses whether for reinstatement or otherwise which may be
incurred and the propriety of any such payment, defense or compromise, and the
incurring of any such expenses shall not be called in question by the Agency.
During progress of services in any street or thoroughfare, the Agency shall make
adequate provision for the passage of traffic, for securing safe access to all premises
approached from such street or thoroughfare and for any drainage, water supply or
means of lighting which may be interrupted by reasons of the execution of the
services and shall react and maintain at her own cost barriers, lights and other
safeguards as prescribed by the Manager, for the regulation of the traffic, and
provide watchers necessary to prevent accidents.
The Contractor shall, when working on the Premises, perform its obligations under
the Contract in accordance with the Indian Railways environmental policy, which is to
conserve energy, water, wood, paper and other resources, reduce waste and phase
out the use of ozone depleting substances and minimize the release of greenhouse
gases, volatile organic compounds and other substances damaging to health and the
environment.
21.1 Where the Agency is processing Personal Data, as a Data Processor for the lndian
Railways, the Agency shall:
21.2 Notify the lndian Railways (within five Working Days) if it receives:
a) a request from a Data Subject to have access to that person‟s Personal Data; or
b) a complaint or request relating to the lndian Railways‟ obligations under the law;
21.3 The provision of this clause 21.0 shall apply during the Contract Period and indefinitely
after its expiry.
The Agency shall be responsible for carrying out all legal obligations as may be required
by the law. Broadly they are as under:-
Other Conditions
(a) The Agency shall also employ qualified resource persons based on value of the
contract and the extent of services as prescribed in the Bid documents as „Special
Conditions of Contract‟ by the Tender Inviting Authority.
(b) In case the Agency fails to employ the Resources, as aforesaid in the above
paragraph and in Annexure-B, Agency shall be liable to pay penalty at the rates, as
may be prescribed by the Ministry of Railways through separate instructions from
time to time for the default period for the provisions, as contained in this section or as
provided for in the bid document.
The whole of the services and/or supply of deliverables specified and provided in the
contract or that may be necessary to be done in order to form and complete any part
thereof shall be executed in the best and most substantial resource persons with
Signature of Ch.OS Signature of Sr.PRO Signature of Tenderer
pg. 30
expertise and in a workman like manner with materials of the best and most
approved quality of their respective kinds, agreeable to the particulars contained in or
implied by the specifications and as referred to in and represented by the drawings or
in such other additional particulars, instructions and drawings may be found requisite
to be given during the carrying on of the services and to the entire satisfaction of the
concerned Manager according to the instructions and directions which the
Contractors may from time to time receive from the concerned Manager.
At least 6 such
Whiteboard Animation
and videos, each of up
to 2 to 3 minutes per
quarter shall be
required.
At least 300
infographics per
quarter shall be
required.
Note: All concerned personnel shall be proficient in English, Hindi, Microsoft Office and IT
Tools required for managing social media like publishing softwares, softwares meant for
Creative Designs etc.
Working Timings: The Contractor shall have to carry out any required services round the
clock as per direction of the CPRO/DRM/Representative of CPRO/DRM.
(To be submitted in a Separate Sealed Cover inside the main sealed cover)
*The applicant shall also submit the break-up of costs for all the items mentioned in Scope of
work as Annexure-C(i). A total of the same shall be shown in the Lump Sum column
indicated as above. Later, in case if the successful Agency fails to deliver any service
mentioned in scope of work, penalty will be imposed on the basis of itemized break-up cost
submitted by the applicant/bidder please.
(The Annuxure-C as above & C(i) containing break up of costs to be submitted in a
Sealed Cover within the envelope containing Annexure-C)
Note:-
Price Basis
a. The quoted rates of the bidder in Sl. No. 1 of Price bid table have to be all-
inclusive (including all costs pertaining to personnel and logistics) for execution of
the complete work as per the Scope of Work, activities, terms & conditions, and
compliances, etc. Any other item as required for execution of Scope of work to be
provided within the quoted price.
b. The quoted rates are inclusive of all applicable taxes and levies, etc. except GST
charges. GST would be paid extra at applicable rates. The successful bidder
must be mandatorily registered under GST Act of the particular state.
c. Prices given are for a year and will remain firm till the execution of the contract for
2 years.
PERFORMANCE NOTICE
_______ RAILWAY
(Without Prejudice)
To
M/s_________________________________
Dear Madam/Sir
Yours faithfully,
___________RAILWAY
(Without Prejudice)
To
M/s _________________________________
Dear Madam/Sir,
1. Your attention is invited to this performance notice Issued by this office vide letter no.
_________, dated ________.
2. As you have Improved the delivery of services since the issue of the said notice, the
performance notice mentioned at para 1 above stands withdrawn.
Yours faithfully,
7 DAYS NOTICE
______________RAILWAY
(Without Prejudice)
To
M/s _____________________________
Dear Madam/Sir,
1. Performance Notice was given to you under this office letter of even no.,
dated______, but you have taken no action to commence the services / improve the
quality of the services to the specified standards.
2. You are hereby given 7 days notice to commence the service to make good the
default, failing which further action to terminate your Contract and complete the
balance services without your participation will be taken.
3. If your performance does not improve, on expiry of this period, a notice for
termination of the above contract shall be Issued to you under which your contract
shall stand rescinded and the services under this contract will be earned out
independently without your participation and your Performance Guarantee shall also
be encashed forfeited and consequences which may please be noted.
Yours faithfully,
To
M/s. _____________________________
Dear Madam/Slr
Seven days (7 days) notice was given to you under this office letter of even no.
dated_________ but your performance has not Improved/ you have taken no action to
commence the services/ improve the quality of the services to the specified standards.
Since the period of 7 days‟ notice has already expired, the above contract stands rescinded
and the balance services under this contract will be carried out independently without your
participation. Your participation as well as participation of every member/partner In any
manner as an individual or a partnership firm is hereby debarred from participation in the Bid
for executing the balance services and your Performance Guarantee shall also be encashed/
forfeited.
Yours faithfully,
Agreement towards Waiver under Section 12(5) and Section 31A (5) of Arbitration and
Conciliation (Amendment) Act
Brief of claim:
a. Claim 1- Detailed at Annexure –
b. Claim 2 –
c. Claim 3 –
I/we ______ do/do not agree to waive off applicability of section 12(5) of Arbitration and
Conciliation (Amendment) Act.
7. I have no any past or present relationship with or interest in any of the parties whether
financial, business, professional or other kind, which is likely to give rise to justifiable doubts
as to my independence or impartiality in terms of The Arbitration and Conciliation Act-1996.
Or
I have past or present relationship with or interest in any of the parties whether financial,
business, professional or other kind, which is likely to give rise to justifiable doubts as to my
independence or impartiality in terms of The Arbitration and Conciliation Act-1996. The
details of such relationship or interests are as under:
8. There are no concurrent Circumstances which are likely to affect my ability to devote
sufficient time to the arbitration and in particular to finish the entire arbitration within twelve
months.
Or
There are Circumstances which are likely to affect my ability to devote sufficient time to the
arbitration and in particular to finish the entire arbitration within twelve months. The list of
such circumstances is as under:
( To be executed in presence of Public notary on non-judicial stamp paper of the value of Rs.100/-. The stamp
paper has to be in the name of tenderer)**
I………………………(Name and designation)** appointed as the attorney/authorized signatory of the tenderer
(including its constituents),
M/s------------------------(hereinafter called the tenderer) for the purpose of the Tender documents for the work
of________________as per the tender No.____________________of Northern Railway, do hereby solemnly
affirm and state on the behalf of the tenderer including its constituents as under:
1. I/We the tenderer(s) am/are signing this document after carefully reading the contents.
2. I/We the tenderer(s) also accept all the conditions of the tender and have signed all the pages in
confirmation thereof.
3. I/We hereby declare that/I/we have downloaded the tender documents from Northern Railway website
www.nr.indianrailways.gov.in . I/we have verified the content of the documents from the website and there is
no addition, no deletion or no alteration to the content of the tender document. In case of any discrepancy
noticed at any stage i.e. evaluation of tender; execution of work or final payment of the contract, the master
copy available with the Railway Administration has all be final and binding upon me/us.
4. I/We declare and certify that I/we have not made any misleading or false representation in the forms,
statements and attachments in proof of the qualification requirements.
5. I/We also understand that my/our offer will be evaluated based on the documents/credentials/submitted
along with the offer and same shall be binding upon me/us.
6. I/We declare that the information and documents submitted along with the tender by me/us are correct and
I/we are fully responsible for the correctness of the information and documents, submitted by us.
7. I/We undersigned that if the certificates regarding eligibility criteria submitted by us are found to be
forged/false or incorrect at any time during process for evaluation of tenders, it shall lead to forfeiture of the
tender EMD besides banning of business for five year on entire IR. Further, I/We(insert name of the
tenderer)**______________________and all my/our constitutes understand that my/our offer shall be
summarily rejected.
8. I/We also understand that if the certificates submitted by us are found to be false/forged or incorrect at any
time after the award of the contract, it will lead to termination of the contract, along with forfeiture of EMD/SD
and Performance guarantee besides any other action provided in the contract including banning of business
for five year on entire IR.
DEPONENT
SEAL AND SIGNATURE
OF THE TENDERER
VERIFICATION
I/We above named tenderer do hereby solemnly affirm and verify that the contents of my/our above affidavit are
true and correct. Nothing has been concealed and no part of it is false.
The selected Social Media Management and Media Analysis Agency shall furnish the following Statements
(Statements A & B) along with the bill preferred by the Agency before the Payment Release Committee for
scrutiny and arranging payments. If the Agency fails to perform the any of assigned task as per scope of work,
the Agency’s bill shall be deducted:-
Statement-A
30,000X2/30 =
Rs. 2000/-
2 Name of Social Days of Work Furnish Detail of Monthly Salary
Media Manager Payment done to Multiplied by No.
posted at CPRO (Furnish the Deployed Staff by of Days of
Office Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
3 Name of Content Days of Work Furnish Detail of Monthly Salary
Analyst posted at Payment done to Multiplied by No.
CPRO office (Furnish the Deployed Staff by of Days of
Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
4 Name of Content Days of Work Furnish Detail of Monthly Salary
Analyst at Delhi Payment done to Multiplied by No.
Division (Furnish the Deployed Staff by of Days of
Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
5 Name of Content Days of Work Furnish Detail of Monthly Salary
Analyst at Ferozpur Payment done to Multiplied by No.
Division (Furnish the Deployed Staff by of Days of
Signature of Ch.OS Signature of Sr.PRO Signature of Tenderer
pg. 44
Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
6 Name of Content Days of Work Furnish Detail of Monthly Salary
Analyst at Ambala Payment done to Multiplied by No.
Division (Furnish the Deployed Staff by of Days of
Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
7 Name of Content Days of Work Furnish Detail of Monthly Salary
Analyst at Lucknow Payment done to Multiplied by No.
Division (Furnish the Deployed Staff by of Days of
Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
8 Name of Content Days of Work Furnish Detail of Monthly Salary
Analyst at Payment done to Multiplied by No.
Moradabad Division (Furnish the Deployed Staff by of Days of
Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
9 Name of Project Days of Work Furnish Detail of Monthly Salary
Manager Payment done to Multiplied by No.
(Furnish the Deployed Staff by of Days of
Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
10 Names of 02 Days of Work Furnish Detail of Monthly Salary
Response Payment done to Multiplied by No.
Management (Furnish the Deployed Staff by of Days of
Executives Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
11 Name of Graphic Days of Work Furnish Detail of Monthly Salary
Designer Payment done to Multiplied by No.
(Furnish the Deployed Staff by of Days of
Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
12 Names of 02 Days of Work Furnish Detail of Monthly Salary
Content Writers Payment done to Multiplied by No.
(Furnish the Deployed Staff by of Days of
Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
13 Name of Video Days of Work Furnish Detail of Monthly Salary
Editors Payment done to Multiplied by No.
(Furnish the Deployed Staff by of Days of
Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
14. Name of Days of Work Furnish Detail of Monthly Salary
Photography Payment done to Multiplied by No.
Personnel (Furnish the Deployed Staff by of Days of
Days of Work Cheque No./ Absence and
Signature of Ch.OS Signature of Sr.PRO Signature of Tenderer
pg. 45
here) RTGS/ ECS in this Divided by 30
column here
15. Name of Days of Work Furnish Detail of Monthly Salary
Videography Payment done to Multiplied by No.
Personnel (Furnish the Deployed Staff by of Days of
Days of Work Cheque No./ Absence and
here) RTGS/ ECS in this Divided by 30
column here
Please furnish the Detail of Archival Support provided as under :-
16 Weather the team 1/12 of the amount
has marked all mentioned by the
digital content (text, agency in
photo, video etc.) as Annexure-C(i) for
copyright wherever this service
applicable?
17 Storage of content 1/12 of the amount
and data by means mentioned by the
of online/offline agency in
archival done? Annexure-C(i) for
this service
18 Archival Support 1/12 of the amount
made available to mentioned by the
the Northern agency in
Railway on Annexure-C(i) for
demand? this service
19 Is the content being 1/12 of the amount
stored on rolling mentioned by the
basis? agency in
Annexure-C(i) for
this service
20 Media Assistant 1/12 of the amount
Content provided by mentioned by the
means of agency in
online/offline Annexure-C(i) for
archival support this service
(Information
gathered, briefs
produced,
Responses made
(please mention the
numbers in a month)
21 Media Coverage 1/12 of the amount
Analysis mentioned by the
Whether the Agency agency in
has maintained a Annexure-C(i) for
digital store in the this service
form of online portal
which provide
access to all news
and TV programmes
monitored on
Railways
22 Is the portal 1/12 of the amount
password protected mentioned by the
and mention its agency in
Signature of Ch.OS Signature of Sr.PRO Signature of Tenderer
pg. 46
uptime period Annexure-C(i) for
this service
23 Is the Portal 1/12 of the amount
providing news and mentioned by the
TV coverage on a agency in
rolling basis ? Annexure-C(i) for
this service
Social Media Reports
24 Is the Social Media 1/12 of the amount
report including mentioned by the
follower base, user agency in
response to the Annexure-C(i) for
content posted have this service
been provided on
Weekly basis, if yes
please attach Copy
25 Has a 1/12 of the amount
comprehensive mentioned by the
quarterly agency in
performance Annexure-C(i) for
dashboard indicating this service
the change in
follower base,
content
engagement,
achievements etc
prepared, plz attach
copy
26 Response 1/12 of the amount
Management Report mentioned by the
on Daily basis agency in
attached ? Annexure-C(i) for
this service
27 Response 1/12 of the amount
Management Report mentioned by the
on Monthly basis agency in
attached ? Annexure-C(i) for
this service
28 Weekly Media 1/12 of the amount
Assistance Report mentioned by the
mentioning number agency in
of briefs produced ? Annexure-C(i) for
this service
At least 9 such
videos, each of
up to 2 to 3
minutes per
quarter shall be
required.
Note : This is subject to minor modification on the basis of the Annexure-C(i) submitted by the applicant tenderer.
Please attach the relevant statement/documents also.
Sub: Application for Selection of Agency for Social Media Management and Media
Analysis for Northern Railway with CPRO of the Zone
7. List of all the documents defined in Para 6.0 of the Application Form duly numbered as
suggested in Application Form, attached Yes No
8. Certified Turnover in Rs (Crore). in last 3 years, attached Yes No
I/we have perused the attached Terms & Conditions for the Selection of Agency for Social
Media Management and Media Analysis service for Northern Railway and hereby agree to all the
Terms and Conditions.
Signature:--------------------------------------------
Name of Signing authority (In Block letters)------------------------
Date:------------
Stamp of the Agency and Place: ----------
Special Note : Please prepare proper index of all the enclosures of your Application Form and
indicate here the Sr.Nos. of the above mentioned Documents.
Signature of Ch.OS Signature of Sr.PRO Signature of Tenderer
pg. 52