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Revised Tender notice for purchase of non-commercial, non-profit and nonexclusive screening rights of Indian feature films abroad
TERMS & CONDITIONS
1.
Scope of work:
The Ministry of External Affairs (External Publicity & Public Diplomacy Division) (MEA)
invites sealed bids in the name of the President of India for purchase of screening rights of
twenty five (25) Hindi feature films in formats like DVD/Blue Ray as per list in Appendix
attached. The films are required for screenings abroad on non-commercial/non-profit/nonexclusive basis for a period of five years for promotion of Indian cinema abroad and also for
holding film festivals/film weeks through Indian Missions abroad.
note: Subtitling in other languages is not mandatory. However, if a Bidder is able to
offer films subtitled in other languages, he may indicate the additional cost of subtitling a
film separately in each languageviz. English, Arabic, French, Spanish and Russian.
Please
The films should be offered with rights for subtitling and dubbing in other foreign languages
also if the Ministry of External Affairs decides to do so.
2.
Eligibilitycriteria:
Bidder/authorized representatives should provide evidence of having necessary ownership
rights of the films. A bidder may offer one or more films of which he/she has the ownership
rights. In case more than one film is being offered, the rate of each film should be mentioned
separately. The Bidder should have a turnover of at least Rs.50,00,0001 (Fifty Lakh) per
annum in the last three years. Bidder should meet all conditions of this tender notice and
should not be disqualified by any condition mentioned in the tender notice.
3.
Technical specifications/deliverables:
Successful bidder to supply best print of the following deliverables for use and if offered for
subtitling in foreign languages, to enable dubbing/subtitling in other languages and
conversion to other formats in English, Arabic, French, Spanish and Russian languages,
within 60 days of being declared successful:
a)
Hard Disk (HD) Beta Mixed Master in Hindi and if offered for subtitling in foreign
language/languages in English, Arabic, French, Spanish and Russian languages.
b)
Hard Disk (HD) Beta Unmixed Master.
c)
DVD Copy of the Master and if offered for subtitling in foreign language/languages in
English, Arabic, French, Spanish and Russian languages
d) DVD in .mp4 Format
- two copies
of each.
in Hindi and if opted for subtitling in foreign language/languages
in English, Arabic, French, Spanish and Russian languages.
e)
Hard copies of approved script, cue sheet and lyrics in Hindi and in English.
D
Soft copy (Word document in CD/DVD) of approved script, cue sheet and lyrics in
Hindi and in English.
4.
Price, EMD and Performance guarantee:
The price quoted should be the full amount against all deliverables. An amount of Rs.
50,000/- (Rupees Fifty Thousand only) will have to be deposited as an Earnest Money
Deposit (EMD) with the bid in the form of a bank demand draft or bank guarantee valid for 3
(three) months from last date of submission. No tender will be accepted without requisite
EMD. The EMD will be refunded within One month of date of announcing of award of
contract. No claim of interest will be entertained by the Ministry in case of delayed payments
for reasons beyond its control. Successful bidder will have to deposit performance guarantee
in shape of a bank demand draft or bank guarantee in favour of PAO, COA, MEA, New
Delhi equivalent to l0%o (ten percent) of the value of the contract within Fifteen (15) days of
award of contract, valid for Six months from the date of acceptance of award by the bidder.
EMD, Demand Draft or Bank Guarantee deposited with MEA shall earn not interest.
5.
Evaluationprocedure:
Technical and Financial bids in separate sealed envelopes are to be. submitted latest by 1730
hrs. on 21't November 2014. Technical bids will be opened on 24'n November 2014 at 1500
hrs in presence of intrested bidders. Post technical evaluation, financial bids of the bidders
clearing technical evaluation will be opened at 1500 hrs on 26th November 2014 in the
presence of the bidders. Lowest price per film (L-1) may be recommended for acceptance.
Envelopes should be sent by hand or by courier like DHL, Fedex or DTDC etc. Tender
received after closing date will not be entertained. Ministry reserves the right to relax any
term or condition with the approval of the competent authority.
6.
Technical bid:
Technical bid should be sent in a separate envelope duly sealed/stamped with signature of
bi dder/auth orized repre sentative attaching the following :
(l) A covering
page stating all Annexures attached with the technical bid as detailed below
(Annexure 1):
(2)
Notarized copy of ownership document of the film; or in cases of authorized representatives
an authority letter in original from the owner/films' right holder. Complete name, office
address and branches if any should be mentioned (Annexure 2).
(3) Notarized affidavit in original on Rs. 100/- stamp paper affirming/confirming to be the
owner/authorized representative/ rights holder by bidder and eligible to bid as he/she meets
all conditions of this tender notice and is not disqualified by any disqualification mentioned
in the tender notice (Annexure 3).
(4) Details of link agreements to ownership document (Arurexure
4).
(5) Particulars of the bidder in the prescribed format (Annexure 5).
(6) Notarized affidavit declaring that screening of film abroad is free from all encumbrances
(Annexure 6)
(7) Notarized indemnity bond on Rs. 200/- stamp paper (Annexure 7 )
(8) An amount of Rs. 50,000/- (Rupees Fifty Thousand only) will have to be deposited as an
Earnest Money Deposit (EMD) with the bid in the form of a bank Demand Draft or Bank
guarantee valid for 3 (three) months from last date of submission in favour of the "Pay and
Accounts Officer, Ministry of External Affairs" payable at New Delhi. (Annexure 8).
(9) Tax returns for the last three years and copies of PAN/ TAN/ Service Tax numbers, as
applicable, showing tumover of Rs. Fifty Lakh (Annexure 9).
(10) Copy of the terms and conditions duly
signed by tenderer as a token of acceptance
of the same (Annexure l0).
(11) Additional information relevant to the offer of bidder, if any (Annexure
7.
11).
Financial bid:
Financial bid should be in a separate envelope duly sealed/stamped with signature of bidder/
authorized representative. The price mentioned should be for Hindi version and if opted for
subtitling in foreign languages, additional cost for subtitling in English, Arabic, French,
Spanish & Russian languages should be mentioned. Only those financial bids will be opened
which qualify the technical bid round. If a Bidder offers more than one film, the amount for
each film should be mentioned separately. Lowest price for one film or more than one film
(L-l ) in a bid may be recommended for acceptance.
8.
Instruction to Bidders:
A Bidder should
meet prescribed eligibility criteria and observe conditions of the tender
document. Offer should be valid for at least 3 (three) months from last date of submission of
tender. The quotations/bids should reach on or before 5.30 pm on 2l't November 2014. The
Ministry reserves the right to accept or reject all or any of the bids without assigning any
reason. Incomplete applications will be liable to be rejected. The time frame indicated in the
tender notice may be extended at the discretion of the Ministry of External Affairs (External
Publicity & Public Diplomacy Division) in a case deemed fit for extension. Changes can not
be made to a bid after submission. Notarized document should be submitted in original and
photocopies of Notarized document should not be enclosed.
9.
ContractA.{otification of Award/ Letter of Acceptance of Award:
MEA will notify the successful bidder by faxle-mail and confirm by letter on the address
provided that his/her bid has been accepted by MEA. This 'Notification of Award' shall
name the sum which MEA will pay to the bidder in consideration of the performance of the
scope of work by the bidder. The successful bidder on receipt of "Notification of Award"
shall convey his 'Acceptance of Award' by return e-mail or fax which will be confirmed by
letter through speed post within Seven (7) business days. The notification of award and the
letter of acceptance of award shall constitute the contract. No advance payment will be made
by the Ministry to successful bidder.
1
0. Termination/Penalty clause:
Refusal or inability or delay or any false statement by the successful bidder to supply all
deliverables as per scope of work at the contracted rate within prescribed time frame may
result in termination of the contract and forfeiting of EMD/Perfonnance security/revoking of
the bank guarantee as well as disqualification of the bidder from participating in future
Withdrawal of a bid
tenders and Ministry can take any other action as deemed necessary'
after its submission will result in the forfeiture of the EMD.
I
L Disqualification:
bidder disqualified'
Incomplete applications without applicable Annexures may render a
to be disqualified if any
Even though a bidder may meet etigiUitity criteria, he/she is subject
bidder or any of its constituents have:
and attachments
(a) made misleading or false representation in the forms, statements
submitted; or
the date of
(b) had previous record of poor performance during the last 3 years, as on
to the
application such as rescinding oi contract for which the reasons are attributable
non- performance, inordinate delays in performance; or
for any
(c) if a bidder has a criminal histoiy o. hur been convicted by any court of law
oftheoffencesunderanylndianlawsinlastfiveyears'
12. Acceptance/ Rejection of bids:
in whole'
MEA reserves the right to reject any or all of the bids or to scrap the tender
13. Jurisdiction of courts:
in accordance
Any dispute arising out of this tender notice shall be governed and construed
jurisdiction
in
with the laws of India and the courts in DelhiA{ew Delhi shall have exclusive
relation thereto.
14. Contact details:
with "Tender for
Bidders may please submit their bids in two sealed envelopes suner s91bed
-I'echnical bid" and "Tender for feature films Financial bid" clearly mentioning
feature films
The
the name and address/mobile phone number of the bidder/authorized representative.
(Public Diplomacy), Room
envelopes should be addressed to Mr. Kapil Raj, Under Secretary
.A'
Wing, External tubticity & Public Diplomacy Division Ministry
N;.-f6A,-2tFloor,
like DHL'
of External Affairs, Shastri Bhavan, New Delhi 110001 and sent through courier
DTDC etc. Contaci p-mail (Not for submission of tender documents): uspd@),mea.gov.in
App*ndix
List of 25 feature films for purchase of
non-commercial, non-profit and non-exclusive screening rights abroad
Name of film
sl.
Year of
Name of Director
release
No.
1
My name is Khan
2010
Karan Johar
2
Kites
2010
2010
Anurag Basu
Mani Ratnam
2010
Sanjay Leela Bhansali
20t0
Manish Sharma
20rr
20r1
Imtiaz Ali
Ali Abbas Zafar
20tt
Farhan Akhtar
20t1
Anubhav Sinha
20tl
Zoya Al<htar
Anand L. Rai
Raavan
4 Guzaarish
5
Band Baaia Baraat
6 Rockstar
7 Mere Brother Ki Dulhan
Don 2
I Ra.one
10 Zindasi Na Milegi Dobara
11
Tanu Weds Manu
12 Stanley ka Dabba
13 Ek Tha Tiger
3
I
20tr
20lr
20t2
Amol Gupta
Kabir Khan
2012
Anurag Basu
Jab Tak Hai Jaan
16 Student of the Year
20t2
Yash Chopra
2012
Karan Johar
Enelish Vinelish
18 Kahaani
19 Vickv Donor
2012
Gauri Shinde
2012
Sujoy Gosh
20t2
20t2
Shoojit Sircar
Reema Kagti
Cocktail
22 Ferrari Ki Sawaan
2012
Homi Adajania
Rajesh Mapushkar
23
24
20r3
20t3
20r3
14
Barfi
15
17
20
Talaash
21
Special 26
Bhaae Milkha Bhaag
25 The
Lunchbox
2012
Neeraj Pandey
Rakesh Omprakash Mehra
Ritesh Batra
Annexure
(Name
lM/e
of
1
bidder/authorised
representative)
forward the following Annexures with the technical bid:
from
ownership document of the hlm or authority letter
branches if any should
owner/films' right holder. Complete name, office address and
be mentioned (Annexure 2).
to be
(2) Notarized affidavit in original on Rs. 100/- stamp paper affirming/confirming
eligible to bid as
the owner/authorized representative/ rights holder by bidder and
not disqualified by any
he/she meets all conditions of this tender notice and is
disqualification mentioned in the tender notice (Annexure 3).
4).
(3) Details of link agreements to ownership document (Annexure
5).
(4) Particulars of the Bidder in the prescribed format (Annexure
is free from
(s) Notarized affidavit declaring that screening of the feature films abroad
all encumbrances (Annexure 6)
7
(6) Notarized indemnity bond on Rs. 200/- stamp paper (Annexure )
only) in the
(7) Earnest Money Deposit (EMD) of Rs. 50,000/- (Rupees Fifty Thousand
from last
months
(three)
form of a bank Demand Draft or Bank guarantee valid for 3
date of submission (Annexure 8)'
Tax numbers' as
(8) Tax returns for the last three years and copies of PAN/ TAN/ Service
9) during the last three
applicable, showing turnover of Rs. Fifty Lakh (Annexure
(1) Notarized copy
of
years.
(9) Additional information
I/
Place
:
relevant to the offer of bidder, if any (Annexure 10)'
We confirm as in Para 1 to 9 above'
Signature of Bidder
NAME (in BLOCK LETTERS)
Date:
ADDRESS:
BANNER/STAMP
:
the
ro
oufiXl;il""]
be siven on stamp paper of Rs. 10or- onry
VIT
AFFIDA
To
(PD)
Externat Publicity anb Public Diplomacy Division'
Ministry of External Affairs,
New Delhi.
The Under Secretary
1. This is to
?t" the
certifY that lANe
sole ProPrietor
aml
holdero
ilht
I of the film
mail, corresPondence
2. That my/our registered address for sending
and notice
is as following:
3. Thatwe do not have any branches
or
Wehavebrancheslocatedatthefollowingaddresses:
4.
given {."1" absolutely
lt is further certified that the information / documents and it
b.elief.and nothing
.otpr"te to the oest of my / our know.ledge
correct
"noconcealed therein. lf at any stage,. the information / documents
has been
held
incorrect or fatle, I / We shall be personally
given is / are found
from
i"Of" to face all legal consequences fixed
-apart
responsible
of
sum
"nJof all sums of EMD, performance guarantee or
forfeiture/refund
f
amount for rights received'
I/
Place :
We confirm as in Para 1 to 4 above'
Signature of Bidder
NAME (in BLOGK LETTERS)
Date:
ADDRESS:
BANNER/STAMP
:
Annexure
3
Affidavit
I/We
affirm to
be the owner/authorized representative/ rights holder of the film
and eligible to participate in the bid as I/We meet all terms and conditions of this tender
notice and amlare not disqualified by any disqualification mentioned in the tender notice.
I/we also affirm that I/we have:
(a) not made misleading or false representation in the forms, statements and
attachments submitted; or
(b) no previous record of poor performance during the last 3 years, as on the date of
application such as rescinding of contract for which the reasons are attributable to the
non- performance, inordinate delays in performance, or have not been blacklisted;
(c) no criminal history or have not been convicted by atry court of law for any of the
offences under any Indian laws in last five years.
Place :
Signature of Bidder
NAME (in BLOGK LETTERS)
Date:
ADDRESS:
BANNER/STAMP
:
Annexure 4
Details of Link Aqreements
Name / banner
of right holder
Address, Phone
& fax number
Period of Agreement
(with specific dates)
1. (original)
2.
3.
This is to certify that the information given above is true & complete, and
nothing has been concealed in my application. tt is further certified that the
information / documents given is / are absolutely correct and comptete
to the bgst of my / our knowtedge and belief and nothing has / have been
concealed therein. lf at any stage, the information / doc-uments given is /
are found country / wrong, r / we shall be personally held reJponsible
and liable to face all legal consequences apart from iorfeiture/refund of
fixed sum paid for the non-commercial screening rights.
Signature of the Bidder with rubber stamp:
Name in BLOCK letters:
Address, telephone & fax number:
Annexure 5
(Number of pages attached to this Annexure
Particulars of the Bidder and film offered [One page per filmJ
-)
Name of the Bidder:
Address
Company registered office:
Address of Branches if any:
Telephone number
Email address:
1.
Name of the Film offered
2.
3.
Language
4.
Year of Production
(a)
(i) Date of issue of original Censor Certificate with "A"/"UIA"|'U"
(ii) Date of issue of revised censor certificate with "V/U"
(b)
Duration of the Film (in minutes), with cuts:
without cuts.-------
5.
6.
7
.
8.
Category: "tJ",
or
"V / U"
:
Cast in Respect of Major Roles:
Producer
Producer,
Producers)
Name of the
( if there is more than one
gives names of all
1.
2.
3.
Name of the Director
( Signature and Stamp of Bidder)
Annexure
6
Affidavit
I/We
1.
affirm that
There is no disputes / court case regarding ownership of
telecasting Rights in
the Non-commercial
the
respect of
Film
all the court
as mentioned in indemnity bond. I will also be liable to pay",,on1",""?:l
expenses incurred by the Ministry of ExternalAffairs.
2. The screening of the film
abroad is free from any encumbrance.
that the information / documents given is / are absolutely
correct and complete to the best of my / our knowledge and belief and nothing
has have been concealed therein. lf at any stage, the information /
documents given is / are found to be incorrect, I / We shall be personally held
responsible and liable to face all legal consequences apart from
forfeiture/refund of EMD, performance guarantee or fixed sum paid for noncommercial screening rights.
3. lt is further certified
/
I
/ We confirm as in para
1 to 3 above.
Signature of Bidder
NAME (in BLOGK LETTERS)
Date:
ADDRESS:
BANNER/STAMP
:
.
Annexure
7
To be given on Stamp paper of Rs. 2001- only (Each page duly notarised)
INDEMNITY BOND
This INDEMNITY BOND is executed by Mr / Ms.
Sole proprietor
or authorized
signatory M/s.
( Name & banner with address ) (Hereinafter called 'the Obligor') in favour of
Under Secretary (PD) Ministry of External Affairs at New Delhi (hereinafter
called 'the Obligee')
1.
AND WHEREAS that the Obligor hereby declares that he is the
producer / sole
right
holder
.tn
of
the
feature
film
language and
is legally entitled and competent to offer the aforesaid film for sale of
non-commercial screening rights abroad
2.
FURTHER that the 'Obligor' hereby undertakes to keep the 'Obligee'
indemnified against any claim, dispute, litigation, and court expenses
incurred by the Obligee etc. in respect of the Non-commercial screening
rights of the said film.
3.
FURTHERMORE, that the 'Obligor' agrees to make available to the
'Obligee' all deliverables mentioned in para 3 (a) to (f) for the purpose of
Non-commercial screening rights at his own expenses.
4.
FURTHER, that in the event of any objection / claim from any party or
parties against Non-commercial screening rights of the above feature
film 'the Obligor' agrees and undertakes to get the objections cleared of
his own claim, litigation and / or dispute.
5.
FURTHER, that in the event of any dispute, this indemnity bond shall
6.
AND WHEREAS, the "Obligee" has expressed his willingness to pay a
fixed sum to the 'Obligor' in connection with the Non-commercial
in
all
screening of the Feature film
foreign languages and formats.
7.
AND WHEREAS, "the Obligor' has consented to accept the fixed sum.
be subjected to the jurisdiction of appropriate Court in New Delhi.
AND WHEREAS, 'the Obliger' has approached 'the Obligee' to pay the
fixed sum, 'the obligee' has agreed to make payment of the fixed sum
to'the Obligor'.
8.
9.
NOW THEREFORE THIS BOND WITNESSES thAt iN thE CONSidETAtiON
of payment of the said fixed sum by 'the obligee' to 'the obligor' the
of Sole ProPrietor or
said Mr./
of
(Name and address)
binds himself to pay tfre saiO tixed sum with interest, loss, damages and
any claim
costs of all kinds whatsoever to 'the Obligee' in the event
being made in respect of the said fixed sum.
Ms.
authorized
M/s.
signatory
of
10.
11.
FURTHER, in consideration of the aforesaid fixed sum 'the Obligor'
undertakes to 'the Obligee' that all assets of 'the Obligor' both movable
and immovable, will be responsible to 'the obligee' for the said fixed
sum. For the purpose of this clause, 'the Obligor' which expression
unless repugnant io the context, shall mean and include his properties
and heirs, executors, administrators and assignees.
That said Indemnity Bond is without prejudice to any other remedy that
the Ministry of Exiernal Affairs, New Delhi ('The Obligee') may have
against the Obligor under any law for the time being in force.
lN
WITNESS whereof
the said 'Obligor' has hereto signed at
of
(place) on this
-daY
2014.
OBLIGOR
Name, signature & Address
WITNESS:
Of the 1"t witness
Name, signature & Address
Of the 2nd witness
Name, signature & Address
Annexure
Details of the amount of Earnest Money Deposit (EMD) of Rs. 50,000/(Rupees Fifty Thousand only) with this Annexure:
Date of Demand draft or Bank guarantee:
Date Valid upto:
Name of Bank, branch and address:
Signature of Bidder
NAME (in BLOGK LETTERS)
Date:
ADDRESS:
BANNER/STAMP
:
8
Annexure
(a) lncome Tax returns of the last three years attached as under:
1.
2.
3.
(b) Copies of PAN/TAN/Service Tax (As applicable) attached as under:
1.
2.
3.
Signature of Bidder
NAME (in BLOCK LETTERS)
Date:
ADDRESS:
BANNER/STAMP
:
9
Annexure 10
Affidavit
I/We
affirm that I/we
have carefully read the terms and conditions of the tender notice for supply of Indian feature
films for screening abroad on non-commercial basis and fully understood the same. I/we
accept all the terms and conditions
fully without any reservations.
Signature of Bidder
NAME (in BLOGK LETTERS)
Date:
ADDRESS:
BANNER/STAMP
:
Annexure
11
abroad
Additional information relevant to the offer of film for screening
to the offer of
l/we wish to submit the following additional information relevant
film
Or
to the offer
l/we wish to submit that there is NO additional information relevant
of film
(Delete inapPlicable)
Signature of Bidder
NAME (in BLOGK LETTERS)
Date:
ADDRESS:
BANNER/STAMP
: