~ 1 ~ No. NFL/CO/CC/2018/EMP/01 Dated:

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1 ~ 1 ~ No. NFL/CO/CC/2018/EMP/01 Dated: Dear Sirs, SUBJECT: EMPANELMENT OF ADVERTISING AGENCIES National Fertilizers Limited, a Govt. of India Undertaking intends to empanel advertising agencies for a period of three years. For this purpose, we invite you to participate in pre-qulification process vide Empanelment Application (ANNEXURES I VI) annexed herewith. You are requested to submit your application in sealed envelopes duly superscribed APPLICATION FOR EMPANELMENT AS AN ADVERTISING AGENCY and addressed to DGM (CC & Admn.), National Fertilizers Limited,, A-11, Sector-24, NOIDA (U.P.) latest by /02.30 P.M. If downloaded from website, your application must be accompanied with A DD of Rs. 1000/- drawn in favour of National Fertilizers Limited, New Delhi on any scheduled bank. The tenderer may also transfer / deposit Tender Fee of Rs. 1000/- (Rupees One Thousand Only) in the account of National Fertilizers Limited, New Delhi, through NEFT/RTGS transfer. The NFL s A/c details are placed at Annexure-VI. The tenderer shall provide the details of UTR/transaction ID of tender fee payment with the tender document. SCOPE OF WORK: NFL's advertising activities range from regular tender notice, public notice, and recruitment notifications to full-fledged multi-media, multi-language, pan-india advertising activities involving use of creative for print as well electronic media. Agencies are expected to release company's advertisements in newspapers, magazines, web portals, radio and television channels, outdoor hoardings, digital display or any other media included in Above the line (ATL) and Below the line (BTL) media, often at short notice. The agencies should have the capabilities of developing creating, designing, printing publications such as Annual Report, House Journal, and Brochures etc. The agency should provide all kind of creative services viz DTP, creative designing for Print Media, Publications, Banners etc., creative production services for radio jingles, films, TVC, etc. It should have experience in fabrication of exhibition stalls, making of documentary/corporate film, organizing all kind of events such as Foundation day, Press Conferences, AGM etc. The agencies shpuld have the expertise in handling of Corporate websites and Social Media Plateforms for the Company, The ability to undertake any other related services will be an added advantage but not a necessary condition for empanelment. Overall the agencies should be able to provide all kind of communication solutions the needs of a Corporate Cummunication Dept.

2 ~ 2 ~ Eligibility Criteria: The empanelment process will be consisting of Stage-I, II & II. For qualifying in stage-iii, the agency is required to qualify in Stage I & II. Following shall be the eligibility criteria for empanelment of the ad agencies. PRELIMINARY SCRUTINY FOR QUALIFYING Stage - I 1. The Agency should have full INS Accreditation valid as on the date of the advertisement; 2. The agency should have minimum annual turnover of Rs. 2 crores in the last three financial years ending 31st March 2017 with positive net worth. 3. It should be a Full Service Agency with all creative, media and other facilities. 4. Submission of complete information as per prescribed format along with necessary documents mentioned at Annexure - V 5. Agencies should have full-fledged office in either Delhi or Noida where NFL's Registered/ Corporate offices are located. 6. The agencies should be empanelled with Bureau of Outreach & Communication earlier known as Directorate of Advertsing & Video Publicity (DAVP) as on the date of the advertisement. 7. Delayed / Late or conditional applications shall be rejected from any further consideration. PRELIMINARY SCRUTINY FOR QUALIFYING Stage - II 1. Physical Verification will be carried out by a duly constituted committee of all the agencies eligible agencies who have qualified all criteria mentioned in Stage - I. 2. The agencies shall be recommended for eligibility in this stage by the committee on the basis of work related infrastructure & facilities at their premises found during the inspection. The agencies having poor infrastructure will not be recommended by the committee for qualification in this stage. SECONDARY SCRUTINY Stage III The parties qualifying Stage - I scrutiny will be called as per the schedule for assessment on following points: 1. Presentation: The Agency will be required to give presentation before a committee. The duration of making presentation may be 10 minutes broadly covering (i) Brief of the agency (2-minutes) (ii) Best Media Campaigns for PSUs/other Corporates in Print / Electronic Media / Radio Jingle etc. undertaken by the agency in last 3 years (3 minutes) (iii) Publicity Campaign for enhancing Corporate Image of NFL. A fresh tagline may also be proposed in the Publicity Campaign. (5 Minutes)

3 ~ 3 ~ The Schedule of presentation has to be firm and request for change of schedule shall not be entertained. Max. limit of 10 minutes has to be strictly adhered to and violation of time will attract negative marks by the Selection Committee for the agency concerned. 2. Creative Print Media Ad Design in colour : one full page (A4 size) in four colours in Eng and Hindi. The advertisement must carry name & logo of NFL and the salient features about NFL. Only hard copies have to be submitted. The selection of the agencies for empanelment shall be done on the basis of the marks obtained by the advertising agencies concerned in stage - III. A confirmation shall also be obtained from INS about the INS accreditation (valid as on date) of the selected agency before empanelment. Last date for submission of application is by 02:30 PM. The applications shall be opened on same day at 3.00 PM. In case any further details are required, kindly feel free to contact us on any working day / during working hours well before the closing date and time fixed for the purpose. Thanking You, Yours faithfully, For National Fertilizers Limited, (B. V. Vittal) Dy. Gen. Manager (CC & Admn.)

4 ~ 4 ~ ANNEXURE - I GENERAL TERMS & CONDITIONS 1. All proposals received will be scrutinized to assess their eligibility based on the eligibility criteria as mentioned above. The proposals which do not meet the eligibility criteria will be rejected, forthwith, or at any stage of detection. If deemed necessary, NFL may seek clarifications on any aspect from the Agency (ies). However, that would not entitle the Agency(ies) to alter or cause any change in the material information of the proposal already submitted. The evaluation process will be done by NFL, on the basis of examination of documents, certificates, declarations etc. submitted by the Agency as required. The decision of NFL about the empanelment shall be final and binding upon the applicant (s) / parties concerned. The NFL management reserves the right to select or reject any application without assigning any reason thereof. 2. After empanelment, while carrying out jobs of the Company if any items of work/operation not provided in the work order, the same may be completed and rates to be paid for this work shall be determined by NFL. 3. The agency shall not assign, or sublet the work or any part thereof without having first obtained the permission of NFL in writing. NFL shall be at liberty at its discretion to refuse such a request of the agency. In case the work is sublet without the approval, in writing, of NFL, the company shall at its sole discretion cancel the job order, arrange the job in question from other sources, in which case, the decision of NFL shall be final and binding. 4. After the work has been completed, the bill for the work done, in duplicate, shall be prepared on the basis of the approved rates, those applicable to Public Sector Undertakings and submitted by the agency to NFL together with original bills of media houses, publications, davp rate cards (wherever applicable), delivery challan etc. and any other documents in support of the work items charged for in the bill and requisite certificate of having completed the job as per the specifications of the job order. 5. No advance payment will be made by NFL. The payment of bills shall be made within 30-days period of receipt of bill, complete in all respects. 6. The rates of advertisement of the newspaper will be those applicable to public sector undertakings as per the prevalent policy. No other extra charges for art-work etc. shall be payable to the ad agency. They will have to furnish a certificate to the effect that advertising rates applicable to PSUs have been applied in the instant bill. TDS shall be recovered as per the Income Tax Act/Rules in force from time to time. 7. The Advg. Agency will arrange to get our advertisements published in desired newspapers and journals as per our instructions within the time as may be specified in our release order. 8. In case of non-execution of job or not to the satisfaction of NFL, the job shall be got executed from open market or the other agencies in the panel at the risk and cost of the concerned empanelled agency and its empanelment shall be terminated. 9. All the creative designs/art work/films/jingles/inputs etc., which are to be prepared by the agency for NFL, or supplied by the Company for the work shall be returned to NFL after completion of the work.

5 ~ 5 ~ 10. The Agency will not be paid for developing creative options for advertisements, translation of material from English to Hindi or into any other Indian language. The creative developed for advertisement, brochures, panels of exhibition stalls, etc. will be the property of NFL and Agency will provide soft copy in open format for any use by NFL. 11. The empanelment shall be for three years from the issue of empanelment letter. 12. The prospective applicants having any common Partners/Directors/Managing Partners etc. or having any other common criteria shall be considered as Sister/Group/Associate Company. In such case, only one of them will be eligible for participating in the prequalification process. 13. Offers should be unconditional; otherwise the Company may summarily reject them from any further consideration. 14. NFL reserves the right to terminate the services of the agency at any time without assigning any reason, whatsoever. Such decision shall be binding on empanelled agencies. 15. In case of large number of agencies becoming eligible as per the given criteria, NFL reserves the right to restrict the number of agencies to be empanelled as per its requirements based on any related criteria. 16. The empanelled agencies will be required to offer services for routine advertisement releases and other PR jobs. In the event of specific launch of a media campaign or other such jobs NFL may contact any or all empanelled agencies for creative options and distribute the creative so developed amongst one or more agencies for further release of the same in the Print/Electronic Media. 17. JURISDICTION All actions at law of suits arising out of or in connection with this contract or the subject matter thereof shall be instituted in a Court of competent jurisdiction in the NCT of Delhi to the exclusion of jurisdiction of any other Court. 18. ARBITRATION 18.1 Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract, or out of the matters relating to the contract or breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of works or whether before or after termination shall after written notice by either The Party to the contract be referred to ED (HR) / C&MD, National Fertilizers Limited, A-11, Sector-24, Noida for appointment of the Arbitrator The Arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996, the Arbitration & Conciliation (Amendment Act, 2015) or any further statutory modification or re-enactment thereof and the rules made thereunder.

6 ~ 6 ~ 18.3 If the arbitrator to whom matter is referred, vacates his/her office by any reason whatsoever then the next arbitrator so appointed by the authority referred above may start the proceedings from where his predecessor left or at any such stage he may deem fit It is agreed by and between the parties that in case a reference is made to the Arbitrator or the Arbitral Tribunal for the purpose of resolving the disputes/differences arising out of the contract by and between the parties hereto, the Arbitrator or the Arbitral Tribunal shall not award interest on the awarded amount more than the rate SBI PLR/Base Rate applicable to NFL on the date of award of contract INCOME TAX / GST b. Income Tax as per Income Tax Act & rules in force shall be deductible from your bill. Please Give your PAN Number in application form. c. GST No. of the agency, may please be indicated in application form 20.0 TERMINATION OF EMPANELMENT NFL, by a written notice of maximum 14 days (varies from case to case), of default, may without prejudice to any other remedy for breach of contract, terminate the empanelment/cancel the work order in whole or in part as the case may be: I. If the agency fails to deliver any or all goods/services within the time period(s) specified in the work order, or any extension thereof granted by NFL. II. III. IV. If the agency fails to perform any other work/service under the contract/workorder; and If the agency does not rectify his failure(s) within a period specified by NFL, after the receipt of the default notice. Assigns or sublets the work in whole or part thereof without prior written consent of NFL. If performance is not satisfactory, or defaults in the performance during designing, creating and releasing the advertisement and fails to correct such default to the reasonable satisfaction of NFL within the stipulated time given in the written notice of such default. V. If quality of printed material supplied is found unsatisfactory for which, NFL will be sole judge or the agency fails to provide printed material in full quantity or part thereof as specified in job order. NFL reserves the right to decide the duration of Notice Period to be served in above cases as per the priority and importance of the job subject to maximum 14 days OTHER TERMS: 21.1 If any information submitted by a tenderer at the time of submission of empanelment is found untrue after the award of the contract or it is discovered that some information having a material bearing on the contract has been concealed, NFL reserves the right to terminate the contract forthwith without any prejudice to any right, remedy, claims etc. that may be suitable to NFL No conditions or deviations should be mentioned by the tenderer in empanelment application. Where the Party has mentioned any conditions or deviations in the application shall be summarily rejected without any further reference.

7 ~ 7 ~ 21.3 In the event of the agency failing to observe or perform any of the conditions of the work as set out herein, it shall be lawful for NFL in its discretion to remove or withhold any part of the work until such time as it may be satisfied that the agency is able to do and will duly observe the said condition In case the work is not executed in time and to its satisfaction, NFL may at its own discretion either- (a) (b) Permit the agency to re-do the same within such time as the NFL may specify at agency own cost which shall include the cost of all raw material, final product and service ; or Arrange to get the work done elsewhere and by any other form or form any other source than the agency, in which case the amount of extra cost, if any, shall be recovered by NFL from the agency In case of delay in publication of our advt., or failing to publish the advertisement as may be stipulated in our particular release order, NFL shall be at liberty to cancel the release order, in which event no payment shall be made. NFL s decision in this regard shall be final and binding upon the ad agency. In case of advertisement being misprinted or published wrongly or in contradiction of our instructions, the Ad agency concerned will have to publish corrigendum as may be instructed in such an event at no cost to NFL In case of error, or defect due to the fault of agency at any time, the agency shall be bound, if called upon to do so, to rectify such error or defect at his own cost to the satisfaction of and within the time fixed by NFL In the event of lock-out/closure of press on account of liquidation, strike, fire accident, or any other circumstances the NFL reserves the right to withdraw the job, at whatever stage it might be, without any obligation of payment or reimbursement of expenditure in respect of work done (including plates made) and also to withdraw/take possession of the manuscript, photographs, illustrations, paper, binding, cloth etc., supplied earlier in connection with the printing of the job If a tenderer resorts to any frivolous, malicious or baseless complaints / allegations with intent to hamper or delay the tendering process or resorts to canvassing / rigging / influencing the tendering process, NFL reserves the right to debar such tenderer from participation in the present /future tenders up to a period of 2 years. 22. Force Majeure a. Neither party shall be liable for any claim on account of any loss, damage or compensation, whatsoever, arising out of any failure to carry out the terms of this Contract where such failure is caused due to war, rebellion, mutiny, civil commotion, fire, riot, earthquake, drought, floods, crop failure, strike, lock-out, major break-down of the plant, or act of God, or due to any restraint or regulation of the State or Central Government, or a local authority/ authorities provided a notice of such occurrence is given to the other party in writing within 10 days from the date of the occurrence of the force-majeure condition, furnishing there with a documentary evidence supporting the invoking of the force-majeure clause.

8 ~ 8 ~ b. On cessation of the force-majeure, the party invoking force-majeure shall inform the other party of the period for which the force-majeure condition continued and shall also give documentary evidence thereof to this effect. 23. MISC. CONDITIONS I. The Agency should have adequate resources to handle full-fledged multimedia multi-lingual pan-india publicity campaigns. II. III. IV. In case, an empaneled Agency shuts any of its offices, it should inform NFL immediately. In case, an empaneled agency changes the location of its registered office, it should inform NFL immediately. NFL reserves the right to seek fresh set of documents or seek clarifications on the already submitted documents. NFL s decision in this regard shall be final and binding on all. In case any portion of the advertisement matter as contained in the Release Order is not clearly understood, the agency shall immediately obtain a clarification, ensuring that there is no mistake, and this process should not delay the publication of the advertisement. V. The agency will ensure timely delivery of advertisement material and release order to the newspapers. VI. VII. VIII. IX. The Agency will ensure that the language of advertisements published in the newspapers of other languages should be same as the language of the newspapers. Translation of material for various newspapers and in various languages and proof reading will be the responsibility of the Agency. All the display advertisements, layouts and classified advertisements as designed by the Advertising Agency will be subject to approval by NFL, prior to release to the newspaper. Whenever required, the Advertising Agency shall have to accept and get advertisement published at a very short margin of time in specified newspapers on a specified. X. Advertisement material taken, after type setting / designing should be submitted in duplicate on the same day for approval of NFL. XI. XII. NFL reserves the right to use the Layout, Designs & Creatives etc. prepared and submitted by the Advertising Agencies for various tendering processes / media campaigns / other jobs in NFL. The same creatives may be used by NFL in any manner as deem fit by NFL without agency s consent,. The above terms and conditions are not exhaustive. The additional / special terms and conditions can be specified at the time of NIT depending upon the type of job involved.

9 ~ 9 ~ 24. DECLARATION: The Agency has to submit a declaration along with the Terms & Conditions, in the form of an affidavit duly notarized on Rs. 10 (Ten) Non Judicial Stamp Paper, stating: (i) That no other firm /sister concern / associate belonging to the same group is participating / submitting this application. (ii) That the bidders, their associates, sister concerns etc. have not been blacklisted/delisted or are put on holiday by any Institutional agency/govt. Dept./Public Sector Undertaking in the last two years. In case of concealment of any fact, if detected later on, such parties will be debarred from all future dealings with NFL. (B. V. Vittal) Dy. Gen. Manager (CC & Admn.)

10 ~ 10 ~ ANNEXURE-II DECLARATION (TO BE GIVEN ON A LETTER HEAD OF THE COMPANY/ FIRM) Ref: 1) Empanelment Application No. Dear Sir, 1. We have carefully read and understood all the terms and conditions of the bid document and hereby convey our acceptance to the same. 2. The information / documents furnished along with the above Empanelment Application are true and authentic to the best of my knowledge and belief. We are well aware of the fact that furnishing of any false information / fabricated document would lead to rejection of our bid/ application at any stage besides liabilities towards prosecution under appropriate law. 3. We have apprised ourselves fully about the job to be done during the period of agreement and also acknowledged to bear consequences of non-performance or deficiencies in the services on our part. 4. We have no objection, if enquiries are made about the work listed by us. 5. We have not been found guilty by a court of law in India for fraud, dishonesty or moral turpitude. 6. We agree that the decision of NFL in selection of advertising agencies will be final and binding to us. Date: Signature of authorized person Place: Full Name & Designation: With Company s Seal Note: The above declaration, duly signed and sealed by the authorized signatory of the company, should be enclosed with bid document.

11 ~ 11 ~ (AFFIDAVIT TO BE SUBMITTED IF THE AGENCY'S OWNERSHIP STATUS IS PROPERRIETORSHIP) AFFIDAVIT ANNEXURE-III I son of Shri aged working as MD / Director / Chief Executive Partner / sole proprietor* of M/s. having its Registered Office at do hereby solemnly affirm and declare on oath as under:- 1. That I am competent to swear this affidavit being the sole proprietor of M/s. and MD / director / chief Executive* of the same firm vide its resolution No. dt. 2. That my company M/s. proprietorship firm is participating in pre-qualification process of advertising agencies in NFL. 3. That I am fully aware of the contents of the empanelment document and I declare that all the information and documents submitted are true and correct to my knowledge and belief and correct as per the records of the properitorship/company. 4. That I hereby confirm and declare that none of my / our group / associate / sister companies / concerns except one of us, is participating in the empanelment process. 5. That I hereby confirm and declare that none of my / our group / associate / sister concerns have been blacklisted by any of the Govt. organizations / PSUs. 6. That I further undertake that in case any of the facts contained in our application is found otherwise or incorrect, or false at any stage, my company / firm and my / our group / associate / sister company (ies)/concerns(s)/firm(s) will stand debarred from the present and future tenders. DEPONENT Verified at on that the contents of paras 1 to 5 of this affidavit are true and correct to best of my knowledge and belief and no part of this is false and nothing material has been concealed or falsely stated therein. *strike out whichever is not applicable. DEPONENT NB: Above affidavit is to be submitted on the stamp paper of Rs. 100/- and certified by the Notary Public.

12 ~ 12 ~ NATIONAL FERTILIZERS LIMITED A-11, Sector -24, Noida (U.P) Performa for Empanelment of Advertising Agency 1 Name of Advertising Agency 2 Complete Address with telephone numbers Fax no, , etc. ANNEXURE - IV Name of Contact Person with Mobile No. Details of Sister Concern, If any. 3 Branches, if any 4 Year of Establishment 5 INS, DAVP, AIR & Doordarshan Accreditation (attach self-attested photocopy of the certificate/documentary proof) 6 Annual Turnover of preceding three years In (Rs.) Copy of audited balance sheet of each financial year certified by CA to be attached ( , , ) 7 Bank Solvency certificate issued by Nationalized/Scheduled bank indicating financial soundness and amount of solvency (5 Lakh Minimum) Must not have been issued 6 month before the date of NIT. 8 Copy of acknowledged IT return for last three financial years ( , , ) i.e. AY ( , , ) 9 Trained Manpower (Give area of specialization and work experience of each professional in detail along with the form as separate document) FY AY No. of Creative Designers

13 ~ 13 ~ - No. of Visualizers - No. of Copy writers - No. of Art Director - No. of Media Planners - Others (specify) 10 Please Indicate: GST Registration No: PAN : PF No.: Infrastructure Details (specify) - No. of Computers - No. of Laser Printers - No. of Colour Printers - No. of High Resolution Scanners - Agency Services Offered (Please tick services offered by you) 12 List of important clients e.g. Central Government/ State Government/ Public Sector (All India)/ Private Sector (All India)/ Fertilizer Manufacturing Companies Advtg. in print media, Advtg. in Outdoor & Electronic Media, Designing & Printing Exhibition & Conference Rural Advert. *Please submit performance certificate from at least two clients of repute) (A) Have you ever been delisted by any PSU / Govt. Dept. / Institutional Agency / etc.? If so, please give details thereof. (B) Have you prepared Corporate Documentaries / Films for Companies? If so, please submit work orders. (C) Have you handled exhibitions of PSUs, or Govt. Dept? If so, please furnish copies of the work orders in support thereof.

14 ~ 14 ~ (D) Any other details which you propose to furnish in support of your capability, please specify. (E) Samples of Five Best Creative ads of your reputed clients must be submitted. (F) List of awards won by agency. (Please attach the relevant documents with the application form) Note :- The Application form downloaded from the website must also be accompanied by a tender fee of Rs. 1000/- (Non-refundable) in the form of DD in favour of National Fertilizers Limited payable in New Delhi. Date:-... (Signature of the Authorized Person with Stamp) Place:-... (Name and Address of the Agency) ]

15 ~ 15 ~ ANNEXURE - V Documents to be Submitted Please ensure that following documents are enclosed with the application for empanelment : 1. The Complete Empanelment Application from Page No. 1 to 14 - duly filled in signed & stamped 2. Copy of INS Accreditation valid as on date (Self Attested) 3. Copy of DAVP Empanelment valid as on date (Self Attested) 4. Copy of document of status of the firm i.e. Copy of Partnership deed / Memorandum / Article of Association/ Properitorship Affadavit at Annexure -III (On Notarized Rs. 100/- Non Judicial Stamp Paper in case of Properitorship). 5. Copies of : (i) GST Registration No. (ii) PAN No. (iii) Provident Fund No., if applicable 5. Copy of Audited Balance Sheet certified by CA of years Financial Year , , Bank Solvency certificate of Minimum Rs. 5 Lakh issued by Nationalized/Scheduled bank indicating financial soundness and amount of solvency (Must not have been issued 6 months before the date of NIT and to be submitted as original document copies shall not be accepted) 7. Copy of acknowledged IT return for last three Assessment years ( , , ). 8. Performance certificate from any two clients. 9. Documentary Proof of Awards & Recognition at National Level. (Only if received and mentioned in application form) 10. Declaration in the form of affidavit duly notarized on Rs. 10/- non-judicial stamp paper (As per point No. 24 given at page no. 9 of General Terms & Conditions of Annexure -I) on Company's Letterhead signed and stamped by authorised person (As per Annexure -II) 11. Tender Fee of Rs. 1000/- in the form of DD in favour of National Fertilizers Limited payable at New Delhi.