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TENDER

FOR

GRANT OF PERMISSION TO CONSTRUCT & DISPLAY


ADVERTISEMENT ON M. S. STEEL STRUCTURES TO BE INSTALLED
IN MHADB LANDS, LAYOUTS, COLONIES, PROPERTIES IN MUMBIA
REGION, ON BUILD OWN & OPERATE (BOO) BASIS

Issued by

MHADA, MUMBAI BOARD


GRUHANIRMAN BHAVAN, KALANAGAR, BANDRA (E), MUMBAI -400051

Date of issue: 27 September, 2017

i
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
TABLE OF CONTENTS
SECTION I: INVITATION TO BIDDERS ............................................................................................... 1
1.1 Introduction and Invitation ........................................................................................................ 1
1.2 Schedule ........................................................................................................................................ 3
1.3 Contact details .............................................................................................................................. 3

SECTION II: DEFINITIONS AND USAGE ............................................................................................. 4


SECTION III: PROJECT BACKGROUND ............................................................................................. 6
3.1 project ........................................................................................................................................... 6
3.2 locations of sites............................................................................................................................ 6
SECTION IV: DETAILS OF TENDER ..................................................................................................... 7
4.1 Details of Advertising Sites ......................................................................................................... 7
4.2 Terms of Tender .......................................................................................................................... 7
(a) Scope of Tender ....................................................................................................................... 7
(b) Fees and payment terms ............................................................................................................ 8
(c) Security Deposit ……………………………………………………………………………10
(d) Utilities and infrastructure ………………………………………………………………...…10
(e) Service standards and other requirements ............................................................................... 10
(f) Other key terms ....................................................................................................................... 11
SECTION V: SELECTION PROCESS ................................................................................................... 14
5.1 Bids .............................................................................................................................................. 14
5.2 Terms of the TENDER process ................................................................................................ 14
(a) General terms of participation ................................................................................................. 14
(b) Amendments to the TENDER ................................................................................................ 17
(c) Clarifications ........................................................................................................................... 17
(d) Site visits ................................................................................................................................. 18
(e) Confidentiality ......................................................................................................................... 18
5.3 Bid Validity Period .................................................................................................................... 18
5.4 Bid Security ................................................................................................................................ 18

5.5 Form of Bid ................................................................................................................................ 20


(a) Contents of Bid ........................................................................................................................ 20
(b) Instructions applicable to all Parts of the Bid Documents ....................................................... 20

5.6 Minimum Eligibility of the Bidder ........................................................................................... 21

5.7 Submission of Bids, Evaluation and Award ............................................................................ 26


(a) Submission of Bids .................................................................................................................. 26
(b) Disqualification ....................................................................................................................... 26
(c) Evaluation................................................................................................................................ 27
(d) Award of Tender .................................................................................................................... 27
(e) Withdrawal of award ............................................................................................................... 28
5.8 Disclaimers ................................................................................................................................. 30
5.9 Miscellaneous ............................................................................................................................. 31
(a) Indemnity ................................................................................................................................ 31
(b) Good faith ................................................................................................................................ 31
(c) Communications ...................................................................................................................... 31
(d) Assignment and change in Control .......................................................................................... 31

ii
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(e) Other terms .......................................................................................................... 32
(f) Jurisdiction .......................................................................................................... 32
(g) Applicable laws .................................................................................................... 32

ANNEXURE 1: PART A BID DOCUMENT- BID CERTIFICATE ……………………..……..33

ANNEXURE 2: PART A BID DOCUMENT - BID SECURITY .................................................. 36

ANNEXURE 3: PART A BID DOCUMENTS ........................................................................... 38


ANNEXURE 4: PART B BID DOCUMENT…………………………………………………40

ANNEXURE 5: DETAILS OF ADVERTISING SITES……………………………………………….42

EXHIBIT A : LOCATION OF ADVERTISING SITES………………….…………………..48

***************

iii
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
SECTION I: INVITATION TO BIDDERS

1.1 INTRODUCTION AND INVITATION

MHADA is an apex public body constituted under MHAD ACT 1976, established
in 1977 under Housing Department Government of Maharashtra and integrated
the activities and functions performed by statutory bodies to provide
comprehensive, co-ordinate approach to the problems of housing.

The Maharashtra Housing & Area Development Authority (MHADA) has been
established by the Maharashtra Housing and Area Development Act, 1976. It
came into existence on 5th December 1977, The erstwhile Mumbai Housing and
Area Development Board was restructured by a Government Resolution dated
5.11.1992 and split into three separate Boards viz. Mumbai Housing and Area
Development Board, Mumbai Building Repairs and Reconstruction Board and
Mumbai Slum Improvement Board Under the Government Resolution No.
2679/B, dated 22.7.1992.

Since the city of Mumbai is seen in line with any Global city of the world. The
authority has a view to bring in controlled number of SMART advertising formats
with a view of providing best available media options to enhance the skyline at
par with any Global city.

The overall character of the city depends on the skyline and infrastructure
provided to its citizens wherein OOH advertising plays a very important role.

Mumbai is the most populous city in India and the ninth most populous
agglomeration in the world. Along with the neighboring regions of the Mumbai
Metropolitan Region, it is one of the most populous urban regions in the world
and the second most populous metropolitan area in India. Mumbai in its true
character is a Global city

Mumbai is the financial, commercial and entertainment capital of India. It is also


one of the world's top ten centers of commerce in terms of global financial flow,
generating 6.16% of India's GDP.

The architecture of the city is a blend of Gothic Revival, Indo-Saracenic, Art


Deco, and other contemporary styles. Most of the buildings during the British
period, such as the Victoria Terminus and Bombay University, were built in
Gothic Revival style. The city of Mumbai has its own aesthetical character and a
heritage city with 2 UNESCO World Heritage sites.

Identifying the true character of the city and to provide world class media,
MHADB has a vision and working towards the same. Pursuant to the Tender and
expecting a response from various companies for different media items with the
companies with a validity of basic experience and capability on ground after due
diligence on the project is attended. A step forward towards providing Smart
Media formats in the city of Mumbai:

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
The entire project of Mumbai division is consolidated in one package thereby
providing complete exclusivity for setting up Smart Media to enable quality
formats along with control to the MHADB authority.

The authority expects the participation from the experienced bidders of the field to
encourage the emerging technologies, various media elements including static,
Scrolling, digital, tri-vision and LED curtain backlit as a part of proposal and
phase wise commitment with adaptability of plans by the bidder.

The bidder should have the experience of handling the similar quantum of
proposed contract to ensure the stability from its Technical & financial
experience, proven ability to market the media nationally hence the national
network is expected along with international tie-ups.

Most importantly, since globally as well as in India the out of home advertising
market is expanding with the help of technology hence the authority is treating the
bidder as a Partner & expecting to take the responsibility to generate the revenue
for the state with minimum guarantee.

MHADB has a large Land Bank in the Mumbai Region, considering the vast
scope of revenue potential in the field of Outdoor Advertising and considering the
opportunity in this segment, many agencies on individual level approaches to
MHADB for permission to install and display various outdoor advertising
media’s in MHADB premises. Hence MHADB has identified the potential
locations in its owned lands, layouts, colonies, properties in Mumbai Region

MHADB has identified various Outdoor Media Formats to be installed and


displayed at various Lands, Colonies, Premises, MAHDB constructed Public
Utilities such as, Toilets, Shelters etc. in Mumbai Region.

MHADB is willing to permit the lease for Installation of identified and approved
sites / media etc. to experienced agency in the field of Outdoor Advertising. The
Bidder has to pay MHADB the amount of Minimum Guarantee in the Financial
Bid.

MHADB desires to grant the permission to develop and manage the Advertising Sites
for a period of 10 years, renewable for more 10 years on performance, to a
professional advertiser (“Bidder”) selected through the competitive bidding process
set forth in this tender document (“Tender”). The detailed terms of the Tender
are set forth in Section 4.2.

MHADB hereby invites the Bidders to submit Bids for the Tender in accordance
with the terms of this tender Document.
Capitalized terms used but not defined in this Section I, are defined in Section II.

2
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
1.2 SCHEDULE
The following schedule shall be followed for the TENDER process:
Online e-Tender Schedule
Seq Bidding Stage Date of Time period
No
1. Publishing Date
2. Document download start date
3. Bid Submission start date
Submission of Queries to RFP
4. By Email only Email : mhadadbmb@gmail.com
5. Pre-bid meeting
6. Reply/Clarifications to queries (online)
Bid Submission and Document
7. Download End date
8. Technical Bid Opening date
9. Technical presentation Shall be communicated to Qualified Bidders only.
10. Financial Bid Opening Shall be communicated to Qualified Bidders only.

MHADB reserves the right to change the above schedule at its sole discretion.
Any such changes will be intimated to the Bidders at the email addresses specified
by them.

1.3 CONTACT DETAILS

The following is the address and contact details for Bidders to obtain clarifications
in relation to this TENDER and for submission of Bids in accordance with this
TENDER.
Chief Officer,
MHADA, Mumbai Board
Gruhnirman Bhavan , Kalanagar
Bandra East, Mumbai – 400051

Please note all communications should contain the subject “Confidential:


TENDER – NO.
***************

3
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
SECTION II: DEFINITIONS AND USAGE

2.1 The following terms in the TENDER shall have the meanings set forth below.
Other terms are defined in the context in which they appear in this TENDER.

“Advertising Sites” or “Sites” means each of the sites and spaces identified for
advertisements, as set forth in Annexure 5.

“Affiliate” with respect to any person or entity, shall mean any other person or
entity that Controls, is Controlled by or under common Control with the first
mentioned entity. The term Affiliate includes without limitation subsidiary
companies, holding companies and subsidiaries of the holding companies, of an
entity.

“Agreements” is a collective reference to all agreements to be entered into


between MHADB and the Successful Bidder and any undertakings, guarantees
and documents whatsoever to be executed in relation to the Tender; all in the
form issued by MHADB.
“MHADB” or “AUTHORITY” means MUMBAI HOUSING AND AREA
DEVELOPMENT BOARD a Regional unit of MHADA.

“Applicable Laws” means all laws in force and effect including without
limitation all statutes, rules, regulations, notifications, circulars and guidelines and
judgments, decrees, injunctions, writs and orders of any court of record, tribunal
or quasi-judicial body and instructions, decisions and directions of any
governmental body or administrative authority, rules of any recognized stock
exchange, as amended, replaced, re-enacted, restated or re-interpreted from time
to time in India or any other relevant and applicable jurisdiction.
“Authorised Signatory” of a Bidder is defined in Section 5.5(b)(ii).

“Bid” means the binding offer to be submitted by each Bidder in accordance with
this TENDER. The documents comprising the Bid are specified in Section 5.5.
“Bid Security” is defined in Section 5.4.

“Bid Validity Period” means the period for which the Bids are required to be
kept valid, as set forth in Section 5.3.

“Bidder” means each applicant who submitted the BID in accordance with the
Tender Notice and who met the eligibility criteria specified in the tender Notice &
the Tender Document.

“Tender” means the right to (i) develop and manage the Sites and (ii) procure,
maintain and generate revenue from advertisements Sites; all as per the terms set
forth in the TENDER.

“Control” means the ability to control the management and policies of a person
or entity, whether through direct or indirect ownership of voting shares, the power
to appoint a majority of the members of the board of directors or equivalent
governing body of such entity, by contract or otherwise.

Grant of permission to construct & display advertisement on M.S. Steel Structures to be


installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
“Evaluation Form” means the completed document to be submitted by the Bidder as
per the form set forth in Annexure 4, as part of the Part B Bid Documents.
“Net Revenue” is defined in Section 4.2(b)(i)(1).

“MMG” or “Minimum Monthly Guarantee” is defined in Section 4.2(b)(i)(1).


“Security Deposit” is the interest free refundable deposit as set forth in Section
4.2(c), to be furnished to MHADB as security for the due performance and
fulfilment by the Bidder of its obligations under the Agreements.
“Per Site MMG” is defined in Section 4.2(b)(i)(2)i.

“TENDER” means this Request for Proposal, comprising of the following, all as
amended from time to time in accordance with the provisions hereof: (i) this
TENDER document, including all annexures, forms and attachments hereto; (ii)
the form of the Agreements to be subsequently issued by MHADB; and (iii)
written ‘online responses issued by MHADB pursuant to Section 5.2(c), to the
queries of Bidders.

“Scheduled Operational Date” of a Site, is defined in Section 4.2(a)(i).

“Successful Bidder” means the Bidder selected pursuant to the TENDER for
award of the Tender.

In this TENDER, unless the context otherwise requires: words importing singular
include the plural and vice versa; a reference to a law or statutory provision includes
such law or provision amended, modified, consolidated or re-enacted from time to
time; the words “include” and “including” are to be construed without limitation;
headings are for convenience of reference and shall not affect the construction or
interpretation of the TENDER; “herein”, “hereof”, and “hereunder” and other words
of similar import refer to the TENDER as a whole and not to any particular section or
other subdivision; a reference to an agreement, contract, deed, instrument or other
document shall include a reference to that agreement, contract, deed, instrument or
document, as amended, modified or supplemented from time
to time; references to sections, clauses, paragraphs, annexures, exhibits, forms or
attachments, in the TENDER shall be deemed to be references to sections, clauses,
paragraphs, annexures, exhibits forms or attachments, of or to this TENDER.
***************

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
SECTION III

3.1 Project:

Grant of permission to construct & display advertisement on M.S. Steel Structures to be


installed in MHADB lands, layouts, colonies, properties in Mumbai Region on BOO Basis.

3.2 Location of Sites:

MHADA have identified the feasible advertising sites on MHADB Layout, Lands,
Colonies and MHADB properties which are part if this tender

Please refer the Annexure 5 for details of Advertising sites Suggested Sizes and Location.

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
SECTION IV: ADVERTISING SITES

4.1 DETAILS OF ADVERTISING SITES

The areas, dimensions, mediums, proposed layouts and locations of the


Advertising Sites at various MHADB properties are specified in Annexure 5.
The descriptions of the Advertising Sites as set forth in this TENDER, including
the mediums, areas, dimensions, layouts, locations and the number of such Sites,
may undergo changes.

4.2 TERMS OF TENDER

(a) Scope of Tender

MHADB will grant the Bidder the Tender to construct & display advertisement
on M.S. Steel Structures to be installed in MHADA lands, layouts, colonies,
properties in Mumbai Region on BOO project. Pursuant to the Tender:

(i) Bidder shall apply and seek the license and permissions from the
competent local authorities in the Name of MHADB to develop each Site
as per plans and drawings required by the competent authority. Bidder
shall complete the process of such permissions within 180 days (or such
additional period as may be required on case to case basis specified by the
bidder to MHADB and post approval of Chief Officer, MHADB)

(ii) Bidder shall develop each Site as per plans and drawings provided by
Bidder and approved by Licensed Structural Engineer, Structural Stability
Certificate to be obtained from Structural Engineer thereof, Bidder shall
complete the development and make each Site operational within 180 days
(or such shorter period as may be specified by MHADB depending on the
Site, the (“Scheduled Operational Date”) from the date MHADB makes
such Site available for development. Bidder shall be solely responsible for
obtaining all approvals and complying with all requirements to be in a
position to commence the development work from such date. (or such
additional period as may be required on case to case basis specified by the
bidder to MHADB and post approval of Chief Officer, MHADB)

It is however clarified that in the event of any delay by MHADB in


making any one or more Sites available for development, there shall be no
consequence, other than the corresponding deferment of the Scheduled
Operational Dates for such Site(s). Without prejudice to the generality of
the foregoing, in such event, Bidder shall not be entitled to claim any
compensation or damages on account of revenue loss and otherwise shall
seek the reduction or modification in the MMG payable or other terms in
respect of the Site(s).

(iii) Bidder shall operate and manage the Sites till end date mentioned in the
agreement, subject to earlier termination in accordance with the terms herein.
The terms of the Tender for the period shall be as agreed at the time

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
of award pursuant to this TENDER and shall not be less than 10 years and
renewable for 10 years.

(b) Fees and payment terms

(i) The Bidder shall pay MHADB the following fees in relation to the Tender:

Bidder shall pay MHADB fees per month determined as follows


(i) An amount fixed as the monthly minimum guarantee
amount (“MMG” / “Minimum Monthly Guarantee”).

The selected bidder has to pay the MMG without fail to MHADB
during the entire period of contract

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(c) Security Deposit

(i) As security for the due performance and fulfillment of its obligations under
the Agreements, the Bidder shall, in accordance with Section 5.7(d)(iii),
furnish to MHADB an interest-free refundable security of Rs 1,00,00,000/-
(Rupees One Crores only) (“Security Deposit”). The successful bidder has to
submit the Security deposit in the form of irrevocable Bank Guarantee
renewable on each calendar year from any Nationalized or Scheduled Bank.
The Security Deposit shall be refunded within 30 days after the expiry or
termination of the Agreements, subject to claims of MHADB if any.

(d) Utilities and infrastructure

MHADB will provide access to the location of selected sites. Bidder shall arrange
for any other utilities, amenities or infrastructure as may be required for its
operations.

(e) Service standards and other requirements

(i) The Bidder shall notify in written to MHADB prior of the following:

(1) the advertisements proposed to be displayed at the Advertising


Sites, including the products/ services proposed to be advertised,
the placement/ positioning of the advertisements, the medium of
advertisement including the materials, standards and specifications
thereof;

(2) the period of display of the advertisements or any product/ service


campaign; and
(3) modification or alteration of any of the Sites

(ii) Bidder shall ensure that the Sites shall, at a minimum, be well lit, be
visually appealing, match international advertisement and product related
trends, standards and other operational requirements.

(iii) The Bidder shall have a mix of, national and local advertising experienced
professionals for the purposes of due fulfillment of obligations under this
TENDER and the Agreements and shall employ technical and creative
staff, including display designers, architects, etc. for the purpose of
performing its obligations hereunder.

(iv) The Bidder undertakes to provide all assistance as may be required by

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
MHADB in relation to any public relations efforts that it may wish to
undertake for the development of the project.

(i) The Bidder shall advertise in such a manner so as to avoid signage


pollution, as determined by MHADB.

(ii) The Bidder shall ensure that the advertisements displayed at the Advertising
Sites shall: (a) not be political, religious, defamatory or obscene in nature;
(b) not infringe the intellectual property or any other right of any third
party; and (c) be in accordance with applicable laws and regulations.

(ix) Bidder shall be solely responsible for any untoward incident or accident
happen during erection of OOH or during contract period. Any claim or
compensation, litigation thereof are the responsibilities of bidder.

(f) Other key terms

(i) Additional Sites:

(1) In addition to the Sites, Bidder may propose other advertising sites
during the tenure of agreement. Bidder’s proposal on additional
sites shall be evaluated in accordance with prevailing rules.
MHADB shall have the right to, in its sole discretion, accept or
reject the Bidder’s proposal on additional sites.

(2) At any time during the tenure of agreement, MHADB or Bidder may
propose additional advertising sites. In such event, Bidder shall

11
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
submit a detailed proposal in respect of such additional sites,
including the commercial terms, advertising plans and expected
capital investment and projected revenues in respect of such sites.
MHADB shall have the right to, in its sole discretion, accept or
reject the Bidder’s proposals on additional sites.

(3) The MHADB may at its sole discretion grant to any other party the
advertising rights for (i) any additional sites but the Bidder shall
have the first right of refusal in such case if may arise .

(ii) Insurance: The bidder shall, at its cost and expense, purchase and maintain the
insurance cover during the implementation and operational period such insurances
are necessary to protect the bidder its employees and its assets (against loss,
damage or destruction, at replacement value) including all force majeure events
that are insurable. Third party insurance cover also to be maintained by bidder.

The bidder shall , from time to time , provide to MHADB copies of all insurance
policies ( or appropriate endorsements , certifications or other satisfactory
evidence of insurance ) obtained by the bidder in accordance for the project

Bidder shall obtain and maintain workmen’s compensation and other insurances
required pursuant to applicable laws. Unless MHADB specifies otherwise.

(iii) Future Development: If any part of Layouts, Lands , Colonies , properties thereof is
required by MHADB for any other purpose or is demolished, prior to the expiry the
Tender period, the Tender in respect of Sites located in the affected parts shall end
upon the issuance by MHADB of notice of occurrence of such event. MHADB shall
have the right at all times without obtaining any consent, or making any arrangement
with the Bidder to develop, redevelop, renovate, retrofit, refurbish, alter or change the
structure, layout, design or use of the Layouts, Lands , Colonies
, properties or any part thereof (including any/ all of the Advertising Sites) as
deemed necessary by MHADB and Bidder shall have claim for an alternate
location with prevailing fees on pro rata basis or as compensation or damages or
reduction in fees as decided by MHADB. MHADB is entitled to close or restrict
or prevent access of Bidder to all or part of the Advertising Sites. MHADB also
reserves the right to relocate the Advertising Sites to alternate sites/ spaces, or
reclaim any/ all of the Advertising Sites.

(iv) Capital investment: Bidder shall be solely responsible for developing the Sites at its
cost and shall provide and install all equipment, temporary installations and fittings
necessary for advertising at Sites, including without limitation the LED Walls or
screens or other equipment. To ensure first class international quality and appearance
the Bidder shall for the development of the Advertising Sites expend the amount
proposed by it in the technical bid as per the Format of TENDER.

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(v) Termination: In addition to rights to terminate for cause as per the Agreements,
MHADB may at its option at any time terminate the Tender
(i) upon occurrence of an emergency or for development, modernization or up-
gradation purposes. In any such event Bidder shall not be entitled to restrict
MHADB. MHADB may consider to provide any alternate sites / spaces to the
Bidder.

Bidder may, after an initial lock-in period of 180 days, terminate the Tender
without assigning any reason with 90 days prior written notice to MHADB.

(vi) Bidder shall be solely responsible for complying with all applicable laws
obtaining and keeping in force all approvals and permits required for its activities
in relation to the Advertising Sites and otherwise for the performance of the
Tender. Bidder shall be solely responsible for complying with (i) all requirements
in relation to use of electricity; and (ii) best industry practices, first class
international advertising standards and the standards prescribed by the Advertising
Standards Council of India.

Notwithstanding any delay in commencing work at any Site due to any approvals,
permits, security clearances or entry permits not being received for any reason, the
fees in respect of such Site shall become payable from its Scheduled Operational
Date.

(vii) The Bidder shall comply with all standard operations procedures, regulations,
directions and instructions issued by MHADB or any other government or
regulatory agency in relation to, inter alia, cleanliness, health and safety, security,
fire, pest control, electrical installation, distribution and testing, etc.

(viii) In respect of the Advertising sites the Bidder may assign, transfer rights or interests or
sublet or sub-contract or hypothecate any obligation, right or interest of the bidder
which shall bind, and shall inure to the benefit of, bidder and MHADB.

(ix) Bidder may assign, transfer or novate the agreement by notifying the MHADB
before entering such arrangement, the responsibility and the commitment of
bidder shall remain same at all times.

(x) Other terms and conditions of the Tender shall be as set forth in the Agreements. The
format of Agreements shall be provided by MHADB to the Successful Bidder.
***************

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
SECTION V: SELECTION PROCESS
5.1 BIDS

(a) Blank tender document and other details can be downloaded by the interested
Bidder on following e-Tender portals / website only. https://mahatenders.gov.in, ,
MHADA Website – https://mhada.maharashtra.gov.in

Interested Bidder has to be enrolled on e-Tendering system. As the Bid Data on


the System is required to be encrypted and digitally signed online, Bidders are
required to obtain Class-2 Digital Signature Certificate at the earliest.

The bidder shall pay the Rs. 2,000/- Bid Processing Charges (Non refundable)
with document charges of Rs.25,000/- +( GST) through Online Receipt System
only upto 3.00PM hours on 11/10/2017

(b) No Bidder shall, directly or indirectly, or through an Affiliate or an associated entity


or related party, participate in or be associated with more than one Bid. Multiple Bids
in contravention of the foregoing are liable to be rejected and the respective Bidders
disqualified from the TENDER process, at the sole discretion of MHADB.

5.2 TERMS OF THE TENDER PROCESS

(a) General terms of participation

(i) Bidders shall submit the Bid as an irrevocable, binding offer to contract
with MHADB, in the form specified at Section 5.5. The Bid shall be valid
for the Bid Validity Period as specified in Section 5.3 and shall be
accompanied by a Bid Security as specified in Section 5.4.

(ii) Bidder acknowledges and agrees that by submitting a Bid it shall be


deemed to have agreed to all the terms and conditions of the TENDER.
(iii) By submitting a Bid, Bidder further agrees that:

(1) it has read and clearly understood the TENDER documents and
agrees to be bound by the terms of the TENDER;

(2) it is submitting its Bid in compliance with the terms and conditions
set out in the TENDER; and

(3) in the event it is awarded the Tender, it shall, in accordance with


the TENDER, execute all the Agreements and provide the Security
Deposit, all in the forms as issued/specified by MHADB.

(iv) Notwithstanding anything to the contrary, MHADB reserves the right,


without assigning any reasons therefor, to reject any and all Bids and/or
cancel or discontinue the TENDER process or any part thereof at any stage
prior to the execution by MHADB of Agreements with the Successful
Bidder. In such case MHADB shall not incur any liability or obligation to
any of the Bidders for the preparation of their Bids, participation in the

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
TENDER process or otherwise, or for any other financial implication.

(v) MHADB reserves the right to proceed with the TENDER process and award of
the Tender, regardless of the number of Bidders who participate in the TENDER
process or the number of Bids received or eligible. For the avoidance of doubt, it
is clarified that MHADB may at its option, continue with the TENDER process
and award the Tender, even if only one eligible Bidder submits a Bid.

(vi) Intellectual property rights in relation to the material contained in the TENDER
vest in MHADB. Consequently, the TENDER cannot be used or copied in whole
or in part or in any form or in any format other than within the Bidder’s
organisation solely for the purposes of submitting a Bid hereunder, without the
prior written consent of MHADB.

(vii) The Bidder is expected to have carefully read and examined the contents of all
TENDER documents. Failure to comply with the requirements of the TENDER
shall be at Bidder’s risk.

(viii) The Bidder must obtain for itself, at its own expense, all information that may be
necessary for preparing a Bid. Bidders are required to make themselves fully
acquainted with all relevant information, and must carefully examine all
TENDER documents and satisfy themselves as to the tasks, risks, obligations and
responsibilities to be undertaken pursuant to the TENDER. Any error, incorrect
information, negligence, or failure to obtain any and all reliable information or on
any other matters affecting the Project shall not relieve the Successful Bidder
from its obligations.

(ix) Each Bidder is advised that the relevant legal, regulatory, operational and
financial circumstances relevant to the Project may change from time to time.
Neither MHADB nor its employees will assume responsibility or liability for such
changes, nor shall they be under any obligation to advise the Bidders thereof.

(x) Each Bidder shall bear all costs associated with the preparation and submission of
its Bid and MHADB will, in no case, be responsible or liable, directly or
indirectly, for any expense, costs or loss, which may be incurred by the Bidder in
the preparation and submission of its Bid, regardless of the outcome of the
TENDER process.

(xi) By submitting a Bid in response to the TENDER, the Bidder agrees that no
actions taken by MHADB in connection with the Tender, whether pursuant to the
TENDER or otherwise, shall give rise to any claims, rights, obligations or
expectations in connection with the Bid.

(xii) The Bidder acknowledges and agrees that the receipt of the TENDER, its
participation in the TENDER process or submission of any Bid under or pursuant to
the TENDER does not and would not be deemed to create any rights or expectations
whatsoever in favour of any Bidder. The Bidder agrees and acknowledges that the
TENDER process does not constitute any offer by MHADB

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
to enter into any contract with the Bidder or any other party. The Bidder
acknowledges that the TENDER process and criteria, including any amendments
and modifications hereto, the determination and award of the Tender or
cancellation/rejection of any Bid are at the sole discretion of MHADB and the
Bidder shall not dispute or call into question any part of the TENDER or other
action in relation thereto by MHADB.

(xiii) By submitting the Bid, the Bidder hereby represents, warrants and covenants that
(i) it has not engaged and will not engage in any dishonest, illegal or unlawful
business practices; and (ii) it has not provided and will not provide any monetary
or other form of incentive to any party in relation to award of the Tender and no
sums in cash or kind are payable, have been paid or been promised to, or accepted
by any party or will be paid to, or accepted by, any party or on its behalf, by way
of fees, commission or otherwise to induce MHADB to grant the Tender to the
Bidder, except as may be expressly required under the TENDER. The Bidder
agrees that MHADB shall have the right to disqualify any Bidder at any time
(including without limitation after award of the Tender) if MHADB is of the
opinion that the Bidder has taken any such action. Bidder shall not engage in any
corrupt or fraudulent practices in the TENDER process. MHADB shall be
entitled to disqualify any Bidder from the TENDER process if it has adequate
reason to believe that such Bidder has violated these terms or submitted any
incorrect or misleading information and/or suppressed any information which it
ought to have prudently disclosed to MHADB in any manner.

(xiv) Bidder shall submit accurate and correct information. Bidder agrees that MHADB
reserves the right to disqualify its Bid in the event any false statement or
misrepresentation is found therein.

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(b) Amendments to the TENDER

(i) MHADB shall have the absolute right to amend or vary in any manner and
at any time prior to the last date and time for submission of Bids, the
TENDER process or the TENDER documents including without
limitation, the scope and terms of the Tender, the Sites, the terms and
conditions of the Agreements, the eligibility, evaluation or short-listing
criteria or the time schedules under the TENDER.

(ii) Pursuant to any such amendment or variation, MHADB may at its sole
discretion extend the last date and time for submission of Bids or permit
Bidders to submit revised Bids. If MHADB permits Bidders to submit
revised Bids and any Bidder neither submits revised a Bid nor withdraws
its previous Bid, within the time permitted by MHADB therefor, it shall be
deemed that such Bidder does not intend to modify its Bid and that such
amendment or variation has been taken into account in such Bidder’s
previous Bid.

(ii) In the event of any changes in Applicable Laws or policy relating to the
Tender or the Sites, MHADB retains the right to make such modifications
and/or take such actions as may be deemed to be appropriate by MHADB,
including continuing with and/or modifying the process or terms of
TENDER or the Agreements at any time prior to the execution of the
Agreements.

(iii) Notwithstanding anything to the contrary, no amendment, modification or


variation, of any of the terms and conditions of the TENDER shall be
effective unless issued in writing and signed by any person authorised by
MHADB in this behalf.

(iv) Amendments in relation to the TENDER shall be issued by MHADB to


the Bidders at the email addresses provided by them.

(c) Clarifications

(i) Bidders may submit a written request to MHADB for clarifications in


relation to the documents comprising the TENDER, no later than the date
specified in Section 1.2. All such queries should be sent by email or should
be submitted in physical form before the Pre-Bid meeting date, to the
person and address specified in Section 1.3 and should provide full contact
details of the Bidder, including address and e-mail contact details for
sending of responses.

(ii) Each query shall include the reference of the part of the TENDER and the
sections or paragraph numbers thereof, to which the query relates. Each
query shall also set out in reasonable detail the background or reason for
the query.

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(iii) Information/ clarifications may be provided by MHADB in its sole
discretion in the manner deemed appropriate by MHADB.

(iv) Responses (if any) to the queries of Bidders and copies of such queries may
be made available/circulated to all Bidders without disclosing the identity of
the Bidder that raised the query through email or online. Written responses to
clarifications issued by MHADB, signed by any person authorised by
MHADB in this behalf, shall form an integral part of the
TENDER.

(v) MHADB reserves the right not to answer any particular query or to
answer a query in any way it deems appropriate.

(vi) It is the responsibility of the Bidder to carefully examine all the TENDER
documents on receipt and in the event of any discrepancy, incompleteness,
or missing parts or pages, to inform MHADB in writing immediately.

(d) Site visits

For a visit of the Advertising Sites bidder should refer the annexure 5 and visit on
its own on the various locations, bidder may raise the clarification about the same
before the pre-bid meeting.

(e) Confidentiality

Bidders shall maintain the confidentiality of this TENDER, the form of


Agreements, and other information provided to them from time to time pursuant
to this TENDER, in accordance with the confidentiality undertakings executed by
them as part of their submission.

5.3 BID VALIDITY PERIOD

(i) The Bidders shall keep their Bids valid and open for acceptance by
MHADB for a period of at least three months from the last date for
submission of Bids as specified in Section 1.2.

(ii) MHADB may at its option, request the Bidders to extend the aforesaid
validity period for such further period as may be determined by MHADB.
Bidders who agree to extend the validity of their Bids for such further period
shall inform MHADB and shall also extend the validity of the Bid Security
for the extended period. MHADB shall return the Bid Securities of Bidders
who do not agree to extend the validity of their Bids and shall be entitled to
proceed with the evaluation of the Bids of only those Bidders who have
agreed to extend the validity. By submitting a Bid the Bidder agrees that the
decisions of MHADB in this regard, shall in no way vitiate the TENDER
process or the award of the Tender by MHADB, nor give rise to any right in
favour of or claim by any Bidder against MHADB or any other party.

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(iii) The original validity period of the Bid together with any extensions,
pursuant to the above provisions, is referred to as the “Bid Validity
Period”.

5.4 BID SECURITY

(i) As part of each Bid, the Bidder shall furnish an unconditional and irrevocable
bank guarantee in the form set forth in Annexure 2 from a Nationalised/
Scheduled bank in Mumbai acceptable to MHADB, as security for the
performance by the Bidder of its obligations pursuant to the TENDER
(including without limitation, its representations, warranties and covenants in
such Bid) (“Bid Security”). The amount of the bank guarantee
/ Demand draft for Bid Security shall be Rs. 50,00,000/- (Rupees Fifty Lacs
only). Demand draft should be in the name of “Assistant Account Officer
/ Mumbai Board”. The aforesaid bank guarantee/ Demand draft shall be
valid for a period of one month beyond the Bid Validity Period specified
in Section 5.3.

The scan copy of the BG is to be uploaded at the time of online bid


submission. The bidder should submit the original copy of the BG to
MHADB before the time of Technical Bid Opening. If bidder fails to submit
the BG or any deviation found from the uploaded scan copy and original copy
then the bidder will be disqualified from further bidding process.

(ii) Without prejudice to the generality of the foregoing, the Bid Security shall
be invoked, if:

(1) The Bidder has, without MHADB‟s written consent, withdrawn its
Bid during the Bid Validity Period;

(2) The Bidder has upon being declared eligible for award of the
Tender, breached the terms of its Bid, or following award, failed
to execute the form of Agreements or provide the Security Deposit,
all as required by the TENDER; or

(3) If in the sole opinion of MHADB, there has been a breach of the
confidentiality or other obligations under the TENDER.

(iii) The Bid Security of the Successful Bidder shall be returned upon receipt
by MHADB of the Security Deposit and the execution of the Agreements,
all as required by the terms of the TENDER.
(iv) The Bid Securities of unsuccessful Bidders shall be returned within 30
days from the date of award of the Tender to the Successful Bidder.

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
5.5 FORM OF BID

(a) Contents of Bid

(i) Each Bid shall comprise of:


(1) Part A Bid Documents; and
(2) Part B Bid Documents.

(ii) Part A Bid Documents shall comprise of the following documents, all as
specified in Annexure 3.
(1) Duly completed Bid Certificate in the form set forth in Annexure 1.
(2) Bid Security in accordance with the provisions of Section 5.4.

(3) A valid power of attorney (original or a notarized copy) or a certified


true copy of valid resolution of the board of directors of the Bidder or
other valid authorization, in favour of the Authorised Signatory of the
Bidder, for signing and submitting the Bid and otherwise acting on
behalf of the Bidder, in accordance with the TENDER.

(4) A copy of all documents comprising to the Eligibility Criteria set


forth in Section 5.6 of the tender document.

(5) A copy of all documents comprising the TENDER (including


amendments to the TENDER and clarifications issued by
MHADB to queries of Bidders) with every page stamped and
signed by the Authorized Signatory of the Bidder, as a token of the
Bidder’s acceptance of the terms of the TENDER.

(6) The bidder should submit detailed company profile & executed
projects of the similar quantum in the recent past excluding private
outdoor advertising contracts.

(7) General information in relation to the Bidder as specified in


Annexure 3

The above (iii) 1, 2 should be submitted as per the formats prescribed as Annexure
4….

Grant of permission to construct & display advertisement on M.S. Steel Structures to be


20
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(b) Instructions applicable to all Parts of the Bid Documents

(i) Bidder shall submit each Part of the TECHNICAL Bid Documents
uploaded online in the form of one Hard copy & and one electronic
version in Pen Drive after date of opening of the Technical Bid.
In the event of discrepancies, the online submitted and uploaded
TECHNICAL documents shall prevail over the copy and the electronic
version.

Bidder shall take utmost care not to mention or disclose its intentions or
financial quote or its plans in the Technical Bid documents, if found the
Bid will be summarily rejected and no justification shall be entertained by
MHADB in this regards.

(ii) Bidder shall authorize one of its employees to represent and act on behalf of
the Bidder in relation to the TENDER and to sign and bind the Bidder to the
Bid, the Agreements and all statements, responses, correspondence and other
documents in relation to the TENDER (“Authorised Signatory”).

(iii) The original and all copies of each Part shall be duly stamped with the stamp
of the Bidder and signed and dated by the Authorised Signatory of the Bidder
where required, and shall be stamped and initialed on every page.

(iv) Bidder shall ensure that the Bid contains no alterations, omissions or
additions. Any corrections of minor errors shall be signed and stamped by
the Authorised Signatory of the Bidder.

(v) All Bid documents shall be printed on A4 size paper. All Bid documents
shall be suitably indexed and sequentially numbered for easy reference.

(vi) The details shall be filled in numerals as well as words. In case of any
discrepancy between the numerals and words, the words shall be deemed
to be correct.

5.6 MINIMUM ELIGIBILTY CRITERIA FOR PARTICIPATION BY THE


BIDDER

(a) The bidder should be a registered Indian Company under “The


Company Act, 1956”.

(b) In case of Consortium the same shall not consist of more than two
companies and shall be formed under a duly stamped consortium
agreement. In the event of a consortium, one of the partners shall be
designated as a "Prime Bidder". In case of Consortium the bidder has to
submit the consortium Agreement and roles and responsibilities of each
bidder has to be defined clearly.

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(c) The Bidder (Lead or Consortium) should have GST Registration.

(d) The Bidder (Lead or Consortium) should have an average annual Audited
turnover of Rs.45.00 Crore (Rupees Forty Five Crore Only) for the last
three years i.e. FY 2014-15, 2015-16 and 2016-17. In case of Consortium,
each of the consortium partner should have an average annual turnover of
Rs. 25 Crores (Rupees Twenty Five Crores). for the last three years i.e. FY
2014-15, 2015-16 and 2016-17. The total billing from services
rendered/capitalized billing either from Audited Statement of Accounts or
Certificate from Chartered Accountants shall be taken as the turn over.

(e) A Solvency Certificate of Rs.15 Crores (Rupees Fifteen Crores only)


issued recently by any Nationalized/ Scheduled Bank should be submitted
by the bidder (lead or consortium) along with the technical bid documents
(f) The Net Worth of the bidder (lead or consortium) should be minimum of
Rs._____ crores (Rupees _________________ Crores only) as on 31st
March 2017. (Attach CA Certificate)

(g) The bidder (Lead or Consortium) shall have minimum Ten years of
experience in the field of outdoor advertising for installation and
maintenance of Outdoor media items. This experience shall be on
permanent structures like Unipoles/ Bi-poles/ Hoardings/ Skywalk (FOB) /
Bus Shelters/ Digital or similar other structures for Government or Semi
Government Department/ Public Sector Undertakings/ Corporations. To
claim their experience, bidders shall produce the relevant documents like,
copy of agreements and work orders duly notarized by the Notary.

(h) The bidder (Lead or Consortium) should have its owned media items
allotted by the competent authorities in at multiple cities of Maharashtra.
For the purpose of this tender. “Competent authorities” is defined as
Government or Semi Government Department/ Public Sector
Undertakings/ Corporations and ‘City’ is defined as having municipal
corporation as civic body. The Media under conducting basis OR
marketing rights agreement OR any other temporary arrangements for
marketing or sell or maintenance of media will not be considered.

(i) Since the project is based on Outdoor Advertising Revenues, the bidder
(Lead or consortium) should have an average billing of Rs.25 Crores per
annum for last three financial years 2014-2015, 2015-2016, 2016-2017
from Outdoor Advertising Business.

(j) The Bidder (Lead or Consortium) should have ISO certification for quality
process

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(l) The bidder (Lead or Consortium) must have proven experience of
executing the commercial advertising campaigns of its clients in major
metros and tier II cities, the campaign should have executed in minimum
ten cites of the country the documentary evidence including the collection
should be attached.

(m) The Bidder (Lead or Consortium) should have an experienced team of


Architects, Engineers (Civil / Structural / Electronic), Software Experts,
Master in Business Administration, Chartered Accountant, Basic office
staff and technical Staff on their payroll or hired for the successful
implementation and operations of the project.

(o) The bidder shall submit Brief Presentation on detailed media installation
plan, time schedule, mock designs, responsibility towards environment,
additional facilities to MHADB, eco-friendly technology, international
designs with use of emerging display management technology, brief
presentation of participating company, work in hand, projects executed,
clients handled list, national presence, Web based solution, interface of
dashboard, for monitoring of display management, online payment
system transparency of display through software etc.

(p) The Bidder should not be debarred / blacklisted by any of the Govt.
authority in last three years. The Bidder has to give an undertaking to be
signed by authorized signatory to this effect. If the undertaking is found to
be false at a later date after selection of bidder OR after Agreement the
contract is liable for termination with immediate effect.

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
5.6 (1) Technical Evaluation/marking chart

Maximum
Sr. No. Conditions Marks
Annual Average Turnover in last 3 financial years to be 25
Crores but less than 27 Crores = 2 Marks
1 More than 27 Crores but less then 30 Crores = 5 marks
More than 30 but less then 40 Crores 7 marks 10
More than 40 Crores = 10 Marks
Having net worth of 10 Crores but less than 12 Crores as on 31st
March 2017. = 5 Marks
2
More than 12 Crores but less than 15 Crores 7 marks 10
More than 15 Crores = 10 Marks
Experience in the field of Outdoor Media Ownership/ Tender
in 1 cities = 5 Marks
3
More than 2 cities but less than 3 cities = 7 marks 10
More than 3 cities = 10 Marks
Marketing capability : Executed outdoor advertising campaigns
in 10 cities but less than 15 cities for its clients = 5 Marks
4
More than 15 cities but less than 25 cities = 7 10
More than 25 cities = 10 Marks
Worked with multiple Government agencies in Maharashtra
upto 3 Govt. Agencies = 5 Marks
5 More than 3 but less than 5 Govt. Agencies =7 Marks
More than 5 Govt. Agencies = 10 Marks 10

Experienced team of
a. Architect : Experience of 10 years = 1 mark
b. Civil / Structural / Electronic Engineer 1 each = 1mark
7 c. MBA : 2 MBA personnel = 1 mark 5
d. Chartered accountant = 1 mark
e. Technical staff - at least 02 nos. (e.g. creative designer ,
3D animator, commercial artist) = 1 mark

Maximum Total Marks 60

Brief Presentation on mock designs, responsibility towards


environment, additional facilities to MHADB, eco-friendly
technology, international designs with use of emerging display
management technology, brief presentation of participating 40
8
company, work in hand, projects executed, clients handled list,
national presence, transparency of display through software
Web based solution, interface of dashboard, for monitoring of
display management, online payment system etc
Maximum Technical Marks 100

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
5.6 (2) EVALUATION

The bidder will be given marks on evaluation of the technical bid as per the above which
shall be the “Technical Score” (St). The Bidder who had secured 65 % marks in the
Technical Score will be considered qualified for further process of opening of Financial
Bids. Bids securing less than 65 % marks in technical evaluation will be considered as
non-responsive to the terms & conditions of the tender reference and financial proposals
of the same will be returned non-opened.

The Highest Financial Proposal (Fm) (i.e; the highest revenue quoted by the bidder to be
offered to MHADB) will be given a financial score (Sf) of 100 points. The financial scores
(Sf) of the other Financial Proposals will be computed as indicated in below para. Proposals
will be ranked according to their combined technical (St) and financial (Sf) scores using the
weights (T = the weight given to the Technical Proposal; P = the weight given to the
Financial Proposal; T + P = 1) Using the formula below:

Total Combined Composite Score (T S) =St × T% + Sf × P%. The Agencies achieving


the highest combined composite technical/ financial score will be awarded the package.

The formula for determining the financial scores is the following: [Sf = 100 x F/Fm, in
which Sf is the financial score, Fm is the highest percentage quote, and F the percentage
of the proposal under consideration] the weights given to the Technical and Financial
Proposals are: T= 0.80, and P= 0.20.

The Bidder securing the highest Combined Composite Score will be allotted the tender,
and has to pay the MHADB the Monthly Minimum Guarantee.

The above evaluation process will be executed by the Expert committee appointed by
MHADA(MB)

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
5.7 SUBMISSION OF BIDS, EVALUATION AND AWARD

(a) Submission of Bids

The tender documents to be submitted through process of e-Tendering, Digitally Signed


and unconditional online quotations from eligible company or firm.

The first envelope will contain eligibility requirement documents [Technical Envelop
PART A – BID DOCUMENT].

(i) The PART A Bid document will contain technical information in


prescribed formats in TENDER along with the scanned copy of duly filled
forms in PDF format shall be uploaded along with the required supporting
documents. Bidders are requested to encrypt the data using valid Digital
signature certificate issued by any of Govt. of India approved certifying
authority [Envelop No.1]. PART A TECHNICAL BID DOCUMENTS”
(ii) The Bidder should also submit the scanned copy of the signed tender
document and its addenda or corrigenda if any.

(iii) All documents comprising the Bid shall become the property of MHADB
and shall not under any circumstances be returned to the Bidders.
MHADB shall be free to utilize any information / data provided to it as a
part of a Bid in any manner that it deems fit.

(iv) The bidder should ensure that all the required documents, as mentioned in
this Tender document, are submitted along with the bid and in the
prescribed forma only. Non-submission of the required documents or
submission of the documents in a different format/ contents may lead to
the rejections of the bid proposal submitted by the bidder.

(v) Bids must be received (by e-tendering System) by MHADB on following


e-Tender portals / website only.
Website : https://mahatenders.gov.in, https://mhada.maharashtra.gov.in
not later than 3:00 pm on the last date for submission of Bids as
specified in Section 1.2, as may be extended by MHADB at its discretion.
Notwithstanding the foregoing, MHADB may, at its sole discretion,
consider any late Bid submissions.

(vi) MHADB will not accept delivery of Proposal in any manner other than
that specified in this TENDER. Proposal delivered in any other manner
shall be treated as defective, invalid and rejected.

(vii) No Bid may be modified or withdrawn once submitted online by the


Bidders. Bids submitted constitute an irrevocable, binding offer by the

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
Bidder to contract with MHADB on the terms of the Bid which terms may
not subsequently be changed / waived by the Bidder. If a Bidder attempts
to withdraw or nullify its Bid after the last date and time for submission of
Bids, MHADB reserves the right to disqualify the Bidder from any other
bids (including for any other advertising business) or any business
opportunities and to invoke the Bid Security.

(viii) Without prejudice to the foregoing, Bidders shall promptly notify


MHADB in writing should they become aware that any information stated
in their Bids is or may become inaccurate for whatever reason, including
due to subsequent changes in circumstances beyond the Bidder’s control.
MHADB reserves the right to waive any failures or shortcomings in the
Bid.

(ix) MHADB does not take any responsibility for delays or failure of the Bid
to reach MHADB E-Tendering Portal.

(b) Disqualification

(i) In addition to the grounds specified elsewhere in the TENDER, MHADB


shall have the right to disqualify any Bidder if, in MHADB’s sole opinion:

(1) the Bid is not in the form or on the terms prescribed in the
TENDER or is inaccurate, incomplete, conditional, ambiguous,
obscure or contains any deviations or irregularities of any kind;

(2) the Bidder, or any employee or director or any person associated


with such Bidder has or may reasonably be thought to have, at any
time, committed any act involving an element of dishonesty,
whether in connection with the Bid or otherwise;

(3) the Bidder engages in anti-competitive behavior including,


collusion between Bidders or solicitation of MHADB’s employees.
Bidders may only have contact with the authorized representatives
of MHADB solely for the limited purpose of submission of Bids
and queries concerning the TENDER and other matters as
provided for in the TENDER;

(4) the Bidder breaches any of the terms and conditions contained in
the TENDER; and/or

(5) any other fact or circumstance exists, which justifies such


disqualification in the opinion of MHADB.

(ii) In this regard, MHADB shall be entitled, in its sole discretion, to take into
account information furnished by the Bidder and/or information obtained
from other sources considered by MHADB to be appropriate.

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Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(c) Evaluation

(i) Any Bid that is incomplete, or qualified and/or subject to any conditions, is
liable to be rejected, at the sole discretion of MHADB. Without prejudice to
the generality of the foregoing, any defect in the Part A Bid Documents may
render the entire Bid liable to be rejected as non- responsive. MHADB may
in its sole discretion permit Bidders to correct or waive any minor
deficiencies, clerical or typographical errors or omissions in their Bids, other
than in the Evaluation Form. MHADB may at its sole discretion seek any
clarifications from any Bidder in relation to its Bid.

(iii) Each Bidder specifically agrees to and acknowledges the above provisions
and agrees that it shall have no claims against MHADB or any other party
whatsoever in relation to any act or omission of MHADB pursuant to
evaluation.

(iv) The Bids will be awarded on the marks based in the Minimum eligibility
criteria of the Bidder in accordance with Technical Evaluation Chart
Section No 5.6. (1), (2). Notwithstanding the marking received by any
Bid, the final right to award the Tender or enter into any contract in
relation to the Advertising Sites rests with MHADB.

(d) Award of Tender

(i) Bids are submitted to MHADB for the sole purpose of placing MHADB
in a position to evaluate whether or not to award the Tender and, should it
decide to do so, to evaluate on what terms such an award should be
granted. MHADB shall not be obliged to award the Tender or contract to
any Bidder pursuant to a Bid, notwithstanding that the Bid conforms to
MHADB‟s criteria and has been satisfactorily evaluated and has received
the highest marks.

(ii) After evaluation of all Bids, MHADB will issue a letter of award of the
Tender to the Successful Bidder selected by MHADB. The Successful
Bidder shall accept such award within 21 days of issuance of such letter
and shall, along with its acceptance:
(1) furnish the Security Deposit of Rs.2,00,00,000 ( Two Crore only)
in the form of irrevocable bank guarantee ; and

(2) Undertake to execute and deliver to MHADB all documents


comprising the Agreements within 21 days of the issuance of the
letter of award.

28
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(iii) MHADB reserves the right, at its sole discretion:

(1) to extend the time for execution and delivery of the Agreements or
furnishing of the Security Deposit as aforesaid; or

(2) to amend or modify the terms of the Agreements, prior to the


execution thereof, or to require the Successful Bidder to enter into
any additional agreements, undertakings or documents. The
Successful Bidder shall accept such amendments and modifications
and shall execute such additional agreements, undertakings or
documents without demur or protest.

(e) Withdrawal of award

(i) MHADB shall have the right to withdraw, with immediate effect or with
effect from any date notified by it, in writing, the award of the Tender
and/or to cancel any contract consequent thereon, including but not limited
to the Agreements, if:

(1) the Successful Bidder fails to execute the Agreements or furnish


the Security Deposit or perform any other action, as required and
within the time periods specified pursuant to Section 5.7(d);

(2) MHADB becomes aware of any facts or circumstances (including


facts or circumstances which arise after the award of the Tender)
which, in MHADB‟s sole opinion, would have rendered the Bid
subject to disqualification under the TENDER had such facts or
circumstances arisen prior to the award and been known to
MHADB at the time of the award;

(3) the award of the Tender or the conclusion of the Agreements is


subsequently set aside by any order of court, arbitration award or
other binding agreement, award or finding, whether such order,
agreement, award or finding arises from contested proceedings or
an agreed settlement of any dispute;

(4) there is any amendment, modification or change in the Applicable


Laws relating to the Tender which affects or impacts the award of
the Tender.

(ii) In the event of withdrawal of the award, MHADB reserves the right, at its
discretion, to disqualify the Bidder who was awarded the Tender, invoke
its Bid Security and/or Security Deposit, and evaluate, discuss or negotiate
with any of the remaining Bidders for the award of the Tender. For
avoidance of doubt, it is clarified that MHADB shall not be obligated to
cancel the TENDER process in such a situation and shall be entitled to
proceed with the remaining Bidders for award of the Tender.

29
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(iii) Each Bidder agrees and acknowledges that it shall have no right or
recourse against MHADB as a result of the withdrawal of award of the
Tender and/or cancellation of the Agreements by MHADB pursuant to
the terms hereof.

5.8 DISCLAIMERS

(i) The information contained in or as part of the TENDER or otherwise


provided to Bidders is offered in good faith for the guidance of the
Bidders only. Neither MHADB nor its employees, or advisers make any
representation or warranty, express or implied or accept any responsibility
or liability as to the accuracy or completeness of the information contained
in the TENDER documents or information made available or to be made
available in connection with MHADB, its business activities and/or the
Advertising Sites or and nothing contained herein or provided or to be
provided to the Bidders is or shall be relied upon as a promise or
representation, whether as to the past or as to the future.

(ii) Each Bidder is obliged to become acquainted with all of the provisions of
the Applicable Laws affecting the Bid, the Tender and the fulfilment of its
terms. Bidders are deemed to have knowledge of and be in full compliance
with all the Applicable Laws, including without limitation, relevant laws
in relation to performance of the Tender, foreign investments, exchange
control and collaborations. Bidders acknowledge and agree that MHADB
shall be entitled to disqualify any Bidder, invoke its Bid Security and
exercise any other remedies it may have (including, without limitation,
seek damages for loss of profit/ loss of revenues), if any proceedings are
brought against any Bidder and/or MHADB and/or any party, for breach
of any Applicable Laws in relation to such Bidder’s Bid.

(iii) The TENDER documents do not purport to contain all of the information
that may be required by Bidders to evaluate the business opportunity,
and/or its commercial potential/value and each Bidder should conduct its
own independent legal, financial due diligence or other analysis of the
business opportunity, and/or its commercial potential/value and of the
information contained or referred to in the TENDER documents and
should obtain such professional advice as it deems necessary including
consideration of any business risks associated thereto.

(iv) Any communication to the Bidders from MHADB shall be valid only if
received in writing from any persons authorized by MHADB.

30
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
5.9 MISCELLANEOUS

(a) Indemnity

The Bidders shall indemnify MHADB and its employees, agents and management
and hold such persons harmless from and against any and all actions, causes of
action, claims, suits, damages, counterclaims, penalties, losses, expenses
(including reasonable attorney's fees and court costs) and liabilities of any kind
which MHADB or its employees may suffer howsoever arising as a direct or
indirect result of:

(i) any act or omission of the Bidder and/or its employees, agents, officers
and/or directors, whether undertaken pursuant to the TENDER or
otherwise;

(ii) the Bidder’s defective performance or non-performance of its obligations


hereunder or under any contract awarded pursuant to the TENDER;

(iii) any breach by the Bidder of any warranty, representation or covenant


given in connection with the TENDER; and/or

(iv) any act of terrorism, destruction or violence by the Bidder or any of its
employees, agents, officers, directors, consultants, contractors, sub-
contractors or servants or staff members.

(b) Good faith

All Bids are required to be submitted in good faith and Bidders are required to act
in good faith during the TENDER process and thereafter.

(c) Communications

(i) All written communications (including queries) from Bidders to MHADB


(other than the Bid itself) must be sent by email, to the person and at the
contact details stated in Section 1.3. All communications should contain
the subject line
“TENDER - Grant of permission to construct & display advertisement on
M.S. Steel Structures to be installed in MHADA lands, layouts, colonies,
properties in Mumbai Region on BOO project”. MHADB reserves the
right to not consider or respond to any notice or communication not
submitted in accordance with the TENDER terms.

31
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(d) Assignment and change in Control

(i) No Bidder may assign its rights or obligations that arise under the
TENDER without the prior written consent of MHADB.

(e) Other terms

(i) All costs incurred by a Bidder howsoever arising out of or in connection


with the TENDER, irrespective of whether the Bid is successful or not,
shall be borne by the Bidder without recourse to MHADB. Each Bidder
shall reimburse MHADB for any expenses (including reasonable
attorney’s fees and charges) incurred by MHADB in connection with any
claim or dispute raised by such Bidder.

(ii) All Bids and other documents and correspondence in connection with the
TENDER shall be in the English language.

(iii) Any inconsistency, conflict or ambiguity in interpretation among the


documents comprising the TENDER (including without limitation the
Invitation and Agreements), shall be resolved in the manner as decided by
MHADB, whose decision shall be final and binding on the Bidders.

(iv) No dispensation granted by MHADB in favour of a Bidder shall constitute


a waiver of MHADB’s rights under the TENDER, nor shall it give rise to
any right or claim by any other Bidder. MHADB shall not be precluded, as
a consequence of having granted such dispensation, from exercising any of
its rights against such Bidder or other Bidders which may have arisen in
the past or which may arise in the future.

(v) The Bidder undertakes at all times to do, within such time as may be
stipulated by MHADB and if not so specified, within a reasonable period
of time, all such things, perform all such actions and take all such steps
and to procure the doing of all such things, the performance of all such
actions and taking of all such steps as may be necessary for or incidental to
the putting into effect and maintenance of the terms and conditions
contained in the TENDER or of any award of the Tender.

(f) Jurisdiction
The Bidder submits to the exclusive jurisdiction of the courts at Mumbai, India.

(g) Applicable laws

The terms and conditions of the TENDER shall be interpreted and implemented in
accordance with the laws of India, without reference to its conflict of law principles.
***************

32
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
ANNEXURE 1: PART A BID DOCUMENT- BID CERTIFICATE

[To be on Rs. 500/- non-judicial stamp paper]


[Place, Date]

To:

Chief Officer
MUMBAI HOUSING & AREA DEVELOPMENT BOARD
Mumbai Board
Gruhnirman Bhavan, Kalanagar,
Bandra (East) - Mumbai 400051

Dear Sir,

Subject: Bid in response to the Tender for Grant of permission to construct & display
advertisement on M.S. Steel Structures to be installed in MHADA lands,
layouts, colonies, properties in Mumbai Region on BOO project
(“TENDER”) issued MUMBAI HOUSING & AREA DEVELOPMENT
BOARD (MHADB”).

1. Having read, carefully examined and understood the terms of the documents
comprising the TENDER we, the undersigned, hereby offer to develop and
manage the Advertising Sites and to procure and maintain advertisements at such
Advertising Sites and otherwise perform the Tender, all in accordance with:

(a) the terms and conditions as in the TENDER, including without limitation
the terms of the Tender as specified therein; and

(b) our Bid;

Provided however that in the event of any inconsistency between (a) and (b) above,
(a) shall prevail. Capitalised terms used but not defined herein shall have the
meanings ascribed to them in the TENDER.

2. We hereby agree and confirm that our Bid has been prepared strictly in
accordance with the instructions in the TENDER (including the forms set forth
therein) and that we shall at all times act in good faith and abide by the terms and
conditions of the TENDER during the TENDER process.

3. Without prejudice to the generality of the foregoing:

(a) We acknowledge that our offer constitutes an irrevocable and binding


offer and we undertake to keep our Bid valid and open for acceptance for a
period of three months from the last date for submission of Bids, i.e., till
[_________] [Insert date], being the Bid Validity Period as required in
terms of the TENDER.

33
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(b) If our Bid is accepted, we undertake to:

(i) in accordance with the terms of the TENDER, execute the


Agreements in the form issued by MHADB pursuant to the
TENDER, and provide the Security Deposit. We further undertake
that we will not deviate from or seek to negotiate or vary the terms
of the TENDER or the Agreements;

(ii) promptly apply for and obtain, at our cost, all approvals, permits
and licenses required under Applicable Laws, to enable us to enter
into the Agreements and commence the activities relating to the
Tender as per the TENDER;

(iii) pay to MHADB all fees, charges and amounts as specified in the
TENDER. In this regard the Monthly Minimum Guarantee offered
by us are set forth in the Evaluation Form in Part B Bid Documents
submitted by us, which has been prepared strictly in the form as
attached at Annexure 4 to TENDER; and

(iv) develop and manage the Advertising Sites, procure and maintain
advertisements at the said Advertisement Sites and adhere to the
advertising plan and other details; all as specified at Section A of
our Evaluation Form.

(c) We acknowledge and agree that the acceptance, rejection or disqualification


of our Bid and award of the Tender, and the cancellation of TENDER at any
stage is at MHADB‟s sole discretion and any decision taken by
MHADB in relation to the TENDER (including the award of the Tender)
is final and binding on us and we shall have no rights or claims in relation
to any decision of MHADB pursuant to the TENDER process.

4. We represent and warrant to MHADB that as of the date of submission of the Bid
and till the end of the Bid Validity Period:

(a) the information furnished by us is complete, accurate, unconditional and


fairly presented;

(b) we meet the qualification and eligibility criteria specified in the Invitation
and are in compliance with all terms and conditions, as set forth in the
TENDER;

(c) there is no information, data or documents which have not been disclosed
which may prejudicially affect MHADB‟s evaluation or decision in
relation to the award of the Tender;

(d) we have all the necessary corporate approvals and authorizations to


participate in the TENDER, to submit this Bid, and, if awarded the
Tender, to, in accordance with the terms of the TENDER, execute and
perform the Agreements and provide the Security Deposit;

(e) we have complied with, and have obtained all statutory approvals and

34
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
authorizations necessary under, Applicable Laws, including without
limitation, for foreign investment, exchange control and collaboration, to
participate in the TENDER and to submit this Bid to perform the Tender
as contemplated under the TENDER; and

(f) neither we nor our Affiliates are in anyway, directly or indirectly, interested
in, or associated with any other Bidder or its Bid for the Advertising Sites.

In the event of occurrence of any events or circumstances that would render any
of the foregoing representations and warranties untrue or invalid, we covenant to
promptly notify MHADB of the same and agree that MHADB shall be entitled to
reject our Bid in such event, without any cost or liability to us.

5. We undertake and agree that there shall be no change in Control of the Bidder
without the prior written approval of MHADB.

6. The TENDER and this Bid shall be construed, interpreted and governed, in all
respects, by the laws of India, without reference to its conflict of law principles.
The courts at Mumbai will have exclusive jurisdiction in respect of all matters
arising out of the TENDER and this Bid.

Yours sincerely,

For and on behalf of [name of Bidder]

___________________________

Signature of Authorised Signatory

Name:

Title:

Address for communication:

Phone number:

Fax no:

e-mail:

35
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
ANNEXURE 2 : PART A BID DOCUMENT - BID SECURITY

To:
Chief Officer
MUMBAI HOUSING & AREA DEVELOPMENT BOARD
Mumbai Board
Gruhnirman Bhavan, Kalanagar,
Bandra (East) - Mumbai 400051

Dear Sir,

WHEREAS Mumbai Housing & Area Development Board (“MHADB”) has


pursuant Tender for Grant of permission to construct & display advertisement on
M.S. Steel Structures to be installed in MHADA lands, layouts, colonies, properties
in Mumbai Region on BOO (“TENDER”), offered [_______] [Insert name of the
Bidder] (“Bidder”) the opportunity of submitting its offer (“Bid”) for the Construct
and display of advertising sites specified in the TENDER, located in Mumbai and the
Bidder is required under the TENDER to submit a bid security for a value of Rs.
50,00,000/- (Rupees Fifty Lacs only) as a guarantee for the due fulfilment and
performance of all the terms and conditions of its Bid and the provisions of the
TENDER, we _______________ [Insert name of Bank with full address] (the
“Bank”) hereby unconditionally and irrevocably guarantee and undertake to pay
immediately on first demand in writing by MHADB, the whole or part of Rs.
50,00,000/- (Rupees Fifty Lacs only) (the “Guarantee Amount”) in case the Bidder
seeks to withdraw the Bid or fails to perform any of the terms or obligations of the
Bid or breaches any representation or warranty made by it pursuant to the Bid, or fails
to perform any terms or obligations of the TENDER and/or the Bid after the
acceptance of the Bid by MHADB, without any contestation, reservation, protest,
demur or recourse to the Bidder. Any such demand in writing made by MHADB shall
be conclusive and binding on us irrespective of any dispute or difference raised by the
Bidder. On receiving the demand from MHADB the payment shall be made
immediately failing which interest at the rate of eighteen percent (18%) per annum,
on monthly rest basis, or pro rata part thereof shall be payable by the Bank from the
date of demand to the date of payment.

1. MHADB shall have the right to invoke this guarantee as many times as it deems
fit, and in part or for the full Guarantee Amount.

2. We, the Bank, agree and acknowledge that our obligations under this guarantee
shall be primary, absolute, irrevocable, continuing and unconditional. We, the
Bank, also waive presentment to, demand of payment from and protest by
MHADB to the Bidder before invocation of this guarantee.

3. Notwithstanding anything mentioned hereinbefore, our liability under this

36
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
guarantee is restricted to Rs. 50,00,000/- (Rupees Fifty Lacs only) and till the expiry
of a period of [4] months from the last date for submission of the Bid i.e. till
[__________ ] [Insert date as per Section 5.4 of the TENDER], midnight, in India.
Unless a claim under this guarantee is filed against us on or before the expiry of the
aforesaid period of [ 4 ] months from the last date for submission of the Bid, i.e. by
[________] [Insert date as per Section 5.4 of the TENDER], midnight in India, all
your rights under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder. We, the Bank further agree that the
guarantee hereunder contained shall not be affected by any change in the terms of the
Bid originally made by the Bidder, by any change in the terms and conditions of the
TENDER or by the liquidation or winding up, dissolution or changes in the
constitution or any scheme of amalgamation, arrangement or compromise or
insolvency of MHADB or the Bidder but shall in all respects and for all purposes be
binding on us and operative during the currency of this guarantee.

4. We, the Bank, hereby state that we have the power to issue this guarantee in
favour of MHADB and the undersigned has full power to do so under the internal
regulations of the Bank.

5. This guarantee will be governed by the laws of India and will be subject to the
jurisdiction of courts in Mumbai alone.

Dated: For:
[Insert name of Bank]
Place:

____________________________________
Authorised Officer
Name:
Title:
Tel. No:
Fax No:
e-mail:
Address:

37
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
ANNEXURE 3 : PART A BID DOCUMENTS

Bidders shall provide MHADB the following documents for the Part A Bid Documents.
Bidder shall ensure that the Part A Bid Documents are clearly divided into sections and
marked, numbered and filed, in the order as set forth below:
A. Bid Certificate
Duly completed Bid Certificate in the form set forth in Annexure 1.
B. Bid Security
Bid Security in accordance with the provisions of Section 5.4.

C. Authorisation of Authorised Signatory

A valid power of attorney (original or a notarized copy) or a certified true copy of


valid resolution of the board of directors of the Bidder or other valid authorization, in
favour of the Authorised Signatory of the Bidder for signing and submitting the Bid
and otherwise acting on behalf of the Bidder, in accordance with the TENDER.
D. Signed TENDER documents

A copy of all documents comprising the TENDER (including amendments to the


TENDER and clarifications issued by MHADB to queries of Bidders) with every
page stamped and signed by the Authorised Signatory of the Bidder, as a token of
the Bidders acceptance of the terms of the TENDER.
E. General Information

1. Executive Summary: An executive summary of the key points of the


information to be covered under this Section.
2. Details of Bidder

(a) Legal name and nature of the Bidder (whether a sole


proprietorship, partnership, public/private limited company, etc.).

(b) Ownership structure of the Bidder: (i) in case of sole proprietorship,


name of the proprietor; (ii) in case of partnerships: names of the
partners along with their respective shares; (iii) in case of
companies: details of shareholders and their shareholding in the
company, listing details (if applicable) and capitalization; and (iv)
in any other case, names of members and other details as may be
required by MHADB.

(c) Certified true copies of constitutional documents of the Bidder


(certificate of incorporation, memorandum and articles of
association, partnership deed, etc. as applicable).

(d) Address of the principal place of business/registered office of the Bidder.


(e) Place of incorporation / registration details of the Bidder.
(f) Organization chart and write up on key management personnel.

38
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
(g) Names and details of promoters, promoter group and associated entities.

(h) Contact details of authorised representative of Bidder to interact with


MHADB in relation to the Bid and related matters.

(i) Bidder should submit Income tax clearance certificate.


3. Other material information:

Bidders shall disclose all material information that (i) is likely to affect the
performance of the Tender by the Bidder, if awarded; or (ii) may prejudicially
affect MHADB‟s evaluation or decision in relation to the award of the Tender to
the Bidder. Such material information shall include without limitation

(a) Details of any material litigation including disputes, litigation or


proceedings with landlords/ advertising site licensors or which could
otherwise affect the performance of the Tender, if awarded, and material
enquiries/proceedings initiated by any statutory/regulatory authority.

(b) Any factor adversely affecting the financial strengths, defaults in respect
of any loans, borrowings or financial assistance, non-repayments,
threatened bankruptcy, insolvency or liquidation proceedings, etc.

(c) Anticipated business developments of the Bidder: e.g., mergers,


amalgamations, reconstructions, takeovers or other corporate restructuring
or change in ownership, etc.
If there is no material information to be submitted under this section,
Bidder shall indicate “None” against this section. It is hereby clarified that any
failure of the Bidders to disclose the above information may result in the
disqualification of the Bidder and rejection of its Bids at any time.

MHADB reserves the right to require the Bidder to submit any other information
in relation to the Bid.

39
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
ANNEXURE 4: PART B BID DOCUMENT (FINANCIAL)

A. Minimum Monthly Guarantee (MMG) applicable during the Entire Contract


period of 10 Years, renewable for 10 years. (Refer Section 4.2(b)(i) of the
TENDER):

Sites 78
As per Annexure 5 (MMG Per Annum ) Rs. 7,41,34,216

Plus Additional GST and any other applicable taxes will be charged over and above the
accepted offer by the bidder.
DOCUMENT
PART B Will be
the part of Online Submission only

This BOQ Template must not be modified by the Bidder , bidder should
upload the form B after filling only percentage in this sheet

GRANT OF PERMISSION TO CONSTRUCT & DISPLAY ADVERTISEMENT


ON M. S. STEEL STRUCTURES TO BE INSTALLED IN MHADB LANDS,
LAYOUTS, COLONIES , PROPERTIES IN MUMBIA REGION, ON BUILD
OWN & OPERATE (BOO) BASIS

Tender No :

Bidder Name :

Grant of permission to construct & display advertisement on M.S. Steel


Schedule of Structures to be installed in MHADA lands, layouts, colonies, properties
Works : in Mumbai Region on BOO project

Amount
Description of Work be entered by the bidder

Revenue offered to MHADB

40
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
ANNEXURE 5: ADVERTISING SITES

Advertising locations
Layout plans showing the location of the Advertising Sites are attached at Exhibit A.

ADVDERTISING SITES IN WESTERN REGION OF MHADB


Size

Proposed
EST. MG W H
Division Sites Layout Name Media Site Code Area (sqmt)
(PA) (mtr) (mtr)
Type

1 Unipole - 12.19 12.19 148.64


BANDRA 1 Bandra Reclamation MHADA_BRL_01 26,42,677
Signle Side
1 Unipole - 12.19 12.19 148.64
BANDRA 2 Bandra Reclamation MHADA_BRL_02 26,42,677
Signle Side
1 Unipole - 12.19 12.19 148.64
BANDRA 3 Bandra Reclamation MHADA_BRL_03 26,42,677
Signle Side
1 Unipole - 12.19 12.19 148.64
BANDRA 4 Bandra Reclamation MHADA_BRL_04 26,42,677
Signle Side
1 Unipole - 12.19 12.19 148.64
BANDRA 5 Bandra Reclamation MHADA_BRL_05 26,42,677
Signle Side
1 Unipole - 12.19 12.19 148.64
BANDRA 6 Bandra Reclamation MHADA_BRL_06 26,42,677
Signle Side
1 Unipole - 12.19 12.19 148.64
BANDRA 7 Bandra Reclamation MHADA_BRL_07 26,42,677
Signle Side
1 Unipole - 12.19 12.19 148.64
BANDRA 8 Bandra Reclamation MHADA_BRL_08 26,42,677
Signle Side
1 Unipole - 12.19 12.19 148.64
BANDRA 9 Bandra Reclamation MHADA_BRL_09 26,42,677
Signle Side
1 Unipole -
BANDRA 10 Bandra Reclamation MHADA_BRL_10 26,42,677 12.19 12.19 148.64
Signle Side

Grant of permission to construct & display advertisement on M.S. Steel Structures to be


installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
Size

Proposed
EST. MG W H
Division Sites Layout Name Media Site Code Area (sqmt)
(PA) (mtr) (mtr)
Type

1 Unipole - 12.19
BANDRA 11 Bandra Reclamation MHADA_BRL_11 26,42,677 12.19 148.64
Signle Side
1 Unipole - 12.19
BANDRA 12 Bandra Reclamation MHADA_BRL_12 26,42,677 12.19 148.64
Signle Side
1 Unipole -
Bandra Reclamation / 12.19
13"A
BANDRA " Double MHADA_BRL_13A 13,21,338 12.19 148.64
Opposite MTNL Office
Sided
1 Unipole -
12.19 12.19 148.64
13"B
BANDRA " Bandra Reclamation Double MHADA_BRL_13B 13,21,338
Sided
Bandra West – Block 12.19 12.19 148.64
BANDRA 14 No 7 & 8 (ROB) 1 Unipole MHADA_ROB_01_A 19,62,825
Double
Bandra West – Block 12.19 12.19 148.64
BANDRA 15 sided MHADA_ROB_01_B 19,62,825
No 7 & 8 (ROB)
Bandra West – Block 12.19 12.19 148.64
BANDRA 16 No 7 & 8 (ROB) 1 Unipole MHADA_ROB_02_A 19,62,825
Double
Bandra West – Block 12.19 12.19 148.64
BANDRA 17 sided MHADA_ROB_02_B 19,62,825
No 7 &8( ROB)
Bandra West – Block 12.19 12.19 148.64
BANDRA 18 No 7 &8( ROB) 1 Unipole MHADA_ROB_03_A 19,62,825
Double
Bandra West – Block 12.19 12.19 148.64
BANDRA 19 sided MHADA_ROB_03_B
No 7 &8( ROB) 19,62,825
Bandra West – Block 12.19 12.19 148.64
BANDRA 20 No 7 &8( ROB) 1 Unipole MHADA_ROB_04_A 19,62,825
Double
BANDRA 21 Bandra West – Block sided MHADA_ROB_04_B 12.19 148.64
No 7 & 8 ( ROB) 19,62,825 12.19
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
Size

Proposed EST. MG W H
Division Sites Layout Name Site Code Area (sqmt)
Media Type (PA) (mtr) (mtr)

1 Unipole - 12.19 12.19 148.64


BANDRA 22 Bharat Nagar MHADA_BAN_03_A
Signle Side 15,70,260
1 Unipole - 12.19 12.19 148.64
BANDRA 23 Bharat Nagar MHADA_BAN_04_A
Signle Side 15,70,260
1 Unipole - 12.19 12.19 148.64
BANDRA 24 Bharat Nagar MHADA_BAN_05_A
Signle Side 15,70,260
1 Unipole - 12.19 12.19 148.64
BANDRA 25 Bharat Nagar MHADA_BAN_06_A
Signle Side 15,70,260
Grihanirman 1 Unipole - 12.19 12.19 148.64
BANDRA 26 MHADA_BAN_06_A1
Bhavan Signle Side 12,75,836
Grihanirman 1 Unipole - 12.19 12.19 148.64
BANDRA 27 MHADA_BAN_07_A
Bhavan Signle Side 12,75,836
Grihanirman 12.19 12.19 148.64
BANDRA 28 MHADA_BAN_08_A
Bhavan 1 Unipole 12,75,836
Grihanirman Double Sided 12.19 12.19 148.64
BANDRA 29 MHADA_BAN_08_B
Bhavan 12,75,836
Grihanirman MHADA_BAN_LED_0 18.29 6.10 111.48
BANDRA 30 LED SCREEN 1
Bhavan 9,56,877
BANDRA 31 JVPD MHADA_BAN_09_A 12.19 12.19 148.64
1 Unipole 7,15,985
BANDRA 32 JVPD Double Sided MHADA_BAN_09_B 12.19 12.19 148.64
7,15,985
1 Unipole - 12.19 12.19 148.64
BANDRA 33 JVPD MHADA_BAN_10_A
Signle Side 7,15,985

BANDRA TOTAL 5016.8


6,45,46,617

Grant of permission to construct & display advertisement on M.S. Steel Structures to be


installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
Size
Proposed EST. MG W H
Division Sites Layout Name Site Code Area (sqmt)
Media Type (PA) (mtr) (mtr)

Vanrai Colony, 1 Unipole -


GOREGAON 1 MHADA_GOR_01_A 12.19 148.64
Goregaon East Signle Side 2,05,204 12.19
Bimbisaar 1 Unipole -
GOREGAON 2 MHADA_GOR_03_A 12.19 12.19 148.64
Nagar Signle Side 4,10,409
Bimbisaar 12.19 12.19 148.64
GOREGAON 3 MHADA_GOR_04_A
Nagar 1 Unipole 4,10,409
Bimbisaar Double Sided 12.19 12.19 148.64
GOREGAON 4 MHADA_GOR_04_B
Nagar 2,05,204
20 - Display
Bimbisaar
GOREGAON 5 Panels Parallel MHADA_GOR_DP_A 3.66 2.44 178.37
Nagar 2,46,245
to WEH

GOREGAON 5 772.95
14,77,472

Grant of permission to construct & display advertisement on M.S. Steel Structures to be


installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
Size
Proposed
EST. MG W H
Division Sites Layout Name Media Site Code Area (sqmt)
(PA) (mtr) (mtr)
Type
MAGATHANE, 1 Unipole -
BORIVALI 1 MHADA_BOR_01_A 12.19 148.64
FULPAKHRU UDYAN Signle Side 2,96,387 12.19
MAGATHANE,
BORIVALI 2 DEVIPADA , BORIVALI MHADA_BOR_02_A 12.19 12.19 148.64
1 Unipole 2,96,387
EAST
Double
MAGATHANE,
Sided
BORIVALI 3 DEVIPADA , BORIVALI MHADA_BOR_02_B 12.19 12.19 148.64
2,96,387
EAST
BORIVALI 4 Shailendra Nagar 1 Unipole MHADA_BOR_03_A 12.19 12.19 148.64
1,29,368
Double
BORIVALI 5 Shailendra Nagar Sided MHADA_BOR_03_B 12.19 12.19 148.64
1,29,368
BORIVALI 6 Shailendra Nagar 1 Unipole MHADA_BOR_04_A 12.19 12.19 148.64
1,29,368
Double
BORIVALI 7 Shailendra Nagar Sided MHADA_BOR_04_B 12.19 12.19 148.64
1,29,368
12.19 12.19 148.64
BORIVALI 8 Chunabhatti 1 Unipole MHADA_BOR_05_A
1,29,368
Double
BORIVALI 9 Chunabhatti Sided MHADA_BOR_05_B 12.19 12.19 148.64
1,29,368
BORIVALI 10 Chunabhatti 1 Unipole MHADA_BOR_06_A 12.19 12.19 148.64
1,29,368
Double
BORIVALI 11 Chunabhatti Sided MHADA_BOR_06_B 12.19 12.19 148.64
1,29,368
12.19 12.19 148.64
BORIVALI 12 Samta Nagar 1 Unipole MHADA_BOR_07_A
3,21,190
Double
BORIVALI 13 Samta Nagar Sided MHADA_BOR_07_B 12.19 12.19 148.64
3,21,190
BORIVALI 13 19323.8
25,66,483

Grant of permission to construct & display advertisement on M.S. Steel Structures to be


installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
ADVDERTISING SITES IN EAST REGION OF MHADB

Size
*Monthly
Minimum
W H
Division Sites Layout Name Proposed Media Site Code Guarantee Area (sqmt)
(mtr) (mtr)
(MMG) per
annum
1 Unipole with 2 MHADA_KUR_01_ 12.19 148.64
KURLA Tungwe Powai A 4,89,368
1 Billboards 12.19
1 Unipole with 2 MHADA_KUR_01_ 12.19 12.19 148.64
KURLA Tungwe Powai B 4,89,368
2 Billboards
Vinoba Bhave MHADA_KUR_02_ 12.19 12.19 148.64
KURLA 1 Unipole with 2 A 2,50,706
3 Nagar New
Billboards
Vinoba Bhave MHADA_KUR_02_ 12.19 12.19 148.64
KURLA B 2,50,706
4 Nagar New
Vinoba Bhave MHADA_KUR_03_ 12.19 12.19 148.64
KURLA 1 Unipole with 2 A 2,50,706
5 Nagar New
Billboards
Vinoba Bhave MHADA_KUR_03_ 12.19 12.19 148.64
KURLA B 2,50,706
6 Nagar New
Vinoba Bhave MHADA_KUR_04_ 12.19 12.19 148.64
KURLA A 2,50,706
7 Nagar New 1 Unipole with 2
Vinoba Bhave Billboards MHADA_KUR_04_ 12.19 12.19 148.64
KURLA B 1,25,353
8 Nagar New
Vinoba Bhave MHADA_KUR_05_ 12.19 12.19 148.64
KURLA A 1,25,353
9 Nagar Old 1 Unipole with 2
Vinoba Bhave Billboards MHADA_KUR_05_ 12.19 12.19 148.64
KURLA B 1,25,353
10 Nagar Old
Vinoba Bhave MHADA_KUR_06_ 12.19 12.19 148.64
KURLA A 1,25,353
11 Nagar Old 1 Unipole with 2
Vinoba Bhave Billboards MHADA_KUR_06_ 12.19 12.19 148.64
KURLA 12 Nagar Old B 1,25,353
Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
Size
*Monthly
Minimum
W H
Division Sites Layout Name Proposed Media Site Code Guarantee Area (sqmt)
(mtr) (mtr)
(MMG) per
annum
Vinoba Bhave MHADA_KUR_07_ 12.19 12.19 148.64
KURLA 1 Unipole with 2 A 1,25,353
13 Nagar Old
Billboards
MHADA_KUR_07_
KURLA Vinoba Bhave "-" B 1,25,353 12.19 12.19 148.64
14 Nagar Old
Sion Chunabhatti MHADA_KUR_08_ 12.19 12.19 148.64
KURLA 1 Unipole with 2 A 1,71,747
15 - EEH
Billboards
MHADA_KUR_08_
KURLA Sion Chunabhatti "-" B 1,71,747 12.19 12.19 148.64
16 - EEH
1 Unipole with 1 MHADA_KUR_09_ 12.19 12.19 148.64
KURLA Tilak Nagar A 2,32,862
17 Billboard

KURLA 17 36,86,097 2526.96

12.19 12.19
MULUND MHADA_MUL_04_A 3,21,190
1 Pant Nagar 1 Unipole with 2 1600
Billboards 12.19 12.19
MULUND MHADA_MUL_04_B 3,21,190
2 Pant Nagar 1600

MULUND 2 6,42,379 297.28


Grant of permission to construct & display advertisement on M.S. Steel Structures to be
installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
Size
*Monthly
Minimum
W H
Division Sites Layout Name Proposed Media Site Code Guarantee Area (sqmt)
(mtr) (mtr)
(MMG) per
annum

CITY 1 Dharavi Layout MHADA_CIT_01_A 1,32,937 12.19 12.19 148.64


1 Unipole with 2
Billboards 12.19 12.19 148.64
CITY 1,32,937
2 Dharavi Layout MHADA_CIT_01_B
CITY Mahim Fisherman 4,08,178 12.19 12.19 148.64
3 Colony 1 Unipole with 2 MHADA_CIT_02_A
CITY Mahim Fisherman Billboards 4,08,178 12.19 12.19 148.64
4 Colony MHADA_CIT_02_B
CITY Sion Sector 5 - 33,234 6.10 6.10 37.16
5 DD Road 1 Unipole with 2 MHADA_CIT_03_A
CITY Sion Sector 5 - Billboards 33,234 6.10 6.10 37.16
6 DD Road MHADA_CIT_03_B
CITY Sion Sector 5 - 1 Unipole with 2 33,234 6.10 6.10 37.16
7 DD Road Billboards MHADA_CIT_04_A
Sion Sector 5 - 1 Unipole with 1 6.10 6.10 37.16
CITY 33,234
8 DD Road Billboards MHADA_CIT_05_A

CITY 8 1215167 743.22

Grant of permission to construct & display advertisement on M.S. Steel Structures to be


installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project
SUMMARY

Est. Monthly Est. Monthly


Display Area minimum minimum
Division Sites
(sqmtr) Guarantee Guarantee
(Per Month) (Per Annum)

BANDRA 33 5,017 53,78,885 6,45,46,617


GOREGAON 5 773 1,23,123 14,77,472
BORIVALI 13 1,932 2,13,874 25,66,483
WEST 51 7,722 57,15,881 6,85,90,572

KURLA 17 2,527 3,07,175 36,86,097


MULUND 2 297 53,532 6,42,379
CITY 8 743 1,01,264 12,15,167
EAST 27 3,567 4,61,970 55,43,643

TOTAL 78 11289 61,77,851 7,41,34,216

* Minimum Monthly guarantee per annum mentioned in Annexure 5 against each site is calculated as per
the marketing potential of existing and proposed sites considering the market value as per the annual table of rates issued by the
chief controlling revenue authority of & Inspector general of registration, Maharashtra State, Pune.

Grant of permission to construct & display advertisement on M.S. Steel Structures to be


installed in MHADA lands, layouts, colonies, properties in Mumbai Region on BOO project

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