Terms & Conditions for Second Pilot Project on Mobile Telephony

Transcription

1 Government of India Ministry of Information & Broadcasting Directorate of Advertising & Visual Publicity 8 th Floor, Soochana Bhawan, Phase-IV CGO Complex, Lodhi Road, New Delhi Audio Visual Wing Terms & Conditions for Second Pilot Project on Mobile Telephony. BID CRITERIA DAVP will invite bids from interested parties in two categories (A) Bulk SMS Agencies and (B) Direct Mobile Operators under the two-bid system for Short Message Service. This bid will consist of two parts - technical bid and commercial bid. Only if a bidder qualifies technically, the commercial bid will be opened. The bids may be submitted by 5 pm on 4 th January, 2013, by being put in the tender box kept in the Room No. 736-A of PS to Director (AV), 7 th Floor, Soochna Bhavan, Lodi Road, New Delhi TECHNICAL BID Minimum Eligibility Criteria for Operators /Agencies 1. The bidder must be registered with Telecom Regulatory Authority of India (TRAI). 2. The operator / agency applying for empanelment should be incorporated in India. Direct Mobile Operator should have provided at least five years of service in India as on the date of submitting his application while the Bulk SMS Agency should be in existence in India at least for last two years and should mention its scope of work including previous business transacted by it. 3. The operator / agency should submit the valid Service Tax registration certificate. The bidder should also submit details like name of contact person and other contact details for above projects including important addresses of the persons concerned. 4. The operator / agency so selected should have the capability to perform the entire scope of the assignment without outsourcing the same to any third party. The bidder should be the legal owner of the software/package for the solution provided to DAVP for monitoring.

2 5. The agency/operator should have the following technical capabilities (these are minimum requirements): i) Dedicated High End Server (For both agency and operator) ii) Connectivity across mobile operators ( only for agencies) (the agency should have direct connect / agreement with the telecom operator) iii) Web based API link (for both agency and operator) iv) TPS connectivity : For Agency- Minimum 800 (Subject to an increase in TPS from time to time), For Operator (Above 800) v) Support for all regional languages (should support fully UNICODE compliant messaging) (for both agency and operator) vi) 24 x7 support link. (for both agency and operator) vii) Real time access through delivery report. (for both agency and operator) 6. The operator / agency applying for empanelment should have executed at least two work orders and should produce evidence of work-experience including details of nature & volume of campaigns in last two years, backed by work-orders. 7. The Mobile Agency/Operator applying should have a data base collected through own source of at least 30 crore subscribers. A certificate that the data base has been collected from its own sources and voluntarily from the subscribers should be submitted by the agency/operator. 8. The operator / agency should be capable of creation of groups/ communities and maintaining the data base of subscribers. 9. During the empanelment period, the agency would hand over the entire updated data base of subscribers / groups to DAVP from time to time or when demanded by DAVP.

3 COMMERCIAL BID 10. The agency / operator applying for empanelment i n r e s p e c t i v e c a t e g o r y will quote their rates on their official letter head signed by Competent Authority on per SMS basis. 11. The lowest rates in each category will be offered to the lowest five bidders in each category. 12. The minimum base rates would be offered first to the five operators / agencies that quote the lowest rate per SMS. In case, some agencies operators do not accept the minimum base rates, other agencies in the group of bidders (equal to the shortfall from the target of five operators / agencies) would be offered the base rates based on the principle of first offer to the lowest rate offering agency 13. From the prices quoted, Agency commission would be deducted. Payments will be made only for successful delivery of SMS at the recipient s end. However, Service Tax will be paid by DAVP, if applicable. 14. The agency/operator will submit the bills within a month of expiry of the campaign. 15. It will be the responsibility of the operator / agency to take care of all formalities, if any, necessary as per orders of any government authority in force. 16. The price quoted shall not be subject to variations in exchange rate, taxes, duties, levies or variation in labour rates, etc. The final decision in this regard will be of DG, DAVP only. 17. Agencies/operators that bid are advised to ensure that the prices/rates quoted are all inclusive including the support required for the execution and continuous monitoring of the project during the Contract period, as no deviation in any of the conditions would be made and nor would any increase in prices be allowed during the contract period. 18. The o p e r a t o r / agency would submit a bank guarantee of five lakh rupees before they are empanelled with DAVP.

4 TERMS AND CONDITIONS 19. The bidder shall bear all costs associated with the preparation and submission of its bid and DAVP will in no way be held responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. It is also clarified that no binding relationship will exist between any of the respondents and DAVP until execution of a contractual agreement. 20. The bidder is expected to examine all instructions, statements, forms, terms and specifications in the bidding documents. Failure to furnish all information required by the bidding documents or submission of a bid not responsive to the bidding documents in every respect will be at the bidders risk and may result in rejection of the bid. 21. Any notice by one party to the other pursuant to the Contract shall be sent by fax/ /letter and confirmed in writing to the address specified for that purpose in the Contract. 22. No consideration will be given to a bid received after the date and time stipulated by DAVP. However, DAVP reserves the right to extend the last date and time for submission of the bids at its own discretion. 23. To assist in Technical evaluation, DAVP reserves the right to call for any clarification from any/all bidder/agency during the evaluation of the bids. Such clarifications should be submitted only in writing. However, no other correspondence on bids will be entertained. 24. No price/rate variation/adjustment or any other escalation will be entertained. 25. Overwriting/correction in the commercial bid is not permitted and any such overwriting in commercial bid will lead to its rejection. 26. Participation in this bid will imply that the bidder has accepted all the terms and conditions and subsequent modifications, if any, of this bid document. 27. If at any future point of time it is found that the bidder has made a statement which is factually incorrect or if the bidder does not fulfill any of the contractual obligations, DAVP may debar the bidder from bidding prospectively for a period to be decided by DAVP and take any other action as deemed necessary.

5 OTHER CONDITIONS: 28. Operator / agency applying for empanelment will submit a certificate in the form of a self certificate that the information submitted by them is correct and they will abide by the decision of DAVP regarding empanelment. In case the information submitted by the Operator / agency is found to be false and/ or incorrect in any manner, the Operator / agency can be suspended and/ or debarred from empanelment. 29. Empanelment and Advertisement rates will be valid for a period of one year. 30. Operator / agency will undertake in writing that DAVP approved rates accepted by them are their lowest rates and exclusive to DAVP and cannot be offered to any other agency. DAVP reserves the right to review empanelment rates if this condition is violated. 31. An agency/operator may be debarred from getting Government advertisements from DAVP if at any time it refuses to accept and carry advertisements issued by DAVP on behalf of the Ministries/ Departments of Government of India, Public Sector Undertakings and Autonomous Bodies, on more than two occasions. 32. Notwithstanding any of the provisions mentioned above for empanelment of agencies and their rates and other terms and conditions, in case of any disagreement etc., decision of DAVP will be final and binding. 33. Decision of the Director General, DAVP in all matters with regard to this tender will be final and binding on all bidders participating in this bid.